1 Responsible body
The controller in accordance with the EU General Data Protection Regulation (GDPR) and all other data protection regulations is the Department of Open Space Planning at the University of Kassel. Please find our contact details in the imprint.
As the operator of this website, the University of Kassel takes the protection of your personal data very seriously and treats your personal data confidentially and in accordance with the statutory provisions. This privacy policy serves to inform you about the processing of personal data in accordance with the requirements of the GDPR.
If you have any questions about the collection, processing or use of your personal data, or if you wish to request information, correction, blocking or deletion of data, you can contact us at the following e-mail address: voigt@asl.uni-kassel.de or by post at:
Dr. Annette Voigt
Fachgebiet Freiraumplanung
Universität Kassel
Fachbereich Architektur Stadtplanung Landschaftsplanung (ASL)
Gottschalkstraße 26,
34137 Kassel
2 Definitions
The privacy policy is based on the definitions of the GDPR. To ensure that our privacy policy is comprehensible, we would like to explain the frequently used terms in advance:
- Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as „data subject“). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting its future processing.
- Profiling
Profiling is any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
- Pseudonymisation
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
- Person responsible
The controller is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
- Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
- Receiver
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular enquiry in accordance with Union or Member State law shall not be regarded as recipients.
- Third
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
- Consent
Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
3 General information on data processing
3.1 Scope of the processing of personal data
We only process our users‘ personal data insofar as this is necessary to provide a functional website and our content and services. The processing of our users‘ personal data only takes place regularly with the user’s consent. An exception applies in cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.
3.2 Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data that is necessary for the fulfilment of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.
3.3 Data erasure and storage duration
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Data may also be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract. Insofar as retention periods under commercial and tax law must be observed, the storage period for certain data may be up to 10 years.
4 Provision of the Xtopien.org website and creation of log files
4.1 Description and scope of data processing
Our website Xtopien.org was created using the WordPress content management system, which is owned and managed by Automattic Inc. Each time our website is accessed, our system automatically collects the data and information from the computer system of the accessing computer, which is generally collected by the provider Automattic and described in detail at https://automattic.com/privacy-notice/.
The data is stored in the log files of the Automattic Inc. system. According to Automattic (https://automattic.com/privacy-notice/), this data is not stored together with other personal data of the user.
Beyond the user data generally processed by Automattic, we do not specifically collect any user data, as would be possible, for example, through forms, user analysis tools such as Google Analytics, sharing tools for social media or other plug-ins.
4.2 Legal basis for data processing
The legal basis for the temporary storage of data and log files is Article 6(1)(f) GDPR. Storage is necessary to protect the legitimate interests of the University of Kassel.
4.3 Purpose of data processing
Our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f GDPR arises from the purpose of data processing. The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
Data is stored in log files to ensure the functionality of the website. We also use the data to optimise the website and to ensure the security of our information technology systems. This is the only way we can detect misuse at an early stage and protect the data we process from unauthorised access by third parties in the best possible way. The data is not analysed for marketing purposes.
The processing of the above-mentioned user data with Auttomatic’s web analysis software is carried out for the purpose of improving the quality of our website and its content in order to make visiting our website attractive and to enable the use of certain functions. This requires the analysis of our users‘ surfing behaviour in its entirety. By analysing the data obtained, we are able to compile information about the use of the individual components of our website. This enables us to continuously improve our website and its user-friendliness. These purposes also constitute our legitimate interest in processing the data in accordance with Art. 6 para. 1 lit. f GDPR.
4.4 Duration of storage
The data is deleted as soon as it is no longer required to fulfil the purpose for which it was collected. For more details, see https://automattic.com/privacy-notice/.
4.5 Possibility of objection and removal
The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, the user has no option to object.
5 Use of cookies
Our website only uses cookies that are used by the service provider Automattic Inc. These are described here: https://automattic.com/de/cookies/.
5.1 Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f GDPR. Storage is necessary to safeguard the legitimate interests of the University of Kassel. These arise from the purpose of the data processing:
5.2 Purpose of data processing
The purpose of using cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. We require cookies to enable Auttomatic to track user behaviour and the user data collected by technically necessary cookies is not used to create user profiles.
5.3 Duration of storage, objection and removal options
Cookies can be stored on the user’s computer by Automattic. As a user, you therefore have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. You can find out how, for example, at AllAboutCookies.org.
6 Rights of the data subject
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller (i.e. in this case, vis-à-vis Automattic Inc.):
6.1 Right to information
You can request confirmation from the controller as to whether personal data concerning you is being processed by us.
If such processing has taken place, you can request the following information from the controller:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data that are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information on the origin of the data if the personal data are not collected from the data subject;
(8) the existence of automated decision-making including profiling in accordance with Art. 22 (1) and (4) GDPR and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
This right of access may be restricted to the extent that it is likely to render impossible or seriously impair the realisation of the research or statistical purposes and the restriction is necessary for the fulfilment of the research or statistical purposes.
6.2 Right to rectification
You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you is incorrect or incomplete. The controller must make the rectification without undue delay. Your right to rectification may be restricted to the extent that it is likely to render impossible or seriously impair the realisation of the research or statistical purposes and the restriction is necessary for the fulfilment of the research or statistical purposes.
6.3 Right to restriction of processing
Under the following conditions, you may request the restriction of the processing of your personal data:
(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
(3) the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims, or
(4) if you have objected to the processing pursuant to Art. 21 (1) GDPR and it has not yet been established whether the legitimate reasons of the controller override your reasons.
If the processing of personal data concerning you has been restricted, this data – apart from its storage – may only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
Your right to restriction of processing may be limited to the extent that it is likely to render impossible or seriously impair the realisation of the research or statistical purposes and the restriction is necessary for the fulfilment of the research or statistical purposes.
6.4 Right of objection
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR.
The controller will no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Notwithstanding Directive 2002/58/EC, you have the option of exercising your right to object in connection with the use of information society services by means of automated procedures using technical specifications.
You also have the right to object, on grounds relating to your particular situation, to processing of personal data concerning you which is carried out for scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) GDPR.
Your right to object may be restricted to the extent that it is likely to render impossible or seriously impair the realisation of the research or statistical purposes and the restriction is necessary for the fulfilment of the research or statistical purposes.
6.5 Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
6.6 Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.
7 Changes to the privacy policy
As changes to the law or changes to our internal processes may make it necessary to adapt this data protection declaration, we ask you to read this data protection declaration regularly.
Stand: September 2023
Urbane Xtopien 