Privacy Policy | KommunalServiceJena

We appreciate your interest in our company and our services, and we want you to feel informed and secure regarding the protection of your personal data when visiting our website.

This is the privacy policy for the use of this portal and all subdomains associated with these domains. The user agrees to the privacy provisions set forth herein.

All terms used below that refer specifically to one gender are to be understood as applying explicitly to all genders.

The processing of personal data in connection with the use of the aforementioned websites—such as a person’s name, address, email address, or phone number of a data subject, always takes place in accordance with the EU General Data Protection Regulation (GDPR) and in compliance with the state-specific data protection regulations applicable to the City of Jena, in particular the Thuringian Data Protection Act. This Privacy Policy informs the public about the nature, scope, and purpose of the personal data collected, used, and processed by the City of Jena in connection with the use of the aforementioned websites. Furthermore, this Privacy Policy informs data subjects of their rights.

Personal data is stored on specially secured servers in Germany. Access to this data is restricted to a small number of specially authorized individuals who are responsible for the technical, administrative, or editorial management of the servers. The data is conscientiously protected against loss, destruction, falsification, manipulation, and unauthorized access or disclosure.

1. Definitions

This Privacy Policy is based on the terminology used by the European legislative and regulatory bodies when enacting the GDPR. This Privacy Policy is intended to be easy to read and understand. To ensure this, the terms used are explained in advance.
Among others, the following terms are used in this Privacy Policy:

a) Personal Data

Personal data refers to any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”). A natural person is considered identifiable if they can be identified, directly or indirectly—in particular by association with an identifier such as a name, an identification number, location data, an online identifier, or one or more specific characteristics that reflect the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

b) Data Subject

A data subject is any identified or identifiable natural person whose personal data is processed by the controller.

c) Processing

Processing means any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, distribution, or any other form of disclosure, the alignment or combination, the restriction, erasure, or destruction.

d) Restriction of processing

Restriction of processing means the marking of stored personal data with the aim of limiting its future processing.

e) Profiling

Profiling is any form of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements of that natural person.

f) Pseudonymization

Pseudonymization is the processing of personal data in such a way 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 organizational measures that ensure the personal data is not attributed to an identified or identifiable natural person.

g) Data Controller

The controller is the natural or legal person, public authority, agency, or other body that, alone or jointly with others, determines the purposes and means of the processing of personal data. If the purposes and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria for its designation may be provided for under Union law or the law of the Member States.

h) Processor

A processor is a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.

i) Recipient

A recipient is a natural or legal person, public authority, agency, or other body to whom personal data is disclosed, regardless of whether or not that entity is a third party. However, public authorities that may receive personal data in the course of a specific investigative mandate under Union law or the law of the Member States are not considered recipients.

j) Third Party

A third party is a natural or legal person, public authority, agency, or other body other than the data subject, the controller, the processor, and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.

k) Consent

Consent means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes, expressed by a statement or by a clear affirmative action, by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.

2. Name and Address of the Data Controller and the Data Protection Officer

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions relating to data protection is:

Kommunalservice Jena—a municipal enterprise of the City of Jena—
represented by: Plant Manager Uwe Feige
Address: Löbstedter Straße 56, 07749 Jena
Phone: 03641 49890
Email: ksj@jena.de

Data Protection Officer for the data controller:
Melanie Pesch,
Address: Am Anger 15, 07743 Jena, or
P.O. Box 10 03 38, 07703 Jena,
Phone: 03641 492113, Fax: 03641 492114,
Email: datenschutz@jena.de

3. Collection of General Data and Information

The City of Jena’s website collects a range of general data and information each time a data subject or an automated system accesses the website. This general data and information is stored in the server’s log files. The following may be collected:
(1) browser types and versions used,
(2) the operating system used by the accessing system,
(3) the website from which an accessing system reaches the City’s website (known as a referrer),
(4) the subpages of the city’s website accessed via an accessing system,
(5) the date and time of access to the website,
(6) an Internet Protocol (IP) address,
(7) the Internet service provider of the accessing system, and
(8) other similar data and information used for security purposes in the event of attacks on the city’s information technology systems.

When using this general data and information, the City of Jena does not draw any conclusions about the data subject. The data stored in the log files is not stored together with other personal data of the user.
The legal basis for the temporary storage of the data and log files is Article 6(1)(e) of the GDPR.
This information is required to
(1) correctly deliver the content of the city’s website,
(2) optimize the content of the city’s website as well as advertising for it,
(3) ensure the continued functionality of the city’s information technology systems and the website’s technology, and
(4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyberattack.
The City of Jena therefore evaluates this anonymously collected data and information for statistical purposes and to enhance data protection and data security within the City of Jena, with the ultimate goal of ensuring an optimal level of protection for the personal data processed by the City of Jena. The data is not evaluated for marketing purposes in this context.
The data is deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. In the case of data collected for the operation of the website, this occurs when the respective session ends. Further storage is possible. In this case, users’ IP addresses are deleted or anonymized so that the accessing client can no longer be identified.
The collection of data for the purpose of providing the website and the storage of this data in log files is absolutely necessary for the operation of the website. Consequently, users have no right to object.

4. Cookies

The City of Jena’s website uses cookies. Cookies are text files that are placed and stored on a computer system via a web browser.
Numerous websites and servers use cookies. Many cookies contain what is known as a cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters that allows websites and servers to associate the cookie with the specific web browser in which it was stored. This enables the visited websites and servers to distinguish the data subject’s individual browser from other web browsers that contain different cookies. A specific web browser can be recognized and identified via the unique cookie ID.
By using cookies, the City of Jena can provide users of this website with more user-friendly services that would not be possible without setting cookies.
Cookies allow the information and offerings on the website to be optimized to meet the user’s needs. For example, a user of a website that uses cookies does not have to re-enter their login credentials every time they visit the site, as this information is retrieved by the website and the cookie stored on the user’s computer system.
The data subject can prevent the City of Jena’s website from setting cookies at any time by adjusting the settings in their web browser, thereby permanently objecting to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via a web browser or other software programs. This is possible in all common web browsers. If the data subject disables cookies in the web browser they are using, not all features of the website may be fully accessible under certain circumstances.
The legal basis for the processing of personal data using cookies is Article 6(1)(f) of the GDPR.

5. Registration on the Website

The data subject has the option to register on the data controller’s website by providing personal data. The specific personal data transmitted to the data controller in this process is determined by the respective input form used for registration. The personal data entered by the data subject is collected and stored exclusively for internal use by the data controller and for its own purposes. The data controller may arrange for the transfer of such data to one or more processors, such as a parcel delivery service, which will also use the personal data exclusively for internal purposes attributable to the data controller.
When registering on the data controller’s website, the IP address assigned by the data subject’s Internet service provider (ISP), as well as the date and time of registration, are also stored. This data is stored because it is the only way to prevent misuse of the services offered, and this data enables the investigation of criminal offenses if necessary. This data is generally not disclosed to third parties, unless there is a legal obligation to do so or the disclosure serves the purposes of criminal prosecution.
The data subject’s registration, which includes the provision of personal data, enables the data controller to offer the data subject content or services that, by their very nature, can only be made available to registered users. Registered users are free to modify the personal data provided during registration at any time or to have it completely deleted from the data controller’s database.
Upon request, the data controller will provide any data subject with information at any time regarding which personal data concerning the data subject is stored. Furthermore, the data controller will correct or delete personal data at the request or upon notification by the data subject, provided that no statutory retention obligations preclude this. All employees of the data controller are available to the data subject as points of contact in this regard.

6. Contact Options via the Website

In accordance with legal requirements, the City of Jena’s website contains information that enables quick electronic contact and direct communication, including a general electronic mail (email) address. If a data subject contacts the data controller via email or a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data, transmitted voluntarily by a data subject to the data controller, is stored for the purpose of processing the request or contacting the data subject. This personal data is not disclosed to third parties.

7. Routine Deletion and Blocking of Personal Data

The data controller processes and stores the data subject’s personal data only for the period necessary to fulfill the purpose of storage or to the extent provided for by the European legislator or another competent authority in laws or regulations to which the data controller is subject.
If the purpose of storage no longer applies or if a retention period prescribed by the European legislative and regulatory authorities or another competent legislative authority expires, the personal data will be routinely blocked or deleted in accordance with legal requirements.

8. Rights of the Data Subject

a) Right to Confirmation

Every data subject has the right, granted by the European legislative authorities, to request confirmation from the data controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they may contact the City of Jena at any time.

b) Right of Access

Every data subject affected by the processing of personal data has the right, granted by European legislation, to receive at any time, free of charge, from the data controller, information regarding the personal data stored about them and a copy of such information. Furthermore, European legislation has granted the data subject the right to receive the following information:

the purposes of the processing,
the categories of personal data being processed,
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations,
if possible, the planned duration for which the personal data will be stored, or, if this is not possible, the criteria used to determine that duration,
the existence of a right to have personal data concerning them rectified or erased, or to have processing restricted by the controller, or a right to object to such processing,
the existence of a right to lodge a complaint with a supervisory authority,
if the personal data are not collected from the data subject: any available information regarding the origin of the data,
the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and—at least in such cases—meaningful information regarding the logic involved, as well as the scope and intended consequences of such processing for the data subject.
Furthermore, the data subject has the right to obtain information on whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, they may contact the City of Jena at any time.

c) Right to Rectification

Every data subject affected by the processing of personal data has the right, granted by European directives and regulations, to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data—including by means of a supplementary statement.
If a data subject wishes to exercise this right to rectification, they may contact the City of Jena at any time.

d) Right to Erasure (Right to Be Forgotten)

Every data subject affected by the processing of personal data has the right, as granted by European directives and regulations, to request that the controller erase personal data concerning them without delay, provided that one of the following grounds applies and insofar as the processing is not necessary:

The personal data was collected or otherwise processed for purposes for which it is no longer necessary.
The data subject withdraws their consent on which the processing was based pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data has been processed unlawfully.
The erasure of the personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject.
The personal data was collected in connection with information society services offered pursuant to Article 8(1) of the GDPR.
If any of the above grounds apply and a data subject wishes to request the erasure of personal data stored by the City of Jena, they may contact the City at any time.
If the personal data has been made public by the City of Jena and the City, as the controller, is obligated to erase the personal data pursuant to Article 17(1) of the GDPR, the City shall, taking into account available technology and the costs of implementation, take appropriate measures, including technical measures, to inform other data controllers processing the published personal data that the data subject has requested that these other data controllers delete all links to such personal data or copies or replicas of such personal data, provided that the processing is not necessary. The necessary steps will be taken on a case-by-case basis.

e) Right to Restriction of Processing

Every data subject affected by the processing of personal data has the right, granted by European directives and regulations, to request that the controller restrict processing if one of the following conditions is met:

The data subject contests the accuracy of the personal data, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful, the data subject objects to the erasure of the personal data, and instead requests the restriction of the use of the personal data.
The controller no longer needs the personal data for the purposes of processing, but the data subject needs it to establish, exercise, or defend legal claims.
The data subject has objected to the processing pursuant to Art. 21(1) of the GDPR, and it has not yet been determined whether the controller’s legitimate grounds override those of the data subject.
If any of the above conditions are met and a data subject wishes to request the restriction of personal data stored by the City of Jena, they may contact the City at any time. The restriction of processing will be arranged.

f) Right to Data Portability

Every data subject affected by the processing of personal data has the right, granted by European legislation, to receive the personal data concerning them—which the data subject has provided to a data controller—in a structured, commonly used, and machine-readable format. The data subject also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Art. 6(1)(a) of the GDPR or Art. 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, when exercising their right to data portability pursuant to Art. 20(1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, provided this is technically feasible and does not adversely affect the rights and freedoms of others.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
To exercise the right to data portability, the data subject may contact the City of Jena at any time.

g) Right to Object

Any data subject affected by the processing of personal data has the right, granted by European directives and regulations, to object, for reasons arising from their particular situation, to object at any time to the processing of personal data concerning them that is carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
In the event of an objection, the City of Jena will no longer process the personal data unless it can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing serves to assert, exercise, or defense of legal claims.
If the City of Jena processes personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of personal data for the purpose of such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the City of Jena regarding processing for direct marketing purposes, the City of Jena will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them that is carried out by the City of Jena for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
To exercise the right to object, the data subject may contact the City of Jena directly. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by means of automated procedures that use technical specifications.

h) Automated Individual Decision-Making, Including Profiling

Every data subject affected by the processing of personal data has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing —including profiling—that produces legal effects concerning them or similarly significantly affects them, provided that the decision
(1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or
(2) is authorized by Union or Member State law to which the controller is subject, and that law provides for appropriate measures to safeguard the data subject’s rights and freedoms as well as legitimate interests, or
(3) is based on the data subject’s explicit consent.
If the decision
(1) necessary for the conclusion or performance of a contract between the data subject and the controller, or
(2) is based on the data subject’s explicit consent, the City of Jena shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at a minimum the right to request human intervention by the controller, to express one’s own point of view, and to contest the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may contact the City of Jena at any time.

i) Right to Withdraw Consent Under Data Protection Law

Every data subject affected by the processing of personal data has the right, granted by European directives and regulations, to withdraw consent to the processing of personal data at any time. Withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent prior to withdrawal. If the data subject wishes to exercise their right to withdraw consent, they may contact the City of Jena at any time.

9. Privacy Policy Regarding the Use of Matomo

The data controller has integrated the Matomo component into this website. Matomo is an open-source software tool for web analytics. Web analytics refers to the collection, gathering, and evaluation of data regarding the behavior of website visitors. Among other things, a web analytics tool collects data on which website a data subject came from (known as the “referrer”), which subpages of the website were accessed, and how often and for how long a subpage was viewed.
Web analytics is primarily used to optimize a website and to conduct a cost-benefit analysis of online advertising.
The software is operated on the controller’s server; log files that are sensitive under data protection law are stored exclusively on this server.
The purpose of the Matomo component is to analyze visitor traffic on this website. The data controller uses the data and information collected, among other things, to evaluate the use of this website in order to compile online reports that illustrate activity on the city’s websites. This helps to continuously improve the website and its user-friendliness. These purposes also constitute the legitimate interest in processing the data pursuant to Article 6(1)(f) of the GDPR. By anonymizing the IP address, the users’ interest in the protection of their personal data is sufficiently taken into account.
Matomo places a cookie on the data subject’s information technology system. What cookies are has already been explained above. Placing the cookie enables the City of Jena to analyze the use of the city’s website. Each time a user visits one of the individual pages of this website, the Matomo component automatically prompts the web browser on the data subject’s information technology system to transmit data to our server for the purpose of online analysis. As part of this technical process, we obtain personal data, such as the data subject’s IP address, which we use, among other things, to track the origin of visitors and clicks.
Cookies are used to store personal information, such as the time of access, the location from which access originated, and the frequency of visits to our website. Each time our website is visited, this personal data—including the IP address of the internet connection used by the data subject—is transmitted to our server. We store this personal data. This personal data is not disclosed to third parties.
The software is configured so that IP addresses are not stored in full; instead, 2 bytes of the IP address are masked (e.g., 192.168.xxx.xxx). This prevents the truncated IP address from being linked to the user’s computer.
As described above, the data subject can prevent the municipal website from setting cookies at any time by adjusting the settings of the web browser being used, thereby permanently objecting to the setting of cookies. Adjusting the settings of the web browser in this way would also prevent Matomo from setting a cookie on the data subject’s computer system. In addition, a cookie already set by Matomo can be deleted at any time via a web browser or other software programs.
Furthermore, the data subject has the option to object to and prevent the collection of data generated by Matomo relating to the use of this website. To do so, the data subject must set an opt-out cookie. If the data subject’s computer system is subsequently deleted, formatted, or reinstalled, the data subject must set an opt-out cookie again.
However, setting the opt-out cookie may result in the data subject no longer being able to fully use the data controller’s websites.
When visiting the ksj.jena.de website, a “cookie prompt” appears. Matomo can be disabled here. Matomo can also be disabled later via the ksj.jena.de homepage at the bottom under “Adjust Privacy Settings.”
Further information and Matomo’s applicable privacy policy can be found at https://matomo.org/privacy/.

10. Legal Basis for Processing

To the extent that consent is obtained from the data subject for the processing of personal data, Article 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data necessary to fulfill a contract to which the data subject is a party, Article 6(1)(b) of the GDPR serves as the legal basis. This also applies to processing operations necessary for the implementation of pre-contractual measures.
To the extent that the processing of personal data is necessary to comply with a legal obligation to which the City of Jena is subject, Article 6(1)(c) of the GDPR serves as the legal basis.
In cases where the vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) of the GDPR serves as the legal basis.
If the processing of personal data is necessary to perform a task carried out in the public interest by the City of Jena or if the processing is carried out in the exercise of official authority, Article 6(1)(e) of the GDPR serves as the legal basis for the processing.
If the processing is necessary to safeguard a legitimate interest of the City of Jena or a third party, and the interests, fundamental rights, and fundamental freedoms of the data subject do not override the former interest, Article 6(1)(f) of the GDPR serves as the legal basis for the processing.

11. Legal or contractual requirements for the provision of personal data; necessity for the conclusion of a contract; obligation of the data subject to provide personal data; possible consequences of failure to provide such data

The provision of personal data is in some cases required by law (e.g., tax regulations) or may also arise from contractual provisions (e.g., information about the contracting party). In some cases, the conclusion of a contract may require that a data subject provide personal data, which must subsequently be processed by the City. For example, the data subject is obligated to provide personal data when the City enters into a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact the City. The data subject will then be informed, on a case-by-case basis, whether the provision of personal data is required by law or contract, or is necessary for the conclusion of the contract; whether there is an obligation to provide the personal data; and what the consequences of failing to provide the personal data would be.

12. Use of Automated Decision-Making

The City of Jena does not engage in automated decision-making or profiling.

13. Use of Google Inc. Services

The following Google Inc. services are used on this website:

Integration of YouTube Videos
When embedding YouTube videos, we use the enhanced data protection mode offered by Google, which ensures that no cookies are stored before an embedded YouTube video is played.
Further information and the applicable privacy policy of Google Inc. can be found at https://policies.google.com/privacy.

14. Social Networks

The City of Jena takes the current discussion regarding data protection on social networks very seriously. It is not yet legally clear whether and to what extent all social networks offer their services in compliance with European data protection regulations.
It is therefore expressly noted that the services used by the City of Jena—Twitter, Facebook, Xing, Google+, and YouTube—store their users’ data (e.g., personal information, IP address) in accordance with their data usage policies and use it for business purposes. The City of Jena has no influence over the collection of data or its subsequent use by these social networks. Consequently, there is no information available regarding the extent to which, the location where, and the duration for which the data is stored; the extent to which the networks comply with existing obligations to delete data; what analyses and linkages are made with the data; or to whom the data is disclosed.

15. Right to File 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 residence, your workplace, or the location of the alleged infringement, if you believe that the processing of your personal data violates the GDPR.
The supervisory authority to which the complaint was submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under Article 78 of the GDPR.

16. Links

Our website contains links to other websites. We have no control over whether their operators comply with data protection regulations. This Privacy Policy applies exclusively to data collected on this website. Please also note the disclaimer in our legal notice.

17. Updates to the Privacy Policy

The rapid development of the Internet makes it necessary to update this Privacy Policy from time to time. You will be informed of any changes here; therefore, we recommend that you visit this website regularly to stay up to date on how your data is protected and processed.