Data protection

You are visiting our website, you are interested in our study and further education programmes, you want to apply to us as a student, lecturer or staff member, you want to register for the competitions we offer, you have questions about our events or our organisation, or you have any other concerns about which you would like to contact us. To this end, we would like to inform you of the following.

The decision on the purposes and means of processing your personal data is the responsibility of the Berlin University of the Arts. The Berlin University of the Arts is the controller of your personal data.

You can contact us, Berlin University of the Arts, as follows:

Postal address: University of the Arts, Einsteinufer 43, 10587 Berlin
by e-mail: praesident_ @udk-berlin.de

by phone: +49 (0)30 3185-0

by fax: +49 (0)30 3185-2870 (university administration)

In all data protection matters, you can contact our data protection officer directly, this is "Datenschutzbeauftragter", c/o Universität der Künste, Einsteinufer 43, 10587 Berlin, or by mail: ds@udk-berlin.de.

Visiting our websites is generally possible without providing personal data. Only if you make use of special functions offered on our websites may the processing of personal data become necessary. We inform you about this below under point 4.

a)

When you visit our websites, we do not collect any data that allows us to draw conclusions about an identified or identifiable person. Only the operating system, browser type, date and time of a website access, the IP address of the computer accessing our websites shortened by the last two digits, the duration of your website visit, the pages visited, the number of transmitted data, the search term used when accessing via a search engine and similar information (log files) are recorded. This information is required to make our website content displayable for visitors to our websites and to optimise the functioning of our websites. Since your IP address is recorded anonymously, it is not possible to draw any conclusions about your identity or the identity of the user visiting our websites. It is not possible to assign the log files to a specific IP address.

b)

Matomo, an international open source platform for digital web analytics, is integrated into some of our websites. Matomo uses so-called "cookies". These are text files that are stored on your computer and enable us to analyse the use of the website. For this purpose, the usage information generated by the cookie (including your shortened IP address) is transmitted to servers and stored for usage analysis purposes. We use this data to optimise our website. Your IP address is anonymised during this process so that you as a user remain anonymous to us. The information generated by the cookie is not passed on to third parties.
If you do not agree to the storage and evaluation of this data from your visit, you can object to its storage and use. In this case, a so-called opt-out cookie will be stored in your browser, which means that Matomo will no longer record your visit to the websites and will not collect any session data. Please note that this opt-out cookie will be deleted if you delete your browser cookies at a later date. In this case, you will need to reinstall the opt-out cookie.

c)

Links to the social media platforms Facebook, Twitter and Google Plus have been integrated into some of our websites. However, these links or buttons do not automatically transmit data to the respective operators of these platforms. Rather, we have integrated the so-called "double-click" model into the websites concerned. After clicking on the button of the social media platform you have selected, you must expressly agree to the use of this platform with a second click. Only after the second click does an exchange of data take place between our website and the operator of the social media platform. The decision as to whether any data in connection with your visit to our website is transmitted to the operator of the social media platform is yours alone. In this case, the Berlin University of the Arts is also no longer the responsible party for processing this data. If you do not wish data to be transmitted to the operator of the social media platform, you must not activate the respective button by means of the second click.

d)

We use the web conferencing tool BigBlueButton (BBB) to conduct teaching, scholarship and self-administration. This tool is used for online teaching events, examinations and official meetings (hereinafter "online events"). Only the personal data of the participants (technically) required for the implementation of online events are processed (first name and surname, optionally title, optionally pseudonym; time stamp; video and audio data; if applicable, screen contents and/or uploaded presentation files (PDF); IP address; device/hardware information; identification data). The camera, sound and screen content are controlled by the participants themselves.
The video and audio data recorded via the camera and microphone of the respective terminal device are transmitted together with your IP address and device/hardware information to servers in the secure machine room of the data centre. Optionally, when using a presentation, the transmission of the screen content can be released or a PowerPoint presentation (as a PDF file) can be uploaded.
In order to guarantee the security of personal data during transmission, the Berlin University of the Arts uses state-of-the-art encryption procedures (SSL and TLS). The video and audio data are forwarded to the participants' end devices in SSL-encrypted form for the duration of the participation in the video conference or oral examination or the provision of the academic performance.
The data provided above will be processed as long as necessary for the purpose of the online session. Uploaded presentations and other documents transmitted for the purpose of conducting the examination will be deleted within 7 days after the end of the online session. The IP address and hardware information of the end devices are usually stored in the server's access and error log for a period of seven days for possible error analyses.
The data required for the online event will be processed in the local systems of the University of the Arts. Access to this data is granted to participants and, if necessary, to employees of the University Computer Centre (support) entrusted with the technical maintenance of the systems to the extent required in each case. Further recipients exist in the event that we are legally obliged to pass on the data.

e)

We also use various other service providers as subcontractors such as Cisco Webex, Alfaview, Doozzoo or Appasimo for the implementation of teaching and self-administration. We have concluded order processing contracts for this.

Our websites present the activities of our university in a comprehensive way and offer numerous possibilities to get in touch with us, to apply for a degree programme or for further education measures, to organise and manage your studies, to book our concerts, to register for competitions and much more. Furthermore, in many cases, all the services offered by the Berlin University of the Arts can also be accessed by visiting us in person at the offices and advice centres provided for this purpose, or by letter or fax.
In the event that you make use of these options, we set out below the various purposes for which we process personal data.
a)
According to Art. 6 para. 1 p. 2 lit. e) DS-GVO, the processing of personal data is lawful if it is necessary for the performance of a task which is in the public interest.
The tasks of the Berlin University of the Arts that are in the public interest are standardised in the Berlin Higher Education Act.
Pursuant to § 4 para. 1 BerlHG, this consists in the
"the cultivation and development of science and art through research, teaching and study and the preparation for professional activities".
§ Section 4 (3) BerlHG explicitly expands this scope of duties for the Berlin University of the Arts through
"artistic development projects and public presentation as well as through teaching and research in the border area of art and science."
And finally, § 4 para. 3 BerlHG still provides for the
"the promotion of young scientists and the promotion of young artistic and scientific talents".
as a special task incumbent upon the Berlin University of the Arts in its capacity as a scientific and at the same time artistic institution of higher education.
Section 4 (4) BerlHG further stipulates:
"The institutions of higher education shall serve continuing education studies and participate in continuing education events. They promote the continuing education of their staff and general adult education."
§ 4 para. 6 BerlHG regulates:
"The higher education institutions shall use their public relations work to encourage, in particular, population groups underrepresented at the respective higher education institution to take up studies".
The cooperation of Berlin's higher education institutions within the framework of their mission with other higher education institutions as well as other research, cultural and educational institutions in Germany and abroad is also explicitly mentioned as a public task in § 4 para. 5 BerlHG.
The tasks of the student body are standardised in § 18 and § 18 a of the BerlHG. These include, above all, representing the interests of students in the university and society and promoting the realisation of the goals and tasks of the university according to § 4 BerlHG. In this sense, the student body exercises a political mandate on behalf of its members. The student body has the following tasks in particular:
- to assist in the social and economic self-help of students,
- to enable the formation of opinions in the group of students,
- to participate in the fulfilment of the tasks of the higher education institutions, in particular by issuing statements on higher education or science policy issues,
- to promote, on the basis of the constitutional order, political education, a sense of civic responsibility and the willingness of its members to be actively tolerant and to stand up for fundamental and human rights,
- to safeguard the cultural, professional, economic and social interests of its members,
- promote the integration of foreign students,
- to promote student sport,
- to cultivate supra-regional and international student relations,
- to promote the achievement of the objectives of the degree programme (§ 21 BerlHG),
- agreeing on low-cost use of local public transport for students at the universities

Since Art. 6 (1) p. 1 lit. e) DS-GVO declares the processing of personal data necessary for the performance of a task carried out in the public interest to be lawful, we, the Berlin University of the Arts, consider any processing of a personal data necessary for the performance of the tasks assigned to the Berlin University of the Arts by the legislator to be justified. This understanding corresponds with § 3 of the Berlin Data Protection Act, which states:
"The processing of personal data is authorised if it is necessary for the performance of the task covered by the competence of the controller or in the exercise of official authority vested in the controller."
In addition, for the area of internal university administration, we refer to Art. 6 Para. 1 lit. b DS-GVO and Section 84 of the Berlin State Civil Service Act as the authorisation basis for the processing of employees' personal data.
Thus, we consider the processing of personal data to be justified for the following exemplary, non-exhaustive list of activities and purposes:
- Application for higher education studies including an artistic aptitude test, implementation of the studies and the taking of examinations
- Organisation and evaluation of research and studies
- Determination of the eligibility and performance of members of the university
- Use of university facilities, including digital facilities (e.g. BigBlueButton etc.)
- Participation in our events as a guest student
- Writing scientific papers, conducting doctoral or habilitation procedures
- Participation in our continuing education and training programmes within the framework of continuing vocational education and training, continuing adult education and other continuing education measures that do not take place within the framework of a degree course
- Application and participation in artistic competitions in the field of music, performing arts, visual arts and design, including the related and usual promotional activities (also using photo/film material) before, during and after the staging of the event
- Holding of exhibitions, concerts, scenic performances and presentations, sound and image recordings, the latter also as moving images, including the associated and usual promotional activities (also using photo/film material) before, during and after the holding of the event
- Publication and dispatch of print products and newsletters, publication of websites
- Participation in our gifted support programmes for pupils and students
- Exchange of personal data in the context of scientific or artistic cooperation with other universities or higher education institutions
- Sending promotional materials to third parties for the purpose of public relations and soliciting third-party funds and donations
- Carrying out tasks of academic self-administration
- Use of steering instruments (target agreements, performance evaluations, resource allocation systems)
- Evaluation of the implementation of the gender equality mandate
- Tasks of the constituted student body
- Tasks under the Higher Education Statistics Act
Since research and art are subject to constant development in their concrete implementation and presentation, the above list can only be exemplary.
The Berlin University of the Arts is aware of the fact that children also use the services of the Berlin University of the Arts. In these cases, the Berlin University of the Arts will take their interests into special consideration and restrict the processing of personal data if necessary.
Art. 6 para. 1 sentence 1 lit. e) DS-GVO only justifies the processing of personal data for the fulfilment of a task in the public interest. Any existing property rights such as copyrights, ancillary copyrights, design rights, patents or the right to one's own image remain unaffected by Art. 6 para. 1 lit e) DS-GVO.
In accordance with § 6 para. 1 sentence 1 no. 1 BerlHG in conjunction with the Student Data Ordinance of the State of Berlin (StudDatVO) of 9 November 2005 and § 3 BerlDSG, applicants for a place on a degree programme and members of the university are obliged to provide the personal data required to fulfil the above-mentioned tasks of the Berlin University of the Arts in the public interest and to tolerate their processing. In accordance with Art. 13 Para. 2 lit. e) DS-GVO, we would like to point out that the Berlin University of the Arts may otherwise refuse admission to a course of study or further education, its implementation and the taking of examinations.
b)
As an academic university conducting research pursuant to Section 4 of the BerlHG, we consider it justified under Section 17 of the BerlDSG to process personal data, including special categories of personal data within the meaning of Article 9(1) of the GDPR, for scientific or historical research purposes in the public interest, even without the consent of the data subject, if the public interest in carrying out the project substantially outweighs the legitimate interests of the data subject and the purpose cannot be achieved by other means. The type of processing, publication of the data and other restrictions are regulated in Section 17 BerlDSG.
c)
Insofar as the Berlin University of the Arts fulfils the tasks incumbent upon it in the public interest by concluding contracts under private law, as is the case, for example, in the area of further education for adults, the sale of tickets for events or the implementation of competitions, the processing of the personal data required for this purpose is justified by Art. 6 (1) sentence 1 lit b) DS-GVO, insofar as this is necessary for the performance of the contract to which the data subject is a party or for the implementation of pre-contractual measures that take place at the request of the data subject.
The provision of personal data is necessary for the conclusion and execution of the contract. Failure to provide the data required for the conclusion and performance of the contract entitles the Berlin University of the Arts to refuse to conclude and perform the contract.
d)
Insofar as the Berlin University of the Arts participates in private-sector competition with certain activities, the Berlin University of the Arts is considered a non-public body in accordance with § 2 para. 6 BlnDSG. The following activities are not carried out in fulfilment of those public tasks that are standardised in § 4 BerlHG:
- Renting the concert halls to third parties
- Renting of canteen facilities
- Operation of the photovoltaic system
- Operation of the meeting place Gutshof Sauen
The processing of personal data in connection with these activities is justified by Art. 6 (1) sentence 1 lit b) DS-GVO insofar as it is necessary for the performance of the contract to which the data subject is a party or for the implementation of pre-contractual measures which are carried out at the request of the data subject. We consider promotional measures in connection with the operation of these facilities to be the exercise of a legitimate interest pursuant to Art. 6 (1) sentence 1 lit. f) DS-GVO.
The provision of personal data is necessary for the conclusion and execution of the contract. Failure to provide the data required for the conclusion and performance of the contract entitles the Berlin University of the Arts to refuse to conclude and perform the contract.
e)
Pursuant to Section 17 of the BerlDSG, we consider it justified to process personal data, including special categories of personal data within the meaning of Article 9(1) of the GDPR, for statistical purposes even without the consent of the data subject, if the public interest in the implementation of the project significantly outweighs the legitimate interests of the data subject and the purpose cannot be achieved in any other way. The type of processing, publication of the data and other restrictions are regulated in Section 17 BerlDSG.
f)
At various points on the website, we offer the option of subscribing to a free newsletter as electronic mail as well as a print product - Journal of the UdK Berlin - by normal post. The processing of personal data that we collect based on your order of these products for the purpose of sending the newsletter and the journal is based on your consent, Art. 6 para. 1 sentence 1 lit. a) DS-GVO.

The Berlin University of the Arts does not process personal data in order to evaluate certain personal aspects relating to a natural person. A fortiori, such processes are not made the basis of legal decisions.

We do not pass on your personal data to third parties unless this is necessary to fulfil a contract, to carry out pre-contractual measures, to protect our legitimate interest or on the basis of statutory provisions.

Your personal data is stored from the time it is collected. They remain stored for the purpose of establishing, implementing and terminating agreements you have concluded with us and to comply with our statutory archiving and retention obligations for as long as is necessary to fulfil these purposes.

You have the right to obtain information from us, the University of the Arts, about the following at any time in accordance with Art. 15 DS-GVO:
1.
You can ask for confirmation as to whether personal data concerning you are being processed; if this is the case, you have the right to access this personal data and to receive the following information:
(a) the purposes of the processing;
(b) the categories of personal data processed;
(c) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations;
(d) if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining that duration;
(e) the existence of a right to obtain the rectification or erasure of personal data concerning you, or the restriction of processing by the controller, or a right to object to such processing;
f) the existence of a right of appeal to a supervisory authority;
g) if the personal data are not collected from you, any available information on the origin of the data;
(h) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
2.
Where personal data are transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards referred to in Article 46 in relation to the transfer.

You have the right to revoke consent to the processing of your personal data at any time if the processing of your personal data is based on consent (e.g. pursuant to Art. 6 (1) a) or Art. 9 DS-GVO), without, however, affecting the lawfulness of the processing carried out up to that point.

You have the right to object to the processing of your data pursuant to Art. 6 para. 1 lit f) or e) DS-GVO at any time for reasons arising from your particular situation. In this case, too, the lawfulness of the processing carried out up to that point remains unaffected. You must explain the reasons arising from your particular situation. We will then no longer process the data unless we can demonstrate legitimate grounds for the processing that override your interests, rights and freedoms, or the processing is for the assertion, exercise or defence of legal claims.

You have the right to object to the processing of your data pursuant to Art. 6 para. 1 lit e) DS-GVO for reasons arising from your particular situation at any time. In this case, too, the lawfulness of the processing carried out up to that point remains unaffected. You must explain the reasons arising from your particular situation. We will then no longer process the data unless we can demonstrate legitimate grounds for the processing that override your interests, rights and freedoms, or the processing is for the assertion, exercise or defence of legal claims.

If we process personal data for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing.

If you are of the opinion that the processing of your personal data violates legal provisions, you have the right to complain to the competent supervisory authority (Berlin Commissioner for Data Protection and Information Security, Friedrichstraße 219, 10969 Berlin) at any time.