Data Protection Declaration 90m DEM

Download as pdf or txt
Download as pdf or txt
You are on page 1of 10

Information

for the automated processing of personal data as part of the provision of


Digital Elevation Model data / Terrain Model data from the TanDEM-X mission

As part of the TerraSAR-X/TanDEM-X project a digital elevation model (DEM) of the entire earth
surface, based on data from the TanDEM-X mission, is made available for everyone for
downloading. The DEM has reduced information content and is hereinafter referred to as
"TanDEM-X 90m-DEM". The TanDEM-X 90m-DEM is hosted on a server of the German
Aerospace Center (Deutsches Zentrum für Luft- und Raumfahrt e. V., hereinafter referred to as
"DLR"). Before the data can be downloaded, you must register as a user via an input form
(name, address, etc.) and accept the license and usage conditions.

The conclusion and management of a license agreement with you for the provision of products
of the TanDEM-X 90m DEM requires the processing of certain data about your person, so-called
personal data, upon your consent.

The following information is given to you fulfilling the information obligation of Art. 13 of the
General Data Protection Regulation – GDPR – of the European Union and informs you about the
processing of your personal data which DLR needs for the contractual purposes of the license
contract and for the purpose of its other legitimate interests.

If you do not agree to the processing of your personal data in the following form, DLR cannot
provide you with the TanDEM-X 90m DEM data.

For the purposes of the license agreement we collect, store and process the
following personal data from you:

Personal data to be provided during user registration:


 User name (= e-mail address)
 Password (freely selectable)
 First name
 Surname
 Address with
o Street and house number
o City and postcode
o Nation
 Organization/Company
o Agreement to license terms
o Declaration of consent to the processing of personal data

Furthermore, the following time stamps are stored in the internal database for the
corresponding user profiles. These cannot be changed by the user:
 Time when the profile was created
 Last change of user data
 User password procedure
 Password history
1
 Last time the password was changed
 Last login
 Timestamp of successive authentication errors

Legal basis:
The legal basis for the processing of your personal data, which must be entered during
registration as well of the processing of the time stamp data, is Article 6 (1) b) and f) of the
General Data Protection Regulation (hereinafter also GDPR) of the European Union.

Purpose and duration of storage:

DLR needs the obligatory registration data for the administration of the license agreement
concluded with you, for example in order to be able to legally sanction violations of contract,
such as unauthorized disclosure to third parties, or to be able to manage possible terminations.

Your above-mentioned obligatory personal data will be stored on DLR's servers from the date of
your online registration as a user. DLR requires the mandatory data to be provided during
registration in order to manage the license agreement. If you violate the license agreement, DLR
needs the mandatory registration data for the duration of the contract in order to be able to
enforce its rights against you. The corresponding license agreements run for an unlimited
period. If you or DLR terminate the contract, the corresponding data record with the obligatory
personal data will be deleted. In addition, the system automatically sends you a reminder e-mail
once a year. These reminder e-mails ask you to check the data stored about you and to correct it
if necessary. These reminder e-mails ensure that the data set is up to date and that the
contractual relationship, rights and obligations arising from the license agreement are brought
to mind. If you no longer need the license, such an e-mail can also be a reminder of the
possibility of terminating the license agreement and thus limit the system to the necessary in the
interest of all parties.

DLR needs the time stamp data for purposes of technical reason of the IT system, that is to say
for the steering of the workflows in the system and for purposes of IT security, e.g. enforcement
of the password guide line in respect to the term for password renewal, in respect to control of
usage of old passwords, blocking of the account in case of several false registration attempts,
etc.

This is also the legitimate interest for DLR in the sense of Art. 6 (1) f) GDPR for processing of
time stamp data. When the account is deleted the time stamp data will be deleted as well. This
will be the case when the license agreement is terminated.

Provision of the website and creation of log files:

a) Description and scope of data processing

Every time you visit our website, our system automatically collects data and information from the
computer system of the calling computer.

The following data is collected:

1. information about the browser type and version used

2
2. the computer's operating system

3. the IP address of the computer

4. date and time of access

The data is also stored in the log files of our system. This data is not stored together with other
personal data of the user.

b) Legal basis for data processing

The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GPDR.

c) 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 the IP address of the user must remain stored for the
duration of the session.

The data is stored in log files to ensure the functionality of the website. In addition, the data
serves to optimize the website and to ensure the security of our information technology systems.
An evaluation of the data for marketing purposes does not take place in this context.

The pages providing the TanDEM-X 90m DEM collect a series of general data and information
each time a person or an automated system accesses the Internet pages. This general data and
information is stored in the log files of the servers. We may record (1) the browser types and
versions used, (2) the operating system used by the accessing system, (3) the website from
which an accessing system accesses our website (so-called referrer), (4) the sub-websites which
are accessed via an accessing system on our website, (5) the date and time of access to the
website, (6) an Internet protocol address (IP address), and (7) other similar data and information
which serve to avert danger in the event of attacks on our information technology systems.

When using this general data and information, DLR does not draw any conclusions about the
person concerned. Rather, this information is required to (1) correctly deliver the contents of our
website, (2) ensure the integrity of the contents of our website, (3) ensure the long-term
functionality of our information technology systems and the technology of our website, and (4)
provide law enforcement authorities with the information necessary for criminal prosecution in
the event of a cyberattack. These anonymously collected data and information are therefore
evaluated by DLR both statistically and with the aim of increasing data protection and data
security in our research center in order ultimately to ensure an optimum level of protection for
the personal data processed by us. The anonymous data of the server log files are stored
separately from all personal data provided by a person concerned.

Our legitimate interest in data processing according to Art. 6 para. 1 lit. f GPDR also lies in these
purposes.

d) Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for
which they were collected. In the case of the collection of data for the provision of the website,
this is the case when the respective session has ended.
3
If the data is stored in log files, this is the case after fourteen days at the latest. Further storage is
possible. In this case, the IP addresses of the users are deleted or garbled, so that an assignment
of the calling client is no longer possible.

e) Possibility of objection and elimination

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, there is no possibility of
objection on the part of the user.

Use of cookies:

a) Description and scope of data processing

Our website uses cookies. Cookies are text files which are stored on a computer system via an
Internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID
is a unique identifier of the cookie. It consists of a string of characters through which Internet
pages and servers can be assigned to the specific Internet browser in which the cookie was
stored. This enables the visited Internet pages and servers to distinguish the individual browser
of the person concerned from other Internet browsers that contain other cookies. A particular
Internet browser can be recognized and identified by its unique cookie ID.

So-called session cookies are used for registration and login and further access to the
personalized area of the site. The use of session cookies is required for the secure transmission
of user input from the web form to the DLR server. The session cookies become invalid one hour
after the last user input or after the active logout of the user. The technically necessary session
cookies are only used for the above-mentioned purpose and not, for example, to analyze user
behavior (user tracking).

When accessing our website, the user is informed about the use of cookies for analytical
purposes and his or her consent to the processing of personal data used in this context is
obtained. In this context, a reference is also made to this data protection declaration, as well as
a reference to how the storage of cookies can be prevented in the browser settings.

b) Legal basis for data processing

The legal basis for the processing of personal data using technically necessary cookies is Art. 6
para. 1 lit. f DSGVO.

c) Purpose of data processing

The purpose of using technically necessary cookies is to ensure the secure transfer of user
permissions from the web forms to DLR servers and databases. The user data collected by
technically necessary cookies are not used to create user profiles.

e) Duration of storage, possibility of objection and elimination

The person concerned can prevent the setting of cookies by our website at any time by means
of an appropriate setting of the Internet browser used and thus permanently object to the

4
setting of cookies. Furthermore, cookies that have already been set can be deleted at any time
via an Internet browser or other software programs. This is possible in all common internet
browsers. If the person concerned deactivates the setting of cookies in the Internet browser
used, not all functions of our Internet site are fully usable.

Access to the data by third parties:

To create and manage the necessary IT systems and the servers, DLR contracts with two external
IT service providers, who are granted access to the users' personal data stored in the system as
part of their work for DLR, in particular as part of system administration.

The two IT service providers are the following:

1. Computacenter AG & Co. oHG


Europaring 34-40
50170 Kerpen

2. Werum Software & Systems AG


Wulf-Werum-Straße 3
21337 Lüneburg

DLR has concluded contract data processing agreements with these two companies, which
oblige these companies to comply with the requirements of data protection law and ensure
DLR's right to monitor compliance with these requirements. Your personal data will neither be
transmitted to other third parties nor to third countries.

Controller within the meaning of the GPDR is the Deutsche Zentrum für Luft- und
Raumfahrt e. V. (DLR), Linder Höhe, 51147 Köln.

E-Mail: [email protected]

Contact details of DLR's Data Protection Officer:


Deutsches Zentrum für Luft- und Raumfahrt e. V.,
Uwe Gorschütz,
Dept. IT-LTG,
Linder Höhe, 51147 Köln,
Tel: +49 2203 601 4015;
E-Mail: [email protected]

Your rights under the General Data Protection Regulation (GDPR) of the European
Union:

1. In accordance with Article 15 of the GPDR, you have the right to obtain from the controller
confirmation of whether personal data concerning you is processed by us.
Where such processing takes place, you have the right to obtain the following information from
the controller:
 the purposes for which the personal data is processed;

5
 the categories of personal data that is processed;
 the recipients, or categories of recipients to whom the personal data relating to you has
been or will be disclosed;
 the planned duration of storage of the personal data concerning you, or the criteria
applied to defining the duration of storage if precise information in this regard is not
available;
 the existence of a right to correction or deletion of the personal data concerning you,
the right to restrict processing by the controller or the right to object to this processing;
 the right to lodge a complaint with a supervisory authority;
 all information available concerning the origins of the data if the personal data was not
collected from the data subject;
 the existence of an automated decision-making process, including profiling, according to
Art. 22 paragraphs 1 and 4 of the GDPR and – at least in these cases – meaningful
information on the logic and implications involved, as well as on the intended effects of
this kind of processing on the data subject;
 You also have the right to obtain information on whether the personal data concerning
you has or will be transferred to a third country or to an international organization. In
this regard, you are entitled to request information on the appropriate guarantees in
place with regard to this processing in accordance with Art. 46 of the GDPR.
The controller will provide a copy of the personal data that is subject to processing. Where you
request additional copies, the controller is entitled to charge an appropriate fee based on
administrative costs. If you place the application by electronic means, the information will be
made available in a standard electronic format, except where otherwise specified by you. The
right to receive a copy in accordance with paragraph 3 of this section must not adversely affect
the rights and freedoms of other persons.
2. According to Art. 16 of the GPDR, you have the right to request the correction of
incorrect data stored about your person at any time. Taking into account the purposes of
data processing incomplete data stored about you must be completed by DLR at your request.
The fulfilment of this right is also ensured by reminder e-mails sent automatically once a year.

3. Right to deletion according to Art. 17 GPDR:

Obligation to delete

You have the right to request the controller to delete personal data concerning you without
undue delay, and the controller will be obliged to delete personal data immediately where one
of the following grounds applies:

 the personal data is no longer necessary in relation to the purposes for which it was
collected or otherwise processed;
 you withdraw consent on which the processing is based according to part (a) of Art. 6,
paragraph 1, or part (a) of Art. 9, paragraph 2 of the GDPR, and there is no other legal
basis for the processing;

6
 you object to the processing pursuant to Art. 21, paragraph 1 of the GDPR and there are
no overriding legitimate grounds for the processing, or you object to the processing
pursuant to Art. 21, paragraph 2 of the GDPR;
 the personal data concerning you has been unlawfully processed;
 the personal data has to be deleted to comply with a legal obligation under a Union or
Member State law to which the controller is subject;
 The personal data concerning you has been collected in relation to the offer of
information society services referred to in Art. 8, paragraph 1 of the GDPR.

Information to third parties

Where the controller has made the personal data concerning you public and is obliged pursuant
to Art. 17, paragraph 1 of the GDPR to delete the personal data, the controller, taking account
of available technology and the cost of implementation, is required to take reasonable steps,
including technical measures, to inform controllers who are processing the personal data that
you have requested to be deleted by such controllers, as well as any links to, copies or
replications of such personal data.

Exceptions

The right to deletion does not apply to the extent that processing is necessary:

 for exercising the right of freedom of expression and information;


 for compliance with a legal obligation under Union or Member State law to which the
controller is subject or for the performance of tasks carried out in the public interest or in
the exercise of official authority vested in the controller;
 for reasons of public interest in the area of public health in accordance with parts (h) and
(i) of Art. 9, paragraph 2 and Art. 9, paragraph 3 of the GDPR;
 for archiving purposes in the public interest, for scientific or historical research purposes
or for statistical purposes in accordance with Art. 89, paragraph 1 of the GDPR, insofar
as the rights referred to in section (a) are likely to render impossible or seriously impair
the achievement of the objectives of that processing; or
 for the establishment, exercise or defence of legal claims.

Since DLR requires the personal data to be provided when you register in order to be
able to legally pursue breaches of contract, it has the right under Art. 17 Para. 3 e) of
the GPDR to refuse the deletion or blocking of the personal data stored on your person
during the term of the license agreement concluded with you as a user after you have
registered as a user. After the end of the contract, i.e. after termination of the contract,
you have the right to have your personal data deleted. The same is also applicable to the
time stamp data which DLR is processing on the legal basis of Art. 6 (1) f) GDPR for the
purposes of technical reason of the IT system, that is to say for the steering of the
workflows in the system and for purposes of IT security. As soon as the licence
agreement is terminated the time stamp data will be deleted.

4. According to Art. 18 of the GPDR, you have the right to limit processing:

7
You have the right to request from the controller restriction of processing of personal data
concerning you under the following conditions:

 where the accuracy of the personal data is contested by you, for a period enabling the
controller to verify the accuracy of the personal data;
 the processing is unlawful and you oppose the deletion of the personal data, and instead
request the restriction of its use;
 the controller no longer needs the personal data for the purposes of the processing, but
it is required by you for the establishment, exercise or defence of legal claims; or
 if you have objected to processing pursuant to Art. 21, paragraph 1, of the GDPR,
pending the verification of whether the legitimate reasons of the controller override your
reasons.

Where processing of the personal data concerning you has been restricted, such personal data
shall, with the exception of storage, 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.

Where you have obtained restriction of processing under the conditions set out above, you will
be informed by the controller before the restriction of processing is lifted.

5. Right to notification under Article 19 of the GPDR: Where you have exercised the right
to correction, deletion or restriction of processing with the data controller, the data controller
shall be obliged to notify all recipients to whom the personal data concerning you was disclosed
of this correction or deletion of data or of the restriction of processing, except where
compliance proves to be impossible or is associated with a disproportionate effort.
In addition, you are entitled to require that the data controller inform you about these recipients

6. In accordance with Art. 20 of the GPDR, you have the right to receive the personal data
concerning you, which you have provided to the controller, in a structured, commonly used and
machine-readable format and have the right to transfer that data to another controller without
hindrance from the controller to which the personal data have been provided, where:

 the processing is based on consent pursuant to part (a) of Article 6, paragraph 1 or part
(a) of Article 9, paragraph 2 of the GDPR or in a contract pursuant to part (b) of Art. 6,
paragraph 1 of the GDPR; and
 the processing is carried out by automated means.

In exercising your right to data portability, you have the right to have the personal data
concerning you transmitted directly from one controller to another, where technically feasible.
This must not adversely affect the rights and freedoms of other persons.
The right to data portability does not apply to processing that is necessary for the performance
of a task carried out in the public interest or in the exercise of official authority vested in the
controller.

7. Right to withdraw consent granted pursuant to Art. 7 para. 3 GPDR: You have the
right to withdraw consent to the processing of data once granted at any time with effect for the

8
future. In the event of withdrawal we will delete the data concerned without delay, unless
further processing can be based on a legal basis for processing without consent. The withdrawal
of consent shall not affect the legality of the processing carried out on the basis of the consent
until withdrawal;

8. RIGHT OF OBJECTION FROM ART. 21 GPDR:

You have the right to object, at any time, on grounds relating to your particular
situation, to the processing of personal data concerning you, which is based on parts
(e) or (f) of Art. 6, paragraph 1 of the GDPR; this includes profiling based on those
provisions.
The controller shall 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.
Where personal data concerning you is processed for direct marketing purposes, you
have the right to object, at any time, to the processing of personal data concerning you
for the purpose of such marketing. This applies also to profiling to the extent that it is
related to such direct marketing.
Where you object to processing for direct marketing purposes, the personal data will
no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding directive
2002/58/EC, you may exercise your right to object by automated means that use
technical specifications.
Where personal data is processed for scientific or historical research purposes or for
statistical purposes pursuant to Art. 89, paragraph 1 of the GDPR, you have the right,
on grounds relating to your particular situation, to object to processing of personal
data concerning you, except where the processing is necessary for the performance of
a task carried out for reasons of public interest.
Should you wish to exercise your right to withdraw consent or to object, please send
an email to [email protected].

9. Automated individual decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing,
including profiling, which produces legal effects for you or similarly significantly affects you.

This does not apply if the decision:


• is necessary for entering into, or performance of, a contract between you and the data
controller;
• is authorised by Union or Member State law to which the controller is subject and which also
contains suitable measures to safeguard your rights, freedoms and legitimate interests; or
• is based on your explicit consent.

However, these decisions must not be based on special categories of personal data referred to in
Art 9, paragraph 1 of the GDPR, unless parts (a) or (g) of Art. 9, paragraph 2 of the GDPR
9
applies and suitable measures to safeguard your rights, freedoms and legitimate interests are in
place.

In the cases referred to in parts (1) and (3), the data controller is required to implement suitable
measures to safeguard your rights, freedoms and legitimate interests, including at least the right
to obtain human intervention on the part of the controller, to express your own point of view
and to contest the decision.

10. Right to lodge a complaint under Art. 77 GPDR: 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 normal residence, you place of work or the
place of the alleged infringement, if you consider that the processing of personal data relating
to you infringes the GDPR.

10

You might also like