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Data protection declaration for the website of Acta Acustica united with Acustica:

The responsible handling of personal data is very important to us. With this data protection declaration, we would like to inform you about the type, scope and purpose of the personal data we collect, use and process as well as your rights pertaining to data protection. We process your personal data in accordance with the General Data Protection Regulation (GDPR) of the European Union and in accordance with the applicable data protection regulations in Germany (BDSG, TMG). However, absolute data protection cannot be guaranteed since there may be security gaps whenever data is transferred on the internet.

We reserve the right to adapt this data protection declaration as necessary in order to remain in compliance with the current legal requirements or to implement changes to our services within the scope of the data protection declaration.

Name and address of the controller responsible for data processing:

As pursuant to GDPR and other data protection laws in the Member States of the European Union, the controller responsible for data protection is:

S. Hirzel GmbH & Co.
Birkenwaldstraße 44
70191 Stuttgart
Germany
Tel: 0711/2582 0
Fax: 0711/2582 290
Email: actaacustica@hirzel.de

The Data Protection Officer responsible for data processing:

SILISTA GmbH
Silvanerweg 24
73235 Weilheim/Teck
Germany
E-Mail: peter.rappold@silista.de
Telephone: 07023/942727

Data subjects may contact our Data Protection Officer with questions and suggestions regarding data protection.

1. Extent of processing of personal data

We only process the personal data of our users insofar as it is necessary to ensure the functions of the website or our content and services. We only process the personal data of our users after they have given their consent. Data may be collected in exceptional cases in which prior consent is not possible for practical reasons or the data processing is permitted by legal regulations.

2. Legal basis for the processing of personal data

Insofar as we receive a data subject’s consent for the processing of personal data, Article 6 (1) lit. a) GDPR serves as the legal basis. For the processing of personal data that is necessary for the performance of a contract concluded with the data subject, this is done as pursuant to Article 6 (1) lit. b) GDPR. This also applies to data processing operations that are necessary prior to entering into a contract. Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, this is done in accordance with Article 6 (1) lit. c) GDPR. In the event that the processing of personal data is necessary to protect the vital interests of the data subject or of another natural person, Article 6 (1) lit. d) GDPR serves as the legal basis. If the processing is required for the purposes of legitimate interests on the part of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the former’s interests, this is carried out according to Article 6 (1) lit. f) GDPR.

3. Erasure of data and retention duration

The personal data of the data subject will be deleted or blocked as soon as the intended purpose of the processing is no longer valid. In addition, data may be stored if the processing of said data is provided for by European or German legislation or by regulations, laws or other directives that are compatible with the rules of the European Union. A blocking or erasure of data is also carried out when a retention deadline prescribed by the aforementioned standards expires, unless the further storage of the data is required for the conclusion or the performance of a contract.

4. Collection of general data and information

Based on our legitimate interests within the meaning of Article 6 (1) lit. f) GDPR, we, or our hosting providers, collect data each time our server in accessed on which this service is run (so-called server log files). The access data includes the name of the retrieved website, the retrieved file, date and time of the retrieval, the amount of data transferred, status of successful transfer, type and version of the web browser used, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.

These data along with other personal data of the user are not stored.

The temporary storage of the IP address on the system is necessary to ensure the delivery of the site to the user’s computer. For this purpose, the user’s IP address must be stored for the duration of the session.

The log file information is stored for security reasons (e.g., to clarify any abuse or fraud) for a period of 7 days and then deleted. Data that must be stored for evidentiary purposes are not deleted until the incident is fully clarified.

Data must be collected to ensure the functioning of the site and they must be stored in log files for the operation of the website. Consequently, the user is not granted a right to object in this case.

5. Rights of the data subject

As soon as your personal data are processed, you assume the role of the data subject as pursuant to GDPR and are therefore granted the following rights vis-à-vis the data controller;

a.  Right of access

You have the right to obtain from the controller confirmation as to whether or not personal data concerning you are being processed by us.

If this is the case, you may request access to following information from the controller:

(1)    the purposes of the processing of personal data;

(2)    the categories of personal data concerned;

(3)    the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;

(4)    the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

(5)    the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing;

(6)    the right to lodge a complaint with a supervisory authority;

(7)    where the personal data are not collected from the data subject, any available information as to their source;

(8)    the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You are also entitled to the right to request information on whether your personal data are transferred to a third country or to an international organisation. In this context, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer.

b.  Right to rectification

You have a right to rectification and/or completion vis-à-vis the controller insofar as the processed personal data concerning you is incorrect or incomplete. The controller must make the correction without undue delay.

c.  Right to restriction of processing

You may request the restriction of processing of personal data concerning you under the following conditions:

(1)    you have contested the accuracy of the personal data 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 you require them to assert, exercise or defend legal claims; or

(4)    you have objected to processing pursuant to Article 21 (1) GDPR pending the verification of whether the legitimate grounds of the controller override yours.

Where processing of personal data concerning you has been restricted, such data shall, apart from storage, only be processed with your consent or for the assertion, 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 the restriction of processing is carried out pursuant to the aforementioned conditions, you will be informed by the controller before the restriction of processing is lifted.

d.  Right to erasure

You may request the controller to have personal data concerning you deleted without undue delay, and the controller is required to delete these data without undue delay, unless one of the following reasons applies:

(1)    The personal data concerning you are no longer required for the purposes for which they were collected or processed.

(2)    You withdraw your consent to data processing based on Article 6 (1) lit. a) or Article 9 (2) lit. a) GDPR and there is no other legal basis for the data processing.

(3)    You object to the processing as pursuant to Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing as pursuant to Article 21 (2) GDPR.

(4)    The personal data concerning you have been processed unlawfully.

(5)    The erasure of personal data concerning you is required to fulfil a legal obligation based on laws of the European Union or of a Member State to which the controller is subject.

(6)     The personal data concerning you have been collected in relation to services offered by the information society as pursuant to Article 8 (1) GDPR.

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Information transferred to third parties

If the controller makes the personal data concerning you available to the public and he is obliged to erase the data as pursuant to Article 17 (1) GDPR, he must take appropriate measures, taking into account the available technology and the cost of their implementation and technical nature, to inform the data processing controller who processes the personal data that you as the data subject have requested the erasure of all links to these personal data or copies or replication of such personal data.

Exceptions

The right to erasure does not apply insofar as the processing is required

(1)    to exercise the right to freedom of expression and information;

(2)    to fulfil a legal obligation that requires processing according to the laws of the European Union or its Member States to which the controller is subject, or the processing 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.

(3)    based on considerations of the public interest in the field of public health as pursuant to Article 9 (2) lit. h) and i) as well as Article 9 (3) GDPR;

(4)    for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes as pursuant to Article 89 (1) GDPR insofar as the right listed under a) is expected to render impossible or seriously impair the achievement of the objectives of this processing, or

(5)    for the assertion, exercise or defence of legal claims.

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e.  Right to be informed

If you have asserted your right to rectification, erasure or restriction pertaining to the data processing vis-à-vis the controller, he is thus obliged to inform all recipients to whom the personal data have been disclosed of this rectification or erasure of the data or the limitation of the processing, unless this proves to be impossible or involves a disproportionate effort.

You are entitled to the right to be informed by the controller about these recipients.

f.  Right to data portability

You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format. Moreover, you also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided insofar as

(1)    the processing is based on a granted consent as pursuant to Article 6 (1) lit. a) GDPR or Article 9 (2) lit. a) GDPR or on a contract pursuant to Article 6 (1) lit. b) GDPR and

(2)    the processing is carried out by automated means.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, wherever technically feasible. This may not adversely affect the rights and freedoms of others.

The right to data portability does not apply to the processing of personal data if it is required for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

g.  Right to object

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 Article 6 (1) lit. e) or f), including profiling based on those provisions.

The controller shall no longer process the personal data unless he demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the assertion, exercise or defence of legal claims.

Wherever personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you may no longer be processed for such purposes.

Within the context of the use of information society services, notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

h.  Right to withdrawal consent to data processing

You have the right to withdrawal your consent to data processing at any time. Upon withdrawing consent, the legality of the data processing carried out on the basis of the consent will not be affected by the withdrawal of consent.

i.   Automated decision-making, including profiling

You have the right not to be subject to a decision that is based solely on an automated processing of data, including profiling, and that may have a legal effect on you or any similarly significant restrictive effect. This does not apply if the decision

(1)  is necessary for the conclusion or the performance of a contract between you and the controller,

(2)  is permissible on the basis of legislation of the European Union or its Member States to which the controller is subject, and these laws contain adequate measures to safeguard your rights and freedoms as well as your legitimate interests, or

(3)  is made with your explicit consent.

However, these decisions may not be based on special categories of personal data as pursuant to Article 9 (1) GDPR, insofar as Article 9 (2) lit. a) or g) GDPR do not apply and appropriate measures for the protection of your rights and freedoms as well as your legitimate interests have been taken.

Regarding the cases referred to in (1) and (3), the controller must take appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, which must include at least the right to obtaining of the intervention of a person on the behalf of the controller, the right to present one’s own position and the right to contest the decision.

j.  Right to lodge a complaint

Notwithstanding any other administrative or judicial remedies, you also have the right to lodge a complaint with a supervisory authority, in particular in the Member State where you reside or work or where the alleged violation takes place if you believe that the processing of your personal data is in violation of GDPR. The supervisory authority to which the complaint is submitted informs the complainant on the status and the results of the complaint including the possibility of a judicial remedy as pursuant to Article 78 GDPR.

6. Cooperation with subcontractors and third parties

If within the scope of our processing we transmit, disclose or granted access to data to other persons and companies (subcontractors or third parties), this is done only on the basis of a legal permission, consent, legal obligation or our vested interests. Insofar as we contract third parties to process data based on a so-called “order processing contract”, this is done as pursuant to Article 28 GDPR.

7. Data transmission

If data is processed in a third country or with the help of third-party services, this is done so only in order to fulfil our (pre-)contractual obligations, if you grant your consent, if there is a legal obligation to do so or it is in our vested interests. Subject to legal or contractual permissions, we process data or have data processed in a third country only if the special conditions laid out in Articles 44 et seqq. GDPR have been ensured. This means the processing is done, for example, based on special guarantees or officially recognised special contractual obligations.

8. Cookies

Our website uses cookies. Cookies are text files that are placed in or by the internet browser on the user’s computer system. If a user accesses a site, a cookie may be placed on the user’s operating system. This cookie contains a characteristic string that allows for the clear identification of the browser for any subsequent visits to the website.

We place cookies to ensure our site is user-friendly. Some elements of our website call for the browser to be identified even after switching pages. The legal basis for the processing of personal data with the use of cookies is Article 6 (1) lit. f) GDPR. The purpose of using technically necessary cookies is to simplify the use of the websites for the user. Some features of our website cannot be used without the placement of cookies. For this, it is necessary for the browser to be recognised even after switching pages. The data collected by technically necessary cookies are not used to create user profiles.

The aforementioned purposes also include our legitimate interest in the processing of personal data as pursuant to Article 6 (1) lit. f) GDPR. Cookies are stored on the user’s computer and transmitted from the computer to our website. Therefore, you as a user have full control of the placement of cookies. By changing the settings in your internet browser, you can disable or restrict the transmission of cookies. Previously placed cookies can be deleted at any time. This can be also done automatically. If cookies are disabled for our website, it is possible that not all functions of the website can be used fully.

9. Registration on the website

On our website, we offer users the option to register by providing personal data. The data are entered into an input field, transmitted to us and stored. These data are not transferred to third parties.

The following data are collected in the registration process:
Degree, Title*, Given/First Name*, Family/Last Name*, E-mail Address*, Preferred Method of Contact* (Option: E-Mail, Fax, Postal Mail or Telephone/Secondary Phone (e.g. mobile)), Country or Region*, Address* (Option: Work, Home or Other). *Compulsory data.

Within the scope of the EAA Member Login and/or the working with the editorial system (Editorial Manager), user information may be entered and made available within the system, such as:
Availability “yes/no” as Reviewer, Areas of Interest or Expertise, Membership of an acoustical society.

Within the scope of the registration process, the user’s consent to the processing of these data is obtained.

The legal basis for the data processing is the user’s consent as pursuant to Article 6 (1) lit. a) GDPR. If the registration is required for the performance of a contract to which the user is party or in order to take steps prior to entering into a contract, then the legal basis for the data processing is Article 6 (1) lit. b) GDPR.

A registration by the user is required to display certain content and services on our website or is necessary for the performance of a contract with the user or to take steps prior to entering into a contract.

The data will be deleted when they are no longer necessary for the intended purpose for which they have been collected. This is the case for the data collected during the registration process if the registration on our website is deleted or amended. This is the case for measures taken during the registration process to perform a contract or take steps prior to entering into a contract if the data collected for the performance of the contract are no longer required. It may be necessary to store personal data of a contractual partner even after conclusion of the contract in order to fulfil contractual or legal obligations. As a user, you have the ability to delete the registration at any time. You can change the data stored concerning you at any time. If the data are required to perform a contract or take steps prior to entering into a contract, these data may only be deleted ahead of time insofar as no contractual or legal obligations preclude their erasure.

10. Contact form and email contact

Our website includes a contact form to contact us directly. If a user makes use of this option, the data entered into the input field are transmitted to us and stored.

In order to process the data collected in conjunction with submitting the contact form, you must give your consent and you will be referred to this data protection declaration. Alternatively, it is possible to contact us via the email address provided. In this case, the personal data of the user submitted with the email are stored. These data are not transferred to third parties. The data are used solely for the processing the communication.

The legal basis for the data processing is the user’s consent as pursuant to Article 6 (1) lit. a) GDPR.

The legal basis for the processing of the data that are sent with the transmission of the email is Article 6 (1) lit. f) GDPR. If the email contact serves to enter into a contract, then the legal basis for the processing is Article 6 (1) lit. b) GDPR. The processing of personal data in the input field is done solely for processing the contact. If contact is made via email, then there is also a required legitimate interest on the processing of the data.

The data will be deleted when they are no longer necessary for the intended purpose for which they have been collected. For the personal data from the input field in the contact form and those that are sent via email, this is the case if each respective conversation with the user has been completed. The conversation is deemed to have been completed if based on circumstances it is apparent that the issue at hand has been resolved. The user has the possibility to withdraw his consent for the processing of personal data at any time. If the user contacts with us via email, then he may object to the storage of his personal data at any time. In such a case, however, the conversation cannot be continued.

11. AWStats

This site uses the programme AWStats for statistical evaluations. The use of this programme is done in accordance with Article 6 (1) lit. f) GDPR. The programme is a free web analytics software. It is used for evaluating log files created by the web server based on visitor requests. The programme does not place cookie files for its evaluations. Whenever you retrieve our website, the following set of data (“log file”) is stored on our web server:

•  the page from which our website was retrieved (“referrer”),

•  the retrieved content,

•  the date and time of query,

•  the amount of transmitted data,

•  the access status (file transferred, file not found etc.)

•  a description of the type of web browser used,

•  the anonymised IP address.

The collection, processing and use of these data and their evaluation is carried out solely for anonymous statistical purposes. The computer programme “AWStats” is used for this purpose, which only evaluates the aforementioned log files in anonymous form (anonymised IP address). We only use these statistics to measure the activities as well as to improve and adapt our websites to the needs of the users. These statistics do not contain any personal data and cannot be used for the collection of personal data. No profiles on the behaviour of individual users visiting our websites are created. These data are not merged with other data sources, and the data are also deleted after a statistical evaluation.

12. Method of payment: Privacy policy for PayPal services

We have integrated components of PayPal on this website. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which represent virtual private or business accounts. PayPal also offers the possibility to process virtual payments by credit card if a user does not have a PayPal account. A PayPal account is managed via an email address, so there is no classic account number. PayPal makes it possible to trigger online payments to third parties or to receive payments. PayPal also performs fiduciary functions and offers buyer protection services.

PayPal’s European operating company is PayPal (Europe) S. à. r. l. & Cie. S. C. A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

If “PayPal” is selected as a payment option, the data of the data subject are automatically transmitted to PayPal. By selecting this payment option, the data subject consents to the transfer of personal data required for payment processing. Personal data transmitted to PayPal is usually first name, last name, address, email address, IP address, telephone number, mobile phone number or other data necessary for the processing of payments. In order to process the contract, such personal data related to the respective order are also necessary.

Transmission of data is for payment processing and fraud prevention purposes. The controller will transfer personal data to PayPal, in particular if there is a legitimate interest in the transfer. In certain circumstances, the personal data exchanged between PayPal and the controller may be transferred by PayPal to credit agencies. The purpose of this communication is to verify identity and creditworthiness. PayPal may transfer the personal data to affiliated companies and service providers or subcontractors if this is necessary for the fulfilment of contractual obligations or if the data are to be processed on behalf of PayPal.

You have the possibility to revoke the consent to the handling of your personal data at any time vis-à-vis PayPal. Revocation does not affect personal data which must be processed, used or transmitted for the purpose of processing payments (contractually stipulated) or for the processing of payments. PayPal’s current privacy policy is available at https://www.paypal.com/uk/webapps/mpp/ua/privacy-full.

Contact

S. Hirzel Verlag

Birkenwaldstrasse 44
70191 Stuttgart

P O Box 10 10 61
70009 Stuttgart
Germany

Phone:
+49 (0)711 25 82-0

Fax:
+49 (0)711 25 82-290

ActaAcustica@Hirzel.de

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