Privacy Policy - Historischer Schienenverkehr Wesel e.V.

This is a translation. Only the German version is legally binding.

1. Data protection at a glance

General information

The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can be used to identify you personally. Detailed information on data protection can be found in our privacy policy below.

Data collection on this website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. You can find the operator’s contact details in the section ‘Information on the controller’ in this privacy policy.

How do we collect your data?

Some of your data is collected when you provide it to us. This may, for example, be data you enter in a contact form.

Other data is collected automatically or with your consent by our IT systems when you visit the website. This is mainly technical data (e.g. internet browser, operating system or time of page view). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Part of the data is collected to ensure that the website works without errors. Other data may be used to analyse your user behaviour. If contracts can be concluded or initiated via the website, the data transmitted will also be processed for contract offers, orders or other service requests.

What rights do you have regarding your data?

You have the right at any time to receive information free of charge about the origin, recipient and purpose of your stored personal data. You also have the right to request the correction or deletion of this data. If you have given consent to data processing, you can withdraw this consent at any time with effect for the future. You also have the right, under certain circumstances, to request the restriction of the processing of your personal data. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

You can contact us at any time about this and other questions on data protection.

Analysis tools and third-party tools

When you visit this website, your browsing behaviour may be statistically analysed. This is done mainly with so-called analysis programs.

Detailed information about these analysis programs can be found in the following privacy policy.

2. Hosting

We host the content of our website with the following provider:

IONOS

The provider is IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, Germany (hereinafter IONOS). When you visit our website, IONOS records various log files, including your IP address. For details, see the IONOS privacy policy: https://www.ionos.de/terms-gtc/terms-privacy.

IONOS is used on the basis of Art. 6(1)(f) GDPR. We have a legitimate interest in presenting our website as reliably as possible. Where consent has been requested, processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and Section 25(1) TDDDG, insofar as the consent includes the storage of cookies or access to information on the user’s device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent can be withdrawn at any time.

Data processing agreement

We have concluded a data processing agreement (DPA) for the use of the above service. This is a contract required by data protection law which ensures that the provider processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.

3. General notes and mandatory information

Data protection

The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

When you use this website, various personal data is collected. Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

Please note that data transmission over the internet (e.g. when communicating by email) may have security gaps. Complete protection of data against access by third parties is not possible.

Information on the controller

The controller responsible for data processing on this website is:

Historischer Schienenverkehr Wesel e. V. Nesselweg 2 46485 Wesel, Germany

Represented by:

Chairman: Klaus Kaitna
Vice-chairman: Klaus Hoffmann

Phone: +49 281 14799124 Email: info@hsw-wesel.de

The controller is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (e.g. names, email addresses, etc.).

Storage period

Unless a more specific storage period has been stated in this privacy policy, your personal data will remain with us until the purpose for which it was processed no longer applies. If you make a justified request for deletion or withdraw your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, deletion will take place once these reasons no longer apply.

General information on the legal basis for data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR if special categories of data are processed in accordance with Art. 9(1) GDPR. In the case of explicit consent to the transfer of personal data to third countries, processing is also based on Art. 49(1)(a) GDPR. If you have consented to the storage of cookies or to access to information on your device (e.g. via device fingerprinting), processing is additionally based on Section 25(1) TDDDG. Consent can be withdrawn at any time. If your data is required to perform a contract or to carry out pre-contractual measures, we process your data on the basis of Art. 6(1)(b) GDPR. We also process your data where this is necessary to fulfil a legal obligation, on the basis of Art. 6(1)(c) GDPR. Data processing may also be based on our legitimate interest under Art. 6(1)(f) GDPR. The legal bases relevant in each individual case are explained in the following paragraphs of this privacy policy.

Recipients of personal data

In the course of our activities we work with various external parties. In some cases this also requires the transfer of personal data to these external parties. We only pass on personal data to external parties if this is necessary to perform a contract, if we are legally obliged to do so (e.g. transfer of data to tax authorities), if we have a legitimate interest in the transfer under Art. 6(1)(f) GDPR, or if another legal basis permits the transfer. When using processors, we only pass on our customers’ personal data on the basis of a valid data processing agreement. In the case of joint processing, a joint processing agreement is concluded.

Withdrawal of your consent to data processing

Many data processing operations are only possible with your express consent. You can withdraw consent you have already given at any time. The lawfulness of data processing carried out before the withdrawal remains unaffected.

Right to object to data collection in special cases and to direct marketing (Art. 21 GDPR)

IF DATA PROCESSING IS BASED ON ART. 6(1)(E) OR (F) GDPR, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA CONCERNED UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING SERVES TO ESTABLISH, EXERCISE OR DEFEND LEGAL CLAIMS (OBJECTION UNDER ART. 21(1) GDPR).

IF YOUR PERSONAL DATA IS PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR SUCH MARKETING; THIS ALSO APPLIES TO PROFILING INSOFAR AS IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT MARKETING (OBJECTION UNDER ART. 21(2) GDPR).

Right to lodge a complaint with the competent supervisory authority

In the event of breaches of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the member state of their habitual residence, place of work or the place of the alleged infringement. This right exists without prejudice to any other administrative or judicial remedies.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfilment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.

Information, correction and deletion

Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipients and the purpose of the data processing and, if applicable, a right to correction or deletion of this data. You can contact us at any time about this and other questions on personal data.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. You can contact us at any time for this purpose. The right to restriction of processing applies in the following cases:

If you dispute the accuracy of your personal data stored by us, we usually need time to verify this. For the duration of the verification, you have the right to request the restriction of the processing of your personal data.
If the processing of your personal data was or is unlawful, you can request the restriction of data processing instead of deletion.
If we no longer need your personal data but you need it to exercise, defend or assert legal claims, you have the right to request the restriction of the processing of your personal data instead of deletion.
If you have lodged an objection under Art. 21(1) GDPR, your interests and ours must be weighed against each other. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data – apart from its storage – may only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or a member state.

SSL or TLS encryption

For security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognise an encrypted connection by the fact that the address line of the browser changes from ‘http://’ to ‘https://’ and by the lock symbol in your browser bar.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Objection to advertising emails

We hereby object to the use of the contact details published as part of our legal notice obligation for sending unsolicited advertising and information material. The operators of this website expressly reserve the right to take legal action in the event of unsolicited advertising, such as spam emails.

4. Data collection on this website

Cookies

Our website uses so-called ‘cookies’. Cookies are small data packets that do not cause any damage to your device. They are stored on your device either temporarily for the duration of a session (session cookies) or permanently (persistent cookies). Session cookies are automatically deleted at the end of your visit. Persistent cookies remain stored on your device until you delete them yourself or your web browser deletes them automatically.

Cookies can come from us (first-party cookies) or from third-party companies (so-called third-party cookies). Third-party cookies enable certain services of third-party companies to be integrated into websites (e.g. cookies for handling payment services).

Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping basket or displaying videos). Other cookies may be used to analyse user behaviour or for advertising purposes.

Cookies that are necessary to carry out the electronic communication process, to provide certain functions you have requested (e.g. the shopping basket) or to optimise the website (e.g. cookies for measuring web audiences) (necessary cookies) are stored on the basis of Art. 6(1)(f) GDPR, unless another legal basis is stated. The website operator has a legitimate interest in storing necessary cookies for the technically error-free and optimised provision of its services. Where consent to the storage of cookies and similar recognition technologies has been requested, processing is based exclusively on this consent (Art. 6(1)(a) GDPR and Section 25(1) TDDDG); consent can be withdrawn at any time.

You can set your browser to inform you about the setting of cookies and to allow cookies only in individual cases, to exclude the acceptance of cookies for certain cases or in general, and to activate the automatic deletion of cookies when the browser is closed. If cookies are deactivated, the functionality of this website may be limited.

If further cookies and services are used on this website, you will find this in this privacy policy.

CCM19

Our website uses CCM19, a consent management tool provided by Papoo Software & Media GmbH, Auguste-Viktoria-Str. 64, 14199 Berlin, Germany (hereinafter ‘CCM19’ or ‘Papoo’).

CCM19 enables us to obtain, document and manage consent to the processing of personal data – in particular with regard to the use of cookies and similar technologies – in compliance with data protection law.

When you visit our website, a connection is established to the servers of CCM19 (cloud version). The required script file is loaded from the CCM19 server in order to display the consent banner and save settings. In particular, the following data is processed:

IP address (anonymised)
Date and time of access
Browser and device information
Content of the declaration of consent (i.e. which cookies/services were accepted)
A unique cookie ID

This data is processed on the basis of Art. 6(1)(c) GDPR (fulfilment of a legal obligation) and Art. 6(1)(f) GDPR (legitimate interest in data-protection-compliant consent management).

A data processing agreement in accordance with Art. 28 GDPR has been concluded with Papoo Software & Media GmbH.

Further information on data processing by CCM19 can be found in the provider’s privacy policy: https://www.ccm19.de/datenschutzerklaerung.html

Server log files

The provider of the website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

Browser type and browser version
operating system used
Referrer URL
Host name of the accessing computer
Time of the server request
IP address

This data is not combined with other data sources.

This data is collected on the basis of Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimisation of its website – for this purpose, the server log files must be recorded.

Contact form

If you send us enquiries via the contact form, your details from the form, including the contact details you provided there, will be stored by us for the purpose of processing the enquiry and in case of follow-up questions. We do not pass on this data without your consent.

This data is processed on the basis of Art. 6(1)(b) GDPR if your enquiry is related to the performance of a contract or is necessary for pre-contractual measures. In all other cases, processing is based on our legitimate interest in the effective handling of enquiries addressed to us (Art. 6(1)(f) GDPR) or on your consent (Art. 6(1)(a) GDPR) if this has been requested; consent can be withdrawn at any time.

The data you enter in the contact form will remain with us until you ask us to delete it, withdraw your consent to storage or the purpose for storing the data no longer applies (e.g. after your enquiry has been processed). Mandatory statutory provisions – in particular retention periods – remain unaffected.

Enquiries by email, phone or fax

If you contact us by email, phone or fax, your enquiry, including all resulting personal data (name, enquiry), will be stored and processed by us for the purpose of handling your request. We do not pass on this data without your consent.

The data you send us via contact requests will remain with us until you ask us to delete it, withdraw your consent to storage or the purpose for storing the data no longer applies (e.g. after your request has been processed). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.

5. Plugins and tools

OpenStreetMap

We use the map service of OpenStreetMap (OSM).

We embed the map material from OpenStreetMap from the server of the OpenStreetMap Foundation, St John’s Innovation Centre, Cowley Road, Cambridge, CB4 0WS, United Kingdom. The United Kingdom is considered a safe third country in terms of data protection. This means that the United Kingdom has a level of data protection equivalent to that in the European Union. When you use the OpenStreetMap maps, a connection is established to the servers of the OpenStreetMap Foundation. Among other things, your IP address and other information about your behaviour on this website may be forwarded to the OSMF. For this purpose, OpenStreetMap may store cookies in your browser or use similar recognition technologies.

OpenStreetMap is used in the interest of an appealing presentation of our online offering and to make the locations given on our website easy to find. This constitutes a legitimate interest within the meaning of Art. 6(1)(f) GDPR. Where consent has been requested, processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and Section 25(1) TDDDG, insofar as the consent includes the storage of cookies or access to information on the user’s device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent can be withdrawn at any time.

Booking iframe: Schienenweb GmbH (fahrkartendrucker.de)

For online booking of our trips we use the external service of Schienenweb GmbH. When you open the booking area on a trip detail page, the page fahrkartendrucker.de is loaded in an embedded window (iframe).

The iframe is loaded only after your active consent via our consent management tool (CCM19). As long as you have not given your consent, no connection is established to the servers of Schienenweb GmbH.

The provider is: Schienenweb GmbH, Mr Johannes Löbbert-Plattfaut, Agathastr. 7, D-63834 Sulzbach a. Main, Germany

When the iframe is loaded after consent, your IP address, browser type, referring page and date and time are transmitted to the servers of Schienenweb GmbH. The subsequent booking takes place directly on the systems of Schienenweb GmbH; payment is handled via that system and then forwarded to Historischer Schienenverkehr Wesel e. V.

Data is transmitted on the basis of Art. 6(1)(a) GDPR (your consent) or Art. 6(1)(b) GDPR (initiation of a contract).

Further information on data processing at Schienenweb GmbH can be found at: https://www.schienenweb.com/datenschutz/

Donation project via betterplace.org

For our donation project to restore passenger coach HSW 20, we link to the betterplace.org platform. The provider is:

gut.org gemeinnützige Aktiengesellschaft Schlesische Straße 26 10997 Berlin, Germany

If you click on the ‘Support the restoration’ link, you will be redirected to an external website. Only there does gut.org begin processing your data. We ourselves do not transmit any data to betterplace.

The privacy policy of betterplace.org can be found at: https://www.betterplace.org/de/privacy_policy

External links

Our website contains links to third-party websites (e.g. Niederrheinische Verkehrsbetriebe GmbH at niag-online.de, social media such as Instagram, Facebook and Flickr, OpenStreetMap contributors). We have no influence on the content and data protection practices of these websites. The respective provider is responsible for the personal data processed there.

When you click on an external link, you leave our website. We recommend reading the privacy policies of the respective providers.

Locally hosted fonts

This website uses the fonts ‘Inter’ and ‘Cormorant Garamond’. These fonts are delivered locally from our server and are not loaded from external services such as Google Fonts. No connection to third-party servers is therefore established merely to load fonts when you visit our website.

Newsletter delivery via MailPoet

We use the MailPoet service to send our newsletter. The provider is Wysija SARL (MailPoet), 6 Rue Grange-aux-Belles, 75010 Paris, France.

Data collected: when you sign up for the newsletter, the following data is collected:

Email address
IP address at the time of sign-up
Date and time of sign-up
Date of confirmation (double opt-in)

Data storage: MailPoet stores subscriber data in our own WordPress database on our IONOS server in Germany. No data is transferred to external MailPoet servers as long as we do not use MailPoet’s own sending service. Emails are sent via our IONOS SMTP server.

Legal basis: the data is processed on the basis of your consent in accordance with Art. 6(1)(a) GDPR. You can withdraw this consent at any time by unsubscribing from the newsletter. The lawfulness of data processing already carried out remains unaffected by the withdrawal.

Storage period: the data you provided for receiving the newsletter will be stored until you unsubscribe and deleted after you unsubscribe.

Further information on data processing by MailPoet can be found in the provider’s privacy policy: https://www.mailpoet.com/privacy-policy/

Cloudflare Turnstile

We use Cloudflare Turnstile (hereinafter ‘Turnstile’) on this website. The provider is Cloudflare Inc., 101 Townsend Street, San Francisco, CA 94107, USA (hereinafter ‘Cloudflare’).

Turnstile is used to check whether data entered on this website (e.g. in a contact form) is entered by a human or by an automated program. To do this, Turnstile analyses the behaviour of the website visitor on the basis of various characteristics. Unlike classic CAPTCHA solutions, users usually do not have to actively solve any tasks.

For the analysis, Turnstile evaluates various information (e.g. IP address, time spent on the website, browser and device information, mouse movements made by the visitor). The data collected in this way is transmitted to Cloudflare and processed there.

The data is stored and analysed on the basis of Art. 6(1)(f) GDPR. The website operator has a legitimate interest in protecting its web offering from abusive automated spying and from spam. Where consent has been requested, processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and Section 25(1) TDDDG, insofar as the consent includes the storage of cookies or access to information on the user’s device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent can be withdrawn at any time.

Data transfer to the USA is based on the standard contractual clauses of the EU Commission and on Cloudflare’s self-certification under the EU-US Data Privacy Framework. Details: https://www.cloudflare.com/cloudflare-customer-scc/

Further information on Cloudflare Turnstile can be found in the provider’s privacy policy: https://www.cloudflare.com/privacypolicy/

Data processing agreement

6. HSW app

No registration is required for the app ‘HSW – Museumsbahn am Niederrhein’. The app contains no advertising, no tracking and no third-party analytics. Much of its processing happens exclusively on your device.

Location data

If you tap ‘Start ride’ in the app and allow access to your location, the app determines your position during the trip – even when the screen is locked – in order to show you information at points along the line. Location data is processed exclusively on your device and is not transmitted to us or to third parties. Location tracking stops when you end the trip, and automatically after four hours at the latest. During the test phase the app stores a trip log on the device; it is only transmitted if you send it yourself using ‘Share’. The legal basis is your consent (Art. 6(1)(a) GDPR), which you can withdraw at any time in your device settings.

Camera

The camera is only used when you scan a QR code or open ‘Then/Now’ with the camera. No photos or videos are stored or transmitted.

Push notifications

If you allow push notifications, we store a pseudonymous device token generated by Apple or Google, the operating system (iOS/Android) and the time of registration and of last contact. We use this data exclusively to send you short-notice information about our trips (e.g. cancellations, postponements). The legal basis is your consent (Art. 6(1)(a) GDPR), which you can withdraw at any time in the app under ‘More’ or in your device settings; the token is then deleted. To send notifications we use the Expo service (650 Industries, Inc., USA), which forwards them to the Apple Push Notification Service or Google Firebase Cloud Messaging. The device token and the content of the notification are transmitted in the process.

Retrieving content

The app loads trips, vehicles, notices, images and points along the line from our website hsw-wesel.de. As when visiting the website, your IP address and the time of access are processed for technical reasons (see ‘Server log files’).

Anonymous usage statistics

To improve the app, it reports individual events to our website: ‘app opened’ (at most once a day, together with the language setting), ‘ride started’, ‘coach collected’, ‘QR code scanned’ and ‘Then/Now opened’. No device identifier and no location are transmitted; we only store daily counts and no IP addresses. It is not possible to identify individuals.

Map

For the map view the app loads map tiles from the OpenFreeMap service (openfreemap.org; map data © OpenStreetMap contributors), partly in advance so that the map also works without reception. Your IP address is transmitted to the operator. The legal basis is our legitimate interest in a reliable map display (Art. 6(1)(f) GDPR).

App updates

On start-up the app checks whether new app content is available and downloads it via the Expo service (650 Industries, Inc., USA). Your IP address, a random, non-personal installation identifier, the operating system and the app version are transmitted. The legal basis is our legitimate interest in an error-free app (Art. 6(1)(f) GDPR).

Transfer to the USA

Where data is transmitted to Expo (USA), this is based on the EU standard contractual clauses or the EU-US Data Privacy Framework.

Tickets and donations

Booking opens the ticket office of our partner Schienenweb GmbH (fahrkartendrucker.de); donations are handled by betterplace.org. The privacy policies of these providers apply to the data you enter there.

Data on your device

Your collection album, your language and push settings and downloaded content are stored only on your device. If you delete the app, this data is removed.

Source: https://www.e-recht24.de — supplemented with association-specific sections