Name und Kontaktdaten des / der Verantwortlichen 
Unser/e Verantwortliche/r (nachfolgend „Verantwortlicher“) i.S.d. Art. 4 Zif. 7 DS-GVO ist:

Mindelo Cultural Lda
Chã de Alecrim
2110 Mindelo
São Vicente, Kap Verde
E-Mail: info@mindelocultural.com

Datenarten, Zwecke der Verarbeitung und Kategorien betroffener Personen
Nachfolgend informieren wir Sie über Art, Umfang und Zweck der Erhebung, Verarbeitung und Nutzung personenbezogener Daten.

1. Arten der Daten, die wir verarbeiten
Bestandsdaten (Name, Adresse etc.), Kontaktdaten (Telefonnummer, E-Mail, Fax etc.), Vertragsdaten (Gegenstand des Vertrages, Laufzeit etc.), Inhaltsdaten (Texteingaben, Videos, Fotos etc.),

2. Zwecke der Verarbeitung nach Art. 13 Abs. 1 c) DS-GVO
Abwicklung von Verträgen, Beweiszwecke / Beweissicherung, Erfüllung vertraglicher Verpflichtungen, Kontaktaufnahme bei juristischer Beanstandung durch Dritte, Erfüllung gesetzlicher Aufbewahrungspflichten, Kundenservice und Kundenpflege, Kontaktanfragen abwickeln, Maßnahmen der Sicherheit,

3. Kategorien der betroffenen Personen nach Art. 13 Abs. 1 e) DS-GVO
Kunden, Interessenten, die betroffenen Personen werden zusammenfassend als „Nutzer“ bezeichnet.

Legal basis of the processing of personal data
In the following, we inform you about the legal basis of the processing of personal data:

1. If we have obtained your consent to the processing of personal data, Art. 6 (1) sentence 1 lit. a) DS-GVO is the legal basis.

2. If the processing is necessary for the performance of a contract or for the implementation of pre-contractual measures that are carried out at your request, Art. 6 (1) p. 1 lit. b) DS-GVO is the legal basis.

3. If the processing is necessary for the fulfilment of a legal obligation to which we are subject (e.g. legal retention obligations), Art. 6 (1) p. 1 lit. c) DS-GVO is the legal basis.

4. If the processing is necessary to protect the vital interests of the data subject or of another natural person, Art. 6 (1) sentence 1 lit. d) DS-GVO is the legal basis.

5. If the processing is necessary to protect our legitimate interests or those of third parties and your interests or fundamental rights and freedoms do not override this, Art. 6 (1) sentence 1 lit. f) DS-GVO is the legal basis.

Disclosure of personal data to third parties and order processors
We do not disclose any data to third parties without your consent. If, however, this is the case, the disclosure is made on the aforementioned legal grounds, for example in the case of the disclosure of data to online payment providers for the fulfilment of a contract or due to a court order or due to a legal obligation to hand over the data for the purposes of criminal proceedings, to avoid danger or to enforce intellectual property rights. We also use processors (external service providers, e.g. for web hosting of our websites and databases) to process your data. If data is passed on to processors as part of a processing contract, this is always done in accordance with Art. 28 DS-GVO. In doing so, we carefully select our processors, monitor them regularly and have been granted the right to issue instructions concerning the data. In addition, the processors must have taken appropriate technical and organisational measures and comply with data protection regulations in accordance with BDSG n.F. and DS-GVO.

Transfer of data to third countries 
The adoption of the European General Data Protection Regulation (GDPR) has created a uniform basis for data protection in Europe. Your data is therefore predominantly processed by companies to which the GDPR applies. However, if the processing is carried out by third-party services outside the European Union or the European Economic Area, they must meet the special requirements of Art. 44 et seq. GDPR. This means that the processing takes place on the basis of special guarantees, such as the EU Commission’s officially recognised determination of an EU-compliant level of data protection or compliance with officially recognised special contractual obligations, the so-called “standard contractual clauses”. Insofar as we obtain your express consent to the transfer of data to the US due to the invalidity of the so-called Privacy Shield pursuant to Article 49 (1) sentence 1 lit. a) DSGVO, we point out in this regard the risk of secret access by the US authorities and the use of the data for control purposes, possibly without any legal recourse for EU citizens.

Deletion of data and storage period 
Without express indication in this data protection declaration, your personal data will be deleted or blocked as soon as you revoke your consent to the processing or the purpose of the storage is no longer applicable or the data is no longer necessary for the purpose, unless its continued storage is necessary for evidentiary purposes or is contrary to legal storage obligations. This includes, for example, retention obligations under commercial law for business letters pursuant to § 257 § 1 of the German Commercial Code (HGB) (6 years) and retention obligations under tax law for receipts pursuant to § 147 § 1 of the German Tax Code (AO) (10 years). When the prescribed retention period expires, your data will be blocked or deleted, unless the storage is still necessary for the conclusion or fulfilment of a contract.

Existence of automated decision making
We do not use automated decision making or profiling.

Provision of our website and creation of log files
1. If you use our website for information purposes only (i.e. without registration and without any other transmission of information), we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data:

– IP address
– Internet service provider of the user
– Date and time of access
– Browser type
– browser language and version
– Content of the retrieval
– Time zone
– Access status code/HTTP
– Amount of data
– Web sites from which the request came
– Operating system

2. This data is not stored together with any other personal data of yours.

3. This data serves the purpose of a user-friendly, functional and safe delivery of our website with functions and content as well as its optimisation and statistical evaluation.

4. The legal basis for this is our legitimate interest in data processing in accordance with Art. 6 (1) sentence 1 lit. f) DS-GVO.

5. For security reasons, we store this data in server log files for a storage period of days. After this period, they are automatically deleted, unless it is necessary to store them for evidentiary purposes in the event of attacks on the server infrastructure or other legal violations.

Contract resolution
1. We process inventory data (e.g. company, title/academic degree, names and addresses as well as contact data of users, e-mail), contract data (e.g. services used, names of contact persons) and payment data (e.g. bank details, payment history). bank details, payment history) for the purpose of fulfilling our contractual obligations (knowledge of who is a contractual partner; justification, content and execution of the contract; checking the plausibility of the data) and services (e.g. contacting customer service) in accordance with Art. 6 Para. 1 S. 1 lit b) DS-GVO. The entries marked as mandatory in online forms are required for the conclusion of the contract.

2. As a matter of principle, this data is not passed on to third parties unless it is necessary for the pursuit of our claims (e.g. transfer to a lawyer for debt collection) or for the fulfilment of the contract (e.g. transfer of the data to a payment provider) or there is a legal obligation to do so pursuant to Art. 6 (1) sentence 1 lit. c) DS-GVO.

3. We may also process the data you provide to inform you about other interesting products from our portfolio or to send you emails with technical information.

4. The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. This is the case for inventory and contract data when the data is no longer required for the performance of the contract and claims can no longer be asserted under the contract because they are time-barred (warranty: two years / standard limitation period: three years). We are obliged by commercial and tax law to store your address, payment and order data for a period of ten years. However, we restrict processing after three years if the contract is terminated, i.e.your data is only used to comply with legal obligations. Details in the user account remain until it is deleted.

Contact via contact form / e-mail / fax / post
1. When contacting us via contact form, fax, post or e-mail, your details will be processed for the purpose of handling the contact request.

2. If you have given your consent, the legal basis for the processing of the data is Art. 6 (1) sentence 1 lit. a) DS-GVO. The legal basis for the processing of data transmitted in the course of a contact request or e-mail, letter or fax is Art. 6 para. 1 p. 1 lit. f) DS-GVO. The responsible party has a legitimate interest in processing and storing the data in order to be able to answer users’ enquiries, to preserve evidence for liability reasons and, if necessary, to be able to comply with its statutory retention obligations for business letters. If the contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 para. 1 p. 1 lit. b) DS-GVO.

3. We may store your details and contact request in our Customer Relationship Management System (“CRM System”) or similar system.

4. The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with you has ended. The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified. We store enquiries from users who have an account or contract with us until two years after termination of the contract. In the case of legal archiving obligations, deletion takes place after their expiry: end of commercial law (6 years) and tax law (10 years) retention obligation.

5. You have the option to revoke your consent to the processing of personal data at any time in accordance with Art.6 para. 1 p. 1 lit. a) DS-GVO. If you contact us by e-mail, you can object to the storage of personal data at any time.

Social media presence
1. We maintain profiles and fan pages in social media. When you use and access our profile in the respective network, the respective data protection information and terms of use of the respective network apply.

2. Data categories and description of data processing: usage data, contact data, content data, inventory data. Furthermore, user data within social networks is usually processed for market research and advertising purposes. For example, usage profiles can be created based on the usage behaviour and resulting interests of the users. The usage profiles can in turn be used, for example, to place advertisements within and outside the networks that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users’ computers, in which the usage behaviour and the interests of the users are stored. Furthermore, data independent of the devices used by the users may also be stored in the usage profiles (especially if the users are members of the respective platforms and are logged in to them). For a detailed presentation of the respective forms of processing and the options to object (opt-out), we refer to the data protection declarations and information provided by the operators of the respective networks. In the case of information requests and the assertion of data subject rights, we also point out that these can be asserted most effectively with the providers. Only the providers have access to the users’ data and can take appropriate measures and provide information directly. If you still need help, you can contact us.

3. Purpose of the processing: communication with the users connected and registered on the social networks; information and advertising for our products, offers and services; external presentation and image cultivation; evaluation and analysis of the users and contents of our presences in the social media.

4. Legal basis: The legal basis for the processing of personal data is our legitimate interest in the above purposes according to Art. 6 para. 1 p. 1 lit. f) DS-GVO. Insofar as you have given us or the person responsible for the social network consent to the processing of your personal data, the legal basis is Art. 6 para. 1 p. 1 lit. a) in conjunction with Art. 7 DS-GVO. Art. 7 DS-GVO.

5. Data transfer/recipient category: Social network.

6. The data protection notices, information options and objection options (opt-out) of the respective networks / service providers can be found here:- LinkedIn – Service provider: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland) – Privacy policy: https://www.linkedin.com/legal/privacy-policy, Cookie policy and Opt-Out: https://www.linkedin.com/legal/cookie-policy.

Rights of the data subject
1. Objection to or revocation of the processing of your data
Insofar as the processing is based on your consent in accordance with Art. 6 Para. 1 S. 1 lit. a), Art. 7 DS-GVO, you have the right to revoke your consent at any time. This does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation. Insofar as we base the processing of your personal data on the balance of interests pursuant to Art. 6 (1) p. 1 lit. f) DS-GVO, you may object to the processing. This is the case if the processing is not necessary, in particular, for the fulfilment of a contract with you, which is shown by us in each case in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will review the merits of the case and either cease or adapt the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing.

You can object to the processing of your personal data for the purposes of advertising and data analysis at any time. You can exercise the right to object free of charge. You can inform us of your advertising objection using the following contact details:

Mindelo Cultural Lda
Chã de Alecrim
2110 Mindelo
São Vicente, Kap Verde
E-Mail: info@mindelocultural.com

2. Right of access
You have the right to request confirmation from us as to whether personal data relating to you is being processed. If this is the case, you have the right to information about your personal data stored by us in accordance with Art. 15 DS-GVO. This includes, in particular, information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the origin of your data if it has not been collected directly from you.

3. Right to rectification
You have the right to have inaccurate data corrected or correct data completed in accordance with Art. 16 DS-GVO.

4. Right to deletion
You have the right to have your data stored by us deleted in accordance with Art. 17 DS-GVO, unless legal or contractual retention periods or other legal obligations or rights to further storage prevent this.

5. Right to restriction
You have the right to request a restriction in the processing of your personal data if one of the conditions in Art. 18(1)(a) to (d) DS-GVO is met:

– if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
– the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
– the controller no longer needs the personal data for the purposes of the processing but you need them for the establishment, exercise or defence of legal claims;
– or if you have objected to the processing pursuant to Article 21(1) of the DS-GVO and it has not yet been determined whether the legitimate grounds of the controller outweigh your grounds.

6. Right to data portability
You have a right to data portability under Article 20 DS-GVO, which means that you can obtain the personal data we hold about you in a structured, commonly used and machine-readable format or request that it be transferred to another controller.

7. Right to complain You have a right to complain to a supervisory authority
As a rule, you can contact the supervisory authority for this purpose, in particular in the Member State of your place of residence, your place of work or the place of the alleged infringement.

Data security: In order to protect all personal data transmitted to us and to ensure that the data protection regulations are complied with by us, but also by our external service providers, we have taken appropriate technical and organisational security measures. Therefore, among other things, all data is transmitted between your browser and our server via a secure SSL connection.

Status: 06.01.2023