Data protection

As of May 7, 2023

Table of content

• Responsible
• Overview of processing
• Relevant legal bases
• Use of cookies
• Provision of the online offer and web hosting
• Contact and request management
• Presence in social networks (social media)

Responsible

Judith Mair
Zürcher Hochschule der Künste
Department Design
Dozentin Trends & Identity
Master of Arts in Design
Bachelor of Arts in Design
Pfingstweidstrasse 96 Postfach CH-8031 Zürich

E-Mail-Adress:

info@heavy-mental.ch

Processing overview

The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.

Types of processed data

• Contact details
• content data
• usage data
• Meta, communication and procedural data

Data Subject Categories

• Communication partner
• User

Purposes of processing

• Contact Requests and Communication.
• Safety measures
• Management and response to inquiries
• Feedback
• Marketing
• Provision of our online offer and user-friendliness
• Information technology infrastructure

Relevant legal bases

Below you will find an overview of the legal bases of the GDPR, on the basis of which we process personal data. Please note that, in addition to the provisions of the GDPR, national data protection regulations may apply in your or our country of residence or domicile. If more specific legal bases are relevant in individual cases, we will inform you of them in the data protection declaration.

• Fulfillment of contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b) GDPR) - The processing is necessary for the fulfillment of a contract to which the data subject is party, or for the implementation of pre-contractual measures which are required at the request of the data subject take place.
• Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR) - Processing is necessary to safeguard the legitimate interests of the person responsible or a third party, unless the interests or fundamental rights and freedoms of the data subject, which protect personal Data require prevail.

In addition to the data protection regulations of the GDPR, national data protection regulations apply in Switzerland. This includes in particular the Federal Data Protection Act (DSG). The DSG applies in particular if no EU/EEC citizens are affected and, for example, only data from Swiss citizens is processed.

Usage of Cookies

Cookies are small text files or other memory notes that store information on end devices and read information from the end devices. For example, to save the login status in a user account, the content of a shopping cart in an e-shop, the content accessed or the functions used in an online offer. Cookies can also be used for various purposes, e.g. for the purpose of functionality, security and comfort of online offers as well as the creation of analyzes of visitor flows. Notes on consent: We use cookies in accordance with legal regulations. Therefore, we obtain prior consent from users, except where not required by law. In particular, consent is not necessary if the storage and reading of the information, including cookies, is absolutely necessary in order to provide the users with a telemedia service (i.e. our online offer) that they have expressly requested. Strictly necessary cookies usually include cookies with functions that enable the online offer to be displayed and run, load balancing, security, storing user preferences and choices, or similar to providing the main and ancillary functions requested by users serve purposes related to the online offer. The revocable consent is clearly communicated to the users and contains information on the respective cookie use.Notes on the legal basis under data protection law: The legal basis under data protection law on which we process the personal data of users with the help of cookies depends on whether we ask users to ask consent. If the users consent, the legal basis for the processing of your data is the declared consent. Otherwise, the data processed with the help of cookies will be processed on the basis of our legitimate interests (e.g. in the commercial operation of our online offer and improving its usability) or, if this is done in the context of fulfilling our contractual obligations, if the use of cookies is necessary to enable our to fulfill contractual obligations. We will explain the purposes for which we process cookies in the course of this data protection declaration or as part of our consent and processing processes.

Storage period: With regard to the storage period, the following types of cookies are distinguished:

• Temporary cookies (also: session or session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed his end device (e.g. browser or mobile application).
• Permanent cookies: Permanent cookies remain stored even after the end device is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, the user data collected with the help of cookies can be used to measure reach. Unless we provide users with explicit information on the type and storage period of cookies (e.g. when obtaining consent), users should assume that cookies are permanent and the storage period can be up to two years.

General information on revocation and objection (opt-out): Users can revoke the consent they have given at any time and also object to the processing in accordance with the legal requirements in Art. 21 DSGVO. Users can also declare their objection via their browser settings, e.g. by deactivating the use of cookies (which can also limit the functionality of our online services). You can also object to the use of cookies for online marketing purposes via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/ be explained.

• Legal basis: Legitimate interests (Art. 6 Abs. 1 S. 1 lit. f) DSGVO).

Provision of the online offer and web hosting

We process user data in order to be able to provide our online services to them. For this purpose we process the IP address of the user, which is necessary to transmit the content and functions of our online services to the browser or the end device of the user.

• Types of data processed: usage data (e.g. websites visited, interest in content, access times); Meta, communication and procedural data (e.g. IP addresses, times, identification numbers, consent status).
• Affected persons: users (e.g. website visitors, users of online services).
• Purposes of processing: Provision of our online offer and user-friendliness; Information technology infrastructure (operation and provision of information systems and technical devices (computers, servers, etc.)); Safety measures.
• Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR).

Further information on processing processes, procedures and services:

• Provision of online offer on rented storage space: For the provision of our online offer, we use storage space, computing capacity and software that we rent from a corresponding server provider (also called "web hoster") or obtain from another source; Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR).
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• Collection of access data and log files: Access to our online offer is logged in the form of so-called "server log files". The address and name of the retrieved websites and files, date and time of retrieval, amounts of data transferred, notification of successful retrieval, browser type and version, the user's operating system, referrer URL (the previously visited page) and, as a rule, IP Addresses and the requesting provider belong. On the one hand, the server log files can be used for security purposes, e.g. to avoid overloading the server (especially in the case of abusive attacks, so-called DDoS attacks) and on the other hand to reduce the load on the server and ensure their stability; Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR); Deletion of data: Log file information is stored for a maximum of 30 days and then deleted or made anonymous. Data whose further storage is required for evidence purposes are excluded from deletion until the respective incident has been finally clarified.
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• Content Delivery Network: We use a "Content Delivery Network" (CDN). A CDN is a service with the help of which the content of an online offer, in particular large media files such as graphics or program scripts, can be delivered faster and more securely with the help of regionally distributed servers connected via the Internet; Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR).
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• HostEurope: Services in the field of providing information technology infrastructure and related services (e.g. storage space and/or computing capacity); Service provider: Host Europe GmbH, Hansestrasse 111, 51149 Cologne, Germany; Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR); site: https://www.hosteurope.de; Data protection: https://www.hosteurope.de/AGB/Datenschutzerklaerung; Data Processing Agreement: https://www.hosteurope.de/Dokumente/.

Contact and request management

When contacting us (e.g. by post, contact form, e-mail, telephone or via social media) and in the context of existing user and business relationships, the details of the requesting person are processed to the extent necessary to answer the contact request and any requested measures.

• Types of data processed: contact details (e.g. e-mail, telephone numbers); Content data (e.g. entries in online forms); Usage data (e.g. websites visited, interest in content, access times); Meta, communication and procedural data (e.g. IP addresses, times, identification numbers, consent status).
• Affected persons: communication partners.
• Purposes of processing: contact requests and communication; managing and responding to inquiries; Feedback (e.g. collecting feedback via online form); Provision of our online offer and user-friendliness.
• Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR); Fulfillment of contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b) DSGVO).

Further information on processing processes, procedures and services:

• Contact form: If users contact us via our contact form, e-mail or other communication channels, we process the data communicated to us in this context to process the communicated request; Legal basis: Fulfillment of contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b) GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR).

Presence in social networks (social media)

We maintain online presences within social networks and process user data in this context in order to communicate with the users active there or to offer information about us. We would like to point out that user data can be processed outside the area of the European Union. This can result in risks for users, for example because it could make it more difficult to enforce user rights. Furthermore, user data is usually processed within social networks for market research and advertising purposes. For example, user profiles can be created based on usage behavior and the resulting interests of users. The usage profiles can in turn be used, for example, to place advertisements inside 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 behavior and the interests of the users are stored. Furthermore, data can also be stored in the usage profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them). we refer to the data protection declarations and information provided by the operators of the respective networks. Also in the case of requests for information and the assertion of data subject rights, we would like to point out that these can most effectively be asserted with the providers. Only the providers have access to the data of the users and can take appropriate measures and provide information directly. If you still need help, you can contact us.

• Types of data processed: contact details (e.g. e-mail, telephone numbers); Content data (e.g. entries in online forms); Usage data (e.g. websites visited, interest in content, access times); Meta, communication and procedural data (e.g. IP addresses, times, identification numbers, consent status).
• Affected persons: users (e.g. website visitors, users of online services).
• Purposes of processing: contact requests and communication; Feedback (e.g. collecting feedback via online form); Marketing.
• Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR).

Further information on processing processes, procedures and services:

• Instagram: social network; Service Provider: Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR); site: https://www.instagram.com; Data protection: https://instagram.com/about/legal/privacy.

• Facebook pages: Profiles within the Facebook social network - we are jointly responsible with Meta Platforms Ireland Limited for the collection (but not further processing) of data from visitors to our Facebook page (so-called "fan page"). This data includes information about the types of content users view or interact with, or the actions they take (see “Things Done and Provided by You and Others” in the Facebook Data Policy:https://www.facebook.com/policy), as well as information about the devices used by the users (e.g. IP addresses, operating system, browser type, language settings, cookie data; see under "Device information" in the Facebook data policy: https://www.facebook.com/policy). As explained in the Facebook Data Policy under "How do we use this information?", Facebook also collects and uses information to provide analytics services, called "Page Insights," to site operators so that they can gain insights into how people are using their Pages and interact with the content associated with them. We have entered into a special agreement with Facebook ("Page Insights Information", https://www.facebook.com/legal/terms/page_controller_addendum), in which it is regulated in particular which security measures Facebook must observe and in which Facebook has declared its willingness to fulfill the rights of the data subject (i.e. users can, for example, send information or requests for deletion directly to Facebook). The rights of users (in particular to information, deletion, objection and complaints to the competent supervisory authority) are not restricted by the agreements with Facebook. Further information can be found in the "Information on page insights"(https://www.facebook.com/legal/terms/information_about_page_insights_data); Service Provider: Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR); site: https://www.facebook.com; Data protection: https://www.facebook.com/about/privacy; Standard contractual clauses (ensuring the level of data protection when processing in third countries): https://www.facebook.com/legal/EU_data_transfer_addendum; Further information: Agreement of joint responsibility: https://www.facebook.com/legal/terms/information_about_page_insights_data. Joint controllership is limited to the collection and transmission of data to Meta Platforms Ireland Limited, an EU based company. Further processing of the data is the sole responsibility of Meta Platforms Ireland Limited, which in particular concerns the transmission of the data to the parent company Meta Platforms, Inc. in the USA (on the basis of the agreement between Meta Platforms Ireland Limited and Meta Platforms, Inc. concluded standard contractual clauses).‍