Our handling of your data and your rights
Information according to Art. 13, 14 and 21 of the General Data Protection Regulation (DS-GVO)
Dear Applicant,
in the following, we would like to inform you about the processing of your personal data by the Project Management Jülich and the Baden-Württemberg Stiftung gGmbH and about the claims and rights to which you are entitled under the data protection regulations.
1. Who is responsible for data processing and whom can you contact?
The responsible party within the meaning of the DSGVO is:
Baden-Württemberg Stiftung gGmbH
Kriegsbergstraße 42
70174 Stuttgart
Tel.: +49 (0)711 248 476-0
Managing Director: Theresia Bauer.
The external data protection officer of BW-Stiftung gGmbH can be contacted at the address:
Frank Grossmann
Grossmann GmbH
Hauptstraße 54
89160 Dornstadt
E-Mail: grossmann@bwstiftung.de
2. What sources and data are used?
The Project Management Jülich processes personal data on behalf of the Baden-Württemberg Stiftung gGmbH that it receives from you in the course of the consultation, the application procedure as well as the processing of the contract and with the examination of the use of funds. In addition, the Project Management Jülich processes personal data on behalf of the Baden-Württemberg Stiftung gGmbH - insofar as this is necessary for the fulfilment of its tasks - which has been permissibly received from other third parties.
Relevant personal data are personal details (name, address and other contact details, date and place of birth and nationality), and identification data (e.g. ID card data). In addition, this may also be application data (e.g. withdrawal request), data for the fulfilment of contractual obligations and other comparable data.
3. What is your data processed for (purpose of processing) and on what legal basis?
Project Management Jülich processes personal data on behalf of the Baden-Württemberg Stiftung gGmbH in accordance with the provisions of the European Data Protection Regulation (DS-GVO).
4. For the fulfilment of legal obligations (Art. 6 para. 1 letter c DS-GVO).
In addition, the Project Management Jülich and the Baden-Württemberg Stiftung gGmbH are subject to various legal obligations, i.e. legal requirements (e.g. German Banking Act, Money Laundering Act, tax laws, Administrative Procedure Act, Criminal Code, Civil Code).
4.1 For the fulfilment of a contract or pre-contractual measures (Art. 6 para. 1 letter B DS-GVO).
In addition, Project Management Jülich processes personal data on behalf of the Baden-Württemberg Stiftung gGmbH that is necessary for the performance of a contract with you as a contracting party or for the implementation of pre-contractual measures that take place at your request.
4.2. Who receives your data?
Within the Project Management Jülich and within the Baden-Württemberg Stiftung gGmbH, those offices receive your data that need it for the fulfilment of contracts and legal obligations.
With regard to the transfer of data to recipients outside the Baden-Württemberg Stiftung gGmbH, it should first be noted that the Project Management Jülich is obliged to maintain confidentiality about all applicant-related facts and evaluations of which knowledge is obtained (official secrecy, bank secrecy). Personal data will only be disclosed if this is necessary for the fulfilment of the tasks of the Project Management Jülich, if this is required by legal provisions or if the Project Management Jülich and the Baden-Württemberg Stiftung gGmbH are obliged to provide information. Under these conditions, recipients of personal data may be, for example:
Public bodies and institutions (e.g. ministries responsible for the research programme at federal and state level, federal and state audit offices);
Commissioned data processors used by the Project Management Jülich in accordance with Art. 28 DS-GVO. These are companies in the categories of credit services, IT services, logistics, printing services, telecommunications and consulting.
Other data recipients may be those bodies for which you have given your consent to the Project Management Jülich to transfer data or for which you have released the Project Management Jülich and the Baden-Württemberg Stiftung gGmbH from the obligation of official secrecy or banking secrecy.
5. Will your data be published?
When a research contract is concluded, the Project Management Jülich is obliged to manage your data on behalf of the Baden-Württemberg Stiftung gGmbH.
If a financing is granted, the Project Management Jülich is entitled, as is the Baden-Württemberg Stiftung gGmbH, to publish the subject of the project, the contract partner and the implementing body, the project management responsible for the implementation of the project (unless disclosure is to be waived), the contract period, the amount of funding.
6. How long will your data be stored?
To the extent necessary, the Project Management Jülich processes and stores your personal data on behalf of the Baden-Württemberg Stiftung gGmbH, processes and stores your personal data for the duration of the execution of the contract, which also includes, for example, the initiation and termination of a contract.
In addition, the Project Management Jülich and the Baden-Württemberg Stiftung gGmbH are subject to various storage and documentation obligations, which result, among other things, from the budgetary regulations of the Federal Government and the countries, the German Commercial Code (HGB)[1], and requirements under European state aid law. The periods specified there for storage and documentation are two to ten years.
Finally, the storage period is also assessed according to the statutory limitation periods, which can be up to thirty years, for example, according to §§ 195 ff. of the German Civil Code (BGB), whereby the regular limitation period is three years.
7. What data protection rights do you have?
Every data subject has the right to information according to Art. 15 DS-GVO, the right to rectification according to Art. 16 DS-GVO, the right to erasure according to Art. 17 DS-GVO and the right to restriction of processing according to Art. 18 DS-GVO. In addition, you have the right to lodge a complaint with a data protection supervisory authority (Art. 77 DS-GVO).
If your personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1) sentence 1 f DSGVO, you have the right to object to the processing of your personal data pursuant to Art. 21 DSGVO, provided that there are grounds for doing so that arise from your particular situation.
8. Is there an obligation for you to provide data?
Within the framework of the contractual relationship, you only have to provide the personal data that is required for the consultation, the processing of the application and the implementation of the financing as well as its evaluation, or which the Project Management Jülich and the Baden-Württemberg Stiftung gGmbH are legally obliged to collect. Without this data, the requested funding will usually have to be rejected or a concluded contract will have to be cancelled.
[1] Sections 238, 257 (4) of the German Commercial Code (HGB)