Thank you for your interest in our Online Academy for Logotherapy (hereafter the Academy) at the Elisabeth Lukas Archive gGmbH (hereafter the Archive). Data protection is vital to us. The use of the internet pages of the Academy is possible without any indication of personal data. If someone wants to use special free services of our Academy via our website, for example, information about the online videos, appointments or logotherapy in general, processing of personal data could become necessary. But more about that later.
In regards to the Online Academy of Logotherpy
as a profit company
The Online Academy for Logotherapy at the Elisabeth Lukas Archive gGmbH has published sections of the extensive work of Univ.-Prof. h.c.. Dr. phil. habil. Elisabeth Lukas which is accessible in form of teaching videos which are split up in five semesters.
After registering, students can book these instructional videos for each semester for a specific amount of time, use the content to guide their studies, and discuss questions with the directors of the Online Logotherapy Academy in a monthly webinar.
The director and lecturer of the Online Academy for Logotherapy is Dr. Heidi Schönfeld, living in Bamberg, Germany.
Since the Academy is integrated as an institute for original Logotherapy in the Elisabeth-Lukas-Archiv gGmbH, Dr. Heidi Schönfeld is also the managing director of this gGmbH and head of all areas of the Archive.
Another lecturer and collaborator is Mag. Alexander Vesely-Frankl, living in Vienna, Austria.
If there is no legal basis for a required processing of personal data, we generally obtain the consent of that particular person. This refers to
- all information about the works of Prof. Elisabeth Lukas,
- the sale of temporary rights for using individual teaching videos or for all five semesters
- the data of people in training and supervision,
- the copyright of the photographers/filmmakers and the consent of the photographed persons to be published here in the web pages of the Academy without financial interests as a mere reminder.
- to any pictures or films concerning the person of Prof. Elisabeth Lukas, deceased and living persons (photographed during lessons, in group situations or individually with Mrs. Lukas), where in most cases consent has been given. Otherwise, we assume “implied consent” from each person photographed or filmed:
At the time of the recording they were all photographed or filmed willingly, individually or in a group. They were all informed of their right to object to not being photographed or filmed prior to the recordings. Therefore, in this case, a declaration of consent is not mandatory. (However, this will be dealt with separately in point 10 of this data protection declaration).
- Should a photographed or filmed person change their mind in the meantime, we will gladly and promptly pixelate the image unrecognizably or remove the image/film entirely timely.
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as photographs, videos, a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
A data subject is any identified or identifiable natural person whose personal data are processed by the person in charge of processing, Dr. Heidi Schönfeld.
Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as photographing or filming, recording of people in training for the purpose of an organization. This includes arranging, storing, adapting or modifying, reading, retrieving (e.g. in the case of bookings of the educational videos, links to the webinars, etc.), using, disclosing by transmission, dissemination or any other form of making available, comparing or linking, restricting, erasing or destroying.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
Profiling is any type of automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person.
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separate and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
g) Right to object
The person in charge of processing is the natural or legal person, Dr. Heidi Schönfeld, who alone determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by European Union or Member State law, that the person in charge of processing or the specific criteria for its designation may be provided for under Europiean Union or Member State law.
h) Person in charge of processing
The person in charge of processing is Dr. Heidi Schönfeld as a natural or legal person who exclusively processes these accruing, personal data (for all above-mentioned areas under the umbrella of the archive).
A recipient is a natural or legal person, public authority, agency or other body where personal data are disclosed, whether or not it is a third party. However, public authorities that may receive personal data in the context of a specific investigative task under European Union or Member State law shall not be considered as recipients.
j) Third party
Third party means a natural or legal person, public authority, agency or other body other than the data subject, the person in charge for processing personal data.
Consent shall mean any freely given indication of the data subject’s wishes for the specific case in an informed and unambiguous manner, in the form of a statement or any other unambiguous affirmative act, by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.
2. Name and address of the person responsible for the processing
The person responsible within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is the Elisabeth-Lukas Archive gGmbH, in which the Online Academy for Logotherapy is integrated with the managing director Dr. Heidi Schönfeld,
Nürnberger Straße 103 a
3. Collection of general data and information
The internet pages of the Academy within the Archive collect a series of general data and information with each call-up of the internet page by a data subject or automated system. This general data and information is stored in the log files of the server. The following can be recorded
- the browser types and versions used, the operating system used by the accessing system,
- the website from which an accessing system arrives at our website (so-called referrer),
- the sub-websites that are accessed via an accessing system on our website,
- the date and time of an access to the website,
- an Internet Protocol (IP) address,
- the internet service provider of the accessing system
- and other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, the Academy does not draw any conclusions about the data subject. This information is rather required in order to
- to deliver the contents of our website correctly,
- to optimize the content of our website,
- to ensure the long-term functionality of our information technology systems and the technology of our website, and
- to provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack.
Therefore, the Academy evaluates these anonymously collected data and information on one hand statistically and on the other hand with the aim of increasing the data protection and data security of our Academy, in order to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
4. Contact possibility via the website
Based on statutory provisions, the website of the Academy contains data that enables a quick electronic contact to our Academy as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the person in charge of processing by e-mail or by using a contact form, the personal data transmitted by the data subject will be stored automatically.
Such personal data transmitted on a voluntary basis by a data subject to the person in charge of processing will be stored for the purposes of processing or contacting the data subject. No disclosure of this personal data to third parties will take place.
5. Routine deletion and blocking of personal data
The person in charge of processing Dr. Heidi Schönfeld shall process and store personal data of the data subject only for the time necessary to achieve the purpose of storage or where otherwise provided for by the European Directive and Regulation or other legislator in laws or regulations to which the person in charge of processing is subject.
If the purpose of storage no longer applies or if a storage period prescribed by the European Directive and Regulation or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
6. Rights of the data subject
– Jurisdiction agreement –
The company’s registered office and thus the place of jurisdiction is in Bamberg, Germany.
a) Right to confirmation
Every data subject has the right, granted by the European Directive and Regulation, to obtain confirmation from the person in charge of processing as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right to obtain confirmation, he or she may, at any time, contact the person in charge of processing of the Academy by means of the contact form provided below.
b) Right to information
Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain information about the personal data stored about him or her and a copy of that information from the person in charge of processing, free of charge, at any time. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:
- the processing purposes
- the categories of personal data that are processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- the existence of a right to obtain the rectification or erasure of personal data concerning them or to obtain the restriction of processing by the person in charge of processing or a right to object to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: All available information about the origin of the data
- the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
Furthermore, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right to information, he or she may, at any time, contact the head of the Academy at the Elisabeth Lukas Archive gGmbH using the contact form.
c) Right to rectification
Every person affected by the processing of personal data has the right granted by the European Directive and Regulation to demand the immediate rectification of any inaccurate personal data concerning him or her. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request that incomplete personal data be completed, including by means of a supplementary declaration.
If a data subject wishes to exercise this right to rectify, he or she may, at any time, contact the head of the Academy at the Archive using the contact form.
d) Right to erasure (right to be forgotten)
Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain the erasure from the person in charge of processing without delay of personal data concerning him or her, where one of the following grounds applies and if the processing is not necessary:
- The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject revokes the consent on which the processing was based pursuant to Art. 6(1)(a) DS-GVO or Art. 9(2)(a) DS-GVO and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been processed unlawfully.
- The deletion of the personal data is necessary for compliance with a legal obligation under European Union or Member State law to which the Head of the Archives is subject.
- The personal data was collected in relation to information society services offered pursuant to Art. 8 (1) DS-GVO.
If one of these just mentioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by the Academy, he or she may, at any time, contact the person in charge of processing of the Academy using the contact form provided below. She will arrange for the deletion request to be complied immediately, especially since she is obligated as the director to arrange for the deletion of the personal data.
e) Right to restriction of processing
Any person concerned by the processing of personal data has the right, granted by the European Directive and the Regulation, to obtain from the person in charge of processing of the Academy the restriction of processing if one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject for a period enabling the person in charge of processing to verify the accuracy of the personal data.
- The manager no longer needs the personal data for the purposes of processing, but the data subject needs them for the establishment, exercise or defense of legal claims.
- The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the Archive Manager override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the Academy at the Archive, he or she may, at any time, contact the person in charge of processing of the Academy using the contact form in order to arrange the restriction of the processing.
f) Right to data portability
Each data subject concerned by the processing of personal data has the right, granted by the European Directive and the Regulation, to obtain personal data concerning him or her, which has been provided by the data subject to the director of the Academy, in a structured, commonly used and machine-readable format.
Furthermore, when exercising the right to data portability pursuant to Article 20(1) of the Data Protection Regulation, the data subject does have the right to obtain that the personal data be directly transferred from one person in charge of processing to another person in charge of processing.
However, this is not technically feasible, as the director of both the Academy and the Archive holds the personal data within the Online Academy of Logotherapy, as well as those of the Elisabeth Lukas Archive gGmbH in one hand.
In order to assert the right to data portability, the data subject may at any time contact the head of the Academy using the contact form.
g) Right to object
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) of the DS-GVO. This also applies to profiling based on these provisions.
The Academy at the Archive shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defense of legal claims.
If the Online Academy for Logotherapy processes personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to the profiling, insofar as it is related to such direct marketing. If the data subject objects to the Online Academy for Logotherapy to the processing for direct marketing purposes, the Academy will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by the Academy for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the DS-GVO, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right to object, the data subject may directly contact the head of the Online Academy for Logotherapy using the contact form. The data subject is also free to exercise his/her right to object by means of automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.
h) Automated decisions in individual cases, including profiling.
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, where such decision
- is not necessary for the conclusion or performance of a contract between the data subject and the person in charge of processiong, or
- is permitted by European Union or Member State legislation to which the person in charge of processing is subject and that legislation contains appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or
- takes place with the express consent of the data subject.
Is the decision
- necessary for the conclusion or performance of a contract between the data subject and the person in charge of processing, or
- it takes place with the express consent of the data subject,
Online Academy for Logotherapy in the Elisabeth Lukas Archive gGmbH takes reasonable measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which include at least the right to obtain the intervention of a person on the part of the person in charge of processing, to express his or her point of view and to contest the decision.
If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact the head of the Academy at the Archive using the contact form.
i) Right to withdraw consent under data protection law.
Each data subject concerned by the processing of personal data has the right, granted by the European Directives and Regulations, to withdraw his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact the head of the Online Academy for Logotherapy.
7. Data protection during applications and the application process
The head of the Online Academy for Logotherapy responsible for processing collects and processes the personal data of applicants for the purpose of processing an application to participate in the online training in the Academy. The processing may also take place electronically. This is the case, in particular, when an applicant sends relevant application documents and data about his or her professional career, active activities or acquired professional experience by e-mail. If the applicant is accepted for online study in the Online Academy for Logotherapy at the beginning of the coming semester, the transmitted data will be stored for the purpose of processing the acceptance into the coming semester in compliance with the legal regulations. If the applicant is not accepted for the upcoming online seminar start for online study in the Academy, the resulting e-mails will be automatically deleted two months after notification of the rejection decision.
8. Data protection for personal data in the form of photos or in videos
Photos and videos of recognizable persons are generally personal data – they are subject to processing as stored digital photos and films or as scanned analog photos within the meaning of the GDPR. Any publication on the website of the Academy made after a photo has been taken is also a processing of personal data.
Photos or videos may theoretically also contain particularly “sensitive data” as defined in Art. 9 GDPR, because characteristics such as skin color or religious affiliation may be visible in the photo or film. This data is actually subject to even stricter protection than “normal” personal data pursuant to Art. 9 (2) of the GDPR, which means that the publication of photos or videos would practically only be possible with consent. However, recital 51 of the GDPR states:
“The processing of photographs should not in principle be considered as processing of special categories of personal data, as photographs are only covered by the definition of biometric data if they are processed by special technical means that allow the unique identification or authentication of a natural person.”
Thus, as a rule – insofar as the GDPR applies – only Art. 6 GDPR and not the stricter Art. 9 GDPR applies to photos and also videos.
In this regard, the statement of the Federal Ministry of the Interior (BMI) on the taking of photographs:
(…) “Dissemination of this answer is desirable, provided that the answer is reproduced in full and individual passages are not taken out of context. I would be happy to comment in more detail on your questions. However, in order to avoid repetition, I would like to emphasize again at the outset that the General Data Protection Regulation (GDPR) and the national laws supplementing it do not result in any significant changes to the legal situation with regard to the taking and dissemination of photographs.
In the future, the taking of photographs will continue to be based on consent that can be revoked at any time – as has been the case to date – or on alternative grounds for permission such as the exercise of legitimate interests (Article 6 (1) (f) of the GDPR). These grounds for permission (according to the current legal situation, Art. 7 of the applicable EU Data Protection Directive 95/46/EC in conjunction with the national implementing laws) have covered the activities of photographers under data protection law for many years and are continued in Art. 6 DS-GVO. The assumption that the GDPR precludes the taking of photographs is therefore incorrect.
For the publication of photographs, the Art Copyright Act remains in force even under the General Data Protection Regulation applicable as of May 25, 2018. No changes or even a repeal are envisaged with a view to the General Data Protection Regulation, as I have already stated in my response.
The view that the Art Copyright Act will be superseded by the GDPR as of May 25, 2018 is incorrect. The Art Copyright Act is based on Article 85 (1) of the GDPR, which gives Member States national leeway in balancing data protection with freedom of expression and information. The Art Copyright Act is therefore not in conflict with the GDPR, but fits into the system of the GDPR as part of the German adaptation legislation. There is no need for a statutory regulation on the continued validity of the Art Copyright Act. Similarly, the approaches of other Member States, which take a general approach to the relationship between data protection and freedom of expression and information, do not lead any further in practical implementation and do not lead to more legal certainty.
Moreover, freedom of expression and freedom of information, which are protected by fundamental rights, flow directly into the interpretation and application of the GDPR; in particular, they constitute legitimate interests of data controllers under Article 6(1)(f) of the GDPR. The GDPR emphasizes that the protection of personal data is not an unrestricted right, but must be weighed against other fundamental rights in light of its societal function and in compliance with the principle of proportionality (Recital 4). The fundamental rights mentioned by the GDPR in this context explicitly include freedom of expression and information.” (…)
Source: https://bff.de/wp-content/uploads/2018/05/DSGVO_BFF-Jur.-D.-Lanc_Personenaufnahmen-1.pdf?x95481 – Page 2
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9. Data protection in case of consent for photos and videos:
- The consent refers to a specific case (Art. 4 No. 11 DSGVO) and to a specific processing purpose (Art. 6 para. 1 sentence 1 lit. a)
–> All photos and videos on the website of the Online Academy for Logotherapy are used for the study of logotherapy, as well as for the documentation of persons in training during the training during a webinar. There are no financial interests and no photo or video of persons in training will be shown on external sites.
- Consent is always voluntary, and you always have the option to pixelate the image, refuse or withdraw your consent without suffering any disadvantages (Art. 4 No. 11, 7 (4) DSGVO). All are also sufficiently informed about the scope of consent and informed about the purposes of data processing.
–> Our purpose refers only to the seminar videos for the study of logotherapy or photos during the webinars. A sale of homepage pictures of the persons in training is neither intended nor allowed.
–> In case of voluntary participation in such group photos following this information, we assume “implied consent”. Furthermore, these photos may not be used outside the framework of the Online Academy for Logotherapy.
–> In addition, everyone is informed of their possibility of revocation. (Art. 7 para. 3 sentence 3 DSGVO)
We pay attention to the fact that in Art. 8 GDPR the conditions for the consent of a child are regulated separately. The consent of a child up to the age of majority is subject to the consent of his or her legal representatives.
10. Legal basis of processing
Art. 6 I lit. a DS-GVO serves our Online Academy for Logotherapy in the Elisabeth Lukas Archive gGmbH as the legal basis for processing operations in which we obtain consent for a specific processing purpose.
If the processing of personal data is necessary for the fulfillment of a contract for online study or the provision of another service or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations that are necessary for the performance of pre-contractual measures, for example in cases of inquiries about the books and to clarify requirements for studying logotherapy and existential analysis in the Academy integrated in the Archive or other services. If the Elisabeth Lukas Archive together with the Online Academy for Logotherapy is subject to a legal obligation which requires the processing of personal data, such as for example the fulfillment of tax obligations, processing is based on Art. 6 I lit. c DS-GVO. In rare cases, processing of personal data could become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a client or person in training were to be injured during a therapy session or training day and as a result his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO: Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis, if the data processing is necessary for the protection of a legitimate interest of the Academy or a third party, unless such interest is overridden by the interests, fundamental rights and freedoms of the data subject. Such processing operations are permitted in particular because they have been specifically mentioned by the European legislator. (Recital 47 sentence 2 DS-GVO).
11. Legitimate interests in the processing pursued by the director of the Online Academy for Logotherapy or a third party.
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the performance as an activity in the Online Academy for Logotherapy at the Elisabeth Lukas Archive gGmbH for the benefit of the well-being of all website visitors or online students.
On the website of the Online Academy for Logotherapy there are VIMEO films with short information about logotherapy studies and logotherapeutic explanations (among others with Prof. Dr. Elisabeth Lukas): VIMEO-Germany: Robert Niedermeier (Cyberlegis-RA GmbH) Maximilianstr. 13, 80539 Munich, Germany
on VIMEO data protection: https://vimeo.com/privacy
14. Duration for which the personal data are stored
The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfillment or initiation of the contract.
15. Legal or contractual requirements to provide the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We inform you that the provision of personal data is partly required by law or may also result from contractual regulations (e.g. information of the Academy as a contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide the Online Academy for Logotherapy with personal data, which must subsequently be processed by the head of the Academy. For example, the data subject is obliged to provide the Academy with personal data if the head of the Academy at the Archive concludes a contract with this person. Failure to provide the personal data would mean that the contract with the data subject could not be concluded (such as when reserving online seminar places). Before providing personal data by the data subject, the data subject must contact the director of the Online Academy for Logotherapy. She alone will clarify to the data subject on a case-by-case basis whether the provision of the personal data is required by law or by contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.
16. Existence of automated decision making
The Online Academy for Logotherapy acts in a responsible way, thus it does not use automatic decision-making or profiling.
This sample data protection declaration was created by the data protection declaration generator of DGD Deutsche Gesellschaft für Datenschutz GmbH ( https://dg-datenschutz.de/ ), which performs data protection audits, in cooperation with the media law firm WILDE BEUGER SOLMECKE (https://www.wbs.legal/medienrecht/
and modified for the Online Logotherapy Academy.