Information pursuant to Section 5 of the German Telemedia Act
("Telemediengesetz (TMG)")

Designation and name of the provider: “Kai Havertz Stiftung”

Donor:
Kai Lukas Havertz

Foundation authority:
District Government of Cologne
Department 21 – Foundation Supervision
50606 Cologne

The “Kai Havertz Stiftung” is a foundation with legal capacity pursuant to the German Civil Code ("Bürgerliches Gesetzbuch (BGB)") and the North Rhine-Westphalia Foundation Act ("Stiftungsgesetz Nordrhein-Westfalen"). It is registered in the foundation directory of the state of North Rhine-Westphalia. The “Kai Havertz Stiftung” is recognised as a non-profit foundation.

Address

Kai Havertz-Stiftung
Papiermühlenweg 20
52070 Aachen

Represented by:
Lea Alexandra Havertz
Jan Niklas Havertz

Contact

Email: info@kaihavertz-stiftung.de

Editorial responsibility

Lea Havertz
Papiermühlenweg 20
52070 Aachen

Consumer dispute resolution/General arbitration board

We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Liability

We are responsible for the content of our website pursuant to the provisions of general law, in particular Section 7 (1) of the German Telemedia Act. All content is created with due care and to the best of our knowledge. Insofar as we refer to third-party websites via hyperlinks on our website, we cannot guarantee that the linked content is always up to date, correct and complete, as this content is outside our area of responsibility and we have no influence on future design. If you think that content violates applicable law or is inappropriate, please let us know.
The legal information on this page as well as all questions and disputes in connection with the design of this website are subject to the law of the Federal Republic of Germany.

This Legal Notice also applies to the following social media profiles:

https://www.instagram.com/kaihavertz.stiftung/
https://twitter.com/KHStiftung

Privacy Policy for the Internet pages of the “Kai Havertz Stiftung”

Foreword

The Kai Havertz Stiftung takes the protection of your personal data seriously and would like to take this opportunity to inform you about data protection in the Foundation, in particular how we handle the data you have entrusted to us.

At the same time, we fulfil the obligations imposed by the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter “GDPR”) within the scope of our responsibility under data protection law in order to ensure the protection of personal data of the data subject (hereinafter we also refer to you as “customer”, “user”, “you” or “data subject”).

Insofar as we decide on the purposes and means of data processing either alone or together with others, this primarily includes the obligation to inform you transparently about the type, scope, purpose, duration and legal basis of the processing (See Art. 13 and 14 GDPR). In this declaration (hereinafter: “Data Protection Notice”) we hereby inform you about the way in which your personal data is processed by us.

Our Data Protection Notice, which is made available to you below, has a modular structure. They consist of a general part for any processing of personal data and processing situations that come into play each time a website is called up (A. General) and a special part, the content of which relates in each case only to the processing situation specified there with designation of the respective offer or product, in particular the visit to websites as detailed here (B. Visit to Websites).

In order to be able to find the parts that are relevant for you, please note the following overview of the breakdown of the Data Protection Notice:

Part	Designation	This part is for you...	Link
A	General	... always relevant.	Link
B	Website and social media presence	... relevant if you use our German website including appearances in social media.	Link

A. General

(1) Definitions

Pursuant to the model of Art. 4 GDPR, this Data Protection Notice is based on the following definitions:

• “Personal data” (Art. 4 (1) GDPR) is all information relating to an identified or identifiable natural person (“data subject”). A person is identifiable if he/she can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier, location data or by means of information relating to their physical, physiological, genetic, mental, economic, cultural or social identity characteristics. The identifiability can also be provided by linking such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photos, video or sound recordings can also contain personal data).
  
  
• “Processing” (Art. 4 (2) GDPR) is any process in which personal data is handled, whether with or without the help of automated (i.e. technology-supported) processes. This includes, in particular, the collection (i.e. acquisition), recording, organisation, arrangement, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, erasure or destruction of personal data, as well as the alteration of a purpose or intended purpose on which a data processing operation was originally based.
  
  
• “Controller” (Art. 4 (7) GDPR) means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
  
  
• “Third party” (Art. 4 (10) GDPR) means any natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who are authorised to process the personal data under the direct responsibility of the controller or processor; this also includes other group-affiliated legal persons.
  
  
• “Processor” (Art. 4 (8) GDPR) means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller, in particular pursuant to the controller’s instructions (e.g. IT service provider). A processor is in particular not a third party pursuant to data protection law.
  
  
• “Consent” (Art. 4 (11) GDPR) of the data subject means any freely given specific, informed and unambiguous indication of the data subject’s wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies their agreement to the processing of personal data relating to them.
  
  

(2) Name and address of the controller responsible for processing

We are the controller of your personal data within the meaning of Art. 4 (7) GDPR:

„Kai Havertz-Stiftung“
Papiermühlenweg 20
52070 Aachen

info@kaihavertz-stiftung.de
Please refer to the Legal Notice information on our website for more information about our company.
(Link to Imprint).

(3) Legal bases for data processing

In principle, any processing of personal data is prohibited by law and is only permitted if the data processing falls under one of the following justifications:

• Art. 6 (1) (a) GDPR (“Consent”): If the data subject has voluntarily, in an informed manner and unequivocally indicated by a statement or other unequivocal affirmative action that they consent to the processing of their personal data for one or more specific purposes;
  
  
• Art. 6 (1) (b) GDPR: If the processing is necessary for the performance of a contract to which the data subject is party or for the implementation of pre-contractual measures taken at the request of the data subject;
  
  
• Art. 6 (1) (c) GDPR: Where the processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. an obligation to legal record keeping);
  
  
• Art. 6 (1) (d) GDPR: When processing is necessary to protect vital interests of the data subject or another natural person;
  
  
• Art. 6 (1) (e) GDPR: If the processing is necessary for the performance of a task that is in the public interest or in the exercise of official authority that has been transferred to the controller or
  
  
• Art. s6 (1) (f) GDPR (“Legitimate interests”): If the processing is necessary to safeguard the legitimate (in particular legal or economic) interests of the controller or a third party, provided that the conflicting interests or rights of the data subject do not prevail (especially if the person concerned is a minor).
  
  

For the processing operations we carry out, we indicate below the applicable legal basis in each case. Processing can also be based on several legal bases.

(4) Data erasure and storage duration

For the processing operations we carry out, we state below how long the data will be stored by us and when it will be deleted or blocked. Unless an express storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for storage no longer applies. In principle, your data is only stored on our servers in Germany, subject to a possible transfer pursuant to the regulations in A. (7) and A. (8).

However, storage can take place beyond the specified time in the event of an (impending) legal dispute with you or other legal proceedings or if the storage is required by statutory provisions to which we are subject as the controller (e.g. Section 257 HGB, Section 147 AO). If the storage period prescribed by the statutory provisions expires, the personal data will be blocked or deleted, unless further storage by us is necessary and there is a legal basis for this.

(5) Data security

We use appropriate technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties (e.g. TSL encryption for our website), taking into account the state of the art, implementation costs and the nature, scope, context and purpose of the processing, as well as the existing risks of a data breach (including its probability and impact) for the data subject. Our security measures are continuously improved in line with technological developments.
We will be happy to provide you with further information on this upon request.

(6) Cooperation with processors

We use external domestic and foreign service providers to process our business transactions (e.g. for the areas of IT, logistics, telecommunications, sales and marketing). They will only act on our instructions and have been contractually obliged to comply with the data protection provisions pursuant to Art. 28 GDPR.

(7) Requirements for the transfer of personal data to third countries

As part of our business relationships, your personal data may be shared with or disclosed to third party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing is carried out solely to fulfil contractual and business obligations and to maintain your business relationship with us. We will inform you about the respective details of the transfer below at the relevant points. The European Commission certifies data protection comparable to the EEA standard in some third countries by means of so-called adequacy decisions (a list of these countries and a copy of the adequacy decisions can be found here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.html). In other third countries, to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. If this is the case, we ensure that data protection is adequately guaranteed. This can be done via binding company regulations, standard contractual clauses from the European Commission for the protection of personal data, certificates or recognised codes of conduct. Please contact our Data Protection Officer (see A. (3)) if you would like more information on this.

(8) No automated decision-making (including profiling)

We do not intend to use any personal data collected from you for any automated decision-making process (including profiling).

(9) No obligation to provide personal data

We do not make the conclusion of contracts with us conditional on you providing us with personal data beforehand. In principle, there is no legal or contractual obligation for you as a customer to provide us with your personal data; however, it may be that we can only provide certain offers to a limited extent or not at all if you do not provide the data required for this. If this should exceptionally be the case with the products we offer presented below, you will be informed of this separately.

(10) Legal obligation to transmit certain data

We may, under certain circumstances, be subject to a specific legal or statutory obligation to make the lawfully processed personal data available to third parties, in particular public bodies (Art. 6 (1) (c) GDPR).

(11) Your rights

You can exercise your rights as a data subject regarding your processed personal data at any time by contacting us using the contact details provided at the beginning of A. (2). As a data subject, you have the following rights:

• Pursuant to Art. 15 GDPR, the right to obtain information about your data processed by us. In particular, you can obtain information about the processing purposes, the category of data, the categories of recipients to whom your data was or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the origin of the data, if the data was not collected by us, as well as the existence of automated decision-making including profiling and, if necessary, meaningful information about the details;
  
  
• Pursuant to Art. 16 GDPR, the right to immediately request the rectification of incorrect data or the completion of your data stored by us;
  
  
• Pursuant to Art. 17 GDPR, the right to demand the erasure of your data stored by us, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
  
  
• Pursuant to Art. 18 GDPR, the right to demand the restriction of the processing of your data if you dispute the accuracy of the data or the processing is unlawful;
  
  
• Pursuant to Art. 20 GDPR, the right to receive your data that you have provided to us in a structured, common and machine-readable format or to request transmission to another controller (“data portability”);
  
  
• Pursuant to Art. 21 GDPR, the right to object to the processing if the processing is based on Art. 6 (1) (e) or (f) GDPR. This is particularly the case if the processing is not necessary for the performance of a contract with you. Unless it is an objection to direct advertising, we ask that you explain the reasons why we should not process your data as we have done when exercising such an objection. In the event of your justified objection, we will examine the situation and will either stop or adjust the data processing or show you our compelling legitimate reasons for continuing the processing;
  
  
• Pursuant to Art. 7 (3) GDPR, the right to revoke your given consent (also before the applicability of the GDPR, i.e. before 25/05/2018) – i.e. your voluntary will made understandable in an informed manner and unambiguously by means of a declaration or any other unambiguous confirming act that you agree to the processing of the personal data concerned for one or more specific purposes – at any time vis-à-vis us, if you have given such consent. As a result, we are no longer permitted to continue the data processing based on this consent for the future, and
  
  
• Pursuant to Art. 77 GDPR, the right to lodge a complaint with a data protection supervisory authority about the processing of your personal data in our company, for example to the data protection supervisory authority responsible for us:
  
  

State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia

Kavalleriestr. 2-4
40213 Düsseldorf
P.O. Box 20 04 44
Email: poststelle@ldi.nrw.de

(12) Changes to the Data Protection Notice

As part of the further development of data protection law and technological or organisational changes, our Data Protection Notice is regularly checked for any need for adjustment or supplementation. You will be informed about changes in particular on our German website at kaihavertz-stiftung.de.

This Data Protection Notice has the status of 28.03.2023.

B. Visit to Websites

(1) Explanation of the function

Information about our company and the services we offer can be found in particular at kaihavertz-stiftung.de including the associated sub-pages (collectively below: “Webpages”). When you visit our website, your personal data may be processed.

(2) Processed personal data

When using the website for informational purposes, we collect, store and process the following categories of personal data:

“Log data”: When you visit our website, a so-called log data record (so-called server log files) is stored temporarily and anonymously on our web server. This consists of:

• Page from which the page was requested (so-called referrer URL)
• Name and URL of the requested page
• Date and time of the call in the user's time zone
• Description of the type, language and version of the web browser used
• IP address of the requesting computer, which is shortened in such a way that the reference to a person can no longer be established
• Optional User ID
• Random unique Visitor ID
• Amount of data transferred
• Operating system
• Message whether the call was successful (access status/Http status code)
• GMT time zone difference
• Files that were clicked and downloaded: Link
• Links to an outside domain that were clicked
• Pages generation time (the time it takes for webpages to be generated by the webserver and then downloaded by the user: Page speed
• Location of the user: country, region, city, approximate latitude and longitude: Geolocation
• Main Language of the browser being used (Accept-Language header)
• User Agent of the browser being used (User-Agent header)
• Time of the first visit for this user
• Time of the previous visit for this user
• Number of visits for this user
  
  

“Contact form data”: When using contact forms, the data thereby transmitted is processed (e.g. gender, surname and first name, address, company, email address and the time of transmission).

(3) Purpose and legal basis of data processing

We process the personal data specified above pursuant to the provisions of the GDPR, the other relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Art. 6 (1) (f) GDPR, the aforementioned purposes also represent our legitimate interests.

The processing of the log data serves statistical purposes and the improvement of the quality of our website, in particular the stability and security of the connection (legal basis: Art. 6 (1) (f) GDPR).

Contact form data is processed in order to handle customer inquiries (legal basis: is Art. 6 (1) (b) or (f) GDPR).

(4) Duration of data processing

Your data will only be processed for as long as is necessary to achieve the processing purposes set out above; the legal bases specified in the context of the processing purposes apply accordingly. With regard to the use and storage duration of cookies, please refer to A. (5) as well as the Cookie Policy.

Third parties used by us will store your data on their system for as long as is necessary in connection with the provision of services for us pursuant to the respective order. You can find more information about the storage period under A. (5) and the Cookie Policy.

(5) Transfer of personal data to third parties; basis of justification

The following categories of recipients, which are usually processors (see A. (7)), may have access to your personal data:

• Service providers for the operation of our website and the processing of the data stored or transmitted by the systems (e.g. for data centre services, payment processing, IT security). The legal basis for the transfer is then Art. 6 (1) (b) or (f) GDPR, insofar the service providers is not considered a processor;
  
  
• State bodies/authorities, insofar as this is necessary to fulfil a legal obligation. The legal basis for the transfer is then Art. 6 (1) (c) GDPR;
  
  
• Persons used to conduct our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, those involved in company acquisitions or the establishment of joint ventures). The legal basis for the transfer is then Art. 6 (1) (b) or (f) GDPR.
  
  

For the guarantees of an appropriate level of data protection when data is transferred to third countries, see A. (8).

In addition, we only transfer your personal data to third parties if, pursuant to Art. 6 (1) (a) GDPR, you have given your express consent to this.

(6) Transfer of personal data through online donation tool

If you donate via the online portal provided by the KHS, we require personal data for the processing of your online donation. The provision of your email address is necessary to confirm receipt of your donation, to issue donation receipts and send them to you (also digitally) and, if necessary, to contact you regarding your donation. The legal basis for processing data for the purpose of fulfilling a contract is Art. 6(1)(b) DSGVO. If we process your personal data to fulfil a more extensive legal obligation, the legal basis for this data processing is Art. 6 (1) c) DSGVO.

The data will be entered by you in an input mask and transmitted to us and to the operator of the donation portal (GRÜN Software Group GmbH, Liebenwalder Str. 11, 13347 Berlin, www.gruen.net, kontakt@gruen.net), where it will be stored. We ensure that the operator of the donation portal also complies with the data protection regulations when handling your data.

Specifically, we require information on:

Name,
Addres,
E-mail address
as well as any necessary payment data (the data required for this will be made transparent to you in the course of the respective payment process selected by you).

In order to process your donation, KHS passes on personal data to your chosen service partner such as payment service providers (including banks, PayPal, credit card companies), the donation bank and the operator of the technical donation platform (GRÜN Software Group GmbH, Liebenwalder Str. 11, 13347 Berlin, www.gruen.net, kontakt@gruen.net), to the extent that this is necessary to fulfil your contract. In accordance with the contract and data protection law, the recipient may only use the transmitted data for the fulfilment of his or her task. Any use beyond this is not permitted.

We store the data required for the execution of the contract until your donation has been completed and processed. We store the data required under foundation or tax law in accordance with the legally prescribed retention periods. Personal data processed for the implementation of pre-contractual measures will be deleted within six months after entry if no contract was concluded.

(7) Use of cookies, plugins and other services on our website

a) Cookies

We use cookies on our websites. Cookies are small text files that are assigned to the browser you are using and stored on your hard drive with a characteristic character string and through which certain information flows to the place that sets the cookie. Cookies cannot run programs or transmit viruses to your computer and therefore cannot cause any damage. They serve to make the Internet offer more user-friendly and effective overall, i.e. more pleasant for you.

Cookies can contain data that make it possible to recognise the device used. In some cases, however, cookies only contain information on certain settings through which no reference to a person can be established. However, cookies cannot directly identify a user. A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session. A distinction is also made with regard to cookies regarding their function:

• Technical cookies: These are mandatory in order to navigate the website, use basic functions and ensure the security of the website; they do not collect information about you for marketing purposes, nor do they store which websites you have visited;
  
  
• Performance cookies: These collect information about how you use our website, which pages you visit and for example whether errors occur when using the website; they do not collect any information that could identify you - all information collected is anonymous and is only used to improve our website and find out what interests our users;
  
  

Any use of cookies that is not absolutely technically necessary constitutes data processing that is only permitted with your explicit and active consent pursuant to Art. 6 (1) (a) GDPR. This applies in particular to the use of advertising, targeting or sharing cookies. Furthermore, we will only transfer your personal data that is processed by cookies to third parties if you have given your express consent to this in accordance with Art. 6 (1) (a) GDPR.

b) Cookie Policy

For more information about which cookies we use and how to manage your cookie settings and opt out of certain types of tracking, please see our Cookie Policy.

c) Social media plugins

We do not use any social media plugins on our websites. If our websites contain symbols from social media providers (e.g. Instagram und Twitter), we only use them for passive linking to the pages of the respective providers.

This website uses the web analysis software Matomo to evaluate user access.

The data processing is based on your consent (Art. 6 para. 1 lit. a DSGVO).

On the server with the web analysis software, your IP address is anonymized immediately after transmission. A personal reference of the anonymized IP address is thus excluded. The web analysis software then processes the anonymized IP address for statistical evaluation of accesses.

Cookies are small text files used by websites to make the user experience more efficient. By law, we can store cookies on your device if they are absolutely necessary for the operation of this site. For all other cookie types, we need your permission. This site uses different types of cookies.

Necessary cookies help make a website usable by enabling basic functions such as page navigation and access to secure areas of the website. The website cannot function properly without these cookies.

Preference cookies allow a website to remember information that affects the way a website behaves or looks, such as your preferred language or the region you are in.

Statistics cookies help website owners understand how visitors interact with websites by collecting and reporting information anonymously.

Marketing cookies are used to follow visitors around websites. The intent is to show ads that are relevant and engaging to the individual user and therefore more valuable to publishers and advertising third parties.

The following cookies are used on this website: