- PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. - BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT - OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO - BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO - ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR - USE THE CONTENT OR ANY SERVICES IN THE SITE. WIKIMEDIA DEUTSCHLAND'S - ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE - TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE - TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY WIKIMEDIA - DEUTSCHLAND. ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. -
-- Wikimedia Deutschland reserves the right, at its sole discretion, to - modify or replace the Terms of Use at any time. If the alterations - constitute a material change to the Terms of Use, Wikimedia - Deutschland will notify you in your event feed and by email if - allowed. What constitutes a "material change" will be determined at - Wikimedia Deutschland’s sole discretion, in good faith and using - common sense and reasonable judgement. You shall be responsible for - reviewing and becoming familiar with any such modifications. Use of - the Services by you following such notification constitutes your - acceptance of the terms and conditions of the Terms of Use as - modified. -
-- Wikimedia Deutschland hosts various MediaWiki and Wikibase based - projects and related services. Wikimedia Deutschland's public - content is available to anyone on the Internet. -
-- Wikimedia Deutschland is a hosting provider, and takes no - responsibility for the content uploaded by third parties. Wikimedia - Deutschland sites are provided "as is". Wikimedia Deutschland has no - responsibility for lack of availability of any site or of any - particular content. You should be aware that the sites can be edited - by the public, and, as such, may contain inappropriate content at - any time. Any use you make of content hosted by Wikimedia - Deutschland must be in line with the terms of that site's license. -
-- Any content you upload or post to any Wikimedia Deutschland site - must be compatible with the relevant license, not violate another - person's intellectual property or infringe on any copyright, patent, - trademark, trade secret, or other proprietary rights. No content - shall be added which violates any applicable law, including local, - state, national, and international laws. You understand that - Wikimedia Deutschland does not control, and is not responsible for - Content made available through the Service, and that by using the - Service, you may be exposed to Content that is offensive, indecent, - inaccurate, misleading, or otherwise objectionable. Furthermore, - under no circumstances will Wikimedia Deutschland be liable in any - way for any Content or for any loss or damage of any kind incurred - as a result of the use of any Content posted, emailed or otherwise - made available via the Service. -
-- You agree that you will not make any changes to Wikimedia - Deutschland that are in breach of the Content Policy and will make - efforts to remove or report any content which may be in breach of - such conditions as described in the policy. -
-- You acknowledge that Wikimedia Deutschland does not pre-screen or - approve Content, but that Wikimedia Deutschland shall have the right - (but not the obligation) in its sole discretion to refuse, delete or - move any Content that is available via the Service, for violating - the Terms of use or for any other reason. -
-- To allow users to browse Wikimedia Deutschland sites freely without - distress or upset, Wikimedia Deutschland users should not publish or - link to any of the following types of prohibited content. Wikimedia - Deutschland users should take action to remove such content or - report violations. -
-- You will indemnify and hold harmless Wikimedia Deutschland, its - parents, subsidiaries, affiliates, customers, vendors, officers and - employees from any liability, damage or cost (including reasonable - attorneys. fees and cost) from (i) any claim or demand made by any - third party due to or arising out of your access to the Site, use of - the Services, violation of the Terms of Use by you, or the - infringement by you, or any third party using your account or User - ID, of any intellectual property or other right of any person or - entity. -
-- Wikimedia Deutschland processes your personal data according to its - privacy policy. -
-- Regarding the Content you upload to the Service, Wikimedia - Deutschland acts as your data processor. For this purpose you and - Wikimedia Deutschland conclude the Data Processing Agreement in the - Appendix. -
-- You acknowledge that Wikimedia Deutschland has no control over, and - no duty to take any action regarding: which users gain access to the - Site or use the Services; what effects the Content may have on you; - how you may interpret or use the Content; or what actions you may - take as a result of having been exposed to the Content. You release - Wikimedia Deutschland from all liability for you having acquired or - not acquired Content through the Site or the Services. -
-- The Site or Services may contain, or direct you to sites containing, - information that some people may find offensive or inappropriate. - Wikimedia Deutschland makes no representations concerning any - content contained in or accessed through the Site or Services, and - Wikimedia Deutschland will not be responsible or liable for the - accuracy, copyright compliance, legality or decency of material - contained in or accessed through the Site or the Services. -
-- THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, - WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, - INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF - MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR - NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG - AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO - YOU. -
-- Wikimedia Deutschland reserves the right to close, move, merge, or - rename a site for any reason. Wikimedia Deutschland shall not be - held liable for any modification, suspension or discontinuance of - any site, or of the service as a whole. -
-- The Services may provide, or third parties may provide, links to - other World Wide Web sites or resources. Because Wikimedia - Deutschland has no control over such sites and resources, you - acknowledge and agree that Wikimedia Deutschland is not responsible - for the availability of such external sites or resources, and does - not endorse and is not responsible or liable for any Content, - advertising, products or other materials on or available from such - sites or resources. You further acknowledge and agree that Wikimedia - Deutschland shall not be responsible or liable, directly or - indirectly, for any damage or loss caused or alleged to be caused by - or in connection with use of or reliance on any such Content, goods - or services available on or through any such site or resource. -
-- We respect the intellectual property rights of others and we - prohibit users from uploading, posting or otherwise transmitting on - the Wikimedia Deutschland website or service any materials that - violate another party's intellectual property rights. When we - receive proper Notification of Alleged Copyright Infringement, we - promptly remove or disable access to the allegedly infringing - material and terminate the accounts of repeat infringers as - described herein in accordance with the Digital Millennium Copyright - Act. If you believe that any material on the Site infringes upon any - copyright which you own or control, you may send a written - notification of such infringement to us. -
-- You are solely responsible for your interactions with other - Wikimedia Deutschland users. We reserve the right, but have no - obligation, to monitor disputes between you and other users. -
-- You acknowledge and agree that any questions, comments, suggestions, - ideas, feedback or other information about the Site or the Service - ("Submissions"), provided by you to Wikimedia Deutschland on the - topic of the the Wikibase.cloud service are non-confidential and - shall become the sole property of Wikimedia Deutschland. Wikimedia - Deutschland shall own exclusive rights, including all intellectual - property rights, and shall be entitled to the unrestricted use and - dissemination of these Submissions for any purpose, commercial or - otherwise, without acknowledgment or compensation to you. -
-- Wikimedia Deutschland may terminate or suspend any and all Services - and your user account immediately, without prior notice or - liability, if you breach any of the terms or conditions of the Terms - of Use Upon termination of your account, your right to use the - Services will immediately cease. If you wish to terminate your - account, you may simply discontinue using the Services. All - provisions of the Terms of Use which by their nature should survive - termination shall survive termination, including, without - limitation, ownership provisions, warranty disclaimers, indemnity - and limitations of liability. -
-- These Terms of Use constitute the entire agreement between you and - Wikimedia Deutschland regarding the use of the Site and/or the - Service, superseding any prior agreements between you and Wikimedia - Deutschland relating to your use of the Site or the Service. The - failure of Wikimedia Deutschland to exercise or enforce any right or - provision of these Terms of Use shall not constitute a waiver of - such right or provision in that or any other instance. -
-- If any provision of this Agreement is held invalid, the remainder of - this Agreement shall continue in full force and effect. If any - provision of these Terms of Use shall be deemed unlawful, void or - for any reason unenforceable, then that provision shall be deemed - severable from these Terms of Use and shall not affect the validity - and enforceability of any remaining provisions. -
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- - The purpose of these Standard Contractual Clauses (the - Clauses) is to ensure compliance with Article 28(3) and (4) - of Regulation (EU) 2016/679 of the European Parliament and - of the Council of 27 April 2016 on the protection of natural - persons with regard to the processing of personal data and - on the free movement of such data, and repealing Directive - 95/46/EC (General Data Protection Regulation). - - |
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- - The controllers and processors listed in Annex I have agreed - to these Clauses in order to ensure compliance with Article - 28(3) and (4) of Regulation (EU) 2016/679 and/or Article - 29(3) and (4) of Regulation (EU) 2018/1725. - - |
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- - These Clauses apply to the processing of personal data as - specified in Annex II. - - |
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- Annexes I to IV are an integral part of the Clauses. - |
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- - These Clauses are without prejudice to obligations to which - the controller is subject by virtue of Regulation (EU) - 2016/679 and/or Regulation (EU) 2018/1725. - - |
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- - These Clauses do not by themselves ensure compliance with - obligations related to international transfers in accordance - with Chapter V of Regulation (EU) 2016/679 and/or Regulation - (EU) 2018/1725. - - |
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- - The Parties undertake not to modify the Clauses, except for - adding information to the Annexes or updating information in - them. - - |
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- - This does not prevent the Parties from including the - standard contractual clauses laid down in these Clauses in a - broader contract, or from adding other clauses or additional - safeguards provided that they do not directly or indirectly - contradict the Clauses or detract from the fundamental - rights or freedoms of data subjects. - - |
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- - Where these Clauses use the terms defined in Regulation (EU) - 2016/679 or Regulation (EU) 2018/1725 respectively, those - terms shall have the same meaning as in that Regulation. - - |
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- - These Clauses shall be read and interpreted in the light of - the provisions of Regulation (EU) 2016/679 or Regulation - (EU) 2018/1725 respectively. - - |
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- - These Clauses shall not be interpreted in a way that runs - counter to the rights and obligations provided for in - Regulation (EU) 2016/679 / Regulation (EU) 2018/1725 or in a - way that prejudices the fundamental rights or freedoms of - the data subjects. - - |
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- In the event of a contradiction between these Clauses and the - provisions of related agreements between the Parties existing at the - time when these Clauses are agreed or entered into thereafter, these - Clauses shall prevail. -
-- The details of the processing operations, in particular the - categories of personal data and the purposes of processing for which - the personal data is processed on behalf of the controller, are - specified in Annex II. -
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- - The processor shall process personal data only on documented - instructions from the controller, unless required to do so - by Union or Member State law to which the processor is - subject. In this case, the processor shall inform the - controller of that legal requirement before processing, - unless the law prohibits this on important grounds of public - interest. Subsequent instructions may also be given by the - controller throughout the duration of the processing of - personal data. These instructions shall always be - documented. - - |
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- - The processor shall immediately inform the controller if, in - the processor’s opinion, instructions given by the - controller infringe Regulation (EU) 2016/679 / Regulation - (EU) 2018/1725 or the applicable Union or Member State data - protection provisions. - - |
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- The processor shall process the personal data only for the specific - purpose(s) of the processing, as set out in Annex II, unless it - receives further instructions from the controller. -
-- Processing by the processor shall only take place for the duration - specified in Annex II. -
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- - The processor shall at least implement the technical and - organisational measures specified in Annex III to ensure the - security of the personal data. This includes protecting the - data against a breach of security leading to accidental or - unlawful destruction, loss, alteration, unauthorised - disclosure or access to the data (personal data breach). In - assessing the appropriate level of security, the Parties - shall take due account of the state of the art, the costs of - implementation, the nature, scope, context and purposes of - processing and the risks involved for the data subjects. - - |
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- - The processor shall grant access to the personal data - undergoing processing to members of its personnel only to - the extent strictly necessary for implementing, managing and - monitoring of the contract. The processor shall ensure that - persons authorised to process the personal data received - have committed themselves to confidentiality or are under an - appropriate statutory obligation of confidentiality. - - |
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- If the processing involves personal data revealing racial or ethnic - origin, political opinions, religious or philosophical beliefs, or - trade union membership, genetic data or biometric data for the - purpose of uniquely identifying a natural person, data concerning - health or a person’s sex life or sexual orientation, or data - relating to criminal convictions and offences (“sensitive data”), - the processor shall apply specific restrictions and/or additional - safeguards. -
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- - The Parties shall be able to demonstrate compliance with - these Clauses. - - |
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- - The processor shall deal promptly and adequately with - inquiries from the controller about the processing of data - in accordance with these Clauses. - - |
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- - The processor shall make available to the controller all - information necessary to demonstrate compliance with the - obligations that are set out in these Clauses and stem - directly from Regulation (EU) 2016/679 and/or Regulation - (EU) 2018/1725. At the controller’s request, the processor - shall also permit and contribute to audits of the processing - activities covered by these Clauses, at reasonable intervals - or if there are indications of non-compliance. In deciding - on a review or an audit, the controller may take into - account relevant certifications held by the processor. - - |
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- - The controller may choose to conduct the audit by itself or - mandate an independent auditor. Audits may also include - inspections at the premises or physical facilities of the - processor and shall, where appropriate, be carried out with - reasonable notice. - - |
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- - The Parties shall make the information referred to in this - Clause, including the results of any audits, available to - the competent supervisory authority/ies on request. - - |
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- - GENERAL WRITTEN AUTHORISATION: The processor has the - controller’s general authorisation for the engagement of - sub-processors from an agreed list. The processor shall - specifically inform in writing the controller of any - intended changes of that list through the addition or - replacement of sub-processors at least two months - in advance, thereby giving the controller sufficient time to - be able to object to such changes prior to the engagement of - the concerned sub-processor(s). The processor shall provide - the controller with the information necessary to enable the - controller to exercise the right to object. - - |
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- - Where the processor engages a sub-processor for carrying out - specific processing activities (on behalf of the - controller), it shall do so by way of a contract which - imposes on the sub-processor, in substance, the same data - protection obligations as the ones imposed on the data - processor in accordance with these Clauses. The processor - shall ensure that the sub-processor complies with the - obligations to which the processor is subject pursuant to - these Clauses and to Regulation (EU) 2016/679 and/or - Regulation (EU) 2018/1725. - - |
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- - At the controller’s request, the processor shall provide a - copy of such a sub-processor agreement and any subsequent - amendments to the controller. To the extent necessary to - protect business secret or other confidential information, - including personal data, the processor may redact the text - of the agreement prior to sharing the copy. - - |
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- - The processor shall remain fully responsible to the - controller for the performance of the sub-processor’s - obligations in accordance with its contract with the - processor. The processor shall notify the controller of any - failure by the sub-processor to fulfil its contractual - obligations. - - |
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- - The processor shall agree a third party beneficiary clause - with the sub-processor whereby - in the event the processor - has factually disappeared, ceased to exist in law or has - become insolvent - the controller shall have the right to - terminate the sub-processor contract and to instruct the - sub-processor to erase or return the personal data. - - |
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- - Any transfer of data to a third country or an international - organisation by the processor shall be done only on the - basis of documented instructions from the controller or in - order to fulfil a specific requirement under Union or Member - State law to which the processor is subject and shall take - place in compliance with Chapter V of Regulation (EU) - 2016/679 or Regulation (EU) 2018/1725. - - |
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- - The controller agrees that where the processor engages a - sub-processor in accordance with Clause 7.7. for carrying - out specific processing activities (on behalf of the - controller) and those processing activities involve a - transfer of personal data within the meaning of Chapter V of - Regulation (EU) 2016/679, the processor and the - sub-processor can ensure compliance with Chapter V of - Regulation (EU) 2016/679 by using standard contractual - clauses adopted by the Commission in accordance with of - Article 46(2) of Regulation (EU) 2016/679, provided the - conditions for the use of those standard contractual clauses - are met. - - |
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- - The processor shall promptly notify the controller of any - request it has received from the data subject. It shall not - respond to the request itself, unless authorised to do so by - the controller. - - |
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- - The processor shall assist the controller in fulfilling its - obligations to respond to data subjects’ requests to - exercise their rights, taking into account the nature of the - processing. In fulfilling its obligations in accordance with - (a) and (b), the processor shall comply with the - controller’s instructions - - |
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- - In addition to the processor’s obligation to assist the - controller pursuant to Clause 8(b), the processor shall - furthermore assist the controller in ensuring compliance - with the following obligations, taking into account the - nature of the data processing and the information available - to the processor: - -
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- - The Parties shall set out in Annex III the appropriate - technical and organisational measures by which the processor - is required to assist the controller in the application of - this Clause as well as the scope and the extent of the - assistance required. - - |
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- In the event of a personal data breach, the processor shall - cooperate with and assist the controller for the controller to - comply with its obligations under Articles 33 and 34 of Regulation - (EU) 2016/679 or under Articles 34 and 35 of Regulation (EU) - 2018/1725, where applicable, taking into account the nature of - processing and the information available to the processor. -
-8.1 Data breach concerning data processed by the controller
-- In the event of a personal data breach concerning data processed by - the controller, the processor shall assist the controller: -
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- (a) - |
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- - in notifying the personal data breach to the competent - supervisory authority/ies, without undue delay after the - controller has become aware of it, where relevant/(unless - the personal data breach is unlikely to result in a risk to - the rights and freedoms of natural persons); - - |
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- - in obtaining the following information which, pursuant to - Article 33(3) of Regulation (EU) 2016/679, shall be stated - in the controller’s notification, and must at least include: - -
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- Where, and insofar as, it is not possible to provide all this - information at the same time, the initial notification shall contain - the information then available and further information shall, as it - becomes available, subsequently be provided without undue delay. -
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- - in complying, pursuant to Article 34 of Regulation (EU) - 2016/679, with the obligation to communicate without undue - delay the personal data breach to the data subject, when the - personal data breach is likely to result in a high risk to - the rights and freedoms of natural persons. - - |
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- In the event of a personal data breach concerning data processed by - the processor, the processor shall notify the controller without - undue delay after the processor having become aware of the breach. - Such notification shall contain, at least: -
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- - a description of the nature of the breach (including, where - possible, the categories and approximate number of data - subjects and data records concerned); - - |
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- - the details of a contact point where more information - concerning the personal data breach can be obtained; - - |
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- - its likely consequences and the measures taken or proposed - to be taken to address the breach, including to mitigate its - possible adverse effects. - - |
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- Where, and insofar as, it is not possible to provide all this - information at the same time, the initial notification shall contain - the information then available and further information shall, as it - becomes available, subsequently be provided without undue delay. -
-- The Parties shall set out in Annex III all other elements to be - provided by the processor when assisting the controller in the - compliance with the controller’s obligations under Articles 33 and - 34 of Regulation (EU) 2016/679. -
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- - Without prejudice to any provisions of Regulation (EU) - 2016/679 and/or Regulation (EU) 2018/1725, in the event that - the processor is in breach of its obligations under these - Clauses, the controller may instruct the processor to - suspend the processing of personal data until the latter - complies with these Clauses or the contract is terminated. - The processor shall promptly inform the controller in case - it is unable to comply with these Clauses, for whatever - reason. - - |
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- - The controller shall be entitled to terminate the contract - insofar as it concerns processing of personal data in - accordance with these Clauses if: - -
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- - The processor shall be entitled to terminate the contract - insofar as it concerns processing of personal data under - these Clauses where, after having informed the controller - that its instructions infringe applicable legal requirements - in accordance with Clause 7.1 (b), the controller insists on - compliance with the instructions. - - |
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- - Following termination of the contract, the processor shall, - at the choice of the controller, delete all personal data - processed on behalf of the controller and certify to the - controller that it has done so, or, return all the personal - data to the controller and delete existing copies unless - Union or Member State law requires storage of the personal - data. Until the data is deleted or returned, the processor - shall continue to ensure compliance with these Clauses. - - |
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- Controller(s): [Identity and contact details of the controller(s), - and, where applicable, of the controller’s data protection officer] -
-The User who concluded the Agreement above.
-- Processor(s): [Identity and contact details of the processor(s) and, - where applicable, of the processor’s data protection officer] -
-- Wikimedia Deutschland e. V., Tempelhofer Ufer 23-24, 10369 Berlin -
-Categories of data subjects whose personal data is processed
-- - Any categories of data subjects contained in the data uploaded by - the User. -
-Categories of personal data processed
-- - Any categories of personal data contained in the data uploaded by - the User. -
-- Sensitive data processed (if applicable) and applied restrictions or - safeguards that fully take into consideration the nature of the data - and the risks involved, such as for instance strict purpose - limitation, access restrictions (including access only for staff - having followed specialised training), keeping a record of access to - the data, restrictions for onward transfers or additional security - measures. -
-- - The categories of personal data may include sensitive data - depending on the Content uploaded by the User. Since Wikimedia has - no knowledge of the specific categories processed it lies in the - User’s responsibility to ensure that the safeguards are sufficient - to process the specific categories of personal data. -
-Nature of the processing
-- - Any processing necessary to fulfil the contractual purposes. - Especially collection, storage, disclosure and dissemination and - making publicly available as well as anonymization and/or deletion. -
-- Purpose(s) for which the personal data is processed on behalf of the - controller -
-- - Publishing the Wikibase as well as the data uploaded to and - contained in it and making it available to the public. Wikimedia - does not act as a processor for the User with regard to the - processing of personal data of persons browsing the Wikibase and any - personal data that is processed to establish the connection. -
-Duration of the processing
-- - The rules of the Agreement regarding the Term and Termination - apply. -
-- For processing by (sub-) processors, also specify subject matter, - nature and duration of the processing -
- - -- - Technical and organisational measures including technical and - organisational measures to ensure the security of the data - -
-- You may obtain a copy of our technical and organisational measures - on request, to do so please send an email to: - datenschutz@wikimedia.de. -
-- This Annex needs to be completed in case of specific authorisation - of sub-processors (Clause 7.7(a), Option 1). -
-- The controller has authorised the use of the following - sub-processors: -
-Name: Google Ireland Ltd.
-Address: Gordon House, Barrow Street, Dublin 4
-Contact person’s name, position and contact details:
-Google LLC
-1600 Amphitheatre Parkway
-Mountain View, CA 94043
-USA
-Tel: +1 650 253 0000
-E-Mail: support-de@google.com
-- Description of the processing (including a clear delimitation of - responsibilities in case several sub-processors are authorised): - Hosting of the Wikibase.cloud service -
-Name: Mailgun Technologies, Inc
-Address: 112 E Pecan St #1135, San Antonio, TX 78205
-Description of the processing : Email service provisioning
-