Legal Notice

DIEGESIS. Interdisziplinäres E-Journal für Erzählforschung / Interdisciplinary E-Journal for Narrative Research

University of Wuppertal
School of Humanities
Gauss Str. 20
D-42119 Wuppertal
Germany

Responsibility for content in line with § 5 TMG and § 55 sec. 2 RStV

Prof. Dr. Michael Scheffel (for address see above)

Contact

diegesis@uni-wuppertal.de

Disclaimer

Notwithstanding diligent content review, we assume no liability for the content of external links. These do not constitute an offer from DIEGESIS. The operators of the linked pages are solely responsible for their content.

Protection of Personal Data

Names and email addresses entered on the journal's websites shall be used exclusively for the stated purposes and shall not be disclosed to third parties.

Scope of Personal Data Processing

We generally process personal data of our users only to the extent necessary to provide a functional website, as well as our content and services. The processing of our users' personal data regularly occurs only with the user's consent. An exception applies in cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by legal provisions.

Legal Bases for the Processing of Personal Data

To the extent that we obtain the consent of the data subject for personal data processing operations, Article 6, Paragraph 1, Lit. a of the General Data Protection Regulation (GDPR) serves as the legal basis.

For the processing of personal data necessary for the performance of a contract to which the data subject is a party, Article 6, Paragraph 1, Lit. b GDPR serves as the legal basis. This also applies to processing operations necessary for the implementation of pre-contractual measures.

To the extent that the processing of personal data is necessary for compliance with a legal obligation to which our entity is subject, Article 6, Paragraph 1, Lit. c GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person necessitate the processing of personal data, Article 6, Paragraph 1, Lit. d GDPR serves as the legal basis.

If processing is necessary for the purposes of the legitimate interests pursued by our entity or by a third party, and such interests are not overridden by the interests or fundamental rights and freedoms of the data subject, Article 6, Paragraph 1, Lit. f GDPR serves as the legal basis for processing.

Data Deletion and Retention Period

The personal data of the data subject shall be deleted or restricted as soon as the purpose of storage ceases to apply. Storage may also occur if provided for by European or national legislators in Union regulations, laws, or other provisions to which the controller is subject. Data shall also be restricted or deleted when a storage period prescribed by the aforementioned norms expires, unless there is a necessity for further storage of the data for the conclusion or fulfillment of a contract.

Provision of the Website and Creation of Log Files

Description and Scope of Data Processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer. The following data are collected:

  • Information about the browser type and version used
  • The users' operating system
  • The users' Internet service provider
  • The users' IP address
  • Date and time of access
  • Websites from which the users' system accesses our website
  • Websites accessed by the users' system via our website

The data are also stored in the log files of our system. This data is not stored together with other personal data of the users.

Legal Basis for Data Processing

The legal basis for the temporary storage of data and log files is Article 6, Paragraph 1, Lit. f GDPR, as there is a legitimate interest in site optimization and in the detection and elimination of malfunctions.

Purpose of Data Processing

The temporary storage of the IP address by the system is necessary to enable the delivery of the website to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.

Storage in log files is done to ensure the functionality of the website. Furthermore, the data serve us for optimizing the website and ensuring the security of our information technology systems. Data evaluation for marketing purposes does not take place in this context.

These purposes also constitute our legitimate interest in data processing pursuant to Article 6, Paragraph 1, Lit. f GDPR.

Duration of Storage

The data shall be deleted as soon as they are no longer required for the purpose for which they were collected. In the case of data collection for the provision of the website, this is the case when the respective session has ended.

In the case of data storage in log files, this is the case after seven days at the latest. In this case, the users' IP addresses are deleted or anonymized, so that an assignment of the accessing client is no longer possible.

Right to Object and Removal Options

The collection of data for the provision of the website and the storage of data in log files are absolutely essential for the operation of the website. Consequently, there is no right to object on the part of the users.

Use of Cookies

Description and Scope of Data Processing

Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the users' computer system. If users access a website, a cookie may be stored on the users' operating system. This cookie contains a characteristic string of characters that enables a unique identification of the browser when the website is revisited.

On our website, we use cookies that allow for an analysis of the users' Browse behavior.

  • _pk_id.XXXXX ID cookie with a validity period of 13 months
  • _pk_ses.XXXX Session cookie with a validity period of 1 hour

The analysis cookies are used to improve the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can thus continuously optimize our offer. By evaluating the data obtained, we are able to compile information about the use of the individual components of our website. This helps us to continuously improve our website and its user-friendliness. These purposes also constitute our legitimate interest in the processing of data pursuant to Article 6, Paragraph 1, Lit. f GDPR. By anonymizing the IP address, the users' interest in the protection of their personal data is sufficiently taken into account.

On our website, we use the open-source software tool Matomo (formerly PIWIK) to analyze the Browse behavior of our users. When individual pages of our website are accessed, the following data are stored:

  • Two bytes of the IP address of the user's accessing system
  • The accessed website
  • The website from which the users accessed the accessed website (referrer)
  • The subpages accessed from the accessed website
  • The time spent on the website
  • The frequency of website access

The software runs exclusively on our entity's servers. Personal data of the users are stored only there. Data is not transferred to third parties.

The software is configured so that the IP addresses are not stored in full, but 2 bytes of the IP address are masked (e.g., 192.168.xxx.xxx). In this way, an assignment of the shortened IP address to the accessing computer is no longer possible.

Legal Basis for Data Processing

The legal basis for the processing of users' personal data and the use of cookies is Article 6, Paragraph 1, Lit. f GDPR.

Duration of Storage, Right to Object, and Removal Options

The data shall be deleted as soon as they are no longer required for our recording purposes.

Cookies are stored on the user's computer and transmitted from there to our site. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Already stored cookies can be deleted at any time. This can also be done automatically. If cookies for our website are deactivated, it may no longer be possible to fully utilize all functions of the website.

Rights of Data Subjects

If your personal data is processed, you are a data subject within the meaning of the GDPR and have the following rights.

Right of Access

You have the right to obtain from the controller confirmation as to whether or not personal data concerning you are being processed by us. If such processing is occurring, you may request access to the following information from the controller:

  • the purposes of the processing of personal data;
  • the categories of personal data concerned;
  • the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
  • the envisaged period for which the personal data concerning you will be stored, or, if specific information is not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing;
  • the right to lodge a complaint with a supervisory authority;
  • any available information as to their source where the personal data are not collected from the data subject;
  • the existence of automated decision-making, including profiling, referred to in Article 22, Paragraphs 1 and 4 GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You have the right to be informed whether personal data concerning you are transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer.

This right of access may be restricted to the extent that it is likely to render impossible or seriously impair the achievement of the purposes of research or statistical purposes and the restriction is necessary for the fulfillment of the research or statistical purposes.

Right to Rectification

You have the right to obtain from the controller the rectification and/or completion of inaccurate or incomplete personal data concerning you without undue delay.

Your right to rectification may be restricted to the extent that it is likely to render impossible or seriously impair the achievement of the purposes of research or statistical purposes and the restriction is necessary for the fulfillment of the research or statistical purposes.

Right to Restriction of Processing

You may request the restriction of processing of personal data concerning you where one of the following applies:

  • the accuracy of the personal data is contested by you, for a period enabling the controller to verify the accuracy of the personal data;
  • the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
  • the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims; or
  • you have objected to processing pursuant to Article 21, Paragraph 1 GDPR pending the verification whether the legitimate grounds of the controller override yours.

Where processing of personal data concerning you has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If the restriction of processing has been restricted according to the above conditions, you will be informed by the controller before the restriction is lifted.

Your right to restriction of processing may be restricted to the extent that it is likely to render impossible or seriously impair the achievement of the purposes of research or statistical purposes and the restriction is necessary for the fulfillment of the research or statistical purposes.

Right to Erasure

Obligation to Erase

You have the right to obtain from the controller the erasure of personal data concerning you without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

  • the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
  • you withdraw consent on which the processing is based according to Article 6, Paragraph 1, Lit. a or Article 9, Paragraph 2, Lit. a GDPR, and where there is no other legal ground for the processing;
  • you object to the processing pursuant to Article 21, Paragraph 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21, Paragraph 2 GDPR;
  • the personal data have been unlawfully processed;
  • the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
  • the personal data have been collected in relation to the offer of information society services referred to in Article 8, Paragraph 1 GDPR.

Information to Third Parties

Where the controller has made the personal data public and is obliged pursuant to Article 17, Paragraph 1 GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers who are processing the personal data that you, as the data subject, have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

Exceptions

The right to erasure shall not apply to the extent that processing is necessary:

  • for exercising the right of freedom of expression and information;
  • for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • for reasons of public interest in the area of public health in accordance with Article 9, Paragraph 2, Lit. h and i as well as Article 9, Paragraph 3 GDPR;
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89, Paragraph 1 GDPR in so far as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
  • for the establishment, exercise or defense of legal claims.

Right to Notification

If you have asserted the right to rectification, erasure, or restriction of processing against the controller, the controller is obliged to communicate this rectification or erasure of data or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort. You have the right to be informed about these recipients by the controller.

Right to Data Portability

You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

  • the processing is based on consent pursuant to Article 6, Paragraph 1, Lit. a GDPR or Article 9, Paragraph 2, Lit. a GDPR or on a contract pursuant to Article 6, Paragraph 1, Lit. b GDPR; and
  • the processing is carried out by automated means.

In exercising your right to data portability, you shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This right shall not adversely affect the rights and freedoms of others.

The right to data portability shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Right to Object

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Article 6, Paragraph 1, Lit. e or f GDPR, including profiling based on those provisions.

The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.

Where personal data are processed for direct marketing purposes, you shall have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

You also have the right to object, on grounds relating to your particular situation, to processing of personal data concerning you carried out for scientific or historical research purposes or statistical purposes pursuant to Article 89, Paragraph 1 GDPR.

Your right to object may be restricted to the extent that it is likely to render impossible or seriously impair the achievement of the objectives of research or statistical purposes and the restriction is necessary for the fulfillment of the research or statistical purposes.

Right to Withdraw Data Protection Consent Declaration

You have the right to withdraw your data protection consent declaration at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

Automated Individual Decision-Making, Including Profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This shall not apply if the decision:

  • is necessary for entering into, or performance of, a contract between you and the controller;
  • is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
  • is based on your explicit consent.

However, these decisions shall not be based on special categories of personal data referred to in Article 9, Paragraph 1 GDPR, unless Article 9, Paragraph 2, Lit. a or g GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place. In the cases referred to in (1) and (3), the controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

Right to Lodge a Complaint with a Supervisory Authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR.

ISSN

2195-2116

Copyright

The content of this website and the articles published in this journal are licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 Unported License.

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