For reasons of better readability, gender-specific language forms are not used. All references to persons apply regardless of the grammatical formulation for all persons regardless of their gender.
In order to guarantee research and teaching at the TU Bergakademie Freiberg, the lecturers have access to licenses of the audio/video conferencing service „Zoom“, which is centrally administered by the e-learning team of the Media Center of the TU Bergakademie Freiberg. The use of the Zoom service should basically be limited to the area in which other services such as Big Blue Button and DFNconf reach their capacity and/or feasibility.
In the following the data processing is explained, which is done by using Zoom licenses at TU Bergakademie Freiberg. In addition, contact persons and the rights to which the data subjects are entitled are also mentioned.
By using Zoom, the persons concerned agree to the processing of their personal data.
1. Contact person
Responsible persons in terms of the EU General Data Protection Regulation (GDPR):
Technische Universität Bergakademie Freiberg
Akademiestrasse 6
09599 Freiberg
Phone: 03731 39-0
Internet: https://tu-freiberg.de/
Data protection officer of the TU Bergakademie Freiberg:
Mrs. Ulrike Unger
Phone: 03731 39-3243
e-mail:
Competent supervisory authority for data protection:
Saxon Data Protection Commissioner
Ms. Dr. Juliane Hundert
Devrientstr. 5
01067 Dresden
Telefon: 0351 85471 101
Telefax: 0351 85471 109
E-Mail:
Internet: https://www.saechsdsb.de
2. Purpose of data processing
The service Zoom is used at the TU Bergakademie Freiberg to ensure teaching and research at the university and thus the fulfillment of the university tasks according to SächsHSFG.
The use of Zoom licenses of TU Bergakademie Freiberg for private purposes is excluded.
3. Legal basis for data processing
If personal data of students as well as other members and relatives of the TU Bergakademie Freiberg who are not in an employment relationship with the TU Bergakademie Freiberg are processed for the organization or participation in teaching or organizational events, this is done on the basis of art. 6 para. 1 sentence 1 letter e) DSGVO in connection with § 14 para. 1 sentence 1 no. 1 var. 2 SächsHSFG. Accordingly, data processing is lawful if it is necessary for the implementation of the course of study.
Insofar as the processing of personal data of employees of the TU Bergakademie Freiberg is necessary for the performance of the tasks assigned to them and thus for the execution of the employment relationship, Art. 6 para. 1 p. 1 lit. b) DSGVO in connection with contractual provisions serves as the legal basis for the data processing.
Otherwise, personal data is processed on the basis of the consent of the data subject in accordance with Art. 6 para. 1 sentence 1 lit. a) DSGVO.
4. Scope of data processing
If a user profile is created, the user must enter his or her surname, first name, password and e-mail address. On a voluntary basis, users can enter and manage additional data (e.g. telephone number, profile picture). It should be noted that owners of a user profile should generally only provide the data required for the respective use.
Participation in a zoom meeting is also possible without registration/without a user profile. In order to enter a meeting room, a participant’s name is required. It is not absolutely necessary to enter the clear name; a fantasy name, a sequence of numbers, a combination of numbers and letters or similar is generally sufficient. Persons who do not want to appear with their real name are recommended to participate in a meeting with a fantasy name or similar from the first time they use Zoom.
When dialing in by phone, data on incoming and outgoing phone numbers, country name, start and real time and other connection data may be collected.
The following meeting metadata is also processed: Theme (defined by the organizer), description (optional), participant IP addresses, device/hardware information (information on browser, headphones, webcam, etc.). Periodically, Zoom will not be able to relate to a specific person based on an IP address. However, conclusions can be drawn about the Internet provider and the region in which the participant is located. Using VPN access, the participant can disguise his IP address.
In addition, video and audio data are processed as well as all other data that can be entered by the participant, such as chat entries. Please note that when meeting participants actively use chat or other optional functions, they agree that the necessary data processing will take place, i.e. that the chat entries will be visible to the other meeting participants.
A recording of a meeting is only permitted with the express consent of all meeting participants. The default settings of the zoom licenses of the TU Bergakademie Freiberg are selected in such a way that automatic recording does not occur.
The provision of personal data for the use of Zoom is not required by law. Insofar as the provision of personal data is a mandatory prerequisite for the creation of a user profile, this results from the terms of use of Zoom. In addition, the default settings for the Zoom licenses of the TU Bergakademie Freiberg have been selected in such a way that participation in Zoom meetings can be carried out to the greatest possible extent in a data-saving manner.
An automated decision making process including profiling according to Art. 22 para. 1 and 4 DSGVO does not take place.
5. Recipient of personal data
Personal data which are processed within the scope of the use of Zoom are basically only available at the TU Bergakademie Freiberg to those employees who need these data for the fulfilment of their tasks and for the fulfilment of the purpose mentioned under point 2. This does not apply if the TU Bergakademie Freiberg is obliged to pass on the data.
In addition, the data is passed on to Zoom Video Communications, Inc. with headquarters in San Jose, California/USA on the basis of a contract processing relationship.
Contact details Zoom Video Communications, Inc:
Zoom
San Jose Headquarters
55 Almaden Boulevard, 6th floor
San Jose, CA 95113, USA
Phone: +1.888.799.9666
e-mail:
Contact details Zoom Video Communications, Inc. within Europe:
Zoom France
33 rue Lafayette
75009 Paris, France
Phone: +33.800.94.64.64
e-mail:
The transmission of data to Zoom Video Communications, Inc. is based on standard data protection clauses approved by the EU Commission (Art. 46 para. 2 lit. c) GDPR).
In addition, Zoom Video Communications, Inc. cooperates with various subcontractors in the provision of the services, provided that they offer sufficient guarantees that suitable technical and organizational measures are in place to ensure data processing in accordance with legal requirements. A list of the subcontractors is available at the following link: https://zoom.us/de-de/subprocessors.html
6. Storage of personal data
The personal data processed by the use of Zoom is only stored for as long as it is necessary to fulfil the purpose. This does not apply if a longer storage or retention period is required by law or necessary for law enforcement.
The user can delete user profiles independently. User profiles which were created within the scope of a zoom license of the TU Bergakademie Freiberg are to be deleted as soon as they are no longer required for the fulfillment of the purpose, at the latest when the user leaves the TU Bergakademie Freiberg.
7. Rights of data subjects
If personal data are processed, each of the data subjects is basically entitled to the following rights according to the GDPR towards the TU Bergakademie Freiberg.
– Right of access by the data subject, Art. 15 GDPR
– Right to rectification, Art. 16 GDPR
– Right to erasure, Art. 17 GDPR
– Right to restriction of processing, Art. 18 GDPR
– Right of information, Art. 19 GDPR
– Right to data portability, Art. 20 GDPR
– Right to object, Art. 21 GDPR
– Right to withdraw consent, Art. 7 para. 3 GDPR (in case of processing based on consent)
If a data subject wishes to exercise one or more of the above rights, please contact us:
Technische Universität Bergakademie Freiberg
Media Center/E-Learning
Prüferstraße 1
09599 Freiberg
e-mail:
Whether the person concerned is actually entitled to the asserted right in the concrete individual case is examined by the data protection officer of the TU Bergakademie Freiberg.
Furthermore, the person concerned has the right to complain to a supervisory authority, Art. 77 GDPR.
Further information on data protection can be found at the following link: https://zoom.us/docs/de-de/privacy-and-legal.html