Privacy policy

Good Move gGmbH – Guerrilla Foundation – Data Protection Policy

It is important to us that you understand and are happy with how we use your information. Please take time to read this policy in full.

1. Identity and contact details of the Data Controller.

1.1. The Good Move gGmbH, also called the Good Move gGmbH, is the Data Controller. For the Good Move gGmbH data will be processed by the staff, also called the Good Move gGmbH Team. Members of the Good Move gGmbH staff (i.e. the Guerrilla Foundation Team) are Data Processors.

1.2. The Data Controller and the Good Move gGmbH staff (i.e. Guerrilla Foundation Team) can be contacted via: hello@guerrillafoundation.org

2. Data Subjects

2.1. This Privacy Policy applies to all persons whose personal data is held by the Good Move gGmbH.

3. Purpose of the processing and the lawful basis for the processing

3.1. The Good Move gGmbH will only hold and process personal data on bases which are lawful.

3.2. The same personal data may be held and processed for different purposes and, therefore, under different lawful bases.

3.3. The lawful bases and purposes under which personal data may be processed by the Good Move gGmbH are as follows.

3.3.1. Legal Obligation {LO}

The Good Move gGmbH holds and processes personal data, to enable the Good Move gGmbH to comply with relevant legislation. Data held under legal obligation will only be processed for the relevant purposes as is required by law and will only be shared with other organisations as is allowed by law and which are compliant with the General Data Protection Regulation (GDPR). This will include the sharing of personal data which are, by law, destined for the public domain.

3.3.2. Legitimate Interest {LI}

The Good Move gGmbH legitimately needs to hold the personal data for the purpose of administering the Good Move gGmbH efficiently, effectively and economically in pursuit of its charitable purposes. This will include, but is not limited to, the communication of information relevant to the governance and administration of the Good Move gGmbH to and between Team & Board members, applicants and grantees, and the sharing of knowledge and expertise between applicants, grantees and the staff and decision making body (i.e. Guerrilla Foundation Team & Board) specifically to further the legitimate interests of the Good Move gGmbH.

3.3.3. Subject Consent {SC}

The Good Move gGmbH may, subject to consent, use personal data to keep data subjects informed of the wider activities of the Good Move gGmbH, particularly those in which they have special experience and/or expertise or in which they have expressed a particular interest. This will include providing them with information relating to any networking activities which the Good Move gGmbH undertakes (eg via email). Their personal data will also be used to ensure that any activities for which they are required, or are invited, to participate in are appropriately tailored to any specific needs that they have. The Good Move gGmbH will not share personal data with any other individual, group or organisation for any purpose other than those which are directly related to the activities and charitable purposes of the Good Move gGmbH.

3.3.4. The right to withdraw consent at any time

Data subjects have the right to withdraw consent for the Good Move gGmbH’s use of their personal data which has been provided with consent for use by the Good Move gGmbH for promoting its general activities and purposes. They do not have the right to withdraw consent for the Good Move gGmbH’s use of their personal data when the lawful basis for the Good Move gGmbH holding and processing the data is either “Legal Obligation” or “Legitimate Interest”.

3.3.5. The right to require the erasure of personal data (right to be forgotten)

Data subjects have the right to require the Good Move gGmbH to erase any or all of their personal data which is held by the Good Move gGmbH for processing on the lawful basis of Legitimate Interest or Subject Consent. They do not have the right to require the Good Move gGmbH to erase any of their personal data held by the Good Move gGmbH when the Good Move gGmbH’s lawful basis for holding and processing the data is “Legal Obligation”.

3.3.6. The right to restrict processing

Data Subjects have the right to require the Good Move gGmbH to stop processing their data if they reasonably believe that there are significant inaccuracies in the data that the Good Move gGmbH holds or that the way in which the Good Move gGmbH processes their data produces inaccurate results.

3.3.7. The right to portability

Data Subjects have the right to require the Good Move gGmbH to provide them with a printed or computer-readable copy (ie: in a standard format which will allow the data to be transferred to another computer) of their personal data that the Good Move gGmbH holds for processing on the basis of Legitimate Interest.

4. The legitimate interests of the controller or third party, where applicable

4.1. Legitimate interests of the Controller

The legitimate interests of the Controller are:

  1. To ensure that the human resources available to the Good Move gGmbH – both volunteers (including interns, donors, board members) and staff (employees, freelancers) – are used effectively, efficiently and economically to pursue the purposes of the Good Move gGmbH for the public benefit;
  2. To promote and facilitate communication, cooperation and the sharing of experience and expertise between grantees, other volunteers, staff, funders and donors.

4.2. Legitimate interest of third parties

The legitimate interests of third parties (eg webhosts, service providers, etc.) are to ensure that the interests and well-being of the Data Subject are properly met when Good Move gGmbH activities are carried out by the third party.

4.3. Any recipient or categories of recipients of the personal data

The Good Move gGmbH may share Data Subjects’ personal data:

4.3.1. with the Bundesfinanzamt (national tax office), the Police, local authorities, the Courts and any other central or local government bodies where they request it and we may lawfully disclose it.

4.3.2. with the Good Move gGmbH’s professional advisors (eg: our lawyers, accountants) when they need it to provide appropriate advice on the Good Move gGmbH’s activities.

4.3.3. where we are legally obliged to do so, eg: to comply with a court order.

4.3.4. with other people who make a reasonable subject access request to us, provided that we are allowed to do so by law.

4.3.5. with service providers that help facilitate payment processes.

4.4. Retention period or criteria used to determine the retention period:

4.4.1. Data Subject’s personal data processed on the basis of Legal Obligation and shared with the Bundesfinanzamt are retained for the prevailing statutory period (currently 10 years).

4.4.2. Data Subjects’ personal data processed on the basis Subject Consent are retained for a period of time specified in advance to the Data Subject.

5. Details of transfers to third country and safeguards

5.1. The Good Move gGmbH does not transfer any personal data to third countries and/or safeguards.

6. The existence of each of data subject’s rights

6.1. Data subjects have all the data subject rights, as prescribed by the General Data Protection Regulation, namely the rights: 

  1. to be informed about the personal data held by the Data Controller on behalf of the Good Move gGmbH, the purpose(s) for which they are held; the manner in which they are processed; the recipients (if any) of the data;
  2. to be given access to their personal data;
  3. to request the erasure of their personal data;
  4. to withdraw consent (where given) for their personal data to be processed;
  5. to rectification – the correction of any error in the data and/or the completion of any incomplete data;
  6. to restrict processing – where they have legitimate justifiable concerns about the accuracy, validity or legality of data held by the Good Move gGmbH or the way in which the data are being processed. Data processing may be resumed once either the cause(s) of the concern has(have) been rectified or their concerns are demonstrated to be unjustified.
  7. to object to processing – where they have reasonable grounds relating to their impact on your particular circumstances and where the legal basis of the processing is Public Task or Legitimate Interest. However, the processing of their data can be resumed if the Data Controller can demonstrate compelling legitimate grounds for the processing which override their interests, rights and freedoms, or for the establishment, exercise or defence of legal claims;

7. The source the personal data originates from and whether it came from publicly accessible sources

7.1. Personal data may be obtained directly from the data subject or from publicly accessible sources.

7.2. Where personal data is not obtained directly from the Data Subject, due diligence will be undertaken to ensure that the source of the data complies with relevant data protection legislation.

8. The existence of automated decision making, including profiling and information about how decisions are made, the significance and the consequences.

8.1. The Good Move gGmbH uses an automated decision making software in the processing of personal data (Activist Digitizer and Application Manager – A.D.A.M). The software was created by the Good Move gGmbH and will only be used by the Good Move gGmbH staff and decision making body (i.e. Guerrilla Foundation Team and Board). This Privacy Policy applies to the use of A.D.A.M, next to the Terms of Use.

8.2. The Good Move gGmbH does not make personal data available to any other organisation for purposes of automated decision making, including profiling and information about how decisions are made.

9. The right to lodge a complaint with a supervisory authority

9.1. Data subjects have the right to lodge a complaint with their local data protection office/supervisory authority within the European Union; or the “Bundesbeauftragte für den Datenschutz und die Informationsfreiheit” (BfDI), in Germany where the Good Move gGmbH sits, if they are dissatisfied with the way that the Good Move gGmbH is collecting, holding, processing and using their personal data and they feel that their reasonable attempts to raise the issues and get them addressed have failed.

10. Is personal information secure?

10.1. The Good Move gGmbH takes the security of personal information very seriously.

10.2. The Good Move gGmbH complies with the relevant prevailing legislation which requires us to have in place appropriate security measures at all times, including where we share your information with others.

11. What additional information is collected and when?

11.1. In addition to the information collected in relation to the application and selection processes, the Good Move gGmbH holds and processes data for the purpose of managing our obligations and legitimate interests. We also collect and hold:

11.2. All information submitted to us when Data Subjects communicate with us by post, email, messaging, or other form based on audio-visual materials (eg: photographs, sound files, video) or text-based communication, whether physical (eg: ink & paper) or electronic.

11.3. Copies of any notes that we take, whether physical (eg: ink & paper) or electronic, during verbal communications between us (eg: telephone; Whatsapp®; Zoom®, etc.).

11.4. Information on what we communicate to Data Subjects by post, e-mail, messaging, or other form of image-based or text-based communication whether physical (eg: ink & paper) or electronic, including information in all ancillary materials (eg: attachments, images, brochures).

12. Updates to this policy

12.1. This policy will be updated from time to time as our services change.

12.2. We will endeavour to tell Data Subjects in advance by sending a service message to them if we hold their email address. Otherwise, they are advised to please check the The Good Move gGmbH website for notifications of significant changes to this policy.

12.3. If Data Subjects do not notify us that you wish the information that we hold on you to be deleted (ie: to have no further contact with us) we will take it that they accept the changes.

G
F