Privacy policy for Instagram

With the following information, we would like to inform you about the data protection aspects of our presence on Instagram at www.instagram.com/thelaend (hereinafter referred to as “Instagram account”). The Instagram account is operated and managed by the Department of State Marketing of the State Ministry of Baden-Württemberg.

Below you will find information on the purposes of using the Instagram account, alternative information and communication offers, the relevant legal basis, the type, scope and purposes of data processing by the State Ministry or Facebook, as well as your rights as a data subject and other sources of information.

Data controller and data protection officer

The Instagram account is operated by the State Ministry of Baden-Württemberg:


Department of State Marketing
Richard-Wagner-Straße 15
70184 Stuttgart
Germany

Fax: +49 (0)711 2153 425
E-mail: kontakt@thelaend.de

You can reach our data protection officer at the State Ministry at:

State Ministry of Baden-Württemberg
Data Protection Officer
Richard-Wagner-Straße 15
70184 Stuttgart
Germany

E-mail: Datenschutz@stm.bwl.de

Purposes of using the Instagram account

The State Ministry of Baden-Württemberg uses the Instagram account in order to be able to provide you with this online service for the performance of our duties in the public interest (public relations work for the umbrella brand campaign of the State of Baden-Württemberg).

Alternative information and communication services

The Instagram account is merely an additional offer for social media users. The State Ministry of Baden-Württemberg offers members of the public and other interested parties alternative information and communication options that can be used without drawbacks instead of the Instagram feed:

  • Our website www.theländ.de provides information about the campaign.

  • The service portal Service-BW offers an online residents’ service as well as information and assistance in contact with the authorities.

The State Ministry of Baden-Württemberg points out that the Instagram account is solely for information and communication purposes, but that no residents’ service or other administrative tasks can be provided through it.

Processing of personal data by Instagram/Facebook

The Instagram account is an online presence within the Instagram platform offered by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (hereinafter “Facebook”).

We would like to point out that you are using the Instagram service offered here and its functions on your own responsibility. This applies in particular to the use of interactive functions (e.g. liking, commenting).

By using Instagram, your personal data is collected, transferred, stored, disclosed and used by Facebook. Facebook processes your voluntarily entered data such as name and user name, e-mail address, telephone number or the contacts in your address book when you upload or synchronise it.

Facebook also evaluates the content you share to determine what topics you are interested in, stores and processes confidential messages you send directly to other users, and may use geolocation data, wireless network information or your IP address to determine your location in order to serve you advertising or other content.

For evaluation purposes, Facebook may use analysis tools such as Instagram Analytics or Google Analytics. The State Ministry has no influence on the use of such tools by Facebook and has not been informed about such potential use.

Finally, Facebook also receives information when you view content, for example, even if you have not created an account. This so-called “log data” may be the IP address, browser type, operating system, information about the website you previously visited and the pages you viewed, your location, your mobile provider, the terminal device you use (including device ID and application ID), the search terms you used and cookie information.

Through Instagram buttons or widgets embedded in websites and the use of cookies, it is possible for Facebook to record your visits to these websites and match them to your Instagram profile. This data can be used to offer content or advertising tailored to you.

You have options of restricting the processing of your data in the general settings of your Instagram account as well as as described under “Privacy settings” in the help section of Instagram (https://help.instagram.com/811572406418223/?helpref=hc_fnav). In addition, on mobile devices (smartphones, tablet computers) you can restrict Facebook’s access to contact and calendar data, photos, location data and so on in the settings options there. However, this depends on the operating system used.

For more information on data processing by Facebook, please view:

Processing of personal data by the State Ministry

The State Ministry may process personal data for communication purposes, in particular to reply to user comments on our Instagram page and to personal messages, as well as to share third-party content (e.g. liking, tagging).

Facebook provides the State Ministry with anonymised statistical data on visitors to the Instagram account via the “Insights” service. For this purpose, Facebook stores cookies on the end device of the visitor. If they are logged in as Instagram users, this cookie can be linked to the respective user account. If a user uses Instagram on several end devices, the collection and evaluation can also be carried out across devices. Facebook provides the information it hereby collects in the form of aggregated, anonymised data, which the State Ministry can use to evaluate how users interact with the Instagram account. The State Ministry has no access to the data on which the evaluations are based.

The State Ministry does not store personal data outside of Instagram.

Sharing your personal data with third parties | transfer to third countries

Your personal data will not be passed on to third parties by us – unless expressly explained above.

Facebook states that it shares infrastructure, systems and technologies with other Facebook companies. This may include the parent company Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. Facebook also shares information around the world, both internally between Facebook companies and externally with partners, as well as with third parties you connect with through Facebook services and with whom you share content. For details, please refer to Facebook’s privacy policy.

The personal data may also be transferred to the USA or other third countries for this purpose. These data transfers are necessary, according to Facebook, to provide the services set out in the Facebook terms of use and to operate globally.

Facebook transfers European data on the basis of standard data protection clauses, but reserves the right to use alternative transfer methods recognised by the GDPR (e.g. adequacy decisions). You can find more information about the standard data protection clauses at: https://www.facebook.com/help/566994660333381?ref=dp

Your rights

a) Right of objection

You may object to the processing of your personal data insofar as it is based on Article 6(1) sentence 1 f) GDPR (“legitimate interests”) (Article 21 GDPR). Your personal data will no longer be processed unless there are compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or if the processing is for the purposes of asserting, exercising or defending legal rights/claims. To exercise the right of objection, it is sufficient to send a short message to the above contact details.

b) Rights of data subjects

In addition, you may – if the applicable legal requirements are met and subject to any restrictions pursuant to sections 9, 10 of the Data Protection Act of the State of Baden-Württemberg (LDSG BW) – make use of the following rights, which you can exercise by contacting us at any time using the aforementioned data:

  • Right of access pursuant to Article 15 GDPR: You have the right to obtain information about your personal data processed by us (the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the planned storage period or criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it has not been collected from you by us, the existence of automated decision-making including profiling and, if applicable, meaningful information about the logic involved and the scope and the intended effects of such processing concerning you, as well as your right to be informed about the guarantees existing pursuant to Article 46 of the GDPR if your data is transferred to third countries) and to a copy of the data;

  • Right of rectification pursuant to Article 16 GDPR: You have the right to have any incorrect data relating to you corrected without delay and/or to have any incomplete data stored by us completed;

  • Right to erasure pursuant to Article 17 GDPR: You have the right to demand the erasure of your personal data if the requirements of Article 17(1) GDPR are met. However, this right shall particularly not exist if processing is necessary for exercising the right to freedom of expression and information, for fulfilling a legal obligation, for reasons of public interest or for asserting, exercising or defending legal rights/claims;

  • Right to restriction of processing pursuant to Article 18 GDPR: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data that you dispute is being verified, if you refuse the erasure of your data due to unlawful data processing and instead request the restriction of the processing of your data, if you require your data for the assertion, exercise or defence of legal rights/claims after we no longer need this data after the purpose has been achieved or if you have lodged an objection on the grounds of your particular situation as long as it has not yet been determined whether our legitimate grounds outweigh your interests;

  • Right to be informed pursuant to Article 19 GDPR: If you have exercised your right of any rectification or erasure of personal data or restriction of processing vis-à-vis the controller, the controller is required to communicate any rectification, erasure or restriction of processing of personal data to each recipient to whom the personal data has been disclosed, unless this proves impossible or involves disproportionate effort. You have the right to obtain information about those recipients.

  • Right to data transferability pursuant to Article 20 GDPR: You have the right to receive the personal data, which you have provided to us, in a structured, commonly used and machine-readable format or to require its transmission to another controller as long as this is technically feasible;

c) Right to lodge a complaint

If you believe that the processing of personal data concerning you infringes the GDPR, you have the right to appeal to a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, in accordance with Article 77 of the GDPR, without prejudice to any other administrative or judicial remedy. The supervisory authority with jurisdiction over us is the State Commissioner for Data Protection and Freedom of Information in Baden-Württemberg, Lautenschlagerstraße 20, 70173 Stuttgart, Germany.

Last revised: October 2021