We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Berliner Kunstmarkt. The use of the Internet pages of the Berliner Kunstmarkt is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Berliner Kunstmarkt. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the Berliner Kunstmarkt has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of the Berliner Kunstmarkt is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
· a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
· b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
· c) Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
· d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
· e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
· f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
· g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
· h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
· i) Recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
· j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
· k) Consent
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Am Zeughaus 1-2
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
4. Collection of general data and information
The website of the Berliner Kunstmarkt collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the Berliner Kunstmarkt does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Berliner Kunstmarkt analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Contact possibility via the website
The website of the Berliner Kunstmarkt contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
6. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
7. Rights of the data subject
· a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
· b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if 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 the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
· c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
· d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must 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(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Berliner Kunstmarkt, he or she may, at any time, contact any employee of the controller. An employee of Berliner Kunstmarkt shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) 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 other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Berliner Kunstmarkt will arrange the necessary measures in individual cases.
· e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead 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 the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Berliner Kunstmarkt, he or she may at any time contact any employee of the controller. The employee of the Berliner Kunstmarkt will arrange the restriction of the processing.
· f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of the Berliner Kunstmarkt.
· g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The Berliner Kunstmarkt shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If the Berliner Kunstmarkt processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Berliner Kunstmarkt to the processing for direct marketing purposes, the Berliner Kunstmarkt will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Berliner Kunstmarkt for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of the Berliner Kunstmarkt. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
· h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the Berliner Kunstmarkt shall implement suitable measures to safeguard the data subject’s 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 contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Berliner Kunstmarkt.
· i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Berliner Kunstmarkt.
8. Data protection provisions about the application and use of Facebook
On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network.
A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
With each call-up to one of the individual pages of this Internet website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.
If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.
Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.
The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.
9. Data protection provisions about the application and use of Google Analytics (with anonymization function)
On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
For the web analytics through Google Analytics the controller uses the application “_gat. _anonymizeIp”. By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.
Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.
10. Data protection provisions about the application and use of Google-AdWords
On this website, the controller has integrated Google AdWords. Google AdWords is a service for Internet advertising that allows the advertiser to place ads in Google search engine results and the Google advertising network. Google AdWords allows an advertiser to pre-define specific keywords with the help of which an ad on Google’s search results only then displayed, when the user utilizes the search engine to retrieve a keyword-relevant search result. In the Google Advertising Network, the ads are distributed on relevant web pages using an automatic algorithm, taking into account the previously defined keywords.
The operating company of Google AdWords is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
The purpose of Google AdWords is the promotion of our website by the inclusion of relevant advertising on the websites of third parties and in the search engine results of the search engine Google and an insertion of third-party advertising on our website.
If a data subject reaches our website via a Google ad, a conversion cookie is filed on the information technology system of the data subject through Google. The definition of cookies is explained above. A conversion cookie loses its validity after 30 days and is not used to identify the data subject. If the cookie has not expired, the conversion cookie is used to check whether certain sub-pages, e.g, the shopping cart from an online shop system, were called up on our website. Through the conversion cookie, both Google and the controller can understand whether a person who reached an AdWords ad on our website generated sales, that is, executed or canceled a sale of goods.
The data and information collected through the use of the conversion cookie is used by Google to create visit statistics for our website. These visit statistics are used in order to determine the total number of users who have been served through AdWords ads to ascertain the success or failure of each AdWords ad and to optimize our AdWords ads in the future. Neither our company nor other Google AdWords advertisers receive information from Google that could identify the data subject.
The conversion cookie stores personal information, e.g. the Internet pages visited by the data subject. Each time we visit our Internet pages, personal data, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, at any time, prevent the setting of cookies by our website, as stated above, by means of a corresponding setting of the Internet browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the information technology system of the data subject. In addition, a cookie set by Google AdWords may be deleted at any time via the Internet browser or other software programs.
The data subject has a possibility of objecting to the interest based advertisement of Google. Therefore, the data subject must access from each of the browsers in use the link www.google.de/settings/ads and set the desired settings.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.
11. Data protection provisions about the application and use of Instagram
On this website, the controller has integrated components of the service Instagram. Instagram is a service that may be qualified as an audiovisual platform, which allows users to share photos and videos, as well as disseminate such data in other social networks.
The operating company of the services offered by Instagram is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, UNITED STATES.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which an Instagram component (Insta button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding Instagram component of Instagram. During the course of this technical procedure, Instagram becomes aware of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in at the same time on Instagram, Instagram detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Instagram component and is associated with the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, then Instagram matches this information with the personal Instagram user account of the data subject and stores the personal data.
Instagram receives information via the Instagram component that the data subject has visited our website provided that the data subject is logged in at Instagram at the time of the call to our website. This occurs regardless of whether the person clicks on the Instagram button or not. If such a transmission of information to Instagram is not desirable for the data subject, then he or she can prevent this by logging off from their Instagram account before a call-up to our website is made.
Further information and the applicable data protection provisions of Instagram may be retrieved under https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.
12. Data protection provisions about the application and use of YouTube
On this website, the controller has integrated components of YouTube. YouTube is an Internet video portal that enables video publishers to set video clips and other users free of charge, which also provides free viewing, review and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full movies and TV broadcasts, as well as music videos, trailers, and videos made by users via the Internet portal.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. The YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a YouTube component (YouTube video) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube may be obtained under https://www.youtube.com/yt/about/en/. During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our Internet site was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google will receive information through the YouTube component that the data subject has visited our website, if the data subject at the time of the call to our website is logged in on YouTube; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for the data subject, the delivery may be prevented if the data subject logs off from their own YouTube account before a call-up to our website is made.
YouTube’s data protection provisions, available at https://www.google.com/intl/en/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.
13. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
14. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
15. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
16. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
17. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
We use Google Fonts of the company Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA) on our website.
To use Google fonts, you do not need to log in or set a password. Furthermore, no cookies are stored in your browser. The files (CSS, fonts/fonts) are requested via the Google domains fonts.googleapis.com and fonts.gstatic.com. According to Google, the requests for CSS and fonts are completely separate from all other Google services. If you have a Google Account, you don’t need to worry about your Google Account information being submitted to Google while using Google Fonts. Google tracks the use of CSS (Cascading Style Sheets) and the fonts used and stores this information securely. We’ll be taking a closer look at what exactly this data storage looks like.
What are Google Fonts?
Google Fonts (formerly Google Web Fonts) is an interactive directory with more than 800 fonts provided by Google LLC for free use.
Many of these fonts are released under the SIL Open Font License, while others are released under the Apache license. Both are free software licenses. So we can use them freely without paying royalties.
Why do we use Google Fonts on our website?
With Google Fonts we can use fonts on our own website, and we don’t have to upload them to our own server. Google Fonts is an important component to keep the quality of our website high. All Google Fonts are automatically optimized for the web and this saves data volume and is a great advantage especially for mobile devices. When you visit our site, the low file size ensures a fast loading time. Furthermore, Google fonts are so-called secure web fonts. Different image synthesis systems (rendering) in different browsers, operating systems and mobile devices can lead to errors. Such errors can visually distort some texts or entire web pages. Thanks to the fast Content Delivery Network (CDN) there are no cross-platform problems with Google Fonts. Google Fonts supports all major browsers (Google Chrome, Mozilla Firefox, Apple Safari, Opera) and works reliably on most modern mobile operating systems, including Android 2.2+ and iOS 4.2+ (iPhone, iPad, iPod).
So we use Google Fonts to make our entire online service as beautiful and consistent as possible. According to Art. 6 para. 1 f lit. F DSGVO, this already constitutes a “legitimate interest” in the processing of personal data. In this case, “legitimate interest” means both legal and economic or idealistic interests which are recognised by the legal system.
Which data is stored by Google?
When you visit our website, the fonts are reloaded via a Google server. This external call transfers data to the Google servers. In this way Google also recognises that you or your IP address is visiting our website. The Google Fonts API was developed to reduce the collection, storage and use of end user data to what is necessary for the efficient provision of fonts. By the way, API stands for “Application Programming Interface” and serves, among other things, as a data transmitter in the software sector.
Google Fonts stores CSS and font requests securely with Google and is therefore protected. Google can determine the popularity of the fonts through the collected usage figures. Google publishes the results on internal analysis pages, such as Google Analytics. Google also uses data from its own web crawler to determine which websites use Google fonts. This data is published in Google Fonts’ BigQuery database. BigQuery is a web service from Google for companies that want to move and analyse large amounts of data.
However, it should also be noted that every Google Font request automatically transfers information such as IP address, language settings, screen resolution of the browser, browser version and browser name to the Google servers. Whether this data is also stored is not clearly ascertainable or is not clearly communicated by Google.
How long and where is the data stored?
Google stores requests for CSS assets for one day on your servers, which are mainly located outside the EU. This allows us to use the fonts with the help of a Google style sheet. A stylesheet is a style template that allows you to easily and quickly change, for example, the design or font of a web page.
The font files are stored at Google for one year. Google’s goal is to improve the loading time of web pages. If millions of web pages link to the same fonts, they are cached after the first visit and reappear immediately on all other web pages visited later. Sometimes Google updates font files to reduce file size, increase language coverage and improve design.
How can I delete my data or prevent data storage?
The data that Google stores for a day or a year cannot simply be deleted. The data is automatically transferred to Google when you visit the site. To delete this data prematurely, you must contact Google support at https://support.google.com/?hl=de&tid=311151431. In this case you only prevent data storage if you do not visit our site.
Unlike other web fonts, Google allows us unlimited access to all fonts. This means that we have unlimited access to a sea of fonts and can thus get the most out of our website. You can find more information about Google Fonts and other questions at https://developers.google.com/fonts/faq?tid=311151431. Although Google addresses privacy issues there, it does not provide really detailed information about data storage. It’s relatively difficult (almost impossible) to get really accurate information from Google about stored data.
You can also read about what data is generally collected by Google and what this data is used for at https://www.google.com/intl/de/policies/privacy/.
We use Google Fonts of the company Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA) on our website. We have integrated the Google fonts locally, i.e. on our web server – not on Google’s servers. This means that there is no connection to Google’s servers and therefore no data transfer or storage.
What are Google Fonts?
Google Fonts (formerly Google Web Fonts) is an interactive directory with more than 800 fonts provided by Google LLC for free use. With Google Fonts you could use the fonts without uploading them to your own server. But to prevent any information transfer to the Google server, we downloaded the fonts to our server. In this way, we act in accordance with data protection regulations and do not send any data to Google Fonts.
Unlike other web fonts, Google allows us unlimited access to all fonts. This means we have unlimited access to a sea of fonts and can thus get the most out of our website. You can find more information about Google Fonts and other questions at https://developers.google.com/fonts/faq?tid=311151431.
The legal basis for the use is article 6 (1) f (legality of processing), because there is a legitimate interest to protect this website from bots and spam software.
What is reCAPTCHA?
Why do we use reCAPTCHA on our website?
We only want to welcome people of flesh and blood on our site. Bots or spam software of various kinds may safely stay at home. That is why we do everything we can to protect ourselves and offer the best possible user-friendliness for you. For this reason we use Google reCAPTCHA from the company Google. So we can be quite sure that we remain a “bot-free” website. Through the use of reCAPTCHA, data is transmitted to Google, which Google uses to determine whether you are really a human being. reCAPTCHA therefore serves the security of our website and, as a consequence, your security. For example, without reCAPTCHA it could happen that a bot registers as many e-mail addresses as possible during registration in order to “spam” forums or blogs with unwanted advertising content. With reCAPTCHA we can avoid such bot attacks.
Which data is stored by reCAPTCHA?
ReCAPTCHA collects personal information from users to determine whether the actions on our website are actually human. This means that the IP address and other data that Google requires for the reCAPTCHA service can be sent to Google. IP addresses are almost always truncated within the member states of the EU or other signatory states to the Agreement on the European Economic Area before the data lands on a server in the USA. The IP address is not combined with any other data held by Google unless you are signed in to your Google Account while using reCAPTCHA. First, the reCAPTCHA algorithm checks whether Google cookies from other Google services (YouTube, Gmail, etc.) are already placed on your browser. Then reCAPTCHA sets an additional cookie in your browser and takes a snapshot of your browser window.
The following list of collected browser and user data does not claim to be complete. Rather, they are examples of data which, to our knowledge, are processed by Google.
– Referrer URL (the address of the page the visitor comes from)
– IP address (e.g. 2220.127.116.11)
– Information about the operating system (the software that enables your computer to operate. Known operating systems are Windows, Mac OS X or Linux)
– Cookies (small text files that store data in your browser)
– Mouse and keyboard behavior (every action you perform with the mouse or keyboard is saved)
– Date and language settings (which language or date you have preset on your PC is stored)
– Screen resolution (shows how many pixels the image consists of)
It is indisputable that Google uses and analyses this data even before you click on the “I am not a robot” checkbox. With the Invisible reCAPTCHA version even the ticking is omitted and the whole recognition process runs in the background. How much and which data Google stores exactly, you will not learn from Google in detail.
The following cookies are used by reCAPTCHA: Here we refer to the reCAPTCHA demo version of Google at https://www.google.com/recaptcha/api2/demo. All these cookies require a unique identifier for tracking purposes. Here is a list of cookies that Google reCAPTCHA has set on the demo version
Expiry period: after one year
use: This cookie is set by DoubleClick (also owns Google) to register and report a user’s actions on the website in handling advertisements. In this way the advertising effectiveness can be measured and appropriate optimisation measures can be taken. IDE is stored in browsers under the domain doubleclick.net.
Example value: WqTUmlnmv_qXyi_DGNPLESKnRNrpgXoy1K-pAZtAkMbHI-311151431
Expiry time: after one month
use: This cookie collects statistics on website usage and measures conversions. A conversion occurs, for example, when a user becomes a buyer. The cookie is also used to show users relevant advertisements. Furthermore, the cookie can be used to prevent a user from seeing the same ad more than once.
Example value: 2019-5-14-12
Expiry time: after 9 months
Example value: U7j1v3dZa3111514310xgZFmiqWppRWKOr
Expiry date: after 19 years
use: The cookie stores the status of a user’s consent to use various Google services. CONSENT is also used for security purposes, to verify users, to prevent fraudulent use of login information and to protect user data from unauthorized attacks.
Example value: YES+AT.de+20150628-20-0
Expiry time: after 6 months
use: NID is used by Google to match ads to your Google search. Google uses the cookie to “remember” your most commonly entered search queries or your previous interaction with ads. So you can always get customized ads. The cookie contains a unique ID that Google uses to collect user preferences for advertising purposes.
Example value: 0WmuWqy311151431zILzqV_nmt3sDXwPeM5Q
Expiration time: after 10 minutes
Usage: Once you have checked the “I am not a robot” checkbox, this cookie is set. The cookie is used by Google Analytics for personalized advertising. DV collects information in an anonymous form and is also used to make user decisions.
Example value: gEAABBCjJJMXcI0dSAAAANbqc311151431
Note: This list cannot claim to be complete, as experience has shown that Google changes its choice of cookies again and again.
How long and where is the data stored?
By inserting reCAPTCHA, data is transferred from you to the Google server. Where exactly this data is stored is not clearly shown by Google, even after repeated requests. Without having received confirmation from Google, it can be assumed that data such as mouse interaction, time spent on the website or language settings are stored on Google’s European or American servers. The IP address that your browser transmits to Google is generally not merged with other Google data from other Google services. However, if you are logged into your Google account while using the reCAPTCHA plug-in, the data will be merged. Google’s differing privacy policies apply.
How can I delete my data or prevent data storage?
If you do not want any data about you or your behaviour to be transmitted to Google, you must log out completely from Google and delete all Google cookies before you visit our website or use the reCAPTCHA software. In principle, the data is automatically transmitted to Google as soon as you visit our website. To delete this data again, you must contact Google support at https://support.google.com/?hl=de&tid=311151431.
So when you use our website, you agree that Google LLC and its representatives automatically collect, process and use data.
What is Google Custom Search?
The Google Custom Search plug-in is a Google search bar directly on our website. The search is the same as www.google.com, except that the search results focus on our content and products, or on a limited search scope.
Why do we use custom Google search on our website?
A website with a lot of interesting content often becomes so large that you might lose track of what’s going on. Over time we have accumulated a lot of valuable material and as part of our service we want you to find our content as quickly and easily as possible. Through the custom Google search, finding interesting content becomes a breeze. The built-in Google plug-in improves the overall quality of our website and makes it easier for you to search.
What data is stored by custom Google Search?
Custom Google Search only transfers data from you to Google when you actively use Google Search built into our site. This means that only when you enter a search term in the search bar and then confirm this term (e.g. click on “Enter”) will your IP address be sent to Google in addition to the search term, stored and processed there. On the basis of the cookies set (such as 1P_JAR), it can be assumed that Google also receives data on website usage. If you search for content during your visit to our website using the built-in Google search function and are logged in with your Google account at the same time, Google can also assign the data collected to your Google account. As the website operator, we have no influence on what Google does with the collected data or how Google processes the data.
The following cookies are set in your browser if you use the custom Google search and are not logged in with a Google account:
Purpose: This cookie collects statistics on website usage and measures conversions. A conversion occurs, for example, when a user becomes a buyer. The cookie is also used to show users relevant advertisements.
Expiration date: after one month
Purpose: The cookie stores the status of a user’s consent to use various Google services. CONSENT is also used for security purposes, to verify users and protect user data from unauthorised attacks.
Expiration date: after 18 years
Purpose: NID is used by Google to adapt advertisements to your Google search. Google uses the cookie to “remember” the search queries you enter or your previous interaction with ads. This way you will always receive customized ads.
Expiration date: after 6 months
Note: This list cannot claim to be complete, as Google changes the choice of its cookies again and again.
How long and where is the data stored?
The Google servers are distributed all over the world. Since Google is an American company, most of the data is stored on American servers. At https://www.google.com/about/datacenters/inside/locations/?hl=de you can see exactly where the Google servers are located.
Your data is distributed on different physical media. This means that the data can be retrieved more quickly and is better protected against possible manipulation. Google also has appropriate emergency programs for your data. If, for example, Google has internal technical problems that cause servers to stop working, the risk of a service interruption and loss of data remains low.
Depending on the data in question, Google stores this data for different periods of time. Some data can be deleted by you, others are automatically deleted or anonymised by Google. However, there is also data that Google stores for longer if this is necessary for legal or business reasons.
How can I delete my data or prevent data storage?
Under European Union data protection law, you have the right to access, update, delete or restrict your data. There are some data that you can delete at any time. If you have a Google Account, you can delete data about your web activity or set it to be deleted after a certain amount of time.
Your browser also gives you the ability to disable, delete, or manage cookies according to your preferences. Here you will find instructions for the most important browsers:
Chrome: Delete, activate and manage cookies in Chrome
Safari: Manage cookies and website data with Safari
Firefox: Delete cookies to remove data that websites have placed on your computer
Internet Explorer: Delete and manage cookies
Microsoft Edge: Delete and manage cookies
Google is an active participant in the EU-U.S. Privacy Shield Framework, which regulates the correct and secure transfer of personal data. You can find more information on this at https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI. We hope we have been able to provide you with the most important information about data processing by Google. If you want to learn more about this, we recommend Google’s comprehensive data protection declaration at https://policies.google.com/privacy?hl=de.