I. Controller for data processing
Tel: 0 800 80 11 840
II. Data Protection Officer
You can reach our Data Protection Officer by post at the above address adding the suffix “Data Protection Officer” or by e-mail at email@example.com.
III. Provision of website and creation of log files
Every time our website is accessed, our system automatically records data and information from the computer system of the accessing computer.
The following data are thereby collected:
- information on the browser type and version used
- user’s operating system
- user’s Internet service provider
- user’s IP address
- date and time of access
- websites from which the user’s system gains access to our website
- websites accessed from user’s system via our website
The data are stored in the log files of our system. Based on the IP address, we can allocate to the user those payment options available in his/her country if he/she orders paid services. We moreover have the possibility of detecting cases of attempted fraud.
Additionally, the system temporarily stores the IP address of each user for the purpose of delivering the website to the user’s computer. The data are stored in access logs for a period of 7 days.
For the purpose of preventing fraud, IP addresses are stored until the contract has been terminated.
The legal basis for data processing is provided by Article 6(1)(f) of the General Data Protection Regulation (GDPR). We have a legitimate interest in data processing in the cases specified here.
We also use temporary cookies, stored for a specifically defined period on your terminal device, to optimise user-friendliness. If you visit our site again to use our services, it is automatically detected that you were already on our site, and which data were entered and what settings were made by you. That way you don’t have to enter such data again. Information is also stored to identify what are referred to as webmasters. A webmaster is the operator of a website who has placed an advertisement on its website referring that website. By clicking on this ad, users can gain access to our website. The information identifying the webmaster is provided so that it can be allocated a fee.
The data processed by cookies are required for the aforementioned purposes of safeguarding our legitimate interests as well as those of third parties pursuant to the first sentence of Article 6(1)(f) GDPR. Most browsers accept cookies automatically. However, you may configure your browser in such a way that no cookies are stored on your computer or that a notice is always displayed before a new cookie is created. But completely deactivating cookies may mean that you cannot use all functions of our website.
V. Google Analytics
The basis for performing the tracking measures with Google Analytics is provided by the first sentence of Article 6(1)(f) GDPR. With the tracking measures used we want to ensure that our website is designed to meet the needs of users and optimised on a continuous basis. We moreover use the tracking measures to statistically record the use of our website and to evaluate such use to optimise our offering for you. Such interests are to be deemed legitimate within the meaning of the aforementioned provision.
For the purpose of ensuring that our website is designed to meet the needs of users and optimised on a continuous basis, we use Google Analytics, a website analysis service of Google Inc. https://www.google.de/intl/de/about/ (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”). In this context, pseudonymised user profiles are created and cookies are used (see IV. below). The information generated by the cookie on your use of this website, such as
- browser type/version,
- operating system used
- referrer URL (the previously visited site),
- host name of accessing computer (IP address),
- time of server request,
is transmitted to a Google server in the USA and stored there. The information is used to analyse your use of the website, to compile reports on website activities and to render other services related to the use of the website and of the Internet in general for purposes of market research and designing such websites to meet the needs of users. Where applicable, such information is also transmitted to third parties to the extent prescribed by law and to the extent third parties process such data on behalf of a controller. Under no circumstances will your IP address be linked with other Google data. Since the IP addresses are anonymised, no identification is possible (IP masking).
You may prevent the installation of cookies by configuring your browser software accordingly; however, please note that in this case it may not be possible to make full use of all functions of this website. In addition, you may prevent collection of the data generated by the cookie and related to your use of the website (incl. your IP address) as well as processing of such data by Google by downloading and installing a browser add-on https://tools.google.com/dlpage/gaoptout?hl=de.
As an alternative to the browser add-on, particularly in the case of browsers on mobile terminal devices, you can also prevent Google Analytics from collecting data by clicking on such link. An opt-out cookie preventing your data from being recorded in future when you visit the website is set. The opt-out cookie applies only in this browser and only for our website, and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.
Further information on data protection in connection with Google Analytics can be found e.g. on the Google Analytics help site at https://support.google.com/analytics/answer/6004245?hl=de.
VI. Web analysis tool overheat.de
This website uses overheat.de, a web analysis tool of the company overheat UG (with limited liability) having its registered office at Stürzenberger Weg 30, 51766 Engelskirchen, Germany. With this tool, interactions of randomly selected individual users with the website are recorded in anonymised form. This results in the creation of a log, e.g. of mouse movements and clicks, with the aim of finding ways to improve the respective website. Moreover, information on the operating system, browser, inbound and outbound references (links), geographical origin, as well as resolution and device type, is evaluated for statistical purposes. Such information is not personal and is not disclosed by overheat.de to third parties. If you do not wish information to be recorded, you can deactivate such recording on all websites using overheat by setting the DoNotTrack header in your browser. For further information in this regard, you can visit the following site: http://overheat.de/opt-out.html
VII. Social media plug-ins
On our website we use social plug-ins of the social networks Facebook, Instagram, Snapchat and Twitter to make our company better known through them. The basis for this is provided by the first sentence of Article 6(1)(f) GDPR. The advertising purpose pursued thereby is to be qualified as a legitimate interest within the meaning of the GDPR. Responsibility for operation in accordance with data protection provisions is to be ensured by the respective provider.
We embed these plug-ins using what is referred to as the two-click method so as to provide visitors to our website with the best possible protection.
Social media plug-ins of Facebook are used on our website to make their use more personal. You recognise it by the Facebook logo.
When you access a page of our website that contains such a plug-in, your browser establishes a direct link to the servers of Facebook. The content of the plug-in will be transmitted from Facebook directly to your browser, which will embed it into the web page. Through this embedding of the plug-in, Facebook is provided with the information that your browser has accessed the respective page of our website, even if you do not have a Facebook profile or are not logged in to Facebook at the time. This information (including your IP address) will be transmitted directly to a Facebook server in the USA by your browser, and will be stored there.
If you are logged in to Facebook, Facebook may directly allocate the visit to our website to your Facebook account. If you interact with the plug-ins, e.g. click the "LIKE" or "SHARE" button, this information will likewise be transmitted directly to a Facebook server and be stored there. The information will also be published on Facebook and displayed to your Facebook friends. Facebook may use this information for the purpose of advertising, market research and designing the Facebook sites to meet the needs of users. For this purpose, user, interest and relationship profiles are created by Facebook, e.g. to evaluate your use of our website with respect to the ads displayed to you on Facebook, to inform other Facebook users about your activities on our website and to provide additional services associated with the use of Facebook.
If you do not wish Facebook to allocate the data collected through our website to your Facebook account you must log out of Facebook before you access our website.
For details on the purpose and scope of the data collection and further processing and use of the data by Facebook and users' rights and configuration options to protect their privacy, users are advised to refer to the privacy information of Facebook at https://www.facebook.com/about/privacy/
On our website, social plug-ins (“plug-ins”) of Instagram, which is operated by Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA (“Instagram”) are also used.
The plug-ins are designated with an Instagram logo, e.g. in form of an Instagram camera. When you access a page of our website containing such a plug-in, your browser will establish a direct connection to the servers of Instagram. The content of the plug-in will be transmitted from Instagram directly to your browser, which will embed it into the web page. Through this embedding, Instagram is provided with the information that your browser has accessed the respective page of our website, even if you do not have an Instagram profile or are not logged in to Instagram at the time.
This information (including your IP address) will be transmitted directly to an Instagram server in the USA by your browser, and will be stored there. If you are logged in to Instagram, Instagram may directly allocate the visit to our website to your Instagram account. If you interact with the plug-ins, e.g. click the "Instagram" button, this information will likewise be transmitted directly to an Instagram server and be stored there. This information will also be published in your Instagram account and be displayed alongside your contacts.
If you do not wish Instagram to allocate the data collected through our website directly to your Instagram account you must log out of Instagram before you access our website.
Plug-ins of the short messaging network of Twitter Inc. (Twitter) are embedded on our website pages. You can recognise the Twitter plug-ins (tweet button) by the Twitter logo on our site. You can find an overview of the tweet buttons at https://about.twitter.com/resources/buttons .
When you access a page of our website containing such a plug-in, a direct connection is established between your browser and the Twitter server. Twitter is thereby provided with the information that you have visited our website with your IP address. If you click on the Twitter “tweet button” while logged on to your Twitter account, you can link the content of our pages on your Twitter profile. That enables Twitter to allocate the visit to our pages to your user account. We point out that as provider of the website pages we do not obtain any knowledge of the data transmitted and their use by Twitter.
If you do not wish Twitter to be able to allocate the visit to our website pages, please log out of your Twitter user account.
Social media plug-ins of Snapchat are used on our website. This is an offering of Snapchap.
VIII. Registration and use of our offering
a) Basic data
On our website we offer users the possibility of registering with their personal data. In this case, the data are entered into an input mask, transmitted to us and stored. The following data are processed in the registration process on the legal basis of processing for the performance of a contract or in order to take steps prior to entering into a contract (Article 6(1)(b)) GDPR) and are deleted at the end of the contractual relationship with you giving due regard to the statutory retention periods, unless otherwise stated hereinafter at the time of the deletion:
- Profile name and password
In order for you to use our system, it is necessary to collect your profile name and your password. The legal basis for this is the performance of your contract (Article 6(1)(b) GDPR). The profile name also serves as your pseudonym in your voluntary communication with other users within our system. Our system does not provide other users with information on which person is behind a pseudonym.
- Name, address, date of birth, ID card data
These data are used to identify you as a contractual partner. The date of birth and proof thereof are also important to ensure that contractual services are provided only by persons of full legal age. Data collection for verifying full legal age is required to meet our legal obligations (Article 6(1)(c)) GDPR).
- E-mail address, verification, Messenger/telephone number, Facebook profile name
Collection and verification of the e-mail address and the telephone number is required to ensure contact with you in the context of performance of the contract. Such contact data serve to transmit contractual information. These data are collected for processing for the performance of a contract or in order to take steps prior to entering into a contract (Article 6(1)(b)) GDPR). The e-mail address is also used to satisfy the statutory requirements for entering into contracts by way of electronic legal transactions. We send you advertisements by e-mail. You may also receive advertisements from us by telephone or Messenger. It is a legitimate interest of the company to increase the sales of our company in the context of advertising by conveying a positive description of the company and its products. The legal basis for such data processing is provided by Article 6(1)(f)) GDPR.
- Banking data, VAT data, proof of identity
The banking data are collected for fulfilment of payment obligations under the contract. Your VAT data provide us with information on your eligibility for input tax deduction for invoicing purposes. Your ID card / passport data as well as a photo of you for comparison purposes are also important to ensure that payments are made exclusively to you.
- Chat time stamp and duration of chat, other services
The chat time stamp and duration of the chat as well as data on other services you have provided are likewise processed for the purpose of performance of your contract (Article 6(1)(b) GDPR), particularly for the purpose of contractual invoicing to you. As soon as this purpose is fulfilled, the data are deleted giving due regard to statutory retention periods.
- Telephone data for telephone services
For the offering “Telephone carousel” or a 0900 number, your destination telephone number is processed in order to invoice to you the service you provide. Such data processing is for the purpose of performing the contract on the legal basis of Article 6(1)(b) GDPR. Once the invoicing procedure has been completed, the data are deleted giving due regard to statutory retention obligations.
b) Data in the context of registration process and log-in
The following data are collected in the registration process or subsequent log-in on the legal basis of Article 6(1)(f)) GDPR:
- Date and time of log-in (including failed log-ins and unsuccessful password entries), the website from which access was made; browser type, browser version and browser settings, IP address, operating system, referrer URL, the requesting provider, screen resolutions, dial-in location.
The purpose of and our interest in collecting the data are the technical optimisation of our website and making improvements to our products, as well as conducting investigations in cases of fraud adversely affecting us.
c) Profile photos, profile videos and other photos and videos
You may upload profile photos, profile videos or other photos on a voluntary basis and delete the same again. These photos and videos are visible for users who access your profile. They serve the purpose of personalising your image. Use of the photos or videos by us for other purposes is excluded. If you give us your consent in advance, these photos and videos may be disclosed to other Internet portals and published there.
For processing these data, your voluntary consent pursuant to Article 6(1)(a) GDPR is required. If on the basis of these photos any conclusions are possible as regards your sex life or your sexual orientation, your voluntary consent is given pursuant to Article 9(2)(a) GDPR.
“I hereby consent to data processing of my uploaded profile photo, profile video and other uploaded photos. I consent to such data processing also in the case where such photos allow for conclusions as regards my sexual orientation or my sex life. I hereby consent to such data being transmitted to service providers that have been instructed with activities required for providing the contractually agreed services to me. This includes storing, saving and keeping available my data as well as the related services and Internet access. I give my consent – in the case of my consent given in advance – to disclosure of the photos and videos to other Internet portals and to their publication there.”
You can exercise your right to withdraw your consent at any time with effect for the future by deleting one, several or all pictures and videos without giving any reasons for such withdrawal. The functions provided for this purpose are clearly recognisable in your user account. This does not give rise to any costs for you. Alternatively, you may declare your withdrawal of consent at any time for the future. Such notice of revocation must be directed to our Data Protection Officer by post at the above address of the controller adding the suffix “Data Protection Officer” or by e-mail at firstname.lastname@example.org . You will find information on your rights in XI.
d) Particulars about yourself, chat texts
You have the possibility of providing on a voluntary basis particulars on your person, on your fictitious location, on your likes, on your sexual orientation, on your education, on your looks, on your religion and on your income. Moreover, in a chat you can even write texts that are made accessible to the chat partner. The users of the portal are given access to view these data. If you give us your consent in advance, these particulars about yourself may be disclosed to other Internet portals and published there. The chat content is kept preserved in your personal log-in area until the contractual relationship with you ends.
For processing these data, your voluntary consent pursuant to Article 6(1)(a) GDPR is required. If on the basis of your particulars any conclusions are possible as regards your sex life or your sexual orientation, your voluntary consent is given pursuant to Article 9(2)(a) GDPR. Your voluntary consent to stating your religion is likewise given pursuant to Article 9(2)(a) GDPR.
“I hereby consent to data processing of my particulars on my person, on my fictitious location, on my likes, on my sexual orientation, on my education, on my looks, on my religion and on my income and my chat texts. I consent to such data processing also in the case where such particulars allow for conclusions as regards my sexual orientation or my sex life. I hereby consent to such data being transmitted to service providers that have been instructed with activities required for providing the contractually agreed services to me. This includes storing, saving and keeping available my data as well as the related services and Internet access.”
You can exercise your right to withdraw your consent at any time with effect for the future by deleting the particulars from your user account without giving any reasons for such withdrawal. The functions provided for this purpose are clearly recognisable in your user account. Alternatively, you may declare your withdrawal of consent at any time for the future. You may send your withdrawal by e-mail to email@example.com. You will find information on your rights in XI.
e) Further data
- Correspondence content
If you correspond with us, we collect data on the content of such correspondence. Where the purpose of the correspondence is performance of the contract, the data are collected on the legal basis of Article 6(1)(b) GDPR. If the correspondence is for a different purpose, the data are processed pursuant to Article 6(1)(a) GDPR. The purpose of processing the data and our legitimate interest in such processing is to properly handle the concerns of our partners. The data are then deleted once the purpose of the correspondence has been achieved.
- GEMA agreement
A GEMA agreement forms an integral part of our contract with you. We process such data pursuant to Article 6(1)(b) GDPR.
IX. Message by e-mail
By clicking on one of our e-mail addresses on our website you have the possibility of sending us an e-mail message. For this service, your e-mail application is used. We receive your e-mail address as well as the content of your message and any attachments sent with the e-mail. These data are used to handle the query you have communicated to us. Data processing for this purpose is performed on the basis of the first sentence of Article 6(1)(a) GDPR based on your consent given voluntarily. The personal data collected by us are deleted once the inquiry has been processed giving due regard to observance of any statutory retention periods.
X. Disclosure of data
Your personal data will not be disclosed to third parties for purposes other than those specified hereinafter.
We disclose your personal data to third parties only if:
- you have given your express consent to this pursuant to the first sentence of Article 6(1)(a) GDPR,
- disclosure is required pursuant to the first sentence of Article 6(1)(f) GDPR for the establishment, exercise or defence of legal claims and there is no reason to assume that you have an overriding, legitimate interest in non-disclosure of your data,
- a legal obligation for disclosure pursuant to the first sentence of Article 6(1)(c) GDPR exists, and
- this is legally permissible and pursuant to the first sentence of Article 6(1)(b) GDPR is required for the performance of contractual relationships with you.
To the extent your personal data are disclosed to third parties for performance of contract pursuant to Article 6(1)(b) GDPR, the data will be disclosed to the following recipients / categories of recipients:
We use service providers for all manner of services relating to Internet access, telephony, SMS, e-mail as well as Messenger services.
We disclose your personal data to financial services providers to pay your remuneration to you.
If the disclosure of data constitutes contract processing, we have entered into a contract with the service providers for contract processing and have complied with all other statutory requirements for contract processing. Our service providers are predominantly based in the European Union, and furthermore in Switzerland and the USA. The level of data protection in Switzerland was considered by the European Commission to be adequate and recorded in an adequacy decision. The service providers in the USA have submitted to the provisions of the EU – US Privacy Shield agreed between the USA and the European Union. The level of data protection of companies in the USA having submitted to the requirements of the EU-US Privacy Shield is deemed to be adequate. The Adequacy Decision of the EU Commission with regard to the EU-US Privacy Shield can be accessed under this link: http://eur-lex.europa.eu/legal-content/DE/TXT/PDF/?uri=CELEX:32016D1250&from=DE
XI. Rights of data subject
You have the right:
- pursuant to Article 15 GDPR, to request information on your personal data processed by us. In particular, you may request information on the processing purposes, the category of the personal data, the categories of recipients to whom your data were or are disclosed, the period for which the personal data will be stored, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the source of your data if these have not been collected from us, and on the existence of automated decision-making including profiling and if applicable meaningful information on the details thereof;
- pursuant to Article 16 GDPR, to request without undue delay the rectification of inaccurate personal data or the completion of your personal data stored with us;
- pursuant to Article 17 GDPR, to request the erasure of your personal data stored with us unless the processing is necessary for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims;
- pursuant to Article 18 GDPR, to request the restriction of your personal data where the accuracy of the data is contested by you, the processing is unlawful but you oppose the erasure of such data and we no longer need the data but you require the same for the establishment, exercise or defence of legal claims, or you have objected to processing pursuant to Article 21 GDPR;
- pursuant to Article 20 GDPR, to receive your personal data which you have provided to us in a structured, commonly used and machine-readable format or to request transmission of such data to another controller;
- pursuant to Article 7(3) GDPR, to withdraw from us the consent given by you at any time. The consequence of this is that we will no longer be allowed to continue the data processing that was based on such consent for the future, and
- pursuant to Article 77 GDPR, to lodge a complaint with a supervisory authority. For this purpose you may as a rule turn to the supervisory authority of your habitual residence or of your place of work or of our corporate seat.
XII. Right of withdrawal
You may object to the processing of data for legitimate interests pursuant to Article 6(1)(f) GDPR if reasons arise from your particular situation arguing against such data processing. Such objection must be directed to our Data Protection Officer by post at the above address of the controller adding the suffix “Data Protection Officer” or by e-mail at firstname.lastname@example.org.
Last updated: May 24th, 2018