Privacy Policy
This privacy policy informs you about the nature, scope, and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the associated websites, features, and content, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as “online offering”). Regarding the terminology used, such as “processing” or “controller,” we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Controller
Kai Christmann
Achenbachstraße 19
40237 Düsseldorf
Germany
kai@liquid-television.de
http://liquid-television.de/contact/
Types of data processed:
– Inventory data (e.g., names, addresses).
– Contact data (e.g., email, phone numbers).
– Content data (e.g., text entries, photographs, videos).
– Usage data (e.g., websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).
Purpose of processing
– Providing the online offering, its functions, and content.
– Responding to contact inquiries and communicating with users.
– Security measures.
– Reach measurement/marketing.
Terminology used
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “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 (e.g., cookie), or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
“Processing” means any operation or set of operations performed on personal data, whether or not by automated means. The term is broad and covers virtually any handling of data.
“Controller” means 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.
Relevant legal bases
In accordance with Art. 13 GDPR, we inform you of the legal bases for our data processing. Unless a legal basis is stated in the privacy policy, the following applies: the legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 GDPR; the legal basis for processing to fulfil our services and carry out contractual measures, as well as to respond to inquiries, is Art. 6(1)(b) GDPR; the legal basis for processing to fulfil our legal obligations is Art. 6(1)(c) GDPR; and the legal basis for processing to safeguard our legitimate interests is Art. 6(1)(f) GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6(1)(d) GDPR serves as the legal basis.
Security measures
We ask that you regularly inform yourself about the content of our privacy policy. We adjust the privacy policy as soon as changes to the data processing we carry out make this necessary. We will inform you as soon as changes require your cooperation (e.g., consent) or any other individual notification.
Cooperation with processors and third parties
If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them, or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g., if a transfer of data to third parties, such as payment service providers, is necessary pursuant to Art. 6(1)(b) GDPR for the performance of a contract), if you have consented, if a legal obligation provides for this, or on the basis of our legitimate interests (e.g., when using agents, web hosts, etc.).
If we engage third parties to process data on the basis of a so-called “data processing agreement,” this is done on the basis of Art. 28 GDPR.
Transfers to third countries
If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)), or if this occurs in connection with the use of third-party services or the disclosure or transfer of data to third parties, this will only take place if it is necessary to fulfil our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation, or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or have data processed in a third country if the special requirements of Art. 44 et seq. GDPR are met. This means that processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection equivalent to that of the EU (e.g., for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Rights of data subjects
You have the right to request confirmation as to whether the data concerned is being processed, and to information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
In accordance with Art. 16 GDPR, you have the right to request the completion of data concerning you or the correction of inaccurate data concerning you.
In accordance with Art. 17 GDPR, you have the right to request that data concerning you be deleted without delay, or alternatively, in accordance with Art. 18 GDPR, to request a restriction of the processing of the data.
You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR, and to request its transmission to other controllers.
Furthermore, in accordance with Art. 77 GDPR, you have the right to lodge a complaint with the competent supervisory authority.
Right of withdrawal
You have the right to withdraw consent given, pursuant to Art. 7(3) GDPR, with effect for the future.
Right to object
You may object at any time to the future processing of data concerning you in accordance with Art. 21 GDPR. In particular, you may object to processing for the purposes of direct marketing.
Cookies and right to object to direct marketing
“Cookies” are small files stored on users’ computers. Various pieces of information can be stored within cookies. A cookie primarily serves to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Cookies that are deleted after a user leaves an online offering and closes their browser are referred to as temporary cookies, “session cookies,” or “transient cookies.” Such a cookie can, for example, store the contents of a shopping cart in an online shop or a login status. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent.” This allows, for example, the login status to be saved if users visit the site again after several days. Such a cookie can also store users’ interests, which are used for reach measurement or marketing purposes. Cookies offered by providers other than the controller operating the online offering are referred to as “third-party cookies” (otherwise, if they are only the controller’s own cookies, they are referred to as “first-party cookies”).
We may use temporary and permanent cookies and provide information about this within our privacy policy.
If users do not want cookies to be stored on their computer, they are asked to disable the corresponding option in their browser’s system settings. Stored cookies can be deleted in the browser’s system settings. Excluding cookies may result in functional limitations of this online offering.
A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be prevented by disabling them in the browser settings. Please note that in this case, not all functions of this online offering may be usable.
Deletion of data
The data we process will be deleted or its processing restricted in accordance with Art. 17 and 18 GDPR. Unless expressly stated within this privacy policy, the data stored with us will be deleted as soon as it is no longer required for its intended purpose and there are no statutory retention obligations preventing deletion. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
Under statutory requirements in Germany, retention takes place in particular for 6 years pursuant to § 257(1) of the German Commercial Code (HGB) (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years pursuant to § 147(1) of the German Fiscal Code (AO) (books, records, management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.).
Under statutory requirements in Austria, retention takes place in particular for 7 years pursuant to § 132(1) of the Austrian Federal Fiscal Code (BAO) (accounting records, receipts/invoices, accounts, receipts, business papers, statements of income and expenses, etc.), for 22 years in connection with real estate, and for 10 years for documents related to electronically supplied services, telecommunications, broadcasting, and television services provided to non-business customers in EU member states for which the Mini One Stop Shop (MOSS) is used.
Business-related processing
We additionally process
– Contract data (e.g., subject matter of the contract, term, customer category).
– Payment data (e.g., bank details, payment history)
of our customers, prospective customers, and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising, and market research.
Hosting
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services, and technical maintenance services, which we use for the purpose of operating this online offering.
In doing so, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, prospective customers, and visitors to this online offering on the basis of our legitimate interest in an efficient and secure provision of this online offering pursuant to Art. 6(1)(f) GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).
Collection of access data and log files
We, or our hosting provider, collect data on the basis of our legitimate interests within the meaning of Art. 6(1)(f) GDPR about every access to the server on which this service is located (so-called server log files). Access data includes the name of the webpage retrieved, file, date and time of retrieval, amount of data transferred, notification of successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address, and the requesting provider.
Log file information is stored for security reasons (e.g., to investigate misuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is required for evidentiary purposes is exempt from deletion until the respective incident has been finally clarified.
Administration, financial accounting, office organization, contact management
We process data as part of administrative tasks and the organization of our business, financial accounting, and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in connection with the provision of our contractual services. The legal bases for processing are Art. 6(1)(c) GDPR and Art. 6(1)(f) GDPR. Customers, prospective customers, business partners, and website visitors are affected by this processing. The purpose of and our interest in the processing lies in administration, financial accounting, office organization, and data archiving — i.e., tasks that serve to maintain our business operations, perform our duties, and provide our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information provided for these processing activities.
In doing so, we disclose or transmit data to the tax authorities, advisors such as tax consultants or auditors, as well as other billing agencies and payment service providers.
Furthermore, on the basis of our business interests, we store information on suppliers, event organizers, and other business partners, e.g., for the purpose of future contact. We generally store this predominantly company-related data on a permanent basis.
Privacy notices in the application process
We process applicant data only for the purpose of, and within the scope of, the application process, in accordance with legal requirements. The processing of applicant data takes place to fulfil our (pre-)contractual obligations within the framework of the application process within the meaning of Art. 6(1)(b) GDPR and Art. 6(1)(f) GDPR, insofar as data processing becomes necessary for us, for example, in the context of legal proceedings (in Germany, § 26 BDSG additionally applies).
The application process requires applicants to provide us with their applicant data. The necessary applicant data, if we offer an online form, are marked as such; otherwise, they result from the job descriptions and generally include personal details, postal and contact addresses, and the documents belonging to the application, such as cover letter, CV, and certificates. In addition, applicants may voluntarily provide us with additional information.
By submitting their application to us, applicants consent to the processing of their data for the purposes of the application process in accordance with the type and scope set out in this privacy policy.
Insofar as special categories of personal data within the meaning of Art. 9(1) GDPR are voluntarily disclosed as part of the application process, their processing additionally takes place pursuant to Art. 9(2)(b) GDPR (e.g., health data, such as severe disability status or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9(1) GDPR are requested from applicants as part of the application process, their processing additionally takes place pursuant to Art. 9(2)(a) GDPR (e.g., health data, if this is necessary for the exercise of the profession).
If provided, applicants may submit their applications to us via an online form on our website. The data is transmitted to us encrypted in accordance with the state of the art.
Furthermore, applicants may submit their applications to us via email. In this regard, we ask you to note that emails are generally sent unencrypted and applicants themselves must ensure encryption. We can therefore assume no responsibility for the transmission path of the application between the sender and receipt on our server, and therefore recommend using an online form or postal mail instead. As an alternative to submitting the application via the online form or email, applicants also have the option of sending us their application by post.
The data provided by applicants may, in the event of a successful application, be further processed by us for the purposes of the employment relationship. Otherwise, if an application for a job offer is unsuccessful, the applicant’s data will be deleted. Applicant data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time.
Deletion takes place, subject to a legitimate objection from applicants, after a period of six months has elapsed, so that we can answer any follow-up questions regarding the application and fulfil our documentation obligations under the Equal Treatment Act. Invoices for any travel expense reimbursements are archived in accordance with tax law requirements.
Contact
When contacting us (e.g., via contact form, email, telephone, or social media), the user’s information is processed for the purpose of handling and processing the contact request in accordance with Art. 6(1)(b) GDPR. User information may be stored in a Customer Relationship Management (“CRM”) system or comparable inquiry organization system.
We delete inquiries as soon as they are no longer required. We review the necessity every two years; furthermore, statutory archiving obligations apply.
Comments and posts
If users leave comments or other posts, their IP addresses may be stored for 7 days on the basis of our legitimate interests within the meaning of Art. 6(1)(f) GDPR. This is done for our security in case someone leaves unlawful content in comments and posts (insults, prohibited political propaganda, etc.). In such a case, we ourselves could be held liable for the comment or post and are therefore interested in the identity of the author.
Furthermore, we reserve the right, on the basis of our legitimate interests pursuant to Art. 6(1)(f) GDPR, to process user information for the purpose of spam detection.
Akismet anti-spam check
Our online offering uses the “Akismet” service, offered by Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA. This is used on the basis of our legitimate interests within the meaning of Art. 6(1)(f) GDPR. This service is used to distinguish comments from real people from spam comments. To this end, all comment information is sent to a server in the USA, where it is analyzed and stored for comparison purposes for four days. If a comment is classified as spam, the data is stored beyond this period. This information includes the name entered, email address, IP address, comment content, referrer, information about the browser used, the computer system, and the time of the entry.
Automattic is certified under the Privacy Shield agreement and thereby provides a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000CbqcAAC&status=Active).
Further information on the collection and use of data by Akismet can be found in Automattic’s privacy notice: https://automattic.com/privacy/.
Users are welcome to use pseudonyms or refrain from entering their name or email address. You can completely prevent the transmission of data by not using our comment system. That would be a shame, but unfortunately we see no equally effective alternatives.
Google Analytics
On the basis of our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering within the meaning of Art. 6(1)(f) GDPR), we use Google Analytics, a web analytics service provided by Google LLC (“Google”). Google uses cookies. The information generated by the cookie about users’ use of the online offering is generally transmitted to a Google server in the USA and stored there.
Google is certified under the Privacy Shield agreement and thereby provides a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate users’ use of our online offering, to compile reports on activities within this online offering, and to provide us with further services related to the use of this online offering and internet usage. Pseudonymous usage profiles of users may be created from the processed data.
We only use Google Analytics with IP anonymization enabled. This means that users’ IP addresses are shortened by Google within member states of the European Union or in other signatory states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there.
The IP address transmitted by the user’s browser is not merged with other data from Google. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of data generated by the cookie and related to their use of the online offering by Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
Further information on data use by Google, and setting and objection options, can be found in Google’s privacy policy (https://policies.google.com/technologies/ads) and in Google’s settings for the display of advertising (https://adssettings.google.com/authenticated).
Users’ personal data is deleted or anonymized after 14 months.
Online presences in social media
We maintain online presences within social networks and platforms in order to communicate with customers, prospective customers, and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing policies of their respective operators apply.
Unless otherwise stated within our privacy policy, we process users’ data if they communicate with us within the social networks and platforms, e.g., by writing posts on our online presences or sending us messages.
Integration of third-party services and content
Within our online offering, on the basis of our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering within the meaning of Art. 6(1)(f) GDPR), we use content or service offerings from third-party providers in order to integrate their content and services, such as videos or fonts (hereinafter collectively referred to as “content”).
This always requires that the third-party providers of this content perceive the users’ IP address, since without the IP address they could not send the content to their browser. The IP address is therefore required for the display of this content. We endeavor to only use content whose respective providers use the IP address solely for the delivery of the content. Third-party providers may also use so-called pixel tags (invisible graphics, also referred to as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include, among other things, technical information about the browser and operating system, referring websites, visit time, and other details about the use of our online offering, as well as being linked with such information from other sources.
Vimeo
We may embed videos from the “Vimeo” platform provided by Vimeo Inc., Attention: Legal Department, 555 West 18th Street, New York, New York 10011, USA. Privacy policy: https://vimeo.com/privacy. We would like to point out that Vimeo may use Google Analytics, and refer to the privacy policy (https://www.google.com/policies/privacy) as well as opt-out options for Google Analytics (http://tools.google.com/dlpage/gaoptout?hl=de) or Google’s settings for data use for marketing purposes (https://adssettings.google.com/).
YouTube
We embed videos from the “YouTube” platform provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.
Google Fonts
We embed fonts (“Google Fonts”) provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.
Google Maps
We embed maps from the “Google Maps” service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The data processed may include, in particular, IP addresses and location data of users, which, however, are not collected without their consent (usually given via their mobile device settings). The data may be processed in the USA. Privacy policy: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.
Functions and content of the Instagram service, provided by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA, may be embedded within our online offering. This may include, for example, content such as images, videos, or texts, and buttons with which users can express their liking of the content, subscribe to the authors of the content, or subscribe to our posts. If users are members of the Instagram platform, Instagram may associate the retrieval of the aforementioned content and functions with the users’ respective profiles there. Instagram’s privacy policy: http://instagram.com/about/legal/privacy/.
Functions and content of the Pinterest service, provided by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA, may be embedded within our online offering. This may include, for example, content such as images, videos, or texts, and buttons with which users can express their liking of the content, subscribe to the authors of the content, or subscribe to our posts. If users are members of the Pinterest platform, Pinterest may associate the retrieval of the aforementioned content and functions with the users’ respective profiles there. Pinterest’s privacy policy: https://about.pinterest.com/de/privacy-policy.
Created with the Privacy Policy Generator by RA Dr. Thomas Schwenke.