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 services and the associated websites, functions, and content, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as "online services"). Regarding the terminology used, such as "processing" or "controller," we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Responsible person
Berlin Beats
Owner: Dirk Erchinger
Willibald-Alexis-Straße 12
10965 Berlin
Germany
+49 (0)176 632 63687
info@berlin-beats.de
Types of data processed:
- Inventory data (e.g., names, addresses)
- Contact data (e.g., email addresses, telephone 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)
Categories of data subjects
Visitors and users of the online service (hereinafter we will refer to the persons concerned collectively as "users").
Purpose of processing
- Provision of the online service, its functions and content.
- Responding to contact requests and communicating with users.
- Security measures.
- Reach measurement/marketing
Terminology Used
Definitions Used
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “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., a cookie) or to 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 which is performed on personal data or on sets of personal data, whether or not by automated means. The term is broad and encompasses virtually any handling of data.
The “controller” 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.
Relevant legal bases
In accordance with Article 13 of the GDPR, we inform you of the legal bases for our data processing. Unless otherwise stated in the privacy policy, the following applies: The legal basis for obtaining consent is Article 6(1)(a) and Article 7 of the GDPR; the legal basis for processing data to fulfill our services and implement contractual measures, as well as to respond to inquiries, is Article 6(1)(b) of the GDPR; the legal basis for processing data to comply with our legal obligations is Article 6(1)(c) of the GDPR; and the legal basis for processing data to protect our legitimate interests is Article 6(1)(f) of the GDPR. In the event that processing personal data is necessary to protect the vital interests of the data subject or another natural person, Article 6(1)(d) of the GDPR serves as the legal basis.
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 is done only on the basis of legal permission (e.g., if the transfer of data to third parties, such as payment service providers, is necessary for the performance of a contract pursuant to Art. 6 para. 1 lit. b GDPR), if you have given your consent, if a legal obligation requires it, or on the basis of our legitimate interests (e.g., when using agents, web hosts, etc.).
If we commission 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 the context of using third-party services or disclosing or transferring data to third parties, this will only be done if it is necessary for the performance of our (pre-)contractual obligations, based on your consent, due to a legal obligation, or based on our legitimate interests. Subject to legal or contractual permissions, we will only process or have data processed in a third country if the special requirements of Articles 44 et seq. of the GDPR are met. This means, for example, that processing is based on special guarantees, such as the officially recognized finding 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 specific contractual obligations (so-called "standard contractual clauses").
Rights of Data Subjects
You have the right to request confirmation as to whether personal data concerning you is being processed, and to access this data, as well as further information and a copy of the data, in accordance with Article 15 GDPR.
In accordance with Article 16 GDPR, you have the right to request the completion of incomplete personal data concerning you or the rectification of inaccurate personal data concerning you.
In accordance with Article 17 GDPR, you have the right to request that personal data concerning you be erased without undue delay, or alternatively, in accordance with Article 18 GDPR, to request the restriction of processing of your personal data.
You have the right to request access to the personal data you have provided to us, in accordance with Article 20 of the GDPR, and to request its transfer to another controller.
You also have the right, pursuant to Article 77 of the GDPR, to lodge a complaint with the competent supervisory authority.
Right to withdraw consent
You have the right to withdraw any consent you have given, pursuant to Article 7(3) of the GDPR, with effect for the future.
Right to object
You may object to the future processing of your personal data at any time, in accordance with Article 21 of the GDPR. The objection may be made, in particular, against processing for direct marketing purposes.
Cookies and the right to object to direct marketing
“Cookies” are small files that are stored on users’ computers. Various types 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 service. Temporary cookies, also known as “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online service and closes their browser. For example, the contents of a shopping cart in an online shop or a login status can be stored in such a cookie. “Permanent” or “persistent” cookies are cookies that remain stored even after the browser is closed. For example, the login status can be saved when users revisit the site after several days. Likewise, such a cookie may store users’ interests, which are used for reach measurement or marketing purposes. “Third-party cookies” are cookies offered by providers other than the controller operating the online service (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 we explain this in our privacy policy.
If users do not wish to have cookies stored on their computer, they are asked to deactivate the corresponding option in their browser's system settings. Stored cookies can be deleted in the browser's system settings. Disabling cookies may lead to functional limitations of this online service.
A general objection to the use of cookies for online marketing purposes can be declared for many 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 your browser settings. Please note that this may prevent you from using all the functions of this website.
[borlabs-cookie type="btn-consent-preferences" title="Cookie-Einstellungen anpassen" element="link"/]Data Deletion
The data we process will be deleted or its processing restricted in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated otherwise in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no legal obligations to retain it. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that 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.
According to statutory requirements in Germany, records are retained in particular for 6 years pursuant to Section 257 (1) of the German Commercial Code (HGB) (commercial books, inventories, opening balances, annual financial statements, commercial correspondence, accounting records, etc.) and for 10 years pursuant to Section 147 (1) of the German Fiscal Code (AO) (books, records, management reports, accounting records, commercial and business correspondence, documents relevant for taxation, etc.).
According to statutory requirements in Austria, records are retained in particular for 7 years pursuant to Section 132 (1) of the Austrian Federal Fiscal Code (BAO) (accounting documents, receipts/invoices, accounts, vouchers, 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, radio 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
In addition, we 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, customer service and support, 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 that 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 interests in the efficient and secure provision of this online offering pursuant to Art. 6 (1) lit. 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 about every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Art. 6 (1) lit. f GDPR. The access data include the name of the accessed webpage, file, date and time of access, amount of data transferred, notification of successful access, 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 retention is required for evidentiary purposes are excluded from deletion until the respective incident has been finally clarified.
Provision of Contractual Services
We process inventory data (e.g., names and addresses as well as contact details of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and providing services pursuant to Art. 6 (1) lit. b GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract.
When using our online services, we store the IP address and the time of the respective user action. Storage is based on our legitimate interests as well as those of users in protection against misuse and other unauthorized use. This data is generally not disclosed to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so pursuant to Art. 6 (1) lit. c GDPR.
We process usage data (e.g., the webpages visited within our online offering, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile in order to display product information to the user, for example, based on the services they have previously used.
Data are deleted after the expiration of statutory warranty and comparable obligations; the necessity of retaining the data is reviewed every three years; in the case of statutory archiving obligations, deletion takes place after their expiration. Information in any customer account remains stored until it is deleted.
Registration Function
Users may optionally create a user account. During registration, the required mandatory information is communicated to users. The data entered during registration are used for the purpose of using the offering. Users may be informed by email about information relevant to the offering or registration, such as changes to the scope of the offering or technical circumstances. If users have terminated their user account, their data relating to the user account will be deleted, subject to retention being necessary for commercial or tax law reasons pursuant to Art. 6 (1) lit. c GDPR. It is the responsibility of users to secure their data before the end of the contract in the event of termination. We are entitled to irretrievably delete all user data stored during the term of the contract.
Within the scope of using our registration and login functions and the use of the user account, we store the IP address and the time of the respective user action. Storage is based on our legitimate interests as well as those of users in protection against misuse and other unauthorized use. This data is generally not disclosed to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so pursuant to Art. 6 (1) lit. c GDPR. IP addresses are anonymized or deleted after 7 days at the latest.
Contact
When contacting us (e.g., via contact form, email, telephone, or via social media), the user’s information is processed for the purpose of handling the contact request and its processing pursuant to Art. 6 (1) lit. b GDPR. User information may be stored in a customer relationship management system (“CRM system”) or comparable inquiry organization.
We delete inquiries if they are no longer required. We review the necessity every two years; furthermore, statutory archiving obligations apply.
Comments and Contributions
If users leave comments or other contributions, their IP addresses are stored for 7 days on the basis of our legitimate interests within the meaning of Art. 6 (1) lit. f GDPR. This is done for our security in case someone leaves unlawful content in comments and contributions (insults, prohibited political propaganda, etc.). In this case, we may be held liable for the comment or contribution ourselves and are therefore interested in the identity of the author.
Comment Subscriptions
Subsequent comments may be subscribed to by users with their consent pursuant to Art. 6 (1) lit. a GDPR. Users will receive a confirmation email to verify that they are the owner of the entered email address. Users can unsubscribe from ongoing comment subscriptions at any time. The confirmation email will contain information about revocation options.
Akismet Anti-Spam Check
Our online offering uses the service “Akismet,” offered by Automattic, Inc., 132 Hawthorne Street, San Francisco, CA 94107, USA. Use is based on our legitimate interests within the meaning of Art. 6 (1) lit. f GDPR. With the help of this service, comments from real people are distinguished from spam comments. For this purpose, 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 has been classified as spam, the data will be stored beyond this period. This information includes the entered name, email address, IP address, comment content, referrer, information about the browser used and the computer system, and the time of the entry.
Automattic is certified under the Privacy Shield agreement and thereby offers 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 policy: 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 pity, but unfortunately we see no alternatives that work as effectively.
Retrieval of Profile Pictures via Gravatar
Within our online offering and especially in the blog, we use the Gravatar service of Automattic, Inc., 132 Hawthorne Street, San Francisco, CA 94107, USA.
Gravatar is a service where users can register and store profile pictures and their email addresses. When users leave posts or comments on other online presences (especially in blogs) with the respective email address, their profile pictures can be displayed next to the posts or comments. For this purpose, the email address provided by users is transmitted in encrypted form to Gravatar in order to check whether a profile is stored for it. This is the sole purpose of transmitting the email address and it will not be used for other purposes and will be deleted thereafter.
The use of Gravatar is based on our legitimate interests within the meaning of Art. 6 (1) lit. f GDPR, as we use Gravatar to offer authors of posts and comments the opportunity to personalize their contributions with a profile picture.
Automattic is certified under the Privacy Shield agreement and thereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000CbqcAAC&status=Active).
By displaying the images, Gravatar obtains the users’ IP address, as this is necessary for communication between a browser and an online service. Further information on the collection and use of data by Gravatar can be found in Automattic’s privacy policy: https://automattic.com/privacy/.
If users do not want a user image linked to their email address at Gravatar to appear in the comments, they should use an email address that is not stored with Gravatar when commenting. We also point out that it is possible to use an anonymous or no email address if users do not wish their own email address to be transmitted to Gravatar. Users can completely prevent the transmission of data by not using our comment system.
Jetpack (WordPress Stats)
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) lit. f GDPR), we use the Jetpack plugin (specifically the “WordPress Stats” sub-function), which integrates a tool for the statistical evaluation of visitor access and is provided by Automattic, Inc., 132 Hawthorne Street, San Francisco, CA 94107, USA. Jetpack uses so-called “cookies,” text files that are stored on your computer and enable an analysis of your use of the website.
Automattic is certified under the Privacy Shield agreement and thereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000CbqcAAC&status=Active).
The information generated by the cookie about your use of this online offering is stored on a server in the USA. User profiles may be created from the processed data, but these are used only for analysis purposes and not for advertising purposes. Further information can be found in Automattic’s privacy policies: https://automattic.com/privacy/ and information on Jetpack cookies: https://jetpack.com/support/cookies/.
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) lit. 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 the use of the online offering by users is generally transmitted to a Google server in the USA and stored there.
Google is certified under the Privacy Shield agreement and thereby offers 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 the use of our online offering by users, to compile reports on activities within this online offering, and to provide us with other services related to the use of this online offering and internet usage. Pseudonymous user profiles may be created from the processed data.
We use Google Analytics only with IP anonymization activated. This means that the IP address of users is shortened by Google within Member States of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be 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 Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the online offering by Google and 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 Google’s use of data, settings, and objection options can be found on Google’s websites: https://www.google.com/intl/de/policies/privacy/partners (“How Google uses data when you use our partners’ sites or apps”), http://www.google.com/policies/technologies/ads (“Use of data for advertising purposes”), http://www.google.de/settings/ads (“Manage information that Google uses to show you advertising”).
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 in our privacy policy, we process users’ data if they communicate with us within social networks and platforms, for example by writing posts on our online presences or sending us messages.
Integration of Third-Party Services and Content
Within our online offering, we use content or service offerings from third-party providers 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) lit. f GDPR) in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).
This always requires that the third-party providers of this content perceive the users’ IP address, as 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 use only such content whose respective providers use the IP address solely for delivering 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. Through the “pixel tags,” information such as visitor traffic on the pages of this website can be evaluated. The pseudonymous information may also be stored in cookies on the users’ device and may include, among other things, technical information about the browser and operating system, referring websites, time of visit, and further information about the use of our online offering, as well as being linked to such information from other sources.
Vimeo
We integrate videos from the platform “Vimeo” provided by Vimeo Inc., Attention: Legal Department, 555 West 18th Street, New York, New York 10011, USA. Privacy policy: https://vimeo.com/privacy.
YouTube
We integrate videos from the platform “YouTube” 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
Use of Facebook Social Plugins
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) lit. f GDPR), we use social plugins (“plugins”) of the social network facebook.com, operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). The plugins may display interaction elements or content (e.g., videos, graphics, or text contributions) and can be recognized by one of the Facebook logos (white “f” on a blue tile, the terms “Like,” “Gefällt mir,” or a “thumbs up” sign) or are marked with the addition “Facebook Social Plugin.” The list and appearance of Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
Facebook is certified under the Privacy Shield agreement and thereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
If a user accesses a function of this online offering that contains such a plugin, their device establishes a direct connection with Facebook’s servers. The content of the plugin is transmitted directly by Facebook to the user’s device and integrated into the online offering. User profiles may be created from the processed data. We therefore have no influence on the extent of the data that Facebook collects with the help of this plugin and therefore inform users according to our level of knowledge.
By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offering. If the user is logged into Facebook, Facebook can assign the visit to their Facebook account. If users interact with the plugins, for example by clicking the Like button or leaving a comment, the corresponding information is transmitted directly from their device to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will obtain and store their IP address. According to Facebook, only an anonymized IP address is stored in Germany.
The purpose and scope of data collection and the further processing and use of the data by Facebook as well as the related rights and setting options for protecting users’ privacy can be found in Facebook’s privacy policy: https://www.facebook.com/about/privacy/.
If a user is a Facebook member and does not want Facebook to collect data about them via this online offering and link it with their membership data stored on Facebook, they must log out of Facebook before using our online offering and delete their cookies. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. The settings are platform-independent, meaning they are applied to all devices, such as desktop computers or mobile devices.
Within our online offering, functions and content of the Instagram service may be integrated, offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA 94025, USA. This may include content such as images, videos, or texts and buttons that enable users to express their appreciation of the content, subscribe to the authors of the content, or to our posts. If users are members of the Instagram platform, Instagram can assign the access to the aforementioned content and functions to the users’ profiles there. Instagram privacy policy: http://instagram.com/about/legal/privacy/.
Created with Datenschutz-Generator.de by attorney Dr. Thomas Schwenk
