Privacy Policy

The following is the Privacy Policy of the site berlinprognight.com and any of its sub-sites and other linked parts, hereinafter collectively called “The Site”.

Access Data / Server Log Files:

The provider (and/or their web space provider) collects data on every access to the site (so-called server log files). This access data includes the following information: name of the website called up, file, date and time of the call-up, amount of data transmitted, notification of the successful call-up, browser type and version, the user’s operating system, referrer URL (the last site visited before), IP address and the requesting provider.

The provider only uses the log data for statistical evaluations for the purpose of operating, securing and optimising the Site. However, the provider reserves the right to subsequently review the log data if there is any suspicion of any illegal use based on solid indications.

 

Handling of Personal Data:

Personal data is any information that is used to identify a person, i.e. any information that can be traced back to an individual person. This includes the name, the e-mail address or the telephone number of such person. Data on preferences, hobbies, memberships or the names of websites called up by someone is also classified as personal data.

Personal data is collected, used and forwarded by the provider only if this is permitted by law or if the users agree to such data collection. Personal data used at The Site:

– user data (e.g. names, addresses, phones, e-mail addresses, usernames and passwords)

– contact information (e.g. email, phone numbers)

– content data (e.g. text, photographs, videos)

– usage data (e.g. called up websites, interest in content, access time)

– meta & communication data (e.g. information on used device, IP address, cookies)

– commercial data (e.g products, orders, dates, amounts..)

– newsletter data – (mailing list, pending explicit user consent for receiving it).

 

Contact Support:

The Site offers its users the option of contacting its team via e-mail (optionally via a contact form), telephone, or similar. In this case, information provided by the user is stored for the further processing of queries. This information is not passed on to third parties.

 

Relevant legal bases:

In accordance with EU law Art. 13 DSGVO, we inform you about the legal basis of our data processing. Unless the legal basis in the data protection declaration is mentioned, the following applies: The legal basis for obtaining consent is Article 6 (1) lit. a and Art. 7 DSGVO, the legal basis for the processing for the performance of our services and the execution of contractual measures as well as the response to inquiries is Art. 6 (1) lit. b DSGVO, the legal basis for processing in order to fulfil our legal obligations is Art. 6 (1) lit. c DSGVO, and the legal basis for processing in order to safeguard our legitimate interests is Article 6 (1) lit. f DSGVO. In the event that vital interests of the affected person or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO as legal basis.

 

Integration of services and content of third parties:

Based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit.f DSGVO), we make use of content or services offered by third-party providers in order to provide their content and services Integrate services such as videos or fonts (collectively referred to as “content”).

This always presupposes that the third-party providers of this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties 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, but is not limited to, technical information about the browser and operating system, referring web pages, visit time, and other information regarding the use of our online offer.

 

Collaboration with processors and third parties:

If, in the context of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit them to them or otherwise grant access to the data, this will only be done on the basis of a legal permission (eg if a transmission of the data to third parties, as required by payment service providers, pursuant to Art. 6 (1) (b) DSGVO to fulfil the contract), you have consented to a legal obligation or based on our legitimate interests (e.g. the use of agents, webhosters, etc.). If we commission third parties to process data on the basis of a so-called “contract processing contract”, this is done on the basis of Art. 28 DSGVO.

 

Transfers to third countries:

If we process data in a third country (ie outside the European Union (EU) or the European Economic Area (EEA) or in the context of the use of third party services or disclosure or transmission of data to third parties, this will only be done if it is to fulfil our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only in the presence of the special conditions of Art. 44 et seq. DSGVO. That the processing is e.g. on the basis of specific guarantees, such as the officially recognized level of data protection (eg for the US through the Privacy Shield) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

 

Rights of affected persons:

You have the right to ask for confirmation as to whether the data in question is being processed and for information about this data as well as for further information and a copy of the data in accordance with Art. 15 DSGVO. You have accordingly. Art. 16 DSGVO the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you.

In accordance with Art. 17 DSGVO, you have the right to demand that the relevant data be deleted immediately or, alternatively, to require a restriction of the processing of data in accordance with Art. 18 DSGVO. You have the right to demand that the data relating to you, which you have provided to us, be obtained in accordance with Art. 20 DSGVO and request their transmission to other persons responsible. You have gem. Art. 77 DSGVO the right to file a complaint with the competent supervisory authority.

 

Right of withdrawal:

You have the right to grant consent in accordance with. Art. 7 para. 3 DSGVO with effect for the future.

 

Right of objection:

You can object to the future processing of your data in accordance with Art. 21 DSGVO at any time. The objection may in particular be made against processing for direct marketing purposes.

Cookies:

This Site uses and processes browser cookies for various purposes of data tracking – both user defined and technical. These include but not limited to 3rd-party cookies by analytic services, mailing list services, payment, commercial and advertising services and social networks.

You may at any point block and delete these cookies through browser settings and security settings. Blocking oder deleting cookies may remove your opt-out preferences or result in experiencing limited functions.

Cookies are small bits of information that tell your computer about previous interactions with our website. These cookies are stored on your hard drive, not our website. Basically, when you use our website, your computer will show us its cookies, telling our site whether and how you used it before. This allows our site to operate faster, as well as to remember things related to your previous visits (e.g. username or preferred language), to make it more convenient for you. Temporary cookies, also called „session cookies“ or „transient cookies“, are deleted when users leave the shop website and close their browser window. This kind of cookie stores e.g. the items in your shopping cart or your log in status. Permanent or persistent cookies on the other hand are saved after closing the browser window. This way, they can store the log in status for a limited time or indefinitely. Furthermore a users interest can be stored in these cookies. Interests are used for reach measurement or marketing. „Third-party cookies“ are often set by advertising networks that a site may subscribe to, website analytics services, social networks and others.

A general introduction to the use of cookies used for online marketing purposes can be found in a variety of services, especially in the case of tracking, via the US website www.aboutads.info/choices/ or the EU site www.youronlinechoices.com be explained.

 

 

Deletion of data:

The data processed by us are deleted or limited in their processing in accordance with Articles 17 and 18 DSGVO. Unless explicitly stated in this privacy policy, the data stored by us are deleted as soon as they are no longer required for their purpose and the deletion does not conflict with any statutory storage requirements. Unless the data is deleted because it is required for other and legitimate purposes, its processing will be restricted. The data is then blocked and not processed for other purposes. This applies, for example for data that must be kept for commercial or tax reasons.

According to legal requirements in Germany, the storage takes place in particular for 10 years according to §§ 147 Abs. 1 AO, 257 Abs. 1 Nr. 1 and 4, Abs. 4 HGB (books, records, management reports, accounting documents, trading books, relevant for taxation Documents, etc.) and 6 years in accordance with § 257 (1) no. 2 and 3, para. 4 HGB (commercial letters).

According to legal regulations in Austria the storage takes place especially for 7 years according to § 132 paragraph 1 BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years in the case of documents relating to electronically supplied services, telecommunications, broadcasting and television services provided to non-entrepreneurs in EU Member States and for which the Mini-One-Stop-Shop (MOSS) is used.

 

Business-related processing:

In addition we process

– Contract data (eg, subject matter, term, customer category).
– Payment data (eg, credit cards, bank details, payment gateways, payment history)

from our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

The Site does not directly store actual payment credentials such as credit card numbers or payment gateway passwords. It may store payment tokens, which are unique bits of data allowing access to recurring or long-standing payments, which pend the explicit User’s consent.

 

Hosting:

The hosting services we use are for the purpose of providing the following services: infrastructure and platform services, computing capacity, storage and database services, security and technical maintenance services we use to operate this online service.

Here we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer acc. Art. 6 para. 1 lit. f DSGVO i.V.m. Art. 28 DSGVO (conclusion of contract processing contract).

 

Collection of access data and log files:

We, or our hosting provider, collects on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO Data on every access to the server on which this service is located (so-called server log files). Access data includes: name of the retrieved web page/file, transferred amount of data, message about successful call, browser type and browser version, used operating system of the user, referrer URL (the previously visited page), host name of the accessing computer, Time of the server request, IP address, the requesting provider and active cookies. The basis for data processing is Art. 6 para. 1 lit. f DSGVO, which allows the processing of data for the performance of a contract or pre-contractual measures.

Log file information is stored for security and analysis purposes (for example, to investigate abusive or fraudulent activities). Data whose further retention is required for evidential purposes shall be exempted from the cancellation until final clarification of the incident.

 

Order processing in the online shop and customer account:

We process the data of our customers as part of the ordering process in our online shop to allow them to select and order the selected products and services, as well as their payment and delivery, or execution.

The processed data includes inventory data, communication data, contract data, payment data and persons affected by the processing belong to our customers, prospects and other business partners. Processing is for the purpose of providing contractual services in the context of the operation of an online shop, billing, delivery and customer service. Here we use session cookies for the storage of the shopping cart contents and permanent cookies for the storage of the login status.

The processing is based on Art. 6 para. 1 lit. b (execution of order transactions) and c (legally required archiving) DSGVO. The information marked as required for the establishment and fulfillment of the contract is required. We disclose the data to third parties only in the context of extradition, payment or in the context of legal permissions and obligations to legal advisors and authorities. The data will be processed in third countries only if this is necessary for the fulfillment of the contract (eg on customer request at delivery or payment).

The Site may offer optionally to create a user account, in particular by being able to view their orders. As part of the registration, the necessary mandatory information will be communicated to the users. The user accounts are not public and can not be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention is for commercial or tax reasons according to Art. 6 para. 1 lit. c DSGVO necessary. Information in the customer account remains until its deletion with subsequent archiving in case of a legal obligation. It is the responsibility of the users to secure their data upon termination before the end of the contract.

As part of the registration and re-registration and use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is necessary for the prosecution of our claims or there is a legal obligation in accordance with. Art. 6 para. 1 lit. c DSGVO.

The deletion takes place after expiry of legal warranty and comparable obligations, the necessity of keeping the data is checked every three years; in the case of legal archiving obligations, the deletion takes place after its expiration (end of commercial law (6 years) and tax law (10 years) retention obligation).

 

Administration, financial accounting, office organization, contact management:

We process data in the context of administrative tasks as well as 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 the course of rendering our contractual services. The processing principles are Art. 6 para. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. The processing affects customers, prospects, business partners and website visitors. The purpose and interest in processing lies in administration, financial accounting, office organization, data archiving, that is, tasks that serve to maintain our business, perform our duties and provide and improve our services. The deletion of the data in terms of contractual performance and contractual communication corresponds to the information provided in these processing activities.

In doing so, we disclose or transmit data to the financial administration, consultants, such as tax accountants or auditors, as well as other fee agents and payment service providers.

 

3rd-Party Services:

This Site uses 3rd-party services integrated in it, both server and client side. These includes content services such as embedded video or audio, social networks, data storage and backup services, network monitoring, security, analytics, payments, marketing and advertising services, mailing list / newsletter services and other services. Some of which may interact directly with the User (such as clicking “Follow” or “Like” on a social network IFrame or embedded component).

 

Google Analytics:

We use Google Analytics on our website. This is a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 (hereinafter: Google).

Through certification according to the EU-US Privacy Shield https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active Google guarantees that it will follow the EU’s data protection regulations when processing data in the United States. The Google Analytics service is used to analyze how our website is used. The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the analysis, optimization, and economic operation of our site. Usage and user-related information, such as IP address, place, time, or frequency of your visits to our website will be transmitted to a Google server in the United States and stored there. However, we use Google Analytics with the so-called anonymization function, whereby Google truncates the IP address within the EU or the EEA before it is transmitted to the US. The data collected in this way is in turn used by Google to provide us with an evaluation of visits to our website and what visitors do once there. This data can also be used to provide other services related to the use of our website and of the internet in general.

Google states that it will not connect your IP address to other data. In addition, Google provides further information with regard to its data protection practices at https://www.google.com/intl/de/policies/privacy/partners including options you can exercise to prevent such use of your data. In addition, Google offers an opt-out add-on at

https://tools.google.com/dlpage/gaoptout?hl=en in addition with further information. This add-on can be installed on the most popular browsers and offers you further control over the data that Google collects when you visit our website. The add-on informs Google Analytics’ JavaScript (ga.js) that no information about the website visit should be transmitted to Google Analytics. However, this does not prevent information from being transmitted to us or to other web analytics services we may use as detailed herein.

 

Meta (Facebook) Custom Audiences / Conversion (“Facebook Pixel”)
Purpose/Information:
This website uses the so-called “Facebook Pixel” and the Conversions API of the social network “Facebook” by Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (Meta) for the following purposes:

• Facebook (website) Custom Audiences
  We use the Facebook pixel and the Conversions API for remarketing purposes to be able to contact you again within 180 days. This allows us to display interest-based advertisements (“Facebook Ads”) to users of the website when they visit the social network “Facebook” or other websites also using this tool. In this way, we pursue the interest in displaying advertisements that are of interest to you in order to make our website or offers more interesting for you.
• Facebook conversion
  We also use the Facebook Pixel and the Conversions API to ensure that our Facebook Ads match the potential interest of users and are not annoying. With the help of the Facebook Pixel, we can track the effectiveness of Facebook ads for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook ad (so-called “conversion”).

Due to the marketing tools used (Facebook Pixel and Conversions API), your browser automatically establishes a direct connection with the Facebook server as soon as you have agreed to the use of cookies requiring your consent. Through the integration of the Facebook pixel and the usage of the Conversions API, Facebook receives the information that you have called up the corresponding website of our internet presence or clicked on an advertisement from us. If you are registered with a Facebook service, Facebook can assign the visit to your account.

The processing of this data by Facebook takes place within the framework of Facebook’s data policy. Special information and details about the Facebook pixel, the Conversions API and its functionality can also be found in the Facebook help area.

Cookie/Tools: Type C. More information can be found in the “Cookies/Tools” section.

Recipients:
Joint Controller:

We are jointly responsible with Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (Meta) for the collection and transfer of data in this process. This applies to the following purposes:

• The creation of individualised or suitable ads, as well as for their optimization
• Delivery of commercial and transaction-related messages (e.g. via Messenger)

The following processes are therefore not covered by joint controllership:

• The process that takes place after the collection and transmission is within the sole responsibility of Meta.
• The preparation of reports and analyses in aggregated and anonymised form is carried out as a Processor and is therefore within our responsibility.

We have concluded a corresponding agreement with Meta for joint controllership, which can be accessed here: https://www.facebook.com/legal/controller_addendum. This agreement defines the respective responsibilities for fulfilling the obligation under the GDPR with regard to joint controllership.

The contact details of the Controller and the data protection officer of Meta can be found here: https://www.facebook.com/about/privacy.

We have agreed with Meta that Meta can be used as a contact point for the exercise of data subject rights (see Section 1.3.). Without prejudice to this, the jurisdiction of the Rights of Data Subjects is not limited.

Further information on how Meta processes personal data, including its legal basis and further information on the rights of data subjects can be found here: https://www.facebook.com/about/privacy. We transfer the data within the scope of joint controllership based on the legitimate interest pursuant to Art. 6 (1) f GDPR.

Information on the data security conditions can be found here. https://www.facebook.com/legal/terms/data_security_terms and on processing on the basis of standard contractual clauses can be found here: https://www.facebook.com/legal/EU_data_transfer_addendum.

Further recipients can be found in the general recipients section 1.4.

Deletion/withdrawal:
You can deactivate this tool via the Cookie Settings here and for logged in users at https://www.facebook.com/settings/?tab=ads#.

Cookie lifetime: up to 180 days after last interaction (this applies only to cookies which have been set by this website)

Legal basis:
Art. 6 (1) a GDPR (consent)

 

 

Newsletter:

With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter you agree to the receipt and the described procedures.

Content of the newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter “newsletters”) only with the consent of the recipients or a legal permission. If the contents of a newsletter are specifically described within the scope of a registration, they are decisive for the consent of the users. In addition, our newsletters contain information about our services and us.

Opt-in and logging: Subscription to our newsletter takes place in an Opt-in procedure. This means that your registration to the newsletter’s mailing list requires your explicit request to register by your initiative: for instance by checking the “Subscribe to the newsletter” checkbox at checkout or by actively registering at the “Subscribe” page. Subscriptions to the newsletter are logged in order to be able to prove the registration process in accordance with legal requirements. This includes the storage of the login and confirmation time, as well as the IP address. The changes to your data stored with the shipping service provider are also logged.

Credentials: To subscribe to the newsletter, simply enter your e-mail address.

Germany: The dispatch of the newsletter and the performance measurement associated with it is based on the recipient’s consent pursuant to Art. 6 para. 1 lit. a, Art. 7 DSGVO in conjunction with § 7 para. 2 no. 3 UWG or on the basis of the legal permission pursuant to § 7 para. 3 UWG.

The registration procedure is recorded on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f DSGVO. We are interested in the use of a user-friendly and secure newsletter system that serves both our business interests and the expectations of users and also allows us to provide proof of consent.

Platforms: We use platforms Eventbrite, Mailchimp, Sendgrid and Reverbnation for the sending of our newsletters and communications. Hence both these platforms hold your mailing list subscription information, previous newsletters sent to you and tracking reactions and other related data.

Both platforms are GDPR / DSGVO compliant according to their own legal statements:

https://www.eventbrite.de/privacypolicy/

https://www.twilio.com/en-us/legal/privacy

https://mailchimp.com/help/about-mailchimp-the-eu-swiss-privacy-shield-and-the-gdpr/

https://www.reverbnation.com/termsandconditions

Cancellation/Revocation: You can unsubscribe from receiving of our newsletter at any time, i.e. revoke your consent. You will find a link to unsubscribe from the newsletter at the bottom of each newsletter. We may store the e-mail addresses we have unsubscribed for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove a previously given consent. The processing of these data is limited to the purpose of a possible defence against claims. An individual application for cancellation is possible at any time, provided that at the same time the former existence of a consent is confirmed.

Withdrawal, corrections, amendments and updates:

At any time you have the right to obtain free information about the origin, recipient and purpose of your stored personal data. You also have a right to request the correction, blocking or deletion of this data. For this purpose and for further questions about data protection, you can contact us at any time at the address given in the imprint. Furthermore, you have a right of appeal to the competent supervisory authority.