Introduction

With the following privacy policy, we would like to inform you about which types of your personal data (hereinafter also referred to briefly as “data”) we process for which purposes and to what extent. The privacy policy applies to all processing of personal data carried out by us, both in the context of providing our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as “online offering”).

The terms used are not gender-specific.

Status: December 9, 2019

Table of Contents

Responsible Party

ICT Berlin GmbH
Lübbenauer Weg 52
12527 Berlin
Germany

Email address: [email protected]

Overview of Processing

The following overview summarizes the types of data processed and the purposes of their processing and refers to the affected persons.

Types of Data Processed

  • Inventory data (e.g., names, addresses).
  • Content data (e.g., text input, photographs, videos).
  • Contact data (e.g., email, phone numbers).
  • Meta/communication data (e.g., device information, IP addresses).
  • Usage data (e.g., visited websites, interest in content, access times).

Categories of Affected Persons

  • Interested parties.
  • Communication partners.
  • Users (e.g., website visitors, users of online services).

Purposes of Processing

  • Visit action analysis.
  • Feedback (e.g., collecting feedback via online form).
  • Interest-based and behavioral marketing.
  • Contact inquiries and communication.
  • Conversion measurement (measuring the effectiveness of marketing measures).
  • Profiling (creating user profiles).
  • Remarketing.
  • Reach measurement (e.g., access statistics, recognition of returning visitors).
  • Tracking (e.g., interest/behavioral profiling, use of cookies).
  • Contractual services and service.

Relevant Legal Bases

Below we share the legal bases of the General Data Protection Regulation (GDPR) on which we process personal data. Please note that in addition to the GDPR regulations, national data protection requirements may apply in your or our country of residence and domicile.

  • Consent (Art. 6 para. 1 s. 1 lit. a GDPR) – The data subject has given consent to the processing of personal data concerning them for a specific purpose or several specific purposes.
  • Contract performance and pre-contractual inquiries (Art. 6 para. 1 s. 1 lit. b. GDPR) – Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
  • Legitimate interests (Art. 6 para. 1 s. 1 lit. f. GDPR) – Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject.

National data protection regulations in Germany: In addition to the data protection regulations of the General Data Protection Regulation, national data protection regulations apply in Germany. This includes in particular the Act on Protection against Misuse of Personal Data in Data Processing (Federal Data Protection Act – BDSG). The BDSG contains special regulations on the right to information, the right to erasure, the right to object, the processing of special categories of personal data, processing for other purposes and transmission as well as automated individual decision-making including profiling. Furthermore, it regulates data processing for employment purposes (§ 26 BDSG), particularly with regard to the establishment, performance or termination of employment relationships and the consent of employees. Furthermore, state data protection laws of the individual federal states may apply.

Security Measures

We take appropriate technical and organizational measures in accordance with legal requirements, taking into account the state of the art, implementation costs and the nature, scope, circumstances and purposes of processing, as well as the different probabilities of occurrence and extent of threat to the rights and freedoms of natural persons, to ensure a level of protection appropriate to the risk.

The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as access, input, disclosure, ensuring availability and separation concerning them. Furthermore, we have established procedures that ensure the exercise of data subject rights, deletion of data and responses to data threats. Furthermore, we consider the protection of personal data already during the development or selection of hardware, software and procedures according to the principle of data protection, through technology design and through data protection-friendly default settings.

SSL encryption (https): To protect your data transmitted via our online offering, we use SSL encryption. You can recognize such encrypted connections by the prefix https:// in the address line of your browser.

Data Processing in Third Countries

If we process data in a third country (i.e., outside the European Union (EU), the European Economic Area (EEA)) or processing takes place in the context of using third-party services or disclosure or transmission of data to other persons, bodies or companies, this is only done in accordance with legal requirements.

Subject to express consent or contractually or legally required transmission, we only process or have data processed in third countries with a recognized level of data protection, which include US processors certified under the “Privacy Shield,” or on the basis of special guarantees, such as contractual obligation through so-called standard contractual clauses of the EU Commission, the existence of certifications or binding internal data protection regulations (Art. 44 to 49 GDPR, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).

Use of Cookies

Cookies are text files that contain data from visited websites or domains and are stored by a browser on the user’s computer. A cookie primarily serves to store information about a user during or after their visit within an online offering. The stored information may include, for example, language settings on a website, login status, shopping cart, or the place where a video was watched. The term cookies also includes other technologies that perform the same functions as cookies (e.g., when user information is stored using pseudonymous online identifiers, also referred to as “user IDs”).

The following cookie types and functions are distinguished:

  • Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user leaves an online offering and closes their browser.
  • Permanent cookies: Permanent cookies remain stored even after closing the browser. For example, login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, user interests used for reach measurement or marketing purposes can be stored in such a cookie.
  • First-party cookies: First-party cookies are set by us ourselves.
  • Third-party cookies (also: third-party cookies): Third-party cookies are mainly used by advertisers (so-called third parties) to process user information.
  • Necessary (also: essential or absolutely required) cookies: Cookies may be absolutely necessary for the operation of a website (e.g., to save logins or other user inputs or for security reasons).
  • Statistics, marketing and personalization cookies: Furthermore, cookies are usually also used in the context of reach measurement as well as when a user’s interests or behavior (e.g., viewing certain content, using functions, etc.) are stored in a user profile on individual websites. Such profiles serve to show users, for example, content that corresponds to their potential interests. This process is also referred to as “tracking,” i.e., tracking the potential interests of users. Insofar as we use cookies or “tracking” technologies, we will inform you separately in our privacy policy or in the context of obtaining consent.

Notes on legal bases: The legal basis on which we process your personal data using cookies depends on whether we ask for your consent. If this applies and you consent to the use of cookies, the legal basis for processing your data is the declared consent. Otherwise, the data processed using cookies is processed on the basis of our legitimate interests (e.g., in a business operation of our online offering and its improvement) or, if the use of cookies is necessary to fulfill our contractual obligations.

General notes on withdrawal and objection (opt-out): Depending on whether the processing is based on consent or legal permission, you have the option at any time to withdraw consent given or to object to the processing of your data by cookie technologies (collectively referred to as “opt-out”). You can initially declare your objection by means of your browser settings, e.g., by deactivating the use of cookies (whereby this may also limit the functionality of our online offering). An objection to the use of cookies for online marketing purposes can also be declared via a variety of services, especially in the case of tracking, via the websites http://optout.aboutads.info and http://www.youronlinechoices.com/. In addition, you can receive further objection notices in the context of information about the service providers and cookies used.

Processing of cookie data based on consent: Before we process or have data processed in the context of using cookies, we ask users for consent that can be withdrawn at any time. Before consent is not given, at most cookies that are necessary for the operation of our online offering are used. Their use is based on our interest and the interest of users in the expected functionality of our online offering.

  • Types of data processed: Usage data (e.g., visited websites, interest in content, access times), meta/communication data (e.g., device information, IP addresses).
  • Affected persons: Users (e.g., website visitors, users of online services).
  • Legal bases: Consent (Art. 6 para. 1 s. 1 lit. a GDPR), legitimate interests (Art. 6 para. 1 s. 1 lit. f. GDPR).

Blogs and Publication Media

We use blogs or comparable means of online communication and publication (hereinafter “publication medium”). Reader data is processed for the purposes of the publication medium only insofar as it is necessary for its presentation and communication between authors and readers or for security reasons. For the rest, we refer to the information on the processing of visitors to our publication medium within these privacy notices.

  • Types of data processed: Inventory data (e.g., names, addresses), contact data (e.g., email, phone numbers), content data (e.g., text input, photographs, videos), usage data (e.g., visited websites, interest in content, access times), meta/communication data (e.g., device information, IP addresses).
  • Affected persons: Users (e.g., website visitors, users of online services).
  • Purposes of processing: Contractual services and service, feedback (e.g., collecting feedback via online form).
  • Legal bases: Contract performance and pre-contractual inquiries (Art. 6 para. 1 s. 1 lit. b. GDPR), legitimate interests (Art. 6 para. 1 s. 1 lit. f. GDPR).

Contact

When contacting us (e.g., via contact form, email, telephone or via social media), the information of the inquiring persons is processed insofar as this is necessary to answer the contact inquiries and any requested measures.

The response to contact inquiries in the context of contractual or pre-contractual relationships is made to fulfill our contractual obligations or to respond to (pre)contractual inquiries and otherwise on the basis of legitimate interests in responding to inquiries.

  • Types of data processed: Inventory data (e.g., names, addresses), contact data (e.g., email, phone numbers), content data (e.g., text input, photographs, videos).
  • Affected persons: Communication partners.
  • Purposes of processing: Contact inquiries and communication.
  • Legal bases: Contract performance and pre-contractual inquiries (Art. 6 para. 1 s. 1 lit. b. GDPR), legitimate interests (Art. 6 para. 1 s. 1 lit. f. GDPR).

Provision of Online Offering and Web Hosting

In order to provide our online offering securely and efficiently, we use the services of one or more web hosting providers, from whose servers (or servers managed by them) the online offering can be retrieved. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services as well as security services and technical maintenance services.

The data processed in the context of providing the hosting offering may include all information concerning users of our online offering that arises in the context of use and communication. This regularly includes the IP address, which is necessary to deliver the content of online offerings to browsers, and all entries made within our online offering or from websites.

Email sending and hosting: The web hosting services we use also include the sending, receiving and storage of emails. For these purposes, the addresses of recipients and senders as well as other information concerning email sending (e.g., the providers involved) and the contents of the respective emails are processed. The aforementioned data may also be processed for the purpose of detecting SPAM. We ask you to note that emails on the Internet are generally not sent encrypted. As a rule, emails are encrypted during transport, but (unless a so-called end-to-end encryption process is used) not on the servers from which they are sent and received. We therefore cannot assume responsibility for the transmission path of emails between the sender and reception on our server.

Collection of access data and log files: We ourselves (or our web hosting provider) collect data on every access to the server (so-called server log files). The server log files may include the address and name of the retrieved web pages and files, date and time of retrieval, amounts of data transferred, notification of successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page) and usually IP addresses and the requesting provider.

The server log files can be used for security purposes, e.g., to avoid server overload (especially in the case of abusive attacks, so-called DDoS attacks) and on the other hand, to ensure server utilization and stability.

  • Types of data processed: Content data (e.g., text input, photographs, videos), usage data (e.g., visited websites, interest in content, access times), meta/communication data (e.g., device information, IP addresses).
  • Affected persons: Users (e.g., website visitors, users of online services).
  • Legal bases: Legitimate interests (Art. 6 para. 1 s. 1 lit. f. GDPR).

Web Analytics and Optimization

Web analytics (also referred to as “reach measurement”) serves to evaluate visitor flows to our online offering and may include behavior, interests or demographic information about visitors, such as age or gender, as pseudonymous values. With the help of reach analysis, we can, for example, recognize at what time our online offering or its functions or content are most frequently used or invite reuse. Likewise, we can understand which areas need optimization.

In addition to web analytics, we may also use test procedures to test and optimize different versions of our online offering or its components, for example.

For these purposes, so-called user profiles may be created and stored in a file (so-called “cookie”) or similar procedures with the same purpose may be used. This information may include, for example, content viewed, web pages visited and elements used there, and technical information such as the browser used, the computer system used, and information on usage times. If users have consented to the collection of their location data, this may also be processed depending on the provider.

The IP addresses of users are also stored. However, we use an IP masking procedure (i.e., pseudonymization by shortening the IP address) to protect users. Generally, in the context of web analytics, A/B testing and optimization, no clear data of users (such as email addresses or names) is stored, but pseudonyms. This means that we as well as the providers of the software used do not know the actual identity of the users, but only the information stored in their profiles for the purposes of the respective procedures.

Notes on legal bases: If we ask users for their consent to the use of third-party providers, the legal basis for data processing is consent. Otherwise, user data is processed on the basis of our legitimate interests (i.e., interest in efficient, economical and recipient-friendly services). In this context, we would also like to refer you to the information on the use of cookies in this privacy policy.

  • Types of data processed: Usage data (e.g., visited websites, interest in content, access times).
  • Affected persons: Users (e.g., website visitors, users of online services).
  • Purposes of processing: Reach measurement (e.g., access statistics, recognition of returning visitors), tracking (e.g., interest/behavioral profiling, use of cookies), visit action analysis, profiling (creating user profiles), interest-based and behavioral marketing.
  • Security measures: IP masking (pseudonymization of IP address).
  • Legal bases: Consent (Art. 6 para. 1 s. 1 lit. a GDPR), legitimate interests (Art. 6 para. 1 s. 1 lit. f. GDPR).

Services and service providers used:

Online Marketing

We process personal data for online marketing purposes, which may include in particular the marketing of advertising space or presentation of advertising and other content (collectively referred to as “content”) based on potential user interests as well as measuring their effectiveness.

For these purposes, so-called user profiles are created and stored in a file (so-called “cookie”) or similar procedures are used, by means of which the information relevant to the user for the presentation of the aforementioned content is stored. This information may include, for example, content viewed, websites visited, online networks used, but also communication partners and technical information such as the browser used, the computer system used, and information on usage times. If users have consented to the collection of their location data, this may also be processed.

The IP addresses of users are also stored. However, we use available IP masking procedures (i.e., pseudonymization by shortening the IP address) to protect users. Generally, no clear data of users (such as email addresses or names) is stored in the online marketing process, but pseudonyms. This means that we as well as the providers of online marketing procedures do not know the actual identity of users, but only the information stored in their profiles.

The information in the profiles is usually stored in cookies or by means of similar procedures. These cookies can later generally also be read on other websites that use the same online marketing procedure and analyzed for the purpose of displaying content as well as supplemented with further data and stored on the server of the online marketing procedure provider.

Exceptionally, clear data can be assigned to profiles. This is the case if users are, for example, members of a social network whose online marketing procedure we use and the network connects the profiles of users with the aforementioned information. We ask you to note that users may make additional agreements with the providers, e.g., through consent in the context of registration.

We generally only receive access to summarized information about the success of our advertisements. However, within the framework of so-called conversion measurements, we can check which of our online marketing procedures led to a so-called conversion, i.e., for example, to a contract conclusion with us. Conversion measurement is used solely to analyze the success of our marketing measures.

Unless otherwise stated, we ask you to assume that cookies used are stored for a period of two years.

Notes on legal bases: If we ask users for their consent to the use of third-party providers, the legal basis for data processing is consent. Otherwise, user data is processed on the basis of our legitimate interests (i.e., interest in efficient, economical and recipient-friendly services). In this context, we would also like to refer you to the information on the use of cookies in this privacy policy.

  • Types of data processed: Usage data (e.g., visited websites, interest in content, access times), meta/communication data (e.g., device information, IP addresses).
  • Affected persons: Users (e.g., website visitors, users of online services), interested parties.
  • Purposes of processing: Tracking (e.g., interest/behavioral profiling, use of cookies), remarketing, visit action analysis, interest-based and behavioral marketing, profiling (creating user profiles), conversion measurement (measuring the effectiveness of marketing measures), reach measurement (e.g., access statistics, recognition of returning visitors).
  • Security measures: IP masking (pseudonymization of IP address).
  • Legal bases: Consent (Art. 6 para. 1 s. 1 lit. a GDPR), legitimate interests (Art. 6 para. 1 s. 1 lit. f. GDPR).
  • Opt-out option: We refer to the privacy notices of the respective providers and the opt-out options given for the providers (so-called “opt-out”). If no explicit opt-out option has been specified, you have the option of turning off cookies in your browser settings. However, this may restrict functions of our online offering. We therefore additionally recommend the following opt-out options, which are offered collectively for respective areas:

    a) Europe: https://www.youronlinechoices.eu.
    b) Canada: https://www.youradchoices.ca/choices.
    c) USA: https://www.aboutads.info/choices.
    d) Cross-regional: http://optout.aboutads.info.

Services and service providers used:

Changes and Updates to the Privacy Policy

We ask you to regularly inform yourself about the content of our privacy policy. We adapt the privacy policy as soon as changes in the data processing we carry out make this necessary. We will inform you as soon as the changes require a cooperative act on your part (e.g., consent) or other individual notification becomes necessary.

If we provide addresses and contact information of companies and organizations in this privacy policy, please note that addresses may change over time and please check the information before contacting us.