1) Information on collecting personal data and contact details of the controller
1.1 We are pleased that you are visiting our website and thank you for your interest. In the following sections we will inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.
1.2 The controller of data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Berlin Tourismus & Kongress GmbH, Am Karlsbad 11, 10785 Berlin, Germany, Phone: 030/ 25 00 23 33, Fax: 030/ 25 00 24 24, E-mail: hallo@visitBerlin.de. The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
1.3 The data controller has appointed a data protection officer, who can be contacted as follows:
“AMD TÜV Arbeitsmedizinische Dienste GmbH, Herr Oliver Gröger, Alboinstraße 56, 12103 Berlin”
1.4 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or enquiries to the data controller). You can recognise an encrypted connection by the character string “https://” and the lock symbol in your browser line.
2) Data collection when visiting our website
During the purely informational use of our website, i.e. if you do not register or otherwise transmit information to us, we only collect data that your browser transmits to our server (server log files). When you visit our website, we collect the following data, which is technically necessary for us to display the website to you:
- Our visited website
- Date and time accessed
- Quantity of data sent in bytes
- Source/link from which you reached the page
- Browser used
- Operating system used
- IP address used (if necessary in anonymised form)
Processing is carried out in accordance with Art. 6 para. 1 lit. f of the GDPR on the basis of our legitimate interest to improve the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to subsequently check the server log files if there are specific indications of unlawful use.
2.1 Hosting and Content Delivery Networks (CDN)
This website is hosted by an external service provider (WebGo). The personal data recorded on this website are stored on the host’s servers. These data may be IP addresses, contact requests, meta and communication data, contract data, contact data, names, website accesses, and other data generated by a website, among others. The host serves to fulfil contracts with our potential and existing customers (Art. 6 para. 1 lit. b GDPR) and in the interest of a secure, swift, and efficient provision of our online presence by a professional provider (Art. 6 para. 1 lit. f GDPR). Our host will only process your data insofar as this is required, and will follow our instructions with regard to these data.
Formation of an order-based processing contract
We have concluded an order processing agreement with WebGo, with which we oblige WebGo to protect our customers’ data and not to pass it on to third parties.
If personal data is also processed by individual cookies used by us, the processing is carried out in accordance with Art. 6 para. 1 lit. b of the GDPR either for the execution of the contract, in accordance with Art. 6 para. 1 lit. a of the GDPR in the case of consent given or in accordance with Art. 6 para. 1 lit. f of the GDPR to protect our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective design of the page visited.
In some circumstances we work with advertising partners who help us make our Internet presence more interesting for you. For this purpose, and in this case, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies). The following paragraphs individually and separately inform you of the use of such cookies and the scope of the information retrieved when we work with the aforementioned advertising partners.
Please note that you can additionally set your browser so that you are informed about the setting of cookies and can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. This can be found for each browser via the following links:
Internet Explorer: https://support.microsoft.com/en-us/topic/delete-and-manage-cookies-168dab11-0753-043d-7c16-ede5947fc64d
Please note that if you do not accept essential cookies, the functionality of our website may be limited.
4) Making contact
Personal data is collected when you make contact with us (e.g. by contact form or e-mail). Which data is collected when you use a contact form is apparent from the contact form itself. This data is stored and used exclusively for the purpose of answering your request or for making contact, and the associated technical administration. The legal basis for the processing of data is our legitimate interest in responding to your request in accordance with Art. 6 para. 1 lit. f of the GDPR. If you make contact with a view to concluding a contract, the additional legal basis for processing is Art. 6 para. 1 lit. b of the GDPR. Your data will be deleted after the final processing of your request. This is the case if the circumstances indicate that the matter in question has been conclusively clarified and provided there are no legal obligations to retain the data.
5) Making appointments online
Special function for making appointments online. We process your personal data within the bounds of the online appointment agreement provided. You can read the respective input form or appointment request for the appointment agreement to see which data we retrieve for the online appointment agreement. If specific data are required to be able to conduct an online appointment agreement, we will clearly specify this in the input form or appointment request. If we provide a free text field in the input form, you can describe your request in greater detail therein. You can also determine which additional data you would like to provide. The data you have provided are solely stored and used for purposes of the appointment agreement. When processing personal data required to fulfil a contract with you (this also applies to processing required to conduct pre-contractual measures), Art. 6 para. 1 lit. b GDPR serves as the legal basis. If you have consented to the processing of your data, the processing is based on Art. 6 para. 1 lit. a GDPR. Any granted consent can be revoked at any time by sending a message to the processor specified at the beginning of this policy.
6) Use of customer data for direct advertising
6.1 Registration for our e-mail newsletter
If you register for our e-mail newsletter, we will regularly send you information about our offers. The only data mandatory for sending the newsletter is your e-mail address. The provision of further data is voluntary and will be used to address you personally. We use the double opt-in procedure for sending the newsletter. This means that we will only send you an e-mail newsletter if you have expressly confirmed that you consent to receiving newsletters. We will then send you a confirmation e-mail asking you to confirm that you wish to receive the newsletter in future by clicking on an appropriate link.
By activating the confirmation link, you give us your consent for the use of your personal data in accordance with Art. 6 para. 1 lit. a of the GDPR. When you register for our newsletter, we store the IP address registered by your Internet service provider (ISP) as well as the date and time of the registration in order to be able to detect any possible misuse of your e-mail address in the future. The data collected by us when you register for the newsletter is used exclusively for the purpose of advertising in the newsletter. You can unsubscribe from the newsletter at any time via the link provided for this in the newsletter, or by sending a message to the processor specified at the beginning of this policy. After you have unsubscribed, your e-mail address will immediately be deleted from our newsletter mailing list if you have not explicitly consented to the further use of your data or if we reserve the right to any further use of the data in accordance with the law, and which we inform you of in this policy.
6.2 Sending the e-mail newsletter to existing customers
If you have provided us with your e-mail address when purchasing goods or services, we reserve the right to regularly send you e-mail offers for similar goods or services to those you have already purchased from our range. In accordance with § 7 para. 3 of the Unfair Competition Act (UWG), we do not need to obtain your separate consent for this. In this respect, the data processing is carried out solely on the basis of our legitimate interest in personalised direct advertising in accordance with Art. 6 para. 1 lit. f of the GDPR. If you have initially objected to the use of your e-mail address for this purpose, no e-mails will be sent by us. You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with future effect by notifying the data controller named at the beginning. In this case, you will only be charged transmission costs according to the base rates. After receipt of your objection, the use of your e-mail address for advertising purposes will cease immediately.
6.3 Newsletter dispatch via Emarsys eMarketing Systems AG
Our e-mail newsletter is sent via the technical service provider Emarsys eMarketing Systems AG, Märzstrasse 1, A-1150, Vienna (Emarsys), to whom we provide your data provided during registration for the newsletter. This forwarding is based on Art. 6 para. 1 lit. f GDPR, and serves our justified interest in the use of a promotionally effective, secure, and user-friendly newsletter system. Your data provided to receive the newsletter (e.g., e-mail address) are stored on Emarsys’ servers in the EU.
Emarsys uses this information to send and statistically evaluate the newsletter on our behalf. For the evaluation, the e-mails sent contain web beacons or tracking pixels, which are single-pixel image files that are stored on our website. This can determine whether a newsletter message has been opened and which links, if any, were clicked on. Conversion tracking can also be used to analyse whether a predefined action (e.g., purchase of a product on our website) occurred after the link in the newsletter was clicked. Technical information is also recorded (e.g., time of visit, IP address, browser type, and operating system). The data is only collected pseudonymously and is not linked to your other personal data. A direct reference to an individual person is excluded. This data is used exclusively for the statistical analysis of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of the recipients.
You must unsubscribe from the newsletter if you wish to object to data analysis for statistical evaluation purposes.
We and Emarsys have formed an order-based processing agreement with which Emarsys is obligated to protect our customers‘ data and not disclose them to third parties.
6.4 Newsletter dispatch via Episerver Campaign
Our e-mail newsletters are sent via the technical service provider Episerver Campaign, Wallstraße 16, 10179 Berlin (“Episerver”), to whom we pass on the data you provided when registering for the newsletter. This transfer takes place in accordance with Art. 6 para. 1 lit. f of the GDPR and serves our legitimate interest in using an effective advertising, secure and user-friendly newsletter system. The data you enter for the purpose of receiving the newsletter (e.g. e-mail address) is stored on Episerver’s servers in the EU.
Episerver uses this information to send and statistically evaluate the newsletter on our behalf. For the evaluation, the e-mails sent contain web beacons or tracking pixels, which are single-pixel image files that are stored on our website or web content of the e-mail. This can determine whether a newsletter message has been opened and which links, if any, were clicked on. Conversion tracking can also be used to analyse whether a predefined action (e.g., purchase of a product on our website) occurred after the link in the newsletter was clicked.
Technical information is also recorded (e.g., time of visit, IP address, browser type, and operating system). The data is only collected pseudonymously and is not linked to your other personal data. A direct reference to an individual person is excluded. This data is used exclusively for the statistical analysis of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of the recipients.
You must unsubscribe from the newsletter if you wish to object to data analysis for statistical evaluation purposes.
We have concluded an order processing agreement with Episerver, with which we oblige Episerver to protect our customers’ data and not to pass it on to third parties.
7) Use of social media: Social Plugins
Social plugins (plugins) from the online service LinkedIn are used on our website. This service is operated by LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland (LinkedIn).
In order to improve the protection of your data when visiting our website, the plugins are initially deactivated via a 2-click solution. You can recognise deactivated plugins by their grey colour. This integration into our website ensures that, when you visit one of our pages containing such plugins, there is initially no connection with LinkedIn’s servers. Only when you activate the plugins, thereby granting your consent to the forwarding of data pursuant to Art. 6 para. 1 lit. a GDPR, does your browser form a direct connection with LinkedIn’s servers. The contents of the respective plugin are transmitted directly to your browser and integrated into the page. The plugin then transmits data (including your IP address) to LinkedIn. We have no influence over the scope of the data obtained by LinkedIn via the plugins. As far as we are aware, LinkedIn does receive information on which of our websites you have visited and are visiting. Through the integration of the plugins, LinkedIn then also learns that your browser has visited the respective page in our web presence if you do not have a LinkedIn profile or are not currently logged in to LinkedIn. The data obtained (including your IP address) are transmitted from your browser directly to a server of LinkedIn Inc. in the USA, and stored there. If you interact with the plugins, the respective information is also transmitted directly to a LinkedIn server and stored there. The information is also published on LinkedIn and displayed to your contacts there.
You can revoke your consent at any time by clicking again to deactivate the activated plugin. However, this revocation of consent has no impact on the data that were already forwarded to LinkedIn.
8) Use of social media: videos
Use of YouTube videos
With your consent, this website uses the YouTube embedding function to display and play videos of the YouTube provider, which belongs to Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”).
Irrespective of whether the embedded videos are played or not, a connection to the Google network is established each time this website is opened, which may trigger further data processing operations without our influence.
As far as legally required, we have obtained your consent in accordance with Art. 6 para. 1 lit. a of the GDPR for the processing of your data as described above. You can revoke your consent at any time with future effect. To exercise your right of revocation, deactivate this service in the Cookie Consent Tool provided on the website.
9) Web analysis services
Google (Universal) Analytics
This website exclusively uses Google (Universal) Analytics with the extension “_anonymizeIp()”, which ensures anonymisation of the IP address by shortening it and excludes direct personal references. As a result of the extension, your IP address is first shortened by Google within member states of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a server of Google LLC server in the USA and shortened there. Google will use such data on our behalf to interpret your use of the website, to compile reports on website activities and to provide us with other services connected with the website and internet use. The IP address transmitted by your browser as part of Google (Universal) Analytics is not merged with other Google data.
Google Analytics contains a special function known as “Demographics” that facilitates the generation of statistics with information on age, sex, and interests of page visitors based on an evaluation of interest-based advertising and with inclusion of third-party provider information. This also facilitates the definition and differentiation of user circles of the website for purposes of target group-based alignment of marketing measures. However, the data sets obtained via “Demographics” cannot be allocated to a specific person.
All processing described above, in particular the setting of Google Analytics cookies for reading out information on the device used, will only be carried out if you have given us your express consent to do so in accordance with Art. 6 para. 1 lit. a of the GDPR. Without this consent, Google Analytics will not be used during your visit to our website.
You can revoke your consent at any time with future effect. To exercise your right of revocation, please deactivate this service in the Cookie Consent Tool provided on the website. We have concluded an order processing agreement with Google for the use of Google Analytics, which obliges Google to protect the data of our site visitors and not to pass it on to third parties.
For the transfer of data from the EU to the USA, Google refers to standard data protection clauses of the European Commission, which are intended to ensure compliance with the European level of data protection in the USA.
Further information on Google (Universal) Analytics can be found here: https://policies.google.com/privacy?hl=en-GB&gl=de.
10) Tools and other services
This website uses the Cookie Consent tool from consentmanager (Jaohawi AB, Håltegelvägen 1b, 72348 Västerås, Sweden (consentmanager)) to obtain valid user consent for consent-based cookies and cookie-based applications.
The Cookie Consent tool retrieves specific user information (including IP address), which is then forwarded to and saved in consentmanager servers, so that the Cookie Consent tool can clearly allocate page visits to individual users, and can individually record, log, and, for the duration of the session, store the consent settings made by the user, when our website is visited.
This data processing is carried out in accordance with Art. 6 para. 1 lit. f of the GDPR on the basis of our legitimate interest in a legally compliant, user-specific and user-friendly consent management for cookies and thus in a legally compliant design of our website.
Further legal basis for the described data processing is furthermore Art. 6 para. 1 lit. c of the GDPR. As the data controller, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user consent.
11) Rights of data subjects
11.1 The applicable data protection law grants you comprehensive data subject rights with respect to the data controller responsible for processing your personal data (rights of access and intervention) about which we inform you below:
– Right to information in accordance with Art. 15 of the GDPR: In particular, you have a right of access concerning your personal data processed by us, the purposes of the processing, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or is disclosed, the planned storage duration or the criteria for determining the storage duration, the existence of any right to rectification, erasure, restriction of processing, objection to processing, complaining to a supervisory authority, the source of your data if it was not collected from you by us, the existence of any automated decision making including profiling and if necessary important information on the logic involved and the scope concerning you and the desired effects of such processing as well as your right to notification about which guarantees exist as per Art. 46 of the GDPR on transferring your data to third countries;
– Right to rectification in accordance with Art. 16 of the GDPR: You have a right to immediate rectification of incorrect data concerning you and/or completion of your incomplete data stored by us;
– Right to erasure in accordance with Art. 17 of the GDPR: You have the right to demand erasure of your personal data subject to the provisions of Art. 17 para. 1 of the GDPR. However, this right shall not apply in particular if the processing is necessary to exercise the right to free expression of opinion and to information, to fulfil any legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
– Right to restriction of processing in accordance with Art. 18 of the GDPR: You have the right to demand restriction of the processing of your personal data as long as the accuracy of our data disputed by you is reviewed, if you reject erasure of your data on account of unreliable data processing and instead demand restriction of the processing of your data, if you need your data to assert, exercise or defend legal claims, after we no longer require such data once it has achieved its purpose or if you have submitted an objection for reasons pertaining to your specific situation, unless it is yet to be determined whether our legitimate reasons prevail;
– Right to information in accordance with Art. 19 of the GDPR: If you have asserted the right to rectification, erasure or restriction of processing to the data controller, this entity is obliged to inform all the recipients to whom the personal data concerning you has been disclosed of such rectification or erasure of data or restriction of processing, unless this proves to be impossible or is associated with disproportionate costs. You have the right to be informed of such recipients.
– Right to data portability in accordance with Art. 20 of the GDPR: You have the right to receive your personal data which you have made available to us in a structured, accessible and machine-readable format or to demand transmission to another data controller insofar as this is technically feasible;
– Right to revoke consent given in accordance with Art. 7 para. 3 of the GDPR: You have the right to withdraw your consent to the processing of data at any time with future effect. In the event of withdrawal, we will immediately delete the data concerned, unless further processing can be legally based on processing that does not require consent. The withdrawal of the consent does not affect the lawfulness of the processing carried out on the basis of the consent prior to the withdrawal;
– Right to lodge a complaint in accordance with Art. 77 of the GDPR: If you are of the opinion that the processing of personal data concerning you is in breach of the GDPR, you have – regardless of any other administrative or legal remedy – the right to complain to a supervisory authority, particularly in the member state of your place of residence, your workplace or the place of the presumed infringement.
11.2 RIGHT TO OBJECT
IF AS PART OF THE BALANCING OF INTERESTS WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREVAILING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO SUBMIT AN OBJECTION TO SUCH PROCESSING WITH FUTURE EFFECT FOR REASONS ARISING FROM YOUR SPECIFIC SITUATION.
IF YOU MAKE USE OF YOUR RIGHT OF OBJECTION, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING GROUNDS FOR PROCESSING WORTHY OF PROTECTION WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US IN ORDER TO CONDUCT DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU MAKE USE OF YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE DATA IN QUESTION FOR THE PURPOSE OF DIRECT ADVERTISING.
12) Duration of storage of personal data
The duration of the storage of personal data is measured on the basis of the respective legal basis, the processing purpose and – if relevant – also on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).
When personal data is processed on the basis of express consent in accordance with Art. 6 para. 1 lit. a of the GDPR, this data is stored until the person concerned revokes his or her consent.
If there are statutory retention periods for data that is processed within the scope of legal obligations or similar obligations on the basis of Art. 6 para. 1 lit. b of the GDPR, this data will be routinely deleted after expiry of the retention periods, provided that it is no longer required for the performance of the contract or the initiation of the contract and/or there is no legitimate interest on our part in continuing to store it.
When processing personal data on the basis of Art. 6 para. 1 lit. f of the GDPR, this data is stored until the data subject exercises his or her right to object in accordance with Art. 21 para. 1 of the GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing is for the purpose of asserting, exercising or defending legal claims.
When processing personal data for the purpose of direct marketing on the basis of Art. 6 para. 1 lit. f of the GDPR, this data will be stored until the data subject exercises his or her right to object in accordance with Art. 21 para. 2 of the GDPR.
Unless stated otherwise in the other information in this statement about specific processing situations, stored personal data will be deleted when it is no longer necessary for the purposes for which it was collected or processed.
Copyright © 2021, IT-Recht-Kanzlei, Alter Messeplatz 2, 80339 Munich, Germany Phone: +49 (0)89 / 130 1433 0 Fax: +49 (0)89 / 130 1433 – 60
Version: April 2022