Data protection

This Privacy Policy informs you about the type, scope, and purpose of the processing of personal data (hereinafter referred to as ‘data’) within our online offer and the associated websites, features, and content, as well as external online presences, such as our social media profiles (collectively referred to as ‘online offer’). With regard to the terms used, such as ‘processing’ or ‘controller,’ we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

Data controller

ProQuote Film e.V.
Markgrafendamm 24, Haus 16
10245 Berlin
Deutschland

Kontakt@proquote-film.de
ViSdP: Michaela Marmulla, Paula Essam, Eva Maria Sommersberg

Types of processed data:

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

Categories of data subjects

Visitors and users of the online offer (hereinafter referred to as ‘users’ collectively).

Purpose of processing

– Provision of the online offering, its functions, and content.

– Responding to contact requests and communicating with users.

– Security measures.

– Audience measurement/marketing.

Terms 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 performed with or without the help of automated procedures in relation to personal data. The term is broad and covers virtually any handling of data.

“Pseudonymization” means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is stored separately and is subject to technical and organizational measures ensuring that the personal data cannot be assigned to an identified or identifiable natural person.

“Profiling” means any kind of automated processing of personal data that involves using personal data to evaluate certain personal aspects related to a natural person, particularly to analyze or predict aspects concerning the person’s work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

“Controller” refers to the natural or legal person, authority, agency, or other body that alone or jointly with others decides on the purposes and means of processing personal data.

“Processor” refers to a natural or legal person, authority, agency, or other body that processes personal data on behalf of the controller.

Legal Basis for Processing

In accordance with Article 13 of the GDPR, we inform you about the legal bases for our data processing. If the legal basis is not mentioned in the privacy policy, the following applies: The legal basis for obtaining consents is Article 6 (1) lit. a and Article 7 of the GDPR, the legal basis for processing to fulfill our services and perform contractual measures, as well as to respond to inquiries, is Article 6 (1) lit. b of the GDPR, the legal basis for processing to fulfill our legal obligations is Article 6 (1) lit. c of the GDPR, and the legal basis for processing to safeguard our legitimate interests is Article 6 (1) lit. f of the GDPR. If processing is necessary to protect vital interests of the data subject or another natural person, Article 6 (1) lit. d of the GDPR serves as the legal basis.

Security Measures

In accordance with Article 32 of the GDPR, we implement appropriate technical and organizational measures, taking into account the state of the art, the cost of implementation, the nature, scope, circumstances, and purposes of processing, as well as the likelihood and severity of the risk to the rights and freedoms of natural persons, to ensure a level of protection appropriate to the risk.

These measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as controlling access, input, transfer, ensuring availability, and separating the data. We also have procedures in place to ensure the exercise of data subject rights, data deletion, and response to data breaches. Furthermore, we take into account the protection of personal data already during the development or selection of hardware, software, and procedures, in line with the principle of data protection by design and by default (Article 25 of the GDPR).

Cooperation with Processors and Third Parties

If, within the scope of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them, or otherwise grant them access to the data, this will only occur based on a legal permission (e.g., if the transmission of data to third parties, such as payment service providers, is necessary for contract fulfillment according to Article 6 (1) lit. b of the GDPR), if you have given consent, if a legal obligation requires it, or based on our legitimate interests (e.g., when using agents, web hosting services, etc.).

If we engage third parties to process data on the basis of a “data processing agreement,” this will be done in accordance with Article 28 of the 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 this occurs in the context of using third-party services or disclosing or transferring data to third parties, this will only happen if it is necessary to fulfill 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 only process or allow the processing of data in a third country when the specific requirements of Articles 44 et seq. of the GDPR are met. This means, for example, that processing will take place based on special guarantees, such as the officially recognized determination of an EU-equivalent level of data protection (e.g., for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “Standard Contractual Clauses”).

Rights of Data Subjects

You have the right to request confirmation as to whether your data is being processed and to request information about this data, as well as additional information and a copy of the data in accordance with Article 15 of the GDPR.

In accordance with Article 16 of the GDPR, you have the right to request the completion of your data or the correction of any inaccurate data concerning you.

According to Article 17 of the GDPR, you have the right to request that your data be erased immediately, or alternatively, under Article 18 of the GDPR, to request the restriction of data processing.

You have the right to request that the data you have provided to us be transmitted in accordance with Article 20 of the GDPR and to demand its transmission to other controllers.

Furthermore, under Article 77 of the GDPR, you have the right to lodge a complaint with the competent supervisory authority.

Right to Withdraw Consent

You have the right to withdraw any consent given under Article 7 (3) of the GDPR with future effect.

Right to Object

You may object to the future processing of your data at any time in accordance with Article 21 of the GDPR. The objection may particularly be made against the processing for direct marketing purposes.

Cookies and Right to Object to Direct Marketing

“Cookies” are small files stored on users’ devices. Various information can be stored within these cookies. A cookie primarily serves to store information about a user (or the device the cookie is stored on) during or after their visit to an online service. “Temporary cookies” or “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 store or a login status may be stored in such a cookie. “Permanent” or “persistent” cookies are those that remain stored even after the browser is closed. For instance, a login status may be retained when users visit the site again after several days. Similarly, such cookies may store users’ interests, which are used for reach measurement or marketing purposes. “Third-party cookies” are cookies placed by providers other than the controller who operates the online service (if they are only the controller’s cookies, they are called “first-party cookies”).

We may use temporary and permanent cookies and will inform users about this in our privacy policy.

If users do not want cookies to be stored on their device, they are asked to disable the corresponding option in their browser settings. Stored cookies can also be deleted in the browser settings. Excluding cookies may lead to functional limitations of this online service.

A general objection to the use of cookies for online marketing purposes can be made through various services, especially in the case of tracking, via the U.S. website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Additionally, the storage of cookies can be disabled by adjusting the browser settings. Please note that not all functions of this online service may then be available.

Data Deletion

The data we process will be deleted or its processing restricted in accordance with Articles 17 and 18 of the GDPR. Unless explicitly stated otherwise in this privacy policy, the data we store will be deleted as soon as it is no longer necessary for its intended purpose and there are no legal retention obligations preventing deletion. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.

According to legal requirements in Germany, retention occurs, in particular, for 10 years in accordance with §§ 147 (1) AO, 257 (1) No. 1 and 4, (4) HGB (books, records, management reports, booking documents, commercial books, and taxation-relevant documents, etc.) and 6 years in accordance with § 257 (1) No. 2 and 3, (4) HGB (business letters).

According to legal requirements in Austria, retention occurs, in particular, for 7 years in accordance with § 132 (1) BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, income and expenditure reports, etc.), for 22 years in relation to real estate, and for 10 years for documents related to electronically provided services, telecommunications, broadcasting, and television services provided to non-business customers in EU Member States for which the Mini-One-Stop-Shop (MOSS) is used.

Provision of Our Statutory and Business Services

We process the data of our members, supporters, interested parties, customers, or other individuals in accordance with Art. 6 (1) lit. b GDPR, if we offer them contractual services or if we engage in activities within an existing business relationship, such as with members, or if we ourselves are recipients of services and donations. Additionally, we process the data of affected individuals according to Art. 6 (1) lit. f GDPR based on our legitimate interests, for example, when it comes to administrative tasks or public relations.

The data processed, including the type, scope, purpose, and necessity of the processing, depends on the underlying contractual relationship. This typically includes basic and master data of individuals (e.g., name, address, etc.), contact details (e.g., email address, phone number, etc.), contractual data (e.g., services used, shared content and information, names of contact persons), and, if we offer paid services or products, payment data (e.g., bank account details, payment history, etc.).

We delete data that is no longer required for the provision of our statutory and business services. The necessity of retention is determined by the respective tasks and contractual relationships. In the case of business processing, we retain data as long as it is relevant for business transactions and potentially for warranty or liability obligations. The necessity of data retention is reviewed every three years; otherwise, statutory retention obligations apply.

Registration Function

Users can create a user account. During the registration process, the required mandatory information will be provided to users and processed based on Article 6(1)(b) of the GDPR for the purpose of providing the user account. The processed data includes, in particular, login information (name, password, and an email address). The data entered during registration will be used for the purpose of using the user account and its functions.

Users may be informed by email about information relevant to their user account, such as technical changes. If users terminate their user account, their data related to the user account will be deleted, subject to any statutory retention obligations. It is the users’ responsibility to back up their data before the contract ends if they cancel. We are entitled to irreversibly delete all data stored during the contract period.

In the context of using our registration and login features and the user account, we store the IP address and the time of each user action. The storage is based on our legitimate interests, as well as the users’ interest in protection against misuse and unauthorized use. This data is generally not shared with third parties unless it is required to enforce our claims or there is a legal obligation under Article 6(1)(c) of the GDPR. IP addresses will be anonymized or deleted within 7 days at the latest.

Kontaktaufnahme

When contacting us (e.g., via contact form, email, phone, or social media), the user’s information will be processed in accordance with Article 6(1)(b) (within the scope of contractual/pre-contractual relationships), Article 6(1)(f) (for other inquiries) of the GDPR for the purpose of handling the contact request and its processing. The user information may be stored in a Customer Relationship Management System (“CRM System”) or a similar inquiry management system.

We delete inquiries once they are no longer necessary. We review their necessity every two years. Additionally, statutory archiving obligations apply.

Newsletter Subscription

With the following information, we inform you about the contents of our newsletter, the registration, distribution, and statistical evaluation process, as well as your right to object. By subscribing to our newsletter, you consent to receiving the newsletter and the described procedures.

Contents of the Newsletter:
We send newsletters, emails, and other electronic notifications with promotional information (hereinafter referred to as “Newsletters”) only with the consent of the recipients or based on a legal permission. If the contents of the newsletter are specifically defined during the subscription process, they are decisive for the users’ consent. Otherwise, our newsletters contain information about our services and us.

Double Opt-In and Logging:
The subscription to our newsletter takes place via a so-called double opt-in process. This means you will receive an email after registering, asking you to confirm your subscription. This confirmation is necessary to ensure that no one can subscribe with someone else’s email address. Subscriptions to the newsletter are logged in order to be able to prove the registration process according to legal requirements. This includes storing the time of registration and confirmation, as well as the IP address. Any changes to your data stored with the service provider are also logged.

Subscription Data:
To subscribe to the newsletter, it is sufficient to provide your email address. Optionally, we ask you to provide your name for personal addressing in the newsletter.

The distribution of the newsletter and the associated success measurement is based on the recipients’ consent according to Art. 6(1)(a), Art. 7 GDPR in conjunction with § 7 (2) No. 3 UWG, or, if consent is not required, based on our legitimate interests in direct marketing according to Art. 6(1)(f) GDPR in conjunction with § 7 (3) UWG.

The logging of the registration process is based on our legitimate interests according to Art. 6(1)(f) GDPR. Our interest lies in using a user-friendly and secure newsletter system that serves both our business interests and the expectations of the users, and also allows us to prove consent.

Unsubscription/Withdrawal:
You can unsubscribe from our newsletter at any time, i.e., withdraw your consent. A link to unsubscribe from the newsletter can be found at the end of each newsletter. We may store unsubscribed email addresses for up to three years based on our legitimate interests before deleting them, in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of potentially defending against claims. An individual deletion request is possible at any time, provided the previous existence of consent is confirmed.

Newsletter – Brevo (ex Sendinblue)

The newsletters are sent using the service provider “Brevo,” a newsletter distribution platform provided by Sendinblue GmbH, Köpenicker Straße 126, 10179 Berlin, Germany. You can view the privacy policy of the service provider here: https://www.brevo.com/de/legal/privacypolicy/.

The service provider is used based on our legitimate interests according to Art. 6(1)(f) GDPR, as well as a data processing agreement in accordance with Art. 28(3)(1) GDPR.

Brevo may use the recipients’ data in pseudonymous form, i.e., without direct association with a user, for optimizing or improving its own services, such as technical optimization of the distribution and presentation of newsletters or for statistical purposes. However, the service provider does not use the data of our newsletter recipients to contact them directly or to pass the data on to third parties.

Newsletter – Success Measurement

The newsletters contain a so-called “web beacon,” which is a pixel-sized file that is retrieved from our server or, if we use a mailing service provider, from its server when the newsletter is opened. During this retrieval, technical information is collected, such as information about your browser and system, as well as your IP address and the time of retrieval.

This information is used to improve the technical services based on the technical data, or to analyze the target audience and their reading behavior based on the locations from which they accessed the newsletter (which can be determined via the IP address) or the access times. Statistical data collected also includes whether the newsletters are opened, when they are opened, and which links are clicked. While this information could technically be assigned to individual newsletter recipients, neither our intention nor, if used, that of the mailing service provider, is to monitor individual users. The evaluations primarily serve to recognize the reading habits of our users and adapt our content accordingly or send different content based on the interests of our users.

A separate withdrawal of the success measurement is unfortunately not possible; in this case, the entire newsletter subscription must be canceled.

Hosting und E-Mail-Sending

The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email dispatch, security services, and technical maintenance services, which we use for the operation of this online offering.

In this context, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta- and communication data from customers, prospects, and visitors to this online offering based on our legitimate interests in efficiently and securely providing this online offering according to Article 6 (1) lit. f GDPR in conjunction with Article 28 GDPR (conclusion of a data processing agreement).

Collection of Access Data and Logfiles

We or our hosting provider collect data on every access to the server on which this service is located (so-called server logfiles) based on our legitimate interests within the meaning of Article 6 (1) lit. f GDPR. The access data includes the name of the retrieved website, file, date and time of retrieval, amount of data transmitted, notification of successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address, and the requesting provider.

Logfile information is stored for security reasons (e.g., to investigate abuse or fraud cases) for a maximum of 7 days and then deleted. Data that is required to be retained for evidentiary purposes will be exempt from deletion until the respective incident is fully clarified.

Online Presences on Social Media

We maintain online presences on social networks and platforms to communicate with customers, prospects, and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms of service and the data processing guidelines of the respective operators apply.

Unless otherwise specified in this privacy policy, we process user data when they communicate with us within the social networks and platforms, e.g., by writing posts on our online presences or sending us messages.

Integration of Third-Party Services and Content

We use third-party content or service offerings within our online services based on our legitimate interests (i.e., interest in analyzing, optimizing, and operating our online services efficiently within the meaning of Art. 6 (1) lit. f. GDPR), to integrate their content and services, such as videos or fonts (hereinafter referred to as “Content”).

This always requires that the third-party providers of these contents collect the users’ IP address, as they cannot deliver the content to the user’s browser without the IP address. The IP address is therefore required for the display of this content. We strive to only use content from providers who use the IP address solely for the delivery of the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to analyze information such as visitor traffic on the pages of this website. The pseudonymized information can also be stored in cookies on the users’ devices and may contain technical information about the browser and operating system, referring websites, visit time, as well as other information related to the use of our online services, which can also be linked to such information from other sources.

Vimeo

We may embed 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. Please note that Vimeo may use Google Analytics and refer to their privacy policy (https://www.google.com/policies/privacy) as well as opt-out options for Google Analytics (http://tools.google.com/dlpage/gaoptout?hl=de) or Google’s data usage settings for marketing purposes (https://adssettings.google.com/).

YouTube

We embed 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.

Created with Datenschutz-Generator.de by Dr. Thomas Schwenke, Attorney.