Privacy Policy

Last change 15.March.2017

With this privacy policy the A.P. Klickerr Ges.m.b.H., Alserstraße 13/1/9, 1080 Vienna, FN 447805 m (hereinafter referred to as "Klickerr") is the responsible authority for the data application, which processes user data when users visit the platform on the website www.klickerr.com and its subsidiaries for the mediation of Online Live Services (hereinafter "application") and the use of the services/applications embedded therein. The user agrees to this privacy policy by using the application, registering on the application and/or using the services/applications of Klickerr.

1. General

1.1
Klickerr respects the private- and personal data of the user and ensures the legal usage of all collected data. THE TERM "USER" WITHIN THE MEANING OF THIS PRIVACY POLICY COVERS BOTH REGISTERED USERS (SERVICE CONSUMERS ON THE ONE HAND AND SERVICE PROVIDERS ON THE OTHER) AND NON-REGISTERED USERS (VISITORS TO THE APPLICATION). To Klickerr the trustworthy handling of the user's data is of particular importance. Therefore Klickerr ensures that the strict provisions of the Austrian Data Protection Act ("DSG 2000") and the Austrian Telecommunications Act ("TKG"), to which Klickerr is subject, are complied with. At Klickerr, the user has the assurance that Klickerr is 100% committed to the protection of his/her right to data protection.

1.2
When using the application and the services/applications involved in it, data are collected, which can be divided into two groups. The collected data are:

  • On the one hand for DIRECTLY PERSONAL DATA (see in detail point 2. to 4.); this is information about the factual or personal circumstances of a particular natural or legal person or community of persons, which can be determined by legal means (including data such as name, company name, address, company seat, telephone number, date of birth, etc.). This includes, in particular, data that the user voluntarily enters by opening a Klickerr account on the application (see point 4. of the GTC) and/or activates a service provider profile (see point 5. of the GTC). DIRECT PERSONAL DATA IS HEREINAFTER REFERRED TO AS "PERSONAL DATA". THIS TERM "PERSONAL DATA" INCLUDES IN PARTICULAR THE TERMS "CORE USER DATA" (SEE POINT 2.1.1), "EXTENDED USER DATA" (SEE POINT 2.1.2), "INDIVIDUAL USER DATA" (SEE POINT 2.1.2) AND "PRIVATE USER DATA" (SEE POINT 3.1.1).
    There are also indirectly personal data, in which the identity of the user can not be determined by legally permissible means of Klickerr and are counted to the tracking information (see point 1.2 lit b). If the following privacy policy refers to indirectly personal data, these are explicitly referred to as "indirectly personal data".
  • On the other hand, TRACKING INFORMATION which is transmitted by Klickerr or partner companies using cookies in a passive manner, ie without the user expressly entering it. This includes, in particular, information gathered via the user's browser, the user's IP address and information about the user's activities and actions on the application (see point 6).

1.3
In the case of visitors to the application who have not registered on this site, Klickerr and its affiliates will only collect tracking information using cookies that are necessary to display the websites accessed by the user and to ensure the functionality of the application. In addition, tracking information are gathered anonymously to improve the security and performance of the application (see point 6).

1.4
The main part of the application and the services/applications involved in it (eg the contact with service providers; offering and booking online live services [in the following: "OLS"]; etc) is only available to users registered with Klickerr. For this purpose, Klickerr collects data that is necessary or recommended for use (eg creation of an OLS, booking and execution of the OLS, payment processing via the external payment provider Stripe, etc). These are, in particular, personal data. These are processed solely for the purpose of being machine-readable, to which the user has indicated them. Exceptions only exist if the user has agreed to another use. Detailed rules for the use of this personal data can be found in point 2. to 4..

1.5
In the case of questions concerning the collection, processing or use of personal data, in the case of information, correction, blocking or deletion of personal data and the revocation of consent, the user may contact Klickerr at (see also point 7. and 8.):
A.P. Klickerr Ges.m.b.H.
Alser Strasse 13/1/9
1080 Vienna / AUSTRIA
Email: privacy-policy@klickerr.com

1.6
With the consent to the following privacy policy, whose terms correspond to the definitions of the terms of the DSG 2000 and those of the point 1. of the GTC of Klickerr, the user agrees with Klickerr in the processing (in the sense of § 4 Z 9 DSG) and transmission (as § 4 Z 12 DSG) of his/her data in compliance with DSG 2000 and the TKG on the following provisions:

2. Use of individual user data of service consumers and service providers at Klickerr:

2.1 Registration on the application:

2.1.1
The use of certain services of Klickerr on the application requires a registration of the user; as of the date of the registration, such a user is subsequently referred to as a "service consumer".
The application as a registered user of the application is made via an online registration form. For the registration, the first and last name, the current place of residence (country) (together as "CORE USER DATA") and a valid e-mail address and desired personal password - which can be selected by the user him/herself - are necessary. The email address is for login; A saving of the e-mail address is also necessary, so that Klickerr can send newsletters and informational e-mails to the service consumer (see point 2.2.3).

2.1.2
When registering, the user is also invited to voluntarily enter additional personal data ("extended user data"), which Klickerr saves for the Klickerr account in the "profile" section together with the "core user data" (see point 2.1.1). The "extended user data" includes a "personal picture" ("+ profile picture") of a maximum of six megabytes, a "title picture" ("+ cover picture) of a maximum of six megabytes (in with the permitted file formats: .png, .gif, .jpg and .jpeg), a free text field ("About Me") where the user describes his(her abilities, education, professional experience and other knowledge, as well as a point "My Languages" under which the user can indicate the languages in which it is possible to communicate with him/her. THE UPLOAD AND ENTERING OF "EXTENDED USER DATA" IS COMPLETELY OPTIONAL AND VOLUNTARY.
THE "CORE USER DATA", THE "EXTENDED USER DATA" ARE COLLECTIVELY REFERRED TO AS "INDIVIDUAL USER DATA".

2.1.3
After the registration process has been completed, a registration link is sent to the user via e-mail. when the user confirms the registration by clicking the registration link, the registration is completed and access to the Klickerr account is granted.

2.2 Processing (except cede) of individual user data by Klickerr

2.2.1
Klickerr is entitled to determine, identify, store, preserve, organize, compare, modify, link, multiply, retrieve, copy, display, issue, use and delete individual user data of the user about the use of the application and its services/applications (together referred to as "processing [without cede]"), as far as is absolutely necessary for the use of the application and its embedded services/applications. BY CLICKING ON THE REGISTRY LINK (AND THUS THE REGISTRATION OF THE USER FOR THE APPLICATION) IN ACCORDANCE WITH SECTION 2.1.3, THE USER EXPRESSLY AGREES THAT HIS/HER PROVIDED INDIVIDUAL USER DATA GIVEN DURING THE USE OF THE APPLICATION AND ITS SERVICES/APPLICATIONS ARE PROCESSED FOR THE PURPOSE OF UTILIZING THE APPLICATION AND ITS SERVICES/APPLICATIONS [EXCEPT CEDE].

2.2.2
KLICKERR DOES NOT PROCESS INDIVIDUAL USER DATA OR THE USER FOR MARKET- AND OPINION-RESEARCH, FOR ADVERTISING PURPOSES OR FOR STATISTICAL PURPOSES; not in an anonymous form. Klickerr does not save responses from any surveys together with the user's email address or other personal data.

2.2.3
THE USER EXPRESSLY AGREES TO BE INFORMED BY KLICKERR BY E-MAIL IN THE FORM OF MASS-SENDINGS, NEWSLETTERS AND OR FOR ADVERTISING PURPOSES ABOUT OFFERS, EDITORIAL CONTENT AND NEW PRODUCTS AND SERVICES OF KLICKERR. This consent may be revoked at any time in whole or for individual measures. For this purpose, it is sufficient for the user to send a short notification to the contact details (email, letter) mentioned in section 1.5. In order to unsubscribe from newsletters, the user can either send a message to the contact details (email, letter) specified in section 1.5, or press the "unsubscribe" link, which is contained in all Klickerr newsletters.

2.3 Cede and transfer of individual user data by Klickerr:

2.3.1
BY USING THE REGISTRATION LINK (AND THUS THE REGISTRATION OF THE USER FOR THE APPLICATION) ACCORDING TO POINT 2.1.3, THE USER EXPRESSLY AGREES TO THE TRANSMISSION IN THE FORM OF PUBLICATION OF THE INDIVIDUAL USER DATA ENTERED BY HIM/HER THROUGH KLICKERR.
The user has to take into account that all of his/her individual user data, which he/she enters or stores in the Klickerr account in the area "profile" according to the provisions of points 2.1.1 and 2.1.2, are viewed by third parties and thus also can be used and processed further; the potential for abusive use can not be excluded. SUCH PERSONAL DATA DERIVED FROM THE "PROFILE" OF THE USER CAN BE VIEWED BY THIRD PARTIES WITHOUT REFERENCE TO THE APPLICATION AND CAN ALSO BE FOUND VIA SEARCH ENGINES (EG GOOGLE, YAHOO, BING, ETC.). The user is therefore strongly advised to carefully consider what information or data he/she will provide in the extended user data, which takes place on a voluntary basis.

2.3.2
OTHERWISE, THE INDIVIDUAL USER DATA WILL BE TREATED STRICTLY CONFIDENTIALLY AND NOT HANDED OVER TO "THIRD PARTIES" OR OTHERWISE TRANSMITTED (HEREINAFTER REFERRED TO AS "FORWARDING" IN THIS SECTION) BY KLICKERR. The term "third party" in point 2.3.2 means natural persons as well as legal persons, which are not "affiliates" of Klickerr (currently and in the future).
"Affiliates" means any company which is related to another in one of the following reasons: an enterprise holds 25% or more of the capital or voting rights in another company; a company is entitled to appoint or dismiss the majority of the members of the management or supervisory board of another company; a company is entitled to exercise a dominant influence over the entity in accordance with a contract concluded with another entity or a clause in its articles of incorporation; a company which is a shareholder of another company, exercises the sole control over the majority of the voting rights in accordance with an agreement reached with other shareholders of this other company.
A TRANSFER OF PERSONAL USER DATA TO "THIRD PARTIES" MAY TAKE PLACE,

  • if the user explicitly gives his/her consent to this;
  • if this is necessary to comply with legal obligations or administrative orders or to assert, exercise or defend Klickerr's legal rights before an authority; or
  • if companies are contacted, which support Klickerr in the handling of the services and to fulfill its tasks, eg to provide customer services or other functions necessary for the provision of services (for example, payment processing via the external payment provider Stripe [see item 15.2 of the GTC] or the verification as a service provider [see section 5.4 of the GTC]). These companies are contractually bound by Klickerr and may only use personal data that they receive in this context for the respective agreed upon purposes, which does not preclude a publication or transmission.
BY USING THE REGISTRATION LINK (AND THUS THE REGISTRATION OF THE USER FOR THE APPLICATION) ACCORDING TO POINT 2.1.3, THE USER EXPRESSLY AGREES THAT HIS/HER PERSONAL USER DATA SPECIFIED BY HIM/HER IN THE CONTEXT OF THE USE OF THE APPLICATION AND ITS SERVICES/APPLICATIONS ARE SHARED AND TRANSMITTED FOR THE PURPOSE OF THE USE OF THE APPLICATION AND ITS SERVICES/APPLICATIONS IN THE LISTED EXCEPTIONAL CASES A) TO C).

2.4 Processing and deletion of individual user data by the service consumer and service provider:

2.4.1
The user is entitled to view, correct or delete the individual user data provided by him/her at any time (for more information, see section 7.).

2.4.2
The user is free to terminate at any time his/her access to the areas of the application that are subject to registration by means of a termination, so that from this point onwards an access with the password and his/her email address to his/her Klickerr account is no longer possible. The corresponding provisions can be found in section 21. of the GTC.

3. Complementary regulations concerning the use of personal data of service providers:

3.1 Processing of "private user data" of service providers:

3.1.1
In order for a user to be able to create and offer OLS as a service provider, the user must provide his/her private user data according to section 5.4 of the GTC in his/her service provider profile. These are:

  • date of birth;
  • residential address, consisting of country, city, street, postal code and house number;
  • country-specific additional information for the processing of payouts;
  • digital copy of a valid passport [Optional - this would be required, for example, in the case of suspicious transactions with regard to possible criminal offenses]
COUNTRY-SPECIFIC ADDITIONAL INFORMATION FOR THE PROCESSING OF PAYOUTS ARE:
For countries in which the international IBAN account is used, Belgium, Denmark, Germany, Finland, France, Great Britain (including Guernsey, Isle of Man, Jersey, Northern Ireland), Ireland, Italy, Luxembourg, the Netherlands, Norway, Austria, Sweden and Spain:
  • Iban
For Australia:
  • State
  • BSB Code
  • Account number
For Canada:
  • State
  • SIN number
  • Institution number
  • Transit number
  • Account number
For Singapore:
  • Bank code
  • Branch code
  • Account number
For U.S.A.:
  • State
  • SSN number
  • Account number

3.1.2
Klickerr is entitled to ascertain, record, store, keep, arrange, compare, link, duplicate, query, issue, send, operate and to delete the private user data referred to in point 3.1.1 on the use of the application and its services/applications, insofar as this is absolutely necessary for the use of the application and its services/applications.

3.1.3
KLICKERR DOES NOT USE PRIVATE USER DATA OF THE USER FOR MARKET- AND OPINION-RESEARCH PURPOSES, FOR ADVERTISING OR STATISTICAL PURPOSES; not in an anonymous form. Klickerr does not save responses from any surveys together with the user's email address or other personal data.

3.1.4
THE PRIVATE USER DATA OF SERVICE PROVIDERS WILL BE TREATED STRICTLY CONFIDENTIALLY AND NOT HANDED OVER TO "THIRD PARTIES" OR OTHERWISE TRANSMITTED (HEREINAFTER REFERRED TO AS "FORWARDING" IN THIS SECTION) BY KLICKERR.
The term "third party" in point 3.1.4 means natural persons as well as legal persons, which are not "affiliates" of Klickerr (currently and in the future).
"Affiliates" means any company which is related to another in one of the following reasons: an enterprise holds 25% or more of the capital or voting rights in another company; a company is entitled to appoint or dismiss the majority of the members of the management or supervisory board of another company; a company is entitled to exercise a dominant influence over the entity in accordance with a contract concluded with another entity or a clause in its articles of incorporation; a company which is a shareholder of another company, exercises the sole control over the majority of the voting rights in accordance with an agreement reached with other shareholders of this other company.
EXCEPTIONS, A TRANSFER OF PRIVATE USER DATA TO "THIRD PARTIES" MAY TAKE PLACE,

  • if the service provider explicitly gave his/her consent (in writing or by actively clicking on a corresponding declaration);
  • if this is necessary to comply with legal obligations or administrative orders or to assert, exercise or defend Klickerr's legal rights before an authority; or
  • if the transfer is absolutely necessary to the service processing and the performance of Klickerr services and its contractual affiliated companies. It is absolutely necessary to make a transfer in the following two cases:
    To carry out all investigations which Klickerr considers necessary for authentication or verification of identity, fraud prevention or creditworthiness check, either directly or through third parties ("verification"). This includes the verification of the entered core user data and the private user data (or in the case of verifying agreement with the digital copy of a valid passport, which is optionally requested by Klickerr, with the data entered in the Klickerr account) as well as the matching of data provided by the service provider with third-party databases. The service provider is aware that the service provider profile is only activated after positive verification (see section 5.4 of the GTC).
    For payment processing via the external payment provider Stripe. This applies to both pay outs and reimbursements after the finalization (for the meaning see point 8.8 of the GTC) of an OLS. This does not affect the payment of the OLS according to item 15.2.5 of the GTC. The data protection regulations with regard to the payment of OLS can be found in point 4 of these data protection regulations.

3.1.5
BY THE ANNOUNCEMENT OR UPLOADING OF THE PRIVATE USER DATA IN THE SERVICE PROVIDER PROFILE ACCORDING TO SECTION 5.4 OF THE GTC (THUS THE REGISTRATION OF THE USER AS A SERVICE PROVIDER), THE SERVICE PROVIDER EXPLICITLY AGREES THAT HIS/HER "PRIVATE USER DATA" IS USED, FOR THE PURPOSE OF RUNNING THE APPLICATION AND ITS SERVICES/APPLICATIONS AS DEFINED IN POINTS 3.1.2 AND 3.1.4.

3.2 Data provided when putting Online Live Services ("OLS data"):

3.2.1
If a service provider has activated a service provider profile on the application and subsequently makes use of the possibility of putting online an OLS (see point 7 of the GTC), Klickerr is entitled to ascertain, record, store, keep, arrange, compare, link, duplicate, query, issue, send, operate and delete (collectively, "processing [except cede]") all data specified by the service provider as described in point 7.3 (OLS mandatory data and extended OLS data, collectively referred to as "OLS data") on the use of the application and its services/applications, insofar as this is absolutely necessary for the use of the application and its services/applications.

3.2.2
BY CLICKING ON THE "ACTIVATE OFFER" BUTTON IN THE AREA "HOST AREA" / "OFFERS" (AND THUS PUTTING AN OLS ONLINE ON THE APPLICATION) ACCORDING TO SECTION 7.4 OF THE GTC, THE SERVICE PROVIDER EXPLICITLY AGREES THAT HIS/HER OLS DATA WILL ONLY BE PROCESSED AND USED FOR THE PURPOSE OF THE RUNNING THE APPLICATION AND ITS SERVICE/APPLICATIONS [EXCEPT CEDE].

3.2.3
BY CLICKING ON THE "ACTIVATE OFFER" BUTTON IN THE AREA "HOST AREA" / "OFFERS" (AND THUS PUTTING AN OLS ONLINE ON THE APPLICATION) ACCORDING TO SECTION 7.4 OF THE GTC, THE SERVICE PROVIDER EXPLICITLY AGREES TO THE TRANSMISSION IN THE FORM OF THE PUBLICATION OF THE OLS DATA ENTERED BY HIM/HER BY KLICKERR.
The service provider has to take into account that all of his/her entered OLS-data - and thus, at the most, personal data voluntarily disclosed by him/her - by putting an OLS online on the application, these data are viewed by third parties and thus also can be used and processed further; the potential for abusive use can not be excluded. SUCH PERSONAL DATA DERIVED FROM THE PUTTING ONLINE OF OLS BY THE SERVICE PROVIDER CAN BE VIEWED BY THIRD PARTIES WITHOUT REFERENCE TO THE APPLICATION AND CAN ALSO BE FOUND VIA SEARCH ENGINES (EG GOOGLE, YAHOO, BING, ETC.). The service provider is therefore strongly advised to carefully consider what information or data he/she will provide in the extended OLS-data, (especially in the detailed description of the OLS) which takes place on a voluntary basis.

3.2.4
OTHERWISE, THE OLS DATA, IN WHICH THE SERVICING PROVIDER CAN ENTER PERSONAL DATA, WILL BE TREATED STRICTLY CONFIDENTIALLY AND NOT HANDED OVER TO "THIRD PARTIES" OR OTHERWISE TRANSMITTED (HEREINAFTER REFERRED TO AS "FORWARDING" IN THIS SECTION) BY KLICKERR. The term "third party" in point 3.2.4 means natural persons as well as legal persons, which are not "affiliates" of Klickerr (currently and in the future).
"Affiliates" means any company which is related to another in one of the following reasons: an enterprise holds 25% or more of the capital or voting rights in another company; a company is entitled to appoint or dismiss the majority of the members of the management or supervisory board of another company; a company is entitled to exercise a dominant influence over the entity in accordance with a contract concluded with another entity or a clause in its articles of incorporation; a company which is a shareholder of another company, exercises the sole control over the majority of the voting rights in accordance with an agreement reached with other shareholders of this other company.
EXCEPTIONS, A TRANSFER OF OLS DATA TO "THIRD PARTIES" COULD TAKE PLACE,

  • if the service provider explicitly gives his/her consent to this (in writing or by clicking on an appropriate explanation);
  • if this is necessary to comply with legal obligations or administrative orders or to assert, exercise or defend Klickerr's legal rights before an authority; or
  • if it is within the scope of the business activities of Klickerr for the dissemination and exploitation of media and partner channels as well as on Google, as well as for publication for marketing purposes outside the application.
BY CLICKING ON THE "ACTIVATE OFFER" BUTTON IN THE AREA "HOST AREA" / "OFFERS" (AND THUS PUTTING AN OLS ONLINE ON THE APPLICATION) ACCORDING TO SECTION 7.4 OF THE GTC, THE SERVICE PROVIDER EXPLICITLY AGREES THAT HIS/HER OLS DATA ARE PASSED ON IN THE LISTED EXCEPTIONAL CASES A) TO C).

3.3 Processing and deletion of private user data by the service provider:

3.3.1
The service provider is entitled to view, correct or delete the private user data specified by him/her at any time (for more information, see section 7).

3.3.2
The service provider is free to terminate at any time his access to the areas of the application that require registration so that from this point onwards access to the Klickerr account is no longer possible with the password and his/her e-mail address. The corresponding provisions can be found in section 21 of the GTC.

4. Use of personal data in the course of payment processing with Stripe:

4.1
After finding an agreement between the service consumer and the service provider about the booking and execution of an OLS according to point 8.3 lit a or lit b of the General Terms and Conditions, the payment process is initiated by the service consumer. The payment of the OLS is made by credit card via the Stripe payment provider (in Europe by Stripe Payments Europe, Limited c/o A&L Goodbody, IFSC, North Wall Quay, Dublin 1; outside Europe by Stripe Inc., 185 Berry Street, Suite 550, San Francisco, CA 94110, USA) (abbreviated as "Stripe").

4.2
The credit card data (name, credit card number, expiry date of the credit card, CVV code) necessary for the purpose of payment processing, together with the information on the booking and execution of an OLS (eg invoice amount, currency and transaction number; hereinafter referred to as "payment data") are sent to Stripe with the sole responsibility for the payment of the OLS. KLICKERR ITSELF PROCESSES NO CREDIT CARD DATA, WHICH IS HANDLED EXCLUSIVELY BY STRIPE.

4.3
The credit card data are handed over directly by the user to the payment provider Stripe (used by Klickerr), which is technically done by an overlay (similar to a pop-up). THE CREDIT CARD DATA ARE THUS PROCESSED EXCLUSIVELY BY STRIPE. The user acknowledges that even in the performance of payment services within the European Union, a data transfer and processing (including storage) of the credit card data and payment data are also possible in non-EU countries with improper data protection (in particular the U.S.A.). All payment data is reliably transmitted via the "TLS" (Transport Layer Security), a hybrid encryption protocol for secure data transmission on the internet, which is more widely known under the predecessor name Secure Sockets Layer [SSL]. Stripe is certified according to PCI-DSS (payment card industry data security standard - this defines specific requirements for the various areas of storage, processing and transmission of cardholder data).

4.4
BY USING THE CREDIT CARD PAYMENT VIA THE STRIPE PAYMENT PROVIDER USED BY KLICKERR, THE USER RECOGNIZES THE DATA PROTECTION REGULATIONS (FOR MORE INFORMATION ON THE DATA PROTECTION OF STRIPE GO TO THE URL HTTPS://STRIPE.COM/EN/TERMS) OF STRIPE. THE USER EXPRESSLY AGREES THAT HIS/HER CREDIT CARD DATA AND PAYMENT DATA ARE PROCESSED AND TRANSMITTED IN ACCORDANCE WITH POINTS 4.1 TO 4.3 FOR THE PURPOSE OF USING THIS SERVICE/APPLICATION.

5. Klickerr Chat:

5.1
The Klickerr chat is a text-based communication tool for contacting and negotiating a specific OLS between the service consumer and the service provider, through which all offer requests can be processed, messages can be sent to other users, and the service contract is fulfilled.

5.2
According to point 6.3 j.) of the GTC, all content, which users exchange before the conclusion of a service contract via the Klickerr-Chat, serve exclusively the determination of a mutual agreement of the will via an OLS and its execution and handling. However, it is technically not possible for Klickerr to prevent the transmission of personal data of users as per section 1.2 lit a via this Klickerr chat.

5.3
In order to enable service consumer and service providers, to track their contacts, negotiation and communication for the conduct and execution of a specific OLS,

  • Klickerr collects and stores the entire content of the communication running through the Klickerr chat, including product inquiries, quotation requests and service provider requests as well as offer confirmations and offer acceptances, and
  • Klickerr logs the accesses from service consumers and service providers to links sent within the Klickerr chat for the live video chat.
Both users can access this information through their Klickerr account.

5.4
BY KLICKING ON THE REGISTRATION LINK (AND THUS REGISTERING THE USER ON THE APPLICATION) IN ACCORDANCE WITH POINT 2.1.3, THE USER EXPLICITLY AGREES THAT HIS/HER PROVIDED AND PUBLISHED INFORMATION WHILE USING THE KLICKERR CHAT, WHICH MAY ALSO CONTAIN PERSONAL DATA WHICH IS VOLUNTARILY PROVIDED/ENTERED/PUBLISHED BY THE USER HIM-/HERSELF, IS USED AND PROCESSED FOR THE PURPOSE OF USE/UTILIZE THE KLICKERR CHAT AND THE INTEGRATED FUNCTIONS DESCRIBED IN POINT 5.3 AND FOR THE PURPOSE PURSUANT TO POINT 5.3.

6. Tracking information and cookie use:

6.1 General information:

6.1.1
When using the application, Klickerr and partner companies of Klickerr collect and store general, non-personal, data on the use (TRACKING INFORMATION). THESE DATA CAN NOT BE ASSIGNED BY KLICKERR TO A PERSON. Tracking information is in particular: user's IP address, log files, domain, browser type and language, pages retrieved, date/time of entering a page of the application, search terms, visitor activities and actions on the application, browser history, internet service provider, reference/output pages, platform type and information about the user's device, such as device type, device model, device operating system, device operating system version and data connection type, transmitted data amount, etc.

6.1.2
TO STORE THE TRACKING INFORMATION, TO BROWSE THE APPLICATION, TO USE CERTAIN SERVICES/APPLICATIONS, AND TO ANALYZE THE USE OF THE APPLICATION, SO-CALLED "COOKIES" ARE USED. A cookie is a short entry in a database or in a special file directory on the computer or the mobile device of the user of the application. It is passive and can not contain viruses or trojans, and can not cause any harm to other programs on your computer. A cookie consists of a name and an associated value or content. It stores certain settings and data for the exchange with the application or from partner companies of Klickerr via the user's browser.

6.1.3
There are different kinds of cookies: there are so-called session cookies, which are deleted as soon as the user closes his/her browser and temporary/permanent cookies, which are stored for an extended period or indefinitely on the user's computer/device. A further distinction is between cookies set up by Klickerr and the services/applications involved therein (see point 6.2), and cookies set by others. The latter are referred to as "third-party cookies" and are regulated in point 6.3. Third-party cookies allow the provision of features and functions of third parties on or via the application (eg interactive content and analysis). Partner companies from whom third-party cookies are set can recognize the computer or the mobile device of the user when visiting the application as well as visiting certain other websites. KLICKERR USES TO A SMALL AMOUNT COOKIES SET UP BY KLICKERR AND THIRD-PARTY COOKIES, HOWEVER, THE USE OF INTERACTION COOKIES, ANALYSIS COOKIES, TARGETING COOKIES AND SOCIAL-MEDIA COOKIES IS REDUCED TO A MINIMUM SO THAT PERSONAL PREFERENCES AND USER'S USER BEHAVIOUR ARE SECURED. TO PROVIDE THE USER DURING THE USE/VISIT OF THE APPLICATION WITH AN AS PLEASING AS POSSIBLE USER EXPERIENCE, PROCESSING OF TRACKING INFORMATION FOR ADVERTISING-RELATED PURPOSES IS WAIVED (SEE IN DETAIL IN POINT 6.3.3) WITHOUT EXCEPTION (IE NEITHER FROM KLICKERR, NOR FROM PARTNER COMPANIES OR THIRD PARTIES).

6.1.4
The user may change his/her browser settings to delete cookies or prevent certain cookies from being stored on his/her computer or mobile device without his explicit consent. This information is usually displayed in the menu bar of the user's web browser via the help function. The following links clarify the procedures for each browser listed:

The browser can be configured in such a way that a storage of cookies is only accepted if this is expressly agreed. If the user wants to accept cookies from Klickerr, but not cookies from partner companies, he/she can do so by selecting the option "Block third-party cookies" in his/her browser. The user must access these websites via the individual browsers and devices for which the user wishes to log off. BECAUSE THE OPT-OUT TOOLS MAY REQUIRE COOKIES, USERS MAY NEED TO VISIT THESE SITES AGAIN TO CHANGE THEIR SETTINGS WHEN THEY ARE DELETING COOKIES.

6.2 Tracking information and use of Klickerr's cookies and the services/applications involved:

6.2.1
KLICKERR AND THE SERVICES/APPLICATIONS INTEGRATED/INVOLVED IN IT PROCESS ONLY THE FOLLOWING TRACKING INFORMATION BY THE USE OF COOKIES: IP address of the user; date and time of access to a web page of the application, browser type and language, device operating system, device operating system version, referrer URL, hostname of the accessing computer and activities and actions of the user on the application, in particular the logging (in the server log files) of accesses to OLS, the Klickerr chat, and the live video chat. This tracking information is only used for the following uses:

  • where this is necessary for SAFETY PURPOSES;
  • AS FAR AS THIS IS ABSOLUTELY NECESSARY IN ORDER TO ENSURE ESSENTIAL FUNCTIONALITIES OF THE APPLICATION and thus enable the user to navigate the application and to move within the application and to use certain services/applications (eg to book and execute OLS, to use the Klickerr chat and the live video chat).
THE TRACKING INFORMATION REFERRED TO IN POINT 6.2.1 SHALL BE ACCESSED ONLY IN ANONYMIZED FORM, AND NO INDIVIDUAL USER PROFILES ARE CREATED AND THE STATISTICS CREATED DO NOT CONNECT WITH PERSONALLY ASSIGNABLE INFORMATION.

6.2.2
WITH THE COOKIES USED BY KLICKERR AND ITS SERVICES/APPLICATIONS, UNDER NO CIRCUMSTANCES SHALL THE USERS BEHIND THESE DATA BE IDENTIFIED OR PERSONAL DATA BE COLLECTED AS PER POINT 1.1 A); ONLY ANONYMOUS DATA ARE COLLECTED. This data is also not linked to any other personal data which may be disclosed by the user or linked in any other way. When a cookie is activated, an identification number is assigned to it. An allocation of personal data to this identification number is not possible at any time and is not done by Klickerr.

6.2.3
BY CONTINUING TO USE THE APPLICATION AND USING THE SERVICES/APPLICATIONS EMBEDDED AFTER THE USER WAS INFORMED ABOUT THE USED TRACKING-INFORMATION IN FORM OF COOKIES THROUGH THE COOKIE-BANNER OF KLICKERR, WHICH LINKS TO THIS PRIVACY POLICY, OR BY CLICKING ON THE "OK BUTTON", THE USER AGREES TO THE USE OF COOKIES AS WELL AS THE USE OF THE COLLECTED DATA OF HIM/HER IN A WAY DESCRIBED IN POINTS 6.2.1 AND 6.2.2 AND FOR THE DESCRIBED PURPOSE. Furthermore, the user agrees that tracking information may be stored in cookies beyond the end of the browser session and, for example, can be recalled the next time the application is visited. However, Klickerr and the services/applications involved therein will retain this data only for as long as it is necessary for technical reasons or for special reasons, for example for the purpose of demonstrating misuse or unlawful use, or as prescribed by the legislature.
THE USER CAN REVOKE THIS CONSENT AT ANY TIME IN THE FUTURE BY REJECTING OR DELETING ACCEPTED COOKIES BY MEANS OF ADJUSTING BROWSER SETTINGS ACCORDINGLY. CORRESPONDING INFORMATION CAN BE FOUND IN POINT 6.1.4.
KLICKERR POINTS OUT THAT NOT ALL FUNCTIONS OF THE APPLICATION CAN BE USED WHEN "COOKIES" ARE NOT ACCEPTED.

6.3 Tracking information and use of cookies from Klickerr partner companies as well as the use of social plugins:

6.3.1 Methods used for web analysis:

6.3.1.1
In order to constantly improve the offer/usage of the application, optimize it and make it more interesting and goal-oriented for the user, Klickerr uses the services of Google Analytics.

6.3.1.2 Google Analytics:

6.3.1.2.1
Klickerr uses Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, U.S.A. (in the following "Google"). Google Analytics uses cookies, which are stored on the user's computer and which allows an analysis of the use of the application by the user ("Google Analytics cookies"). The information on the use of the application (including the IP address of the user) collected by these cookies are regularly transmitted to a Google server in the U.S.A. and stored there. AN IP ANONYMIZATION IS ACTIVE ON THE APPLICATION, WHICH EXTENDS THE GOOGLE ANALYTICS CODE WITH "GAT._ANONYMIZEIP();", WHICH ENSURES AN ANONYMOUS DETECTION OF IP ADDRESSES (SO-CALLED IP MASKING). The IP address of the user is therefore collected by Google only in shortened form, which ensures that no conclusions can be drawn about the identity of the user. The user's IP address is shortened by Google within member states of the European Union or in other states participating in the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the U.S.A. and then shortened there. Google Analytics cookies have different maturities of up to 10 years.

6.3.1.2.2
Google will use the information provided to evaluate the use of the application by the user in order to compile reports on the website activities for Klickerr and to provide further services connected with the use of the application. Google will in no case associate the IP address of the user with other data collected by Google. A transfer of this data by Google to third parties takes place only on the basis of legal regulations or in the context of the order data processing. Third party advertisers, including Google, display ads on websites on the Internet. They use saved cookies to switch ads based on previous visits of a user on this site.

6.3.1.2.3
BY USING THE APPLICATION AND THE SERVICES/APPLICATIONS EMBEDDED AFTER BEING INFORMED ABOUT GOOGLE ANALYTICS THROUGH AND BY KLICKERR´S COOKIE BANNER, WHICH LINKS TO THIS PRIVACY POLICY, OR BY CLICKING THE "OK BUTTON", THE USER APPROVES THE USE OF GOOGLE ANALYTICS COOKIES AS WELL AS PROCESSING AND TRANSMISSION OF THE DATA COLLECTED ABOUT HIM/HER IN A MANNER DESCRIBED IN POINTS 6.3.1.2.1 AND 6.3.1.2.2 AS WELL AS THE STATED PURPOSE.

6.3.1.2.4
The user may at any time revoke the consent according to point 6.3.1.2.3 by preventing the Google Analytics Cookies from being saved by changing settings of his/her browser software. However, Klickerr points out that in this case, not all functions of the application can be used in full. The user may also prevent Google from collecting the data (including the IP address of the user) generated by the cookies and the use of the application, as well as the processing of this data by Google using the link and download and install the available browser plugin. For more information, visit Google or go to general information about Google Analytics and Privacy Policy .

6.3.2 Social plugins and links to internet releases by Klickerr:

6.3.2.1 General information:

6.3.2.1.1
On the application are the logos of the social networks Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, U.S.A. ("Facebook") and Twitter Inc., 795 Folsom Street, Suite 600, San Francisco, CA 94107, U.S.A. ("Twitter"). These are technically designed as links. For example, by clicking on the "Facebook" or "Twitter" logo (collectively, "Logos"), the user clicks on the web presentation of Klickerr on this social network.

6.3.2.1.2
The application also uses the social plugins ("plugins") of various social networks listed in points 6.3.2.2.1 and 6.3.2.2.2. With the help of these plugins the user can, for example, recommend OLS or share other content. For the best possible protection of the user, these plugins are technically integrated as a simple link on the application and not as a so-called iFrame, as provided by social networks. This means that the user's browser does not establish a direct connection with the servers of the respective social network, as long as the user is not active and interacts with the plugin, for example, the "Facebook" or "Twitter" button (together called "buttons") or clicks on it.

6.3.2.1.3
If the user clicks on one of the logos or buttons, he or she will be prompted to log in to the respective social network in a new window. In this case, one or more cookies of the corresponding social network are also placed on the user's computer/device. By activating the logo or the button, the browser sends these cookies to the network server of the social network in the United States and the social network receives at least the information that the user has called the corresponding page of the application, even if the user has no profile with the corresponding social network or is not logged in at the moment. In addition, the user's IP address, date, time, URL and a unique application ID, screen resolution, etc. can also be transferred and stored.

6.3.2.1.4
If the user has already visited the website of a social network with his/her browser (regardless of whether he or she has registered there), a cookie with a unique user identification may already have been set up on his/her computer and will be used for every communication with this social network and is used to recognize the user. If the user now interacts with the logo or button (clicks on it), this cookie is also sent. THIS ALLOWS THE RESPECTIVE SOCIAL NETWORK TO CREATE A PROFILE WHICH HAS CALLED UP WEBSITES OF THE USERS BELONGING TO THE IDENTIFIER. AS A RESULT, IT IS THEORETICALLY POSSIBLE (FOR EXAMPLE, WHEN LOGGING ON TO THE SOCIAL NETWORK LATER) TO ASSIGN THIS IDENTIFICATION TO A PERSON.

6.3.2.1.5
IF THE USER IS REGISTERED AND LOGGED IN TO THE RESPECTIVE SOCIAL NETWORK WITH WHOSE LOGO OR BUTTON HE/SHE INTERACTS ON THE APPLICATION, THIS SOCIAL NETWORK CAN DIRECTLY ASSOCIATE THE VISIT TO THE APPLICATION WITH HIS/HER PROFILE ON THE SOCIAL NETWORK, AND THIS INFORMATION TOGETHER WITH THOSE IN POINT 6.3.2.1.3 CAN BE TRANSMITTED DIRECTLY FROM THE BROWSER OF THE USER TO A SERVER OF THE RESPECTIVE PROVIDER IN THE U.S.A AND STORED THERE.
When interacting with a button according to point 6.3.2.1.2, the information is published on the user profile of the respective social network and displayed to other users that the user likes a certain content of the application (eg an OLS). Which users receive exactly this information depends on the privacy settings of the user on the respective social network.

6.3.2.1.6
Klickerr has no influence on the scope or content of the data collected and/or stored and/or further processed and/or passed on by the social networks in connection with the interaction with their logo and in particular their button. Klickerr depends on the information of the respective social networks. The current purpose and scope of the data collection and the further processing and use of the data by social networks, as well as the rights and settings for the protection of the privacy of the user, can be found in detail in the privacy policy of the respective networks or web pages. For a clear summary of all relevant information, the user finds it briefly summarized in point 6.2.

6.3.2.1.7
IF THE USER DOES NOT WISH THE SOCIAL NETWORKS REFERRED TO IN POINTS 6.3.2.2.1 AND 6.3.2.2.2 TO COMMUNICATE INFORMATION ABOUT THE VISIT TO THE APPLICATION AND ARE DIRECTLY ASSIGNED TO THE PROFILE OF THE USER IN THE RESPECTIVE SERVICE, HE/SHE HAS THE TO REFRAIN FROM THE INTERACTION WITH THE LOGO AND THE BUTTON OF THE RESPECTIVE SOCIAL NETWORK. IF THE USER INTERACTS WITH A LOG OR A BUTTON ON THE APPLICATION, THE USER AGREES THAT HIS/HER DATA IS COLLECTED IN THE MANNER DESCRIBED IN POINT 6.3.2.2 AND USED IN THE MANNER DESCRIBED IN 6.3.2.2 AND HE/SHE AGREES THAT THE DATA MAY ALSO BE COMMUNICATED AND USED IN THIRD PARTY COUNTRIES OUTSIDE THE EU (EG THE U.S.A.). In order to avoid the setting and sending of cookies to the servers of the respective provider, the user can choose the function "block third-party cookies" in his/her browser settings, even in the case of a mistaken (not conscious) interaction with a button. With this setting, however, other functions of the application may not work.

6.3.2.2 The social networks in detail:

6.3.2.2.1 Facebook:
The social network facebook.com is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, U.S.A. ("Facebook") and serves the interaction of the users. Its plugins are marked with the Facebook button "Like" ("Facebook-Button") and allow to post on their own wall on Facebook.
The purpose of the data collection and processing of the data as well as use of the data by Facebook, as well as the data types (scope of the data), is found in the privacy policy published by Facebook; see: Facebook - Policy. For the best possible transparency, Klickerr summarizes the core points for the user:
The collected data is used to analyze the usage behavior, to provide, select, evaluate, and understand the advertising advertisements that Facebook provides on and outside of Facebook (including advertisements provided by, or on behalf of, subsidiaries of Facebook), as well as creating statistics on users. Facebook also uses its data to improve its advertising and measurement systems so that Facebook can show users of Facebook and Facebook-services and outside relevant advertisements and measure the effectiveness and reach of advertisements and services. If the user is registered with Facebook, Facebook can use the collected data to provide the user with services, personalize the contents, and provide direct links and suggestions that may be of interest to him/her. The collected data is ultimately used to send marketing communications to the user, communicate with him/her via its services, and inform the user of the policies and conditions of Facebook.
If the user is the owner of a Facebook account and if he/she uses the Facebook button to share a content (eg OLS) of the application, he/she has given his/her consent that his/her information according to the privacy policy of Facebook (Facebook - Policy) is transmitted, gathered, stored, disclosed and used. In the account settings, the user can change the privacy settings of his/her Facebook account.

6.3.2.2.2 Twitter:
The social network twitter.com is operated by Twitter Inc., 795 Folsom Street, Suite 600, San Francisco, CA 94107, U.S.A. ("Twitter") and serves the interaction of the users. Its plugins are marked with the Twitter button "Twitter" including stylized light blue bird ("Twitter button") and allow the posting on their own feed on Twitter.
The purpose of the data collection and processing of the data as well as use of the data by Twitter, as well as the data types (scope of the data), is found in the privacy policy published by Twitter. For the best possible transparency, Klickerr summarizes the core points for the user:
When the Twitter button is pressed, Twitter receives log data (eg IP address, browser type, operating system, information on the previously accessed web page visited by the user on the application, location, mobile provider, device information, etc.) and a cookie which identifies the user's browser ("widget data").
Twitter uses the log data to provide, track and improve its services, draw conclusions about what topics the user may be interested in, and customize the content that Twitter displays to the user, including advertising. The log data will be deleted after 18 months or - if the user has a Twitter account - all general account identifiers like username, full IP address and email address are removed.
After a maximum of 10 days, Twitter starts deleting, un-identifying or capturing the widget data. Twitter data can be used to tailor content to the user, for example by suggesting to follow certain people on Twitter (with an existing Twitter account), or by offering content to the user that might be of interest to him/her. Tailored content is only stored together with browser cookies or device IDs, and is separated from other widget data, such as information about pages visited. For more information about this feature and how the user can temporarily block or disable it, visit the following link .
If the user owns a Twitter account and uses the Twitter button to share content (eg OLS) of the application, he/she has given his/her consent that his/her information according to the privacy policy of Twitter is transmitted, gathered, stored, disclosed and used. Under the following link, the user can change the data protection settings of his/her Twitter account .

6.3.3 Advertising (Behavioural Advertising):

6.3.3.1
ON THIS APPLICATION NO ADVERTISEMENT, NEITHER IN THE NAME OF KLICKERR NOR FROM PARTNER COMPANIES, IS ADVERTISED.
Klickerr assures that for the purpose of advertising in general and behavioural advertising in particular no cookies are stored on the computer/device of the user or already stored cookies are retrieved. There will also be no device identification technologies used like tags, and pixel (these are code blocks that can be used to track user navigation on a web site, as well as his/her surfing behavior, and to coordinate user data with third parties), software development kits (code blocks similar to tags and pixel that enable certain information to be tracked with respect to user behavior), or other standard web technologies used to provide customized advertising. THE USE OF THE APPLICATION IS THUS COMPLETELY FREE OF ADVERTISING!

7. Right to information concerning personal data as per item 1.2 a), correction, blocking or deletion thereof:

7.1
Klickerr takes the protection of personal data very seriously. Therefore, the user has the possibility at any time to request information on the origin of the data, the transmission of the data, the recipients of the data, as well as the purpose of the data storage free of charge (once a year) about his/her processed data.

7.2
In addition, the user has the right to rectify, block or delete his/her personal data according to the provisions of § 27 DSG.

7.3
The right to information and the right to rectification or blocking or deletion according to points 7.1 and 7.2 refer only to personal data and therefore can not be asserted if only indirectly personal data or tracking information are used. For the distinction see also point 1.2.

7.4
The user may submit a request according to point 7.1 and 7.2 to Klickerr by e-mail or by mail with clear identification of his/her person to the contact details given in section 1.5.

7.5
Klickerr deletes all personal data of the user automatically after termination of the contractual relationship with the respective user, ie, if the user has deleted his/her Klickerr account, but at the latest after expiration of the statutory retention obligations, in particular according to the commercial and fiscal accounting regulations. If the user has disclosed personal data in the Klickerr chat, this data will be automatically deleted after termination of the contractual relationship with the other user of the Klickerr-Chat .

8. Right of objection:

8.1
The user can at any time and for the future object to the use (any kind of handling, ie the processing as well as the transfer and transmission) of his/her personal data, eg for the purpose of sending informational emails (see point 2.2.3) by contacting Klickerr via E-mail or mail to the contact details given in point 1.5.

9. Changes to this Privacy Policy:

9.1
The application and its services are constantly growing. This means that the privacy policy can change from time to time. When such changes are made, Klickerr will send the user an email or notify the change of this privacy policy on the application.

9.2
Klickerr reserves the right to change the privacy policy at any time. The user is therefore encouraged to periodically review the application for changes or changes to the privacy policy. By continuing to use the application after the user has been informed of such changes or if these changes have been announced on the application, the user agrees to these changes.

10. Others:

10.1
In addition to these privacy policy, the General Terms and Conditions of Klickerr shall apply as amended.

10.2
This privacy policy was originally written in German. Any translated version will only be provided for improved user friendliness. If there is a contradiction between any translation of these data protection regulations and the German version, the German version shall prevail.

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