z_privacy_privacy_en

Data Privacy Statement

Last change: 7. August 2018
With these data privacy regulations, A.P. Klickerr Ges.m.b.H, Alser Straße 13/1/9, 1080 Vienna, FN 447805 m (hereinafter "Klickerr") declares that it is responsible for the data applications, which user data is processed and transmitted when visiting the platform operated on the website www.klickerr.com and its subsidiary pages for the provision of online live services (hereinafter "application") and the use of the services/applications integrated therein. The user agrees to these data privacy regulations by using the application, registering with the application and/or using its services/applications.

1. Name and address of the controller:

A.P. Klickerr Ges.m.b.H
Alser Straße 13/1/9, 1080 Vienna / AUSTRIA
FN 447805 m
office@klickerr.com
+43 664 871 6621

2. Confirmation of age

2.1

You hereby state that you are at least 14 years of age.

2.2

If the data subject (for definition see point 5) is under 14 years of age, he/she must get prior consent of a parent/guardian before submitting personal data to us. Without this consent, no personal data may be submitted. If a minor submits personal data to Klickerr, the processing will be ceased immediately upon knowledge.

3. Principles of data processing

3.1

Insofar as data processing by Klickerr includes your consent, Art 6 (1) e GDPR is the basis.

3.2

Where data processing is required for the performance of a contract, where you are a contractual party, Art 6 (1) b GDPR is the basis of the lawful processing. This also includes steps taken prior to entering into a contract.

3.3

Data processing to fulfil a legal obligation, which Klickerr is subject to, is based on Art 6 (1) c GDPR.

3.4

In cases where your vital interests or another natural person require the processing of personal data, Art 6 (1) d GDPR is the legal basis.

3.5

Data processing to perform a task carried out in the public interest or in the exercise of an official authority vested in Klickerr, is bases on Art 6 (1) e GDPR.

3.6

If processing is necessary for the purposes of the legitimate interests of Klickerr of a third party, and where your fundamental rights and freedoms don’t override these interests, Art 6 (1) e GDPR is the basis for processing this data.

3.7

Klickerr has concluded and will conclude GDPR-compliant data privacy agreements with our processors, which are continuously audited. A processing or transfer of data beyond the scope of the processes defined below or a sale of your data to third parties will not take place.

4. Deletion and retention of data

4.1

Personal data will be deleted or blocked, as soon as the purpose of the processing ends.

4.2

Saving the data beyond that can only occur, if this is set forth in national or European laws, regulations or directives or other regulations which the controller is subject to. Blocking or deletion can also occur, if these statutory retention periods end, unless there is a requirement to process this data to enter into or fulfil a contract.

5. Rights of the data subject

The affected person or "affected person" within the meaning of Art 4 no. 1 DSGVO is the natural person whose personal data are processed. Affected parties within the meaning of this data protection declaration are both users of the application (see also the definitions under 7.1.2) and visitors to the website www.klickerr.com or its subsidiaries without being a user of the application. If personal data are processed by you, you are affected by DSGVO and you have the following rights towards the person responsible:

5.1 Information
5.1.1

You may receive a confirmation of the controller, if your personal data is being processed.

5.1.2

If your data is being processed, you can request the following information of the controller:

  1. the purposes, for which the personal data is being processed;
  2. the categories of personal data being processed;
  3. the recipient or categories of recipients to whom your personal data was transferred or will be transferred;
  4. the planned duration of your personal data or, if no specific information is available, the criteria for setting this duration;
  5. the existence of your right of rectification, deletion, restriction of processing, erasure, objection to data processing;
  6. the possibility of lodging a complaint with the responsible authority;
  7. information if an automatic individual decision-making including profiling (Art 22 (1) and (4) GDPR) takes place, and – in these cases – information about the logic and scope of the possible impact of such a processing;
  8. information if your personal data was transferred into a third country or an international organisation. In this case, you have the right to be informed about the appropriate safeguards (Art 46 GDPR) in relation to this transfer.
  9. You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 DSGVO in connection with the transfer.
5.2 Right to rectification
5.2.1

You have the right of rectification and/or completion of your personal data towards the controller, insofar as your data is inaccurate or incomplete. The controller has to make these changes without undue delay.

5.2.2

For data processing for scientific or historical research purposes or statistical purposes applies: Your right of rectification can be limited insofar as it may make the scientific goals impossible or seriously impairs and this limitation is necessary for the fulfilment of those scientific or statistical purposes.

5.3 Right to restriction of processing
5.3.1

You have the right to obtain from the controller restriction of processing where one of the following applies:

  1. the accuracy of your personal data is contested, for a period enabling the controller to verify the accuracy of the personal data;
  2. the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
  3. the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims;
  4. you have objected to processing pursuant to Art 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override yours.
5.3.2

Where processing of your personal data was restricted, such data shall – with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

5.3.3

If the restriction is limited, you will be informed before this limitation is lifted.

5.3.4

For data processing for scientific or historical research purposes or statistical purposes applies: Your right of restriction can be limited insofar as it may make the scientific goals impossible or seriously impairs and this limitation is necessary for the fulfilment of those scientific or statistical purposes.

5.4 Right to erasure („right to be forgotten“)
5.4.1

Obligation to erase
You have the right to obtain from the controller the erasure of your personal data without undue delay, and the controller is obliged to delete this data without undue delay, where one of the following grounds applies:

  1. the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
  2. you withdraw your consent on which the processing is based according to point (a) of Art 6 (1), or point (a) of Art 9 (2) GDPR, and where there is no other legal ground for the processing;
  3. you object to the processing pursuant to Art 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) GDPR;
  4. the personal data have been unlawfully processed;
  5. the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
  6. the personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
5.4.2

Information towards third parties
Where the controller has made the personal data public and is obliged pursuant to Art 17 (1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

5.4.3

Exceptions
The right to erasure does not apply in cases where processing is required for the following purposes:

  1. for exercising the right of freedom of expression and information;
  2. for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  3. for reasons of public interest in the area of public health in accordance with points (h) and (i) of Art 9(2) as well as Art 9(3) GDPR;
  4. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art 89(1) GDPR in so far as the right to erase is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
  5. for the establishment, exercise or defence of legal claims.
5.5 Notification obligation
5.5.1

Once you exercise your right to rectification, erasure or restriction of processing towards the controller, he has to inform all recipients, who received your personal information, about the rectification, erasure or restriction unless this is impossible or only doable with disproportionate effort.

5.5.2

You have the right to be informed about those recipients.

5.6 Right to data portability
5.6.1

You have the right to receive your personal data, that you have provided to the controller, in a structured, commonly used and machine-readable format. In addition, you have the right to transmit this data to another controller without hindrance from the controller, where

  1. the processing is based on consent pursuant to point (a) of Art (1) or point (a) of Art 9 (2) GDPR or on a contract pursuant to point (b) of Art (1) GDPR; and
  2. the processing is carried out by automated means.
5.6.2

In exercising this right, you also have the right to have your personal data directly transferred from one controller to another controller, where technically feasible. Freedoms and rights of other people shall not be affected by this.

5.6.3

The right of data portability does not apply to personal data which is required for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

5.7 Right to object
5.7.1

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Art 6(1) GDPR, including profiling based on those provisions.

5.7.2

In cases where you object according to point 5.7.1, the controller shall no longer process your personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

5.7.3

Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.

5.7.4

Where you object to processing for direct marketing purposes according to point 5.7.3, your personal data will no longer be processed for such purposes.

5.7.5

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

5.7.6

5.7.6. For data processing for scientific or historical research purposes or statistical purposes applies: Your right to object can be limited insofar as it may make the scientific goals impossible or seriously impairs and this limitation is necessary for the fulfilment of those scientific or statistical purposes.

5.8 Right to withdraw a consent
5.8.1

You have the right to withdraw your data privacy consent any time.

5.8.2

The lawfulness of processing up to the point of withdrawal is not affected.

5.9 Automated individual decision-making, including profiling
5.9.1

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply, if the decision

  1. is necessary for entering into, or performance of, a contract between you and the data controller;
  2. is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
  3. is based on your explicit consent.
5.9.2

These decisions shall nevertheless not be based on special categories of personal data referred to in Art 9(1) GDPR, unless point (a) or (g) of Art 9(2) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

5.9.3

In the cases referred to in points 5.9.1 (1) and (3) above, the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

5.10 Right to file complaints with the Data Protection Authority
5.10.1

Notwithstanding any other administrative law or civil law remedy you have the right to complain to the authority, at your place of residence, work or place of alleged infringement, if you are of the opinion that the processing of your personal data infringes the GDPR.

5.10.2

The supervisory body, where the complaint was filed, will inform the complainant about the state and the results of the complaint including the possibility of a judicial remedy according to Art 78 GDPR.

6. Technical data protection

6.1

Klickerr takes all measures to protect your data. This includes measures to prevent manipulation, loss, destruction or access of unauthorised persons. For this, Klickerr puts a technical (access control, locked filing systems, password policies, etc), organisational (courses, usage policies, etc), as well as legal frameworks (NDA, data privacy agreements, data processing agreements) in place, which shall prevent this.

6.2

All data is being saved on Klickerr’s servers as well as the server of Klickerr’s contractors, with whom we have concluded data processing agreements.

6.3

All systems and data processes of Klickerr are set forth and described in detail in our records of processing activities.

7. User data

7.1 General
7.1.1

The processed user data concerns all users of the application, i.e. both service providers and service consumers. User data will only be processed after registration or login to the application for the purpose of fulfilling the contract. For the registration of a consumer account see point 4.2 of the GTC; for the registration of an entrepreneur account see point 4.3 of the GTC.

7.1.2

Important definitions of terms:
„Users“:
"Users" are all users of the application. The term "user" includes both (i) natural persons who are of full legal capacity and of legal age, without entrepreneurial status, and (ii) entrepreneurs. An entrepreneur is a natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activities. The term user includes both service providers and service consumers. Users are also affected in the meaning of point 5.

“Application”
The online platform operated on the website www.klickerr.com and its subsidiaries for the exchange of online live services.

“Online Live Service” (“OLS” for short)
Services of any kind provided against payment, which are offered by users on the application and are provided via the live video chat of the external service provider Temasys (point 9.3 of the GTC) integrated into the application.

“Service Provider”
Users of the application who have placed OLS online on the application in order to make it available for chargeable booking by users. Service providers can be both non-entrepreneurial users and entrepreneurial users.

“Service Consumers”
Users of the application who have a concrete interest in an OLS provided by the service provider (e.g. by a request for quotation[to point 8.2.2.1 of the GTC]). Service consumer is also who has the establishment of contact with a service provider as a goal, in order to request an OLS of the service provider. A service consumer can also be a service provider.
A more detailed list of definitions of terms can be found under point 1 of the Klickerr GTC.

7.2 Processing of user data
7.2.1

The application distinguishes between the data groups defined below:
Core User Data:
The term "core user data" includes that area of data which a user must enter during registration (see in detail points 4.2.1 and 4.3.2 of the GTC) and which is displayed in the public profile of the user on the application.
In the case of a consumer account, "core user data" includes: First name, surname and country of residence.
With an entrepreneur account, the core user data includes: (a) information on the company (company name, legal form, registered office [country in which the head office is located], exact geographical address of the registered office, whether the company is a sole proprietorship, VAT identification number and business telephone number); (b) information on the contractual language, which may be exclusively German or English; and (c) information on the owner in the case of a sole proprietor.

Extended User Data:
Extended user data" includes data that can or should be provided by the user after successful registration: the "profile photo uploaded to the public profile, a "title picture", all information provided by the user in the free text field "About me" or in the company description, as well as the language skills specified by the user, under which communication with the user is possible (see point 4.6.1 of the GTC).
For entrepreneurs, "additional entrepreneur data" and uploaded general terms and conditions for entrepreneurs (see point 5.8 of the GTC) also count as "extended user data".
The decision as to whether and which extended user data is uploaded to the public Klickerr account - with the exception of "additional entrepreneurial data" for users with entrepreneurial status - lies solely with the user and is completely optional and voluntary.

Additional Company Data
The "additional company data" includes all country-specific legal information obligations which an entrepreneur must provide in addition to the core user data to be provided during registration, especially if he offers OLS. The "additional company data" (see also point 4.6.3 of the GTC) belong to the "extended user data". These include regularly:

  • Commercial register number and court (if available)
  • Object of the company;
  • Information when the company is in liquidation;
  • Type of liability in cooperatives;
  • for branches, the same information as for the head office;
  • Company e-mail address;
  • additional contact possibility: e.g. fax;
  • the competent supervisory authority, if the activity is subject to official supervision
  • Memberships in a chamber of commerce organisation, a professional association or similar institution to which the entrepreneur belongs;
  • the professional title and the country in which it was awarded and an indication of the applicable professional or trade law provisions and access to them;
  • voluntary codes of conduct or settlements of disputes to which the trader is subject;
  • Managing directors, members of the Executive Board and Supervisory Board and shareholders whose contributions exceed 25%.

Personal User Data
The group of "personal user data" includes the group of "core user data" and the group of "extended user data" including "additional entrepreneurial data" (for entrepreneurs only).

Private User Data:
The "private user data" includes data which the user has to disclose or must make available in order to use certain functions of the Klickerr application so that existing credits can be paid out to the user (e.g. the total service provider price minus the Klickerr fees). The private user data includes: With an entrepreneur: (a) details of the responsible person at the entrepreneur, namely first and last name, gender, date of birth and exact contact address consisting of country, postcode, city and address and e-mail address; (b) details of all direct economic owners (see in detail point 4.3.1 of the General Terms and Conditions) with the exception of details of the owner of a sole proprietorship; (c) country-specific bank information (e.g. IBAN code).
In the case of a consumer: (a) The gender to be indicated at registration and the e-mail address; (b) Data which a non-entrepreneurial user with a service provider profile must provide to Klickerr so that the total service provider price or other amounts due to the service provider can be paid out. These "payment-specific data" are: the exact residential address (city/town, street, house number, postcode), date of birth and country-specific payout information (e.g. IBAN). See in detail item 15.2.5 of the GTC.
For a consumer and entrepreneur: Information about the service provider which the external payment service provider Stripe may request during processing and before making payments/payouts in accordance with point 15.2.4.1 of the GTC and which must be provided by the service provider in order to comply with money transfer security guidelines and to ensure the prevention of crime financing and the like. This "prevention information includes, for example, the request for a digital copy of a valid passport or country-specific identification numbers. See in detail point 15.2.4.2 of the GTC.

7.2.2 Legality of processing

User data will always be processed for the purpose of fulfilling the contract. Only extended user data, such as the profile photo, can be processed in individual cases on the basis of the user's consent. In this case the user either gives his explicit consent or publishes the data independently on his profile (see also point 7.2.4).
Processing for another legal reason, such as processing due to a legal obligation of Klickerr, remains unaffected.

7.2.3 Storage time / deletion

Data processed to fulfil the contract will in any case be stored for 7 years within the legal retention period. After the expiry of this period, the data will be deleted as long as there are no legitimate overriding interests of the person responsible or third parties, or any other legal grounds to the contrary. For user data that are processed on the basis of the user's consent, point 5.8 applies.
Point 4 applies to the storage period and deletion periods in general.

7.2.4 Publication

The group of "personal user data" is automated for all natural persons or can be viewed by means of search queries, since these are displayed in the public profile of the user on the application. Klickerr provides users and especially service consumers with free access to all data in the group of "personal user data".
Content that has been uploaded by the user to his "public profile" of his Klickerr account, including the owner's details of a sole proprietor, may be accessed, used and stored by third parties.
If a user places data in his public profile, he publishes it voluntarily, independently or on the basis of a legal obligation (such as the additional entrepreneur data for entrepreneurs in order to fulfil all country-specific legal information obligations).
The controller points out that published data and in particular profile photos and cover pictures, especially online, are distributed worldwide and assigned to the person concerned and can possibly be analysed by third parties (e.g. Facial Recognition) and their complete deletion from the Internet cannot be guaranteed.
Point 7.4 is particularly relevant to photos

7.2.5 Transfer of data

User data is passed on to third parties (such as IT service providers) for and within the scope of contract fulfilment. If special information duties are applied to individual third parties (e.g. at the external payment service provider Stripe), these are specifically executed and dealt with (see points 7.3, 7.5, 8.2 - 8.4).

7.2.6

Further detailed information on user accounts can be found under [Points 4 and 5 of the GTC].

7.3 Payment processing by Stripe
7.3.1

7.3.1 In the context of the payment of OLS (see in detail point 15.2.2 of the GTC) or payouts and refunds (see in detail point 15.2.3 and 15.2.4 of the GTC) data are transmitted directly from the person concerned to the payment provider Stripe and processed for the purpose of contract fulfilment and payment processing is carried out.

7.3.2

All payments are processed by the external payment service provider Stripe Inc. 185 Berry Street, Suite 550, San Francisco, CA 94110, USA ("Stripe"). The user can find out more about the external payment service provider Stripe at https://stripe.com/at.

7.3.3

The user agrees that the entire payment processing (including transfer of the Klickerr fee) is carried out via the external payment provider Stripe. Stripe thus becomes a contractual partner of the user with regard to payment processing.

7.3.4

Payment processing is governed by the Stripe (Stripe Connected Account Agreement; see https://stripe.com/at/connect-account/legal), the Stripe Services Agreement - Austria (https://stripe.com/at/legal) and the Stripe Privacy Policy (https://stripe.com/at/privacy). These three provisions are summarized below under the collective term "Stripe Services Agreement".

7.3.5

The Stripe Services Agreement applies to payment processing; the user hereby acknowledges and accepts these conditions.

7.3.6

During payment processing by Stripe, no sensitive customer data is stored on Klickerr's servers. Klickerr does not process or store credit card data. All payments are processed directly via the secure Stripe platform. Further information on security at Stripe can be found at https://stripe.com/docs/security/stripe.

7.3.7

Further detailed information on payment, payouts and refunds can be found under point 15.2 of the Klickerr GTC.

7.4 Photos
7.4.1

By ticking the checkbox during photo upload you agree that the photo you uploaded (profile photo and cover picture) will be processed and published in your user profile. It is not necessary to upload a photo on which you are recognizable (see point 4.6.2 of the GTC). In this sense, you publish these photos yourself.

7.4.2

Consent to the processing of photos can be revoked at any time by deletion of the photo in the Klickerr account or in writing, unless the implementation of the revocation is not possible for the responsible person with appropriate measures (e.g. the photo was shared by third parties), or other legal reasons stand in the way.

7.5 Live Video Chat
7.5.1

The following applies to service providers:
The service provider is obliged to share his video within the framework of the OLS, as this is the essence of his service provision to the service consumer. The service provider therefore acknowledges with consent that the offering and implementation of an OLS is not possible without the transmission of videos and the related personal data. Otherwise, the same applies as for photos (see point 7.4 above).

7.5.2

The following applies to service consumer:
A service consumer is not obliged to share his video within the framework of an OLS. If he does, he agrees to the transmission of the video to the service provider. A publication does not take place. Otherwise, the same applies as for photos (see point 7.4 above).

7.5.3 Provision of the OLS via the "Live Video Chat" provisions for implementation:
7.5.3.1

The OLS is executed / conducted / processed by the external service provider Temasys (https://temasys.com.sg) via its Skylink program, which is integrated into the application ("Live Video Chat"). An encrypted peer-to-peer video transmission takes place between service provider and service consumer.

7.5.3.2

Users agree that Klickerr may use the external service provider Temasys (https://temasys.com.sg) via its Skylink program, which is integrated into the application. Temasys thus becomes a contractual partner of the user with regard to the processing/conducting of the OLS.

7.5.3.3

If the OLS is performed/conducted by users via Live Video Chat, the Temasys Terms of Service (https://temasys.io/terms-of-service/) shall additionally apply to these users. The service provider Temasys becomes a contractual partner of the user with regard to the use and complete handling of the OLS. The user will be informed of this fact separately when the payment information is sent.

7.5.3.4

Live Video Chat is subject to Temasys Terms of Service (https://temasys.io/terms-of-use/) and Privacy Policy (https://temasys.io/privacy-policy/). The user becomes a contractual partner of Temasys and hereby acknowledges and accepts the terms and conditions of the Temasys Terms of Use.

7.6 Special categories of personal data
7.6.1

If this information contains special categories of personal data (Art 9 DSGVO), you expressly consent to the processing. Klickerr points out that photos or information about booked OLS can contain this data.

8. Newsletter

8.1 General information
8.1.1

The following applies to the sending of advertising and information material by e-mail (newsletter):

  • If you tick the respective checkbox, your e-mail address will be used for your own advertising purposes until you unsubscribe.
  • This use is exclusively at your special request and with your consent and is not a prerequisite for the use of the application.
  • This declaration of consent can be withdrawn by you at any time and free of charge. You will find options to withdraw the sending of information material at the end of this paragraph. In addition, a contact option is inserted in each newsletter to revoke the declaration of consent.
  • The sending of information material includes advertising from Klickerr, from providers of services/applications integrated into the application as well as from service providers, such as services from service providers, actions / advertisements from Klickerr, information on functions and tips for using Klickerr, event invitations, information on surveys and lotteries.
  • Your data (e.g. e-mail address) will not be passed on to the providers of services/applications integrated in the application or to service providers for the purpose of sending the newsletter.
  • Your data will be transmitted to MailChimp, which is the central service provider for sending information material (details under Mailchimp Data Processing Addendum). A transmission to other third parties does not take place.
  • Newsletter recipients are affected in the sense of point 5, and can therefore be both users and other visitors to the website.
8.1.2

Possibilities for withdrawal:
A.P. Klickerr Ges.m.b.H
Alser Straße 13/1/9, 1080 Vienna
FN 447805 m
office@klickerr.com

8.2 MailChimp
8.2.1

The newsletter is sent via "MailChimp", a newsletter mailing platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA.

8.2.2

The e-mail addresses of the newsletter recipients of Klickerr, as well as their further data described in the context of these notes, are stored on the servers of MailChimp in the USA. MailChimp uses this information to send and evaluate the newsletter on our behalf. Furthermore, MailChimp can use this data according to its own information to optimize or improve its own services, e.g. to technically optimize the sending and presentation of the newsletter or for economic purposes to determine from which countries the recipients come. However, MailChimp does not use the data of our newsletter recipients to write them down or pass them on to third parties.

8.2.3

Klickerr relies on the reliability and IT and data security of MailChimp. MailChimp is certified under the US-EU data protection agreement "Privacy Shield" (https://www.privacyshield.gov/participant?id=a2zt0000000000TO6hAAG) and commits itself to comply with the EU data protection regulations. Furthermore, Klickerr has concluded a „Data-Processing-Agreement“ with MailChimp. This is a contract in which MailChimp undertakes to protect the data of the newsletter recipients, to process them in accordance with their data protection regulations on behalf of Klickerr and in particular not to pass them on to third parties. The data protection regulations of MailChimp can be viewed here.

8.3 MailChimp: Statistical Survey and Analyses
8.3.1

The newsletters contain a so-called "web-beacon", i.e. a pixel-sized file which is retrieved from the MailChimp server when the newsletter is opened. Within the scope of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and time of retrieval are initially collected. This information is used to technically improve the services based on the technical data or the target groups and their reading behaviour based on their retrieval locations (which can be determined using the IP address) or access times.

8.3.2

Statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither Klickerr's nor MailChimp's intention to monitor individual newsletter recipients. The evaluations serve Klickerr much more to recognize the reading habits of its users and to adapt contents to you or to send different contents according to the interests of the newsletter recipients.

8.4 MailChimp: Online Access and Data Management
8.4.1

There are cases where Klickerr directs newsletter recipients to MailChimp's websites. For example, the Klickerr newsletters contain a link with which the newsletter recipients can call up the newsletters online (e.g. in case of display problems in the e-mail program). Furthermore, newsletter recipients can subsequently correct their data, such as their e-mail address. Likewise, MailChimp's privacy policy (https://mailchimp.com/legal/privacy/) can only be accessed on their website.

8.4.2

In this context, Klickerr points out that cookies are used on the websites of MailChimp and that personal data are processed by MailChimp, its partners and service providers (e.g. Google Analytics). Klickerr has no influence on this data collection. Further information can be found in the privacy policy (https://mailchimp.com/legal/privacy/) of MailChimp. Klickerr also draws your attention to the opportunities to object to the collection of data for advertising purposes on the websites http://www.aboutads.info/choices/ and http://www.youronlinechoices.com/ (for the European area).

9. Data of website visitors

The provisions of point 9. apply to affected persons within the meaning of point 5., thus both to users of the application (see also the definitions under 7.1.2) and to pure visitors of the website www.klickerr.com or its subsidiaries without being users of the application.

9.1 Google Analytics
9.1.1

Klickerr uses Google Analytics, a web analysis service of Google Inc. "("Google"). Google uses cookies. The information generated by the cookie about the use of the online offer by the affected parties is usually transmitted to a Google server in the USA and stored there.

9.1.2

Google will use this information on behalf of Klickerr to evaluate the use of the website by those affected, to compile reports on the activities within the website and to provide Klickerr with further services connected with the use of the website and the internet. Pseudonymous user profiles of the persons concerned can be created from the processed data.

9.1.3

Klickerr uses Google Analytics only with activated IP anonymization. This means that Google will cut the IP addresses of those affected within member states of the European Union or in other states party to the agreement on the European Economic Area. The IP address transmitted by the person's browser is not merged with other Google data.

9.1.4

The data will be transferred outside the EEA to the parent company of the Google Group, Google LLC and its wholly owned US subsidiaries, in accordance with the Privacy Shield Principles, if the scope of the Privacy Shield certification of Google LLC collects the personal data of the data subject.

9.1.5

You can prevent the storage of cookies by adjusting your browser software accordingly; you can also prevent Google from collecting the data generated by the cookie and relating to your use of the website and processing this data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout.

9.1.6

Further information on Google's use of data for advertising purposes, possible settings and objections can be found on Google's websites: www.google.com/intl/de/policies/privacy/partners/ ("Google's use of data when using our partners' websites or apps"), www.google.com/policies/technologies/ads ("Use of data for advertising purposes"), www.google.de/settings/ads ("Manage information Google uses to show you advertising") and www.google.com/ads/preferences/ ("Determine which advertising Google shows you"). Order Data Agreement https://privacy.google.com/businesses/processorterms/; Privacy Policy for DSGVO https://policies.google.com/privacy/update?hl=en.

9.2 Social Media and Links - General
9.2.1 General information about used plugins and links
9.2.1.1

The website www.klickerr.com uses

  • social plug-ins ("plugins") of various social networks,
  • links to social media platforms ("social media links) as well as
  • Links to homepages of users ("homepage links").

With the help of the plugins the person concerned can, for example, share or recommend content. The social media links lead to user profiles created by users on social media platforms (e.g. Facebook; Twitter, Instagram, Linkedin, etc). The homepage link leads to a private or business homepage of the user. The links entered by the user to a social media profile or his or her homepage are made visible on his or her public profile and on live offers by means of corresponding social media or homepage buttons (for links to social media profiles or a homepage of the user see point 4.6.4 of the GTC).

9.2.1.2

For the best possible protection of the person concerned, the plug-ins are technically integrated as a mere link on the Internet platform and not as a so-called iFrame, as provided by the social networks as standard. In all three cases (plugins, social media links and homepage links) this means that the browser of the person concerned does not establish any direct connection with the servers of the respective social network or the homepage as long as the person concerned does not take active action. Without interaction with the plugin, for example by pressing the "Share" or "Twitter" buttons, or by clicking on a social media or homepage button, no data is transmitted and no cookies are set.

9.2.2 Special information on social media plug-ins and social media links
9.2.2.1

If the person concerned interacts with one plugin, he/she will be prompted in a new window to register with the respective social network. If the person concerned clicks in a user's public profile or in his/her offer on a social media button, he/she will be redirected to the respective social media profile of the user in a new window. In both cases, one or more cookies from the corresponding social network are also placed on the person's concerned computer. By interacting with the plugin or the social media button, the browser sends these cookies to the network server of the respective social network in the USA or in the respective country of residence without being asked. and the social network at least receives the information that the person concerned has accessed the corresponding page of the website, even if the person concerned does not have a profile with the corresponding social network or is not currently logged in. In addition, the IP address of the person concerned, the date, time, URL and a unique ID of the website, the screen resolution etc. can also be transmitted and stored.

9.2.2.2

If the person concerned has already visited the website of a social network with his browser (irrespective of whether he has registered there), a cookie with a unique user identification may have already been placed on his computer by him and this will be used for the recognition of the person concerned in every communication with this social network. If the person concerned interacts with the plugin or the social media button, this cookie is also sent. In principle, the respective social network can create a profile of which websites the user of the social network belonging to the identification has called up. And it is then also quite possible to assign this identification to a person again later - for example when logging on to the social network later.

9.2.2.3

If the person concerned is registered and logged in with the respective social network with he interacts on the website, the social network can immediately assign the visit of the website to his profile on the social network and the information stated here is transmitted directly from the browser of the person concerned to a server of the respective provider in the USA or to the respective country of residence and stored there.

9.2.2.4

When interacting with a plugin, for example by pressing the "Share" or "Twitter" button, the information (e.g. a shared OLS) is also published on the social network and displayed there to other users of the social network. Which users of the respective social network receive exactly this information depends on which privacy settings the person concerned has set on the respective social network.

9.2.2.5

If the person concerned does not want the social networks to receive information about the visit of the website and to be directly assigned to the profile of the person concerned in the respective social network, he or she must refrain from interacting with the plug-ins or clicking on the respective social media button. If the person concerned interacts with a plug-in or a social media link on the website (i.e. by clicking the "Share" or "Twitter" button or a social media button), the person concerned agrees to the use of the data collected about him/her by the respective social network in the manner and for the purpose described and agrees that his/her data may also be transmitted and used in third countries outside the EU with inadequate data protection (such as the USA).

9.2.3 Possibilities of influencing the use of data
9.2.3.1

The controller (Klickerr) has no influence on the scope or content of the data that is collected and/or stored and/or processed and/or passed on by the operator/owner of a homepage (homepage of a user) in connection with the interaction with the website link. If data is used on a user's homepage, the purpose and scope of data collection and the further processing and use of the data as well as the relevant rights and setting options for the protection of the data subject's privacy can be found in the data protection information on the respective homepage.

9.2.3.2

The controller (Klickerr) has no influence on the scope or content of the data collected and/or stored and/or processed and/or passed on by the social networks in detail in connection with the interaction with their plugin or with the social media link. Klickerr depends on the information of the respective social networks. The current purpose and scope of data collection and the further processing and use of the data by social networks as well as the relevant rights and setting options for the protection of the privacy of the person concerned can be found in detail in the data protection information of the respective social networks or their websites. You will find a short summary of all relevant information under the respective points (points 9.3 to 9.10).

9.2.3.3

In order to avoid the setting and sending of cookies to the servers of the respective providers (social network or homepage operator/owner) even in the case of erroneous (not intentional) interaction with a plugin or a social media or homepage button, the person concerned can select the function "Block cookies from third party providers" in his or her browser settings. With this setting, however, other cross-page functions of the website may no longer function.

9.3 Facebook
9.3.1

The social network facebook.com is operated by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook") and serves the interaction of users of this social network. Its Facebook plugin or Facebook Social Media button are marked with a Facebook logo (collectively referred to as the "Facebook button"). The Facebook plugin allows you to post on your own pinboard on facebook.com, as well as to activate "Like" the respective page. The Facebook Social Media button links to the user's Facebook page.

9.3.2

The purpose of data collection and processing as well as the use of the data by Facebook and the types of data (scope of data) can be found in the data protection information published by Facebook itself; see: http://www.facebook.com/policy.php. In the interests of the best possible transparency, Klickerr summarises the key points for those affected:

9.3.3

When the Facebook button is pressed, Facebook receives a series of data (e.g. IP address, browser type, operating system, information on the previously accessed website that the person concerned has visited on the website, location, mobile phone provider, device information, etc), as well as a cookie that identifies the browser of the person concerned. The information collected by Facebook is used to analyze usage behavior and to provide, select, evaluate and understand the advertisements that Facebook provides on and off of Facebook (including advertisements provided by or on behalf of Facebook subsidiaries) and to compile statistics about individuals affected. Facebook also uses the information at its disposal to improve its advertising and measurement systems so that Facebook can show the affected person on and off Facebook services and measure the effectiveness and reach of advertisements and services. If the person concerned is registered with Facebook, Facebook is able to use the collected data to provide services to the person concerned, to personalise content for him and to submit direct links and suggestions to him in which he might be interested. Finally, the collected data is used to send marketing communications to the person concerned, to communicate with him/her via his/her services and to inform the person concerned about Facebook's guidelines and conditions.

9.3.4

If the person concerned holds a Facebook account and uses the Facebook plugin to share content on the website, he has given his consent for his information to be processed, collected, transferred, stored, disclosed and used in accordance with the privacy policy of Facebook (https://www.facebook.com/about/privacy). In the account settings, the person concerned can change the privacy settings of his Facebook account.

9.3.5

For more information about Facebook and the DSGVO, please visit: https://www.facebook.com/business/gdpr#Facebook-als-Datenverantwortlicher-vs.-Auftragsverarbeiter.

9.4 Twitter
9.4.1

The social network twitter.com is operated ("Twitter") by Twitter Inc, 795 Folsom Street, Suite 600, San Francisco, CA 94107, USA, and serves the interaction of users of this social network. Its Twitter plugin and Twitter Social Media button are marked with a Twitter logo with the stylized light blue bird (commonly referred to as the "Twitter button"). The Twitter plugin allows posting on your own pinboard on twitter.com. The Twitter Social Media button links to the Twitter profile of the user.

9.4.2

The purpose of data collection and processing as well as the use of the data by Twitter, as well as the types of data (scope of data) can be found in the information on data protection published by Twitter itself; see: http://twitter.com/privacy. In the interests of the best possible transparency, Klickerr summarises the key points for those affected:

9.4.3

When the Twitter button is pressed, Twitter receives log data (e.g. IP address, browser type, operating system, information on the previously accessed website which the person concerned has visited on the website, location, mobile phone provider, device information, etc), as well as a cookie which identifies the browser of the person concerned ("widget data"). Twitter uses the log data to provide, understand and improve its services, to draw conclusions as to which topics the person concerned may be interested in and to adapt the content that Twitter displays to the person concerned, including advertising. The log data will either be deleted after a maximum of 18 months or - if the person concerned has a Twitter account - all general account IDs such as user name, full IP address and e-mail address will be removed. After a maximum of 10 days, Twitter will begin deleting, unidentifying or collecting widget data. Twitter can use the widget data to tailor content to the person concerned, for example by proposing to follow certain people on Twitter (if the person concerned has a Twitter account) or by offering the person concerned content that might be of interest to them. Trimmed content is only stored with browser cookies or device IDs and is separated from other widget data, such as information about pages visited. Further information on this function and how the person concerned can temporarily block or deactivate it can be found under the following link: http://support.twitter.com/articles/20171570.

9.4.4

If the person concerned owns a Twitter account and uses the Twitter plugin to share content on the website, they have given their consent for their information to be processed, collected, transmitted, stored, disclosed and used in accordance with the Twitter (http://twitter.com/privacy) privacy policy. Under the following link the person concerned can change the data protection settings of his Twitter account: http://twitter.com/account/settings.

9.5 YouTube
9.5.1

YouTube is YouTube LLC, headquartered at 901 Cherry Avenue, San Bruno, CA 94066, USA. YouTube is a subsidiary of Google LLC ("Google"), and shares its privacy policy. The social media button for YouTube is marked with a white "Play" button on a red background. The YouTube Social Media button links to the YouTube profile of the user.

9.5.2

The purpose of data collection and processing as well as the use of the data by YouTube, as well as the data types (scope of data) can be found in the information on data protection, which YouTube itself publishes; see: https://policies.google.com/privacy?hl=en&gl=en.

9.5.3

If the person concerned follows the social media link to YouTube (i.e. clicks the YouTube Social Media button), data will be processed, collected, transmitted, stored, disclosed and used in accordance with YouTube's privacy policy. Furthermore, cookies can be stored on the device of the person concerned when visiting the YouTube website. This is governed by Google's cookie policy: https://policies.google.com/technologies/cookies. If the person concerned is the owner of a YouTube account, the information transmitted by YouTube can be linked to the account of the person concerned.

9.6 Google+
9.6.1

The social network Google+ is operated by Google LLC ("Google"), Amphitheatre Parkway, Mountain View, CA 94043, USA. The social media button for Google+ is marked by the logo of a "g" with a plus sign on a red background. The Google+ Social Media button links to the user's Google+ profile.

9.6.2

The purpose of data collection and processing and use of the data by Google+, as well as the types of data (scope of data) can be found in the information on data protection published by Google+ itself; see: https://policies.google.com/privacy?hl=en&gl=en.

9.6.3

If the person concerned follows the social media link to Google+ (i.e. clicks the Google+ Social Media button), data will be processed, collected, transmitted, stored, disclosed and used in accordance with Google's privacy policy. Furthermore, cookies can be stored on the device of the person concerned when visiting the Googel+ website. This is governed by Google's cookie policy: https://policies.google.com/technologies/cookies. If the person concerned is the owner of a Google+ account, the information transmitted by YouTube can be linked to this account.

9.7 Pinterest
9.7.1

Pinterest is operated by Pinterest Europe Ltd, Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland, who is also responsible for data protection. The social media button for Pinterest is marked by its logo, a white "P" in a red circle. The Pinterest Social Media button links to the user's Pinterest profile.

9.7.2

The purpose of data collection and processing as well as Pinterest's use of the data and the types of data (scope of data) can be found in the data protection information published by Pinterest itself; see: https://policy.pinterest.com/de/privacy-policy. Pinterest's data protection officer can be reached at the following address: https://help.pinterest.com/de/data-protection-officer-contact-form.

9.7.3

If the person concerned follows the social media link to Pinterest (i.e. clicks the Pinterest Social Media button), data will be processed, collected, transmitted, stored, disclosed and used in accordance with Pinterest's privacy policy. Furthermore, when you visit the Pinterest website, cookies may be stored on your device. This is governed by Pinterest's cookie policy: https://policy.pinterest.com/de/cookies. If the person concerned is the owner of a Pinterest account, the information provided by Pinterest can be linked to this account.

9.8 Xing
9.8.1

XING is operated by Xing SE, Dammtorstraße 30, D-20354. The social media button for Xing is marked by its logo, a green "X". The XING Social Media button links to the user's XING profile.

9.8.2

The purpose of data collection and processing and the use of the data by XING, as well as the types of data (scope of data), can be found by the person concerned in the information on data protection, which XING publishes itself; see: XING Privacy Regulations. If the person concerned is a user of Xing, he can assert his rights here: XING Data Information.

9.8.3

If the person concerned follows the social media link to XING (i.e. clicks the XING Social Media button), data is processed, collected, transmitted, stored, disclosed and used in accordance with XING's data protection policy. Furthermore, cookies can be stored on the device of the person concerned when visiting the XING website. Information about cookies used by Xing can be found at: https://faq.xing.com/de/zugangsdaten/was-sind-cookies-und-warum-brauche-ich-sie-beim-einloggen. If the person concerned is the owner of a XING account, the information transmitted by XING can be linked to this account.

9.9 LinkedIn
9.9.1

Linkedin is operated by LinkedIn Ireland Unlimited Company, Attn: Legal Dept. (Privacy Policy and User Agreement), Wilton Plaza, Wilton Place, Dublin 2, Ireland, which also is the party responsible for data protection. The social media button for Linkedin is marked by its logo, a white "in" on a blue background. The LinkedIn Social Media button links to the LinkedIn profile of the user.

9.9.2

The purpose of data collection and processing as well as the use of the data by LinkedIn, as well as the types of data (scope of data), can be found by the person concerned in the notes on data protection, which LinkedIn itself publishes; see: https://www.linkedin.com/legal/privacy-policy. LinkedIn's data protection officer can be reached at the following address: https://www.linkedin.com/help/linkedin/ask/TSO-DPO.

9.9.3

If the person concerned follows the social media link to LinkedIN (i.e. clicks the LinkedIn Social Media button), data will be processed, collected, transmitted, stored, disclosed and used in accordance with LinkedIn's privacy policy. Furthermore, when you visit the LinkedIn website, cookies may be stored on your device. This is governed by LinkedIn's cookie policy: https://www.linkedin.com/legal/cookie-policy?trk=hb_ft_cookie. If the person concerned is the owner of a LinkedIn account, the information provided by Linkedin can be linked to this account.

9.10 Instagram
9.10.1

Instagram is part of the Facebook group. The data protection officer is therefore Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland. The social media button for Instagram is marked with the Instagram logo, a stylized camera. The Instagram Social Media button links to the user's Instagram profile.

9.10.2

The purpose of data collection and processing as well as the use of the data by Instagram or Facebook, and the data types (scope of data) can be found by the data subject in the notes on data protection published by Instagram itself; see: https://help.instagram.com/519522125107875. The information listed under point 9.3.3 on Facebook also applies to Instagram.

9.10.3

If the person concerned follows the social media link to Instagram (i.e. clicks the Instagram Social Media button), data will be processed, collected, transmitted, stored, disclosed and used in accordance with Instagram's privacy policy. Furthermore, when you visit the Instagram website, cookies may be stored on your device. This is governed by Facebook's cookie policy: https://www.facebook.com/policies/cookies. If the person concerned is the owner of an Instagram account, the information submitted by Instagram or Facebook can be linked to this account.

9.11 User homepage
9.11.1

If the website visitor clicks on a link to a user's homepage ("homepage linking"; see point 9.2.1.1), his/her data can be processed by the operator/owner of the homepage (user's homepage) or another person responsible (e.g. by cookies). For this purpose, the person concerned must observe the respective data protection regulations on the website. If data is used on a user's homepage, the purpose and scope of data collection and the further processing and use of the data as well as the relevant rights and setting options for the protection of the data subject's privacy can be found in the data protection information on the respective homepage. The responsible person has no influence on the data protection practices of a linked homepage (see also point 13.12 of the GTC).

9.12 Cookies
9.12.1

When using our website, so-called "cookies" are stored on your end device. These are small text files that store certain settings and data for exchange with our system via your browser. A cookie contains the name of the domain from which the cookie data was sent, information about the age of the cookie and an alphanumeric identifier ("cookie ID"). Cookies help Klickerr to improve its website and to offer the person concerned optimised services.

9.12.2

In the "session cookies" used by Klickerr, only the above-mentioned data about your use of the website is temporarily stored. These store a so-called "session ID", with which different requests of your browser can be assigned to a common session. This will allow your computer to be recognized when you return to our website www.klickerr.com session cookies are deleted when you close your browser. In addition, so-called "persistent cookies" are used, which are automatically deleted after a specified period. These enable not only the recognition of your end device, with which you have already visited the website, but also the non-personal analysis of the behaviour on our website.

9.12.3

If you do not wish to use browser cookies, you can set your browser so that cookies are not accepted. If you prevent cookies from being stored, Klickerr points out that you may not be able to use our website and the application in full.

10. Users as a data processing company

If a user - especially a service provider - is a processing agent within the meaning of Art 28 DSGVO, the following points apply. This is particularly the case when service providers receive personal data from service consumers within the scope of fulfilling service contracts via the application.

10.1 Object of processing
10.1.1

These points concern the processing of user data of third parties (as point 7.2.1) and other personal data which the processor receives in the context of the use of the application. All users can be affected, but especially service consumers. The processing purposes are limited to the fulfilment of the contract.

10.1.2

The processor must verify the lawfulness of data processing for other purposes or as data controller directly in relation to the data subjects and, if necessary, obtain the consent of the data subjects. The processor indemnifies and holds Klickerr completely harmless in this respect.

10.1.3

In principle, data may not be transferred to a third country or an international organisation if the Commission has not taken an adequacy decision. If a processor processes personal data in a third country, he/she must ensure that the data processing is legal or conclude a separate contract with the controller.

10.2 Obligations of the order processor
  • The processor confirms that he is aware of the relevant data protection regulations. He observes the principles of proper data processing.
  • The processor undertakes to process personal data exclusively on the basis of the Klickerr GTC, any instructions given by the person responsible and this data protection declaration, in particular point 10, and to comply with all data protection regulations.
  • If the processor considers an instruction of the person responsible to be illegal, he must immediately inform the person responsible in writing.
  • The processor shall take all appropriate technical and organisational measures provided for in Article 32 of the DSGVO to ensure the security of data processing.
  • The processor assists the person responsible in responding to applications from data subjects with regard to the protection of their rights. If such a request is sent to the processor, he will immediately forward it to the person responsible.
  • The processor assists the controller in fulfilling his obligations under Articles 32 to 36 of the DSGVO, including, but not limited to, the setting of security measures, the reporting of data breaches and the preparation of a data protection impact assessment.
  • Upon termination of processing and at the request of the controller, the processor shall delete the personal data at his disposal. If the person responsible so requests, the personal data must be returned to him or her.
  • The processor undertakes to inform the responsible person of all details required to prove compliance with the obligations under Article 28 of the DSGVO. In addition, the processor undertakes to support the person responsible in the inspections to be carried out by him and to grant him access at any time.
  • The processor shall keep a written or electronic register of all categories of processing activities carried out on behalf of the controller in accordance with Article 30(2) DSGVO.
  • The processor undertakes to appoint a competent and reliable person as data protection officer if the conditions set out in Article 37 DSGVO are met.
  • The processor is obliged to treat all personal data and information disclosed, transmitted or otherwise made available to him as confidential. Likewise, the acquired knowledge of the processing results is covered by this duty of confidentiality.
  • The processor shall oblige all persons attributable to him who are involved in the processing of personal data to maintain confidentiality, unless such persons are already subject to a statutory duty of confidentiality. The duty of confidentiality or secrecy continues to apply even after termination of the work for the contract processor.
  • The processor shall oblige all persons entrusted with the processing of personal data to transmit such data only on the basis of instructions, unless such an obligation already exists by law. In addition, the processor shall inform his employees of the transmission instructions applicable to them and of the consequences of a breach of data secrecy.
  • The contract processor processes personal data exclusively as contractually agreed (Klickerr GTC and Klickerr data protection declaration) or as instructed by the person responsible, unless the contract processor is legally obliged to a certain processing. Furthermore, the processor does not use the personal data provided for processing for any other purposes, in particular not for his own purposes.
  • The processor shall, where necessary, provide the controller with all necessary information, in particular records, to demonstrate compliance with his duties.
  • Where the controller is subject to control by supervisory authorities or other bodies or where data subjects assert rights against the controller, the processor undertakes to support the controller to the required extent insofar as the processing on behalf of the controller is affected.
  • The processor will only provide information to third parties or the affected parties with the prior consent of the person responsible. Requests addressed directly to him are immediately forwarded to the person responsible.
  • The responsible person is entitled to check compliance with (a) the data protection regulations, (b) the relevant data protection regulations of the Klickerr GTC, (c) any instructions given by the responsible person and (d) this data protection declaration, in particular point 10, with the processor himself or by third parties to an appropriate extent, in particular by obtaining information and inspecting the stored data and the data processing programs as well as other on-site checks. The persons entrusted with the control shall be granted access and inspection by the processor as necessary. The processor is obliged to provide the necessary information, demonstrate procedures and provide the evidence necessary to carry out an inspection.
10.3 Technical and organisational measures
  • The described data security measures are defined as binding. They define the minimum that is owed by the processor.
  • The processor must take appropriate technical and organisational measures to ensure an adequate level of data protection.
  • The controller must be informed of the measures taken prior to the start of the order processor's processing activities.
  • The processor shall be obliged to check at regular intervals whether an adequate level of data protection is guaranteed by appropriate technical and organisational measures taken by the processor.
  • The processor is obliged to support the controller in the establishment of suitable technical and organisational measures, insofar as these processing activities of the processor on behalf of the controller concern.
  • The data security measures can be adapted to technical and organisational developments as long as they do not fall below the agreed level. The processor shall implement any changes necessary to maintain information security without delay. The controller must be informed immediately of any changes. Significant changes are to be agreed between the parties.
  • If the security measures taken do not or no longer meet the requirements notified by the controller, the processor shall immediately notify the controller.
  • Copies or duplicates are not made without the knowledge of the controller. Excluded are technically necessary, temporary copies, as far as an impairment of the data protection level agreed here is excluded.
  • Data mediums that originate from the controller or are used for the controller are specially marked and are subject to ongoing administration. They must be adequately stored at all times and must not be accessible to unauthorised persons. Inputs and outputs are documented.
10.4 Correction, deletion and blocking of data
  • User data of third parties (as point 7.2.1) and other personal data which the processor receives and processes in the context of the use of the application, the processor will only correct, delete or block in compliance with (a) the data protection regulations, (b) the relevant data protection provisions of the Klickerr GTC and (c) this data protection declaration, in particular point 10, or in accordance with the instructions of the controller.
  • The processor will comply with the relevant instructions of the controller at any time and also beyond the termination of this contract.
10.5 Subcontractors
  • If the processor intends to use another sub-processor, he must notify the controller in writing. Notification must be given in advance so that the controller can exercise the possibility of objecting to the intended change.
  • The sub-processor shall act exclusively on the basis of the contract to be concluded between him and the processor pursuant to Art. 28 para. 4 DSGVO.
  • The processor is liable to the controller in the event that the sub-processor fails to comply with its data protection obligations.
  • Sub-processors are contractually obliged to at least comply with data protection obligations equivalent to those of the relevant provisions of the Klickerr GTC and this data protection declaration, in particular point 10. Upon request, the person responsible shall have access to the relevant contracts between the processor and the sub-processor.
  • The rights of the controller must also be effectively exercisable against the sub-processor. In particular, the controller must be entitled to carry out checks on subcontractors or have them carried out by third parties at any time to the extent specified in item 10.
  • The responsibilities of the processor and the sub-processor shall be clearly defined.
  • Further subcontracting by the sub-processor is not permitted.
  • The processor shall carefully select the sub-processor, taking particular account of the suitability of the technical and organisational measures taken by the sub-processor.
  • The forwarding of data processed in the contract to the sub-processor shall only be permitted once the sub-processor has satisfied himself in a documented manner that the sub-processor has fully fulfilled his obligations. The processor shall submit the documentation to the person responsible on request.
  • Only subcontractors with headquarters and data processing within the EU or the EEA may be commissioned.
  • Sub-contractor relationships as defined in 10.5 are only those services that are directly related to the provision of the main service (presentation and execution of OLS on the application). Additional services, such as the use of telecommunications services or user services, are not included. The duty of the order processor to ensure compliance with data protection and data security also in these cases remains unaffected.
10.6 Notification obligations
  • The processor shall immediately notify the controller of any breaches of the protection of personal data. Justified suspected cases must also be reported. The notification must contain at least the information specified in Art. 33 para. 3 DSGVO.
  • Significant disruptions in the execution of the order as well as violations of data protection regulations by the order processor or the persons employed by him or the relevant provisions of the Klickerr GTC and this data protection declaration, in particular point 10, must also be reported without delay.
  • The processor shall immediately inform the controller of any controls or measures taken by supervisory authorities or other third parties where these relate to the processing of the order.
  • The processor assures to support the responsible person in his duties according to Art. 33 and 34 DSGVO to the required extent.
10.7 Instruction
  • The controller has a comprehensive right to give instructions with regard to the data processed in the order within the meaning of point 10.1.1.
  • The controller and processor shall designate the persons exclusively authorised to issue and accept instructions.
  • In the event of a change or if the nominated persons are prevented for a longer period of time, successors or representatives must be notified to the other party without delay.
  • The processor will immediately inform the controller if he considers that an instruction given by the processor violates legal regulations. The processor is entitled to suspend the execution of the relevant instruction until it is confirmed or changed by the controller.
  • The processor shall document instructions given to him and their implementation.
10.8 Termination of the contractual relationship; Miscellaneous
  • Upon termination of the contractual relationship or at any time at the request of the responsible party, the processor must either destroy the data processed in the order within the meaning of point 10.1.1 at the discretion of the controller or hand it over to the controller and then destroy it. All existing copies of the data must also be destroyed. The destruction must be carried out in such a way that it is no longer possible to recover residual information with justifiable effort.
  • The processor is obliged to ensure the immediate return or deletion also to sub-processors.
  • The processor shall provide proof of proper destruction and submit it to the controller on request.
  • Documentation that serves as proof of proper data processing shall be kept by the processor in accordance with the respective retention periods even after the end of the contract. He can hand them over to the controller at the end of the contract.
  • If the property of the responsible party is endangered by measures of third parties (such as seizure or confiscation), by insolvency or composition proceedings or by other events, the processor must inform the responsible party immediately.
  • The processor is not entitled to separate remuneration or reimbursement of costs for the processing of data within the meaning of point 10.1.1 and the fulfilment of the obligations and tasks regulated in points 10.2. to 10.8.

11. Changes to our privacy policy

11.1

The website www.klickerr.com as well as the application and its services are constantly growing and being improved. This means that the data protection declaration must also be changed or updated from time to time.

11.2

General changes, such as contact details, clarifications and such which have no effect on the content of the data protection declaration, as well as changes which are necessary due to legal regulations or current jurisdiction, can be made at the discretion of Klickerr. In this case, the person concerned will only be informed about the update (for example by displaying a banner on the website or by e-mail).

11.3

In the event of changes that require the consent of the data subject, this will be obtained separately via the application, on the website or by e-mail.

12. Political correctness:

12.1

To simplify legibility, gender-specific terms (e.g. the processor, the person concerned, the controller, the user, etc.) are partly used in this data protection declaration. However, these are all to be understood as gender-neutral.

IMPRINT

A.P. Klickerr Ges.m.b.H.

Alser Strasse 13/1/9
1080 Vienna / AUSTRIA

E-Mail: office@klickerr.com
Tele: 0043 664 871 6621

CEO: Alexander Pressinger

Object of the company: Klickerr is an online platform for live video services. People from 18 countries around the world can offer their knowledge and special skills to our global community on Klickerr.
Business: Announcement company (GISA: 28471776)
Legal form: Limited liability company
Commercial register number: 447805m
Commercial register court: Handelsgericht Wien
Tax number: ATU70488448

Chamber: Austrian Economic Chambers (www.wko.at), Association for Advertising and Market Communication
WKO Firmen A-Z
Trade authority: Municipal District Office of the 8th District, Wipplingerstraße 1, 1010 Vienna
Applicable legal regulations: Gewerbeordnung (GewO), available at: https://www.ris.bka.gv.at/

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