We have compiled some information here relevant to those wishing to discover more about how personal data is processed within the context of performing the Smartstream.tv service: STV Product Privacy
Privacy Policy (Status: 06/03/2020)
The following data protection provisions apply to the online offer at http://www.smartstream.tv/ ("online offer" or "service(s)").
Table of Contents
- Who are we? (Responsible)
- Contact details of our data protection officer
- Revoke cookie consent
- Which personal data do we process from you?
- Who receives your personal data and why?
- When do we transfer data to countries that are not part of the European Economic Area?
- How long do we store your data?
- Log-files (browser information)
- Cookies
- Web Analysis
- Your rights (Rights of the data subject)
- Contact
1. Who we are? (Responsible)
Responsible in the sense of data protection law is SMARTSTREAM.TV GmbH, Dachauer Straße 15c, 80335 Munich, Germany, e-mail: privacy@smartstream.tv, phone: +49(0)89 200068 333, hereinafter "STV", "we" or "us".
Exceptions are explained in this privacy policy.
2. Contact details of our data protection officer
If you have any questions about this data protection declaration or in general about the processing of your data within the framework of this online offer, please contact our data protection officer:
SECUWING GmbH & Co. KG / Datenschutz Agentur
Maximilian Hartung
Frauentorstraße 9
86152 Augsburg
Germany
Email: privacy@smartstream.tv
Telefon: +49(0)821 90786450
3. Revoke cookie consent
You can withdraw your consent to the use of cookies at any time with effect for the future. To do so, simply change your selection in the "Privacy Settings".
4. Which personal data do we process from you?
General Information
Personal data is any information relating to an identified or identifiable natural person (e.g. name, address, telephone number, date of birth or e-mail address).
When we process personal data, this means that we collect, store, use, transmit to others or delete it.
In principle, you can use our online offer without providing personal data. However, the use of certain services may require the provision of personal data, e.g. registration. Mandatory information is regularly marked with an *. If you do not wish to provide us with the necessary data, you will unfortunately not be able to use the corresponding services.
What do we use your data for and on what legal basis?
We process your personal data for the following purposes and based on the legal bases mentioned. If the data processing is based on the legal basis of legitimate interest, we will also explain our legitimate interest that we are pursuing with the processing:
| No. | Purpose of Processing | The legal basis of the processing and, where relevant, a statement of the legitimate interest |
| 1. | Provision of this online offer. This includes in particular:
|
Fulfillment of the contract |
| 2. | Analysis of the offer to determine user behaviour including market research and reach measurement ("web analysis") | Legitimate interest; we have a legitimate interest in analysing the usage behaviour in our online offer to continuously improve it or to adapt it to the interests of our users. |
| 3. | Determination of malfunctions and guarantee of system security including detection and tracing of unauthorised access and attempted access to our web servers | Fulfilment of our legal obligations to comply with data security as well as legitimate interest; we have a legitimate interest in the elimination of malfunctions, the guarantee of system security and the detection and tracing of unauthorised access attempts or accesses. |
| 4. | Compliance by the legal obligation to retain data and other legal obligations (e.g. in connection with audits) | Compliance with our legal obligations, in particular with regard to the retention of certain information and in connection with audits. |
| 5. | Protection and defence of our rights | Legitimate interest; we have a legitimate interest in asserting and defending our rights. |
On request, you can obtain further information from us on the weighing of interests we have made within the context of the legal basis "legitimate interest". Please use the information in the Contact section.
Please note your right to object to the processing of data for personal reasons (see sections Your right to object on personal reasons).
5. Who receives your personal data and why?
Transfer to third parties
As a matter of principle, we will only pass on your personal data to third parties if this is necessary for the fulfilment of the contract, if we or the third party have a legitimate interest in passing on the data, if we have your consent to do so or if this is necessary to fulfil a legal obligation.
We may disclose personal data to a third party in particular
- if we should be obliged to do so based on legal requirements or by enforceable administrative or court order in individual cases;
- in connection with legal conflicts (vis-à-vis courts or our lawyers) or audits (vis-à-vis auditors);
- in connection with possible criminal offences vis-à-vis the competent investigating authorities;
- in the event of a sale of the business (to the purchaser).
Furthermore, we pass on personal data to providers of analysis tools. You can find more detailed information about these providers in our Consent Management Platform ("CMP"). You can reach them here:
Insofar as data can be regularly transferred to other third parties, this is explained in these data protection provisions. In the case of a transmission based on consent, the explanation can also be provided when consent is obtained.
Transfer of data to service providers
We reserve the right to use service providers for the collection or processing of data. Service providers will only receive personal data from us that they need for their specific activities. For example, your e-mail address may be passed on to a service provider so that they can deliver a newsletter you have ordered. Service providers may also be commissioned to provide server capacity. Service providers are usually integrated as so-called processors, who may only process the personal data of the users of this online offer according to our instructions.
To the extent that service providers are not already mentioned by name in this privacy policy, the following categories of service providers are involved:
- Hosting provider (provision of server services or hosting of the website), Germany
Furthermore, we pass on personal data to providers of analysis tools. You can find more detailed information about these providers in our Consent Management Platform ("CMP"). You can reach them here:
6. When do we transfer data to countries that are not part of the European Economic Area?
We also provide personal data to third parties or processors based in non-EEA countries. In this case, we ensure before the disclosure that the recipient either has an adequate level of data protection (e.g. based on an adequacy decision by the EU Commission for the respective country according to Art. 45 DSGVO, through self-certification of the recipient for the EU-US Privacy Shield in conjunction with the corresponding adequacy decision by the Commission according to Art. 45 DSGVO or the agreement of so-called EU standard contractual clauses of the European Commission with the recipient under Art. 46 DSGVO) or that our users have given their express consent.
These are third parties or processors in the following countries:
- USA
You can obtain from us an overview of the recipients in third countries and a copy of the concretely agreed regulations to ensure the appropriate level of data protection. Please use the information in the Contact section for this purpose.
7. How long do we store your data?
We store your data for as long as this is necessary to provide our online offer and the associated services or we have a legitimate interest in the further storage. In all other cases, we delete your personal data except those data which we must continue to keep to comply with statutory (e.g. tax or commercial law) retention periods (e.g. invoices).
Data that are subject to a retention period will be blocked until the expiry of the period.
Specifically, the following retention periods apply to the personal data processed within the scope of this online offer:
- Log files: Max. 14 days
8. Log-files (browser information)
Whenever you use the Internet, your Internet browser automatically transmits certain information and we store this information for max. days to determine malfunctions and security reasons (e.g. to clarify attempted attacks) and then delete it. Log files, whose further storage is required for evidence purposes, are excluded from deletion until the respective incident has been finally clarified and may be passed on to investigating authorities in individual cases.
The following information, in particular, is stored in the log files:
- IP address (Internet Protocol address) of the end-device from which the online offer is accessed;
- Internet address of the website from which the online offering was accessed (so-called origin or referrer URL);
- Name of the service provider via which the online service is accessed;
- Name of the files or information called up;
- date and time and duration of the access;
- amount of data transferred;
- Operating system and information on the Internet browser used, including installed add-ons (e.g. for the Flash Player); and
- HTTP status code (e.g. "request successful" or "requested file not found").
Log files are also used for web analysis.
9. Cookies
This online offer uses cookies and similar technologies (hereinafter collectively referred to as "cookies").
What are cookies?
Cookies are small text files that are sent when a website is visited and stored in the user's browser. If the corresponding website is called up again, the user's browser sends the contents of the cookies back and thus enables the user to be recognized. Certain cookies are automatically deleted at the end of the browser session (so-called session cookies), others are stored in the user's browser for a specified time or permanently and then delete themselves automatically (so-called temporary or permanent cookies).
In principle, no data that makes you identifiable as a person (e.g. no names, e-mail addresses or IP addresses) is stored in cookies. Instead, cookies typically contain a code (so-called identifier) as well as information on the storage period and, if applicable, certain technical features (e.g. security functions). However, cookies can be used to create user profiles.
How can you adjust your cookie settings or delete cookies?
Except for essential cookies (essential cookies), we only use cookies with your consent. You can grant this consent via our Consent Management Platform ("CMP") and subsequently revoke it at any time with effect for the future by configuring your privacy settings. You can reach these settings here:
Furthermore, you can delete already stored cookies in your browser at any time. Please note, however, that this online offer may not function or the only function to a limited extent without cookies.
What cookies do we use?
Essential cookies
These cookies and other information are necessary for the function of our service. They guarantee that our service is secure and functions as you want it to. Therefore they cannot be deactivated.
Functional cookies
We want to make our service as good as possible for you. Therefore we are constantly improving our services and your user experience. To do this, we would like to analyse the use of the service and evaluate it in statistical form.
10. Web Analysis
We require statistical information on the use of our online service to make it more user-friendly, to measure reach and to conduct market research.
For this purpose, we use analysis tools. The usage profiles created by the tools using functional cookies and by evaluating the log files are not combined with personal data. The tools either do not use IP addresses of users at all or shorten them immediately after collection.
As a rule, the providers of the tools process data only as processors in accordance with our instructions and not for their own purposes.
You can prevent the creation of user profiles for analysis purposes by not giving your consent to the use of functional cookies in our Consent Management Platform ("CMP") or by revoking them. You will also find further information on the providers of the tools used in the CMP. You can reach the CMP here:
11.Your rights (Rights of the data subject)
How can you assert your rights?
Please use the information in the Contact section to assert your rights. Please make sure that we can identify you. Please note that your data will initially only be blocked for use for the original purpose if deletion is contrary to legal retention periods.
Your rights of access and rectification
You may request that we confirm whether we are processing personal data relating to you and you have a right to be informed concerning your data processed by us. If your data is incorrect or incomplete, you may request that your data be corrected or completed. If we have passed on your data to third parties, we will inform them of the correction, insofar as this is required by law.
Your right of deletion
If the legal requirements are met, you can demand that we delete your personal data without delay. This is especially the case if
- your personal data are no longer needed for the purposes for which they were collected;
- the legal basis for the processing was exclusively your consent and you have revoked it;
- you have objected to the processing for advertising purposes ("advertising objection");
- you have objected to processing based on the legal basis legitimate interest on personal grounds and we cannot demonstrate that there are overriding legitimate reasons for processing;
- your personal data have been processed unlawfully; or
- Your personal data must be deleted to comply with legal requirements.
If we have passed on your data to third parties, we will inform them about the deletion, as far as this is legally required.
Please note that your right of deletion is subject to restrictions. For example, we do not have to or are not allowed to delete any data that we are required to retain by law. Data that we need to assert, exercise or defend legal claims are also excluded from your right of deletion.
Your right to limit processing
If the legal requirements are met, you may demand that we restrict processing. This is, in particular, the case if
- the accuracy of your personal data is disputed by you, and then until we have had the opportunity to verify the accuracy;
- the processing is not lawful and you request a restriction of use instead of deletion (see the previous section);
- we no longer need your data for the purposes of the processing, but you need it to assert, exercise or defend your legal rights;
- you have raised objections for personal reasons, and then until it is established whether your interests outweigh.
If there is a right to limit processing, we mark the data concerned to ensure that they are processed only within the strict limits applicable to such restricted data (in particular to defend legal claims or with your consent).
Your right to data portability
You have the right to receive in a transferable format personal data that you have given us for the fulfilment of the contract or based on your consent. In this case, you can also request that we transmit this data directly to a third party, as far as this is technically feasible.
Your right to withdraw your consent
If you have permitted us to process your data, you can revoke this permission at any time with effect for the future. The lawfulness of the processing of your data until the revocation remains unaffected.
Your right of objection for personal reasons
You have the right to object to data processing by us for reasons arising from your particular situation, insofar as this is based on the legal basis of a legitimate interest. We will then stop processing your data, unless we can - under the legal requirements - prove compelling reasons for further processing worthy of protection, which outweigh your rights, or the processing serves the assertion, exercise or defence of legal claims.
Your right of appeal to a supervisory authority
You have the right to lodge a complaint with a data protection authority. In particular, you can contact the data protection authority responsible for your place of residence or your federal state or the authority responsible for the place where the violation of data protection law took place. Alternatively, you can also contact the data protection authority responsible for us.
12. Contact
We or our data protection officer Maximilian Hartung are at your disposal for information and suggestions on the subject of data protection:
SECUWING GmbH & Co. KG, Frauentorstraße 9, 86152 Augsburg, Germany, e-mail: privacy@smartstream.tv, phone: +49(0)821 90786458
If you would like to get in touch with us, you can reach us as follows: SMARTSTREAM.TV GmbH, Dachauer Straße 15c, 80335 München, Germany, e-mail: info@smartstream.tv, phone: +49(0)89 200068 333