Privacy
Website privacy policy and at the same time information for data subjects in accordance with Article 13 and Article 14 of the EU General Data Protection Regulation
A. General information
Details of the responsible body
Company:
CESARights GmbH
Legal representatives:
Dr. Tobias Holzmüller (Managing Director) and Ulrike Segner-Mill (Managing Director), Rosenheimer Straße 11, 81667 Munich, Germany
Address:
Rosenheimer Str. 11, 81667 Munich
E-mail address:
Contact details data protection officer:
Dr. Sebastian Kraska,
B. General data processing information
I. Legal basis for data processing
In principle, any processing of personal data is prohibited by law and is only permitted if the data processing falls under one of the following justifications:
- 6 para. 1 sentence 1 lit. a GDPR ("consent"): Where the data subject has voluntarily, in an informed and unambiguous manner, indicated by a statement or other unambiguous affirmative act that he or she consents to the processing of personal data relating to him or her for one or more specific purposes;
- 6 para. 1 sentence 1 lit. b GDPR: If the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
- 6 para. 1 sentence 1 lit. c GDPR: If processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a legal obligation to retain data);
- 6 para. 1 sentence 1 lit. d GDPR: If processing is necessary in order to protect the vital interests of the data subject or another natural person;
- 6 para. 1 sentence 1 lit. e GDPR: If the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, or
- 6 para. 1 sentence 1 lit. f GDPR ("Legitimate interests"): If the processing is necessary for the purposes of the legitimate (in particular legal or economic) interests pursued by the controller or by a third party, except where such interests are overridden by the interests or rights of the data subject (in particular where the data subject is a minor).
For the processing operations we carry out, we indicate the applicable legal basis in each case below. Processing can also be based on several legal bases.
II. Personal data concerned
Personal data is only collected via this website if you provide it to us voluntarily. Any processing of your personal data that goes beyond the scope of the statutory permissions will only take place on the basis of your express consent.
III. Data erasure and storage duration
For the processing operations we carry out, we indicate below how long we store the data and when it is deleted or blocked. The duration of data storage depends on the statutory retention obligations and is generally 10 years. If personal data is received in the context of official or judicial proceedings and may be necessary for enforcement measures of our claims, it is generally deleted after 30 years.
Unless an explicit storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for storage no longer applies. Your data will only be stored on our servers in Germany, subject to any disclosure in accordance with the regulations below.
However, data may be stored beyond the specified period in the event of an (impending) legal dispute with you or other legal proceedings or if storage is provided for by statutory provisions to which we are subject as the controller (e.g. Section 257 German Commercial Code (“HGB”), Section 147 German Fical Code (“AO”)). If the storage period prescribed by the statutory provisions expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for this. As a rule, data is stored beyond the aforementioned storage periods in the case of ongoing contractual or other business relationships.
IV. Cooperation with processors
We use external domestic service providers to process our business transactions (e.g. for IT and file storage). These service providers only act in accordance with our instructions and are contractually obliged to comply with data protection regulations in accordance with Art. 28 GDPR.
If your personal data is passed on by us to our group companies or is passed on to us by our group companies, this is done on the basis of existing order processing relationships.
V. Legal obligation to transmit certain data
We may be subject to a special statutory or legal obligation under to provide the lawfully processed personal data to third parties, in particular public authorities (Art. 6 para. 1 sentence 1 lit. c GDPR).
VI. Data security
We use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties (e.g. TSL encryption for our website), taking into account the state of the art, the implementation costs and the nature, scope, context and purpose of the processing as well as the existing risks of a data breach (including its probability and impact) for the data subject. Our security measures are continuously improved in line with technological developments.
We will be happy to provide you with further information on request. Please contact our data protection officer (see A.) or
VII. Your rights
You can assert your rights as a data subject with regard to your processed personal data at any time using the contact details provided at the beginning under A. As the data subject, you have the right to
- to request information about your data processed by us in accordance with Art. 15 GDPR. In particular, you can request information about the purposes of processing, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the origin of your data if it was not collected by us, and the existence of automated decision-making including profiling and, if applicable, meaningful information about its details;
- in accordance with Art. 16 GDPR, to immediately request the correction of incorrect data or the completion of your data stored by us;
- in accordance with Art. 17 GDPR, to demand the deletion of your data stored by us, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
- in accordance with Art. 18 GDPR, to demand the restriction of the processing of your data if the accuracy of the data is disputed by you or the processing is unlawful;
- in accordance with Art. 20 GDPR, to receive your data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transferred to another controller ("data portability");
- pursuant to Art. 21 GDPR to object to the processing if the processing is based on Art. 6 para. 1 sentence 1 lit. e or lit. f GDPR. This is particularly the case if the processing is not necessary for the performance of a contract with you. If it is not an objection to direct advertising, we ask you to explain the reasons why we should not process your data as we have done when exercising such an objection. In the event of your justified objection, we will examine the situation and either discontinue or adapt the data processing or point out to you our compelling reasons worthy of protection on the basis of which we will continue the processing;
- in accordance with Art. 7 para. 3 GDPR, to withdraw your consent once given (even before the GDPR came into force, i.e. before May 25, 2018) - i.e. your voluntary, informed and unequivocal declaration or other unambiguous confirmatory act that you consent to the processing of the personal data concerned for one or more specific purposes - at any time, if you have given such consent. The consequence of this is that we may no longer continue the data processing based on this consent in the future and
- in accordance with Art. 77 GDPR, to complain to a data protection supervisory authority about the processing of your personal data in our company, for example to the data protection supervisory authority responsible for us.
C. Visiting the website
I. Explanation of the function
Information about CESARights and the work we do is available in particular at www.cesarights.de together with the associated subpages (hereinafter jointly referred to as "websites"). When you visit our website, your personal data may be processed as follows.
II. Personal data processed
We collect, store and process the following categories of personal data when you use the website for information purposes:
"Log data": When you visit our websites, a so-called log data record (so-called server log files) is temporarily and anonymously stored on our web server. This consists of:
- the page from which the page was requested (so-called referrer URL)
- the name and URL of the requested page
- the date and time of the call
- the description of the type, language and version of the web browser used
- the IP address of the requesting computer, which is shortened so that a personal reference can no longer be established
- the amount of data transferred
- the operating system
- the message whether the call was successful (access status/Http status code)
- the GMT time zone difference
III. Purpose and legal basis of data processing
We process the personal data specified above in accordance with the provisions of the GDPR, the other relevant data protection regulations and only to the extent necessary.
The processing of log data serves statistical purposes and to improve the quality of our website, in particular the stability and security of the connection (legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR).
The processing of contact form data is carried out to process customer inquiries (legal basis is Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR), see C.
IV. Duration of data processing
Your data will only be processed for as long as is necessary to achieve the above-mentioned processing purposes; the legal bases specified in the context of the processing purposes apply accordingly.
Third parties used by us will store your data on their system for as long as is necessary in connection with the provision of the services for us in accordance with the respective order.
You can find more details on the storage period under B.III.
V. Transfer of personal data to third parties
The following categories of recipients, which are usually processors (see B.IV), may have access to your personal data:
- Service providers for the operation of our website and the processing of data stored or transmitted by the systems (e.g. for data center services, payment processing, IT security). The legal basis for the transfer is then Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR.
- Government agencies/authorities, insofar as this is necessary to fulfill a legal obligation. The legal basis for the disclosure is then Art. 6 para. 1 sentence 1 lit. c GDPR;
- Persons employed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, industry associations). The legal basis for the disclosure is then Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR.
In addition, we will only pass on your personal data to third parties if you have given your express consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR.
D. Use of the contact form
I. Explanation of the function
You can reach us and make inquiries via the contact form or our e-mail address
II. Processing of personal data
We collect personal data if you provide it to us voluntarily, for example if you contact us via the e-mail address
You can, of course, revoke your consent at any time for the future. Here you can contact us. You can also send us an e-mail or letter.
III. Purpose and legal basis of data processing
The purpose of data processing is to respond to the request received in this way in order to enter into possible contractual legal relationships and to answer questions in this regard or to protect our legitimate interests.
The legal basis for this processing can be found in Art. 6 para. 1 sentence 1 lit. f GDPR and Art. 6 para. 1 sentence 1 lit. b GDPR.
IV. Duration of data processing
Your data will only be processed for as long as is necessary to achieve the above-mentioned processing purposes; the legal bases specified in the context of the processing purposes apply accordingly.
The personal data collected by us for the use of the contact form will be automatically deleted after your inquiry has been dealt with. Should a contractual or business relationship arise from the inquiry, we refer you to the information under E.
V. Transmission to third parties
No transmission to third parties takes place in this context. Should a contractual or business relationship arise from the request, we refer to the information under E.
E. Specific information on the processing of data of service providers within the meaning of Section 2 Act on the Copyright Liability of Online Content Sharing Service Providers (“UrhDaG”)
I. Explanation
CESARights is commissioned to assert and enforce claims arising from the UrhDaG against service providers within the meaning of Section 2 UrhDaG in and out of court. All publicly accessible data or data that is communicated in connection with the enforcement of claims is recorded and stored by CESARights
II. Processing of personal data
The personal data provided or collected by CESARights for the enforcement of these claims, including the obligation to pay remuneration in accordance with Sections 4 (3), 5 (2) and Section 12 (1) UrhDaG, including name, address and account data, will be processed.
III. Purpose and legal basis of data processing
The purpose of the collection and processing is the enforcement of statutory information and remuneration claims under the UrhDaG and related laws. The legal basis for this is Art. 6 para. 1 sentence 1 lit. f GDPR: Legitimate interest in the collection of statutory information and disposal claims by commissioning the claim holders to enforce the assigned claims
IV. Duration of data processing
The duration of data storage depends on the statutory retention obligations and is generally 10 years. For the rest, we refer to B.III.
V. Transmission to third parties
The following categories of recipients, which are usually processors (see B.IV), may have access to your personal data:
- Service providers for the operation of our website and the processing of data stored or transmitted by the systems (e.g. for data center services, payment processing, IT security). The legal basis for the transfer is then Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR.
- Government agencies/authorities, insofar as this is necessary to fulfill a legal obligation. The legal basis for the disclosure is then Art. 6 para. 1 sentence 1 lit. c GDPR;
- Persons employed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, industry associations). The legal basis for the disclosure is then Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR.
In addition, we will only pass on your personal data to third parties if you have given your express consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR.
Data will not be transferred to recipients outside the European Economic Area.