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Privacy statement App ABOUT BERLIN

1) Information on collecting personal data and contact details of the responsible person

1.1 We are pleased that you are using our ABOUT BERLIN application (hereinafter “app”). In this privacy statement, we wish to inform you about the handling of your personal data when using our app. Personal data in this context is all information that relates to an identified or identifiable person.

1.2 The publisher and thus the party responsible for data processing in relation to the ABOUT BERLIN app is:
Berlin Tourismus & Kongress GmbH,
Am Karlsbad 11
10785 Berlin, Germany,
Phone: 030/ 25 00 23 33 Fax: 030/ 25 00 24 24
Email: hallo@visitBerlin.de,
hereinafter referred to as “visitBerlin”.

1.3 visitBerlin has appointed a data protection officer for the ABOUT BERLIN app, who can be contacted as follows:

AMD TÜV Arbeitsmedizinische Dienste GmbH
Herr Oliver Gröger
Alboinstraße 56
12103 Berlin
 
datenschutz@visitBerlin.de

2) Use of our ABOUT BERLIN app
As part of our extensive online services, we also offer the option of downloading the ABOUT BERLIN app to your mobile phone. If you download our ABOUT BERLIN app via an app store, the data necessary for this will be transferred to the party responsible for the app store. In particular, this includes your user name, the email address and customer number associated with your account, the time of the download, payment information and the unique number of your device (IMEI). visitBerlin has no influence on the collection, processing and use of your personal data, which are necessary for the provision of the download of our ABOUT BERLIN app in the app store. The party responsible in this respect is the operator of the respective app store, who you can obtain information from directly, if required.
When using our ABOUT BERLIN app, we only collect data that your device transmits to our servers and those of the third-party providers mentioned below. When you open our app, we collect the following data which is technically necessary for us to display the app to you:

  • Our visited app
  • Date and time accessed
  • Quantity of data sent in bytes
  • Operating system used
  • IP address used (if necessary in anonymised form)
  • GPS data or other telephone-related location data (e.g. via WiFi), with express consent

visitBerlin uses this data in accordance with our legitimate interest as per Art. 6(1) lit. f GDPR in the provision and continuous improvement of our services. visitBerlin processes this data only insofar as it is necessary for the proper functionality of our ABOUT BERLIN app. If you revoke the right to use this data, it will be deleted immediately, provided that there are no legal obligations to retain it.

3) Collection of location data
We require access to your device location. When you make a request, we collect your current location via GPS in order to provide you with information about your immediate surroundings quickly. The location information is solely used for the proper operation of the app and its functions. Subsequently withdrawn or not granted authorisation may lead to incorrect app behaviour or to individual functions not being available. Data about your location will be used to process your request. Your location data is transmitted via an encrypted connection. It is anonymised after your request is completed and statistically analysed to improve our service. GPS data collected does not allow any conclusions to be drawn about your personal identity. Your location data that is collected will be kept for a period of six months.
After launching the ABOUT BERLIN app, you will be asked to actively share your location data with visitBerlin. The sharing of location data with visitBerlin can be switched off for the future at any time after the first set-up process in the settings under the visitBerlin Heat Maps Location Data menu item. After deactivating the sharing of location data with visitBerlin, no more location data will be shared with visitBerlin.

4) Making contact
Personal data is collected when you make contact with us (e.g. by contact form or email). Which data is collected when you use a contact form in the app is apparent from the contact form itself. This data is stored and used exclusively for the purpose of answering your request or for making contact, and the associated technical administration. The legal basis for the processing of data is our legitimate interest in responding to your request pursuant to Art. 6 (1) lit. f of the GDPR. If you make contact with a view to concluding a contract, the additional legal basis for processing is Art. 6 (1) lit. b of the GDPR. Your data will be deleted after the final processing of your request. This is the case if the circumstances indicate that the matter in question has been conclusively clarified and provided there are no legal obligations to retain the data.

4) Web analysis services/tools and other services/tools
4.1.1) Google Firebase
Upon consent, this app uses the Google Analytics for Firebase or Firebase Analytics service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”) for a cross-device analysis of visitor flows, which is performed via a user ID. Firebase Analytics may share data with other tools provided by Firebase such as Crash Reporting, Authentication, Remote Config or Notifications.
Within this app, Firebase is used solely to track user interaction with the app to ensure stability and improvements to interaction capabilities for future updates to the app. You can opt out of cross-device analysis of your usage in your Google customer account under My Data > Personal Data.
More information on dealing with user data in Google Analytics for Firebase/Firebase Analytics can be found in the
Google privacy statement:
https://support.google.com/analytics/answer/6004245?hl=en

4.1.2) App Center Crashes
This app uses the Software Development Kit (SDK) of App Center Crashes, a Microsoft Corporation company, One Microsoft Way, Redmond, WA 98052- 6399, USA, after consent has been given. App Center Crashes is used solely to analyse bugs in the app and for technical optimisation.
More information on the handling of user data in Google Analytics can be found in the
App Center privacy statement:
https://docs.microsoft.com/en-us/appcenter/sdk/data-collected

4.1.3) Facebook SDK
This app uses Facebook’s Software Development Kit (SDK), a tracking service provided by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA, after consent has been given. This integration helps to link various services to the app.
Facebook App Events: Via the Facebook SDK, the Facebook App Events service is used to ensure the tracking of advertising campaign reach and the use of Facebook SDK. Only an aggregated evaluation of the user behaviour of the app takes place here. Beyond this, there is no influence on information processed by Facebook via App Events.
More information on the handling of user data in Facebook SDK can be found in the
Facebook privacy statement:
https://www.facebook.com/about/privacy

4.1.4) YouTube API    
This app uses the embedding function of the YouTube API to display and play videos of the “YouTube” provider, which belongs to Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”).
The extended data protection mode is used here, which, according to the provider, only triggers the storage of user information when the video(s) is/are played. If the playback of embedded YouTube videos is started, the YouTube provider uses cookies to collect information about user behaviour. According to information from YouTube, these are used, for example, to collect video statistics, to improve user-friendliness and to prevent abusive behaviour. If you are logged in to Google, your data is directly assigned to your account when you click on a video. If you do not wish to have your data associated with your YouTube profile, you must log out before activating the button. Google stores your data (even for users who are not logged in) as user profiles and evaluates them. Such an evaluation is carried out in particular in accordance with Art. 6 (1) lit. f GDPR on the basis of Google’s legitimate interests in the insertion of personalised advertising, market research and/or needs-based design of its website. You have the right to object to the creation of these user profiles; you must contact YouTube to exercise this right. Within the scope of using YouTube, personal data may also be transmitted to the servers of Google LLC. in the USA.
Irrespective of whether the embedded videos are played or not, a connection to the Google network is established each time this website is opened, which may trigger further data processing operations without our influence.
As far as legally required, we have obtained your consent pursuant to Art. 6 (1) lit. a GDPR for the processing of your data as described above. You can revoke your consent at any time with effect for the future. To exercise your revocation, deactivate this service in the settings.
More information on the handling of user data on YouTube can be found in the
YouTube privacy statement:
https://policies.google.com/privacy

4.1.5) Mapbox
This app uses Mapbox, a mapping service provided by Mapbox Inc, 740 15th St NW, Washington, DC 20005, USA, after consent has been given. By using Mapbox’s features, information about your use of this app, including your IP address and location data, may be transmitted to Mapbox. When you access a page in the app that contains Mapbox maps, your browser establishes a direct connection with Mapbox’s servers. Mapbox transmits the map content directly to your device and integrates it into the app.
Mapbox maps are used for enabling an appealing presentation of our online services and to make it easy to find the places we indicate in the app. This constitutes a legitimate interest within the meaning of Art. 6 (1) lit. f GDPR.
More information on the handling of user data on Mapbox can be found in the
Mapbox privacy statement:
https://www.mapbox.com/legal/privacy/

4.1.6) visitBerlin heat maps (locations)
When you use our app, we collect your location data in order to provide you with information about your immediate surroundings. Your location data is transmitted via an encrypted connection and is stored anonymously after your request. We use this data for statistical analysis to continuously improve our services. The data will be stored for a period of 6 months.  
After launching the app, you will be asked to actively share your location data with visitBerlin. The sharing of location data with visitBerlin can be switched off for the future at any time after the first set-up process in the settings under the Share Location Data with visitBerlin menu item. After deactivating the sharing of location data with visitBerlin, no more location data will be shared with visitBerlin.

4.7.1) Favourites
The ABOUT BERLIN app offers you the option of saving entries as favourites. You can agree to share this data with visitBerlin as part of the set-up process for the ABOUT BERLIN app. This data is stored and analysed on our servers in anonymised form in order to understand the behaviour of our app users and to continuously improve our services. You can revoke this consent at any time in the settings under the Privacy menu item. After the “Share favourites with visitBerlin” button has been deactivated, your favourites will no longer be shared with visitBerlin.

5) Rights of data subjects
5.1 visitBerlin grants you the following rights in accordance with the applicable data protection regulations.
- Right to information pursuant to Art. 15 GDPR: You can request information from visitBerlin about whether and to what extent we process your data.
- Right to rectification pursuant to Art. 16 GDPR: If you inform visitBerlin that your data is incorrect and/or incomplete, you can demand that we correct and/or complete the data concerning you without delay.
- Right to erasure pursuant to Art. 17 GDPR: You may exercise your right to be forgotten vis-à-vis visitBerlin and demand that we erase your data immediately. Please note that this is not possible if there are legal retention periods or if the processing of your data is necessary for the assertion, exercise or defence of legal claims.
- Right to restriction of processing pursuant to Art. 18 GDPR: You have the right to question visitBerlin about the accuracy of your data and to request a restriction of data processing while we are checking your data. If the processing of your data is unlawful, you can request the restriction of processing instead of deletion. In addition, you may exercise this right should you need your data to assert, exercise or defend legal claims.
- Right to information pursuant to Art. 19 GDPR: If you have exercised one of the above-mentioned rights, you may request to be informed of this deletion, correction or restriction, as long as this does not prove to be impossible or it is associated with disproportionate effort.
- Right to data portability pursuant to Art. 20 GDPR: You may request to receive the personal data you have provided to visitBerlin in a structured, common and machine-readable format.
- Right to lodge a complaint pursuant to Art. 77 GDPR: If you are of the opinion that visitBerlin is in breach of the applicable data protection regulations, you have the right to contact the state office responsible for supervising data protection.

5.2 RIGHT OF OBJECTION pursuant to Art. 21 GDPR
IF AS PART OF THE BALANCING OF INTERESTS WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREVAILING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO SUBMIT AN OBJECTION TO SUCH PROCESSING WITH FUTURE EFFECT FOR REASONS ARISING FROM YOUR SPECIFIC SITUATION.
IF YOU MAKE USE OF YOUR RIGHT OF OBJECTION, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING GROUNDS FOR PROCESSING WORTHY OF PROTECTION WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE ASSERTION, EXERCISE OR DEFENCE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US IN ORDER TO CONDUCT DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU MAKE USE OF YOUR RIGHT TO OBJECT, WE WILL CEASE PROCESSING THE DATA IN QUESTION FOR THE PURPOSE OF DIRECT ADVERTISING.

6) Duration of storage of personal data
The duration of the storage of personal data is measured on the basis of the respective legal basis, the processing purpose and - if relevant - also on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).
When personal data is processed on the basis of express consent pursuant to Art. 6 (1) lit. a GDPR, this data is stored until the person concerned revokes his or her consent.
If there are statutory retention periods for data that is processed within the scope of legal obligations or similar obligations on the basis of Art. 6 (1) lit. b GDPR, this data will be routinely deleted after expiry of the retention periods, provided that it is no longer required for the performance of the contract or the initiation of the contract and/or there is no legitimate interest on our part in continuing to store it.
When processing personal data on the basis of Art. 6 (1) lit. f GDPR, this data is stored until the data subject exercises his or her right to object pursuant to Art. 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct marketing on the basis of Art. 6 (1) lit. f GDPR, this data will be stored until the data subject exercises his or her right to object pursuant to Art. 21 (2) GDPR.
Unless stated otherwise in the other information in this statement about specific processing situations, stored personal data will be deleted when it is no longer necessary for the purposes for which it was collected or processed

8) Adaptation or amendment of this privacy statement
This privacy statement is currently valid as of March 2021. Due to the ongoing development of our app and the addition of new services, it may become necessary to amend this privacy statement. Please make sure that you have the latest version.

Version: June 2021