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Privacy statement TikTok

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

1.1  Below we inform you about the handling of your personal data. Personal data is all data with which you can be personally identified. Please check carefully which personal data you share with us via TikTok. 

We expressly point out that TikTok stores the data of the users of its services (e.g. personal information, IP address, etc.) and may also use them for business purposes. For more information on TikTok's data processing, please refer to TikTok's privacy policy at: https://www.tiktok.com/legal/privacy-policy-eea?lang=en.

We have no influence on the data collection and further processing by TikTok. Furthermore, it is not apparent to us to what extent, at what location and for how long the data is stored, to what extent TikTok complies with existing deletion obligations, what evaluations and links are made with the data and to whom the data is passed on.

1.2  Data processor under the General Data Protection Regulation (GDPR):

Berlin Tourismus & Kongress GmbH

Am Karlsbad 11, 10785 Berlin

Tel.: 030/ 25 00 23 33, Fax: 030/ 25 00 24 24

E-Mail: hallo@visitBerlin.de

to the extent that we process the data you provide to us via TikTok exclusively ourselves. To the extent that the data you provide to us via TikTok is also or exclusively processed by TikTok, TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Ireland, is also the data controller within the meaning of the General Data Protection Regulation (GDPR) in addition to us.

The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.

2) Data protection officer
You can reach our data protection officer as follows: 

AMD TÜV Arbeitsmedizinische Dienste GmbH
Mr Oliver Gröger
Alboinstraße 56, 12103 Berlin

datenschutz@visitBerlin.de

You may contact TikTok's Privacy Officer via the online contact form provided by TikTok at https://www.tiktok.com/legal/report/DPO

3) Data processing

We ourselves do not store or process any of your personal information.
Please refer to TikTok’s Privacy Policy for information on which of your personal information TikTok processes and for which purposes.

We manage our own social media account and tend to the interactions therein.
Further information on these points can be found on the following TikTok support pages:

https://support.tiktok.com/en 

You can learn more about how to access your TikTok data here:
https://support.tiktok.com/en/account-and-privacy/account-information

You can learn about the various personalisation and data protection settings here (with further references):
https://support.tiktok.com/en/account-and-privacy/account-privacy-settings

You can also request information via the TikTok Data Protection Form or archive requests:
https://www.tiktok.com/legal/report/privacy?lang=en 

4) Data processing for statistical purposes by means of page insights 

TikTok provides us with so-called page insights (analytics) for our TikTok site: https://www.tiktok.com/analytics . These are aggregated data that allow us to understand how people interact with our site. Page insights may be based on personal data collected in connection with a visit to or interaction with our site and its content. Pursuant to Art. 6 para. 1 lit. f DSGVO, this serves to protect our legitimate interests in an optimized presentation of our offer and effective communication with customers and interested parties, which outweigh our interests in the context of a balancing of interests.

You can object to the processing of your data for the aforementioned purposes at any time by changing your settings for advertisements in your TikTok user account accordingly by adjusting the "personalized advertising" in the settings under "Settings and privacy". 

5) Dirico / Talkwalker
On our website, we use active page elements from Dirico, 274GRAD Labs GmbH, Universitätsstraße 3, 56070 Koblenz with your consent. Through the application of Dirico, current content published on Facebook, Instagram, Twitter and TikTok is displayed. The processing of cookies through the provision of Dirico is the sole responsibility of Dirico. More information is available here: https://dirico.io/en/imprint/.
As far as social media content from TikTok is provided via Dirico, TikTok is responsible for this content: TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Irland is the data controller for the processing of personal data collected and processed about the user from the interaction with its content. More information about how TikTok processes your personal data is available here: https://support.tiktok.com/en/account-and-privacy/account-privacy-settings.
When you enable page content provided through Dirico, your IP address is processed and cookies are stored on your device. You can find more information about data processing with cookies under Section III. No. 2. For the processing of cookies, only the data described in Section IV. No. 1.1 are exclusively responsible for the processing of cookies. You can find more information on this in the data protection guidelines linked there. If you click on the contents of the active page elements, you will be redirected to the websites of the aforementioned providers. How your personal data is processed by the aforementioned service providers is beyond our knowledge. We can only view non-personal statistics via the administration view of Dirico.
We use your personal data, in particular your IP address, your browser data and cookies, to provide the Dirico application. We include Dirico here to be able to report on Facebook, Instagram, Twitter and TikTok campaigns, and provide you with social media content and interactions just seconds after they are published. Dirico’s integration also enables real-time posting interaction with social media content directly from our website.
We also use the provider Talkwalker for these services: Talkwalker GmbH, Taunusanlage 8, 60329 Frankfurt am Main.
As far as legally required, we have obtained your consent in accordance with Art. 6 para. 1 lit. a of the GDPR for the processing of your data as described above. You can revoke your consent at any time with future effect. To exercise your right of revocation, deactivate this service in the Cookie Consent Tool provided on the website or alternatively follow the option described above to make an objection.
The service provider Dirico is based in Germany and TikTok Technology Limited. are based in the USA. The USA is a third country without an adequate level of data protection. However, the adequate level of protection for the transfer of personal data to the USA is guaranteed by an adequacy decision of the Commission in accordance with Art. 45 para. 9 of the GDPR. The adequacy decision (EU-US Privacy Shield) requires a self-certification of the US companies submitting to this decision. Facebook Inc. has submitted to this decision.
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected.

6) Rights of data subjects

6.1 The applicable data protection law grants you comprehensive data subject rights with respect to the entity responsible for processing your personal data (rights of access and intervention) about which we inform you below:

  • Right to information as per Article 15 GDPR.
  • Right to rectification as per Article 16 GDPR.
  • Right to erasure as per Article 17 GDPR.
  • Right to restriction of processing as per Article 18 GDPR.
  • Right to notification as per Article 19 GDPR.
  • Right to data portability as per Article 20 GDPR.
  • Right to withdraw consents granted as per Article 7 para. 3 GDPR.
  • Right to lodge a complaint as per Article 77 GDPR.


6.2 RIGHT TO OBJECT

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.

7) 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 in accordance with Art. 6 para. 1 lit. a of the 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 para. 1 lit. b of the 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 para. 1 lit. f of the GDPR, this data is stored until the data subject exercises his or her right to object in accordance with Art. 21 para. 1 of the 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 is for the purpose of asserting, exercising or defending legal claims. 

When processing personal data for the purpose of direct marketing on the basis of Art. 6 para. 1 lit. f of the GDPR, this data will be stored until the data subject exercises his or her right to object in accordance with Art. 21 para. 2 of the 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. 

Copyright © 2021, IT-Recht-Kanzlei, Alter Messeplatz 2, 80339 Munich, Germany Phone: +49 (0)89 / 130 1433 0 Fax: +49 (0)89 / 130 1433 - 60

Version: November 2022