We take the privacy and security of your personal data very seriously. schnee von morgen WebTV GmbH (‚SVM‘) processes your data only in accordance with applicable national and European data protection legislation. You will be hereafter informed about the collection, processing and use of your personal data and your rights when visiting the website www.schneevonmorgen.com and/or using our services.
The Controller within the terms of the General Data Protection Regulation ("GDPR") and other national data protection laws of the member states as well as any other data protection provision is:
schnee von morgen webTV GmbH
Kiefholzstraße 1
12435 Berlin
Germany
Tel: +49 (30) 69205601
Email: kontakt@schneevonmorgen.com
Website: https://www.schneevonmorgen.com/
The data protection officer of SVM is:
Robert-Merlin Hocker
Kiefholzstraße 1
12435 Berlin
Germany
Tel: +49 (30) 69205601
Email: kontakt@schneevonmorgen.com
Website: https://www.schneevonmorgen.com/
1. Description and Scope of Data Processing
We process personal data of our users only to the extent necessary to provide our services. The processing of personal data of our users is only carried out where a contractual agreement for data processing is in place, where processing of the data is permitted by law or with the consent of the user.
2. Legal basis of processing
Whenever we collect the data subject’s consent to the processing of personal data, Art. 6 Para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis. Art. 6 para. 1 lit. b DSGVO serves as a legal basis for the processing of personal data required for the performance of a contract to which the data subject is a party. This also applies to processing operations that are necessary to carry out pre-contractual measures. To the extent that the processing of personal data is necessary to comply with a legal obligation, Art. 6 para. 1 lit. c GDPR serves as the legal basis. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis. If the processing is necessary to safeguard a legitimate interest of the data controller or a third party and if the interests, fundamental rights and fundamental freedoms of the data subject do not override such interests, Article 6(1)(f) GDPR serves as the legal basis for the processing.
3. Retention and Erasure of Personal Information
The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage no longer applies. Furthermore, personal data may be stored if required under applicable European or National legislation, which the Controller is subject to. Personal data shall also be blocked or deleted if the retention time prescribed by the aforementioned regulations expires, unless it is necessary for further retention of the data for the purpose of concluding or fulfilling a contract.
1. Description and Scope of Data Processing
SVM offers a service to ensure the functionality of video players. On websites that use this service (‘customer’), part of the data communication is delivered via the servers of SVM. SVM does not collect or store personal data at any time.
Since the deletion or non-processing of personal data may be regarded as “processing” within the meaning of the GDPR, please find below an overview of the personal data involved:
(1) Anonymization of the IP address in the data stream;
(2) Pseudonymization of cookies and limitation of their readability to access from the customer domain (1st party cookies).
2. Legal basis for processing
SVM processes personal data for its customers pursuant to Art.4 No.2 and Art.28 GDPR. In addition, the processing may take place on the basis of a contract pursuant to Art. 6 Para. 1 lit. b) GDPR.
3. Purpose of Data Processing
Ensure communication between browser (client) and website, including associated services, to secure correct functionality of customer website.
4. Storage and Erasure of Personal Information
SVM does not collect or store any personal data.
5. Right of Objection and Removal
If your personal data is processed, you are the data subject within the meaning of the GDPR and you are entitled to rights as specified under “V. Rights of the Data Subject” below.
If your personal data is processed, you are a data subject in the sense of GDPR and you have the following rights against SVM as the data processor:
1. Right of Access pursuant to Art. 15 GDPR
You may ask the data controller to certify whether personal data concerning you will be processed by the data controllers. In the event that such processing takes place, you may ask the data processors to provide you with the following information:
(1) the purposes of processing;
(2) the categories of personal data concerned;
(3) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
(4) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
(5) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
(6) the right to lodge a complaint with a supervisory authority;
(7) where the personal data are not collected from the data subject, any available information as to their source;
(8) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Where personal data are transferred to a third country or to an international organization, the data subject shall have the right to be informed about the appropriate safeguards pursuant to Article 44 et seq. applicable to the transfer.
2. Right to Rectification pursuant to Art. 16 GDPR
You have the right to have your personal data rectified and/or completed by the data controller if the personal data processed concerning you is inaccurate or incomplete. The data controller must carry out the rectification immediately.
3. Right to Erasure pursuant to Art. 17 GDPR
a) Right to Erasure
You may request the data processors to delete the personal data concerning you immediately and the data processor is obliged to delete this data immediately if any of the following applies:
(1) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
(2) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) GDPR, or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing;
(3) the data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects 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 pursuant to a European or national statutory provision, which the controller is subject to;
(6) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
b) Information to Third Parties
Where the controller has made the personal data public and is obliged pursuant to Art. 17 paragraph 1 GDPR to erase the personal data, the controller, taking into account available technology and implementation costs, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
c) Exceptions
The Right to Erasure shall not apply to the extent that processing is necessary:
(1) for exercising the right of freedom of expression and information;
(2) for compliance with a legal obligation resulting from European or national law to which the controller is subject, requiring the processing of data, or for the performance of a task carried out in the public interest or in the exercise of an official authority vested in the controller;
(3) for reasons of public interest in the area of public health as of points (h) and (i) of Article 9(2) GDPR as well as Article 9(3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the purposes of that processing; or
(5) for the establishment, exercise or defense of legal claims.
4. Right to Restriction of Processing pursuant to Art. 18 GDPR
You shall have the right to obtain from the controller restriction of processing where one of the following applies:
(1) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of processing instead;
(3) the controller no longer needs the personal data for the purposes of processing, but it is required by the data subject for the establishment, exercise or defense of legal claims;
(4) the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defense 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. A data subject who has obtained restriction of processing shall be informed by the controller before the restriction of processing is lifted.
5. Notification Obligation pursuant to Art. 19 GDPR
If you have exercised the right to rectify, erase or limit the processing of your personal data against the controller, the latter is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of the processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about such recipients by the data controllers.
6. Right to Data Portability pursuant to Art. 20 GDPR
You shall have the right to receive the personal data concerning you, which has been provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
(1) the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR; and
(2) the processing is carried out by automated means.
In exercising your right to data portability, you shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The right to Data Portability shall not adversely affect the rights and freedoms of others. That right to Data Portability shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. Right to Object pursuant to Art. 20 GDPR
You shall have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or the processing is necessary for the establishment, exercise or defense of legal claims.
Where personal data are processed for direct marketing purposes, you shall have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
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.
Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, you, on grounds relating your particular situation, shall have the right to object to processing of personal data concerning you, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
8. Right to Withdraw Consent pursuant to Art. 7(3) GDPR
You shall have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
9. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority the complaint has been lodged with shall inform the complainant about the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR.
10. Changes to Our Privacy Policy
Due to the dynamic development of the Internet, new technologies and possibilities are constantly developing. To enable us to offer you these possibilities and technologies, we reserve the right to change this privacy statement for the future when introducing new, additional or when changing or extending existing services or service elements.
If the change to the privacy statement only affects the use of data in a general form and/or the use of data for orders and not also the use of data within the scope of a User account, the new privacy statement shall apply from the date of its update on the Website.
A change of the privacy statement, which refers to the use of the data already collected and stored in your User account, only takes place if this is reasonable for you. If and to the extent that changes to the privacy statement relate to the use of data already collected and stored in your User account, we will notify you in good time by e-mail, on our Websites, in our apps or in another way. You have the right to object to the new privacy statement within six weeks of receiving the notification. In the event of an objection, we reserve the right to terminate the contract and delete your User account. If no objection is raised within the aforementioned period, the amended privacy statement shall be deemed accepted by you. We will inform you in the notification of your right to object and the significance of the objection period.
Version from: 10.11.2018