INFORMATION ON DATA PROTECTION
for TheCircle, a brand of the Stream Live Limited
I. THE CONTROLLER FOR DATA PROCESSING
Stream Live Limited
6 Central Avenue
St. Andrews Business Park
Thorpe St. Andrew, Norwich
Tel: +44 (0)20 7998 1120
Fax: +44 (0)20 7998 1159
Contact details of the data protection officer: firstname.lastname@example.org
“Personal data” is any information concerning an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, men-tal, economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisa-tion, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmis-sion, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Restriction of processing” means the marking of stored personal data with the aim of limiting their processing in the future.
“Profiling” means any form of automated processing of personal data consisting of the use of per-sonal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
“Pseudonymisation” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisa-tional measures to ensure that the personal data are not attributed to an identified or identifiable natu-ral person.
“File system” means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;
“Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the con-troller or the specific criteria for his nomination may be provided for by Union or Member State law.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
“Recipient” means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may re-ceive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients. The processing of this data by those public authorities shall be in compliance with the applicable data protection rules and in accordance with the purposes of the processing.
“Third party” means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or proces-sor, are authorised to process personal data.
“Consent” of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signi-fies agreement to the processing of personal data relating to him or her.
III. PROCESSING PROCEDURES
We gather and process the following personal data relating to you and provided to us by you:
IV. PURPOSES OF THE PROCESSING
We process your data for the following reasons:
V. LEGAL BASIS FOR THE PROCESSING
Your data is processed based on the following legal framework:
If the processing of your personal data is based on our legitimate interests within the meaning of Article 6 (1) (f) of the GDPR, those interests may include
VI. DATA SOURCES
We get the data from you (including through the devices you use). If we do not collect the personal data directly from you, we shall inform you separately of the source from which the personal data originates and, if applicable, whether it came from publicly accessible sources.
VII. TRANSMISSION / CATEGORIES OF RECIPIENTS
When processing your data, we work with the following service providers, which have access to your data:
The use of web analysis tools may lead to data being transmitted to third countries outside the Euro-pean Union. If this happens, transmission will take place on the basis of legally envisaged contractual regulations which are meant to ensure adequate protection of your data and which you can view on request.
VIII. DURATION OF STORAGE
We shall store your personal data only for as long as it is necessary for attainment of the processing purpose, or if the storage is based on a legal retention obligation.
We store your data,
Application data for a job as Reader shall be deleted automatically after six months, provided no con-tract has been concluded.
IX. YOUR RIGHTS
You have the right, partly under certain preconditions,
X. CONTACT FORM & E-MAIL CONTACT
There is a contact form on our website which can be used for making contact electronically. If a user chooses this option, the data entered into the input mask is transmitted to us and stored here, provid-ed we do not already have this data (because you are logged on to your account). Alternatively, it is possible to make contact using the e-mail address provided. In this case, the user’s personal data that is transmitted together with the e-mail is stored.
You can voluntarily open an account on our website by providing the necessary personal data. In this process, data provided by you during registration will be transmitted to us and stored by us, subject to revocation by you. The user can temporarily or permanently close his user account at any time. To do this, the user can simply send a text message (e-mail or letter) stating clearly his intention to close the account. We expressly reserve the right to verify such requests, as well as other customer requests, with regard to their legitimacy, in order to prevent unauthorised use by third parties.
You can hold consultations with external consultants through our website, using telephone, e-mail, SMS or chat service. All information you exchange with the consultant during the conversation is vol-untary and shall remain confidential. Third parties will not listen in on your conversation.
Consultations by telephone will take place via a device connecting the external consultant and the customer. In this process, no personal data will be transmitted to the parties except the customer number. We shall record the conversations, if we are obliged to do so by law. The conversations will be deleted upon expiry of the statutory retention period.
You can rate the consultations using the evaluation function on our website, in order to give the con-sultants valuable feedback and to make it easy for other customers to select the right consultants. This is done by giving a rating of 1 to 5 stars via the telephone menu directly after the conversation, or via the website by giving a rating of 1 to 5 stars as well as a text reflecting your experience with the respective consultant.
The text evaluations together with the stars awarded will be visible on the public profile of the consult-ant and the HTML site-map, whereby the latest ratings will appear on top of the list. Users will be able to see the heading and text of the rating, the number of stars, the customer’s user name, whether it was a chat or telephone conversation, and the date and rating given.
XIV. DATA PROTECTION
We have taken extensive technical and organisational measures to protect your data against possible threats such as unauthorised access or unauthorised perusal, modification or distribution, as well as against loss, damage or misuse.
To protect personal data from access by unauthorised third parties during transmission, we safeguard the data transmissions using SSL-encryption, where possible. This is a standardised encryption pro-cedure for online services, particularly for the web.
XV. LOG FILES
Usage data is transmitted via the respective Internet browser every time you access our website, and this data is stored in log files, so-called server log files. The data records which are stored in the pro-cess contain the following data: The domain from which the user accesses the website; date and time of the request; IP address of the requesting computer, website(s) which the user visits within the con-text of the services offered; data volume transmitted; browser type and version, operating system used, name of the Internet service provider; message indicating whether the request was successful. These log file records are evaluated in an anonymous form in order to improve the service and make it more user-friendly, as well as to find and rectify errors and to control the utilised capacity of servers.
We distinguish between the following types of cookies:
First-Party Cookies: First-party cookies are transmitted by the platform just visited.
Third-Party Cookies: Third-party cookies are cookies transmitted by a platform/website other than the one visited by the user. If a user accesses a website and another entity transmits a cookie through this website, this will be considered a third-party cookie.
Absolutely necessary cookies: These cookies are necessary for you to be able to navigate through the website and use its functions, e.g. to access secure sections of the website. Without these cook-ies, certain services cannot be provided, e.g. display of content tailored to your computer or device.
Performance cookies: These cookies generate information regarding the use of the website by the visitors, e.g. which web pages are requested more frequently and whether users get error messages from these web pages. However, these cookies do not gather any information relating to the identity of the visitor. All information collected by these cookies is amalgamated and is therefore anonymous. It is used only to optimise the website.
Functionality cookies: These cookies enable the website to store decisions made by you (e.g. lan-guage settings and your region), and to offer you improved and personalised functions. They can also be used to store your settings with regard to font size, fonts and other individualised parts of the web-site. They can also be used to provide services requested by you, e.g. to show a video or to use the comment function of a blog. Information collected by these cookies can be anonymised. Your surfing activities cannot be tracked on other platforms.
Social media cookies: These cookies are used when you click on a button on the website for pur-poses of sharing information on social media. The social network will record this action and can use it for marketing or advertising purposes.
XVII. EXTERNAL TOOLS, PARTNERS AND SERVICES
GOOGLE TAG MANAGER
This website uses the Google Tag Manager. This service allows website tags to be managed through an interface. Google Tool Manager only implements tags. This means that no cookies are used and no personal information is collected. Google Tool Manager triggers other tags, which in turn may collect data. However, the Google Tag Manager does not access this data. If a deactivation has been made at the domain or cookie level, it remains valid for all tracking tags if they are implemented with the Google Tag Manager.
To continuously improve our offer, we use the service „unbounce“ of the Canadian company unbounce Marketing Solutions Inc., 400-401 West Georgia Street, Vancouver, BC, Canada, V6B 5A1. For advertising campaigns, individual pages ("landing pages") might be hosted by unbounce. The user's browser communicates directly with unbounce so that the IP address is transmitted and cookies can be set. All information entered by the user on these pages is also stored anonymously by unbounce. We receive a statistical evaluation of the activities of the users on our platforms. The information sent to us is anonymous, so that we cannot establish a personal reference.
Further information on unbounce and data protection at unbounce can be found at: http://unbounce.com/privacy/.
FACEBOOK CUSTOM AUDIENCES
This website uses the Facebook Pixel and the "Custom Audiences" function of Facebook Ireland Lim-ited, 4 Grand Canal Square, Dublin 2, Ireland (hereinafter referred to as: “Facebook”). This function serves the purpose of presenting visitors to this website with advertisements ("Facebook-Ads") based on their interests, within the framework of their visit to the social network provider Facebook. Further-more, the function also makes it possible to display individualised advertising banners in the social network provider Facebook, which can contain products previously viewed by the user on the website of TheCircle (remarketing).
GOOGLE ADWORDS TRACKING
TheCircle Ltd GmbH uses the Conversion-Tracking system of Google Ireland Limited (Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland), being the latter’s advertising customer (“Google Adwords customer”), for purposes of marketing performance measurement. For this pur-pose, a Google Adwords pixel is integrated on each of the registration pages of TheCircle, and this pixel transmits the registration event to Google without any details of the customer concerned – be-sides the common technical features of every website visit (e.g. browser, IP-address). For purposes of recognition and assignment of the users, a cookie will be installed by Google, provided you ac-cessed the website through a Google advert. These cookies will lose their validity after 30 days. Each AdWords user receives a different Cookie. Cookies cannot therefore be tracked via the websites of AdWords users. For further information on data protection at Google, visit https://www.google.com/policies. Besides, users can also deactivate or revoke Google adverts as a whole or in parts at https://privacy.google.com/?hl=de#google-experience (execute Opt-Out).
You can find more information and possibilities concerning the deactivation of this ad placement at https://adssettings.google.com/u/0/authenticated (go to “Ad settings” link, then “Deactivation”).
MICROSOFT BING ADS
In addition, our websites use Conversion Tracking and the Universal Event Tracking from Mi-crosoft (Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA). For this purpose, tracking pixels from Microsoft are integrated on the order confirmation page and on other selected pages of this web shop. When the user visits these web pages, the usual technical infor-mation (such as the operating system, browser used, IP-address) as well as information about the user’s surfing behaviour (e.g. products viewed), is transmitted to Microsoft and stored there. If an order is made, only data without any references to the person, such as the order number, item num-ber and the order value, is transmitted to Microsoft. This information helps evaluate and optimise TheCircle’s advertisements in connection with Microsoft Bing ads programme.
For purposes of recognition and assignment of the users, so-called cookies are used, provided you accessed our website through a Microsoft Bing advert. We together with Microsoft Bing can know that someone clicked on an advert and was forwarded to our website. No personal information regarding the identity of the user is disclosed. If you do not wish to take part in the tracking process, you can also reject the placement of a Cookie required for this, through the browser settings, which generally deactivates the automatic installation of cookies. You can find more information about data protection and the installed cookies, as well as the possibility of revocation at Microsoft Bing, on Microsoft’s website: https://privacy.microsoft.com/en-US/privacystatement
Emarsys eMarketing Systems AG (Stralauer Platz 34, 10243 Berlin, Germany; www.emarsys.com/de) is also used in the technical processing of newsletter mailings and is an Austrian enterprise with head-quarters in Berlin, which provides the software and infrastructure for sending consent-based electronic messages. Emarsys is aware of its obligation towards recipients of such messages and has a zero-tolerance policy for spam.
Furthermore, Emarsys offers various possibilities of analysing how the despatched newsletters are opened and used, e.g. to how many users an e-mail was sent, whether the e-mails were rejected, and whether the users unsubscribed after receiving the e-mail. These analyses are, however, only group-related and we do not use them to rate individuals.
If you don’t wish to continue receiving our newsletter, you can unsubscribe at any time by clicking on the relevant link contained in every mailing.
For further information on data protection at Emarsys, visit https://www.emarsys.com/en/privacy-policy/.
We use Hotjar, an essentially tracking-code-based web analysis tool of Hotjar Ltd., Level 2, St Julians Business Centre, 3, Elia Zammit Street, St Julians STJ 1000, Malta. Hotjar helps us to record in an anonymised manner interactions of randomly selected individual visitors to our website. In this way, a record of mouse movements, for example, and clicks is created with the aim of finding ways to im-prove our web content. In addition, Hotjar helps us to evaluate information regarding the operating system, browser, incoming and outgoing referrals (links), geographical origin as well as resolution and the type of terminal accessing our website, for statistical purposes. At the same time, we use Hotjar to allow anonymous user feedback using the so-called “Feedback Pools”. The information collected is not personal; it is stored by Hotjar Ltd. and not shared with third parties. If you do not wish to have website analysis done using Hotjar, you can deactivate this function on all websites which use Hotjar by inserting a DoNotTrack-Header in your browser (opt-out): https://www.hotjar.com/opt-out. You can get supplementary information on the functions and data use in connection with Hotjar at: https://www.hotjar.com/privacy.
Our website uses Pingdom, a service of the Pingdom AB Company, Kopparbergsvägen 8, 72213 Västeras, Sweden. Pingdom uses, among other things, cookies which are stored on your computer and enable us to analyse how our website is used. In connection with this usage, data such as the IP-address in particular and other data tracking the activities of users is transmitted to a Pingdom AB server and stored there. You can prevent the collection and sharing of your personal data (particularly your IP-address), as well as the processing of this data, by deactivating the running of Java-Script in your browser or by installing a tool like “NoScript”. You can access further information on data protec-tion in connection with the use of Pingdom under the following link: https://www.pingdom.com/legal/privacy-policy.
This website uses SnapEngage, a Live-Chat-service of SnapEngage, LLC (hereinafter referred to as: “Snapengage”). SnapEngage uses so-called cookies; these are text files which are stored on your computer and enable an analysis of your use of our website. The information generated (including your truncated IP-address), is sent to a server of SnapEngage in the USA and stored there, in order to evaluate your use of the Chats and to provide us with reports (e.g. about the average length of a Chat). SnapEngage will transmit this information to third parties if necessary, provided that this is legally stipulated or as long as third parties shall process this data on behalf of SnapEngage. SnapEn-gage will on no account merge your truncated IP-address with other data from SnapEngage. You can prevent the installation of the cookies by changing the settings in your browser software. We would like to point out, however, that in this case you may be unable to use all of the functions of our web-site fully. By using this website you otherwise agree to the processing of the data collected about you by SnapEngage in the way described above and for the purpose mentioned above. You can get more information via the following link: https://snapengage.com/gdpr-compliant-live-chat/.
We use the services of Adjust, an App analysis service, for analysing the App usage (adjust GmbH, Saarbrücker Str. 38a, 10405 Berlin, Germany). The Adjust service has been tested and certified ac-cording to ePrivacyseal (European Seal for your Privacy) – see http://www.eprivacy.eu/vergebene-siegel/). Adjust uses the IP and Mac-addresses of the UserApp-users, but these are used exclusively in an anonymised form. It is therefore not possible to trace this data back to a natural person. The information collected through the use of Adjust is used merely to analyse the function and use of the App by creating anonymous evaluations and graphics of the number of visits, number of web pages accessed per user, etc. The analyses are used exclusively for personal market research as well as for the optimisation and a needs-oriented design of the App.
Possibility of revocation: You can stop any tracking associated with the App in future by selecting the “Data protection” item on the menu and adjusting the sliding switch accordingly (“Turn off Tracking”).
We are working together with Easy Marketing GmbH (Asselner Hellweg 124, 44319 Dortmund, Ger-many, hereinafter referred to as: “EASY Marketing”) on the implementation of an Affiliate Partner Programme. For this purpose, a Cookie is installed on the website by Easy Marketing. The contents of the Cookie are a 24-digit, alphanumeric, clear ID. Through this ID, the session of the respective user can be retrieved through the internal database. This session contains click-data (Campaign ID, Adver-tising material ID, Publisher project ID) as well as the user agent, the hashed IP (SHA512), all GET-parameters on the click-tracking link, and the time stamp. The respective session is complemented as soon as another tracking-relevant click is executed (publisher click or etms click). If you do not want this to happen, you can state your objection here: http://www.eadev.de/content-optout.do.
VISUAL WEBSITE OPTIMISER
This website further uses the Visual Website Optimiser, a web analysis service of Wingify, Inc. (here-inafter referred to as: “VWO”). This is a web analysis service of Wingify, 14th Floor, KLJ Tower North, Netaji Subhash Place, Pitam Pura, Delhi 110034, India. VWO tests the user-friendliness of certain web pages. In this process, measurements relating to user behaviour are anonymously collected. We have no possibility of assigning these anonymous measurements to your person – say through the assignment of your IP-address or in other ways. To get meaningful test results, so-called cookies are also used, i.e. the programme uses the function designated by your browser to temporari-ly store information in the interim and retrieve it later. As long as the cookies do not already get delet-ed at the end of the session, they will be available for a maximum of 100 days (you can get more details here: https://vwo.com/knowledge/cookies-used-by-vwo/). You can delete the cookies in your browser at any time.
Furthermore you may withdraw from participation in the tests altogether through the following link: https://vwo.com/opt-out/.
You can find further information on data protection here: https://vwo.com/terms-conditions/.
We do not process the data in question, nor do we share it with third parties. By using the AddThis Plugin, you agree to the processing of your data by AddThis.
We use the service provider YouTube for the integration of videos, among other things, in our web-site. YouTube is operated by YouTube LLC with headquarters in 901 Cherry Avenue, San Bruno, CA 94066, USA. YouTube is represented by Google Ireland Limited with headquarters in Gordon House, Barrow Street, Dublin 4, Ireland.
If you visit pages of our website equipped with a Plugin – for example, our media library – a connec-tion is established with the YouTube servers, and the Plugin is displayed in the process. Through this, a message will be sent to the YouTube server indicating which of our websites you visited. If you are logged onto YouTube as a member, YouTube will assign this information to your personal user ac-count. If the Plugin is used, e.g. when the start button of a video is clicked, this information will also be assigned to your user account. You can prevent this assignment by logging out of your YouTube user account as well as other user accounts belonging to YouTube LLC and Google Ireland Ltd. and deleting the relevant cookies of those providers before using our website.
You can find further information on data processing and data protection by YouTube (Google) at www.google.de/intl/de/policies/privacy/.
FACEBOOK VISITOR ACTION PIXEL
With your consent, we use the “visitor action pixel” from Facebook Inc. within our websites. With the help of these pixels, we can track the actions of users after they have seen or clicked on an advert. This will enable us to gauge the effectiveness of adverts on the mentioned platforms for market re-search purposes. The data collected in this way is anonymous to us; that is, we do not see the per-sonal data of individual users. This data is, however, stored and processed by the respective platform providers – something we shall inform you of to the best of our knowledge. For more information, we refer you to the respective privacy policies: https://www.facebook.com/about/privacy/.
Plugins of the social network provider, Facebook, are integrated on our website. The provider is Face-book Inc., 1 Hacker Way, Menlo Park, California 94025, USA. You can recognise the Facebook Plugins by the Facebook logo or the “Like” button on our web page. You can find an overview of the Facebook Plugins here: http://developers.facebook.com/docs/plugins/.
FACEBOOK CONNECT (SOCIAL NETWORK CONNECT)
This website uses Dynatrace User Experience Management (UEM), a service of Dynatrace LLC. The information generated by the Cookie about your use of this website is locally stored in our company. Dynatrace will on no account reprocess the collected personal data; the use of the data is incumbent upon the operator of this website. You can prevent the storage of your data through the relevant set-tings of your browser software. We would like to point out, however, that in this case you may not be able to use all of the functions of this website fully. You can find further information at https://www.dynatrace.com/company/terms-and-conditions/privacy/.
Furthermore, we use the services of the Applift enterprise, Rosenstraße 17, 10178 Berlin, Germany, for our Apps. This service provider also uses merely pseudonymous data to improve our web content. If you would like to revoke the data processing consent, you can do it through https://www.applift.com/contact.
This website uses the web analysis service with Bid-Management of intelliAd Media GmbH, Sendlinger Str. 7, 80331 Munich, Germany. For the needs-based design and optimisation of this website, anon-ymised use data is collected and stored in aggregated form; at the same time, use profiles are creat-ed from this data by the use of pseudonyms. When the intelliAd tracking process is used, cookies will be stored locally.
Anonymised user data and profiles can be used by both the website operator and other customers of intelliAd to identify user interests without the possibility of any inference being made about your identi-ty as a website user. You have the right to revoke the storage of your (anonymously collected) user data also for the future. For this, use the intelliAd Opt-Out function: https://login.intelliad.com/optout.php?locale=en.
To send push-messages in Android and iOS Apps we use the Braze service, a programme made by Braze Inc. NYC, 318 West 39th Street, 5th Floor, New York, NY 10018, USA. Braze stores data un-der an anonymised ID concerning the use of the App, but it does not store any personal data. For more information regarding compliance with data protection by Braze, please visit: https://www.braze.com/privacy.
We use the “Firebase” tool in our App. This is a real-time database which we use for real-time data exchange and storage in our App, with the aim of improving and further developing the App. In the process, user data is transmitted in an anonymised form to Firebase. Firebase is a subsidiary of Google and has its headquarters in San Francisco (CA), USA.
You can object to the collection and storage of your data by Mixpanel any time through the following link: https://mixpanel.com/optout. Furthermore, you can object to the collection of data for these pur-poses by deactivating cookies in your browser or device settings (cf. section XVI. Cookies) in this regard.
You can find more detailed information about Mixpanel and the data guidelines of Mixpanel here https://mixpanel.com/legal/privacy-policy/.
NATIVE GOOGLE & APPLE STORE
As long as you download our App, the necessary information is transmitted to the respective App store. These include in particular user name, e-mail address, time of download and the individual de-vice code. However, we do not have any influence on this data collection, since this is initiated from the respective App Store operator. We process the data provided to us for as long as this is neces-sary for downloading the App onto your mobile device (e.g. Smartphone or tablet). This data is not stored with us. In this connection, please also pay attention to the data protection information of the App store operator:
Payments are processed through our partner Adyen BV, Simon Carmiggelstraat 6 – 50, 1011 DJ Am-sterdam, Netherlands (hereinafter referred to as: “Adyen”). We shall transmit your IP address to Adyen for purposes of preventing and exposing fraud cases. Your IP address will then be stored by Adyen during the process of storing the credit card as well as during the online prepayment proce-dure. All data is stored in encrypted form.