(The German version of these Terms shall be decisive.)
Thank you for your interest in our company. Data protection has a particularly high priority for the management of shoutr labs UG (limited liability). A use of the contents of shoutr.CMS is basically possible without any indication of personal data. However, if a person concerned wishes to make use of special services of our company regarding the content of shoutr.CMS, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
The processing of personal data, such as the name, address, e-mail address or telephone number of a person concerned, is always carried out in accordance with the Basic Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to shoutr labs UG (limited liability). By means of this data protection declaration, our company wishes to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, this data protection declaration informs the persons concerned about their rights.
shoutr labs UG (limited liability) as the data controller has implemented numerous technical and organisational measures to ensure the most complete possible protection of personal data processed via the content of shoutr.CMS. Nevertheless, Internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as telephone.
The data protection declaration of shoutr labs UG (limited liability) is based on the terms used by the European Directive and Ordinance Giver in the adoption of the Data Protection Basic Regulation (DS-GVO). Our data protection declaration should be easy to read and understand both for the public and for our customers and business partners. In order to guarantee this, we would like to explain the terms used in advance.
We use the following terms in this data protection declaration:
Personal data means any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person shall be considered identifiable if he 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 one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing means any operation or set of operations which is carried out with or without the aid of automated processes and which relates to personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, erasure or destruction.
Limitation of processing is the marking of stored personal data with the aim of limiting their future processing.
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movement of that natural person.
Pseudonymisation means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.
The controller or data controller is 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 laid down by Union law or by the law of the Member States, the controller or controllers may be designated in accordance with Union law or with the law of the Member States on the basis of specific criteria.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the course of a specific investigation task under Union law or the law of the Member States shall not be considered as recipients.
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or processor.
Consent shall mean any voluntary, informed and unambiguous expression by the data subject of his or her will in the particular case, in the form of a statement or other unequivocal confirmatory act, indicating that he or she consents to the processing of his or her personal data.
The person responsible within the meaning of the Basic Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is shoutr labs UG (limited liability):
shoutr labs UG (limited liability)
The data protection officer of the data controller is:
Mr. Benjamin Werner
shoutr labs UG (limited liability)
Any person concerned can contact our data protection officer directly at any time with any questions or suggestions regarding data protection.
If the person concerned deactivates the setting of cookies, not all functions of the shoutr.CMS content may be fully usable under certain circumstances.
The contents of shoutr.CMS capture a series of general data and information with each call by an affected person or an automated system. These general data and information are stored in the log files of the server. The (1) browser types and versions used can be recorded, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses shoutr.CMS content (so-called referrer), (4) the sub-sites which are controlled via an accessing system to shoutr.CMS content.CMS, (5) the date and time of access to the contents of shoutr.CMS, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using this general data and information, shoutr labs UG (limited liability) does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the contents of shoutr.CMS, (2) guarantee the long-term functionality of our information technology systems and the technology of shoutr.CMS, and (3) provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by shoutr labs UG (limited liability) both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by the person concerned.
The data controller processes and stores personal data of the data subject only for the period of time necessary to achieve the storage purpose or insofar as this has been provided for by the European directive and regulation giver or another legislator in laws or regulations to which the data controller is subject.
If the storage purpose no longer applies or if a storage period prescribed by the European directive and regulation giver or another competent legislator expires, the personal data shall be blocked or deleted routinely and in accordance with the statutory provisions.
Any data subject shall have the right, granted by the European directive and regulation legislator, to obtain from the controller confirmation as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.
Any data subject involved in the processing of personal data has the right, granted by the European directive and regulation maker, to obtain at any time, free of charge, from the controller, information on the personal data relating to him which have been stored and a copy of that information. Furthermore, the European Data Protection Supervisor has granted the data subject access to the following information:
The data subject shall also have a right of access to information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact a member of staff of the controller.
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation, to obtain the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right, having regard to the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact a member of staff of the controller.
Any person data subject to the processing of personal data shall have the right, granted by the European directive and regulation, to obtain from the controller the erasure without delay of the personal data concerning him or her, if one of the following reasons applies and if the processing is not necessary:
If one of the aforementioned reasons applies and a person concerned wishes to have personal data stored by shoutr labs UG (limited liability) deleted, he can contact an employee of the data controller at any time. The employee of shoutr labs UG (limited liability) will ensure that the request for deletion is complied with immediately.
If the personal data has been made public by shoutr labs UG (limited liability) and if our company is responsible according to Art. 17 Abs. 1 DS-GVO, shoutr labs UG (limited liability), taking into account the available technology and implementation costs, shall take appropriate measures, including technical measures, to inform other persons responsible for data processing who process the published personal data that the data subject has requested the deletion of all links to this personal data or copies or replications of this personal data from these other persons responsible for data processing, insofar as the processing is not necessary. The employee of shoutr labs UG (limited liability) will take the necessary steps in individual cases.
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation, to request the controller to limit the processing if one of the following conditions is met:
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored at shoutr labs UG (limited liability), he or she can contact an employee of the data controller at any time. The employee of shoutr labs UG (limited liability) will arrange for the processing to be restricted.
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation, to obtain the personal data concerning him or her provided by the data subject to a controller in a structured, common and machine-readable format. It also has the right to communicate these data to another controller without being hindered by the controller to whom the personal data have been provided, provided that the processing is based on the consent pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO or on a contract pursuant to Art. 6 para. 1 letter b DS-GVO and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task in the public interest or in the exercise of official authority entrusted to the controller.
Furthermore, when exercising his right to data transferability pursuant to Art. 20 para. 1 DS-GVO, the data subject shall have the right to obtain that the personal data be transferred directly from one responsible party to another responsible party, insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons.
In order to assert the right to data transfer, the person concerned may at any time contact an employee of shoutr labs UG (limited liability).
Any person concerned by the processing of personal data has the right granted by the European directive and regulation to object at any time, for reasons related to his/her particular situation, to the processing of personal data concerning him/her on the basis of Article 6(1)(e) or (f) of the DS Block Exemption Regulation. This also applies to profiling based on these provisions.
shoutr labs UG (limited liability) will no longer process personal data in the event of an objection, unless we can prove compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If shoutr labs UG (limited liability) processes personal data in order to conduct direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This shall also apply to profiling in so far as it is connected with such direct advertising. If the data subject objects to the processing for direct advertising purposes by shoutr labs UG (limited liability), shoutr labs UG (limited liability) will no longer process the personal data for these purposes.
In addition, the data subject has the right to object to the processing of personal data concerning him/her by shoutr labs UG (limited liability) for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DS-GVO for reasons arising from his particular situation, unless such processing is necessary for the performance of a task in the public interest.
In order to exercise the right to object, the data subject may directly contact any employee of shoutr labs UG (limited liability) or another employee. The data subject is also free to exercise his or her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures in which technical specifications are used.
Any person data subject to the processing of personal data has the right under the European Directive and Regulation not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon him or her or significantly affects him or her in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller or (2) is authorised by Union or national law or by the Member States to which the data controller is subject and which provides for adequate measures to safeguard the rights and freedoms and the legitimate interests of the data subject or (3) is taken with the express consent of the data subject.
Where the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data controller or (2) is taken with the express consent of the data subject, shoutr labs UG (limited liability) shall take appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, including at least the right to have the data controller intervene, to present his or her point of view and to contest the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time do so by contacting an employee of the controller.
Any person concerned by the processing of personal data has the right granted by the European directive and regulation to revoke consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may at any time do so by contacting an employee of the controller.
The person responsible for processing has integrated a web analysis service into the content of shoutr.CMS. Web analysis is the collection, collection and evaluation of data on the behaviour of visitors to websites and web content such as shoutr.CMS content. A web analysis service collects data on, among other things, from which website a person concerned came to a website (so-called referrers), which subpages of the website were accessed or how often and for how long a subpage was viewed. A web analysis is mainly used to optimise a website and to analyse the costs and benefits of Internet advertising.
The operating company of the web analysis service used is shoutr labs UG (limited liability).
The data controller uses the Matomo software for the web analysis, which shortens and anonymizes the IP address of the person’s Internet connection.
The purpose of the web analysis service is the analysis of visitor flows on content of shoutr.CMS. We use the data and information obtained, among other things, to evaluate the use of shoutr.CMS content, to compile online reports for us showing the activities on shoutr.CMS content, and to provide other services connected with the use of shoutr.CMS content.
The web analysis service used sets a cookie on the information technology system of the person concerned. What cookies are has already been explained above. When the cookie is set, we are able to analyse the use of the contents of shoutr.CMS. Each time one of the individual pages of shoutr.CMS content is called up, which is operated by the person responsible for processing and on which the web analysis service has been integrated, the app or the Internet browser on the information technology system of the person concerned is automatically prompted to transmit data to our web analysis service for the purpose of online analysis. As part of this technical process, we gain knowledge of personal data such as the IP address of the person concerned, which we use, among other things, to track the origin of visitors and clicks and subsequently to enable us to bill commissions.
The cookies are used to store personal information, such as the access time, the location from which an access originated and the frequency of visits to the shoutr.CMS content by the person concerned. Each time the shoutr.CMS content is visited, this personal data, including the IP address of the Internet connection used by the person concerned, is transferred to the web analysis service used by us. This personal data is stored by us.
The person concerned can prevent the setting of cookies by the contents of shoutr.CMS, as already described above, at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent the web analysis service used from setting a cookie on the information technology system of the person concerned. In addition, a cookie already set by the web analysis service used can be deleted at any time via the Internet browser or other software programs.
The controller has integrated on some content of shoutr.CMS components of YouTube. YouTube is an Internet video portal that allows video publishers to post video clips and other users to view, rate and comment on them free of charge. YouTube permits the publication of all kinds of videos, which is why complete film and television programmes, but also music videos, trailers or videos made by users themselves can be called up via the Internet portal.
YouTube is operated by YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
Each time one of the individual pages of shoutr.CMS content is accessed, which is operated by the data controller and on which a YouTube component (YouTube video) has been integrated, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. Further information on YouTube can be found at https://www.youtube.com/yt/about/de/ . As part of this technical process, YouTube and Google are informed which specific subpage of the shoutr.CMS content is visited by the person concerned.
If the person concerned is logged in to YouTube at the same time, YouTube recognizes which specific subpage of the shoutr.CMS content the person concerned is visiting by calling up a subpage containing a YouTube video. This information is collected by YouTube and Google and assigned to the respective YouTube account of the person concerned.
YouTube and Google always receive information via the YouTube component that the person concerned has visited shoutr.CMS content if the person concerned is logged into YouTube at the same time as accessing shoutr.CMS content; this takes place regardless of whether the person concerned clicks on a YouTube video or not. If such transmission of this information to YouTube and Google is not intended by the person concerned, he/she can prevent the transmission by logging out of his/her YouTube account before accessing the shoutr.CMS content.
The data protection provisions published by YouTube, which can be accessed at https://www.google.de/intl/de/policies/privacy/, provide information on the collection, processing and use of personal data by YouTube and Google.
Art. 6 I lit. a DS-GVO serves our company as a legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the person concerned is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of inquiries regarding our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were injured and his name, age, health insurance details or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO.
Ultimately, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not predominate. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the data controller (recital 47 sentence 2 DS-GVO).
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the conduct of our business for the benefit of all our employees and shareholders.
The criterion for the duration of the storage of personal data is the respective legal retention period. After this period has expired, the relevant data is routinely deleted unless it is no longer required for the performance or initiation of the contract.
We will inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may result from contractual provisions (e.g. information on the contractual partner).
It may sometimes be necessary for a contract to be concluded for a data subject to provide us with personal data which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide personal data would mean that the contract could not be concluded with the data subject.
The data subject must contact one of our employees before the provision of personal data by the data subject. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.
14 Privacy Statement for Camera Use by Some of Our Apps
Some shoutr labs apps use the camera of the mobile device for Augmented Reality (AR). The captured image data is only used for the recognition of AR markers. When image data is sent, this is done exclusively in response to the explicit request of the user via the “Share” function in the apps. The destination of this shipment can only be determined by the user.
Some shoutr labs apps use account information stored in the user’s device, such as email address or registered contacts, to make suggestions for usernames and possible recipients of data.
This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as external data protection officer for Memmingen, in cooperation with the lawyer for data protection law Christian Solmecke.