Privacy Policy

(as of: November 2022)
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Introduction

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With the following data protection declaration, we would like to inform you in a transparent and comprehensible form what types of your personal data we process for what purposes and to what extent in the context of providing our website. The data protection declaration applies to all processing of personal data carried out by us, both as part of the provision of our service and on our websites, in mobile applications and within external online presences, such as our social media profile. The provisions of our data protection declaration listed here apply to all internet offers, events and communications of Akkord Film Produktion GmbH referring to this by word and internet link. Our contact details, the contact details of our external data protection officer as well as those of the Berlin data protection officer can be found in this data protection declaration below.
The terms used are not gender-specific.

Responsible

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Data Controller within the meaning of the European General Data Protection Regulation (GDPR):

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Contact details of the responsible party for data processing on this website
Akkord Film Produktion GmbH
Hohenstaufenstr. 5
D-10781 Berlin (Germany)
Phone: +49 30 60 98 030
E-mail: info@akkord.film
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CEO and responsible for data processing:
Dirk Beinhold

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For all data protection inquiries, please contact our data protection officer:

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Datenschutz Beinhold|Partner
Frank Beinhold
Maximiliankorso 9
13465 Berlin
info@datenschutz-beinhold.de
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Berlin supervisory authority GDPR
Berliner Beauftragte für Datenschutz und Informationsfreiheit
Alt-Moabit 59-61, 10555 Berlin
Phone: +49 30 13889-0
E-mail: mailbox@datenschutz-berlin.de

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Overview of the personal data processing operations

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The following overview summarizes the types of data processed and the purposes of their processing, and refers to the data subjects.

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Types of data processed:

  • –   Inventory data
    –   Contact data
    –   Content data
    –   Usage data
    –   Meta/communication data
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Categories of Data Subjects:

  • –   Communication partners
    –   Users

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Purposes of processing:

  • –   Contact requests and communication
    –   Security procedures
    –   Direct marketing, information mailings
    –   Management and response to requests
    –   Feedback
    –   Providing our online offer and user-friendliness
    –   Necessary information about technical infrastructure

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Relevant legal bases

In the following, you will find an overview of the legal basis of the GDPR on the basis of which we process personal data. Please note that in addition to the provisions of the GDPR, national data protection regulations may apply in your or our country of residence or domicile. Furthermore, should more specific legal bases be relevant in individual cases, we will inform you of these in the data protection declaration.

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Consent (Art. 6 (1) p. 1 lit. a) GDPR)

The data subject has given his or her consent to the processing of personal data relating to him or her for a specific purpose or purposes.

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Performance of a contract and pre-contractual requests (Art. 6 (1) p. 1 lit. b) GDPR)

Processing is necessary for the performance of a contract to which the data subject is a party or for the performance of pre-contractual measures carried out at the data subject’s request.

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Legitimate interests (Art. 6 (1) p. 1 lit. f) GDPR)

Processing is necessary for the purposes of protecting the legitimate interests of the controller or a third party, unless such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data.
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In addition to the data protection regulations of the General Data Protection Regulation, national regulations on data protection apply in Germany. These include, in particular, the Act on Protection against Misuse of Personal Data in Data Processing (Federal Data Protection Act – BDSG). In particular, the BDSG contains special regulations on the right to information, the right to erasure, the right to object, the processing of special categories of personal data, processing for other purposes and transmission, as well as automated decision-making in individual cases, including profiling. Furthermore, it regulates data processing for employment purposes (Section 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships as well as the consent of employees. Furthermore, state data protection laws of the individual federal states may apply.

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Security procedures

.We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.
The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as access to, input of, disclosure of, assurance of availability of and segregation of the data. We have also established procedures to ensure the exercise of data subjects’ rights, the deletion of data, and responses to data compromise. In addition, we take the protection of personal data into account as early as the development or selection of hardware, software as well as procedures in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.
TLS encryption (https): To protect your data transmitted via our online offer, we use TLS encryption. You can recognize such encrypted connections by the prefix https:// in the address bar of your browser.

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Transfer of personal data

.In the course of our processing of personal data, it may happen that the data is transferred to or disclosed to other entities, companies, legally independent organizational units or persons. Recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we comply with the legal requirements and, in particular, conclude appropriate contracts or agreements that serve to protect your data with the recipients of your data.
Data processing in third countries
If we process data in a third country (i.e., outside the European Union (EU), the European Economic Area (EEA)) or the processing takes place in the context of using third-party services or disclosing or transferring data to other persons, entities or companies, this will only be done in accordance with the legal requirements.
Subject to express consent or contractually or legally required transfer, we process or allow the processing of data only in third countries with a recognized level of data protection, contractual obligation by so-called standard protection clauses of the EU Commission, in the presence of certifications or binding internal data protection regulations (Art. 44 to 49 DSGVO, information page of the EU Commission:
https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).

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Storage time, deletion of data

The data processed by us will be deleted in accordance with the legal requirements as soon as their consents permitted for processing are revoked or other permissions cease to apply (e.g. if the purpose of processing this data has ceased to apply or it is not required for the purpose). If the data are not deleted because they are required for other and legally permissible purposes, their processing will be limited to these purposes. That is, the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law or whose storage is necessary for the assertion, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person.
Our data protection notices may also contain further details on the retention and deletion of data, which take priority for the respective processing operations.

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Use of cookies

Cookies are small files, or other storage devices, which store information on end devices and read information from the end devices. E.g. to store the login status in a user account or the language to be preferred. Cookies can also be used for various purposes, e.g. for purposes of functionality, security and comfort of online offers as well as the creation of analyses of visitor flows. In some cases, cookies from third-party companies may also be stored on your terminal device when you enter our site (third-party cookies). These enable us or you to use certain services of the third-party company (e.g. cookies for geographical orientation by Google Maps).
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Notes on consent: We use cookies, for example, for language preferences in accordance with legal requirements. Therefore, we obtain prior consent from users except where it is not required by law. In particular, consent is not required if the storage and reading of information, including cookies, is absolutely necessary in order to provide the user with a telemedia service (i.e., our online offering) expressly requested by the user. The revocable consent is clearly communicated to the users and contains the information on the respective cookie use.
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Notes on legal bases under data protection law: the legal basis under data protection law on which we process users’ personal data using cookies depends on whether we ask users for consent. If users consent, the legal basis for processing their data is their declared consent. Otherwise, the data processed with the help of cookies is processed based on our legitimate interests (e.g. in the business operation of our online offer and improvement of its usability) or, if this is done in the context of the performance of our contractual obligations, if the use of cookies is necessary to fulfill our contractual obligations. For what purposes the cookies are processed by us, we clarify in the course of this privacy policy or in the context of our consent and processing procedures.
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Storage time: With regard to the storage duration, the following types of cookies are distinguished:

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  • Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed his end device (e.g. browser or mobile application).

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  • Permanent cookies: Permanent cookies remain stored even after the end device is closed. For example, the login status can be saved or preferred language settings when the user visits a website again.

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General information on revocation and objection (opt-out): Users can revoke the consents they have given at any time and also file an objection to processing in accordance with the legal requirements in Art. 21 GDPR. Users can also declare their objection via their browser settings, e.g. by deactivating the use of cookies (although this may also limit the functionality of our online services). An objection to the use of cookies for online marketing purposes can also be declared via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/ .

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Further guidance on processing operations, procedures and services:

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Processing of cookie data based on consent:

We use a cookie consent management procedure, in the context of which the consent of users to the use of cookies, or the processing and providers mentioned in the cookie consent management procedure can be obtained and managed and revoked by users. Here, the declaration of consent is stored in order not to have to repeat its query and to be able to prove the consent in accordance with the legal obligation. The storage can take place on the server side and/or in a cookie (so-called opt-in cookie, or with the help of comparable technologies), in order to be able to assign the consent to a user or their device. Subject to individual information on the providers of cookie management services, the following information applies: The duration of the storage of consent can be up to two years. Here, a pseudonymous user identifier is formed and stored with the time of consent, information on the scope of consent (e.g. which categories of cookies and/or service providers) as well as the browser, system and end device used.

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Providing the online service and web hosting

We may process users’ data in order to provide them with our online services. For this purpose, we process the user’s IP address, which is necessary to transmit the content and functions of our online services to the user’s browser or terminal device.

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  • Types of data processed:
  • Usage data (e.g. web pages visited, interest in content, access times); meta/communication data (e.g. device information, IP addresses).
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  • Data Subjects:
  • Users (e.g. website visitors, users of online services).
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  • Purposes of data processing:
  • Providing our online offer and user-friendliness; information technology infrastructure (operation and provision of information systems and technical devices (computers, servers, etc.).); security measures.
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  • Legal basis:l
  • egitimate interests (Art. 6 para. 1 p. 1 lit. f) GDPR).
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Google Web Fonts (local hosting)

This site uses so-called web fonts provided by Google for the uniform display of fonts. The Google Fonts are installed locally if possible. A connection to Google servers does not take place if possible.

Further information on Google can be found in Google’s privacy policy:

https://policies.google.com/privacy?hl=de

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Google Maps

Our website uses the map service Google Maps to make it easy to find our Akkord Film offices. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland, EU.

For the meaningful use of the map functions of Google Maps, it is necessary to use your IP address. This information may be transmitted to a Google server in the USA and stored there. Akkord Film Produktion GmbH unfortunately has no influence on this data transmission. If Google Maps is activated, Google may use Google Web Fonts for the purpose of uniform display of fonts.

When calling up Google Maps, your browser loads the required web fonts into its browser cache to display texts and fonts correctly. The use of Google Maps is in the interest of a readable presentation of our online offers and an easy

offers and to make it easy to find the branches we have indicated on the website. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. If a corresponding consent has been requested, the processing is exclusively based on Art. 6 (1) lit. a GDPR and Section 25 (1) TTDSG (German Telecommunications Telemedia Data Protection Act), insofar as the consent includes the storage of cookies within the meaning of the TTDSG. The consent can be revoked at any time.

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Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here:

https://privacy.google.com/businesses/gdprcontrollerterms/ and

https://privacy.google.com/businesses/gdprcontrollerterms/sccs/ .

More information on the handling of user data can be found in Google’s privacy policy:

https://policies.google.com/privacy?hl=de

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Further information on processing procedures, methods and services:

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  • Providing online offer on hosted storage space:

For the provision of our online offer, we use server space, computing capacity and software that we lease or otherwise obtain from a corresponding server provider (also called “web hoster”); Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) GDPR).

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  • Hosting:

Hetzner Online GmbH. We use a web hosting provider for our website. Our service provider is the German company Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany. You can learn more about the data processed by using Hetzner exclusively within the EU in the privacy policy at https://www.hetzner.com/de/legal/privacy-policy. We have a legitimate interest in ensuring that our website is presented as reliably as possible. If a corresponding consent has been requested, the processing is carried out exclusively based on Art. 6 para. 1 lit. A GDPR and § 25 para. 1 TTDSG (German Telecommunications Telemedia Data Protection Act), as far as the consent includes the storage of cookies or access to information in the user’s terminal device (e.g. the type of browser used) as defined by the TTDSG. The consent can be revoked at any time.

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  • Data Processing Addendum (DPA):

We have concluded a Data Processing Agreement (DPA) with the above-mentioned provider. This is a contract required by data protection law under Article 28 of the GDPR, which ensures that the provider only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR. The link to further information on handling your data FAQ at https://docs.hetzner.com/de/general/general-terms-and-conditions/data-privacy-faq/

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  • Collection of access data and log files:

Access to our online offer is logged in the form of so-called “server log files”. The server log files may include the address and name of the web pages and files accessed, the date and time of access, data volumes transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider. The server log files may be used, on the one hand, for security purposes, e.g., to prevent server overload (especially in the event of abusive attacks, so-called DDoS attacks) and, on the other hand, to ensure the utilization of the servers and their stability; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) GDPR); Deletion of data: Log file information is stored for a maximum period of 30 days and then deleted or anonymized. Data whose further storage is required for evidentiary purposes is exempt from deletion until the respective incident is finally clarified.

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Contact and request management

When contacting us (e.g. by contact form, e-mail, telephone, events or via social media) as well as in the context of existing user and business relationships, the information of the inquiring persons is processed insofar as this is necessary to answer the contact inquiries and any requested measures.

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  • Types of data processed:

Contact data (e.g. e-mail, telephone numbers, addresses); content data (e.g. entries in online forms); usage data (e.g. websites visited, interest in content, access times); meta/communication data (e.g. device information, IP addresses).

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  • Data Subjects:

Communication partner.

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  • Processing of data purposes:

Contact inquiries and communication; managing and responding to inquiries; feedback (e.g., collecting feedback via online form); providing our online offering and user experience.

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  • Legal bases:

Legitimate interests (Art. 6 para. 1 p. 1 lit. f) GDPR); Contract performance and pre-contractual requests (Art. 6 para. 1 p. 1 lit. b) GDPR).

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Further notes on processing operations, procedures and services:

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  • Contact form:If users contact us via our contact form, e-mail or other communication channels, we process the data communicated to us in this context for the purpose of processing the communicated request; Legal bases: Contract performance and pre-contractual requests (Art. 6 para. 1 p. 1 lit. b) GDPR), Legitimate Interests (Art. 6 para. 1 p. 1 lit. f) GDPR).
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We send invitations, newsletters, e-mails and other electronic notifications (hereinafter “newsletter”) only with the consent of the recipients or a legal permission. If the contents of the Newsletter are specifically described in the context of a registration, they are decisive for the consent of the users. Otherwise, our newsletters contain information about our services and us.

In order to subscribe to our newsletters, it is generally sufficient to provide your e-mail address. However, we may ask you to provide a name, for the purpose of a personal address in the newsletter, or further information, if this is necessary for the purposes of the newsletter.

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Double opt-in procedure: The registration for our newsletter is always done in a so-called double opt-in process. This means that after registration you will receive an e-mail in which you are asked to confirm your registration. This confirmation is necessary so that no one can register with foreign e-mail addresses. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Likewise, the changes to your data stored with the mailing service provider are logged.

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Deletion and restriction of processing: We may store unsubscribed email addresses for up to three years based on our legitimate interests before deleting them in order to be able to prove consent formerly given. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time if the former existence of consent is confirmed at the same time. In the case of obligations to permanently observe objections, we reserve the right to store the e-mail address in a block list solely for this purpose.

The logging of the registration process takes place based on our legitimate interests for the purpose of proving its proper course. Insofar as we commission a service provider with the dispatch of e-mails, this is done on the basis of our legitimate interests in an efficient and secure dispatch system.

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Contents:

Information about us, our services, promotions and promotions, film premieres:

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  • Types of data processed:Personal data (e.g. names, addresses); contact data (e.g. e-mail, telephone numbers); meta/communication data (e.g. device information, IP addresses).
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  • Data Subjects:Communication partner.
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  • Processing of data purposes:Direct marketing (e.g. by e-mail or letter).
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  • Legal bases:Consent (Art. 6 para. 1 p. 1 lit. a) GDPR).
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  • Possibility of objection (Opt-Out):You can cancel the receipt of our newsletter at any time, i.e. revoke your consent or object to further receipt. You will find a link to cancel the newsletter either at the end of each newsletter or you can otherwise use one of the above contact options, preferably e-mail, for this purpose.

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Amendment and update of the privacy policy

We kindly ask you to regularly inform yourself about the content of our privacy policy. We adapt the data protection declaration as soon as the changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.

If we provide addresses and contact information of companies and organizations in this privacy policy, please note that the addresses may change over time and ask to check the information before contacting us.

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Rights of the data subjects

As a data subject, you are entitled to various rights under the GDPR, which arise in particular from Art. 15 to 21 GDPR:

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Right to object:

You have the right to object at any time, on grounds relating to your situation, to the processing of personal data concerning you which is carried out based on Article 6 (1)(e) or (f) of the GDPR; this also applies to profiling based on these provisions. If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, as far as it is related to such direct marketing.

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Right of withdrawal for consents:

You have the right to revoke consent given at any time.

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Right to information:

You have the right to request confirmation as to whether data in question is being processed and to obtain information about this data and further information and a copy of the data in accordance with the legal requirements.

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Right to rectification:

You have the right, in accordance with the law, to request that the data concerning you be completed or that the inaccurate data concerning you be corrected.

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Right to deletion and restriction of processing:

In accordance with the statutory provisions, you have the right to demand that data relating to you be deleted (“right to be forgotten”) without delay or, alternatively, to demand restriction of the processing of the data in accordance with the statutory provisions.

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Right to data portability:

You have the right to receive data relating to you that you have provided to us in a structured, common and machine-readable format in accordance with the legal requirements, or to request that it be transferred to another controller.

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Complaint to supervisory authority:

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the requirements of the GDPR. The address of our Berlin supervisory authority can be found above.

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General definitions of terms

This section provides you with an overview of the terms used in this privacy policy. Many of the terms are taken from the law and defined primarily in Art. 4 GDPR. The legal definitions are binding. The following explanations, on the other hand, are primarily intended to aid understanding. The terms are sorted alphabetically.

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Personal data:

“personal data” means any information relating to an identified or identifiable natural person (hereinafter “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 (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

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Controller:

“Controller” shall mean 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.

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Processing:

“Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and includes virtually any handling of data, be it collection, analysis, storage, transmission or deletion.

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