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This data protection explains the kind, the scope and the purpose of the processing of personal data (following short “data” below) within our online offer and the with it connected website, functions and content as well as external online presences just as our social media profile (collectively referred to as “online offer(s)”, “online service(s)” or just “offer(s)” below). Regarding to the used terms, e. g. “processing” or “responsible person”, we refer to the definitions in the Art. 4 of the General Data Protection Regulation of the EU (GDPR).
Kind of processed data
Categories of affected people
Visitor and user of the online offer (collectively described as “user” below).
Purpose of the processing
"Personal data" are all information, which relate to an identified or identifiable natural person (described as “affected person” below); a natural person is considered as identified, if they is directly or indirectly, esp. by means of an assignment to an identifier like a name, to an identification number, to location data, to an online identifier (e. g. Cookies) or to one or more special characteristics identifiable, which are an expression of physical, psychological, genetic, mental, economic, cultural or social identity of the specific natural person.
"Processing“ means any process performed with or without the aid of automated procedures or any such process associated with personal data. The term goes far and includes virtually every handling of data.
"Responsible person" means the natural or legal person, public authority, body or body that decides, alone or in concert with others, on the purposes and means of processing personal data.
Relevant legal bases
In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing. Unless the legal basis in the data protection declaration is mentioned, the following applies: The legal basis for obtaining consent is Art. 6 (1) (a) and Art. 7 GDPR, the legal basis for the processing for the performance of our services and the execution of contractual measures as well as the response to inquiries is Art. 6 (1) (b) GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 (1) (c) GDPR and the legal basis for the processing in order to safeguard our legitimate interests is Art. 6 (1) (f) GDPR. In case that vital interests of the affected person or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as legal basis.
Collaboration with processors and third parties
Collaboration with processors and
If, in the context of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit them to them or otherwise grant access to the data, this will only be done on the basis of a legal permission (e. g. if a transmission of the data to third parties, as required by payment service providers, pursuant to Art. 6 (1) (b) GDPR to fulfill the contract), you have consented to a legal obligation or based on our legitimate interests (e. g. the use of agents, webhosts, etc.).
If we commission third parties to process data based on a so-called "contract processing contract", this is done based on Art. 28 GDPR.
Transfers to third countries
Transfers to third countries
If we process data in a third country (this means outside the European Union (EU) or the European Economic Area (EEA)) or in the context of the use of third party services or disclosure or transmission of data to third parties, this will only be done if it is to fulfill our (pre) contractual obligations, based on your consent, based on a legal obligation or based on our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only in the presence of the special conditions of Art. 44 et seq. GDPR. This means, the processing is e.g. based on specific guarantees, such as the officially recognized level of data protection (e. g. for the US through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
Rights of the affected people
Rights of the affected people
You have the right to ask for confirmation as to whether the data in question is being processed and for information about this data as well as for further information and a copy of the data in accordance with Art. 15 GDPR.
You have, according to Art. 16 GDPR, the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that the relevant data concerning you gets deleted immediately or, alternatively, to require a restriction of the processing of data in accordance with Art. 18 GDPR.
You have the right to demand that the data relating to you, which you have provided to us, be obtained in accordance with Art. 20 GDPR and request their transmission to other responsible persons.
You have, in accordance with Art. 77 GDPR, the right to file a complaint with the competent supervisory authority.
Withdrawal and right to object
You have the right to withdraw granted consent with effect for the future in accordance with Art. 7 (3) GDPR.
Right to object
You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection may esp. be made against processing for direct marketing purposes.
Cookies and right to object in direct marketing
"Cookies" are small files that are stored on users' computers. Different information can be stored within the cookies. A cookie is primarily used to store the information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online service and closes his browser. In such a cookie, e.g. the contents of a shopping cart are stored in an online store or a login jam. The term "permanent" or "persistent" refers to cookies that remain stored even after the browser has been closed. Thus, e.g. the login status will be saved if users visit it after several days. Likewise, in such a cookie the interests of the users can be stored, which are used for range measurement or marketing purposes. A "third-party cookie" refers to cookies that are offered by providers other than the person who manages the online offer (otherwise, if it is only their cookies, this is called "first-party cookies").
If users do not want cookies stored on their computer, they will be asked to disable the option in their browser's system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
Deletion of data
Deletion of data
According to legal requirements in Germany, the storage takes place for 6 years pursuant to § 257 (1) German Commercial Code (trading books, inventories, opening balance sheets, annual accounts, trade letters, accounting documents, etc.) and for 10 years in accordance with § 147 (1) German Fiscal Code (books, records, Management reports, accounting documents, trade and business letters, documents relevant to taxation, etc.).
According to legal regulations in Austria the storage takes place especially for 7 years according to § 132 paragraph 1 Austrian Federal Fiscal Code (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years in the case of documents relating to electronically supplied services, telecommunications, broadcasting and television services provided to non-entrepreneurs in EU Member States and for which the Mini-One-Stop-Shop (MOSS) is used.
The hosting services we use to provide the following services: computing capacity, disk space and database services, security and technical maintenance services. We use these for operating this online offer.
Here we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer based on our legitimate interests in an efficient and secure provision of this online offer acc. Art. 6 (1) (f) GDPR in conjunction with Art. 28 GDPR (conclusion of contract processing contract).
Survey of access data and log files
Survey of access data and log files
We, or our hosting provider, collects based on our legitimate interests within the meaning of Art. 6 (1) (f) GDPR data on every access to the server on which this online offer is located (so-called server log files). The access data includes name of the retrieved web page, file, date and time of retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Logfile information is stored for security purposes (for example, to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted. Data whose further retention is required for evidential purposes shall be exempted from the cancellation until final clarification of the incident.
Data processing through functions of our
Users can optionally create a user account. As part of the registration, the required mandatory information will be communicated to the users. The data entered during registration will be used for the purpose of using the offer. Users may be informed by e-mail about offer or registration-related information, such as changes in the scope of the offer or technical circumstances. If users have terminated their user account, their data will be deleted regarding to the user account, subject to their retention is for commercial or tax law reasons according to Art. 6 (1) (c) GDPR necessary. It is the responsibility of the users to secure their data upon termination before the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract.
As part of the use of our signing up and logging in functions and the use of user accounts, we store the IP address and the time of each user action. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is necessary for the prosecution of our claims or there is a legal obligation in accordance with. Art. 6 (1) (c) GDPR. The IP addresses will be anonymized or deleted after 7 days at the latest.
When contacting us (for example, by contact form, e-mail, telephone or via social media) the information of the user to process the contact request and its completion in accordance with Art. 6 (1) (b) GDPR processed. User information can be stored in a Customer Relationship Management System ("CRM System") or comparable request organization.
We delete the requests, if they are no longer required. We check the necessity every two years; Furthermore, the legal archiving obligations apply.
Comments and Posts
If users leave comments or other contributions, their IP addresses are stored for 7 days based on our legitimate interests within the meaning of Art. 6 (1) (f) GDPR. This is for our own safety, if someone leaves illegal content in comments and contributions (insults, prohibited political propaganda, etc.). In this case, we may be prosecuted for the comment or post and are therefore interested in the identity of the author.
Integration of services and content of
Integration of services and content of third parties
We use content and service offers from third parties due to our justified interests (i.e. interest in the analysis, optimization and economic business of our online-offers according to Art. 6 (1) (f) GDPR) so we can use their content and services, e.g. videos or typesets (later all classified as “content”).
This includes the detection of the users IP-address by third parties, because they cannot send their content to the user’s browser without this information. This is the reason why the IP-address is required. We try as best as possible to use content that is provided by providers who exclusively use the user’s IP-address for sending their content. Furthermore, third parties can use Pixel-Tags (hidden graphics, also called “Web Beacons”) for statistic or marketing purposes. Throughout those Pixel-Tags, information can be analysed (e.g. user traffic). The pseudonymous information can also be saved as Cookies on the user’s device including information about the browser and operating system, referring websites, time of visit and more data about the use of our offers. This also includes these data from other origins.
We use the type sets (“Google Fonts”) of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
We use a function for the detection of bots, e.g. for filling in online forms (“ReCaptcha”) of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
All data that is received through Cookies and Web Beacons, your IP-address and data about Advertising is send to the server of Google in the USA and saved there. Google might send the gathered data to other third parties if it is required by law or if they hire third parties for analysing data. In these cases, Google will combine your IP-address with other data.
With the usage of our Website you accept the processing of the for your person gathered data through Google in the methods and purpose explained above.
Usage of Bots
Usage of bots
Through the in the MeetOtakus Messenger implemented Bots bugs and ideas can be reported/suggested to help developing our Website and its functions. Signing up and a login on our site is needed, for what setting Cookies is indispensable (see Cookies). If the user uses a Bot against our Website or bug reports and suggestions are not constructive, the user can be punished with the rejection of the functions of our offering for a few days.
If a user managed to find a bug, the user is committed to report it via the MeetOtakus Messenger. If not reported, the user can be rejected from the functions of our site. Furthermore, we take the right to continuously reject the user from the use of our web presence (via IP-Ban), if the user tries to use the bug for their advantages or against our online offers and their functions.
If the user wants to suggest any ideas relating to our online offers (e. g. helpful, missing or additional functions and features), they can do that through the MeetOtakus Messenger.