Privacy policy of mydays Event GmbH

Status: 25 May 2018

The following Privacy Policy applies to the online offer at mydays-erlebniswerk.de (“online offer”).

  1. Who are we? (Controller)

Controller is mydays Event GmbH, Rosenheimer Straße 145 e-f, 81671 Munich, Germany, hereinafter referred to as “we” or “us”.

Any exceptions will be explained in this Privacy Policy.

  1. Contact details of the data protection officer

Should you have any questions regarding this Privacy Policy or regarding the processing of your data in general within the scope of this online service, please contact our data protection officer:

mydays Event GmbH, Rosenheimer Straße 145 e-f, 81671 Munich, Germany, or datenschutz@mydays.de

  1. Which of your personal data do we process?

General

Personal data means any information relating to an identified or identifiable natural person (e.g. name, address, telephone number, date of birth or e-mail address).

When we process personal data, this means that we collect, store, use, transmit them to others or delete them.

In principle, you may use our online offer without providing personal data. However, the use of certain services may require the disclosure of personal data, such as registration or participation in competitions. Required fields are usually marked with a *. If you do not wish to provide us with the relevant necessary data, unfortunately, you will not be able to use the corresponding services.

What do we use your data for and on what legal basis?

We process your personal data for the following purposes and on the basis of the aforementioned legal bases. In the event that the data processing is based on a weighing of interests, we will also explain to you our legitimate interest which we pursue with the processing:

 

No. Purpose of processing Legal basis of the processing and presentation of the legitimate interest, where relevant
1. Provision of this online service and performance of the contract in accordance with our General Terms and Conditions, available at: mydays-erlebniswerk.de/agb, including billing. Contract performance
2. Personalization of the offer. Contract performance or consent
3. Analysis of the offer to determine usage behavior including market research and coverage measurement. Weighing of interests; we have a legitimate interest in analyzing the usage behavior of our online services in order to continuously improve them or to adapt them to the interests of our users.
4. Recording and evaluation of usage behavior for interest-based advertising (including by third parties) Weighing of interests; we and other advertisers have a legitimate interest in displaying interest-based advertising and providing our users with advertising that is tailored to their personal interests.
5. Own and third-party advertising to the extent permitted by law or based on consent. Consent or weighing of interests; we have a legitimate interest in direct marketing as long as this is done in accordance with data protection and competition law requirements.
6. Running competitions in accordance with the respective terms and conditions. Contract performance
7. Dispatching information to existing customers regarding own offers, without registration. Weighing of interests; we have a legitimate interest in direct marketing as long as the marketing is done in accordance with data protection and competition law requirements.
8. Dispatch of a newsletter with the recipient’s consent by e-mail or SMS/MMS. Contract performance or consent
9. Identification and possibly blocking of users who have installed a so-called adblocker and therefore block advertising. Weighing of interests; we have a legitimate interest in making our wholly or partly advertising-financed offers available only to users who do not block advertising.
10. Identifying disruptions and ensuring system security, including detecting and tracking unauthorized access and attempted access to our web servers Fulfilment of our legal obligations in the area of data security and weighing of interests; we have a legitimate interest in the elimination of disruptions, the guarantee of system security and the detection and tracking of unauthorized access attempts or accesses.
11. Safeguarding and defending our rights Weighing of interests; we have a legitimate interest in asserting and defending our rights.

Upon request, you may receive information from us regarding the weighing of interests made by us. To do so, simply use the information in the Contact section.

Please note your right to object in case of processing data for the purpose of direct marketing or for personal reasons (see section on Data Subject Rights).

Registration

If you wish to make use of services requiring the conclusion of a contract, we will ask you to register. As part of the registration process, we collect the personal data required for the establishment and performance of the contract (e.g. first name, surname, e-mail address, as the case may be, details of the desired method of payment or of the account holder) as well as possibly additional data on a voluntary basis. Required fields are marked with a *.

  1. Who gets your personal data and why?

Disclosure of data to third parties

Your personal data will be disclosed by us to third parties only if this is necessary for contract performance, if we or the third party have a legitimate interest in such disclosure or if you have given your consent. If data are transmitted to third parties, this will be explained in this Privacy Policy. In case of a consent-based transmission, the explanation may also be given when obtaining such consent.

Moreover, data may be transferred to third parties if we are obliged to do so by law or by enforceable regulatory or judicial order.

Service provider

We reserve the right to use service providers for the collection or processing of data. Service providers receive from us only the personal data that are required for their specific activities. For example, your e-mail address may be disclosed to a service provider so it can deliver a requested newsletter to you. Service providers can also be contracted to provide server capacity. Service providers usually are involved as so-called contract processors who may process the personal data of the users of this online service only in accordance with our instructions. Within the framework of order processing, the service providers engaged by us in this context (e.g. as transporters, logisticians, banks) receive the necessary data for order and job processing.

  1. When do we give data to countries outside the European Economic Area?

We also disclose personal data to third parties or contract processors located in non-EEA countries. In such case, we ensure prior to disclosure that the recipient either has an adequate level of data protection (e.g. on the basis of an EU Commission adequacy decision for the respective country pursuant to Art. 45 GDPR, through self-certification of the recipient for the EU-US Privacy Shield in conjunction with the Commission’s corresponding adequacy decision pursuant to Art. 45 GDPR or the agreement of so-called EU standard contractual clauses between the European Commission and the recipient pursuant to Art. 46 GDPR) or that our users have given their express consent.

  1. How long do we store your data?

We will store your data for as long as it is necessary to provide our online service and the associated services or for as long as we have a legitimate interest in further storage. In all other cases, we will delete your personal data with the exception of such data that we are required to retain to comply with statutory (e.g. tax or commercial) retention periods (e.g. invoices).

Data that are subject to a retention period will be blocked until the expiry of such period.

  1. Processing of data by credit institutions and payment service providers; receivables management

Processing of data by credit institutions and payment service providers

We are using external payment service providers. Depending on your payment method selected during the ordering process, we pass on the data collected for the processing of payments (e.g. bank details or credit card data) to the credit institution commissioned with the payment or to payment service providers engaged by us. Some payment service providers also collect such data themselves under their own responsibility. In this respect, the respective payment service provider’s privacy policy applies.

Receivables management

We retain the right to have receivables collected by service providers who collect them as so-called processors.

We furthermore have a legitimate interest in selling receivables to third parties and in this context, to provide the respective buyer of the receivable with the data required for debt collection. In the case of debt collection, buyers of receivables are acting on their own behalf and process the transmitted data in their own responsibility. In this respect, the respective debt purchaser’s privacy policy will apply.

  1. Log files

Each time you use the Internet, certain data are automatically transmitted by your Internet browser and stored by us in so-called log files.

The log files are stored by us for 7 to 14 days to determine disruptions and security issues (e.g. to clarify attempted attacks) and are deleted afterwards. Log files that must be retained further for evidential purposes are exempted from deletion until the respective incident has been finally clarified and may be disclosed to investigating authorities on a case-by-case basis.

In particular, the following data are stored in the log files:

  • IP address (Internet protocol address) of the terminal from which the online offer is accessed;
  • Internet address of the website from which the online offer was accessed (so-called origin or referrer URL);
  • Name of the service provider through which the online service is accessed;
  • Name of the files or information retrieved;
  • Date and time as well as duration of the retrieval;
  • Amount of data transmitted;
  • Operating system and information about the Internet browser used, including installed add-ons (for example, for Flash Player);
  • http status code (e.g. “request successful” or “requested file not found”);
  • Log files are also used for Web analysis.
  1. Cookies

What are cookies?

Cookies are small text files that are sent when a website is visited and stored in the user’s browser. If the corresponding website is called up again, the user’s browser sends back the content of the cookies and therefore makes it possible to recognize the user again. Certain cookies are automatically deleted after the end of the browser session (so-called session cookies), others are stored for a specified time or permanently in the user’s browser and then delete themselves automatically (so-called temporary or permanent cookies).

What data are stored in the cookies?

In principle, no personal data are stored in cookies, but only an online identifier.

How can you prevent the use of cookies or delete cookies?

You can deactivate the storage of cookies via your browser settings and delete cookies that have already been stored in your browser at any time (see section Technical information). Please note, however, that this online service may not function without cookies or may function to a limited extent only.

Please also note that objections to the creation of user profiles partly function via a so-called “opt-out cookie”. Should you delete all cookies, an objection hence may no longer be considered and must be raised again by you.

What types of cookies do we use?

Essential cookies

Certain cookies are required so we can provide our online services securely. This category includes e.g.:

  • Cookies used to identify or authenticate our users;
  • Cookies temporarily storing certain user inputs (e.g. contents of a shopping basket or online form);
  • Cookies storing certain user preferences (such as search or language settings);
  • Cookies storing data to ensure trouble-free playback of video and audio content.

Analysis cookies

We use analysis cookies in order to be able to record the usage behavior (e.g. clicked advertising banners, visited subpages, search queries made) of our users in so-called usage profiles and evaluate statistically.

Advertising cookies

We also use cookies for advertising purposes. The profiles regarding usage or “usage profiles” (e.g. clicked advertising banners, visited subpages, search queries made) created with the aid of such cookies are used by us to display advertising or offers tailored to your interests (“interest-based advertising”).

Third-party advertising cookies

We also allow other companies to collect data from our users using advertising cookies (“usage profiles”). This enables us and third parties to display interest-based advertising to users of our online services based on an analysis of their usage patterns (e.g. clicked advertising banners, visited sub-pages, search queries made) as a whole and not limited to our online services.

Tracking cookies in connection with social plugins

The integration of social plugins regularly has the effect that the providers of such plugins store cookies, which help them create usage profiles of the users of our online service.

Google Tag Manager

This website uses Google Tag Manager. Google Tag Manager is a solution that allows marketers to manage website tags through a single interface. The Tool Tag Manager itself (which implements the tags) is a cookie-free domain and does not collect any personal data. The tool triggers other tags that in turn may themselves collect data. Google Tag Manager does not access such data. In case of any deactivation at the domain or cookie level, it will remain in place for all tracking tags implemented with Google Tag Manager.

  1. Web analysis

We need statistical information about the use of our online service in order to make it more user-friendly, measure reach and conduct market research.

For this purpose, we use the following analysis tools. The usage profiles created by the tools using analysis cookies or by analyzing the log files are not combined with personal data.

The tool providers process data only as contract processors in accordance with our instructions and not for their own purposes.

The tools either do not use users’ IP addresses at all or shorten them immediately after collection.

For each tool you will find information about the respective provider and about how you can object to the collection and processing of data by such tool.

In case of tools that implement the objection using opt-out cookies, it should be noted that the opt-out function is device- or browser-related and in principle only applies to the currently used terminal device or browser. If you use multiple mobile devices or browsers, you must set the opt-out on each individual mobile device and in each browser used.

In addition, you can prevent the creation of usage profiles for analysis purposes by preventing the use of cookies in general.

Google Analytics

Google Analytics is provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). We use Google Analytics with the additional function offered by Google for rendering IP addresses anonymous: The IP address is usually already shortened by Google within the EU and only in exceptional cases in the USA and is stored in each case in shortened form only.

You may object to collection or analysis of your data by this tool by downloading and installing the browser plugin available from the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

GA AUDIENCES

On this website, GA Audiences, a web analysis service provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”), collects and stores data, which are used to create usage profiles, using pseudonyms. This technology enables users who have visited our websites and online services to see targeted advertisements from us on other external pages of the Google Partner Network. For this purpose, a cookie is placed on your computer to analyze the user’s behavior when visiting the website and to subsequently make targeted product recommendations and interest-based advertising. No personal data are stored and processed by setting the cookie. If you do not wish to receive interest-based advertising, you may opt-out of Google’s use of cookies for such purposes by following the instructions at https://www.google.de/settings/ads/onweb#display_optout.

Facebook Impressions

We use the function “Facebook Impressions”, which is offered by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA.

This function collects information about the frequency with which a contribution on our site is displayed. The frequency of page views by visitors to our website is recorded here. Facebook uses cookies for this purpose. These files are stored on your computer and thus allow for analyzing your use of the website.

The information generated by such cookies, e.g. time, location and frequency of your visit to the website, is transferred to Facebook’s servers in the USA. You can prevent cookies from being saved by selecting the appropriate settings in your browser. To learn more about purpose and scope of data collection and further processing and use of data by Facebook as well as your relevant rights and settings options to protect your privacy, refer to Facebook’s privacy policy.

  1. Recording and evaluation of usage behavior for interest-based advertising (including by third parties)

Recording and evaluation of usage behavior for interest-based advertising (including by third parties)

In this online offer, we would like to present advertising or special offers tailored to our user’s interests (“interest-based advertising”) and limit the frequency with which certain advertisements are displayed. For this purpose, we use the following tools.

The usage profiles created by the tools with the aid of advertising cookies or third-party advertising cookies, so-called web beacons (invisible graphics, which are also called pixels or tracking pixels) or comparable technologies are not combined with personal data. The tools either do not process users’ IP addresses at all or shorten them immediately after collection.

Unless indicated otherwise, controller for the processing of data in connection with the tools is the respective provider. The providers of the tools may also disclose information to third parties for the aforementioned purposes.

For each tool you will find information about the provider and about how you can object to the collection of data using such tool. Please note that by objecting, you do not deactivate advertising. Your objection only has the effect that interest-based advertising based on your usage behavior can no longer be displayed to you.

In case of tools that work with opt-out cookies, it should be noted that the opt-out function is device- or browser-related and in principle only applies to the currently used terminal device or browser. If you use multiple mobile devices or browsers, you must set the opt-out on each individual mobile device and in each browser used.

In addition, you can prevent the creation of usage profiles by preventing the use of cookies in general.

Further information on interest-based advertising is available from the consumer portal at http://www.meine-cookies.org. You may also use the following link to said portal to view the status of activation for tools from different providers and object to the collection or analysis of your data by such tools http://www.meine-cookies.org/cookies_verwalten/praeferenzmanager-beta.html

A central objection option for various tools, in particular those of US providers, can also be accessed via the following link: http://optout.networkadvertising.org/#/

Doubleclick

This online offer also uses the technologies of the Google DoubleClick server. This is a service provided by DoubleClick, a company of Google Ireland Limited, Ireland. The DoubleClick server enables us to control advertising. Google uses so-called DoubleClick DART cookies for this purpose, which use information about the user’s visits within the online offering and other websites and in so doing, control certain ads through so-called “frequency capping”. This is a method of determining the frequency of advertisements using standardized criteria. However, you may object to the use of DoubleClick DART cookies at any time. To do so, you must follow the instructions below to disable Google cookies: (https://support.google.com/ads/answer/7395996).

Google Adwords

We use the online advertising program “Google AdWords” and Conversion Tracking as part of Google AdWords. Google Conversion Tracking is an analysis service of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). When you click on an ad placed by Google, a Conversion Tracking cookie is placed on your computer. These cookies lose their validity after 30 days, contain no personal data and are therefore not used for personal identification.

If you visit certain pages on our website and the cookie has not yet expired, Google and we may detect that you have clicked on the ad and were directed to that page. Each Google AdWords customer receives a different cookie. Accordingly, there is no possibility that cookies can be tracked via the websites of AdWords customers.

The information collected using the conversion cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. Customers can see the total number of users who clicked on their ad and were redirected to a page with a Conversion Tracking tag. However, they do not receive any information that can be used to personally identify users.

If you do not wish to participate in tracking, you can object to this use by preventing the installation of cookies by setting your browser software accordingly (deactivation option). You will then not be included in the Conversion Tracking statistics. Further information and Google’s privacy policy is available at:  http://www.google.com/policies/technologies/ads/, http://www.google.de/policies/privacy/

Google Dynamic Remarketing

This website uses Google Dynamic Remarketing services to place advertisements. These services also use cookies and web beacons to analyze visitor traffic and website usage. This enables Google to place contextual third-party advertisements on our online offerings based for example on search terms in search engines or keywords in website content. Provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).

The data generated by cookies and web beacons about the use of this website and delivery of web formats are transmitted to a Google server in the USA and stored there. This information may be shared by Google with Google’s contract partners. However, Google will not merge your IP address with any other data stored by you.

You may refuse the use of cookies by selecting the appropriate settings on your browser; however, please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of your collected data by Google in the manner and for the purposes set out above.

You may change the use of cookies by Google for advertising purposes at any time by going to http://www.google.com/policies/technologies/ads/.

  1. Adblocker and opt-out cookies

We note that the use of an adblocker can impair the functionality of opt-out cookies. It is therefore possible that in certain cases, the corresponding tools continue to collect data, even though a cookie has been set. In such case, you can restore the functionality by configuring or uninstalling the adblocker accordingly.

  1. Newsletter

Newsletter with registration

We offer you the possibility to subscribe to our newsletter. You may revoke your relevant consent at any time. Relevant information is available in section Your right to withdraw your consent.

Information for existing customers without registration

If we receive your e-mail address in connection with the sale of a product or service and unless you have objected to this, we reserve the right to periodically send you e-mail offers for similar goods or services from our portfolio. You may object to this at any time without incurring any costs other than the transmission costs according to the basic tariffs; relevant information is available in the section Your right to withdraw your consent.

  1. Your rights (rights of the data subject)

How can you assert your rights?

To assert your rights, please use the information in the Contact section. In so doing, please make sure that we are able to clearly identify you.

Please note that your data will initially be blocked only if the deletion is opposed by retention periods.

Your rights to access and rectification

You may request that we confirm whether we process personal data concerning you and you have a right of access to your data processed by us. Should your data be inaccurate or incomplete, you may request that they be rectified or completed. If we have disclosed your data to third parties, we will inform them about the rectification to the extent required by law.

Your right to erasure

If statutory requirements are met, you may demand immediate erasure of your personal data by us. This is the case in particular if:

  • Your personal data are no longer necessary in relation to the purposes for which they were collected;
  • Your consent was the sole legal ground for the processing and has been withdrawn by you;
  • You have objected to processing for marketing purposes (“marketing objection”);
  • You have objected to processing on the legal basis of weighing interests for personal reasons and we are unable to demonstrate that there are overriding legitimate reasons for a processing;
  • Your personal data have been unlawfully processed; or
  • Your personal data must be deleted in order to comply with legal requirements.

If we have disclosed your data to third parties, we will inform them about the erasure to the extent required by law.

Please note that your right to erasure is subject to limitations. For example, we must not and are not allowed to erase any data that we are required to retain further due to legal retention periods. Data which we require for assertion, exercise or defense of legal claims are also excluded from your right to erasure.

Your right to restrict processing

If the legal requirements are met, you may request that we restrict the processing of your data. This is the case in particular if:

  • You dispute the accuracy of your personal data, and until we have had the opportunity to verify their accuracy;
  • Processing is not lawful and instead of erasure (see previous section), you request a restriction of use;
  • We no longer require your data for the purposes of processing, but you need them to assert, exercise or defend your legal claims;
  • You have objected for personal reasons, and until it has been established whether your interests prevail.

If there is a right to restrict processing, we will mark the data concerned in order to ensure that they are processed only within the narrow confines that apply to such restricted data (i.e. in particular to defend legal claims or with your consent).

Your right to data portability

You have the right to receive personal data that you have provided to us for the performance of the contract or with your consent, in a portable format. In such case you may also request that we transfer these data directly to a third party if this is technically feasible.

Your right to withdraw consent

If you have consented to the processing of your data, you may withdraw such consent at any time with effect for the future. The legality of the processing of your data until such withdrawal will not be affected by this.

Your right to object to direct marketing

You can also object at any time to the processing of your personal data for marketing purposes (“marketing objection”). Please note that for organizational reasons there may be an overlap between your withdrawal and the use of your data in the context of an already running campaign.

Your right to object for personal reasons

You have the right to object to data processing by us for reasons arising from your particular situation, insofar as this is based on the legal basis of legitimate interest. We will then cease processing your data unless we are able to show – pursuant to statutory requirements – that compelling legitimate grounds exist for further processing, outweighing your rights.

Your right to lodge a complaint with a supervisory authority

You have the right to lodge a complaint with a data protection authority. To do so, you may in particular contact the data protection authority responsible for your place of residence or your federal state or responsible for the place where the violation of data protection law took place. Alternatively, you may also contact the data protection authority responsible for us:

Bayerisches Landesamt für Datenschutzaufsicht (Bavarian Data Protection Authority, BayLDA)

Promenade 27
91522 Ansbach, Germany
poststelle@lda.bayern.de

  1. Contact

For information and suggestions on the subject of data protection, please contact us or our data protection officer by e-mail at: datenschutz@mydays.de

If you would like to get in touch with us, you may also contact us as follows:

mydays Event GmbH, Rosenheimer Straße 145 e-f, 81671 Munich, Germany

  1. Annex: Technical notes

Technical notes on deleting cookies

Internet Explorer: For instructions go to http://windows.microsoft.com/de-de/internet-explorer/delete-manage-cookies#ie=ie-11-win-7

Mozilla Firefox: For instructions go to https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen

Google Chrome: For instructions go to https://support.google.com/chrome/answer/95647

Safari: For instructions go to http://help.apple.com/safari/mac/8.0/#/sfri11471