Imprint

Provider within the definition of Section 5 German Teleservices Act, Section German State Treaty on Broadcasting:

Berlin Tourismus & Kongress GmbH
Am Karlsbad 11
D-10785 Berlin
Tel. 030/ 25 00 23 33
Fax: 030/ 25 00 24 24
email: hello@theschwarm.com
Managing Director: Burkhard Kieker
Chairman of the Supervisory Board: Oliver Schumacher
Companies register: District Court of Berlin Charlottenburg HRB 48652
VAT ID: DE 160 475 096

Responsible party within the definition of Section 55 para. 2 German State Treaty on Broadcasting: Director Berlin Convention Office: Iris Lanz

Address:
Berlin Tourismus & Kongress GmbH
Berlin Convention Office
Am Karlsbad 11
D-10785 Berlin
Tel: 030/ 25 00 23 33
Fax: 030/ 25 00 24 24
email: hello@theschwarm.com

The Schwarm is a part of Übermut Project a joint project with:

Hamburg Marketing GmbH

Wexstraße 7

D-20355 Hamburg

T +49 (0) 40 41 11 10 500

F +49 (0) 40 41 11 10 615

E info@marketing.hamburg.de

Managing Director: Michael Otremba

Chairman of the Supervisory Board: First Mayor of the Free and Hanseatic City of Hamburg Olaf Scholz

Companies register: District Court of Hamburg HRB 90033

VAT ID: DE 235 323 314

Responsible in the sense of § 55 Abs. 2 RStV:

Business Unit Manager Marketing & Communications: Anja Seugling

Address:

Berlin Tourism & Congress GmbH

Business Unit Management Marketing & Communication

Am Karlsbad 11

D-10785 Berlin

Tel: 030/25 00 23 33

Fax: 030/25 00 24 24

E-Mail: hallo@visitBerlin.de

Web agency visitBerlin.de:

Ars Electronica Linz GmbH & Co KG
Ars-Electronica-Straße 1
A-4040 Linz
https://www.aec.at/

info@aec.at

Important notice: The use of contact data contained in this legal notice for the purpose of transmitting advertisements and information materials not expressly requested is hereby expressly prohibited. Berlin Tourismus & Kongress GmbH and all other persons named on these webpages hereby withhold their consent in relation to all commercial use and communication of their data. We expressly reserve the right to take legal measures in the event of unrequested receipt of advertising materials including spam mails.

EU Commission platform for online dispute resolution:
http://ec.europa.eu/consumers/odr
In cooperation with:
Ars Electronica Linz GmbH & Co KG
Ars-Electronica-Straße 1
A-4040 Linz
https://www.aec.at/

Updated: Mai 2018

Terms of Use and Privacy Policy

The following Terms of Use and Privacy Policy stipulate the usage conditions between the provider and the user. Only the following terms in their respectively valid version shall apply to use of the app being offered. We are not requiring payment of any fees for the installation or use of the app. Please read through the information and the Privacy Policy carefully before you provide any personal information. By using this app, you hereby state that you agree with the use of your personal data by visitBerlin. If you do not agree with the use of your data according to this notification, please do not use this app. If you have questions about data protection within the scope of use of the app, please contact us at datenschutz@visitBerlin.de. visitBerlin expressly reserves the right to change these Terms of Use as well as the Privacy Policy.

App functions

The app enables users to record media (photos, videos) by means of the reverse side camera on their mobile device (smart phone, tablet). The media are uploaded to a server and automatically displayed at the website www.ubermutproject.com via a project-based interface. After capturing the media and before upload, users have the option of identifying their media with various categories and individual tags. This identification enables filtering of the media content on the website. Users can select from 12 categories of the creative industry as a main category (Music, Literature, Fine arts, Film, Broadcasting, Performing arts, Architecture, Design, Press & News, Advertising, Software & Games, Other). Furthermore, users have up to 12 additional topic-specific, provider-defined main categories available for selection. In a free text field, users have the possibility of specifying individual tags and description text for the medium. Before upload, users have the possibility of rejecting their images/videos at any time. Users can also specify a "non-public" upload of a medium. In this case, the medium goes to the provider's CMS. A subsequent publication of said medium must be agreed individually with the provider (ubermutproject@visitBerlin.de). The app enables access to the user-generated photo/video library and thus the upload of already available media. The interface at www.ubermutproject.com represents all of the publicly uploaded media. A filtered representation of the media content takes place by means of different filters according to categories, tags and GPS data. You can find further information about the project at "About Übermut Project and THE SCHWARM".

General Terms of Use

The app can only be installed by means of a link sent to you. After activation of the link, you will go to a corresponding site from the provider at which you can download the app. Use of the app is not possible without prior registration/login. The registration/login requires the provision of personal data/information about the user. The following information is mandatory.

Furthermore, the following additional information can be provided as desired:

This information enables the classification of input content related to the individual users. Downloading the app does not provide you with any kind of copyright or commercial protective rights unless said rights have been explicitly granted to you. However, the user does receive a simple and personal right to use the app, its functions, and the protected information contained therein within the limits described in these terms. Outside of the expressly granted usage rights, the user is not granted any rights to the app or the content thereof. In particular, the user is prohibited from duplicating, distributing or making public, in its entirety or in part, third-party content from the app. Any form of commercial use of the app, the functions thereof or content is prohibited. The usage right ends with the exclusion of a user or the deletion of the app.

Publication of content

The app offers its users the possibility of publishing self-made images, videos as well as other content, to the extent possible, within the app, and thus provide them to other users to view and for further information. With respect to this, the app requires access to the personal library/photo album of the user. Meanwhile, the app is being used essentially as a platform for participants in the Übermut project, based on which only a certain group of people has access to it. The access takes place by means of a download link. Input content of the app is displayed within the app and at www.ubermutproject.com. In addition to the content, personal data such as the real name or pseudonym, category, "based in" information, mission statement of the user, website or social media account, as well as particularly the user's GPS data are displayed (see Privacy Policy). lf visitBerlin determines that public content of a user is violating these Terms of Use, visitBerlin will contact the respective user and request that the user change the content. In particularly serious cases, visitBerlin is authorised to exclude the user from using the app. The exclusion of use is particularly possible when input media or comments etc.:

This list is not conclusive. The exclusion can also take place for similar, objective reasons. We make explicit reference to the following legal provisions: § 185 Criminal Code (StGB): Offence: "The offence shall be penalized with imprisonment of up to one year or with a fine and if the offence is committed by means of an assault, with imprisonment of up to two years or with a fine."

§ 187 Criminal Code (StGB): Slander: "Whosoever claims or spreads an untrue fact with respect to someone else, against their better judgement, which would disparage same or lower public opinion of or risk said person's credit shall be penalized with imprisonment of up to two years or with a fine and if the act is committed in public, in a gathering or through the spreading of documents (§ 11 paragraph 3), with imprisonment of up to five years or with a fine."

§ 86 Criminal Code (StGB): Dissemination of propaganda material of unconstitutional organisations: "(1) Whosoever disseminates domestically or produces for dissemination domestically or abroad, keeps stock of, imports or exports, or makes public in data memories propaganda material 1. of a party declared unconstitutional by the Federal Constitutional Court or of a party or association, from which it is incontrovertibly determined that it is a substitute organisation of such a party, 2. of an association that is incontrovertibly banned because it is focused against constitutional order or against international understanding, or it has been incontrovertibly determined that it is a substitute organisation of such a banned association, 3. of a government, association or institution outside of the territorial scope of this law, which is operating for the purposes of one of the parties characterised in numbers 1 and 2, or 4. propaganda material which, according to its content, is intended to continue the endeavours of a former Nazi organisation shall be penalized with imprisonment of up to three years or with a fine. (2) Propaganda material in terms of paragraph 1 is only that written material (§ 11 paragraph 3), the content of which is targeted against the free democratic basic order or international understanding. (3) Paragraph 1 shall not apply when the propaganda material or the act is used for civic information, in the defence against unconstitutional efforts, for art or science, research, teaching, reporting on events of current affairs or history or similar purposes. (4) If the guilt is minor, the court may deviate from a penalty according to this regulation.”

§ 130 Criminal Code (StGB): Incitement: "(1) Whosoever in a manner that is liable to disturb the public peace incites hate or encourages violent or arbitrary acts 1. against a group based on its nationality, race, religion, or its ethnic origin, against parts of the population or against individuals due to their membership in a previously mentioned group or a part of the population or 2. offends the human dignity of others by insulting, maliciously degrading or defaming a previously mentioned group, parts of the population or an individual due to their membership in a previously mentioned group or a part of the population, shall be penalized with imprisonment of three months to five years or with a fine. (2) A penalty of imprisonment of up to three years or fine shall be applied to whoever 1. disseminates or makes accessible to the public a document (§ 11 paragraph 3) or who offers, hands over, or makes available to a person under 18 a document (§ 11 paragraph 3), which a) incites hate against a group characterised in paragraph 1, number 1, against parts of the population or against an individual based on his membership in a group characterised in paragraph 1, number 1, or a part of the population, b) encourages violent or arbitrary acts against people or groups of people mentioned in letter a or c) offends the human dignity of persons or groups of people mentioned in letter a by insulting, maliciously degrading or defaming them, 2. makes the content characterised in number 1, letters a to c, accessible to a person under 18 years of age or public by means of radio or telemedia or 3. produces, procures, delivers, keeps stocks of, provides, advertises a document (§ 11 paragraph 3) of the content characterised in number 1, letters a to c, or undertakes to import or export said document in order to use it or parts obtained from it in terms of number 1 or number 2 or to enable another person such use. (3) A penalty of imprisonment of up to five years or fine shall be applied to whoever publicly or in a gathering condones, denies or trivialises an act committed under the rule of National Socialism of the type characterised in § 6 paragraph 1 of the International Criminal Code in a manner that is liable to disturb the public peace. (4) A penalty of imprisonment of up to three years or fine shall be applied to whoever publicly or in a gathering disturbs the public peace in a manner infringing upon the dignity of the victims by condoning, glorifying or justifying the violence and despotism of the Nazi era. (5) Paragraph 2 also applies to documents (§ 11 paragraph 3) having the content characterised in paragraphs 3 and 4. (6) In the cases of paragraph 2, also in conjunction with paragraph 5, and in the cases of paragraphs 3 and 4, § 86 paragraph 3 applies accordingly."

§ 131 Criminal Code (StGB): Depiction of violence: "(1) Whosoever 1. disseminates, 2. publicly issues, trades, presents or otherwise makes accessible, 3. provides, supplies or makes accessible to a person under 18 years of age or 4. produces, procures, supplies, keeps in stock, offers, announces, advertises, imports or exports in order to use documents (§ 11 paragraph 3) or parts of documents in terms of numbers 1 to 3, which depict cruel or otherwise inhuman acts of violence against people or human-like forms in a manner that glorifies or minimises such violence or represents the cruel or inhuman process in a manner degrading to humans, or to enable such use by someone else, shall be penalised with imprisonment of up to one year or with a fine. (2) A penalty shall also be applied to whoever disseminates a presentation of the content characterised in paragraph 1 through radio, media services, or teleservices. (3) Paragraphs 1 and 2 shall not apply if the act is in the service of reporting on events of current affairs or history. (4) Paragraph 1 No. 3 shall not be applied if the person authorised to act on behalf of the person is acting; this shall not apply if the person authorised to act grossly violates their care duties by offering, providing or making accessible. § 166 Criminal Code (StGB): Insulting of faiths, religious societies and organizations dedicated to a philosophy of life: "(1) Whosoever publicly or through the dissemination of writings (§ 11 paragraph 3) insults the content of others’ religious faith or faith related to a philosophy of life in a manner liable to disturb the public peace shall be penalised with imprisonment of up to three years or with a fine. (2) A penalty shall also be applied to whoever publicly or through the dissemination of documents (§ 11 paragraph 3) insults a church, other religious society, or organization dedicated to a philosophy of life located in Germany, their institutions, or customs in a manner liable to disturb the public peace."

§ 201a Criminal Code (StGB): Violation of highly personal living sphere through taking of images: "(1) Whosoever produces or transmits unauthorised images of another person who is in a residence or an area especially protected from view and thereby violates their highly personal living sphere shall be penalised with imprisonment of up to one year or with a fine. (2) A penalty shall also be applied to whoever uses or makes accessible to a third-party an image produced by means of an act according to paragraph 1. (3) Whosoever knowingly makes accessible to a third-party in an unauthorised manner an authorised image of another person who is in a residence or an area especially protected from view and thereby violates their highly personal living sphere shall be penalised with imprisonment of up to one year or with a fine. (4) The image carriers as well as the image recording devices or other technical means that the offender or participant used can be confiscated. § 74a shall be applied."

Our offer is focused especially toward adults and those minors who, based on their cognitive capacity, understand and know how to apply the Terms of Use and the guidelines/notices. We reserve the right to exclude users if there is doubt about the required cognitive capacity due to their behaviour.

Liability notice

The content of this app is generated by the users. visitBerlin is thus free from all liability claims to the extent they relate to content. Liability for the timeliness, correctness and completeness of the content is excluded. This also applies to websites to which reference is made by means of a hyperlink.

visitBerlin shall not be liable for damage resulting from defects, delays or interruptions in the transmission due to malfunctions in technical systems or viruses related to the publication of the content unless visitBerlin or its employees or vicarious agents caused this through intentional or gross negligence.

The liability of visitBerlin is further limited to claims (1) according to the Product Liability Act, (2) due to loss of life, bodily injury, or health hazard, based on negligent or wilful breach of duty by us or one of our legal representatives or by one of our vicarious agents, (3) provided the cause of damage is based on intent or gross negligence by us or one of our legal representatives or by one of our vicarious agents, or (4) due to violation of an essential contractual obligation. In the event of violation of an essential contractual obligation, the liability for damages from visitBerlin is limited to the contractual-typical, foreseeable damage to the extent there is no intentional or gross negligence present. Otherwise, any liability by visitBerlin is excluded.

Transfer of usage rights to visitBerlin

Upon the inputting of content, you yourself, or on behalf of the copyright holder, grant visitBerlin the non-exclusive right to disseminate, modify, edit, publish or translate this content, without limit in respect of time or location. The usage right comprises the dissemination and exploitation right, the reproduction right and the right to make public the work via any and all transmission mechanisms, e.g. through print/reproduction, projection, copy or storing of the images, use of the photographs as a template for drawings or layout and/or customer presentations via print and online media and/or social media as well as any other, including future communication channels. The use in print media is not limited to a certain circulation. The editing/redesign of the images/photos is possible within the scope of § 23 UrhG [Copyright Act].

The user guarantees that he is the originator of the previously listed images/photos/logos and/or at least owner of the exclusive rights of disposal. These images/photos/logos do not violate any personal or ancillary copyrights of third parties. The user releases visitBerlin completely from any liability in the event that a third-party asserts claims against visitBerlin due to violation of personal or ancillary copyrights. This also includes the cost of attorney's fees for defending such claims. You are providing the usage rights free of charge.

visitBerlin shall name the user who posted the content as the originator as follows upon publication: © Übermut Project, photo: First name and surname / Pseudonym or © visitBerlin, photo: First name and surname / Pseudonym

The copyright for published objects created by visitBerlin itself shall remain solely with visitBerlin.

Any reproduction or use of such graphics or text in other electronic or printed publications is not authorised without the express agreement of visitBerlin . The rights to all designs and program scripts shall remain with visitBerlin, to the extent that they are not freely available or not intended for free use and/or are the property of third parties. visitBerlin is the owner of the wordmark "Übermut Project". Use of this designation is exclusively granted to visitBerlin as the copyright holder.

Privacy Policy

The protection of your data is very important to visitberlin. With this notice, we wish to inform you how your personal data is handled within the scope of use of the app and what basic principles apply with reference to data protection. You will also learn here what anonymous or pseudonymous usage data incurs when using the app and how you can prevent the collection of such data.

Information about the collection of personal data and contact details

We are pleased that you are visiting our website and thank you for your interest. In the following we will inform you about the handling of your personal data when you use our website. Personal data are all data that allow you to be personally identified.

The controller within the meaning of the General Data Protection Regulation (GDPR) responsible for data processing on this website is:

Berlin Tourismus & Kongress GmbH
Am Karlsbad 11
D-10785 Berlin

T +49 (0)30 25 00 23 33
F +49 (0)30 25 00 24 24

E info@visitBerlin.de

The controller responsible for the processing of personal data is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data.

The controller has appointed a data protection officer for this website, who can be contacted as follows:

DA.S Beratung
Mr. Wolfgang Mengel
Beerentalweg 76
D-21077 Hamburg

T +49 (0)40 761 01 907
F +49 (0)40 761 01 908

E datenschutz@visitberlin.de

This website uses SSL and/or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the person responsible). You can recognise an encrypted connection by the character string "https://" and the lock symbol in your browser bar.

Data collection when you visit our website

When you use our website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called "server log files"). When you call up our website, we collect the following data that are technically necessary for us to display the website to you:

- our website which was visited

- date and time of access

- volume of data sent, in byte

- source/link from which you accessed the page

- browser used

- operating system used

- IP address used (in some cases: made anonymous)

Processing is carried out in accordance with Art. 6 (1) letter f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files at a later date if there are any concrete indications of illegal use.

If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted – if and so far technically possible and reasonable – without specification of any personal data or under specification of anonymized data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished.

Transmission of data to third parties

Within the Übermut project we cooperate with the cooperation partner Hamburg Marketing GmbH. Your personal data will therefore also be used by Hamburg Marketing GmbH. The contact details are as follows:

Hamburg Marketing GmbH
Wexstraße 7
D-20355 Hamburg

T +49 (0) 40 41 11 10 500
F +49 (0) 40 41 11 10 615

E info@marketing.hamburg.de

Your data will not be transmitted to other third parties.

visitBerlin will not sell or let your personal data to other third parties. In order to offer the best-possible security to all users and ensure the halting of cases of misuse of the app and to penalise this accordingly, visitBerlin shall cooperate with justice authorities as soon as a criminal act or misuse of the app for a purpose other than the actual usage purpose is deemed present.

Information regarding the stored data/revocation of the consent for data usage You can obtain or view information regarding the data stored about you at any time. If the data collected is incorrect, you can request rectification thereof. If you are not in agreement with the storage of your data, you may revoke your consent at any time. To this end, please delete your user account within the app and delete the app from your Smartphone. In this case, your data will be deleted accordingly.

Automatically generated information

Each time our app is accessed and each time a file is retrieved, logging files are stored. We technically cannot assign this data to specific people. A merging or comparing of this data with other data sources is also not carried out; the anonymised data sets are additionally deleted after a statistical evaluation. Each data set consists of:

Real-time location information

We require access to the location of your device. Upon a query, we collect your current location via GPS in order to be able to assign your input content to your location. The transmission of your location data takes place via an encrypted connection. Your location data are stored in our systems and used for further use of your input content.

If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application. However, it should be noted that the spirit and purpose of this app is to assign the input content to the respective locations.

Retention and storage of the data/deletion of the user account Your data shall be retained and stored as long as is necessary for providing our services.

Security precautions

We store your data on specially protected servers in Germany. Access to them is only possible by a few specially authorised persons who have access to the necessary areas for their activity for technical, business or editing support of the data. However, we work for implementation of the app with a partner, Ars Electronica Linz GmbH, who obtains access to your data within the scope of the cooperation.

We take precautions in order to ensure the security of your personal data against access by third parties. Your data are diligently protected against loss, destruction, falsification, manipulation and unauthorised access or unauthorised disclosure.

According to the requirements of data protection, all of our employees are obligated to maintain data confidentiality in accordance with §5 Federal Data Protection Act (BDSG). Additionally, we stringently ensure that the data processing systems and applications used by us always meet the current requirements of data protection.

Cookies

In order to make visits to our website or app more attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and enable us or our partner companies (cookies from third parties) to recognise your browser on your next visit (persistent cookies). If cookies are set, they collect and process specific user information such as browser and location data as well as IP address values to varying degrees. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. In some cases, cookies are used to simplify the ordering process by saving settings (e.g. remembering the contents of a virtual shopping basket for a later visit to the website). If personal data are also processed by individual cookies implemented by us, the processing is carried out in accordance with Art. 6 (1) letter b GDPR either for the execution of the contract or in accordance with Art. 6 (1) letter f GDPR in order to safeguard our legitimate interest in the website's best possible functionality and a customer-friendly and effective design of the visit to the site.

We may work with advertising partners to help us make our website or app more interesting for you. To this end, cookies from partner companies (third-party cookies) will also be stored on your hard disk in this case when you visit our website or app. When we cooperate with the aforementioned advertising partners, you will be informed individually and separately about the use of such cookies and the extent of the information collected in each case in the following paragraphs.

Please note that you can set your browser in such a way that you are informed about the setting of cookies and can decide individually about their acceptance, or exclude the acceptance of cookies in certain cases or in general. Each browser is different in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You will find such information for the respective browsers under the following links:

Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Chrome: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en

Safari: https://support.apple.com/kb/ph21411?locale=en_US

Opera: http://help.opera.com/Windows/11.50/en/cookies.html

Please note that the functionality of our website may be restricted if cookies are not accepted.

Contacting us

When you contact us (e.g. via contact form or email), personal data are collected. Which data are collected when using a contact form can be seen on the respective form. These data are stored and used exclusively for the purpose of responding to your request and establishing contact, and for the ensuing technical administration. The legal basis for the processing of the data is our justified interest in responding to your enquiry pursuant to Art. 6 (1) letter f GDPR. If the purpose of your contacting us is to conclude a contract, then an additional legal basis for the processing is Art. 6 (1) letter b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been conclusively clarified and if there are no legal retention obligations to the contrary.

Data processing when opening a customer account and for the execution of the contract

According to Art. 6 para. 1 lit. b DSGVO, personal data will continue to be collected and processed when you provide it to us for the purpose of concluding a contract or opening a customer account. Which data are collected, can be seen from the respective input forms. A deletion of your customer account is possible at any time and can by a message to the o.g. Address of the person responsible. We save and use the data you have provided for the execution of the contract. After completion of the contract or deletion of your customer account, your data will be blocked with regard to tax and commercial retention periods and deleted after expiration of these periods, unless you have expressly consented to a further use of your data or a legally permitted further data use by our side which we will inform you accordingly below.

Use of YouTube videos

This website uses the YouTube embedding function for the display and playing of videos of the provider "YouTube", which belongs to Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). For this, the extended data protection mode is applied, which, according to the provider, only starts to store user data when the video(s) is/are played. When the playback of embedded YouTube videos is started, the provider uses "YouTube" cookies to collect data on user behaviour, which, according to "YouTube", serve among other things to collect video statistics, improve user-friendliness and prevent unlawful actions. When you are logged in to Google, your data will be directly mapped to your account when you click on a video. If you want to avoid this mapping to your profile on YouTube, you need to log out before activating the button. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them. Such evaluation is carried out in particular pursuant to Art. 6 (1) letter f GDPR on the basis of Google's legitimate interests in the insertion of personalised advertising, market research and/or demand-oriented design of its website. You have the right to object to the creation of these user profiles; to do so, you need to contact YouTube. Regardless of whether the embedded videos are played back, every time this website is accessed a connection to the Google network "DoubleClick" is established, which could trigger further data processing operations without our influence. Google LLC, based in the USA, is certified for the US-European data protection agreement "Privacy Shield", which guarantees adherence to the data protection standards applicable in the EU.

You will find further information on YouTube's data protection in the

provider's privacy statement under:

https://policies.google.com/privacy

Web analysis services

Google Analytics

This website uses Google Analytics, a web analysis service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google Analytics uses so-called "cookies", text files which are saved on your computer and allow an analysis of your use of the website. The information generated by the cookie about your use of this website (including the shortened IP address) is generally transmitted to a Google server in the USA and stored there. This website exclusively uses Google Analytics with the extension "_anonymizeIp()", which ensures anonymisation of the IP address by shortening it and thus prevents it from being directly linked to a particular individual. Due to this extension, your IP address will first be shortened by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. In these exceptional cases, processing is carried out in accordance with Art. 6 (1) letter f GDPR on the basis of our legitimate interest in a statistical analysis of user behaviour for purposes of optimisation and marketing. On our behalf, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide us with other services relating to website and Internet use. The IP address transmitted by your browser in connection with Google Analytics will not be combined with other Google data. 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 all the functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie relating to your use of the website (including your IP address) and from processing this data by downloading and installing the browser plug-in available under the following link:

https://tools.google.com/dlpage/gaoptout?hl =

As an alternative to the browser plug-in or with browsers on mobile devices, please click on the following link to set an opt-out cookie that will prevent future data collection by Google Analytics from this website (this opt-out cookie only works with this browser and only for this domain; if you delete your cookies in this browser, you must click on this link again): <a onclick="alert('Google Analytics wurde deaktiviert');"href="javascript:gaOptout()">Google Analytics deaktivieren</a> Google LLC, based in the USA, is certified for the US-European data protection agreement "Privacy Shield", which guarantees adherence to the data protection standards applicable in the EU. More information on how Google Analytics handles user data can be found in Google's privacy statement:

https://support.google.com/analytics/answer/6004245?hl =

Click here to opt-out from being tracked by Google Analytics on this website by using a cookie in your internet web browser. Cookies must be enabled on your system.
You can also opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Addon for your current web browser: http://tools.google.com/dlpage/gaoptout?hl=en .

Tools and other aids

Google Maps

This website uses Google Maps (API), belonging to Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google Maps is a web service for displaying interactive (country) maps in order to visually provide geographical information. You can use this service to see our location and make it easier for you to find us. When you access sub-pages that incorporate a Google Maps map, information about your use of our website (such as your IP address) is transmitted to and stored by Google on servers in the United States. This is the case regardless of whether Google provides a user account that you are logged in to or whether no user account exists. When you are logged in to Google, your data will be directly mapped to your account. If you want to avoid this mapping to your profile at Google, you need to log out before activating the button. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them. Such evaluation is carried out in particular pursuant to Art. 6 (1) letter f GDPR on the basis of Google's legitimate interests in the insertion of personalised advertising, market research and/or demand-oriented design of its website. You have the right to object to the creation of these user profiles; to do so, you need to contact Google. Google LLC, based in the USA, is certified for the US-European data protection agreement "Privacy Shield", which guarantees adherence to the data protection standards applicable in the EU. If you do not agree to the future transmission of your data to Google in terms of the use of Google Maps, it is also possible to completely deactivate the Google Maps web service by switching off the JavaScript application in your browser. Then, Google Maps and thus also the maps on this website cannot be used. You will find Google's Terms of Service under

https://policies.google.com/terms

and the Additional Terms of Service for Google Maps under

https://maps.google.com/help/terms_maps.html

You can find detailed information on data protection in connection with the use of Google Maps on Google's website ("Google Privacy Policy"):

https://policies.google.com/privacy

Social plug-ins

visitBerlin uses so-called social plug-ins ("plug-ins") of the social networks Facebook, Twitter, Google+, YouTube and Pinterest. These services are provided by Facebook Inc., Twitter Inc. and Google Inc. ("providers"). Facebook is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). Twitter is operated by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103. Google+ and YouTube are operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Pinterest is operated by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA. Instagram is operated by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. An overview of the plug-ins and their appearance can be found here:

http://developers.facebook.com/plugins
https://developers.google.com/+/plugins
https://twitter.com/logo
http://about.pinterest.com/goodies

https://www.instagram.com/developer/

When you access a page of our website that contains such a plug-in, your browser establishes a direct connection to the servers of Facebook, Twitter, Google or Pinterest. The relevant provider will transmit the content of the plug-in directly to your browser and integrate it into the page. Through this integration, the providers will receive the information that your browser has called up the corresponding page of our website, even if you do not have a profile with the social network in question or are not currently logged in. This information (including your IP address) is transmitted directly from your browser to a server of the relevant provider in the USA and stored there. If you are logged in to one of the social networks, the providers can directly map your visit to our website to your profile on Facebook, Twitter, Google+ or Pinterest. If you interact with the plug-ins, e.g. by pressing the "Like" or "+1" button, this information will also be transmitted directly to a server of the providers and stored there. The information will also be published on the social network and shown to your contacts. The purpose and extent of the data collection and the further processing and use of the data by the providers as well as your rights in this regard and the setting options for the protection of your privacy can be found in the privacy notices supplied by the providers.

https://www.facebook.com/about/privacy/
https://twitter.com/privacy and
https://policies.google.com/privacy
http://pinterest.com/about/privacy/

http://instagram.com/about/legal/privacy/

If you do not wish Facebook, Twitter, Google, YouTube or Pinterest to map the data collected via our website directly to your profile on the relevant social network, you need to log out of the network before visiting our website.

Rights of the data subject

The current data protection law grants you comprehensive data subject rights (rights of access and intervention) as regards the processing of your personal data vis-à-vis the controller, about which we inform you below:

- Right of access pursuant to Art. 15 GDPR:

In particular, you have a right to information about your personal data processed by us, the purposes of the processing, the categories of the personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the envisaged storage period or the criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of processing or objection to the processing, of a right to complain to a supervisory authority, about the source of your data, if these were not collected from you by us, the existence of automated decision-making including profiling and, if required, meaningful information about the logic involved and the extent to which you are concerned and the envisaged consequences of such processing, as well as your right to be informed of any safeguards which exist pursuant to Art. 46 GDPR in the event of the transfer of your data to third countries;

- Right to rectification pursuant to Art. 16 GDPR:

You have a right to immediate rectification of any inaccurate data concerning you and/or completion of any incomplete data concerning you stored by us;

- Right to erasure pursuant to Art. 17 GDPR:

You have the right to demand the erasure of your personal data if the requirements of Art. 17 (1) GDPR are met. This right does not, however, exist especially if the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims;

- Right to restriction of processing pursuant to Art. 18 GDPR:

You have the right to demand the restriction of the processing of your personal data for as long as the contested accuracy of your data is being verified, or if the processing is unlawful and you oppose the erasure of your data and instead request the restriction of their use, or if we are no longer in need of this data for the purposes of the processing but you require your data for the establishment, exercise or defence of legal claims, or if you have filed an objection on grounds relating to your particular situation, for as long as it is not yet clear whether our legitimate reasons prevail;

- Right to information pursuant to Art. 19 GDPR:

If you have exercised your right to have the data controller rectify or erase your personal data or restrict the processing, he shall be obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed of these recipients;

- Right to data portability pursuant to Art. 20 GDPR:

You have the right to receive the personal data you have provided to us in a structured, commonly used and machine-readable format or to demand their transfer to another controller, where technically feasible;

- Right of withdrawal of consent pursuant to Art. 7 (3) GDPR:

You have the right to withdraw your consent to the processing of data at any time with effect for the future. In the event of withdrawal we will delete the relevant data without delay, unless further processing can take place on a legal basis which allows processing without consent. The withdrawal of consent shall not affect the lawfulness of the processing carried out on the basis of the consent up to the withdrawal;

- Right to complain pursuant to Art. 77 GDPR:

If you believe that the processing of personal data concerning you infringes the GDPR, you have the right to complain to a supervisory authority, in particular in the member state where you reside or work or the place where the alleged infringement occurred, without prejudice to any other administrative or judicial remedy;

Contact details of the supervisory authority in Berlin: Berlin Representative for Data Protection and Freedom of Information, Ms. Maja Smoltczyk, Friedrichstr. 219, D-10969 Berlin. Tel.: +49 (0)30 13889-0 Fax: +49 (0)30 2155050 Email: mailbox@datenschutz-berlin.de

RIGHT OF OBJECTION

If, in the course of balancing interests, we should process your personal data on the basis of our overriding legitimate interest, you will have the right to object at any time to this processing with future effect on grounds relating to your particular situation. If you exercise your right of objection, we will stop processing the data concerned. However, we reserve the right to continue processing if we can prove that there are compelling reasons worthy of protection for the processing, which override your interests, fundamental rights and freedoms, or if the processing serves the establishment, exercise or defence of legal claims. If we process your personal data for direct advertising purposes, you will have the right to object at any time to the processing of personal data concerning you for such advertising purposes. You may raise the objection as described above. If you exercise your right of objection, we will stop processing the relevant data for direct advertising purposes.

Duration of storage of personal data

The duration of the storage of personal data is determined by the respective statutory retention period (e.g. commercial and fiscal retention periods). For more details on the storage period, please refer to the specific data protection information at the beginning of the booking process. After expiry of this period, the relevant data will routinely be deleted, provided that they are no longer necessary for the fulfilment or initiation of the contract and/or there is no longer any legitimate interest on our part in further storage.

Encryption of your data

In the course of logging in/registration via the app, your personal data is transferred in encrypted form over the Internet by means of an SSL process according to the current security standard. We secure our app and other systems, through technical and organisational measures such as firewall systems, multi-stage access blocks etc., against loss, destruction, access, modification or dissemination of your data by unauthorised persons to ensure that you have the best-possible protection against misuse.

Miscellaneous

The laws of the Federal Republic of Germany shall apply exclusively. Should provisions of these Terms of Use or a provision included in the future be wholly or partially legally invalid or not feasible or lose their legal validity or feasibility at a later point in time, this shall not affect the validity of the remaining provisions of the Terms. The same applies if it should be determined that these Terms of Use contain a loophole. Instead of the ineffective or infeasible provisions or to close the loophole, an appropriate regulation is to apply which, to the extent legally possible, comes the closest to what the parties to the contract wanted or would have wanted according to the spirit and purpose of the contract if they had considered the point upon execution of this contract or upon the subsequent inclusion of a provision.