Privacy Policy

We are delighted by your interest in our company. Data protection is of particular importance to the management of BuddyBerlin. Use of our website is generally possible without providing any personal data. However, if a data subject wishes to use special services offered by our company via our website, processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the data subject’s consent. The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to BuddyBerlin. This Privacy Policy aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this Privacy Policy informs data subjects about their rights. As the data controller, we have implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, internet-based data transmissions can always have security vulnerabilities, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, such as by telephone.

1. Definitions
   BuddyBerlin’s privacy policy is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easily readable and understandable for the general public as well as for our customers, business partners, and buddies. To ensure clarity, we would like to explain the terminology used in this privacy policy. We use, among others, the following terms:
   1. personal dataPersonal data is any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

      Data subject: A data subject is any identified or identifiable natural person whose personal data is processed by the controller.

      Processing: Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction. Destruction.

   2. Restriction of processing
      Restriction of processing is the marking of stored personal data with the aim of limiting its future processing.
   3. Profiling
      Profiling is any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
   4. Pseudonymization
      Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and technical and organizational measures are in place to ensure the anonymization of the personal data are subject to measures ensuring that the personal data are not attributed to an identified or identifiable natural person.
   5. Controller
      The controller is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
   6. Processor
      A processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
   7. Recipient
      A recipient is a natural or legal person, public authority, agency, or other body to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
   8. Third party
      “Third party” means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process the personal data.
   9. Consent
      “Consent” of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

1. Name and address of the controller
   The controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member States of the European Union and other provisions related to data protection is: tri-KOM Vermittlungs GmbH, Ostpreußendamm 180, 12207 Berlin, Germany Tel.: +49 30 – 607 42 29 E-Mail: hallo@buddyberlin.de Website: www.buddyberlin.de

BuddyBerlin is a brand of tri-KOM Vermittlungs GmbH.

1. Cookies
   The BuddyBerlin websites use cookies. Cookies are text files that are stored on a computer system via an internet browser. Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a character string that allows websites and servers to associate the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other internet browsers containing different cookies. A specific internet browser can be recognized and identified via the unique cookie ID. Through the use of cookies, BuddyBerlin can provide users of this website with more user-friendly services that would not be possible without the setting of cookies. Cookies allow the information and offers on our website to be optimized for the user. As previously mentioned, cookies enable us to recognize users of our website. The purpose of this recognition is to make it easier for users to utilize our website. For instance, a user of a website that employs cookies does not need to re-enter their access credentials every time they visit the site, as this task is handled by the website and the cookie stored on the user’s computer system. Another example is the shopping cart cookie in an online shop. The online shop uses a cookie to remember the items a customer has placed in the virtual shopping cart. Data subjects can prevent the setting of cookies by our website at any time by adjusting the settings of their internet browser accordingly, thereby permanently objecting to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be fully usable.
2. Collection of general data and information
   BuddyBerlin’s websites collect a series of general data and information each time a data subject or an automated system accesses the website. This general data and information is stored in the server’s log files. The data collected may include (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-pages accessed on our website by an accessing system, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the internet service provider of the accessing system, and (8) other similar data and information used to avert danger in the event of attacks on our information technology systems. When using this general data and information, BuddyBerlin does not draw conclusions about the data subject. Rather, this information is required to (1) correctly deliver the content of our website, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. BuddyBerlin therefore analyzes this anonymously collected data and information statistically and with the aim of increasing data protection and data security within our company, ultimately ensuring an optimal level of protection for the personal data we process. The anonymous data in server log files is stored separately from any personal data provided by the data subject.
3. Routine erasure and blocking of personal data
   The controller processes and stores the data subject’s personal data only for the period necessary to achieve the purpose of storage, or as provided for by the European legislator or another legislator in laws or regulations to which the controller is subject. If the storage purpose ceases to apply, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with statutory provisions.
4. Rights of the data subject

1. 1. Right to confirmation
      Every data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they may contact an employee of the controller at any time.
   2. Right of access
      Every person affected by the processing of personal data has the right granted by the European legislator to obtain from the controller, at any time and free of charge, information about the personal data stored concerning them and a copy of such information. Furthermore, the European legislator has granted the data subject the right to obtain information regarding the following:
      the purposes of the processing
      the categories of personal data concerned
      the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
      where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing concerning the data subject or to object to such processing regarding this processing, the existence of the right to lodge a complaint with a supervisory authority;
      where the personal data are not collected from the data subject: any available information as to their source; the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and—at least in those cases—meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
      Furthermore, the data subject has the right to obtain information as to whether personal data have been transferred to a third country or to an international organization. Where this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to exercise this right of access, they may contact an employee of the data controller at any time.
   3. Right to rectification
      Any person affected by the processing of personal data has the right granted by the European legislator to demand the immediate rectification of inaccurate personal data concerning them. Furthermore, taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed—including by means of a supplementary statement. If a data subject wishes to exercise this right to rectification, they may contact an employee of the controller at any time.
   4. Right to erasure (right to be forgotten)
      Any data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning them without undue delay, provided that one of the following grounds applies and insofar as the processing is not necessary:
      The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
      The data subject withdraws consent on which the processing is based according to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and there is no other legal ground for the processing.
      The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
      The personal data have been unlawfully processed.
      The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
      The personal data have been collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.
      If one of the aforementioned reasons applies and a data subject wishes to request the erasure of personal data stored by BuddyBerlin, they may contact an employee of the controller at any time. The BuddyBerlin employee will ensure that the request for erasure is complied with without undue delay. If BuddyBerlin has made personal data public and our company, as the controller, is obliged pursuant to Art. 17(1) GDPR to erase the personal data, BuddyBerlin shall—taking into account available technology and the cost of implementation—take reasonable measures, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure by such other controllers of any links to, or copies or replications of, those personal data, insofar as processing is not required. A BuddyBerlin employee will take the necessary steps on a case-by-case basis.
   5. Right to restriction of processing
      Any person affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the restriction of processing if one of the following conditions applies:
      The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data to verify.
      The processing is unlawful, the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
      The controller no longer needs the personal data for the purposes of the processing, but the data subject requires them for the establishment, exercise, or defense of legal claims.
      The data subject has objected to the processing pursuant to Art. 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.
      If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by BuddyBerlin, they may contact an employee of the controller at any time. The BuddyBerlin employee will arrange for the restriction of the processing.
   6. Right to data portability
      Every person affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. She also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, when exercising the right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another controller, where technically feasible and provided that this does not adversely affect the rights and freedoms of others. To assert the right to data portability, the data subject may contact an employee of BuddyBerlin at any time.
   7. Right to object
      Any person affected by the processing of personal data has the right granted by the European legislator to object, on grounds relating to their particular situation, at any time to the processing of personal data concerning them which is based on Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions. In the event of an objection, BuddyBerlin will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or if the processing serves the establishment, exercise, or defense of legal claims. If BuddyBerlin processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to BuddyBerlin regarding processing for direct marketing purposes, BuddyBerlin will no longer process the personal data for these purposes. Furthermore, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them carried out by BuddyBerlin for scientific or historical research purposes or for statistical purposes pursuant to Art. 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest. To exercise the right to object, the data subject may contact any employee of BuddyBerlin directly. The data subject is also free to exercise their right to object in the context of the use of information society services—notwithstanding Directive 2002/58/EC—by means of automated procedures using technical specifications.
   8. Automated individual decision-making, including profiling
      Any person affected by the processing of personal data Every data subject has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or performing, a contract between the data subject and a data controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent. Where the decision (1) is necessary for entering into, or performing, a contract between the data subject and a data controller, or (2) is based on the data subject’s explicit consent, BuddyBerlin shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision. If the data subject wishes to assert rights relating to automated decision-making, they can contact an employee of the data controller at any time.Right to withdraw consent under data protection law
      Every data subject has the right, granted by the European legislator, to withdraw their consent to the processing of their personal data at any time. If the data subject wishes to exercise their right to withdraw consent, they can contact an employee of the data controller at any time.

      Data protection provisions regarding the use of Google Analytics (with anonymization function)

      The data controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of website visitors. A web analytics service collects data, among other things, about which website a data subject came from (so-called referrer), which subpages of the website were accessed, and how often and for how long a subpage was viewed. Web analytics is primarily used to optimize a website and for cost-benefit analysis of online advertising. The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. The data controller uses the extension “_gat._anonymizeIp” for web analytics via Google Analytics. This extension shortens and anonymizes the IP address of the data subject’s internet connection when our website is accessed from a member state of the European Union or from another contracting state of the Agreement on the European Economic Area. The purpose of the Google Analytics component is to analyze visitor traffic on our website. Google uses the collected data and information, among other things, to evaluate the use of our website, to compile online reports for us that show the activities on our website, and to provide other services related to the use of our website. Google Analytics places a cookie on the data subject’s information technology system. Cookies were explained above. By setting the cookie, Google is enabled to analyze the use of our website. Each time one of the individual pages of this website, which is operated by the controller and on which a Google Analytics component has been integrated, is accessed, the respective Google Analytics component automatically prompts the internet browser on the data subject’s information technology system to transmit data to Google for the purpose of online analysis. As part of this technical process, Google receives knowledge of personal data, such as the data subject’s IP address, which Google uses, among other things, to track the origin of visitors and clicks and subsequently to enable commission payments. The cookie transmits personal information, …for example, the access time, the location from which access originated, and the frequency of the data subject’s visits to our website are stored. Each time our websites are visited, this personal data—including the IP address of the internet connection used by the data subject—is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may disclose this personal data collected via the technical process to third parties. The data subject can prevent the setting of cookies by our website at any time—as previously described—by adjusting the settings of their internet browser accordingly, thereby permanently objecting to the setting of cookies. Such a setting in the internet browser used would also prevent Google from placing a cookie on the data subject’s information technology system. Furthermore, a cookie already set by Google Analytics can be deleted at any time via the internet browser or other software programs. Additionally, the data subject has the option to object to and prevent the collection of data generated by Google Analytics regarding the use of this website, as well as the processing of such data by Google. To do this, the data subject must download and install a browser add-on available at the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data or information regarding website visits may be transmitted to Google Analytics. Google treats the installation of the browser add-on as an objection. If the data subject’s information technology system is subsequently deleted, formatted, or reinstalled, the data subject must reinstall the browser add-on to disable Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person within their sphere of control, the browser add-on can be reinstalled or reactivated. Further information and Google’s applicable data protection provisions can be accessed at https://www.google.de/intl/de/policies/privacy/ and http://www.google.com/analytics/terms/de.html. Google Analytics is explained in greater detail at this link: https://www.google.com/intl/de_de/analytics/.

   9. Data protection provisions regarding the use of Google AdWords
      The controller has integrated Google AdWords into this website. Google AdWords is an internet advertising service that allows advertisers to place ads both in Google search engine results and within the Google advertising network. Google AdWords enables an advertiser to define specific keywords in advance; an ad is then displayed in Google search engine results only when the user retrieves a search result relevant to that keyword. Within the Google advertising network, ads are distributed across topically relevant websites using an automated algorithm and in accordance with the previously defined keywords. The operating company for Google AdWords services is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. The purpose of Google AdWords is to promote our website by displaying interest-based advertising on third-party websites and in Google search engine results, as well as by displaying third-party advertising on our website. If a data subject reaches our website via a Google ad, a so-called conversion cookie is stored by Google on the data subject’s information technology system. What cookies are has already been explained above. A conversion cookie expires after thirty days and is not used to identify the data subject. Provided the cookie has not yet expired, it is used to track whether specific subpages—such as the shopping cart of an online shop system—have been accessed on our website. The conversion cookie allows both us and Google to track whether a data subject who arrived at our website via an AdWords ad generated revenue—that is, completed or abandoned a purchase. The data and information collected through the use of the conversion cookie are used by Google to compile visit statistics for our website. We use these visitor statistics to determine the total number of users who were referred to us via AdWords ads, thus enabling us to assess the success or failure of each AdWords ad and optimize our AdWords ads for the future. Neither our company nor other Google AdWords advertisers receive any information from Google that could identify the data subject. The conversion cookie stores personal information, such as the websites visited by the data subject. Therefore, with each visit to our website, personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google in the United States. This personal data is stored by Google in the United States. Google may share this personal data, collected via this technical process, with third parties. As described above, the data subject can prevent the setting of cookies by our website at any time by adjusting the settings of their internet browser and thus permanently object to the setting of cookies. Such a setting in the internet browser used would also prevent Google from placing a conversion cookie on the data subject’s information technology system. Furthermore, a cookie already placed by Google AdWords can be deleted at any time via the internet browser or other software programs. The data subject also has the option to object to interest-based advertising by Google. To do this, the data subject must access the link www.google.de/settings/ads from each internet browser they use and configure the desired settings there. Further information and Google’s applicable privacy policy can be found at https://www.google.de/intl/de/policies/privacy/.Legal Basis for Processing

      Article 6(1)(a) GDPR serves as the legal basis for our company’s processing operations where we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to such processing operations that are necessary for carrying out pre-contractual measures, such as in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured on our premises and their name, age, health insurance details, or other vital information had to be disclosed to a doctor, hospital, or other third party. In this case, the processing would be based on Article 6(1)(d) GDPR. Ultimately, processing operations could be based on Article 6(1)(f) GDPR. This legal basis applies to processing operations not covered by any of the aforementioned legal bases if the processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are permitted in particular because they have been specifically mentioned by the European legislator. He argued that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2, GDPR).

      Legitimate interests pursued by the controller or a third party: If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of all our employees and shareholders.

      Duration for which the personal data will be stored: The criterion for the duration of storage of personal data is the respective statutory retention period. After the expiry of the …the relevant data are routinely deleted once they are no longer required for the performance or initiation of the contract.

   10. Statutory or contractual provisions regarding the provision of personal data; necessity for the conclusion of a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
       We hereby inform you that the provision of personal data is in part required by law (e.g., tax regulations) or may result from contractual provisions (e.g., information regarding the contractual partner). Sometimes, the conclusion of a contract requires the data subject to provide us with personal data that must subsequently be processed by us. For instance, the data subject is obliged to provide us with personal data when our company enters into a contract with them. Failure to provide the personal data would result in the contract with the data subject not being concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what consequences would arise from a failure to provide the personal data.
   11. Existence of automated decision-making

   No formal warning without prior contact

   Should any content or the design of individual pages or parts of this online portal infringe upon the rights of third parties or statutory provisions, or otherwise give rise to issues under competition law, we request—pursuant to Section 8 (4) of the Act Against Unfair Competition (UWG)—that you send us a prompt, sufficiently detailed, and appropriate notification without an accompanying invoice for costs. We guarantee that any passages or parts of these websites that are rightfully objected to will be removed or fully brought into compliance with legal requirements within a reasonable timeframe, without requiring you to engage legal counsel.

   We will reject in full any costs incurred without prior contact and, if applicable, file a counter-claim for violation of the aforementioned provisions.