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Data Protection for mobile application

Privacy Policy for mobile applications

 

I. General information
We take the protection of your personal data very seriously and treat it confidentially and in
accordance with the statutory data protection regulations and this Data Protection Statement.
This Data Protection Statement applies to our cellular iPhone and Android apps (hereinafter
“APP”). It explains the nature, purpose and scope of data collection during APP use. We point
out that data transmission over the Internet be exposed to security gaps. A complete protection
of the data from access by third parties is not possible.

Controller (responsible entity)
The controller (responsible entity) for data processing within the framework of this APP is:

Original Berlin Historical Tours e.V. i.Gr.
Scheffelstrasse 8
10367 Berlin

Handelsregister: 95 AR 43/16 B
Registergericht: Amtsgericht Charlottenburg

Gemeinschaftlich vertretungsbefugt
Vorsitzender: Sean Ruigrok

Kontakt
Telefon: +49 157 838 93416
E-Mail: info@originalfreetours.com

The “Controller (responsible entity)” is the entity that collects, processes or uses personal data
(e.g. names, e-mail addresses, etc.).

Datenschutzbeauftragter
You can reach our Data Protection Officer under:

Original Berlin Historical Tours e.V. i.Gr.
Scheffelstrasse 8
10367 Berlin

Handelsregister: 95 AR 43/16 B
Registergericht: Amtsgericht Charlottenburg

Gemeinschaftlich vertretungsbefugt:

Vorsitzender: Sean Ruigrok

Kontakt

Telefon: +49 157 838 93416
E-Mail: info@originalfreetours.com

General storage duration of personal data
Unless otherwise specified or specifically specified in this Data Protection Statement, personal
data collected by this APP shall be stored until you request us to delete it, revoke your consent
to storage or the purpose for the data storage is no longer applicable. Insofar as there is a
statutory obligation to store or any other legally recognized reason for storing the data (e.g.
legitimate interest), the personal data concerned shall not be deleted before the respective
retention reason ceases to apply.

Legal basis for the storage of personal data
The processing of personal data is only permitted insofar as there is an effective legal basis for
the processing of such data. Insofar as we process your data, this is done regularly on the basis
of your consent pursuant to Art. 6 (1) lit. a GDPR (for example, insofar as your data is provided
voluntarily in the registration form or within the framework of the contact form), for the purpose
of fulfilling the contract in accordance with Article 6 (1) lit. b GDPR (e.g. when using in-app
purchases or the use of other fee-based APP functions) or due to legitimate interests pursuant
to Art. 6 (1) lit. f GDPR, which are always weighed taking your interests into consideration (for
example in the context of advertising campaigns). The relevant legal bases may be specified in
a separate provision within the framework of this Data Protection Statement.

Encryption
This APP uses encryption for security purposes and to protect the transmission of sensitive
content, such as requests you send to us as an APP operator, or communication between APP
users. This encryption prevents the data you submit from being read by unauthorized third
parties.

Change of this Data Protection Statement
We reserve the right to change these Data Protection Provisions at any time in accordance with
statutory requirements.

II. Your rights
The GDPR grants data subjects, whose personal data is processed by us specific rights, with
regard to which we would like to inform you at this juncture:
Revocation of your consent to data processing
Many data processing operations are only possible with your consent. These shall be requested
from you before the start of data processing. You can revoke this consent at any time. An
informal message by e-mail to us is sufficient. The legality of the data processing operations
carried out until the revocation remains unaffected by the revocation.
RIGHT OF OBJECTION AGAINST DATA COLLECTION IN PARTICULAR CASES AND
AGAINST DIRECT ADVERTISING (ART. 21 GDPR)
INSOFAR AS DATA PROCESSING IS BASED ON ART. 6 (1) LIT. E OR F GDPR, YOU AS A
DATA SUBJECT RESERVE THE RIGHT, AT ANY TIME, TO FILE AN OBJECTION, FOR
REASONS ARISING OUT OF ITS SPECIAL SITUATION, AGANST THE PROCESSING OF
YOUR PERSONAL DATA CONCERNED; THIS APPLIES ALSO TO A PROFILING BASED ON
THESE PROVISIONS. PLEASE REFER TO THIS DATA PROTECTION STATEMENT FOR THE
RELEVANT LEGAL BASIS PURSUNT TO WHICH A PROCESSING IS PERMITTED. INSOFAR
AS YOU FILE AN OBJECTION, WE SHALL NO LONGER PROCESS THE AFFECTED
PERSONAL DATA UNLESS WE CAN PROVIDE LEGITIMATE INTERESTS FOR
PROCESSING, WHICH TAKE PRECEDENCE OVER YOUR INTERESTS, RIGHTS AND
FREEDOMS OR INSOFAR AS THE PROCESSING SERVES THE ASSERTION, EXERCISE
OR DEFENSE OF LEGAL CLAIMS.
INSOFAR AS YOUR PERSONAL DATA IS PROCESSED FOR THEPUPOSES OF THE
EXERCISE OF DIRECT ADVERTISING, YOU RESERVE THE RIGHT TO FILE AN
OBJECTION AGAINST THE PROCESSING OF YOUR PERSONAL DATA FOR THE
PURPOSE OF SUCH ADVERTISING; THIS ALSO APPLIES TO PROFILING, INSOFAR AS IT
IS RELATED TO SUCH DIRECT ADVERTISING. INSOFAR AS YOU FILE AN OBJECTION,
YOUR PERSONAL DATA SHALL THEN NO LONGER BE USED FOR THE PURPOSES OF
DIRECT ADVERTISING.

Right of appeal to a supervisory authority
In the case of violations of the GDPR, the data subject is entitled to a right of appeal to a
supervisory authority. The right of appeal is without prejudice to any other administrative or
judicial remedies.

Information, deletion and rectification
As a data subject, you at any given time reserve the right to free information about your stored
personal data, its origin and recipients and the purpose of the data processing, as well as a right
to rectification or deletion of this data. For further information on personal data, please contact
us at any time under the address provided in the imprint.

Right to restriction of processing
As a data subject, you at any given time reserve the right to request the restriction of the
processing of your personal data. You can contact us at any time under the address provided in
the imprint. The right to restrict processing exists in the following cases:

• Insofar as you challenge the accuracy of your personal information stored with us,
whereby we usually need time to verify this. For the duration of the audit, you as a data
subject reserve the right to request the restriction of the processing of your personal
data.
• Insofar as the processing of your personal data is unlawful, you as a data subject
reserve the right to request the restriction of data processing instead of the deletion.
• Insofar as we no longer require your personal information, but you need it to exercise,
defend or assert a claim, you as a data subject reserve the right to request that your
personal information be restricted instead of deleting it.
• Insofar as you have filed an objection pursuant to Art. 21 (1) GDPR, a weighing-up of
your and our interests must be carried out. As long as it is not clear whose interests
prevail, you as a data subject reserve the right to demand the restriction of the
processing of your personal data.

Insofar as you have restricted the processing of your personal data, this data – without
prejudice to its storage – may only be used with your consent or for the purpose of asserting,
exercising or defending legal claims or protecting the rights of another natural or legal person or
for important public interests of the European Union or a Member State.

Right to data portability
You as a data subject reserve the right to have data that we automatically process on the basis
of your consent or in fulfilment of a contract, to be transmitted to you personally or to a third
party in a standard, machine-readable format. Insofar as you require the direct transmission of
the data to another controller (responsible entity), this shall only be done to the extent
technically feasible.

III. Access rights of the APP
To provide our services through the APP, we require the access rights listed below, which allow
us to access specific functions of your device.
Location data
Device number of your smartphone
Photos, videos
Camera

Access to the device functions is required to ensure the functionality of the APP. The legal basis
for this data processing is our legitimate interest within the meaning of Art. 6 (1) lit. f GDPR,
your consent within the meaning of Art. 6 (1) lit. a GDPR or – insofar as a contract has been
concluded – the fulfilment of our contractual obligations (Article 6 (1) (b) GDPR).

IV. Collection of personal data within the framework of APP use
General
When you use our APP, we collect the following personal information from you:
• First and Last Name
• E-mail address
• Usage data
• IP address
• Device identification
• Metadata

The processing of this personal data is necessary to ensure the functionality of the APP. The
legal basis for this data processing is our legitimate interest within the meaning of Art. 6 (1) lit. f
GDPR, your consent within the meaning of Art. 6 (1) lit. a GDPR or – insofar as a contract has
been concluded – the fulfilment of our contractual obligations (Article 6 (1) (b) GDPR).

Inquiry within the APP, by e-mail, telephone or fax
Insofar as you contact us (e.g. via contact form within the app, by e-mail, telephone or fax), your
request including all resulting personal data (e.g. name, request) shall be stored and processed
by us for the purpose of processing your request. The processing of this data is based on Art. 6
(1) lit. b GDPR, insofar as your request relates to the fulfilment of a contract or is required for
the implementation of pre-contractual measures. In all other cases the processing is based on
your consent (Art. 6 (1) lit. a GDPR) and / or on our legitimate interests (Art. 6 (1) lit. f GDPR),
since we have a legitimate interest in the effective processing of requests addressed to us. The
data sent by you to us by way of contact request, remain with us until you request us to delete
it, revoke your consent to storage or the purpose for data storage ceases to apply (e.g. after
completion of your request). Mandatory statutory provisions – in particular statutory retention
periods – remain unaffected. We shall not share your information without your consent.

Comment function in this APP
In addition to your comment, the comments function in this APP shall also include information
about when the comment was created and, insofar as you are not anonymous, the username
you selected. The comments are stored on the basis of your consent (Article 6 (1) (a) GDPR).
The comments and related data are stored and remain in the comment section and on our
servers until the commented content has been completely deleted.

Newsletter data
Insofar as you would like to receive the newsletter offered in our APP, we require an e-mail
address from you, as well as information that allows us to verify that you are the owner of the email address provided and consent to the receipt of the newsletter. Further data is not collected.

We use this data exclusively for the shipment of the requested information and do not pass it on
to third parties. The shipment of the newsletter is effected on the basis of your consent (Article 6
(1) (a) GDPR). You can revoke this consent at any time. The data deposited with us for the
purpose of the shipment of the newsletter shall be stored by us until the date of the cancelation
of your subscription of the newsletter and deleted after cancelation of your subscription.

V. Data Analysis
When you access our APP, your behaviour may be statistically analysed using certain analysis
tools and analysed for promotional or market research purposes or to improve our offerings.
When using such tools, we ensure compliance with Statutory Data Protection Provisions. When
using external service providers (processors), we ensure through appropriate contracts with the
service providers that the data processing complies with German and European data protection
standards.

Google Analytics Firebase
We use Google Analytics Firebase (hereafter Google Firebase) to analyse user behaviour.
Provider is Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.
Google Firebase includes several features that allow us to analyse your in-app behaviour. In
this way we can analyse, for example, your screen calls, operation of buttons, in-app purchases
or the effectiveness of advertising campaigns. We can also determine which features are
commonly or rarely used within our APP. Google Firebase stores for these purposes, among
others the number and duration of sessions, operating systems, device models, region, and a
range of other data. For a detailed overview of the data collected by Google Firebase, see:
https://support.google.com/firebase/answer/6318039?hl=de
Use of Google Firebase may require the transfer of your personal information to the United
States. Use of Google Firebase is effected to optimize this APP and improve our offerings. This
constitutes a legitimate interest within the meaning of Art. 6 (1) lit. f GDPR
For more information about Google Firebase, visit:
https://firebase.google.com/
https://www.firebase.com/terms/privacy-policy.html

Technical Support

Android and iPhone application was developed by Pascal Cabart from Studenten Webdesign. For technical support inquiries related to both apps or this website, please use this contactform.