FILMPUNKT GMBH

Privacy Policy

Name and contact of the controller as defined by Article 4 Para. 7 GDPR

Filmpunkt GmbH

Hildegardstr. 13

80539 Munich

Germany

Phone: +49 (0)89 383 298 18

Fax: +49 (0)89 383 298 21

Mail: info@filmpunkt.com

Security and protection of your personal data

We consider it to be a priority to maintain the confidentiality of the personal data you have provided and to protect it against unauthorised access. We therefore apply extreme care and the latest security standards in order to ensure the maximum protection of your personal data.

As a private company, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the provisions of the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG). We have taken technical and organisational measures to ensure that both we and our external service providers us comply with the data protection regulations.

Definitions

The law requires that personal data is processed lawfully, in good faith and in a manner that can be understood by the data subject (“lawfulness, processing in good faith, transparency”). In order to guarantee this, we inform you of the individual legal definitions which are also used in this data protection statement:

Personal data

“Personal data” is all information which relates to an identified or identifiable natural person (hereinafter referred to as the “data subject”); a natural person is deemed to be identifiable if he can be identified directly or indirectly, in particular by the allocation of an identifier such as a name, an identification number, location data, an online identifier or one or more distinctive features which are an expression of the physical, physiological, genetic, psychic, economic, cultural or social identify of this natural person;

Processing

“Processing” is 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, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

Restriction of processing

“Restriction of processing” is the marking of stored personal data with the aim of limiting its processing in the future.

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 analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;

Pseudonymisation

"Pseudonymisation” 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 is subject to technical and organisational measures to ensure that the personal data cannot attributed to an identified or identifiable natural person.

Filing system

“Filing system” is any structured set of personal data which is accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.

Controller

“Controller” is a 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;

Processor

“Processor” is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Recipient

“Recipient” is a natural or legal person, public authority, agency or another body, to which the personal data is 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; the processing of this data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

10. Third party

“Third party” is 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 personal data.

11. Consent

“Consent” of the data subject is 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.

Lawfulness of processing

The processing of personal data is only lawful if there is a legal basis for the processing. The legal basis for the processing may in particular be pursuant to Article 6 Para. 1 Letters a – f GDPR:

the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
processing is necessary for compliance with a legal obligation to which the controller is subject;
processing is necessary in order to protect the vital interests of the data subject or of another natural person;
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;
processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

Information about the collection of personal data

(1) In the following we inform you about the collection of personal data when you use our website. Personal data is e.g. name, address, e-mail addresses, user behaviour.

(2) If you contact us by e-mail, the data you provide us (your e-mail address, if applicable your name and telephone number) will be stored by us so that we can reply to your questions. We will delete the data collected in this connection when it no longer needs to be stored or the processing will be restricted, if there are statutory retention obligations.

Collection of personal data when you visit our website

If you use the website purely for information purposes, i.e. if you do not register or provide us with any other information to use the website, we do not collect the personal data which your browser sends to our server. If you would like to view our website, we collect the following data required by us for technical reasons in order display our website to you and to ensure stability and security (legal basis is provided by Art. 6 Para. 1 Clause. 1 Letter f GDPR):

– IP address

– Date and time of the request

– Time zone difference to Greenwich Mean Time (GMT)

– Content of the request (specific page)

– Access status/HTTP status code

– Data volume transmitted

– Website from which the request comes

– Browser

– Operating system and its interface

– Language and version of the browser software

Use of cookies

(1) In addition to the aforementioned data, when you use our website, cookies will be stored on your computer. Cookies are small text files which are stored on your hard drive, are allocated to the browser used by you and through which certain information is sent to the body which places the cookie. Cookies cannot execute any programmes or transmit viruses to your computer. They serve to make the website on the whole more user friendly and more effective.

(2) This website uses the following types of cookies, and we explain below the degree to which and how they are used:

– Transient cookies (a.)

– Persistent cookies (b.)

Transient cookies are deleted automatically when you close the browser. These include in particular the session cookies. These store a so-called session ID, with which various requests by your browser can be assigned to the shared session. As a result, your computer can be recognised when you return to the website. Session cookies are deleted when you log out or close your browser.
Persistent cookies are automatically deleted after a predetermined time, which can vary depending on the cookie. You can delete these cookies any time in the security settings of your browser.
You can configure your browser settings as you wish and, e.g., refuse the acceptance of third-party or all cookies. So-called “third-party cookies” are cookies which are placed by a third party and therefore not by the actual website you are viewing. Please note that if you deactivate cookies you may not be able to use all the functions of this website.

Further functions and offerings on our website

(1) In addition to the use of our website purely for information purposes, we also offer a range of services which you can use if you are interested. For this purpose, you usually have to provide additional personal data which we use to provide the respective service and to which the aforementioned data processing principles apply.

(2) In some cases we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are checked regularly.

(3) We can also pass on your personal data to third parties if participation in campaigns, competitions, contract completions or similar services are offered by us together with partners. You will receive further information when you provide your personal data or below in the description of the service.

(4) If our service provider or partner is based in a country outside of the European Economic Area (EEA), we will inform you of the consequences of this circumstance in the description of the service.

Children

Our service is aimed at adults. People under the age of 18 should not disclose any personal data to us without the consent of their parents or guardians.

Rights of the data subject

(1) Revocation of consent

If the processing of personal data is based on consent given, you have the right to revoke the consent at any time. The lawfulness of the processing that has taken place based on the consent up until the revocation will not be affected by the revocation.

You can contact us at any time in order to exercise your right of revocation.

(2) Right to confirmation

You have the right to receive confirmation from the controller about whether we process personal data concerning yourself. You can ask for confirmation at any time using the contact details specified above.

(3) Right to information

If personal data is processed, you can ask at any time for information about this personal data and the following:

the processing purposes;
the categories of personal data which are processed;
the recipients or categories of recipients to whom the personal data has been disclosed or is yet to be disclosed, in particular recipients in third countries or in international organisations;
if possible, the planned length of time the personal data is to be stored, or if this is not possible, the criteria for determining this length of time;
the existence of a right to correction or deletion of the personal data concerning yourself or the limitation of processing by the controller or a right to object to this processing;
the existence of a right to complain to a supervisory authority;
if the personal data is not collected from the data subject, all available information about the origin of the data;
the existence of automated decision-making including profiling according to Article 22 Paragraphs 1 and 4 GDPR and – at least in these cases– meaningful information on the logic involved and the consequences and intended effect of such processing for the data subject.

If personal data is transferred to a third country or an international organisation, you have the right to be informed of the suitable safeguards relating to the transfer pursuant to Article 46 GDPR. We will provide a copy of the personal data which is the subject matter of the processing. For all further copies which you request, we can charge an appropriate fee based on the administration costs. If you make the request electronically, the information is to be provided in a common electronic format, unless you specify otherwise. The right to receive a copy pursuant to Paragraph 3 must not affect the rights and freedoms of other persons.

(4) Right to correction

You have the right to ask us to correct immediately inaccurate personal data concerning yourself. Taking into account the processing purposes, you have the right to ask for the completion of incomplete personal data – including by means of a supplementary statement.

(5) Right to deletion (“right to be forgotten”)

You have the right to ask the controller to delete immediately personal data concerning yourself, and we have to delete personal data immediately if one of the following reasons applies:

The personal data is no longer required for the purposes for which it was collected or otherwise processed.
The data subject revokes his consent upon which the processing is based pursuant to Article 6 Paragraph 1 Letter a GDPR or Article 9 Paragraph 2 Letter a GDPR, and there is no other legal basis for the processing.
The data subject objects to the processing pursuant to Article 21 Paragraph 1 GDPR and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing pursuant to Article 21 Paragraph 2 GDPR.
The personal data was processed unlawfully.
The deletion of the personal data is required to meet a legal obligation under Union law or Member State which the controller is subject to.
The personal data was collected in relation to information society services pursuant to Article 8 Paragraph 1 GDPR.

If the controller has published personal data and is accordingly required to delete it pursuant to Paragraph 1, it will take appropriate measures, including of a technical nature, taking into account the available technology and implementation costs, to inform the persons responsible for the data processing that the data subject has asked them to delete all links to this personal data or copies or replications of this personal data.

The right to deletion (“right to be forgotten”) does not exist if the processing is necessary:

– for exercising the right of freedom of expression and information;

– for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

– for reasons of public interest in the area of public health in accordance with Article 9 Paragraph 2 Letters h and i and Article 9 Paragraph 3 GDPR;

– for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89 Paragraph 1 GDPR in so far as the right referred to in Paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

– for the establishment, exercise or defence of legal claims.

(6) Right to restriction of processing

You have the right to ask us to restrict the processing of your personal data if one of the following circumstances exists:

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;
the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of its use instead;
the controller no longer needs the personal data for the purposes of the processing, but it is required by the data subject for the establishment, exercise or defence of legal claims;
the data subject has objected to processing pursuant to Article 21 Paragraph 1 GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

Where processing has been restricted by the above, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

In order to exercise the right to restriction of processing, the data subject can contact us at any time using the contact details specified above.

(7) Right to data portability

You have the right to receive the personal data concerning yourself that you have provided us in a structured, common and machine-readable format, and you have the right to transfer this data to another controller without any hindrance from the controller to which the personal data have been provided, if

the processing is based on consent pursuant to Article 6 Paragraph 1 Letter a or Article 9 Paragraph 2 Letter a or a contract pursuant to Article 6 Paragraph 1 Letter b GDPR and
the processing is performed with the help of automated processes.

In exercising your right to data portability pursuant to Paragraph 1, you have the right to have the personal data transferred directly from one controller to another, where technically feasible. The exercising of the right to data portability will not affect the right to deletion (“right to be forgotten”). That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

(8) Right to object

You have the right to object at any time for reasons relating to your particular situation to the processing of personal data concerning yourself which is performed on the basis of Article 6 Paragraph 1 Letters e or f GDPR; this also applies to profiling based on these provisions. The controller will no longer process the personal data, unless it can provide proof of compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the enforcement, exercising or defence of legal rights.

If personal data is processed for direct advertising purposes, you have the right to object at any time to the processing of personal data concerning yourself for the purpose of such advertising; this also applies to profiling, if it is related to such direct advertising. If you object to processing for direct marketing purposes, the personal data will no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you can exercise your right to object by automated means using technical specifications.

You have the right, for reasons relating to your particular situation, to object to the processing of personal data concerning yourself for scientific or historical research purposes or statistical purposes pursuant to Article 89 Paragraph 1, unless the processing is required for the performance of a task in the public interest.

You can exercise the right to object at any time by contacting the respective controller.

(9) Automated individual decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning yourself or similarly significantly affects you. This will not apply if the decision:

is necessary for entering into, or performance of, a contract between the data subject and a data controller,
is authorised 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
is based on the data subject’s explicit consent.

The controller will take 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.

The data subject can exercise this right at any time by contacting the respective controller.

(10) Right to complain to a supervisory authority

You also have the right, without prejudice to any other administrative or non-judicial remedy, to complain to a supervisory authority, in particular in the member state of your place of residence, your place of work or the place of the alleged breach, if the data subject is of the view that the processing of the personal data concerning himself infringe provisions of this regulation.

(11) Right to an effective judicial remedy

Without prejudice to any other administrative or judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, you have the right to an effective judicial remedy if you are of the view that your rights pursuant to this regulation are infringed due to any processing of your personal data which is not in accordance with this regulation.

Use of Google Analytics

(1) This website uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, text files which are stored on your computers and allow an analysis of the use of the website. The information produced by the cookie on your use of this website will be transmitted to and stored on a Google server in the USA. In the event of IP anonymisation being activated on this website, your IP address will however be shortened beforehand within member states of the European Union or in other states signed up 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, where it will be shortened. Google will use this information on behalf of the operator of this website to analyse your use of the website, to compile reports on the website activities and perform further services related to the use of the website and internet for the website operator.

(2) The IP address transmitted by your browser while using Google Analytics will not be combined with other data held by Google.

(3) You may prevent cookies from being stored with an appropriate setting in your browser software; we point out, however, that in this case you will not have full use of all of the functions on this website. You may also prevent data generated by the cookie and relating to your use of the website (including your IP address) being collected and processed by Google by downloading and installing the browser plugin available at the link: http://tools.google.com/dlpage/gaoptout?hl=de.

Click here to opt-out of Google Analytics

(4) This website uses Google Analytics with the extension “_anonymizeIp()”. As a result IP addresses are only processed in shortened form in order to prevent a link to an individual. If the data collected by you corresponds to a personal reference, it will be excluded immediately and the personal data will be deleted immediately.

(5) You can prevent your data from being collected by Google Analytics by clicking on the following link. An opt-out cookie will be installed which will prevent your data from being collected when you visit this website in future:

Deactivate Google Analytics

(6) We use Google Analytics in order to analyse and regularly improve the use of our website. Using the statistics gathered, we can improve our website offering and make it more interesting for you as a user. For exceptional cases where personal data is transferred to the USA, Google complies with the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for use of Google Analytics is provided by Art. 6 Para. 1 Clause 1 Letter f GDPR.

(7) Information about the third-party provider: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms of service for users:

(8) This website also uses Google Analytics for a cross-device analysis of visitor flows with User ID data. You can deactivate the cross-device analysis of your usage in your customer account under “My data”, “Personal data”.

Integration of Google Maps

(1) On this website we use the offering of Google Maps. As a result, we can display interactive maps directly in the website and you have convenient use of the map function.

(2) When you visit the website, Google will be informed that you have accessed the corresponding subpage of our website. The data stated under § 3 of this statement is transmitted. This happens regardless of whether you are logged into a user account provided by Google or if you do not have a user account. If you are logged in with Google, your data will be assigned directly to your account. If you do not want the data to be assigned to your profile with Google, you have to log out before activating the button. Google stores your data as usage profiles and uses them for the purpose of advertising, market research and/or to design the website to meet the needs of users. Such an analysis is done in particular (even for users who are not logged in) to provide appropriate advertising and in order to inform other users of the social network of your activities on our website. You have the right to object to the creation of these user profiles, whereby you have to contact Google in order to exercise this right.

(3) Further information on the purpose and scope of the collection of data and its processing by the respective plugin provider can be found in the data privacy policies of the provider. These will also provide you with further information on your rights in this respect and settings options to protect your privacy: http://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and complies with the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

Contract data processor

We use an external service provider (contract data processor) e.g. for the shipment of goods, newsletters or payment processing. A separate contract data processing agreement has been concluded with the service provider in order to ensure that your personal data is protected.

We cooperate with the following service providers: Google, Paypal