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This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the associated websites, functions and content as well as external online presences, e.g. our social media profile (hereinafter collectively referred to as the “online offer”). With regard to the terminology used, e.g. “Processing” or “responsible”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Who we are?
We are your host and responsible for your personal data.
You can reach us as follows:
Spielbank Berlin GmbH & Co. KG
Marlene-Dietrich-Platz 1, 10785 Berlin
General Managers: Gerhard Wilhelm, Marcel Langner, David Schnabel
Telefon: +49 (0)30 255 99 0 | Fax: 030 255 99 109
Who is responsible for data protection at our company (data protection officer)?
Everyone is responsible for data protection at our work. In addition, we decided to appoint a data protection officer. To ensure this person’s independence, we have hired an external consultant. This is the lawyer Dr. Stephan Gärtner. You are welcome to contact him at any time. You can reach him as follows:
Attorney Dr. Stephan Gärtner
Law office StanhopeONE
Voßstraße 20, 10117 Berlin
Telefon: +49 (0)30 81866371 | Fax: +49 (0)30 120530979
Types of data processed:
Purpose of processing:
“Personal data” is all information that relates to an identified or identifiable natural person (hereinafter “person concerned”). A natural person is considered to be identifiable if he or she can be identified directly or indirectly, in particular by assigning an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
“Processing” is any process carried out with or without the help of automated processes or any such series of processes in connection with personal data. The term goes far and covers practically every handling of data.
The “person responsible” is the natural or legal person, public authority, agency or other body that alone or together with others decides on the purposes and means of processing personal data.
Relevant legal bases
In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: the legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the performance of our services and implementation of contractual measures as well as answering inquiries is Art. 6 Para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 Para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
We ask you to regularly read up on the content of our data protection declaration. We adapt the data protection declaration as soon as the changes in the data processing we carry out make this necessary. We will inform you as soon as the changes necessitate an act of cooperation on your part (e.g. consent) or any other individual notification is required.
Cooperation with processors and third parties
If we disclose data to other people and companies (processors or third parties) as part of our processing, transmit the data to them or give them access to the data in other ways, this will only occur on the basis of legal permission (e.g. if the data is transmitted to third parties, such as payment service providers, in accordance with Art. 6 Para. 1 lit. b GDPR for the fulfillment of the contract), you have given your consent, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when drawing on agents, web hosts, etc.).
If we commission third parties to process data on the basis of a so-called “order processing contract”, this takes place on the basis of Art. 28 GDPR.
Transfers to third countries
If we process data in a third country [i.e. outside the European Union (EU) or the European Economic Area (EEA)] or if this takes place within the scope of the use of third-party services or disclosure or transmission of data to third parties, this will only occur if it happens to fulfill our (pre-) contractual obligations, based on your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 ff. GDPR are met, i.e. the processing takes place, for example, on the basis of special guarantees, such as the officially recognized aassessment of a data protection level compatible with EU guidelines (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Rights of the persons concerned
You have the right to request confirmation as to whether the data in question is being processed and for information about this data as well as for further information and a copy of the data in accordance with Art. 15 GDPR.You have according to Art. 16 GDPR the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.
You have the right to request that you receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.
You also have according to Art. 77 GDPR the right to lodge a complaint with the competent supervisory authority – the state commissioner for data protection in Berlin
Right of withdrawal
You have the right to give consent in accordance with Art. 7 Para. 3 GDPR with effect for the future.
Right to object
You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection can be made in particular against processing for direct marketing purposes.
Cookies and right to object to direct advertising
“Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit within an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie the contents of a shopping cart, for example, are saved in an online shop or a login congestion. Cookies are called “permanent” or “persistent” when they remain stored even after the browser is closed, e.g., the login status will be saved if users visit it after several days. Such a cookie can also be used to store the interests of users who are used for reach measurement or marketing purposes. A “third-party cookie” refers to cookies that are offered by providers other than the person responsible for operating the online offer (otherwise, if they are only their cookies, they are known as “first-party cookies”).
We can use temporary and permanent cookies and clarify this in the context of our data protection declaration.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
Deletion of data
The data that we process is deleted in accordance with Art. 17 and 18 GDPR or its processing is restricted. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no statutory retention requirements to prevent deletion. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted, i.e. the data will be blocked and not processed for other purposes. This applies e.g. for data that must be kept for commercial or tax law reasons.
According to legal requirements in Germany, storage is carried out in particular for ten years in accordance with §§ 147 Paragraph 1 AO, 257 Paragraph 1 No. 1 and 4, Paragraph 4 HGB (books, records, management reports, accounting documents, trading books, documents relevant for taxation, etc.) and six years according to § 257 Paragraph 1 No. 2 and 3, Paragraph 4 HGB (commercial letters).
We also process
from our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
Collection of access data and log files
Based on our legitimate interests within the meaning of Art. 6 Para. 1 lit. c. GDPR, Art. 6 Para. 1 lit. f. GDPR, we, or our hosting provider, identify data about every access to the server on which this service is located (so called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
For security reasons (e.g. to investigate misuse or fraud), log file information is stored for a maximum of seven days and then deleted. Data for which further storage is required for evidence purposes are excluded from deletion until the respective incident has been finally clarified.
Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks as well as the organization of our company, financial accounting and compliance with legal obligations, e.g. archiving. In doing so, we process the same data that we process as part of the provision of our contractual services. The processing bases are Art. 6 Para. 1 lit. c. GDPR, Art. 6 Para. 1 lit. f. GDPR. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in processing lies in the administration, financial accounting, office organization, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the information mentioned in these processing activities.
We disclose or transmit data to the financial administration, consultants, such as tax consultants or auditors as well as other fee agencies and payment service providers.
Furthermore, based on our business interests, we store information about suppliers, organizers and other business partners, e.g. for later contact. We generally store this mostly company-related data permanently.
Data protection information in the application process
We process the applicant data only for the purpose and in the context of the application process in accordance with the legal requirements. The processing of the applicant data takes place to fulfill our (pre) contractual obligations in the context of the application process within the meaning of Art. 6 Para. 1 lit. b. GDPR Art. 6 Para. 1 lit. f. GDPR if the data processing is necessary for us e.g. in the course of legal proceedings (in Germany, § 26 BDSG also applies).
The application process requires applicants to provide us with the applicant data. If we offer an online form, the necessary applicant data is marked, otherwise results from the job descriptions and this basically includes information about the person, postal and contact addresses and the documents associated with the application, such as cover letter, curriculum vitae and certificates. Apart from that, applicants can voluntarily provide us with additional information.
By submitting the application to us, the applicants consent to the processing of their data for the purposes of the application process in accordance with the type and scope set out in this data protection declaration.
Insofar as special categories of personal data within the meaning of Art. 9 Para. 1 GDPR are voluntarily communicated within the scope of the application process, their processing takes place additionally in accordance with Art. 9 Para. 2 lit. b GDPR (e.g. health data, such as severely disabled status or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 Para. 1 GDPR are requested from applicants, their processing is also carried out in accordance with Art. 9 Para. 2 lit. a GDPR (e.g. health data if this is necessary for practicing the profession).
If provided, applicants can send us their applications using an online form on our website. The data is transmitted to us encrypted in accordance with the state of the art.
Applicants can also send us their applications via e-mail. Please note, however, that e-mails are generally not sent in encrypted form and applicants must ensure that they are encrypted themselves. We therefore cannot assume any responsibility for the transmission path of the application between the sender and receipt on our server and therefore recommend using an online form or sending the application by post; applicants still have the option to do so, instead of applying via the online form and e-mail.
In the event of a successful application, we can process the data provided by the applicants further for the purposes of the employment relationship. Otherwise, if the application for a job offer is unsuccessful, the applicant’s data will be deleted. Applicant data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time.
Subject to a justified revocation of the applicant, the deletion takes place, after a period of six months, so that we can answer any follow-up questions relating to the application and meet our obligations to provide evidence from the Equal Treatment Act. Invoices for any reimbursement of travel expenses are archived in accordance with tax regulations.
Online presence in social media
We maintain online presence within social networks and platforms in order to communicate with the customers, interested parties and users active there and to be able to inform them there about our services there. When calling up the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.
Unless otherwise stated in our data protection declaration, we process the data of users provided that they communicate with us within social networks and platforms, e.g. write articles on our web pages or send us messages.
Integration of services and content from third parties
We use content or services, e-g- videos or fonts (hereinafter referred to as “content”) from third-party providers within our online offer based on our legitimate interests [i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Article 6 (1) lit. f. GDPR].
This always presupposes that the third-party providers of this content perceive the IP address of the user, since without the IP address they could not send the content to their browser. The IP address is therefore required to display this content. We endeavor to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user’s device and contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information on the use of our online offer, as well as being linked to such information from other sources.