1. Controller / Contact
The controller responsible for the processing of your personal data is
(hereinafter also referred to as “we” or “us”)
Address: UseTheNews gGmbH, Mittelweg 38, 20148 Hamburg
Phone: +49 40 4113 32131
2. Automated Data Processing
Whenever you access our website, your device automatically transmits data for technical reasons. These data are stored separately from other data, which you may transmit to us under certain circumstances:
- browser type/ -version;
- operation system used;
- the website you access;
- URL of the website visited prior to access (referrer-URL);
- date and time of access;
- HTTP-status code
The data is stored for the following purposes:
- delivering the content of our website;
- ensuring the security of our IT systems, e.g., to counter specific attacks on our systems and detect attack patterns;
- ensuring proper operation of our website and our IT systems, e.g. if errors occur that we can only rectify by storing the IP address;
- enabling criminal prosecution, averting of dangers as well as legal prosecution in the event of specific indication of criminal offenses;
For these purposes your IP address is stored for a period of 7 days.
The processing is based on our aforementioned legitimate interests, Art 6(1)(f) GDPR.
3. Making Contact
If you send or otherwise direct requests or questions at us using our general contact details above (Sec 1), we process
- your name;
- time and date of your communications as well as any further information you provide to us in your communication;
and depending on the method of communication you choose and / or the contact information you provide:
- your email address;
- your phone or fax number; and / or
- your address.
We process the aforementioned personal data to process and answer your communication. Therein also lies our legitimate interest, Art 6(1)(f) GDPR.
We use the open source analytics service Matomo on our website, which is hosted on our servers. We use Matomo without cookies. Matomo analyses your behaviour on our website based on the log files automatically created when you access the website or the information automatically transmitted by your end device (device type, screen resolution, operating system with version number, browser, geolocation) or the technical fingerprint. The IP address automatically transmitted by your end device is anonymized immediately and thus, before it is stored. We do not use the information obtained via Matomo for analysis of individual user behaviour and, in particular, do not combine this information with other information we process. Furthermore, the information obtained via Matomo is stored on our own servers and is not transmitted to third parties. We process the data based on our legitimate interest in measuring our web audience and to gain better insights on how our website is used, Art 6(1)(f) GDPR.
You have the right to object to the processing of your data in connection with Matomo by clicking here. If you have objected to the processing of your data, a so-called opt-out cookie will be dropped in your browser. This enables Matomo to identify that you have already objected to the processing or your data, including when you access our website at a later date.
This opt-out cookie is strictly necessary, so that we can comply with your objection. Legal basis for the use of this cookie is therefore Sec 25(2) No 2 German Telemdia and Telecommunication Data Protection Act (TTDSG). Please note that you have to object anew to the processing of your data in case you access our website with a different browser or in case you choose to delete the opt-out cookie on your end device.
Insofar as the use of the opt-out cookie involves the processing of personal data, this processing is based on Art 6(1)(f) GDPR. The processing is necessary so that we can comply with your objection in accordance with Art 21(1) GDPR. Therein also lies our legitimate interest.
5. Sharing Your Data
We will only share or otherwise disclose your personal data in the cases specified below:
- If necessary, for purposes of investigating the unlawful use of our website or products and services or for purposes of establishing our rights, personal data will be shared with law enforcement agencies and, where applicable, with injured third parties. Personal data will be shared, however, only if specific evidence exists, which is indicative of illicit or abusive conduct. Furthermore, we are required by law to provide information to certain public agencies. These include law enforcement agencies, government authorities that prosecute misdemeanours subject to fines, and fiscal authorities.
Your personal data may also be shared if we are subject to further claims by third parties that include disclosure your data. These may include, in particular, claims by data subjects in the context of exercising their rights under Chapter III of the GDPR.
Personal data will be shared not only on the basis of the legitimate interest we have in combatting abuse; in prosecuting crimes; and in securing, establishing, and enforcing claims, Art 6(1)(f) GDPR, but also on the basis of a statutory obligation, as contemplated by Art. 6(1)(c) GDPR.
We disclose personal data to auditors, accounting service providers, lawyers, banks, tax consultants and similar bodies insofar as this is necessary for the provision of our services (Art. 6(1)(b) GDPR) or the proper operation of our business (Art. 6(1)(f) GDPR) or we are obliged to do so (Art. 6(1)(c) GDPR).
- In providing our services and related functionalities, we rely on third-party undertakings and third party service providers (“processors” within the meaning of Art 4 No 8, 28 GDPR). In these cases, personal data are shared with these processors for further processing. These processors process personal data on our behalf and in accordance with our instructions.
• IT service provider
• Cloud service provider
• Software service provider
Sharing personal data is justified on the grounds that we have a legitimate interest in changing the form of our undertaking to align, whenever necessary, with the economic and legal particularities on the ground, Article 6(1)(f) GDPR.
6. Provision of Your Personal Data
Even though, we automatically process data when you access our website, you are not legally nor contractually obliged to provide your data in connection with the use of our website.
However, the provision of your personal data is necessary so that you can access the website and use the provided functions. In addition, the provision of your personal data is necessary so that we can process your inquiries. Without providing your personal data, you will not be able to access the website. In the case of inquiries, we cannot process your inquiry without the provision of your personal data.
7. Deletion of Personal Data
Further storage of your personal data only occurs in the following cases:
- To the extent that we are bound by law to retain your data, we will store your data throughout the time period prescribed by law (Art 6(1)(c) GDPR). In particular, statutory rules and regulations governing storage of data can arise from the retention periods contemplated by the Handelsgesetzbuch (Commercial Code) or by the Abgabenordnung (German Fiscal Code).
- To the extent the data is required for criminal prosecution or for the establishment, exercise or defence of legal claims. Therein also lies our legitimate interest, Art 6(1)(f) GDPR.
If data must be retained for the purposes detailed above, processing is restricted. The data is then no longer available for further use.
8. Your Rights
As a data subject you have the right to exercise your data subjects rights using the contact details provided in Sec 1 above. You have the following rights:
- Within the scope of Art 15 GDPR and § 34 Federal Data Protection Act (“BDSG”), you have the right to obtain from us, access to the personal data concerning you. This includes information on whether and to which extent we process data concerning you.
- Within the scope of Art. 16 GDPR, you have the right to obtain from us the rectification of any inaccurate personal data concerning you.
- Given the prerequisites described in Art 17 GDPR and § 35 BDSG, you have the right to obtain from us the erasure of personal data concerning you.
- Under Art 18 GDPR, you have the right to obtain from us the restriction of processing.
- Within the scope of Art. 20 GDPR, you have the right to receive from us the personal data concerning you, which you have provided to us, in a structured, commonly used, and machine-readable format. Further, you have the right to transmit those data to another controller.
9. Right to Object
Under Art 21 GDPR, you have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which, inter alia, is based on Art. 6(1)(e) or (f). GDPR. We shall no longer process your personal data, unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms or for the establishment, exercise, or defence of legal claims.
10. Right to Lodge a Complaint
If you are of the opinion that the processing of your personal data infringes the GDPR and / or the BDSG, you have the right to lodge a complaint with a data protection authority in accordance with Art.77 GDPR.
11. Data Processed When You Exercise Your Rights
Finally, we advise that we process the personal data transmitted by you, when you exercise your rights under Art 7(3)(1) as well as Art 15 through 22 GDPR, not only for the purpose of complying with these rights, but also so that we can demonstrate such compliance. Further, we will process your personal data to defend our legal position.
This processing is based upon the legal basis of Art 6(1)(c) GDPR in conjunction with Art 7(3)(1) and Art 15 through 22 GDPR and § 34(2) BDSG.
Further, we will process your personal data in connection with your data subject right request to defend our legal position. Therein lies our legitimate interest, Art 6(1)(f) GDPR.
Neither by law nor by contract are you required to provide your personal data, however, we may refuse to act on your request to exercise your data subject rights pursuant to Art 12(2)(2) GDPR if you do not provide us, after being requested to do so, with the data required for your identification.