If you have any questions, complaints or comments about the Jaxon website then please contact us at [email protected]
If you have any queries about how we use your personal data please contact us at [email protected]
The European Commission offers an Online Dispute Resolution (‘ODR’) platform on webgate.ec.europa.eu/odr.
Information according to § 36 Consumer Dispute Resolution Act upday GmbH & Co KG does at the moment not take part in a voluntary dispute resolution before a German arbitration body. There is no legal obligation to do so.
We use reasonable endeavours to ensure that the data on the Jaxon website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Jaxon website. We do not guarantee that the Jaxon website will be fault free and do not accept liability for any errors or omissions.
Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to the Jaxon website, any liability we may have for any losses or claims arising from an inability to access the Jaxon website, or from any use of the Jaxon website or reliance on the data transmitted using the Jaxon website, is excluded to the fullest extent permissible by law.
Nothing in these terms and conditions shall limit our liability for: (i) death or personal injury caused by our negligence; (ii) our fraud or wilful default; and (iii) any other liability which cannot by law be limited or excluded. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with this agreement or use of the Jaxon website save where such liability cannot be excluded by law.
Third Party Links in the Jaxon website
Where the Jaxon website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over and assume no responsibility for the contents of those sites or resources.
All information pertaining to cookies and the collection, processing and use of personal data or in connection with the Jaxon website can be found in the privacy statement of the Jaxon website.
Governing law, Jurisdiction and Dispute Resolution
Data Privacy Statement
Please note that we’re currently working on a revised and improved version of this text. We apologise for any potential discrepancies in the current version.
Thank you for your interest in upday! We need some information about you in order to offer the upday app and the Jaxon website. At upday, we take the protection of your personal data very seriously and we’ll always process your data in line with the applicable regulations for data protection, in particular the EU General Data Protection Regulation (GDPR). With this data privacy statement, we intend to fully inform you on the nature, size, and purpose of the personal data we process, and your rights as the person concerned.
1.Data Controller and General Guidelines
Your data is processed by upday GmbH & Co. KG, 65, Axel-Springer-Str., 10888 Berlin, Germany, phone: +49 30 2591 0, email: [email protected] (Service Provider as per the Telemedia Act (Telemediengesetzes,TMG)) and Data Controller as per the General Data Protection Regulation (GDPR), hereafter also referred to as “we” or “us”.
When we mention "upday" in this document, we are referring to: www.upday.com, news.upday.com, and the various upday apps including all subpages, content, and features available on these platforms (e.g. internet forums and contests). Several parts of upday are also referred to as “online services”. This also applies when we mention the website or, as the case may be, the app.
Our services are intended for the general public and not for children. We do not knowingly collect any personal data from users who are classified as children by national legislature.
2.Collection and Processing of Personal Data
Your data is processed by upday GmbH & Co. KG, 65, Axel-Springer-Str., 10888 Berlin, Germany, phone: +49 30 2591 0, email: [email protected] (Service Provider as per the Telemedia Act (Telemediengesetzes,TMG)) and Data Controller as per the General Data Protection Regulation (GDPR), hereafter also referred to as “we” or “us”. When we mention "upday" in this document, we are referring to: www.upday.com, news.upday.com and the various upday apps including all subpages, content, and features available on these platforms (e.g. internet forums and contests). Several parts of upday are also referred to as “online services”. This also applies when we mention the website or, as the case may be, the app. Our services are intended for the general public and not for children. We do not knowingly collect any personal data from users who are classified as children by national legislature.
3.Processed Data Categories
As soon as you use upday, our system will automatically collect information from your computer system. The data which may be collected during this process is, among others:
- Information on the browser type and version
- The operation system used
- Mobile device ID
- Date and time of access
- Web analytics data / pseudonym user profile (Cookie ID, Ad ID etc.)
- Websites that brought the user to our website
- Websites visited by the user from our website
In addition, we process the following personal data in case a contractual relationship between you and us exists, or when you have otherwise forwarded the data to us:
- Login information with password
- Legitimate Basis and Processing Purposes
We process your data exclusively on the basis of one or more of the applicable legal regulations. Pursuant to GDPR, personal data can be processed on the basis of a contract or on the implementation of pre-contractual measures—subject to compliance—on the basis of legitimate interests or a law, and for the protection of essential or public interests. Registration is required in order for us to provide certain content or services on our website. Every user can register themselves for free at upday by specifying their first name, last name, email address, and a password, after which your registration data is sent to us. The collection and processing of this data is carried out in line with the licence agreement between us and the user, Art. 6, § 1 b GDPR. We’ll also use the email address we collected in the course of your registration or in the context of contract management, to inform you about similar products or services as well as previously existing subscriptions or general information on upday. In this case, email address processing is carried out on the basis of our legitimate interests in requests for our products and services (Art. 6, § 1 f GDPR). In addition, we use your email address to send you our newsletter, if you’ve clearly indicated your agreement to receiving newsletter content or, as the case may be, publicity. To this effect we process your email address in order to send you the newsletter, as requested (Art. 6, § 1 f GDPR). You can always object, either in writing or per email, to the usage of your email address for such purposes taking effect in the future: 65, Axel-Springer-Str., Berlin, 10888, [email protected]. No costs will be charged other than the transmission costs according to the base rate. On the Internet, every device needs to have a clear address for the transferral of data. This is called the IP address. Preliminary storage of the IP address is technically required in order to transfer the website to the computer of the user. In doing so, we abridge IP addresses before processing, thus, any later processing will take place anonymised. Any further storage or processing related to the unabridged IP addresses will not take effect. In addition, our servers save your IP address for 14 days for the purpose of your safety. During processing operations, which are determined by one or several of the previously mentioned legislative bases, processing will take place when it’s necessary for the purpose of preserving legitimate interests, unless these legitimate interests are overridden on the basis of a comprehensive weighing of your interests, and your fundamental rights and freedoms (Art. 6, § 1 f GDPR). A legitimate interest can be assumed when the person concerned is a customer of the controller. The processing of personal data and our legitimate interest therein and, in particular, the execution of our business operations, shall be in favour of the welfare of our employees and our shareholders. Our legitimate interest in offering you custom products, informing you on our products, improvements, and quality features, as well as continuing to improve our services and products, through which we’re also able to increase our sales, is the legal basis for the purpose of Big Data processing, online behavioural advertising, web/app analysis, and advertisement ranking (gathering different selection criteria for suitable advertising). For more detail on web analytics services see section 8. You can object to data processing on the basis of legitimate interests at any time (see section 12). In case the data is processed for any other purpose than as determined by data collection, a compatibility assessment will be carried out (see Art. 6, § 4 GDPR). Subsequent processing is only permitted if the original purpose is compatible with the new purpose, or when allowed by reason of a special legal basis. Recognised compatible purposes are, among others, enforcement, exercising or defence of claims subject to civil law, insofar as no overriding interest of the person concerned exists. We will inform you in case of a change in purpose. A new data collection will take place on the grounds of a new legal basis if the new purpose is incompatible with the purpose as determined by data collection. We will inform you on the change in purpose, should this be the case.
- Data Processing Location
We will not transfer your personal data to countries outside of the European Economic Area (“EEA”) except when, in certain cases, it is permitted by the GDPR. Whether or not third parties with whom you have a contractual relationship (e.g. Facebook, if you have a Facebook account) transfer data to countries outside of the European Economic Area is not something we have any knowledge of, nor something we’re able to influence. We also process data in countries outside of the European Economic Area. To guarantee the protection of your personal rights, also in the context of these particular data transfers, we make sure to handle the contractual relationships with recipients in third party countries in compliance with the arrangement of standard contract clauses of the EU commission, corresponding to Art. 46 § 2 C, GDPR. These are available at all times via the following link: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:31995L0046. Alternatively, you can request the documents using the contact information below. With the launch of the EU-U.S. Privacy Shield on 12/07/2016, the European Commission decided that, in view of these regulations, an appropriate level of personal data protection exists (adequacy decision, Art. 45, GDPR). Further information—also on certification of the service provider we deployed—you can find on https://www.privacyshield.gov. We only use US service providers who are certified according to the EU-U.S. Privacy Shield.
- Analysis Services
- Transferring Your Data to Third Parties
We only transfer your personal data to third parties when this transfer is required in order to fulfil our contractual obligations to you, and when this takes place with or in collaboration with another provider (e.g. in case of co-operations), when we are otherwise legally entitled or required to transfer your data, or when you have given us your consent. In order to provide our services, certain departments within our organisation can be informed of selected pieces of personal data. This includes employees working in bookkeeping, product management, marketing, and IT. In certain cases we also commission and deploy external service providers or connected companies in order to process data as instructed by us. We employ service providers for the purpose of processing. They are bound by strict contractual stipulations which are in compliance with the GDPR. They are not permitted to use your data for any other purposes. The processors provide the following services to us: registration service(s), content recommendation, hosting, customer service, survey and commentary service(s), maintenance and support service(s), and web/app analysis. The data transferral to processors takes place in accordance with Art. 28, § 1 GDPR, and alternatively on the basis of our legitimate interests in economic and technical gain with the deployment of specialised contractual processors, Art. 6 § 1 f GDPR. We will transfer data to public authorities provided that we’re obliged by law or when this is allowed for reasons of data protection, for instance the police or the department of public prosecution (Art. 6, § 1 c GDPR). This data transferral is for the purpose of our legitimate interests in fighting abuse, the prosecution of criminal offence, and the protection, enforcement, and execution of claims, as long as these are not overridden by your interest in, and fundamental right to, protection of your personal data, Art. 6 § 1 f GDPR.
- Web/App Analysis Services
We deploy services which collect and interpret data for us from the website and the app in order to continuously improve and update our content in line with users’ interests, in addition to displaying behavioural online advertising. In case these service providers aren’t data controllers themselves, as defined by data protection regulations, they will always process the pseudonymised user data as bound by instructions based on a contractual processing agreement. You can deactivate future individual analysis services at any time. Below you can learn in more detail about the analysis services deployed by us:
AppNexus We use AppNexus to help us display behavioural advertising. AppNexus is an advertising service provider and a mediation platform operator (AppNexus, 28 W. 23rd Street, New York, New York, 10010, USA). AppNexus collects and stores information about your activity, which enables the analysis of your user behaviour. These profiles are used to display advertising which specifically reflects your interests. Should you not want this, you may deactivate behavioural advertising here: https://www.appnexus.com/en/company/platform-privacy-policy.
Google AdSense We integrated Google AdSense on this website. Google Adsense is an online service which enables us to advertise on third party websites. Google Adsense is based on algorithms that select advertisements displayed on third party websites which are suited to the respective websites’ content. Google AdSense allows interest-based targeting of the internet user, which is converted by generating individual user profiles. The operating company of Google AdSense component is Alphabet Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. The goal of the Google AdSense component is the integration of advertisements on our website. Google AdSense places a cookie on the information technology system of the person concerned. Through placing cookies, Alphabet Inc. is able to analyse our website usage. Each time one of the pages of our website into which a Google AdSense component is incorporated, is accessed, the internet browser on the IT system of the person concerned is automatically prompted by the respective Google AdSense component, to transfer data to Alphabet Inc for the purpose of online advertising and to calculate the respective commission fees. In the context of this technical procedure, Alphabet Inc. acquires knowledge on personal data, such as the IP address of the person concerned, which enables Alphabet Inc. to trace the origin and the clicks of the visitor, and subsequently calculate the according commission fees. The person concerned can, at any time, permanently prohibit the placement of cookies by our website, as explained above, by adjusting internet browser settings. In addition, the adjusted internet browser settings would also prohibit Alphabet Inc. to place a cookie on the IT system of the person concerned. Furthermore, any cookies which were previously placed by Alphabet Inc. can, at any time, be deleted via the internet browser or other software programmes. Google AdSense uses so-called web beacons. A web beacon is a miniature graphic image which is incorporated into a website to enable the creation of a log file record and a log file analysis, which in turn serves to conduct statistical analysis. Alphabet Inc. can, by means of the incorporated web beacon, record if and when a website has been accessed by a person concerned and which links the person concerned clicked on. Web beacons help to, among other things, determine the visitor flow of a website. Via Google AdSense, personal data and information including the IP address, which is necessary to select the displayed advertisement and determine the according commission fees, are transferred to Alphabet Inc. in the United States of America. The personal data are stored and processed in the United States of America. Under certain circumstances, Alphabet Inc. will transfer the personal data, which was collected by means of the described technical procedures, to third parties. Google AdSense is explained in more detail here: https://www.google.co.uk/intl/de/adsense/start/.
Google AdWords We integrated AdWords into this website. Google AdWords is an internet advertising service which allows advertisers to include ads in Google search engine results as well as in Google advertising networks. Google AdWords enables advertisers to determine certain keywords in advance, by means of which an ad in the Google search engine results will be shown in case the user’s search results are relevant in relation to these keywords. In the Google advertising network, ads are distributed across websites with relevant subjects by an automated algorithm and in consideration of the previously determined keywords. The operating company of Google AdWords is Google Inc. 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. The goal of Google Adwords is to publicise our website through placing interest-based advertising on the websites of third parties and in Google search engine results, in addition to placing third party ads on our website. Google will place a so-called Conversion Cookie on the information technology system of the person concerned, should the person concerned have accessed our website via a Google ad. A conversion cookie will lose its validity after thirty days and is not used to identify the person concerned. By means of the conversion cookie, provided that the cookie is still valid, it will be determined if any subpages or, for example, the shopping basket of an online shop system on our website, have been accessed. The conversion cookie helps us, and Google, to determine if a person concerned that ended up on our website via an AdWords ad, has generated sales in terms of completing or cancelling the purchase of product(s). The data and information collected through the application of a conversion cookie is used by Google to create visitor statistics for our website. These visitor statistics are in turn used by us, to determine the total number of users which were brought to us via AdWords ads. That is to say, to determine the success or the failure of the respective AdWords ads and to optimise our future AdWords ads. Neither our company nor any other Google AdWords clients receive information from Google which can be used to identify the person concerned. Personal information is stored by means of the conversion cookie, for instance the websites visited by the person concerned. Personal data, which includes the IP address and the internet connection used by the person concerned, is stored during each visit to our website and transferred to Google in the United States of America. Google in the United States of America stores this personal data. Under certain circumstances Google will transfer the personal data collected by means of the described technical procedures, to third parties. The person concerned can, at any time, permanently prohibit the placement of cookies by our website, as explained above, by adjusting the internet browser settings. In addition, the adjusted internet browser settings would also prohibit Google to place a conversion cookie on the information technology system of the person concerned. Furthermore, any cookies which were previously placed by Google AdWords can, at any time, be deleted via the internet browser or other software programmes. Furthermore, the person concerned can object to the interest-based advertising placed by Google. In order to do this, the person concerned must access the following page: https://adssettings.google.co.uk , in each internet browser used and implement the desired adjustments. Please go to the following page for further information and to read about the data protection policies applied by Google: https://policies.google.com/privacy?hl=en&gl
Google DoubleClick We integrated components of Google DoubleClick into this website. DoubleClick is a brand of Google which predominantly markets special online marketing solutions to advertising agencies and publishing houses. The operating company of Google DoubleClick is Google Inc., Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. Each time the website is accessed, and also for clicks and other activities, Google DoubleClick transfers data to the DoubleClick server. Each data transferral prompts a cookie request for the browser of the person concerned. When the browser accepts the request, DoubleClick will place a cookie on the IT system of the person concerned. Cookies have already been explained above. The goal of cookies is to optimize and implement advertising. The cookie is used, among other things, to place and display advertisements as well as to create or improve advertising campaigns. In addition, the cookie helps to avoid multiple placements of the same advertising. DoubleClick uses a cookie ID, which is necessary to carry out technical procedures. The cookie ID is used, for instance, to display an advertisement in a browser. The cookie also helps DoubleClick to determine which advertisements have already been implemented into a browser, this in turn prevents repetition of the advertisement. Moreover, the cookie enables DoubleClick to create conversions. A conversion has taken place when a user clicks on a DoubleClick advertisement and subsequently, in the same browser, completes a purchase on the website of the advertiser. A DoubleClick cookie does not collect personal data. A DoubleClick cookie can, however, collect additional campaign identification. Campaign identification refers to the identification of a campaign with which the user has previously been connected. Each time one of the pages of our website into which a DoubleClick component has been incorporated, is accessed, the internet browser on the IT system of the person concerned is automatically prompted by the respective DoubleClick component, to transfer data to Google for the purpose of online advertising and to calculate the respective commission fees. By means of this technical procedure, Google acquires knowledge on data through which Google can calculate the according commission fees. Google can retrace, among other things, when the person concerned clicked on certain links on our website. The person concerned can, at any time, permanently prohibit the placement of cookies by our website, as explained above, by adjusting the internet browser settings. In addition, the adjusted internet browser settings would also prohibit Google to place a cookie on the IT system of the person concerned. Furthermore, any cookies which were previously placed by Google can, at any time, be deleted via the internet browser or other software programmes. Please go to the following pages for further information and to learn about the data protection policies applied by Google: https://policies.google.com/?hl=en.
Google Firebase We use Firebase, which is a real-time database through which real-time information is embedded into the website in order to acquire a better understanding of, and optimise user behaviour in, the apps. Additional Firebase features are used to help improve user navigation or generate cause analyses for app crashes. Firebase is a Google subsidiary and is based in San Francisco (CA), USA. For further information, go to the data protection statement of Firebase via the following link: https://www.firebase.com/terms/privacy-policy.html.
Google Conversion Tracking Google Conversion Tracking is a web analysis service offered by Google Inc., Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). It enables an analysis of your app usage. Generally, the generated user information is transferred to, and stored on, one of Google’s servers in the USA. In case IP anonymization is activated, Google will abridge and anonymise your IP address within EU member states and also within contractual states belonging to the European Economic Area. Only in rare cases will Google transfer the full IP address to the USA and abridge it there. Google will use this information to analyse your website(s) usage, to create reports on website activity, and to fulfil other services related to website and internet usage as agreed with the operating company. The transferred IP address for the purpose of Google Conversion Tracking will not be merged with any other Google data.
Inneractive Inneractive is a server for mobile advertising and a mediation platform. The company is run by Inneractive Ltd, 17 Hamefalsim St. Petach Tikva 4951447, P.O. Box: 3102, Israel. Inneractive collects and stores user data which it uses to create pseudonymised user profiles. These profiles are used to analyse user behaviour. With help of the analysis, directed advertising can be displayed. Upday deploys Inneractive in order to provide you with behavioural advertising. In case you don’t want to receive personalised advertising, you can “turn off personalised ads” in Google settings. In your Google account, please go to: Settings > Google > Ads.
Snowplow Snowplow is an analysation tool which is offered and run by Snowplow Analytics Limited, The Roma Building, 32-38 Scrutton Street, EC2A 4RQ, London, UK. Snowplow records the following data which is generated while using the app:
• User actions in relation to the app’s content cards (viewing, swiping, and clicks to open the card), in addition to the menu and the app settings (installed settings, etc.). • Information on the respective card (our internal card ID, the card category and its title). • App-related actions (opening the app, the app being moved to the background, app crashes). • Location of the end device during app usage (as precise as the city). This information is connected with the so-called “Unique Installation ID”, with which individual installations can be identified, this is integrated by Snowplow themselves. The data collected from your installations is used exclusively for one of the main features of the app, namely to continuously present you with content which corresponds better and more precisely to your personal interests during your use of the app. This is the only way for the app to truly become your personal news aggregator, which is also why the deployment of Snowplow for this purpose cannot be turned off. In addition, Snowplow may also be deployed for purposes which are tailored to suit a specific need, or for advertising or market research purposes, in alignment with § 15 section 3 Telemedia Act (Telemediengesetzes,TMG)).
Apptentive Apptentive is a web analysis service offered by Apptentive Inc., 24 Roy Street, #440 Seattle, WA, 98109-4018, USA. With Apptentive, the collected and stored data is used to create pseudonymised user profiles. With these profiles, visitor behaviour is analysed. The results are evaluated with the purpose of improving our services and to tailor our offers in line with market needs.
INFOnline Our application uses the INFOnline measurement procedure (“SZMnG” - INFOnline’s next generation scalable central measuring procedures, (https://www.infonline.de/en/) in order to procure statistical reports on the use of our offers. The goal of scalable measuring is to determine user intensity statistics—on the basis of a standard procedure—, the amount of application users, and user behaviour, by means of which we aim to achieve results comparable to the market norm. Members of the German Audit Bureau of Circulation (IVW – http://www.ivw.eu/englische-version), which records and audits the distribution of advertising media, participants of the Working Group for Online Media Research (AGOF, OnlineForschung, https://www.agof.de/?lang=en, and the online community Media-Analyse e.V. (agma - http://www.agma-mmc.de), regularly publish user statistics which can be accessed on the respective websites. INFOnline GmbH collects and processes data in compliance with the German data privacy laws. Technical and organisational measures ensure that individual users cannot be identified. Data which may potentially relate to an identifiable person is anonymised as early as possible, by:
- Abridging the IP address by prior to processing
- Geo-localisation to the level of province/region
- Processing of anonymised identification device numbers and anonymised login information to measure distributed usage The stored user activity is deleted after a maximum of 7 months. For more information on data protection for measuring procedures, please go to the following page on the INFOnline GmbH website: https://www.infonline.de/en/privacy-policy/. More information of AGOF data protection regulations can be found here: http://www.agof.de/datenschutz-allgemein/?lang=en. And, finally, information on data protection by IVW can be found here: http://www.ivw.eu/englische-version. Click the following link to turn off the measuring procedures:
Comscore comScore GmbH, 172 Hanauer Landstr., 60314, Frankfurt/Main collects user related data from our app. With the data, user profiles with a pseudonymised ID are created for the purposes of marketing and optimisation. Click the following link to turn off:
Turn off comScore
Turn on comScore
Media Impact GmbH & Co KG This app is offered by our online advertising distributor Media Impact GmbH & Co KG. Advertising is optimised in alignment with your predicted interests through the collection and processing of your user behaviour. As a user, you profit by receiving advertising which matches your interests instead of random advertisements. A cookie is placed onto your computer in order to collect information on your user behaviour. This cookie cannot collect any information related to personal identification. The information collected concerns your activity on apps ran by Media Impact GmbH & Co. KG (e.g. surfing behaviour, accessed subpages for internet offers, clicked banners, etc.). The collective user data is saved under a pseudonym, because of which you cannot be personally identified. The data will possible be used in connection with anonymous online survey results. Your IP address, which has been transferred for technical reasons, will be completely anonymised by a third party and will not be used for the implementation of directed advertising. The following companies are contracted by Media Impact GmbH & Co KG for the provision of user-based online advertising: 1plusx: http://1plusx.com/privacy-policy/ Nugg.ad: https://1plusx.com/privacy-policy/ AppNexus: https://www.appnexus.com/en/company/platform-privacy-policy
For more information, please visit the following page: https://www.mediaimpact.de/de/ueber-unsere-werbung Should you not want receive any more user-based online advertising, you can opt out by clicking on the following link and turning off data collection: Contact Impact GmbH: https://contactimpact.de/optout
- Social Networks
You can also find us in third party social networks, such as Facebook or Twitter. In addition, we’ve integrated some of the features of these networks into our online services. However, you’ll only be able to user these if you’re registered and logged in to the respective social network. Please note that these social networks apply user and data protection regulations which we’re not able to influence. Nevertheless, we would like to explain to you how such networks process your personal data:
Instagram We deploy components of the Instagram service. Instagram is an audio-visual platform which enables its users to share photos and videos and to transfer this data to other social networks. Instagram is operated by: Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA. Each time one of the pages of our website with an integrated Instagram component (Insta Button) is accessed, Instagram is notified on which specific subpage of our website has been visited by the person concerned. Instagram will recognise the person concerned each time they access a page on our website, if the person concerned is logged into Instagram at the same time. In addition, Instagram will be able to track the total time spent on our website, and which specific subpages have been accessed by the person concerned during this period. This information is collected by the Instagram components. Instagram attributes the data to the respective Instagram account of the person concerned. If the person concerned clicks on any Instagram buttons integrated into our website, Instagram will attribute the transferred data and information to the Instagram user account of the person concerned, and will subsequently save and process the data. If the person concerned is logged into Instagram while accessing our website, Instagram will be notified by its components of the person concerned’s visit to our website. This notification is independent of whether or not the person concerned has clicked on any of the Instagram components. No data or information will be transferred if the person concerned logs out of their Instagram account before accessing our website, should they not wish for Instagram to receive this information. For more information on the data protection regulations applied by Instagram, please go to: https://help.instagram.com/155833707900388.
Twitter We integrated components of Twitter into this website. Twitter is a multilingual, publicly accessible microblogging service. Twitter users are able to publish and spread so-called Tweets: short messages limited to 140 characters. These messages are visible to everyone, also to people who are not logged into Twitter. Followers of the respective user will also receive the tweets (followers are other Twitter users who are following tweets of a specific user). Moreover, Twitter enables its user to address the broader public by means of hashtags, links or retweets. Twitter is operated by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. Each time one of the pages on our website with an integrated Twitter component (Twitter button) is accessed, the internet browser on the IT system of the person concerned is automatically prompted by the Twitter component, to download the according Twitter image components from Twitter. Please go to the following page to learn more about Twitter buttons: https://about.twitter.com/de/resources/buttons. In the context of this technical procedure, Twitter acquires knowledge on which subpages of our website have been visited by the person concerned. The goal of integrating Twitter components is to enable our users to spread the content of this website, make this website better known in the digital word, and increase our visitor flow. Twitter will recognise the person concerned each time they access a page on our website, if the person concerned is logged into Twitter at the same time. Twitter will also be also able to track the total time spent on our website, and which specific subpages have been visited by the person concerned during this period. This information is collected by the Twitter components. Twitter attributes this data to the respective Twitter account of the person concerned. If the person concerned clicks on any Twitter buttons integrated into our website, Twitter will attribute the transferred information to the Twitter user account of the person concerned, and will save and process the personal data. If the person concerned is logged into Twitter while accessing our website, Twitter will be notified by its components of the person concerned’s visit to our website. This notification is independent of whether or not the person concerned has clicked on any of the Twitter components. No data or information will be transferred if the person concerned logs out of their Twitter account before accessing our website, should they not wish for Twitter to receive this information. Please go to the following page to learn more about the data protection regulations applied by Twitter: https://twitter.com/privacy?lang=en. Usually, the services listed above are not implemented on smartphones and tablets through the use of plugins, but by an internal “share” function. Depending on the settings, the information can also be provided to another social media service provider. Please refer to your device information for more details.
Further services we deploy are:
Getty Images We integrated components of the Getty Images company into this website. Getty Images is an American stock photo agency. A stock photo agency is a company which offers images and other image material. Generally, the merchandise of stock photo agencies consists of photographs, illustrations and film material. Various customers license their professional images on a stock photo agency, in particular website operators, editorial offices of print and TV media, and advertising agencies. The Getty Images component is operated by: Getty Images International, 1st Floor, The Herbert Building, The Park, Carrickmines, Dublin 18, Ireland. Getty Images allows the (potentially free) embedding of stock images. Embedding refers to the implementation or integration of certain third party content, for instance text, video or image data, which has been provided by an external website and subsequently appears on one’s own website. For this procedure, a so-called embed code is used. An embed-code is HMTL code which has been integrated by the website operator into a website. By default, if a website operator integrated an embed code, the external content of the other website will be displayed as soon as a website is visited. In order to display the third party content, the external content is loaded directly from the other website. Getty Images provides more information on content embedding here: https://www.gettyimages.co.uk/resources/embed. Through the implementation of the embed code, which enables the display of Getty Images material, the IP address of internet connection via which the person concerned connects to our website is transferred to Getty Images. Getty Images collects the used browser type, the browser language, and the time and the duration of the access. Moreover, Getty Images can collect navigation information, this is information about the subpages which have been visited by the person concerned and clicked links, as well as other interactions carried out by the person concerned during their visit to our website. This data may be saved and evaluated by Getty Images. Further information in addition to the data privacy regulations applied by Getty Images, can be accessed here: https://www.gettyimages.de/company/privacy-policy.
Outbrain Custom Audiences Pixel Within our web presence, we use the “Custom Audiences” pixel by Outbrain UK Limited, based in London. By means of this pixel, so-called web beacons are implemented into our webpages. When you visit our pages, a direct connection is established between your browser and the Outbrain server. Thus, Outbrain receives information from your browser that our website was accessed via your end device. Subsequently, we can select which type of advertising (e.g. visiting of a certain resort) we’ll display to our visitors. The display of advertising only takes place on external website presentations into which the Outbrain widget is integrated (see 12 d). Should you not want Custom Audiences to collect your data, please go to the following page and click “Opt out” under point 4: http://www.outbrain.com/legal/privacy. More information on the data privacy statement of Outbrain is available on: http://www.outbrain.com/legal/privacy.
Search The search functionality in upday is operated by Bing, a search engine provided by Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA ("Microsoft"). When you use this service in the app, search data will be sent to Microsoft along with other data usually transferred for such purposes on the internet, in particular your IP address and other device data. When Microsoft deliver your search results they may also offer ads which match your search, in a similar way to how a search engine in a web browser operates. If you do not wish to have data transferred to and from Microsoft, simply don't use the search function.
- Storage Duration
We only store personal data for as long as we are legally entitled to, and provided that the processing purpose is still applicable. A statutory retention period is applied to the respective storage duration of personal data. After this period has ended, the respective data is routinely deleted, as long as the data isn’t required any more for contractual fulfilment or contract initiations.
- Contact Information and Your Rights as Person concerned
Please contact our Data Security Officer in case of questions or comments on data protection, as well as the implementation of your rights as a person concerned: upday GmbH & Co. KG Datenschutz 65, Axel-Springer-Str. 10888 Berlin [email protected].
Right to information and rectification We can send you information on which, if any, personal data belonging to you is being processed by us, in addition to which of your personal data is stored. You may request a copy of this information. Furthermore, you can request to rectify discrepancies and add missing information.
Right to Erasure, right to restriction, and the right to be forgotten You can request the erasure and the restriction of your personal data. However, please note that, in some cases, we’re not able to erase all of your data. For instance, in case of legal storage obligations for contracts relating to the purchase of an upday subscription. In this case, your data will be marked with a restriction for future processing.
Right to data portability You also have the right, insofar as applicable, to the transferral of your personal data to you or another responsible party in a structured, commonly used, and machine-readable format, insofar as the processing is based on consent or on a contract, and the processing is carried out by automated means. However, this right does not apply in case the processing is not necessary for the performance of a task carried out in the public interest, or in the exercise of official authority vested in the controller. In addition, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible and insofar as the rights and freedoms of another person are not affected.
Right to Object You can retract your consent at any time by contacting the abovementioned address to take effect in the future. Furthermore, you have the right to object to the processing of personal data concerning you, which is taking place on the basis of a legitimate or public interest, on grounds relating to your particular situation. Including profiling based on these provisions. We will no longer process the personal data in case of an objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the person concerned or the processing is for the purpose of the establishment, exercise or defence of legal claims. In case we process personal data for direct marketing purposes, you will have the right to object at any time to the processing of your personal data for such marketing by contacting the abovementioned address. This also includes profiling, to the extent that it is related to such direct marketing. In addition, you have the right object to processing of your personal data on grounds relating to your particular situation, for scientific or historical research purposes or statistical purposes, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
Right to Lodge a Complaint Moreover, you have the right to legal remedy from your supervising authority as well as the possibility to lodge a complaint. The supervision authority with which the complaint has been lodged, shall inform the complainant on the progress and the outcome of the complaint including the possibility of legal remedy.
Automated decision-making We do not use any form of automated decision-making or profiling.
This app uses photos of the German Press Agency dpa and Getty Images International.
- Your Rights/Contact Information
You have the right, inter alia, to receive the data stored by us, to rectify incorrect data, and to erase or block your personal data. You can object at any time to the usage of your data. However, please note that in some cases we may not be able to erase all of your data due to legal storage obligations.
Please feel free to contact our Data Security Officer at any time:
Dr Olaf Koglin, [email protected]
We attach great importance to conciliate our services with the applicable rights. This includes the ancillary copyright for press publishers. If desired, beneficiaries of this right will receive compensation for the usage of their press releases in case the legitimate requirements are met. Providers of press articles can, of course, object to the use of their press releases at any time. Please contact: Christian Slot, [email protected]
Date: 25 May 2018