Privacy Policy

1 General Information

The following statement informs you about what type of personal data is collected for what purpose by us as the responsible entity and to what extent this data is made accessible to third parties.

1.1 Responsible Entity and Data Protection Officer

filmtank GmbH
Reichenberger Str. 88
D-10999 Berlin
ph.: +49 (0) 30 58 58 375 30
berlin@filmtank.de

1.2 Legal Basis for Processing Your Personal Data

The processing of personal data requires a legal basis, which we would like to present to you below.
For processing of personal data for which we obtain consent from the data subject, Article 6 paragraph 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis.
For processing personal data that is necessary for the performance of a contract to which the data subject is party, Article 6 paragraph 1 lit. b GDPR serves as the legal basis. This also includes processing operations that are necessary for carrying out pre-contractual measures.
Insofar as processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Article 6 paragraph 1 lit. c GDPR serves as the legal basis.
If processing is necessary for the purposes of legitimate interests pursued by our company or by a third party, and the interests, fundamental rights and freedoms of the data subject do not override the first-mentioned interest, Article 6 paragraph 1 lit. f GDPR serves as the legal basis for processing. The legitimate interest of our company lies in conducting our business activities as well as in the analysis, optimization and maintenance of the security of our online offering.

1.3 Rights of the Data Subject

You have the right to information about the personal data stored about you with us. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the origin of your data if it was not collected from us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about the details thereof.
According to legal provisions, you also have the right to correction of incorrect data, restriction of processing, data portability and deletion of your personal data. Send us an email with the subject “Data Protection” for this purpose.
You also have the right to lodge a complaint with a data protection supervisory authority if you believe that processing of personal data concerning you violates legal provisions.
For reasons arising from your particular situation, you may object at any time to the processing of personal data concerning you carried out by us on the basis of Art. 6 para. 1 lit. e or f GDPR; this also applies to profiling based on these provisions (Art. 21 GDPR). If the legal requirements are met, we will subsequently no longer process your personal data.
In the case of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is related to such direct marketing.
Your objection results in personal data no longer being processed for these purposes.
If you have given consent, you have the right to withdraw consent at any time. This does not affect the lawfulness of processing based on consent before its withdrawal.
We do not currently carry out automated decision-making including profiling.
When you exercise a aforementioned right as a data subject, we process your personal data collected in this context to answer your inquiry. The processing of your personal data is carried out to fulfill a legal obligation.
In case of an objection, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or your personal data serves the assertion, exercise or defense of legal claims.

1.4 Storage Duration of Personal Data

Unless we have provided specific storage notices for individual points: We store personal data for the duration of the respective statutory retention period or as long as the purpose of collection exists. After expiration of the retention period, the data is routinely deleted, unless there is no requirement for contract initiation or contract fulfillment. If user data is not deleted because it is required for other legally permissible purposes, its processing is restricted as much as possible. The data is accordingly blocked where possible and not processed for other purposes. This applies, for example, to user data that must be retained for commercial or tax law reasons.

2 Contractual Processing

When you enter into or request a contractual relationship with us, we generally collect the following data: salutation, first and last name, email address, address, telephone/mobile number, information necessary for contract implementation and initiation.
We need this data so that we can identify you as a contractual partner, carry out the contract, contact you and for billing purposes. The data processing takes place at your/our request or order and is necessary for the aforementioned purposes for mutual fulfillment and obligation from the contractual relationship.
We may also process data based on legitimate interest, e.g., when asserting or defending claims from the contractual relationship. The collected personal data is stored until the expiration of the contractual relationship and then deleted, unless we are obligated to longer storage according to legal obligations due to tax and commercial law retention and documentation obligations (from HGB, StGB or AO).
We use the data of our (future) contractual partners and employees (first name, last name and possibly address) to perform checks against so-called sanctions lists. Sanctions lists are centrally established and maintained lists of persons, associations or companies against which state economic or legal restrictions have been imposed. Various regulations obligate us to take measures to prevent support for business partners, suppliers but also our (potential) employees if they are listed on the lists. We use the data solely to ensure that these persons are not listed on any of the sanctions lists. We need this information to fulfill our legal obligations and to be able to avert possible sanctions. This is also in our legitimate interest.

3 Data Processing in the Context of the Website

3.1 Log Files, Hosting

In server statistics, such data is generally stored that the browser transmits to us within the framework of our legitimate interest in analysis and for security reasons (so-called “logfiles”). We have deactivated these logfiles.
We use hosting services. These serve to provide infrastructure and platform services, computing capacity, storage space and database services, security services as well as technical maintenance services to maintain the operation of this online offering.
In this context, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, prospects and visitors of this online offering on the basis of our legitimate interests in an efficient and secure provision of this online offering.

3.2 Contact

When you contact us, e.g., by email, your information is stored by us to answer your questions.
A transfer to third parties does not generally take place unless applicable data protection regulations justify a transfer or we are legally obligated to do so. You can revoke your given consent at any time with effect for the future. In case of revocation, your data will be deleted immediately, unless there is no legal exception for further processing. Your data will otherwise be deleted when we have processed your inquiry or the purpose of storage has ceased and no other opposing legal exceptions exist.

3.3 Cookies

Cookies are small text files that are stored on your device and through which the entity that sets the cookie receives certain information. They serve to make the internet offering more user-friendly and effective and/or to facilitate your navigation on our website.
We only set cookies that are not absolutely necessary with your consent. You can revoke this consent at any time for future use.
Consent is voluntary and you can also use our website without accepting cookies. You can also configure your browser settings according to your wishes and, for example, reject the acceptance of third-party cookies or all cookies or delete already stored cookies. If you do not accept cookies, please note that in this case our offering may not function properly. Unless we provide other information for the individual topics mentioned in this privacy policy or in the cookie banner, the lifetime of cookies refers to 24 months.
Which function on our website sets cookies can be found in the individual function descriptions in our privacy policy and in the cookie banner.

4 Advertising Mailings and Information to Prospects

If you would like to receive the newsletter offered on our website, we need a valid email address from you that allows us to verify that you are the owner of the specified email address or that its owner agrees to receive the newsletter.
After providing the email address, we send you a confirmation email to the specified address, in which we ask you to confirm that you wish to receive the newsletter. If you do not confirm this within 24 hours, your data regarding newsletter delivery will be automatically deleted. If you confirm your desire to receive the newsletter, we store your email address until you unsubscribe from the newsletter.
We only send newsletters with your consent or legal permission.
You can revoke your consent to store the data, the email address and its use for sending the newsletter at any time. You can find a link to cancel the newsletter at the end of each newsletter. If a user has only registered for the newsletter and has canceled this registration, their personal data will be deleted.
We inform you that we evaluate your user behavior when sending the newsletter. For this evaluation, the sent emails contain so-called web beacons, also called tracking pixels. These are one-pixel image files that link to our website and thus enable us to evaluate your user behavior. This is done by collecting the email address as well as web beacons that are assigned to your email address and linked with a unique ID. We store the data collected in this way on our server. You can object to this tracking at any time by sending us an email.
We work with a shipping service provider. Your personal data is not otherwise passed on to third parties.

Newsletter Service: MailChimp
The newsletter is sent using “MailChimp”, a newsletter sending platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the privacy policy of the shipping service provider here: https://mailchimp.com/legal/privacy/. EU standard contractual clauses have been agreed with The Rocket Science Group LLC d/b/a MailChimp, so that possible measures to ensure European data protection law have been taken.

4.2 Information to Existing Customers

If you have concluded a contract for our services as our contractual partner, we offer you further information about our own similar services via the email address transmitted at contract conclusion (§ 7 III UWG). You can object to this transmission at any time.
These mailings are based on our legitimate advertising interest.

5 Data Transfer: General and Contractual Purpose

We transfer data to third parties when this is necessary for contract fulfillment and/or we are legally obligated and/or entitled to do so in individual cases. The data is typically transferred to commissioned service providers, including hosting, operation, maintenance and support of IT systems, communication systems and disposal under certain circumstances. Furthermore, your data may also be transmitted to postal or delivery services, house bank, tax advisor/auditor and lawyers.

6 Data Transfer: Tools in the Context of Website Operation

Partly we use external service providers within the framework of your consent or our legitimate interests with regard to analysis, optimization and economic operation of the online offering. If you have given your consent for tools not necessary for website operation, you can have these settings changed again at any time. Below we list our service providers.
If your data is to be used for other purposes, we will inform you beforehand and only use the data if you have previously expressly given your further consent.

6.1 Google Service Provider

We use services within the framework of your consent for the optimization and economic operation of our online offering for which Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”) is responsible.
Google LLC is certified under the Data Privacy Framework and EU standard contractual clauses have been concluded, so that possible measures to ensure European data protection law have been taken.

6.1.1 Google Analytics

This website uses Google Analytics as a web analysis service based on your consent. Google Analytics uses so-called “cookies”, text files that are stored on your computer and that enable an analysis of your use of the website. The information generated by the cookie about your use of this website (including your IP address) is transmitted to a Google server in the USA and stored there.
We point out that this website uses Google Analytics with IP anonymization and therefore IP addresses are shortened by Google in member states within the European Union or in other contracting states of the Agreement on the European Economic Area before transmission, in order to exclude a direct personal reference. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there.
On behalf of the provider, Google will use this information to evaluate your use of the website, to compile reports on website activities for website operators and to provide other services connected with website use and internet use. Google may also transfer this information to third parties if this is required by law or if third parties process this data on behalf of Google. According to our knowledge, Google will in no case connect your IP address with other Google data.
You can revoke your consent at any time with effect for the future by calling up the cookie settings of our website and changing your selection there. The legality of processing based on consent before revocation remains unaffected. You can also prevent the installation of cookies in advance by setting your browser software accordingly; however, we point out that in this case you may not be able to use all functions of this website to their full extent. Data collection and storage by Google can also be objected to at any time with effect for the future for the respective device in connection with use under this link:
https://tools.google.com/dlpage/gaoptout?hl=de
For data retention, Google Analytics 4 sets a maximum retention period of 14 months. Purpose and scope of data collection and further processing and use of data by Google as well as your related rights and setting options to protect your privacy can be found in Google’s privacy notices at https://marketingplatform.google.com/about/analytics/terms/de/ and at https://policies.google.com/?hl=de.

6.1.2 Google Maps

This website contains content from Google Maps. We would like to show you this embedded map material so that you can better find the places shown/mentioned. In this processing, our cooperation with Google is based on a joint controller agreement according to Art. 26 GDPR, which you can find here: https://privacy.google.com/intl/de/businesses/mapscontrollerterms
By visiting the website, the third-party provider receives the information that you have called up the corresponding subpage of our website. In addition, the data automatically sent via your browser, such as your IP address, is transmitted to Google Maps in the USA and stored there. The provider may store this data as usage profiles and use it for advertising and market research purposes. If you are logged in to Google at the same time, this data is directly assigned to your account. If you do not want the assignment to your profile, you must log out before activating the button.
We point out that we as the provider of the pages have no knowledge of the content of the transmitted data or its use by Google. Detailed information on the purpose and scope of data collection and its processing by Google Maps can be found in the provider’s privacy policy at http://www.google.de/intl/de/policies/privacy/.

6.1.3 Google Tag Manager

We use the Google Tag Manager. This allows us to manage website tags via an interface and thus, for example, integrate Google marketing services into our online offering. The Tag Manager itself does not process personal data of users. For the respective Google services, reference is made to the respective notices and usage guidelines at https://www.google.com/intl/de/tagmanager/use-policy.html.

6.2 Meta (Facebook)

We use services from Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland (“Facebook” or “Meta”) within the framework of your consent for the analysis, optimization and economic operation of our online offering.
The US company Meta Platforms Inc. is certified under the Data Privacy Framework, so that possible measures to ensure European data protection law have been taken.

Our website uses social plug-ins (“plug-ins”) from Facebook. The plug-ins are marked with a Facebook logo (white “f” on blue tile, the terms “Like”, “Gefällt mir” or a “thumbs up” sign) or the addition “Facebook Social Plug-In”.
We use the so-called 2-click solution. When you visit our site, no personal data is generally passed on to Facebook. Only when you activate the plug-in does your browser establish a direct connection with Facebook’s servers.
The content of the plug-in is transmitted directly to your browser by Facebook and integrated into the website by it. This transmits person-based information, such as your IP address, URL, date and time as well as other browser-related information to Facebook and stores it in the USA, whereby according to Facebook’s information only an anonymized IP is collected in Germany.
If you are logged in to Facebook, Facebook can assign the visit to your Facebook account. If you interact with the plug-ins, for example press the “Like” button or leave a comment, the corresponding information is transmitted directly from your browser to Facebook, stored there and communicated to your Facebook contacts depending on your Facebook settings. If you do not want this, please log out of your Facebook account (before pressing the opt-in button).
Facebook stores your data as usage profiles and uses it for advertising, market research and/or needs-based design of its website and other websites. Facebook uses cookies and similar technologies to show you advertisements on Facebook services and outside of them, regardless of whether you have a Facebook account and are logged in. Facebook already sets cookies when you visit the website www.facebook.com and forwards your data to third parties.
We point out that we as the provider of the pages have no knowledge of the content of the transmitted data or its use by Facebook. You can prevent the installation of these cookies by setting your internet browser accordingly, by specifying that all cookies from third-party providers are rejected; however, we point out that in this case you may not be able to use all functions of this website to their full extent. Purpose and scope of data collection and further processing and use of data by Facebook as well as your related rights and setting options to protect your privacy can be found in Facebook’s privacy notices at http://www.facebook.com/about/privacy/, as well as specifically for Facebook social plug-ins at https://de-de.facebook.com/help/443483272359009/.
You can additionally change your privacy settings on Facebook in your account settings.

6.3 X (Twitter)

Functions of the Twitter service are integrated on our pages. These functions are offered by Twitter International Unlimited Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland (“Twitter”). EU standard contractual clauses have been agreed with Twitter, so that possible measures to ensure European data protection law have been taken.
We use the so-called 2-click solution. When you visit our site, no personal data is generally passed on to Twitter. Only when you activate the plug-in does your browser establish a direct connection with Twitter’s servers.
The content of the plug-in is transmitted directly to your browser by Twitter and integrated into the website by it. This gives Twitter, according to its own information, information such as your IP address, URL, date and time and other browser-related log data. Twitter uses cookies and similar technologies to show you advertisements and suggestions on Twitter services, regardless of whether you have a Twitter account and are logged in. The information generated by the cookie (including your IP address) is stored on a server in the USA.
Twitter only stores tailored content together with browser cookies or device IDs and separates this from other data, such as information about visited pages. After a maximum of 10 days, Twitter begins deleting, de-identifying or capturing this data.
By using Twitter and the “Re-Tweet” function, the websites you visit are linked to your Twitter account and made known to other users. Data is also transmitted to Twitter. If you do not want this, please log out of your Twitter account (before pressing the opt-in button).
We point out that we as the provider of the pages have no knowledge of the content of the transmitted data or its use by Twitter. You can prevent the installation of these cookies by setting your internet browser accordingly, by specifying that all cookies from third-party providers are rejected; however, we point out that in this case you may not be able to use all functions of this website to their full extent. Further information can be found at https://support.twitter.com/articles/20171372-twitter-unterstutzt-die-option-do-not-track-nicht-verfolgen#. Further information on the use of your data by Twitter can be found in Twitter’s privacy policy at https://twitter.com/privacy?lang=de and at https://support.twitter.com/articles/20171570-info-zu-mageschneiderten-vorschlagen#.
You can change your privacy settings on Twitter in the account settings at http://twitter.com/account/settings.

6.4 Vimeo

With your consent, plug-ins of the video portal Vimeo of Vimeo, LLC, 555 West 18th Street, New York 10011, USA are integrated on our website. EU standard contractual clauses have been agreed with Vimeo, so that possible measures to ensure European data protection law have been taken.
If you have given your consent, each time you call up a page that offers one or more Vimeo video clips, a direct connection is established between your browser and a Vimeo server in the USA. Information about your visit and your IP address is stored there. Through interactions with the Vimeo plug-ins (e.g., clicking the start button), this information is also transmitted to Vimeo and stored there.
If you have a Vimeo user account and do not want Vimeo to collect data about you via this website and link it with your member data stored at Vimeo, you must log out of Vimeo before visiting this website.
The privacy policy for Vimeo with more detailed information on the collection and use of your data by Vimeo can be found at http://vimeo.com/privacy.

This website uses Klaro, an open-source tool for managing consent for cookies and external services. It allows users to decide on the use of certain cookies or services on our website. Klaro stores your consent or rejections in a so-called consent cookie in your browser.

6.6 datocms-assets

A web service from the company datocms.com, Dato SRL, Via Francesco Botticini 3, 50143 Florence, Italy is loaded on our website. This service involves the optimization of the display of graphic files that are stored on the server of the company https://imgix.com.
Further information on the handling of transmitted data can be found in the privacy policy of imgix.com. Link https://imgix.com/privacy

7 Data Storage Outside the EU/EEA

As recognizable from the individual tool descriptions above, we use tools from US third-party providers. Insofar as this is necessary for the communicated purposes, it may happen that your IP address is processed outside the European Economic Area in this course, where a data protection level corresponding to the European standard is not always continuously guaranteed and confirmed (for example through appropriate guarantees within the meaning of Art. 46 GDPR or an adequacy decision by the European Commission). Therefore, it cannot be excluded in particular that security authorities in a third country gain access to your IP address without you being able to take legally effective action against it.
The transmission of the IP address to these third-party providers takes place according to Art. 49 para. 1 lit. a GDPR on the basis of your consent expressly given in the consent banner. This consent is voluntary. You can revoke it at any time with effect for the future. You will not suffer any disadvantages as a result.
According to some US third-party providers, a protection level corresponding to the European standard is already guaranteed due to the conclusion of so-called standard contractual clauses as well as additionally taken measures in the sense of the Schrems-II case law. However, since the suitability of such measures to ensure a sufficient level of data protection is disputed, we have decided to transmit your IP address only with your consent.
The certification of some companies under the Data Privacy Framework (DPF) serves to ensure the level of protection and can be queried here for the companies: https://www.dataprivacyframework.gov/s/. This certification is sufficient as a measure to ensure a sufficient level of data protection.

You can find us in online presences within social networks and platforms. We want to communicate with these presences with our customers, prospects and users who are active there and inform them about our services and our company in this way.
The processing of personal data of users active there is based on our legitimate interests in communication and information provision to and with users. If consent to data processing has been given by users within the framework of the respective social platform, processing takes place on this consent basis.
When you visit one of our social media presences, we are jointly responsible with the operator of the social platform for the data processing operations triggered by this visit. You can generally assert your rights (information, correction, deletion, restriction of processing, data portability and complaint, see the following point “Rights of the data subject”) both towards us and towards the operator of the respective social platform.
We would like to point out that despite joint responsibility, we do not have full influence on the data processing operations of the social platform and may forward the rights request to the respective operator for better processing of data subject rights. Our possibilities are generally based on the company policy of the respective provider.
Our information on storage can be found below. We have no influence on the storage duration of your data that is stored by the operator of the social platform for their own purposes. For details, please inform yourself directly with the operators of the social networks (e.g., in their privacy policy, see below).
Depending on the social platform named below, data processing of users may also take place outside the European Union. EU standard contractual clauses have been agreed with US companies or they are certified under the Data Privacy Framework (DPF), so that possible measures to ensure European data protection law have been taken.
The data of users is generally processed by the platforms for market research and advertising purposes. For example, usage profiles can be created from user behavior and resulting interests of users. The usage profiles can in turn be used to place advertisements within and outside the platforms that presumably correspond to the interests of users. For this purpose, cookies are generally stored on users’ computers, in which user behavior and interests of users are stored. Data can also be stored in usage profiles regardless of the devices used by users. This happens particularly when users are members of the respective platforms and are logged in to them.
For a detailed presentation of the respective processing and objection possibilities, we refer to the information provided by the providers linked below.

8.1 Facebook (Meta)

(Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland)
Basis is an agreement on joint processing of personal data: https://www.facebook.com/legal/terms/page_controller_addendum
Privacy Policy: https://www.facebook.com/about/privacy/
Opt-Out: https://www.facebook.com/settings?tab=ads and http://www.youronlinechoices.com

8.2 Google/ YouTube

Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland)
Privacy Policy: https://policies.google.com/privacy
Opt-Out: https://adssettings.google.com/authenticated

8.3 Instagram (Meta)

(Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland)
Privacy Policy/ Opt-Out: http://instagram.com/about/legal/privacy/

8.4 LinkedIn

(LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland)
Privacy Policy https://www.linkedin.com/legal/privacy-policy
Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out

8.5 Vimeo

(Vimeo, LLC, 555 West 18th Street, New York 10011, USA)
Privacy Policy/ Opt-Out: http://vimeo.com/privacy

This privacy policy was provided by the law firm Sieling – Specialized Law Firm for IT Law.