Privacy Policy of D.LIVE GmbH & Co. Kg

The provisions of the EU General Data Protection Regulation (hereinafter referred to as GDPR) shall apply throughout Europe. Below please find information about the processing of personal data carried out by our company in accordance with the aforementioned Regulation (cf. Articles 13 and 14 GDPR). If you have any questions or comments about this Privacy Policy, you may send them to the e-mail address listed in sections 1.2 or 1.3 hereinbelow.    

1. Overview
This section of the Privacy Policy includes information on the scope of application, the data controller and the data protection officer.

1.1 Scope of application
This page includes information about the type, scope and purpose of the personal data collected by D.LIVE GmbH & Co. KG, which are processed when you access this website and during other processing in our responsibility that is not related to this website.

1.2 Data controller
Data controller – i.e., the person determining the purposes and means of the processing of personal data – in connection with the processing operations is

D.LIVE GmbH & Co. KG
 Arena-Straße 1
 40474 Düsseldorf, Germany
 Phone: +49 211 1598 - 1200
 E-mail: info(at)d-live.de

1.3 Data protection officer
You may contact our data protection officer as follows:

Contact form:
https://www.dsextern.de/anfragen
DS EXTERN GmbH
Dipl.-Kfm. Marc Althaus
Frapanweg 22
D-22589 Hamburg, Germany

2. Data processing in detail
This section of the Privacy Policy includes detailed information about the processing of personal data. For clarity, this information is structured according to specific functionalities.

2.1 General information on data processing
The following shall apply to all processing operations described hereinbelow, unless otherwise stated:

2.1.1 No obligation to provide data
There is neither a contractual nor a statutory obligation to provide personal data. You are not obligated to provide data.

2.1.2 Consequences of non-provision of data
In the case of required data (data marked as mandatory when entering), the non-provision of data will lead to the fact that the service at issue cannot be provided. Failure to provide data may mean that our services cannot be provided in the same form and quality.

2.1.3 Transfer of data to state authorities
We only transfer personal data to state authorities (including law enforcement authorities) where necessary for compliance with a legal obligation to which we are subject (legal basis: Article 6(1)(c)) GDPR) or where necessary for the assertion, exercise or defence of legal claims (legal basis Article 6(1)(f) GDPR).

2.1.4 Storage period
We do not store your data for longer than needed for the respective processing purposes. If the data are no longer required, they are regularly deleted unless their temporary retention continues to be necessary. Such reasons may include:

  • the fulfilment of storage obligations under commercial law and tax law
  • the retention of evidence for legal disputes within the scope of the statutory limitation provisions

2.1.5 Categories of recipients
In addition to the categories of recipients explicitly listed hereinbelow, personal data are also transferred to the following categories of recipients: shipping service providers, telephone and fax providers.

2.1.6 Data categories

  • Account data: login/user ID and password
  • Personal master data: title, form of address/gender, first name, surname, date of birth
  • Address data: street, street number, where applicable address additions, postcode, city, country
  • Contact details: telephone number(s), fax number(s), e-mail address(es)
  • Registration data: information about the service through which you registered; timing and technical information about registration, confirmation and deregistration; data provided by you when registering
  • Order data: products ordered, prices, payment and delivery information
  • Payment data: account data, credit card data, data on other payment services such as PayPal
  • Access data: date and time of accessing our service; referring page; pages accessed during use; session ID; in addition, the following information of the accessing computer system; IP address, browser type and version, device type, operating system and similar technical information.
  • Job application data: CV, references, proofs, work samples, certificates, images
  • Data according to Article 9 GDPR: data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade-union membership, as well as genetic data, biometric data uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
  • Company names: where they have a personal reference

2.2 Accessing the website
This section describes how we process your personal data when you access the website.


a.                  Data for processing

 

 Data category

 Purpose

 Legal basis

 Legitimate interest, where applicable 

Storage period

 

Access data

Establishing connection, displaying the contents of the service, detecting attacks on our site based on unusual activity, diagnosing errors

Safeguarding legitimate interests (Article 6(1)(f) GDPR)

Proper functioning of services, security of data and business processes, prevention of misuse, prevention of damage due to interventions in information systems

7 days

 

b.                      Recipients of the personal data

Recipient category

Data concerned

Transfer to third countries?

External content providers (e.g., providing images, videos, embedded posts from social networks, advertising banners, fonts, update information) required to display the service

Access data

Yes

IT security service providers

Access data

No

Website development providers

All categories of data listed under item a)

No

Hosting service providers

Access data

No

c. Transfer to third countries

Recipient

Guarantee according to Articles 44 et seqq. GDPR

Google LLC, USA

Consent according to Article 49(1)(a) GDPR


2.2.1 Tracking to analyse and optimise our services and their use as well as to measure the success of advertising campaigns and to optimise the display of advertising
Where we process your personal data with the help of tracking technologies to analyse and optimise our services and for advertising purposes, you will find all the necessary information in our Consent Tool. You may revoke your consent at any time by accessing the Consent Tool again.

2.2.2 Google Maps (with 2-click solution)
We use Google Maps on our website. Google Maps is a service of Google LLC (“Google”), 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

The Google Maps plug-in is integrated by embedding the service on our website via “iFrame”. When loading the iFrame, Google may collect and process information (including personal data). It cannot be ruled out that Google also transmits the information to a server in a third country. We do not collect any data when you use Google Maps via our website.

By integrating Google Maps, we pursue the purpose of being able to show you our address and to provide you with additional information for your trip. The legal basis for this data processing is your consent in accordance with Article 6(1)(a) GDPR, as the IP address is required to provide you with the content. Transfer of the data to the USA cannot be ruled out. This occurs on the legal basis of your consent pursuant to Article 49(1)(a) GDPR (third country transfer). Your consent is only effective for the duration of your session and will not be stored. You must therefore give your consent again upon your next access to the site.

For additional details see Google’s Privacy Policy, which is available at: www.google.com/policies/privacy/ Information on Google’s privacy settings is available at https://privacy.google.com/take-control.html?categories_activeEl=sign-in

2.2.3 Friendly Captcha
We use the “Friendly Captcha” service (www.friendlycaptcha.com) on our website. This service is offered by Friendly Captcha GmbH, Am Anger 3-5, 82237 Wörthsee, Germany. Friendly Captcha is used to make it more difficult for automated programmes and scripts (“bots”) to use our website. We have integrated a program code from Friendly Captcha into our website (e.g., for contact forms) for a website visitor’s device to establish a connection to the Friendly Captcha servers to receive an arithmetic problem from Friendly Captcha. The website visitor’s device solves the problem, which requires certain system resources, and sends the result to our web server. The server contacts the Friendly Captcha server via an interface to receive a response stating whether the puzzle was solved correctly by the device. Depending on the result, we may apply security rules to requests via our website and thus process or reject them, where applicable. The data are used exclusively to protect against spam and bots as described hereinabove. Friendly Captcha will not set or read any cookies on a website visitor’s device. IP addresses are only stored in hashed (one-way encrypted) form and will not allow us and Friendly Captcha to draw any conclusions about an individual. Where personal data are stored, such data will be deleted within 30 days. Processing is carried out in accordance with Article 6(1)(f) GDPR on the basis of our legitimate interest in protecting our website against abusive access by bots, i.e., spam protection and protection against attacks (e.g., mass requests). There will be no transfer of personal data to recipients outside the EU.

For additional details see Friendly Captcha’s Privacy Policy at https://friendlycaptcha.com/legal/privacy-end-users/.

2.3. Social media presence

2.3.1 Facebook
Under the URL https://www.facebook.com/D.LIVE.duesseldorf we operate a fan page on the social network “Facebook”, which is operated by Meta Platforms Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). Facebook’s Privacy Policy is available at: https://www.facebook.com/about/privacy

Accessing and every interaction on our Facebook fan page will lead to the processing of personal data, irrespective of whether you have an account with Facebook or not. If you are logged in with your Facebook account while accessing our Facebook fan page, Facebook and/or its affiliated companies may combine the information about accessing the Facebook fan page with your account information and may use this to create profiles. If you do not wish to be profiled in this manner, please log out of your Facebook account prior to accessing our Facebook fan page.

Facebook provides us with statistical data on the use of our Facebook fan page via the “Facebook Insights” function. These data include information such as gender, age range, location, page views, interactions and information on paid activities, reach, accounts reached, impressions and impressions per day. Please note: We are unable to obtain information about individual visitors to our Facebook presence from such data. We use the data generated by “Facebook Insights” on the basis of Article 6(1)(f) GDPR, with our legitimate interests consisting of rendering our Facebook presence more attractive and providing it with content relevant to interests.

As we are jointly responsible with Facebook for the processing of your data on our Facebook presence, we have entered into an agreement with Facebook, whose content you may access at: https://www.facebook.com/legal/terms/page_controller_addendum. As a data subject, you are entitled to the rights set out in section III. of this Privacy Policy. At your discretion, you may assert these rights against us (cf. section I.3 above) or directly against Facebook at https://www.facebook.com/help/contact/540977946302970. If you assert your rights against us, we will forward your requests to Facebook in accordance with our agreement with Facebook.

2.3.2 Instagram
Under the URL https://www.instagram.com/dlive_dus/ we operate a presence on the platform “Instagram.com”, which is operated by Meta Platforms Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). The Instagram Privacy Policy is available at: https://help.instagram.com/519522125107875/

Accessing and every interaction on our Instagram presence will lead to the processing of personal data, irrespective of whether you have an account with Instagram or Facebook or not. If you are logged in with your Facebook account while accessing our Instagram presence, Facebook as the operator of Instagram and/or its affiliated companies may combine the information about accessing our Instagram presence with your account information and may use this to create profiles. If you do not wish to be profiled in this manner, please log out prior to accessing our Instagram presence.
 
Facebook provides us with statistical data on the use of our Instagram presence via the “Instagram Insights” function. These data include information such as gender, age range, location, page views, interactions and information on paid activities, reach, accounts reached, impressions and impressions per day. Please note: We are unable to obtain information about individual visitors to our Instagram presence from such data. Our use of the data generated by “Instagram Insights” is based on Article 6(1)(f) GDPR, with our legitimate interests consisting of rendering our Instagram presence more attractive and providing it with content relevant to interests.

As we are jointly responsible with Facebook for the processing of your data on our Instagram presence, we have entered into an agreement with Facebook, whose content you may access at: https://www.facebook.com/legal/terms/page_controller_addendum.

As a data subject, you are entitled to the rights set out in section III. of this Privacy Policy. At your discretion, you may assert these rights against us (cf. section 1.3 above) or directly against Facebook at https://help.instagram.com/contact/186020218683230. If you assert your rights against us, we will forward your requests to Facebook in accordance with our agreement with Facebook.

2.3.3 XING
We operate a presence on the social network XING under the URL https://www.xing.com/pages/d-livegmbh-co-kg. XING is operated by New Work SE, Am Strandkai 1, 20547 Hamburg, Germany. Information on which personal data are processed by XING when you visit our presence and for which purposes may be found at https://privacy.xing.com/de/datenschutzerklaerung. Our company does not collect any personal data from you when you visit our profile on XING.

2.3.4 LinkedIn
We operate a presence on the social network LinkedIn under the URL [bitte einfügen]. LinkedIn is a service of LinkedIn Ireland Unlimited Company. Information on which personal data are processed by LinkedIn when you visit our presence and for which purposes may be found at 
https://www.linkedin.com/legal/privacy-policy. D.LIVE does not collect any personal data from you when you visit our profile on LinkedIn.

We operate a presence on the social network LinkedIn under the URL [bitte einfügen]. LinkedIn is a service of LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland. Information on which personal data are processed by LinkedIn when you visit our presence and for which purposes may be found at https://www.linkedin.com/legal/privacy-policy

Accessing and every interaction on our LinkedIn presence will lead to the processing of personal data, irrespective of whether you have an account with LinkedIn or not. If you are logged in with your LinkedIn account while accessing our LinkedIn presence, LinkedIn, as the operator, may combine the information about accessing our LinkedIn presence with your account information and may use this to create profiles. If you do not wish to be profiled in this manner, please log out prior to accessing our LinkedIn presence. 

LinkedIn provides us with statistical data on the use of our LinkedIn presence via the “Page Insights” function. These data include information such as gender, age range, location, page views, interactions and information on paid activities, reach, accounts reached, impressions and impressions per day. Please note: We are unable to obtain information about individual visitors to our LinkedIn presence from such data. We use the data generated by “Page Insights” on the basis of Article 6(1)(f) GDPR, with our legitimate interests consisting of rendering our LinkedIn presence more attractive and providing it with content relevant to interests. 

As we are jointly responsible with LinkedIn for the processing of your data on our LinkedIn presence, we have entered into an agreement with LinkedIn, whose content you may access at: 

https://legal.linkedin.com/pages-joint-controller-addendum

As a data subject, you are entitled to the rights set out in section III. of this Privacy Policy. At your discretion, you may assert these rights against us (cf. section I.3 above). If you assert your rights against us, we will forward your requests to LinkedIn in accordance with our agreement with LinkedIn.

2.3.5 YouTube presence
We operate a presence on the social network YouTube under the URL https://www.youtube.com/@dlive5770. YouTube is operated by Google Ireland Limited with its registered office at Gordon House, Barrow Street, Dublin 4, D04E5W5, Ireland. Information on which personal data are processed by YouTube when you visit our presence and for which purposes may be found at: https://policies.google.com/privacy?hl=de.

Google provides us with statistical data on the use of our YouTube presence via the “YouTube Analytics” function. These data include information such as reach (e.g., unique and cumulative impressions, page views, click-through rate and behaviour, origin of clicks on our YouTube content from sources inside and outside of YouTube (such as web search, YouTube playlist)), interaction with our content (e.g., access numbers to our content, viewing time of individual content and average viewing time, most viewed and most effective content, most important comments on our content, time of viewing) and basic statistical data about our viewership (e.g., accounts reached, gender, age range, location, use of and interaction with push messages (YouTube “bell icon”), other channels & videos viewed or subscribed to).    

Please note: We are unable to obtain information about individual visitors to our YouTube presence from such data. We use the data generated by “YouTube Analytics” on the basis of Article 6 (1)(f) GDPR, with our legitimate interests consisting of rendering our YouTube presence more attractive and providing it with content relevant to interests, as well as to promote our YouTube content to specific target groups. 

Details about the evaluation options used by us through YouTube Analytics are available at the service provider at https://support.google.com/youtube/answer/9002587?hl=en#zippy=%2Creach%20%2Coverview%2Cengagement%2Caudience%2Crevenue.

Accessing and interacting with our YouTube presence will lead to the processing of personal data, irrespective of whether you have a YouTube account or not. If you are logged in with your YouTube account while accessing our YouTube presence, Google, as the operator, may combine the information about accessing our YouTube presence with your account information and may use this to create profiles. If you do not wish to be profiled in this manner, please log out prior to accessing our YouTube presence.

2.4 Electronic newsletters
We offer you the opportunity to subscribe to electronic newsletters on various topics. What happens to your personal data in connection with a subscription to these newsletters is described hereinbelow:

a. Data for processing

 Data category

 Purpose

 Legal basis

 Legitimate interest, where applicable 

Storage period

E-mail address

Verification of registration (double opt-in procedure), newsletter delivery

Consent (Article 6(1)(a) GDPR)

-

Duration of the newsletter subscription (evidence of at least three years to meet accountability obligations)

Personal master data

 

Personalisation of the newsletter

 

Consent (Article 6(1)(a) GDPR)

-

Newsletter usage profile data

Interest-oriented design of the newsletter

Consent (Article 6(1)(a) GDPR)

-

Login data

 

Traceability of successful newsletter registration/confirmation/unsubscribe request

Fulfilment of a legal obligation (Article 6(1)(c) GDPR)

-

b. Recipients of the personal data

Recipient category

Data concerned

Transfer to third countries?

Service provider for newsletter despatch Inxmail

All categories of data listed under item a)

No







2.5 Job applicant management
In an ongoing job application process, we will process your personal data as follows:

a. Data for processing

 

 Data category

 Purpose

 Legal basis

 Legitimate interest, where applicable 

Storage period

 

Personal master data,

Identification, contact, age verification

Section 26 German Federal Data Protection Act new in conjunction with Article 88 GDPR

-

6 months

 

Address data,

Identification, contact, communication for contract initiation

 

Contact details,

Identification, contact, communication for contract initiation

 

Job application data

Applicant selection

 

b. Recipients of the personal data

Recipient category

Data concerned

Transfer to third countries?

Tools or service providers, where applicable

All categories of data listed under item a)

No








2.6 Sweepstakes, loyalty programmes
Where we run loyalty programmes or sweepstakes, we will process personal data from you as follows:

a. Data for processing

 

 Data category

 Purpose

 Legal basis

 Legitimate interest, where applicable 

Storage period

 

Personal master data

 

Implementation of the sweepstakes or loyalty programme

Consent (Article 6(1)(a) GDPR), contract (Article 6(1)(b) GDPR)

-

Maximum of 6 months after the end of the sweepstakes or at the end of the loyalty programme

 

Address data

Sending the winnings

 

Consent (Article 6(1)(b) GDPR)

-

 

b. Recipients of the personal data

Internally to the department responsible for the campaign. Data will not be forwarded to departments outside our company.


2.7 Contact form
We operate a contact form under the URL https://www.d-live.de/about/kontakt. We use this to process your personal data as follows:

a. Data for processing

 

 Data category

 Purpose

 Legal basis

 Legitimate interest, where applicable 

Storage period

 

Personal master data

Collection of the name to personalise the response

Overriding legitimate interests (Article 6(1)(f) GDPR)

Personalisation of the response

3 months after completion of the request

 

Contact details

Collection of the e-mail address to transmit a reply

Overriding legitimate interests (Article 6(1)(f) GDPR)

Transmission of a reply

 

Nature and content of the enquiry

 

Internal assignment and processing of the enquiry

Overriding legitimate interests (Article 6(1)(f) GDPR)

Internal assignment and processing of the enquiry

 

b. Recipients of the personal data

Internally to the respective department responsible for the enquiry. Data will not be forwarded to departments outside our company.


2.8 Applicants and attendees for events
In this section we explain how we process personal data when you apply as a participant such as a restaurateur, exhibitor or artist, at events organised by D.LIVE:
 

a. Data for processing

 

 Data category

 Purpose

 Legal basis

 Legitimate interest, where applicable 

Storage period

 

Personal master data and contact details of contact persons of applicants/participants

Notification of events and call for applications, selecting applicants

Consent (Article 6(1)(a) GDPR) or contract (Article 6(1)(b) GDPR)

-

1 year after the end of the event or until consent is revoked

 

Company names

 

b. Recipients of the personal data

Internally to the respective department responsible for the enquiry. Data will not be forwarded to departments outside our company.

 

3. Data subject rights

3.1 right to object
You shall have the right to object at any time with effect for the future to the processing of personal data relating to you which is carried out pursuant to Article 6(1)(e) or (f) GDPR on grounds relating to your particular situation. You may exercise the right to object free of charge.

3.2. Right of access
You shall have the right to obtain from us confirmation as to whether personal data concerning you are being processed, the categories of personal data concerned, where that is the case, and to obtain further information in accordance with Article 15 GDPR.

3.3 Right to rectification
You shall have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you (Article 16 GDPR). Taking into account the purposes of the processing, you shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

3.4 Right to erasure (“right to be forgotten”)
You shall have the right to obtain from us the erase of personal data concerning you without undue delay, provided that one of the reasons set out in Article 17(1) GDPR applies and the processing is not necessary for one of the purposes governed by Article 17(3) GDPR.

3.5 Right to restriction of processing
You shall have the right to obtain from us restriction of processing of your personal data wher one of the conditions governed by Article 18(1)(a) to (d) GDPR is met.

3.6 Right to data portability
You shall have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format. Furthermore, you shall have the right to transmit those data to another controller without hindrance from us or to have the personal data transmitted directly from one controller to another, where technically feasible. This shall always apply if the basis of the data processing is consent or a contract and the data are processed automatically. Accordingly, this shall not apply to data held only in paper form.

3.7 Right of revocation in case of consent
Where the processing is based on your consent, you shall have the right to revoke your consent at any time. This shall not affect the lawfulness of the processing carried out on the basis of the consent prior to the revocation.

3.8 Right to lodge a complaint
You shall have a right to lodge a complaint with a supervisory authority. The supervisory authority responsible for us is

State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia Kavalleriestr. 2-4
40213 Düsseldorf, Germany
https://www.ldi.nrw.de

Last updated: 17 January 2023