Legal Terms of Service – Last Revised May 28, 2019
PLEASE READ THESE TERMS OF SERVICE AND THE TV Alliance GmbH PRIVACY STATEMENT CAREFULLY BEFORE USING THIS WEB SITE OR ANY OF THE TV Alliance GmbH FORUMS.
TV Alliance GmbH
This site is owned and operated by TV Alliance GmbH (“TV Alliance GmbH”). These terms of service (the “Terms of Service” or “TOS”) apply to and govern your, and any authorized user of your account, use of this site or the TV Alliance GmbH Forums (as hereinafter defined, and, collectively referred to as the “Site”). Your use of the Site signifies your agreement to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you may not access or otherwise use the Site. Before using the Site, please review the TV Alliance GmbH Privacy Statement (the “Privacy Statement”).
License to the site
TV Alliance GmbH grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with this TOS. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of this TOS.
Changes to Site and/or Terms and Conditions of Service
TV Alliance GmbH reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site or this TOS, in whole or in part, at any time. Changes to this TOS will be effective when posted. You agree to review this TOS periodically to be aware of any changes. Your continued use of the Site after any changes to this TOS are posted will be considered acceptance of those changes.
Trademarks, Copyrights & Restrictions
Except as otherwise provided herein, you may not reproduce, perform, create derivative works from, republish, upload, edit, post, transmit, or distribute in any way whatsoever, any materials from this Site or any other web site owned or operated by TV Alliance GmbH (the “Site Materials”) without the prior written permission of TV Alliance GmbH. However, you may download or make one copy of the Site Materials, and other downloadable items displayed on the Site, for personal, non-commercial home use only, provided all copyright and other notices contained in the Site Materials are left intact. Any modification of the Site Materials, or any portion thereof, or use of the Site Materials for any other purpose constitutes an infringement of TV Alliance GmbH’s copyrights and other proprietary rights. Use of the Site Materials on any other web site or other networked computer environment is prohibited without prior written permission from TV Alliance GmbH.
From time to time, and at its sole discretion, TV Alliance GmbH may make available to users certain software that may be downloaded from this Site. In the event you download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by TV Alliance GmbH. TV Alliance GmbH does not transfer title to the Software to you. You own the medium on which the Software is recorded, but TV Alliance GmbH retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
TV Alliance is pleased to review your projects. If you submit us documents, ideas, treatments, exposés, or other materials of your project(s), you hereby accept irrevocably the following conditions at the moment of submission: You acknowledge that because of our position in the television industry we receive numerous unsolicited submissions of ideas, formats, stories, suggestions and the like and that many such submissions received by us are similar to or identical to those developed by us or our employees or otherwise available to us. You agree that you will not be entitled to any compensation because of the use by us of any such similar or identical material. You further understand that we would refuse to accept and evaluate said material in the absence of your acceptance of each and all of the provisions of this covenant. You shall retain all rights to submit this or similar material to persons other than us. You acknowledge that no fiduciary or confidential relationship now exists between you and us, and you further acknowledge that no such relationships are established between you and us by reason of this covenant or by reason of your submission to us of said material. You request that we read and evaluate said material with a view to deciding whether we will undertake to acquire it. You represent and warrant that you are the author of said material, having acquired said material as the employer-for-hire of all writers thereof; that you are the present and sole owner of all right, title and interest in and to said material; that you have the exclusive, unconditional right and authority to submit and/or convey said material to us upon the terms and conditions set forth herein; that no third party is entitled to any payment or other consideration as a condition of the exploitation of said material. You agree to indemnify us from and against any and all claims, expenses, losses, or liabilities (including, without limitation, reasonable attorneys’ fees and punitive damages) that may be asserted against us or incurred by us at any time in connection with said material, or any use thereof, including without limitation those arising from any breach of the warranties and promises given by you herein.
We may use without any obligation or payment to you any of said material which is not protectable as literary property under the laws of plagiarism, or which a third person would be free to use if the material had not been submitted to him or had not been the subject of any agreement with him, or which is in the public domain. Any of said material which, in accordance with the preceding sentence, we are entitled to use without obligation to you is hereinafter referred to as “unprotected material.” If all or any part of said material does not fall in the category of unprotected material it is hereinafter referred to as “protected material.” We agree that if we use or cause to be used any protected material provided it has not been obtained from, or independently created by, another source, we will pay or cause to be paid to you an amount which is comparable to the compensation customarily paid for similar material. You agree to give us written notice by registered mail of any claim arising in connection with said material or arising in connection with this covenant, within 60 calendar days after you acquire knowledge of such claim, or of our breach or failure to perform the provisions of this covenant, or if it be sooner, within 60 calendar days after you acquire knowledge of facts sufficient to put you on notice of any such claim, or breach or failure to perform; your failure to so give you written notice will be deemed an irrevocable waiver of any rights you might otherwise have with respect to such claim, breach or failure to perform.
We shall have 60 calendar days after receipt of said notice of attempt to cure any alleged breach or failure to perform prior to the time that you may file a Demand for Arbitration. In the event of any dispute concerning said material or concerning any claim of any kind or nature arising in connection with said material or arising in connection with this covenant, such dispute will be submitted to binding arbitration. Each party hereby waives any and all rights and benefits which he or it may otherwise have or be entitled to under the laws of the State of Germany to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. Either party may commence arbitration proceedings by giving the other party written notice thereof by registered mail. The arbitration shall be conducted in Germany, and shall be governed by and subject to the laws of the Federal Republic of Germany. The arbitrators’ award shall be final and binding and a judgment upon the award may be enforced by any court of competent jurisdiction. You have retained at least one copy of said material, and you release us from any and all liability for loss or other damage to the copies of said material submitted to us hereunder. Either party to this covenant may assign or license its or their rights hereunder, but such assignment or license shall not relieve such party of its or their obligations hereunder. This covenant shall inure to the benefit of the parties hereto and their heirs, successors, representatives, assigns and licensees, and any such heir, successor, representative, assign or licensee shall be deemed a third party beneficiary under this covenant. You hereby acknowledge and agree that there are no prior or contemporaneous oral covenants in effect between us and you pertaining to said material, or pertaining to any material (including, but not limited to, covenants pertaining to the submission by me of any ideas, formats, plots, characters, or the like). You further agree that no other obligations exist or shall exist or be deemed to exist unless and until a formal written covenant has been prepared and entered into by both us and you, and then our and your rights and obligations shall be only such as are expressed in said formal written covenant.
You understand that whenever the word “we” or “our” is used above, it refers to (1) you, (2) any company affiliated with us by way of common stock ownership or otherwise, (3) our subsidiaries, (4) subsidiaries of such affiliated companies, (5) any firm, person or corporation to whom we are leasing production facilities, (6) clients of any subsidiary or affiliated company of ours, and (7) the officers, agents, servants, employees, stockholders, clients, successors and assigns of us, and of all such person, corporations referred to in (1) through (6) hereof. If said material is submitted by more than one person, the word “you” shall be deemed changed to “we” and this covenant will be binding jointly and severally upon all the persons so submitting said material. Should any provision or part of any provision be void or unenforceable, such provision or part thereof shall be deemed omitted, and this covenant with such provision or part thereof omitted shall remain in full force and effect. This covenant shall be governed by the laws of the Federal Republic of Germany applicable to covenants executed and to be fully performed therein. You have read and understand this covenant and no oral representations of any kind have been made to you and this covenant states our entire understanding with reference to the subject matter hereof.
TV Alliance GmbH is not necessarily affiliated with sites which may be linked to or from the Site (the “Linked Sites”) and is not responsible for their content. Links from the Site to the Linked Sites are for your convenience only and you access them at your own risk.
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose.
THE SITE, THE SITE MATERIALS, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TV Alliance GmbH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TV Alliance GmbH DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, THE SITE MATERIALS, THE FORUMS OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, SITE MATERIALS SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TV Alliance GmbH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE MATERIALS, THE FORUMS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TV Alliance GmbH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TV Alliance GmbH BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SITE MATERIALS, OR THE SOFTWARE, EVEN IF TV Alliance GmbH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TV Alliance GmbH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
We are delighted that you have shown interest in our company. Data protection is of a particularly high priority for the management of the TV Alliance GmbH. If a data subject wants to use special company services via our website, processing of personal data will become necessary.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR/DSGVO), the National Data Protection Act (BDSG) and in accordance with the country-specific data protection regulations applicable to the TV Alliance GmbH. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the TV Alliance GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of the TV Alliance GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR/DSGVO). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
- Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR/DSGVO), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
TV Alliance GmbH
Phone +43 (664) 3246.288
- Name and Address of the Data Protection Officer
The Data Protection Officer of the controller is:
Any data subject may, at any time, contact the Data Protection Officer directly with all questions and suggestions concerning data protection.
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
- Collection of general data and information
The website of the TV Alliance GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address) , (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the TV Alliance GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the TV Alliance GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
- Registration on our website
On the website of the TV Alliance GmbH, users are given the opportunity to register, sign in and visit the so called screening room. The data subject has the possibility to register on the website of the controller with the indication of personal data. The registration of the data subject requires input of the following personal data: Name, birthday, company, position, phone number, company location, email and personal contact. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes.
By registering and signing in on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The Data Protection Officer particularly designated in this data protection declaration, as well as the controller are available to the data subject in this respect as contact persons.
- Subscription to our newsletters
On the website of the TV Alliance GmbH, users are given the opportunity to subscribe to our enterprise’s newsletter. This opportunity is given twice: Either via an extra newsletter pop-up window or under Company – Newsletter. The input masks used for this purpose determine what personal data are transmitted, as well as when the newsletter is ordered from the controller.
The TV Alliance GmbH informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise’s newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.
During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.
The newsletter of the TV Alliance GmbH contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the TV Alliance GmbH may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. The TV Alliance GmbH automatically regards a withdrawal from the receipt of the newsletter as a revocation.
On the website controller offers the data subject the opportunity to contact the controller by email. In such event, information provided by the data subject is stored for the purpose of facilitating communications with the user, i.e. the data subject. No data is transferred to third parties.
- Routine erasure and blocking of personal data
The controller responsible for the processing shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
- Rights of the data subject
a) Right of confirmation
Each data subject shall have the right granted by the European legislator or other legislators in laws or regulations to which the controller is subject to to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact the Data Protection Officer of the controller.
b) Right of access
Each data subject shall have the right granted by the European legislator or other legislators in laws or regulations to which the controller is subject to to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
the existence of the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available information as to their source;
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR (DSGVO) and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may at any time contact the Data Protection Officer or another employee of the controller.
c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact the Data Protection Officer or the controller.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator or other legislators in laws or regulations to which the controller is subject to to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR (DSGVO), or point (a) of Article 9(2) of the GDPR (DSGVO), and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR (DSGVO) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR (DSGVO).
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR (DSGVO).
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the the controller, he or she may at any time contact the Data Protection Officer or the controller. The Data Protection Officer or the controller shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The Data Protection Officer or the controller will arrange the necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator or other legislators in laws or regulations to which the controller is subject to to obtain from the controller restriction of processing where one of the following applies:
The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
The data subject has objected to processing pursuant to Article 21(1) of the GDPR (DSGVO) pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the controller, he or she may at any time contact the Data Protection Officer or the controller. The Data Protection Officer or the controller will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator or other legislators in laws or regulations to which the controller is subject to, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR (DSGVO) or point (a) of Article 9(2) of the GDPR (DSGVO), or on a contract pursuant to point (b) of Article 6(1) of the GDPR (DSGVO), and the processing is carried out by automated means, as long as 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.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR (DSGVO), the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer designated by the controller or the controller.
g) Right to object
Each data subject shall have the right granted by the European legislator or other legislators in laws or regulations to which the controller is subject to to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR (DSGVO). This also applies to profiling based on these provisions.
The controller shall no longer process the personal data in the event of the objection, unless he can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.
If the controller processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the controller to the processing for direct marketing purposes, the controller will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the controller for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR (DSGVO), unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may directly contact the Data Protection Officer or the controller. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator or other legislators in laws or regulations to which the controller is subject to not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) it is based on the data subject’s explicit consent, the the controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact the Data Protection Officer or the controller.
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator or other legislators in laws or regulations to which the controller is subject to to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact the Data Protection Officer or the controller.
- Data protection provisions about the application and use of Facebook
On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network.
A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States and for data subjects living outside of the United States or Canada, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland.
With each call-up to one of the individual pages of this Internet website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.
If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.
Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.
The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.
- Legal basis for the processing
Art. 6(1) lit. a GDPR (DSGVO) serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR (DSGVO). The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR (DSGVO). In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR (DSGVO). Finally, processing operations could be based on Article 6(1) lit. f GDPR (DSGVO). This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR (DSGVO)).
- The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR (DSGVO) our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
- Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract or any other legitimate purpose as mentioned herein.
- Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded.
- Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
TV Alliance Filmproduktions- und Vertriebs GmbH
Phone +43  3246-288
Phone +49  12501-2200
Managing Director: Michael Radtke
Firmenbuchnummer: 273 846s | Landesgericht Salzburg
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