Privacy policy WHYTE Label Digital GmbH

Person responsible

WHYTE Label Digital GmbH, Waßmannsdorfer Chaussee 156, 12355 Berlin (hereinafter referred to as "WHYTE"), is the controller within the meaning of the EU General Data Protection Regulation ("GDPR") for the processing of personal data in the context of the websites and the services offered through them. The respective cable network operators are solely responsible for the processing of personal data by the respective cable network operators.

If you have any questions or comments about data protection, please contact WHYTE (address: see above, e-mail: datenschutz@whyte-digital.de).

Purposes and legal bases for the processing of personal data

It is part of our service offering that we process your personal data in order to be able to offer customer-oriented services. Whenever possible, we give you the opportunity to decide freely which data you wish to share with us.

We process your data for the purposes listed below on the legal basis specified in detail:

For some processing purposes, we require your consent, which we then obtain from you separately at the appropriate point. In these cases, your data will be processed on the legal basis of Art. 6 (1) (a) GDPR. This is the case, for example, if we carry out direct advertising by telephone or email.

For analyses, statistical evaluations, targeting and retargeting, e.g. to show you advertising, we use products from other providers on these websites, including those based on cookie technology. This also takes place on the basis of your consent. Information on the processing of data using such technologies based on cookies and the tools used for this purpose, as well as your rights to prevent the use of this technical processing, can be found in the Cookie Statement section.

You can withdraw your consent at any time with effect for the future. You can find information on this in the "Your rights" section and the following sections, in which processing based on your consent is described separately (e.g. in the Cookie declaration section).

If you wish to conclude a contract with a cable network operator via the order form provided on our website, we process your data for the preparation and fulfillment of this contract on the basis of Art. 6 para. 1 letter b GDPR. This is necessary in particular for the following purposes

• Purchase of products or services for which a contractual relationship is established with you

In cases other than those mentioned above, processing is based on the need to safeguard our legitimate interests in accordance with Art. 6 para. 1 letter f GDPR, in particular to offer customer-oriented services and to advertise the same and similar products from our product portfolio. In these cases, processing is carried out for the following purposes

• Advertising for products and offers to better provide users and customers with information according to their interests and needs.
• Designing our offering to meet demand.
• Implementation of advertising success controls.
• Market research, e.g. in the form of online surveys.
• New customer acquisition.
• Advertising by e-mail to promote similar goods or services if we have received your e-mail address from you as part of the sale of a good or service (see Section 7 (3) of the Unfair Competition Act (UWG))
• Ensuring the security of our own IT systems and the optimization and functionality of our websites by logging technical usage data in log files

If the processing is carried out on the basis of our legitimate interests, you have the right to object to this (see section "Your rights" below). There is no right to object in cases where technical usage data is collected to provide our websites and this data is stored in log files for the purposes listed in this section.

We must collect and process some data due to mandatory legal regulations. In this case, the basis is Art. 6 para. 1 lit. c GDPR. This is the case, for example, if we are obliged to disclose data on the basis of a legal obligation, e.g. to law enforcement authorities, or if we have to retain data for a certain period of time on the basis of legal regulations such as commercial or tax regulations.

What personal data is processed?

We process the data that we need for the purposes stated in this privacy policy. If you are a registered user, we process your name, your address, the connection address, your payment details and the contact details under which we or the cable network operator may also be able to contact you electronically.

In addition, we collect data about your interests, which we derive from your inquiries and the use of our online portals, because our aim is to only make you offers that correspond to your wishes and interests. If we use technical processes for this purpose, e.g. on the basis of cookie technology, you can find further information and your rights in this regard in the cookie declaration section.

Some data is also transmitted automatically (mainly technical usage data). For example, your computer automatically provides us with information such as IP address, browser type or access times when you use our online portals. We need this data to optimize the display of our online offers on your hardware.

Duration of storage of your personal data

We store your data for as long as this is necessary to provide our services or to process the contract between you and the cable network operator or as long as we have a legitimate interest in further storage.

If the processing is based on your consent or on one of our legitimate interests, the data concerned will no longer be processed for the associated purpose after receipt of your revocation or objection and will be deleted if necessary, unless there are legal exceptions. Irrespective of this, data subject to retention obligations under commercial or tax law will only be deleted after the statutory periods have expired. Finally, the storage period is also assessed according to the statutory limitation periods, which can be up to thirty years, for example according to §§ 195 ff. of the German Civil Code (BGB), whereby the regular limitation period is three years.

Under certain circumstances, your data must also be stored for longer, e.g. if a ban on data deletion is ordered for the duration of the proceedings in connection with official or court proceedings.

Information on the storage period of the cookies we use can be found in the cookie declaration.

Recipient of the data

Cable network operator

As you can see from the terms of use of our websites, a contractual relationship is established between you and the respective cable network operator when you order a cable connection. For this reason, we transmit the information and personal data you provide to the cable network operator as part of the order process in order to enable the cable network operator to check and provide feedback directly to you.

Order processing

In some cases, we are supported in data processing by service providers who process personal data on our behalf. We have bound these service providers to us by means of an order processing contract in such a way that they may only process the data for our business purposes and on our instructions. The service providers primarily include technical service providers (including affiliated companies) for the maintenance, hosting and support of our IT infrastructure, including this website, as well as service providers for mailings, lead campaigns and other marketing activities.

Tracking and other cookie technology service providers

Tracking and other technical processes based on cookie technology and implemented on our websites are provided by third-party providers and data is also passed on to these third-party providers in this context. Information on the cookie procedures used and the corresponding third-party providers who offer the technical tools can be found in the Cookie Statement section.

Data transfer to third countries

As a rule, we do not transfer your data to other countries or third countries (countries that are neither members of the European Union nor of the European Economic Area) or to international organizations. However, data may be transferred to third countries in exceptional cases if this is necessary to perform services for you, is required by law or if you have given us your consent. Some of the service providers that process personal data on our behalf are located in third countries where there is not the same level of protection for your personal data as in the EU, whether due to a lack of laws, a lack of rights or a lack of supervision in these countries. The transfer of personal data to such third countries outside the EU only takes place if the European Commission has adopted a so-called adequacy decision (Art. 45 para. 3 GDPR) in this regard (see here) or if guarantees pursuant to Art. 46 GDPR are provided, in particular standard data protection clauses issued by the European Commission pursuant to Art. 46 para. 2 lit. c GDPR (see here). You can receive a copy of this on request (e.g. by email) - for contact details, see the "Controller" section above.

You can also find information on any transfers of your data to third countries in the privacy policies of the recipients who transfer data to third countries. You can also find information on this under Advanced settings of our cookie management tool, in which our cookie-based processing is described.

Your rights

If the legal requirements are met, you as the data subject are entitled to the following rights in accordance with Art. 12 to 21 GDPR:

Information

You have the right to request information about the data we have stored about you and the scope of the data processing and disclosure we have carried out and to receive a copy of the personal data we have stored about you.

Correction

You have the right to demand the immediate correction of personal data concerning you and stored about you if this data is incomplete or incorrect.

Deletion

You have the right to demand the immediate deletion of the personal data we have stored about you if the legal requirements are met.

This is particularly the case if

• your personal data are no longer required for the purposes for which they were collected;
• the legal basis for the processing was exclusively your consent and you have withdrawn this consent;
• you have objected to processing based on legitimate interests (Art. 6 (1) (f) GDPR) for personal reasons and we cannot prove that there are overriding legitimate grounds for processing;
• your personal data has been processed unlawfully; or
• your personal data must be deleted in order to comply with legal requirements.

If we have passed on your data to third parties, we will inform them of the deletion if this is required by law.

Please note the restrictions on your right to erasure. For example, we may not erase any data that we are required to retain due to statutory retention periods. Data that we require for the assertion, exercise or defense of legal claims is also excluded from your right to erasure.

Restriction of processing:

You have the right to request the restriction of processing if one of the following conditions is met:

• The accuracy of the personal data is disputed by you and we must verify the accuracy of the personal data.
• The processing is unlawful, you oppose the erasure of the personal data and request the restriction of the use of the personal data instead.
• We no longer need your personal data for the purposes of processing, but you need the data to assert, exercise or defend legal claims.
• You have objected to the processing and it is not yet clear whether our legitimate grounds override yours.

If processing is restricted, the data will be blocked centrally and - apart from being stored - will only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the EU or an EU Member State.

Data portability:

If we process your personal data that you have provided to us automatically on the basis of your consent or a contract with you, you have the right to receive the data in a structured, commonly used and machine-readable format and to transmit this data to another controller without hindrance from us. You also have the right to have the personal data transmitted directly from us to another controller, insofar as this is technically feasible.

Contradiction:

If we process your personal data on the basis of legitimate interests or in the public interest, you have the right to object to the processing of your data on personal grounds. In addition, you have an unrestricted right to object if we process your data for our direct marketing. Please see our separate note in the section "Your right to object" below.

Withdrawal of consent:

If you have given your consent to the processing of your personal data, you can revoke this at any time. Please note that the revocation is only effective for the future. Processing that took place before the revocation is not affected.

Information on how to specifically withdraw your consent can be found at the point in our online services where consent is specifically obtained and in the relevant sections of this privacy policy on processing requiring consent (e.g. in the Cookie Declaration section).

Complaint:

In addition, you have the right to lodge a complaint with a data protection supervisory authority in accordance with Art. 77 GDPR and Section 19 of the German Federal Data Protection Act (BDSG) if you believe that your personal data is being processed unlawfully. The right to lodge a complaint is without prejudice to any other administrative or judicial remedy.

Your right of objection

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (f) of Article 6(1) GDPR, including profiling based on those provisions.

We will no longer process the personal data concerning you unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.

If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.

If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

Notwithstanding Directive 2002/58/EC, you have the option of exercising your right to object in connection with the use of information society services by means of automated procedures using technical specifications.

You can contact the controller to exercise your rights. You will find the contact details in the Controller section.

Can the processing of personal data or this privacy policy change?

The handling of personal data is continuously monitored by us against the background of data protection regulations and adapted if necessary. Please take note of our privacy policy at regular intervals, which reflects the current status of our handling of personal data. We will announce any changes here or in your user account. In the event of contractual changes that affect, for example, the processing of your data for contract fulfilment and personalization of our offer, we will also inform you or the cable network operator separately by e-mail.

Cookie declaration

"Cookies" are files that are stored on your computer when you visit this website and that your browser "remembers". A cookie file is stored in your web browser and enables the website or a third-party provider to recognize you and better tailor the website to you on your next visit. Cookies and tracking pixels enable us to provide our services to you better and more efficiently and to optimize your experience on our website.

Tracking pixels are small graphic files that are connected to our servers and allow us to track your use of our website and the associated functionalities. We also use tracking pixels or GIF files to support online advertising and, where necessary, to measure reach. This enables us to evaluate how many visitors have been to our websites and which advertisements they have accessed. The information collected with cookies or GIF files does not contain your name, address, telephone number or e-mail address.

How are cookies used?

When you access and use our websites, a number of cookie files are placed in your web browser, without which the operation and display of our websites would not be possible. These cookies are technically essential, such as session cookies or cookies that store certain settings you have made (e.g. language, resolution, volume, page change) on your end device. We also use technically non-essential cookies, which are primarily set by third-party providers to compile statistics on the use of the website and to make our marketing efforts more targeted.

The specific applications used that function on the basis of cookies are described in detail in our cookie management tool under "Details". A list of the cookies used on our websites can be found in our cookie management tool under Cookies.

What options do you have with regard to cookies and on what legal basis are cookies used?

Each time you visit our websites, you can actively consent to the use of cookies that are not technically necessary for the function of our websites (usually all third-party cookies) via the cookie management tool that appears. Cookies that are not required for the function of our websites will not be set until you have given your consent. You can revoke your consent to the use of cookies and the processing that takes place via the cookie management tool at any time. You can access the cookie management tool on our websites at any time via the symbol positioned at the bottom left of the screen (overlay "Privacy settings") and via the "Cookie Manager" link.

The legal basis for this cookie-based processing based on your consent is Section 25 (1) sentence 1 TTDSG, Art. 6 (1) (a) GDPR, otherwise Section 25 (2) no. 2 TTDSG, Art. 6 (1) (f) GDPR (our legitimate interest in the purposes described in detail in our cookie management tool).

If you want to delete cookies yourself or ask your web browser to delete or prevent cookies, visit the help pages of your web browser and make the appropriate browser settings.

Other special finishes

Contact by e-mail

You can contact us via the e-mail address provided. In this case, your personal data transmitted with the e-mail will be stored.

We will only use your data to process your request and may contact you for this purpose using the contact details provided. This data will not be used for advertising purposes or passed on to third parties.

The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 (1) (f) GDPR. If the contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 sentence 1 letter b GDPR.

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For personal data sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified.

Right of objection

If you contact us by e-mail, you can object to the storage of your personal data at any time. In such a case, the conversation cannot be continued. To object to the use of your data, please send an e-mail to datenschutz@whyte-digital.de.

All personal data stored in the course of contacting us will be deleted in this case.

Google Analytics

We use the "Google Analytics" service on our websites. This is a web analysis service provided by Google Inc (https://www.google.de/intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). This service enables us to create pseudonymized user profiles and to use cookies. The information generated by the cookie about your use of the websites such as (1) browser type/version (2) operating system used (3) referrer URL (the previously visited page), (4) time and country of the server request are transmitted to a Google Inc. server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage for the purposes of market research and the needs-based design of our websites. This information may also be transferred to third parties if this is required by law or if third parties process this data on our behalf.

Under no circumstances will your IP address be merged with other Google data. The IP addresses are anonymized, so that an assignment is not possible. You can prevent the installation of cookies by selecting the appropriate settings in your browser software. You can also prevent the collection of data generated by the cookie and related to your use of the website and the processing of this data by Google Inc. by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=de). Further information on data protection in connection with Google Analytics can be found in the Google Analytics help section (https://support.google.com/analytics/answer/6004245?hl=de). The cookies are stored for a period of 14 months. Google Analytics is used for the purpose of optimizing and evaluating our website. The processing of the aforementioned data is necessary to safeguard our legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR, i.e. to carry out our business activities. When using Google services, data is transferred to countries outside the European Union or the European Economic Area. An adequate level of data protection is ensured by the use of standard contractual clauses of the EU Commission within the meaning of Art. 46 para. 2 lit. c) GDPR. You can prevent the collection of data (opt-out) via the following link: http://www.google.com/ads/preferences.

Note on data protection for external links

Our websites may contain links to our own content (internal links) or to other websites. Links to other websites or external sources with third-party content are the responsibility of the respective website provider and are not our responsibility. These third-party websites generally have their own data protection notices, in which separate information is provided on the processing procedures taking place on the corresponding websites. We recommend that you check these data protection notices before you pass on personal data to these websites.

Only when you click on an external link will data be transmitted to the link destination. The data transferred includes, in particular, your IP address, the time at which you clicked on the link and other technical usage data from your end device, the browser used, etc. Please note that clicking on external links to websites of providers based outside the EU or the EEA may be associated with particular risks. This is because countries outside the EU/EEA may not have a level of data protection comparable to that in the EU, and authorities, secret services or other government agencies may be able to access the data you transmit due to special security laws. This is the case in the USA, for example. Do not click on the external link if you have any concerns about the security of your data in this context.