PRIVACY POLICY

The protection of your personal data is very important to us. Below, wewould like to inform you about the data we process and how we process it whenyou use our services.

‍1.         How to contact us? 
The data processing entity and the party responsible for processing your data in terms of data protection is:
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B1 SmartTV GmbH
Ainmillerstr. 28
80801 München
E-Mail: info@b1smarttv.com 

‍2.         How do you reach our data protection officer?
You are welcome to contact our data protection officer at any time if you have any questions regarding data protection:

Dr. Georg F. Schröder LL.M.
legal data SchröderRechtsanwaltsgesellschaft mbH
Prannerstr. 180333
München
Phone: +49 89 954 597 520
Email: datenschutz@legaldata.law 

‍3.         Which categories of data do we use?
We process the following categories of data when you use our apps and services:

Technically required data
To be able to provide our apps and services, we process a range of technical data. These are mainly necessary to establish a connection between your device and our servers. This includes your IP address, the page accessed within our apps and services, date and time of access, and potentially additional device-related data such as the type of smartphone/smart TV or language settings.

Account-Data
We primarily process your login credentials, including the account name, account ID, email addresses, and address, and potentially payment information such as account or credit card numbers, and payment history, to provide you with access to our apps and services.

Usage Data
When you create an account with us, we may display recommendations tailored to your interests based on your activity history. This includes the accessed content, duration of access, and search history. Additionally, we process the ratings and reviews you submit.

Marketing Data
This mainly includes your advertising preferences, cookie settings, and related device, advertising, and cookie IDs. We also process the data categories mentioned in sections 10 and 11 of this privacy policy.

Statistical Data
Furthermore, we collect statistical data on the usage of our apps and services. This includes, for example, the type of device you use to access our apps and services, the operating system, and language settings. Personal data of our users is anonymized for this purpose and contributes to an overall statistical analysis. Based on this, no conclusions can be drawn about individual users.

‍4.         Where these data come from?
Most of the data we process about you is provided by you when you open an account or use our apps and services. This includes, for example, your account information, payment details, or advertising preferences.

Certain technical data necessary for the provision of our apps and services are automatically collected from your device or internet provider (e.g., IP address).

In addition, certain data may be transmitted to us by our cooperation partners whose offerings are integrated into our apps and services. This ensures that you can use our partners' products without leaving our apps and services (e.g., confirmation of a product booking, payment processing).

‍5.         For what purposes do we use your data?
We process your data:

- based on your explicit consent (Art. 6(1)(a) GDPR) – e.g., pseudonymous cookie IDs for personalized advertising, email addresses for sending newsletters,
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- for the performance of a contract with you (Art. 6(1)(b) GDPR) – e.g., billing and payment data, booked services (including those of our cooperation partners),
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- to comply with legal obligations (Art. 6(1)(c) GDPR) – e.g., order confirmations and invoices,

- to pursue our legitimate interests (Art. 6(1)(f) GDPR); in such cases, we will inform you of our legitimate interests in processing the data – e.g., technical data to ensure system security.

‍6.         Who receives your data?
We may disclose your personal data to service providers who process data on our behalf. These processors are contractually obligated to follow our instructions and are only permitted to use the data provided to them for the purposes of providing our app and related services. We enter into contracts with processors in accordance with Art. 28 GDPR, in which we particularly oblige them to handle the entrusted data confidentially, protect it adequately, and only use it for the agreed purposes. We use processors, for example, in the following areas: IT, finance, legal, customer service, marketing, sales, and logistics.To provide you with the offerings of our partners within our apps and services, we may need to transmit certain data to them. This way, our partners receive confirmation that you have booked a specific product and subsequently provide us with the desired content, such as unlocking it for you. These partners act independently and receive only the data necessary to provide the booked content in our apps and services. Additionally, our partners may conduct independent measurements to analyze how their offerings are used within our apps and services.If our service providers or partners are located outside the European Union (EU) or the European Economic Area (EEA) (in a so-called third country), we take appropriate measures to ensure that they are subject to a level of data protection that is essentially equivalent to European standards. We can achieve this by entering into EU standard data protection clauses with our partners, thereby binding them to data protection obligations. Furthermore, the European Commission may adopt a decision stating that the data protection in a third country is adequate, and no further safeguards are required. Another means of ensuring data protection when transferring data to recipients in third countries is the recipient's commitment to binding corporate rules on data protection, which have been approved by an EU data protection supervisory authority.Furthermore, disclosure to our advisors is possible if it is necessary to fulfill our business purposes (e.g., auditors, tax consultants, lawyers). These advisors are legally bound to confidentiality.In the event of restructuring, sale, merger, or other reorganization of our company, we may transfer the personal data processed by us to the acquiring company.Furthermore, we may disclose data to governmental authorities, such as courts, law enforcement agencies, or financial supervisory authorities, if necessary for the establishment, exercise, or defense of legal claims or for the prevention of illegal activities (e.g., fraud or money laundering), or if we are required to do so by law, authorities, or court orders.

‍7.         How long will your data be stored?
We only store your personal data for as long as it is necessary to achieve the originally intended purpose. This includes primarily the provision of our apps and services, as well as any offers from our cooperation partners that you may have booked through them.

In addition, there may be legal retention periods (e.g., according to the Commercial Code and the Fiscal Code). These mainly concern accounting-related data such as order confirmations and invoices and can last up to 10 years.

‍8.         Contact Form
On our company website b1smarttv.com, we include a form to enable easy contact with us.If you use this contact form, the following personal data may be processed:

- First name, last name
- Email address
- Telephone number (optional)
- Content of the message

Providing your contact details is necessary to respond to your inquiry. The legal basis for processing is your consent according to Art. 6(1)(a) of the GDPR, which you can revoke at any time for the future.The data you enter in the contact form will remain with us until you request deletion, revoke your consent to storage, or the purpose for data storage no longer applies (e.g., after completing the processing of your request). Mandatory legal provisions, especially retention periods under the Commercial Code (HGB) or the Fiscal Code (AO), remain unaffected.

‍9.         Newsletter 
In our apps and services, there is an option to subscribe to a free regular email newsletter. To regularly send you the newsletter, we need your email address. In connection with the newsletter dispatch, your data will be transferred to our newsletter service provider.For newsletter distribution, we use the double opt-in procedure. This means that we will only send you an email newsletter if you have explicitly confirmed that you consent to receiving the newsletter. After registering for the newsletter, you will receive a confirmation email asking you to confirm your desire to receive newsletters from us by clicking on a corresponding link.This is done to ensure that only you, as the owner of the provided email address, can subscribe to the newsletter. Your confirmation must be made promptly upon receipt of the confirmation email; otherwise, your newsletter registration will be automatically deleted from our database.When you subscribe to the newsletter, we collect and store the data you enter in the newsletter form (e.g., last name, first name, email address).During newsletter registration, we also store your IP address assigned by the Internet service provider (ISP), as well as the date and time of registration, to be able to trace any potential misuse of your email address at a later point. When the confirmation email (double opt-in) is sent for control purposes, we also store the date and time of clicking on the confirmation link, as well as the IP address assigned by the Internet service provider (ISP).The data collected during newsletter registration is used exclusively for the purpose of sending advertising material via newsletters. The processing of your email address for newsletter delivery is based on your voluntarily given and revocable consent according to Art. 6(1)(a) of the GDPR and § 7(2)(3) of the German Act Against Unfair Competition (UWG). Furthermore, the processing is based on our legitimate interest in documenting the necessary consent according to Art. 6(1)(f) of the GDPR.When subscribing to the newsletter, we also store your IP address assigned by the Internet Service Provider (ISP), as well as the date and time of registration, in order to trace any potential misuse of your email address at a later point. In the confirmation email sent for verification purposes (double opt-in), we also store the date and time of clicking the confirmation link, as well as the IP address assigned by the ISP.The data collected from you during the newsletter registration is exclusively used for the purpose of sending promotional content through the newsletter. The processing of your email address for the purpose of newsletter delivery is based on your voluntarily given consent according to Art. 6(1)(a) of the General Data Protection Regulation (DS-GVO) and § 7(2) No. 3 of the German Unfair Competition Act (UWG), which can be revoked by you at any time for the future. Furthermore, the processing is based on our legitimate interest in documenting the necessary consent according to Art. 6(1)(f) DS-GVO.If you have provided us with your email address while using our apps and services, we reserve the right to regularly send you offers regarding our apps and services, including those you have already used, via email. The data processing for this purpose is solely based on our legitimate interest in personalized direct advertising according to Art. 6(1)(f) DS-GVO and § 7(3) UWG. If you initially objected to the use of your email address for this purpose, we will not send you any emails. You can object to the use of your email address for advertising purposes at any time without incurring any costs other than the transmission costs according to the basic tariffs.Your email address will be stored for as long as you have subscribed to the newsletter. After unsubscribing from the newsletter, your email address will be deleted unless you have given consent for further use of your data or there is another legal basis for processing.

‍10.       Which other third-party tools do we use?

Categories of Tools
We aim to make our apps and services as user-friendly as possible so that our users enjoy using them. To achieve this, we analyze the usage of our apps and services in an anonymized or pseudonymized manner. If we engage external service providers for this purpose, they act as processors on our behalf. This means that these service providers are contractually obligated to process personal data of our users only according to our instructions and to maintain an adequate level of data protection. We use these tools based on your explicit consent (Art. 6(1)(a) of the General Data Protection Regulation (DS-GVO)). The tools we use for these purposes fall under the category of "Analytics."

Marketing tools may be used to display interest-based advertisements to users of our apps and services and measure the effectiveness of advertising campaigns. With the help of these cookies, visitors can be recognized on external websites, and personalized ads can be displayed to them there. Additionally, based on your usage behavior within the apps and services, we can show you relevant products. We also use such tools based on your explicit consent (Art. 6(1)(a) DS-GVO).There are other categories of tools that are necessary for the operation of our apps and services. In these cases, there is no opt-out option (e.g., in the case of content delivery networks or tools to ensure app security). The legal basis is our legitimate interest in providing our apps and services (Art. 6(1)(f) DS-GVO). These tools are mentioned in the "Required" category.

Categories of Cookies
If we use so-called cookies for the implementation of such tools, we do so in the following manner:Cookies are small files that are stored on your device by our apps and services. Some features of our apps and services cannot be offered without the use of technically necessary cookies. Other cookies, however, enable us to perform various analyses (as mentioned above for the use of third-party tools). For example, some cookies can recognize your app profile during a subsequent visit and transmit various information to us. Cookies do not cause any harm to your device. They cannot execute programs or contain viruses. Various types of cookies are used in our apps and services, and we would like to explain their types and functions below.

Temporary Cookies / Session Cookies
Our apps and services use so-called temporary cookies or session cookies, which are automatically deleted once you close the app or the service. These types of cookies allow us to capture your session ID. As a result, different requests from the app or the service can be assigned to a common session, and it is possible to recognize your device during future website visits. These session cookies expire at the end of the session.

Persistent Cookies
We also use so-called persistent cookies, which are stored in the app or the service for an extended period and can transmit information. The respective storage duration varies depending on the cookie.A list of third-party tools used in our apps and services for the aforementioned purposes can be found in the appendix to this privacy policy. 

‍11.       GoogleAnalytics 4 
We use the tracking tool "Google Analytics 4" provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, Tel: +353 1 543 1000, Fax: +353 1 686 5660, Email: support-deutschland@google.com ("Google") in our apps and services.

Google Analytics 4 uses JavaScript and pixels to read information on your device, as well as cookies to store information on your device. This is used to analyze your usage behavior and improve our apps and services. The access data is aggregated by Google on our behalf to create pseudonymous user profiles and transmitted to a Google server in the United States. Google will use this information to systematically evaluate your use of our apps and services and compile reports on the activities on our apps and services.As part of the analysis, Google Analytics 4 also uses artificial intelligence such as machine learning to automatically analyze and optimize the data. For example, conversions are modeled when there is insufficient data available. You can find more information in the relevant Google documentation. The data evaluations are automated through artificial intelligence or based on individually defined criteria.As part of the usage analysis of Google Analytics 4, the collected data is enriched with information from the Google Search Console and linked to Google Ads data. This allows us to measure the success of our advertising campaigns, also known as conversions.The following data may be processed:

• IP address;
• Referrer URL (previously visited page);
• Visited pages (date, time, URL, title, duration);
• Downloaded files;
• Clicked links to other websites;•
Achievement of specific goals (conversions);
• Technical information (operating system; browser type, version, and language; device type, brand, model, and resolution);
• Approximate location (country, region, and possibly city, based on anonymized IP address).

We use Google Analytics 4 with IP anonymization enabled. This means that IP addresses are truncated by the last octet (e.g., 192.168.79.***; so-called IP masking). It is no longer possible to associate the truncated IP address with the accessing computer or user's device.The generated information about your use of our apps and services is usually transmitted to a Google server in the United States and stored there. Due to EU Standard Contractual Clauses, Google is obligated to comply with a level of data protection that is essentially equivalent to European standards.The Google Analytics 4 service is used for analyzing the user behavior of our apps and services. The legal basis is your consent under Art. 6(1)(a) of the General Data Protection Regulation (DS-GVO). The stored data will be deleted by us as soon as it is no longer needed for analytical purposes.

In our case, the maximum storage period is 24 months.For more information on the terms of use of Google Analytics 4:

www.google.com/analytics/terms/de.htmlFor more information on the privacy of Google Analytics 4:

https://support.google.com/analytics/answer/6004245?hl=en

‍12.       What legal rights do you have?
You have the following legal rights regarding data protection:Right to withdraw consent for future processing (Art. 7(3) of the GDPR)Whenever the processing of your data is based on your explicit consent, you can withdraw this consent at any time with future effect. However, any data processing that has already occurred based on your consent remains lawful.Right to information about the processing of your data (Art. 15 of the GDPR)You have the right to request confirmation from us as to whether we are processing personal data about you. If this is the case, you are entitled to be informed of the further circumstances of this processing, including its purpose, the categories of data processed, the recipients of the data, the storage duration of the data, and the source of the data.Right to rectification of your data (Art. 16 of the GDPR)You have the right to have incorrect data corrected. In addition, you have the right to have incomplete data completed if this is necessary for the processing.Right to erasure of your data (Art. 17 of the GDPR)You have the right to have your data erased if:

- It is no longer necessary for the original purposes of processing,

- You have revoked your consent to the processing of the data,- You have objected to the processing of your data,

- The data has been processed unlawfully, or

- There is a legal obligation to delete the data.

- If we have previously made such data public, you also have the right to request that we inform other data controllers who process your data about your request for erasure.In certain cases, the right to erasure is excluded, for example, if the data must be processed due to a legal obligation or is necessary for the establishment, exercise, or defense of legal claims.

Right to restriction of processing of your data (Art. 18 of the GDPR)You have the right to request the restriction of the processing of your data (= to block it) if:

- You dispute its accuracy, and we need to verify this,
- The data has been unlawfully processed,
- You need the data for the establishment, exercise, or defense of legal claims, or
- You have objected to the processing of the data, and we are currently examining this objection.

Right to data portability (Art. 20 of the GDPR)

You have the right to receive the personal data you have provided to us in a structured, commonly used, and machine-readable format.You also have the right to transmit such data to another data controller if the processing was based on your consent or on a contract, and the processing was carried out using automated procedures.

You also have the right to have such data transmitted directly to another data controller, if technically feasible.Right to object to the processing of your data (Art. 21 of the GDPR)

You have the right to object to the processing of your data for personal reasons when we process it based on our legitimate interests (under Art. 6(1)(f) of the GDPR). In this case, we will no longer process your data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms.

Additionally, you have the right to object at any time to the use of your data for direct marketing purposes.Right to not be subject to solely automated decision-making (Art. 22 of the GDPR)You have the right not to be affected by a decision based solely on automated processing if this processing has legal or similarly significant effects. However, this does not apply if the automated decision-making is necessary for the conclusion or performance of a contract with us, is permitted by law, or is based on your explicit consent.If automated decision-making takes place as a result, you have the right to intervene in the automated processing by a person, to state your point of view, and to contest the decision made through automated means.

Right to lodge a complaint
In addition, you have the right to lodge a complaint with the data protection supervisory authority if you believe that a processing activity violates legal regulations.

‍13. Data protection in the Swiss market according to the GDPR
We attach great importance to the protection of personal data and comply with the provisions of the General Data Protection Regulation (GDPR) of the European Union to ensure the protection of privacy and customer rights. These stricter data protection standards apply not only to our customers within the EU but also to customers in the Swiss market. This ensures compliance with Swiss data protection laws.

14.       Amendment to this privacy policy
We may update this privacy policy over time to, for example, adapt it to changes in legal requirements or new features of the apps and services. In the event of significant changes, we will notify you separately, such as by email or in-app notification.

As of: 23.05.2023


You can access the privacy statements of the respective providers at:
Provider Privacy Policy
Google https://policies.google.com/privacy?hl=de
Plenigo https://www.plenigo.com/datenschutz/
Stripe https://stripe.com/de/privacy
Paypal https://www.paypal.com/de/webapps/mpp/ua/privacy-full