§ 1 WHAT IS PERSONAL DATA (PERSONAL DETAILS)?
Personal data is all details and information relating to a particular or determinable person. In connection with internet presence, this includes, without being limited to, e-mail addresses, but also the IP address.
§ 2 OWNER OF THE DATA COLLECTION
In connection with the services offered on the websites of Cherrydeck, Cherrydeck GmbH collects data from the user/customer. Cherrydeck GmbH is the owner of this data collection. The contact details of Cherrydeck GmbH can be found in our Imprint.
§ 3 THE PURPOSE OF WHICH WE PROCESS YOUR PERSONAL DATA
We collect and process your personal data for the purpose of providing you with our services and their advanced features, continuously improving and developing them, ensuring their technical functionality and ensuring the security of our services.
§ 4 WHAT PERSONAL DETAILS ARE GATHERED BY Cherrydeck GMBH?
4.1. Data you submit to us and how we use it:
a) When you register as a photographer/videographer (creator)
You are a "creator" if you want to share your content with us within the community or to businesses using Cherrydeck.com
To set up an account, we need:
- Your email address
- Your username chosen by you or generated automatically by us (@username), which also corresponds to your user ID and which will be linked to your email address
- A password to protect your user account
If you register with us via a social network like Facebook, Inc. or Google, Inc., please read section 6, since in this case we do not collect your data directly from you, but from a third party – namely the respective social network.
b) Premium account
For the activation of your Premium account in order to offer your content for licensing, we need the following additional information:
- Your real name (i.e. your legal name)
- Your valid address
- Name of the company/corporation and the tax number, if you sell your content as a merchant or for a company
- Your Credit Card account information.
We will ask you to notify us of your Credits account information at the latest after the sale of a license. Providing the above information about you is required. Otherwise, we cannot create the respective user account for you and cannot process any transactions for you.
We use this data:
- To create your user account as a creator and, in the case of a Market account, also determine your identity, because we need to know who the licensor is in case of a license sale.
- To contact you in case of required releases.
- To contact you in the event of alleged copyright infringement and to clarify any other issues with your content.
- To inform you about any license sale (e.g. via e-mail).
- If necessary, to ask you if you would like to carry out service orders for us.
- According to your account settings, you can receive notifications via the app (push notifications) and/or via email, e.g. community updates, promotions, mentions, etc. If you do not want to receive such notifications, you can unsubscribe from them at any time in the settings of the app or via the unsubscribe link in the email.
- To send our newsletter or community updates, if you have given your consent (see below).
Storage time: In principle, we only store this data until the deletion of your user account. If you have sold a
license to your content, your data will also be archived for the duration of the statutory retention periods
(tax-related, e.g. 10 years).
Legal basis: The legal basis for this processing of your personal data is the fulfilment of a contract between you and us (Art. 6 (1) (b) GDPR) or your consent (Art. 6 (1) (a) GDPR) as far as it is necessary and you have given it to us (e.g. for the newsletter).
c) When you provide additional, voluntary information in your profile
If you have a Community Account, you can voluntarily provide additional profile information in your profile to make it more meaningful. For example, you can:
- Change the username automatically generated by us.
- Specify a name for your profile.
- Upload a picture of you as profile picture.
- Provide further information about you in your profile.
We use this data to make it visible in your profile to other users.
Storage time: As a rule, we only save this data until your user account has been deleted and pending transactions
have been completed.
Legal basis: The legal basis for this processing of your personal data is the fulfilment of a contract between you and us (Art. 6 (1) lit.b GDPR).
d) When you upload content
When you have registered as a Creator, you can upload content to Cherrydeck.com via our website.
When you would like to upload content to Cherrydeck.com via the website, you must first give Cherrydeck.com access to your media library (i.e. Camera Roll or Photo Albums) on your mobile device. With this permission, we will display the folders and photos available in your media library from which you can select photos and upload them to your profile.
When you upload content, we also process the information contained in the metadata of such content (so- called exif data), such as the date, time and location of the shot, camera type, shutter speed, etc., as well as any additional information you provide about the content (e.g. tags, captions).
Storage time: We usually store any metadata only until your user account is deleted and pending transactions are
completed. When you use the "Suggested" feature we do not store any personal information. The feature runs completely
on your mobile device.
Legal basis: The legal basis for this processing of your personal data is the fulfilment of a contract between you and us (Art. 6 (1) (b) GDPR) or your consent (Art. 6 (1) lit.a GDPR), as applicable.
e) When you register for our newsletters or email updates, we will save:
- The email address you provided
We use your email address to first verify your subscription (double opt-in) and then to send you the respective newsletter or community updates via email. Community updates may include community newsletters, relevant press releases, information regarding new events, competitions and brand partnerships, announcements on Missions, specific community events and feature updates.
Storage time: Your email address will be deleted as soon as you unsubscribe from the respective newsletter or
Legal basis: The legal basis for this processing of your personal data is your consent (Art. 6 (1) (a) GDPR), which you provide to us with your request to receive our newsletter.
§ 5 HOW CAN I DELETE MY PERSONAL DATA
Every user has the option to delete their account and thus, their personal data, through the Settings tab in the main menu of Cherrydeck (click the Menu icon on the top right, then Settings, and then "Delete Cherrydeck account"). Once a personal account is deleted, all user information, including profile information, payment information and credentials and more is deleted and cannot be restored by Cherrydeck GmbH at a later point in time.
§ 6 WHAT TECHNICAL AIDS DOES Cherrydeck GMBH USE?
Cherrydeck GmbH analyses the use of its internet presence by means of the web analysis tools below. These tools are installed on the respective web servers of the provider. An exception to this is a cookie that is used by Cherrydeck GmbH for the authentication of the user.
Facebook remarketing / retargeting: Remarketing tags of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA are integrated on our website. When you visit our website, remarketing tags establish a direct link between your browser and the Facebook server. This informs Facebook that you have visited our website with your IP address. Facebook is therefore able to assign our website to your user account.
We use the information thereby gathered to display Facebook ads. Please note that as the website provider we do not receive any information about the content of the transmitted data or utilisation thereof by Facebook. Further relevant information is set out in Facebook’s data protection declaration under https://www.facebook.com/about/privacy. If you do not want data to be recorded via Custom Audience, you can deactivate Custom Audience there.
Cookies: Cookies are files which are sent to the user's server when a particular website is called and which is sent back again when the site is accessed again. They typically contain data about visited websites, which the web browser saves during surfing on the internet. They can mean, for example, that the user/customer does not have to log in again when repeatedly visiting an encrypted page and can save information about complex internet behaviour of the user and convey this to the server. You can prevent the saving of cookies by making the appropriate adjustment to your browser software; we point out, however, that in this case you may possibly not be able to use all functions of this website in their full extent.
Facebook, Instagram and Twitter Re-Auth Application: For registration, Cherrydeck GmbH uses Re-Auth technology and apps of Instagram. By registering and authorising the respective application, the user/customer grants Cherrydeck GmbH access rights to the data of the selected social media accounts. The Cherrydeck GmbH Instagram application retrieves the user name of the Instagram account. This information is processed and saved for the purpose of registration.
Hotjar: Hotjar records the interactions of randomly selected, individual visitors with the internet site. This creates a log of e.g. mouse movements and clicks with the aim of showing up possibilities for improvements to the respective internet site. In addition to this, information on the operating system, browser, incoming and outgoing referrals (links), geographical origin and resolution and type of terminal is analysed for statistical purposes. This information is not personal and is not passed on to third parties by Hotjar. If the user/customer does not want recording, they can deactivate this on all websites that use Hotjar by setting the DoNotTrack header in their browser. The user/customer can find information on this on the following site: http://overheat.de/opt-out.html.
MailChimp: For the administration of the mailing list and the sending of the newsletter of Cherrydeck GmbH, Cherrydeck GmbH uses the mailing service "MailChimp". MailChimp is provided by The Rocket Science Group, LLC, 512 Means Street, Ste 404 Atlanta, GA 30318. This company is a member of the so-called Safe Harbour agreement, a special data privacy agreement between the European Union and the United States. The user/customer can find other information on data privacy conditions of MailChimp at https://mailchimp.com/legal/privacy/. These services enable Cherrydeck GmbH to administer a databank with e-mail contacts, in order to communicate with the user/customer by e-mail. The services administer data about the date and time at which an e-mail has been read by the user/customer, and about when the user/customer has interacted with incoming e-mail messages, e.g. by clicking on links contained in the e-mail.
Social Media Plugins: Facebook plugins (like button): plugins of the social network Facebook (1601 South California Avenue, Palo Alto, CA 94304, USA) are incorporated into this website. The Facebook plugins can be recognised by the user/customer by the Facebook logo, the "like button" on this website. The user/customer can find an overview of the Facebook plugins here:http://developers.Facebook.com/docs/plugins/. If the user/customer visits this website, a direct connection is established between their browser and the Facebook server via the plugin. Facebook thereby receives the information that the user/customer with their IP address has visited this website. If the user/customer clicks on the Facebook "like button" while being logged on in their Facebook account, they can link the contents of this website on their Facebook profile. Due to this, Facebook can assign the visit of the pages of Cherrydeck GmbH to the user account of the user/customer. Cherrydeck GmbH points out that it, as the provider of the pages, receives no knowledge of the transferred data or its use by Facebook. The user/customer can find more information on this in the data privacy statement of Facebook at: http://de.Facebook.com/policy.php. If the user/customer does not want Facebook to be able to assign the visit of the pages of Cherrydeck GmbH to their Facebook user account, they can use an incognito window, use a different machine or temporarily log out of their Facebook user account.