LEGAL

Terms and Conditions

The ContentScope GmbH, Alte Jakobstraße 76, 10179 Berlin, Germany, (herein referred to as ‘sooner’), operates an Internet service using the URL https://sooner.de. The primary purpose of this website is to provide a tele-media Video on Demand service. In particular, the sooner platform offers a streaming subscription service. This service allows sooner users to stream films from an online platform for personal, non-commercial use.The use of services offered by sooner and the use of the sooner website and platform is permitted only under the stipulation that users comply fully with the Terms and Conditions of Use as outlined in this contract. Users must also comply fully with the conditions mandated in the German Protection of Young Persons Act; the German Data Protection Act; and, in particular, the German Federal Data Protection Act (Bundesdatenschutzgesetz = BDSG).Any misuse of, or unauthorized modification to, theInternet website and its contents is strictly prohibited. In particular, the copying or culling of information from user groups, user forums and comments, indexes, catalogs and databases, etc. is not permitted and will be prosecuted to the full extent of the law. Furthermore, any form of reproduction, dissemination or distribution of any and all sooner content, or parts there of, without expressed written permission from sooner, is prohibited.Uninterrupted availability of the sooner website is not guaranteed. Although we make every effort to achieve maximum accuracy, we do not claim or guarantee that information on our website, its contents or entry listings, is full, complete or correct.The following list of General Terms and Conditions of Use is valid for all legal transactions conducted between sooner and End Users. These terms and conditions are considered accepted by the End User at the time any sooner content or service is viewed, ddownloaded or utilized. The General Terms and Conditions of Use are available anytime online on the sooner website.

1. Responsible person

ContentScope GmbH

Alte Jakobstrasse 76

10179 Berlin

Managing director: Andreas Wildfang

(hereinafter referred to as “ContentScope”)

2. Subject matter of the contract and definitions

ContentScope offers end customers a Video on Demand service (hereinafter referred to as “VoD service”), within the scope of which the use of selected films, series and other audiovisual content (hereinafter referred to as “content”) is made possible in certain countries by means of VoD (SVoD, TVoD and EST) in return for payment of a fee.

Definitions

“VoD” refers to the exploitation of content by way of making it publicly accessible within the meaning of Section 19a of the German Copyright Act, i.e. the right to make the production available to members of the public by way of retrieval.

“TVoD” (also known as transactional VoD or pay-per-view VoD) refers to the paid VoD exploitation of a content for temporary use by the end customer (including offline use after prior download) in accordance with the provisions of these terms of use.

“EST” (also electronic sell-thru) refers to the paid VoD evaluation of a content, in which the content is made available to the end customer for use for an unlimited period of time in accordance with the provisions of these Terms of Use.

“SVoD” (also known as subscription video-on-demand) refers to the paid VoD exploitation of a content, whereby the end customer can retrieve videos via streaming via a monthly or annual subscription.

“Consumer” is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

“End customers” in the sense of these terms of use are exclusively consumers of full age.

3. Scope of the terms of use

3.1 These Terms of Use apply to all services offered and rendered by ContentScope within the scope of the VoD service to end customers.

3.2 Divergent or supplementary terms and conditions of the end customer shall not apply unless they have been acknowledged by ContentScope in writing.

4. Registration and conclusion of contract

4.1 The use of the VoD service requires the conclusion of a framework agreement on the use of the VoD service in accordance with the provisions of these Terms of Use (hereinafter referred to as the “Framework Agreement”). To do this, the end customer must first enter the data requested via the registration form provided by ContentScope correctly and completely. The framework agreement is then concluded when the respective end customer is activated for the VoD service by ContentScope. The activation and the conclusion of the framework agreement will be confirmed to the end customer by email.

4.2 In order to conclude an agreement between ContentScope and an end customer regarding the use of the content provided within the scope of the VoD service (hereinafter referred to as the “usage agreement”), it is necessary for the end customer to enter further requested data completely and correctly via the input mask provided by ContentScope for this purpose and to carry out any age verification procedure that may be necessary (insofar as age verification is necessary, the end customer’s offer to conclude a usage agreement is subject to the condition precedent of successful completion of the age verification procedure). The contract of use is then concluded when the respective content is activated by ContentScope. The activation and the conclusion of the contract of use will be confirmed to the end customer by email.

4.3 The end customer’s offers to conclude a framework agreement and a contract of use are binding for the end customer. ContentScope is not obliged to accept an end customer’s offer to conclude a framework agreement or a contract of use.

4.4 The data of the end customer and the text of the contract provided within the framework of the conclusion of a framework agreement and a contract of use will be stored and can be accessed by the end customer via his user account.

4.5 The end customer can continuously correct his entries within the framework of the conclusion of the framework agreement and the contract of use. In addition, ContentScope provides the end customer with technical means when entering his or her data, with which the usual completeness and plausibility checks are carried out and with the help of which input errors can be detected and corrected (including checking whether all mandatory information has been entered and checking whether the characters match the corresponding field).

4.6 ContentScope is entitled to obtain the information required to determine the Member State of residence of the respective end customer in accordance with the Regulation on cross-border portability of online content services in the internal market or to take any measures that may be necessary for this purpose.

5. Scope of services and granting of rights

5.1 Once a usage contract has been concluded, ContentScope will provide the end customer with the respective content - depending on the content of the usage contract - for retrieval by way of TVoD, SVoD or EST.

5.2 In the case of the conclusion of a usage contract which entitles the end customer to a retrieval by way of the TVoD, the end customer can use the contents as follows:

5.2.a The end customer may play the content for the first time for the purpose of immediate viewing via the VoD service, i.e. - with the exception of so-called buffering - without intermediate storage on the respective end customer’s terminal device, within a period of 30 days after conclusion of the usage agreement (online availability). If marked accordingly via the VoD service, the end customer can also download the content to a ContentScope-authorized terminal for the first time (offline availability) within the aforementioned 30-day period for the purpose of later viewing without an existing connection to the Internet. Even in the case of offline availability, the initial start of the playback process is only possible within a period of 30 days after conclusion of the user contract.

5.2.b After the initial start of a playback process, the end customer may replay the content as often as desired within a period of 72 hours.

5.2.c After the expiry of one of the periods mentioned under a. and b. above, it is no longer possible to play the content.

5.2.d The end customer is only granted the non-exclusive, non-transferable, non-sublicensable right, limited in time to the periods listed under a. and b., to reproduce and store the content for private, non-commercial purposes (i) to the extent required for offline availability, and (ii) to make it perceptible. The customer shall not be granted any further rights of use. In particular, the end customer is not entitled to permanently store the contents in whole or in part, to duplicate or process them beyond the aforementioned scope or to use them for commercial purposes.

5.3 In the case of the conclusion of a user contract that entitles the end customer to retrieve content via EST, the end customer can use the content as follows:

5.3.a The retail customer can play back content for an unlimited period of time for the purpose of immediate viewing via the VoD service, i.e. - with the exception of buffering - without intermediate storage on a terminal of the respective retail customer (online availability).

5.3.b The end customer is only granted the non-exclusive, non-transferable, non-sublicensable right to reproduce and use the content for private, non-commercial purposes (i) in accordance with the above provisions and (ii) to make it perceptible. No further rights of use are granted to the end customer. In particular, the end customer is not entitled to reproduce, process or use the contents for commercial purposes beyond the aforementioned scope.

5.4 In the case of the conclusion of a usage contract that entitles the end customer to retrieve content by way of SVoD, the end customer can use the content as follows:

5.4.a The end customer may play all content available for SVoD, i.e. - with the exception of so-called buffering - without intermediate storage on the respective end customer’s terminal device, within a period of 30 days after conclusion of the usage agreement (online availability). If marked accordingly via the VoD service, the end customer can also download single content units available within the SVoD offer to a ContentScope-authorized terminal for the first time (offline availability) within the aforementioned 30-day period for the purpose of later viewing without an existing connection to the Internet. Even in the case of offline availability, the initial start of the playback process is only possible within a period of 30 days after conclusion of the user contract.

5.4.b After the first purchase of an SVoD subscription, the end customer can replay all content available within the purchase subscription package as often as desired within the respective subscription period purchased by the end customer.

5.4.c After the expiry of one of the periods mentioned under a. and b. above, it is no longer possible to download or play the content.

5.4.d The end customer is only granted the non-exclusive, non-transferable, non-sublicensable right, limited in time to the periods listed under a. and b., to reproduce and store the content for private, non-commercial purposes (i) to the extent required for offline availability, and (ii) to make it perceptible. The customer shall not be granted any further rights of use. In particular, the end customer is not entitled to permanently store the contents in whole or in part, to duplicate or process them beyond the aforementioned scope or to use them for commercial purposes.

5.5 The terminals authorized by ContentScope can be viewed via the VoD service: sooner.de

5.6 Geo-blocking is used to ensure that the territorial restriction on the use of the content made available by ContentScope on sooner.de is in compliance with all legal requirements (In addition, compliance to the EU regulation on ensuring cross-border portability of online content services in the single European digital market is upheld.).

5.7 User accounts are not transferable and may not be used by third parties.

6. System requirements of the end customer

6.1 To use the VoD service, the end customer requires an Internet connection and an Internet-capable terminal device such as devices capable of displaying moving image with sound such as desktop and notebook, phone, tablet, TV accessing content via internet-browser and/or specific apps provided by sooner.de.

6.2 It is the end customer’s responsibility to ensure that his terminal equipment meets the technical system requirements, in particular for the possible high-resolution display and download of content. The display quality of the content may vary from terminal to terminal and depend on various factors such as the up-to-dateness of the operating system, apps and browser, the location, the available bandwidth and/or the speed of the end customer’s Internet connection.

6.3 The use of the VoD service via the Internet may result in additional costs for the end customer, especially in the case of time or volume rates. To receive content in Standard Definition (SD), ContentScope recommends a broadband Internet connection with an (actual) download speed of at least 2 Mbits/s. For the reception of high-resolution content (HD), ContentScope recommends an (actual) download speed of at least 5.0 Mbit/s. Bandwidths below this recommendation allow only limited use of the VoD service with considerable losses in quality.

7. Obligations of the end customer

7.1 The end customer shall inform ContentScope immediately of any changes to the data provided by him/her, particularly within the scope of registration (§ 4.1) or the conclusion of a contract of use (§ 4.2), by changing the personal data stored in the user account. If a change cannot be made via the user account, the end customer will inform ContentScope via the contact form provided by ContentScope. The end customer assures that all information provided to ContentScope is always correct and up-to-date

7.2 If the end customer does not, not completely, or not truthfully provide the information required and requested by ContentScope to determine the EU-Member State of residence in accordance with the Regulation on ensuring the cross-border portability of online content services in the single digital market, or if he/she fails to perform any other cooperation acts required in this context with the consequence that ContentScope is unable to determine the end customer’s Member State of residence, the end customer shall not be entitled to use the content cross-border within the meaning of the aforementioned Regulation. For clarification: This does not affect any rights granted to the end customer under the concluded user contracts to use the content in countries other than his Member State of residence.

7.3 The end customer shall protect his user account from access by third parties. In particular, the end customer shall not pass on his access data (in particular passwords/passwords) to third parties and shall keep them safe from access by third parties. Passwords/passwords should be changed at regular intervals. If there is reason to suspect that third parties have obtained knowledge of the password/password or have gained access to the user account in any other way, the end customer must inform ContentScope of this immediately using the contact form provided by ContentScope and change the password/password immediately.

7.4 End customers may not misuse the VoD service; in particular, they may not

7.4.a not rent or resell the services of ContentScope to third parties on a commercial basis;

7.4.b not manipulate the digital key transmitted for decrypting and playing the Content;

7.4.c not circumvent the territorial limitation of the use (in particular by geo-blocking) of the provided contents (e.g. bypassing by means of VPN client or tunnel)

7.4.d Do not change copyright and property right notices;

7.4.e use the retrieved Content only in compliance with the applicable laws and within the scope of the rights granted under the respective Contract of Use and these Terms of Use, i.e. in particular do not (i) use the Content for commercial purposes, (ii) present it publicly, (iii) make it publicly accessible, (iv) broadcast it, (v) process it, (vi) reproduce it (beyond the extent permitted), (vii) disseminate it, (viii) distribute it

Only present, allow to be presented or otherwise make available to children or young people content that has been approved for the respective age group.

8. Contents of the user

Insofar as ContentScope enables the end customer to publish content (e.g. by means of a comment function) within the scope of the VoD service, the end customer is obligated not to publish and/or have published any content that is likely to violate the rights and/or honor of third parties, to insult or denigrate persons or groups of persons, or otherwise violate applicable law. The depositing of such content, in particular pornographic, violence-glorifying, discriminating, right-wing extremist or immoral content, in the end customer’s user account is inadmissible. In the event of an infringement, ContentScope is entitled to temporarily block the end customer’s access to the VoD service and to remove the corresponding content.

9. Restrictions of the obligation to perform

9.1 In the event of a material breach of duty on the part of the end customer (e.g. in the event of default of payment) as well as in the event of justified substantial suspicion of a material breach of duty, ContentScope shall be entitled to withhold the respective service or the availability of the functionality to which the breach relates within the scope of the statutory provisions.

9.2 ContentScope will immediately resume the service if it turns out that the suspicions were unfounded and/or there is no substantial breach of duty on the part of the Customer. In doing so, ContentScope ensures that the Customer can use the agreed service in accordance with the agreement in the usage contract. ContentScope’s right to terminate for good cause remains unaffected.

10. User fee/payment conditions

10.1 The end customer undertakes to pay the user fee shown on the respective offer page for the content and the respective type of use. The stated usage fee is the total price and includes the applicable statutory value added tax. The usage fee is due immediately upon provision of the service.

10.2 Various means of payment are available to the end customer, which are specified on the respective offer page. Payment of the user charges can only be made by these permitted means of payment.

10.3 The end customer shall only be entitled to a right of set-off if his counterclaim against ContentScope has been legally established, is undisputed or acknowledged. The right of retention, in particular the plea of non-performance of the contract, remains unaffected.

10.4 The obligation to pay the usage fee shall also apply if third parties use content via the end customer’s user account and the end customer is responsible for this use.

11. Right of revocation

Consumers are entitled to the following right of revocation in the revocation instruction. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

A. Cancellation policy

Right of withdrawal

The end customer has the right to revoke this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the date of conclusion of the contract.

In order to exercise the right of revocation, the end customer must inform us (ContentScope GmbH, Alte Jakobstraße 76, 10179 Berlin, e-mail support@sooner.de .de) of his decision to revoke this contract by means of a clear statement (e.g. a letter or e-mail sent by post).

In order to comply with the revocation period, it is sufficient for the end customer to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If the user/customer revokes this contract, ContentScope must refund all payments received from the user/customer, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery from the cheapest standard delivery offered by us), immediately and at the latest within fourteen days of the day on which the notification of revocation of this contract is received. For this repayment, ContentScope will use the same means of payment that was used for the original transaction, unless expressly agreed otherwise with the end customer; under no circumstances will fees be charged for this repayment.

If the end customer has requested that the services be commenced during the cancellation period, he shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time he notifies us of the exercise of the right of cancellation in respect of this Agreement compared to the total scope of the services provided for in the Agreement.

Premature expiration of the right of withdrawal

The right of revocation expires prematurely in the case of a contract for the delivery of digital content that is not on a physical data carrier if the end customer has expressly agreed that we will begin executing the contract before the end of the revocation period and he has confirmed that he is aware that he will lose his right of revocation by agreeing to this before the end of the revocation period, or if ContentScope has provided the service in full.

12. Protection of minors

12.1 ContentScope is only intended for persons of full age. The retail customer shall ensure that, in particular, no persons under the age of 18 are granted access to the VoD service via their user account.

12.2 The VoD service is protected by a standard for voluntary age labelling of online content (also known as “age-de.xml labelling”). This technical age rating can be read by suitable software for the protection of minors, so that the end customer has an additional technical possibility to protect the content from unauthorized access by minors.

12.3 ContentScope reserves the right to offer offers with time restrictions that could impair the development of minors, to open the VoD service for other youth protection programs or to restrict their access by means of an AVS or a youth protection PIN.

13. Liability

13) ContentScope shall be liable for all contractual, quasi-contractual and legal, including tortious, claims for damages and reimbursement of expenses for any legal reason:

13.1 in case of intent or gross negligence,

13.2 in case of intentional or negligent injury to life, body or health,

13.3 on the basis of a guarantee promise, unless otherwise regulated in this respect,

13.4 due to mandatory liability, such as under the Product Liability Act.

13.5 If ContentScope negligently violates an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with the above provisions. Material contractual obligations are obligations that the contract imposes on ContentScope in accordance with its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the rights holder may regularly rely.

13.6 Any further liability on the part of ContentScope is excluded. The above liability regulations also apply with regard to ContentScope’s liability for its vicarious agents and legal representatives.

14. Term of contract

14.1 The framework agreement is concluded for an indefinite period. It can be terminated by the end customer at any time without giving reasons. Termination of the framework agreement by the end customer can be effected by canceling the user account and requesting deletion the user account or by notifying ContentScope via the contact form.

14.2 ContentScope is entitled to terminate the framework agreement at any time by giving two weeks’ written notice (email is sufficient).

14.3 The terms of use stated in § 5.2 and § 5.3 of these terms of use apply to contracts of use.

14.4 The right of termination for good cause remains unaffected. For ContentScope, good cause exists in particular if the Customer violates § 7.3 or § 7.4 of these Terms of Use.

15. Contractual language

The German language is available for the conclusion of the contract.

16. Amendment of the Terms of Use

16.1 ContentScope is entitled at any time and without stating reasons to change less important provisions of these Terms of Use, provided that this does not lead to a restructuring of the overall structure of the contractual relationship. The weighty provisions include, in particular, the regulations by which the type and scope of the contractually agreed services, the term and the termination are determined.

16.2 ContentScope is also entitled to amend provisions of these Terms of Use to the extent that this is necessary to eliminate difficulties in the implementation of the contractual relationship due to loopholes in the provisions that have arisen after conclusion of the contract. This may be necessary in particular in the event of new technical developments, changes in legislation, changes in case law or similar valid reasons.

16.3 The amended Terms of Use shall be sent to the end customer by e-mail no later than four weeks before they come into force. If the end customer does not object to the validity of the new terms of use within four weeks after receipt of the e-mail, the amended terms of use shall be deemed accepted. ContentScope will inform the end customer separately in the e-mail about the possibility of objection and the significance of this four-week period. If the customer exercises his right of objection, the request for modification is considered rejected and the contractual relationship is continued according to the original conditions.

17. Online dispute resolution

17.1 Due to a legal obligation we are obliged to inform you, irrespective of our participation in an alternative dispute resolution procedure, that the European Commission has set up an online platform for the extrajudicial settlement of consumer disputes. You can find the platform at http://ec.europa.eu/consumers/odr/.

17.2 We will not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the CDBG (Consumer Dispute Resolution Act) and are not obliged to do so. Our e-mail address is: info@sooner.de.

18. Final provision

18.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. The UN Sales Convention (CISG) shall not apply. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

18.2 Amendments to the framework agreement, a contract of use or these Terms of Use must be made in writing; this also applies to amendments and additions to these Terms of Use, including this written form clause. Oral or written subsidiary agreements do not exist. § Section 126 (3) BGB (German Civil Code) shall apply.

18.3 Should individual provisions of these Terms of Use be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions.

1. Definitions 2. Name and Address of the controller 3. Name and Address of the Data Protection Officer 4. Cookies 5. Collection of general data and information 6. Registration 7. Subscription to our newsletters 8. Newsletter tracking 9. Contact option 10. Routine erasure and blocking of personal data 11. Rights of the data subject 12. Privacy policy on the use and application of Facebook 13. Privacy policy on the use and application of features of the Amazon Partner Program 14. Privacy policy on the use and application of Google Analytics (with anonymisation function) 15. Privacy policy on the application and use of Google Remarketing 16. Privacy policy for the use of Google AdWords 17. Privacy policy on the use of Instagram 18. Privacy policy on the use of Twitter 19. Privacy policy on the use of YouTube 20. Privacy policy on the use and application of DoubleClick 21. Privacy policy on the use and application of Bing 22. Privacy policy on the application and use of Kaltura 23. Privacy policy on the application and use of zendesk 24. Privacy policy on the use and application of Zoho CRM 25. Privacy policy on the Application and Use of Mandrill 26. Privacy policy about the application and use of MailChimp 27. Privacy policy for the use and application of sooner.de 28. Payment processing 29. Privacy policy for the use and application of Stripe 30. Payment via Google Play or App Store 31. Privacy policy on the deployment and use of Apple Pay 32. Privacy policy for the use and application of PayPal 33. Privacy policy on the use and application of Klarna 34. Legal basis for the processing 35. Legitimate interests in processing pursued by the controller or a third party 36. Duration for which personal data are stored 37. Legal or contractual provisions on the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data 38. Existence of automated decision making 39. Changes

Privacy Policy

We are very pleased about your interest in our company. Data protection is a particularly high priority for the management of ContentScope GmbH. It is possible to use the ContentScope GmbH website without providing any personal data. However, if a person concerned wishes to make use of special services offered by our company via our website, it may be necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we generally obtain the consent of the person concerned. Personal data, such as the name, address, email address or telephone number of a data subject, is always processed in accordance with the Basic Data Protection Regulation and in compliance with the country-specific data protection provisions applicable to ContentScope GmbH. By means of this data protection declaration, our company wishes to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, this data protection declaration informs affected persons about the rights to which they are entitled. As the person responsible for processing, ContentScope GmbH has implemented numerous technical and organizational measures to ensure that the personal data processed via this Internet site is protected as completely as possible. Nevertheless, Internet-based data transmissions can, in principle, have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions

The ContentScope GmbH data protection declaration is based on the terms used by the European legislator for directives and regulations when the Basic Data Protection Regulation (DS-GVO) was issued. Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance. We use the following terms, among others, in this data protection declaration:

a) Personal data

Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as ‘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 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 means any identified or identifiable natural person whose personal data are processed by the controller.

(c) Processing

Processing is any operation or set of operations, performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, organisation, filing, 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 future processing.

(e) Profiling

Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location.

(f) Pseudonymisation

Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.

(g) Controllers or data controllers

Controller or controller shall mean the natural or legal person, public authority, agency or any 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 law or by the law of the Member States, provision may be made for the controller or for the specific criteria for his or her designation in accordance with Union law or the law of the Member States.

(h) Processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

(i) Recipient

Recipient is a natural or legal person, public authority, agency or other body to whom personal data is disclosed, whether or not it is a third party. However, authorities which may receive personal data in the context of a specific investigation mandate under Union or national law shall not be considered as recipients.

.j) Third parties

Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller(s), the processor(s) and the persons who, under the direct authority of the controller(s) or processor(s), are authorized to process the personal data

k) Consent

Consent shall mean any freely given specific and informed expression of the data subject’s will in an informed and unequivocal manner, in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.

2. Name and Address of the controller

Responsible in the sense of the basic data protection regulation, other data protection laws applicable in the member states of the European Union and other regulations with data protection character is the: ContentScope GmbH, Alte Jakobstraße 76, 10179 Berlin, Germany, Tel.: +49-30-9700 4330, email: privacy@sooner.de Website: sooner.de

3. Name and Address of the Data Protection Officer

The data protection officer of the data controller is: Andreas Wildfang, ContentScope GmbH, Alte Jakobstraße 76, 10179 Berlin, Germany, Tel.: +493097004332, email: privacy@sooner.de, Website: sooner.de Every data subject can contact our data protection officer directly at any time with all questions and suggestions regarding data protection.

4. Cookies

The Internet pages of ContentScope GmbH use cookies. Cookies are text files that are stored on a computer system via an Internet browser. Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters which can be used to assign Internet pages and servers to the specific Internet browser in which the cookie was stored. This enables the Internet pages and servers visited to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified by means of the unique cookie ID. The use of cookies enables ContentScope GmbH to provide users of this website with more user-friendly services which would not be possible without the setting of cookies. By means of a cookie, the information and offers on our website can be optimized in the interest of the user(s). As already mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for the users to use our website. For example, users of a website that uses cookies do not have to enter their access data each time they visit the website, as this is done by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in the online shop. The online shop uses a cookie to remember the items that a person has placed in the virtual shopping cart. The person concerned can prevent the setting of cookies by our website at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the person concerned deactivates the setting of cookies in the Internet browser used, it is possible that not all functions of our website can be used to their full extent.

5. Collection of general data and information

Every time a person or automated system accesses the ContentScope GmbH website, a series of general data and information is recorded. This general data and information is stored in the server’s log files. The following can be recorded: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of an access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information which serve to prevent danger in the event of attacks on our information technology systems. When using this general data and information, ContentScope GmbH will not draw any conclusions about the person concerned. Rather, this information is required in order to (1) deliver the contents of our website correctly, (2) optimize the contents of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by ContentScope GmbH both statistically and with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data in the server log files are stored separately from all personal data provided by a person concerned.

6. Registration

The data subject shall have the possibility to register on the Internet site of the controller by providing personal data. The personal data transmitted to the data controller is specified in the respective input mask used for registration. The personal data entered by the data subject are collected and stored solely for internal use by the data controller and for his own purposes. The controller may arrange for the personal data to be transferred to one or more companies, for example a parcel service, which will also use the personal data exclusively for internal use attributable to the controller. Furthermore, by registering on the Internet site of the data controller, the IP address assigned to the data subject by the Internet Service Provider (ISP), the date and time of registration are stored. This data is stored with the aim of preventing the misuse of our services and, if necessary, to enable the investigation of criminal offences. To this extent, the storage of this data is necessary to protect the person responsible for processing. As a matter of principle, this data will not be passed on to third parties, unless there is a legal obligation to do so or the passing on of the data serves criminal prosecution. The registration of the data subject under voluntary disclosure of personal data serves the data controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered persons. Registered persons are free to modify the personal data provided during registration at any time or to have them completely deleted from the data stock of the data controller. The data controller shall at any time upon request provide any data subject with information as to which personal data relating to the data subject are stored. Furthermore, the data controller shall correct or delete personal data at the request or notification of the data subject, unless this is contrary to any statutory retention obligations. The entire team of the data controller shall be available to the data subject as contact persons in this context.

7. Subscription to our newsletters

On the ContentScope GmbH site, people are given the opportunity to subscribe to our company’s newsletter. The input mask used for this purpose indicates which personal data is transferred to the office responsible for processing when ordering the newsletter. ContentScope GmbH informs its users and business partners* at regular intervals by means of a newsletter about company offers. The newsletter from our company can only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject registers to receive the newsletter. For legal reasons, a confirmation email will be sent to the email address registered for the first time by a person concerned for the purpose of receiving the newsletter using the double opt-in procedure. This confirmation mail is used to check whether the owner(s)* of the email address as the person concerned has authorized receipt of the newsletter. When registering for the newsletter, we also save the IP address assigned by the Internet Service Provider (ISP) of the computer system used by the person concerned at the time of registration as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the email address of a data subject at a later date and therefore serves to provide legal protection for the data controller. The personal data collected in the course of registering for the newsletter is used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter could be informed by email if this is necessary for the operation of the newsletter service or for registration, as might be the case if the newsletter service is changed or if technical conditions change. The personal data collected within the scope of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by the person concerned at any time. The consent to the storage of personal data, which the person concerned has given us for the newsletter service, can be revoked at any time. For the purpose of revoking the consent, a corresponding link is included in every newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the data controller or to inform the data controller in another way.

8. Newsletter tracking

ContentScope GmbH’s newsletters contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in emails sent in HTML format to enable log file recording and log file analysis. This enables a statistical evaluation of the success or failure of online marketing campaigns. Using the embedded pixel-code, ContentScope GmbH can identify whether and when an email was opened by a person concerned and which links contained in the email were called up by the person concerned. Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the office responsible for processing in order to optimize newsletter dispatch and to adapt the content of future newsletters even better to the interests of the data subject. This personal data is not passed on to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent given in this regard via the double opt-in procedure. After revocation, these personal data will be deleted by the body responsible for processing. ContentScope GmbH automatically interprets a cancellation of receipt of the newsletter as a revocation.

9. Contact option

Due to legal requirements, the ContentScope GmbH site contains information that enables rapid electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the office responsible for processing by email or using a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the controller are stored for the purposes of processing or contacting the data subject. Such personal data shall not be disclosed to third parties.

10. Routine erasure and blocking of personal data

The controller shall process and store personal data relating to the data subject only for the time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or by any other law or regulation to which the controller is subject. If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or any other relevant legislation expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the law.

11. Rights of the data subject

(a) Right to confirmation

Every data subject has the right granted by the European Directives and Regulations to obtain confirmation from the controller as to whether personal data relating to him are being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact the team of the controller at any time.

(b) Right of access

Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain at any time and free of charge from the controller information on the personal data stored in relation to him/her and a copy thereof. Furthermore, the European Directives and Regulations have granted the data subject access to the following information:

the processing purposes

the categories of personal data processed

the persons or categories of persons to whom the personal data have been or will be disclosed, in particular to persons in third countries or international organisations

if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration

the existence of a right of rectification or erasure of personal data relating to him or her or of a right of opposition to or restriction of the processing by the controller

the existence of a right of appeal to a supervisory authority

if the personal data are not collected from the data subject: All available information on the origin of the data

the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DPA and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject

The data subject shall also have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in relation to the transfer.

If a data subject wishes to exercise this right of access, he or she may contact the team of the controller at any time.

(c) Right of rectification

Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to request the immediate rectification of incorrect personal data concerning him. The data subject shall also have the right to request the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing. If a data subject wishes to exercise this right of rectification, he or she may contact the team of the controller at any time.

The personal data have been collected or otherwise processed for purposes for which they are no longer necessary.

The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) of the DPA or Article 9(2)(a) of the DPA, and there is no other legal basis for the processing.

The data subject lodges an objection to the processing pursuant to Article 21(1) DPA and there are no overriding legitimate reasons for the processing, or the data subject lodges an objection to the processing pursuant to Article 21(2) DPA.

The personal data were processed unlawfully.

The deletion of the personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.

The personal data were collected in relation to information society services offered in accordance with Article 8 (1) of the DS-GVO.

d) Right of deletion (right to be forgotten)

Any person concerned by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate erasure of personal data relating to him or her, where one of the following reasons applies and provided that the processing is not necessary:

the personal data have been collected or otherwise processed for purposes for which they are no longer necessary

the data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) of the DPA or Article 9(2)(a) of the DPA, and there is no other legal basis for the processing.

the data subject lodges an objection to the processing pursuant to Article 21(1) DPA and there are no overriding legitimate reasons for the processing, or the data subject lodges an objection to the processing pursuant to Article 21(2) DPA.

the personal data were processed unlawfully.

the deletion of the personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.

the personal data were collected in relation to information society services offered in accordance with Article 8 (1) of the DS-GVO.

If one of the above reasons applies and a data subject wishes to have personal data stored by ContentScope GmbH deleted, he or she can contact the team at the office responsible for processing at any time. The ContentScope GmbH team will ensure that the request for deletion is complied with immediately.

If the personal data has been made public by ContentScope GmbH and our company as the responsible party is obliged to delete the personal data in accordance with Art. 17 Para. 1 DS-GVO, ContentScope GmbH will take appropriate measures, including technical measures, taking into account the available technology and implementation costs, to inform other data controllers who process the published personal data that the data subject has requested these other data controllers to delete all links to this personal data or copies or replications of this personal data, insofar as the processing is not necessary. The ContentScope GmbH team will make the necessary arrangements in individual cases.

The accuracy of the personal data will be disputed by the person concerned for a period of time that enables the responsible party to verify the accuracy of the personal data.

The processing is unlawful, the data subject refuses to have the personal data deleted and instead demands that the use of the personal data be restricted.

The data controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to assert, exercise or defend legal claims.

The data subject has lodged an objection to the processing pursuant to Article 21 (1) of the DPA and it is not yet clear whether the legitimate reasons given by the controller outweigh those of the data subject.

e) Right to restrict processing

Every person affected by the processing of personal data has the right granted by the European Directives and Regulations to demand that the responsible body restrict the processing if one of the following conditions is met: If one of the above conditions is met and a data subject wishes to demand that personal data stored by ContentScope GmbH be restricted, he/she can contact a person from the responsible body at any time. The ContentScope GmbH team will arrange for the processing to be restricted.

f) Right to data transferability

Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her provided by the data subject to a controller in a structured, common and machine-readable format. He/she also has the right to have this data communicated to another controller without hindrance by the controller to whom the personal data has been made available, provided that the processing is based on the consent pursuant to Art. 6 para. 1 letter a DPA or Art. 9 para. 2 letter a DPA or on a contract pursuant to Art. 6 para. 1 letter b DPA and the processing is carried out by means of automated procedures, unless the processing is 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, when exercising their right to data transferability in accordance with Art. 20 Paragraph 1 DPA, the data subject has the right to obtain that personal data be transferred directly from one responsible person to another responsible person, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons. In order to assert the right to data transferability, the person concerned can contact the ContentScope GmbH team at any time.

g) Right of objection

Every person concerned by the processing of personal data has the right, granted by the European Directives and Regulations, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out on the basis of Article 6(1)(e) or (f) of the DPA. This also applies to profiling based on these provisions. In the event of an objection, ContentScope GmbH will no longer process the personal data unless we can demonstrate compelling reasons for processing that are worthy of protection and outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims. If ContentScope GmbH processes personal data in order to carry out direct advertising, the data subject has the right to object to the processing of personal data for the purpose of such advertising at any time. This also applies to profiling, insofar as it is connected with such direct advertising. If the data subject objects vis-à-vis ContentScope GmbH to processing for the purposes of direct advertising, ContentScope GmbH will no longer process the personal data for these purposes. In addition, the data subject has the right to object, for reasons arising from his or her particular situation, to the processing of personal data relating to him or her that is carried out at ContentScope GmbH for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 DS-GVO, unless such processing is necessary for the performance of a task in the public interest. In order to exercise the right of objection, the data subject may contact any person at ContentScope GmbH directly. The data subject is also free to exercise his/her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.

(h) Automated decisions in individual cases, including profiling

Every person concerned by the processing of personal data has the right, granted by the European Directives and Regulations, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the responsible body, or (2) is authorised by Union or national legislation to which the responsible body is subject and that such legislation provides for appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or (3) is taken with the explicit consent of the data subject. If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the responsible authority or (2) is made with the express consent of the data subject, ContentScope GmbH shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which shall include at least the right to obtain the intervention of a person from the responsible authority, to present its own standpoint and to contest the decision. If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact a person at the controller.

(i) Right to withdraw consent for data protection

Every person affected by the processing of personal data has the right granted by the European Directives and Regulations to revoke consent to the processing of personal data at any time. If the data subject wishes to exercise his or her right to revoke consent, he or she may at any time contact a person from the controller.

12. Privacy policy on the use and application of Facebook

The data controller has integrated components of the company Facebook on this website. Facebook is a social network.

A social network is a social meeting place operated on the Internet, an online community that usually enables people to communicate with each other and interact in virtual space. A social network can serve as a platform for the exchange of opinions and experiences, or enables the Internet community to provide personal or company-related information. Facebook enables users of the social network to create private profiles, upload photos and network via friend requests, among other things.

The operating company of Facebook is Facebook, Inc. 1 Hacker Way, Menlo Park, CA 94025, USA. If a data subject lives outside the USA or Canada, the body responsible for processing personal data is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

Each time a user accesses one of the individual pages of this website, which is operated by the data controller and on which a Facebook component (Facebook plug-in) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Facebook component to download a representation of the corresponding Facebook component from Facebook. A complete overview of all Facebook plug-ins is available at https://developers.facebook.com/docs/plugins/?locale=de_DE. As part of this technical process, Facebook is informed which specific subpage of our website is visited by the person concerned.

If the person concerned is logged in to Facebook at the same time, Facebook recognizes which specific subpage of our website the person concerned is visiting each time the person concerned calls up our website and for the entire duration of their stay on our website. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the person concerned. If the person concerned clicks one of the Facebook buttons integrated on our website, for example the “Like” button, or if the person concerned makes a comment, Facebook assigns this information to the person’s personal Facebook user account and stores this personal data.

Facebook receives information via the Facebook component that the data subject has visited our website if the data subject is logged in to Facebook at the same time when he or she accesses our website; this occurs regardless of whether the data subject clicks on the Facebook component or not. If the data subject does not want this information to be transmitted to Facebook, he or she can prevent the transmission by logging out of his or her Facebook account before accessing our website.

The data policy published by Facebook, which can be accessed at https://de-de.facebook.com/about/privacy/ provides information about the collection, processing and use of personal data by Facebook. It also explains which setting options Facebook offers to protect the privacy of the person concerned. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the data subject to suppress data transfer to Facebook.

13. Privacy policy on the use and application of features of the Amazon Partner Program

As a participant in the Amazon Partner Program, the data controller has integrated Amazon components on this website. The Amazon Components have been designed by Amazon with the aim of enabling people to communicate through advertisements on various Amazon Group websites, including Amazon.co.uk, Local.Amazon.co.uk, Amazon.de, BuyVIP.com, Amazon.fr, Amazon.it and Amazon.es. BuyVIP.com against payment of a commission. The party responsible for processing may generate advertising revenue by using the Amazon components.

The operating company of these Amazon Components is Amazon EU S.à.r.l, 5 Rue Plaetis, L-2338 Luxembourg, Luxembourg.

Amazon sets a cookie on the information technology system of the person concerned. What cookies are has already been explained above. Each time a user accesses one of the individual pages of this website, which is operated by the data controller and on which an Amazon component has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Amazon component to transmit data to Amazon for the purposes of online advertising and the settlement of commissions. As part of this technical procedure, Amazon obtains knowledge of personal data that is used by Amazon to trace the origin of orders received by Amazon and subsequently to enable commission settlement. Among other things, Amazon can trace that the person concerned has clicked on a partner link on our website.

The person concerned can prevent the setting of cookies by our website, as already described above, at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Amazon from setting a cookie on the information technology system of the person concerned. In addition, cookies already set by Amazon can be deleted at any time via an internet browser or other software programs.

Further information and Amazon’s applicable data protection regulations can be found at https://www.amazon.de/gp/help/customer/display.html?nodeId=3312401.

14. Privacy policy on the use and application of Google Analytics (with anonymisation function)

The data controller has integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, collection and evaluation of data on the behaviour of visitors to websites. Among other things, a web analysis service collects data about which website a person concerned came to a website from (so-called referrers), which sub-pages of the website were accessed or how often and for how long a subpage was viewed. A web analysis is mainly used to optimize an internet page and for cost-benefit analysis of internet advertising.

The operating company of the Google Analytics component is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The data controller uses the addition “_gat._anonymizeIp” for web analysis via Google Analytics. By means of this addition, the IP address of the Internet connection of the person concerned is shortened by Google and made anonymous if the access to our Internet pages is from a member state of the European Union or from another state that is a party to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyse the flow of visitors to our website. Among other things, Google uses the data and information obtained to evaluate the use of our website in order to compile online reports for us which show the activities on our website and to provide further services in connection with the use of our website.

Google Analytics places a cookie on the information technology system of the person concerned. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyse the use of our website. Each time one of the individual pages of this website, which is operated by the person responsible for processing and on which a Google Analytics component has been integrated, is called up, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. In the course of this technical procedure, Google receives knowledge of personal data, such as the IP address of the person concerned, which Google uses, among other things, to trace the origin of the persons visiting and clicks and subsequently to enable commission settlements.

By means of the cookie, personal information such as the access time, the location from which an access originated and the frequency of visits to our website by the person concerned is stored. Each time our website is visited, this personal data, including the IP address of the Internet connection used by the person concerned, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical process to third parties.

The person concerned can prevent the setting of cookies by our website, as described above, at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the person concerned. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.

Furthermore, the data subject has the opportunity to object to and prevent the collection of data generated by Google Analytics and relating to the use of this website and the processing of such data by Google. For this purpose, the person concerned must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information about visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is considered by Google to be an objection. If the data subject’s information technology system is deleted, formatted or reinstalled at a later date, the data subject must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the person concerned or another person within his or her sphere of control, the browser add-on may be reinstalled or reactivated.

Further information and Google’s applicable privacy policy can be found at https://www.google.de/intl/de/policies/privacy/ and http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link https://www.google.com/intl/de_de/analytics/.

15. Privacy policy on the application and use of Google Remarketing

On this website the controller has integrated Google remarketing services. Google Remarketing is a feature of Google AdWords that allows a company to display advertising to Internet users who previously lived on the company’s website. The integration of Google Remarketing thus enables a company to create user-based advertising and thus show interested Internet users relevant ads.the operator of the Google Remarketing services is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.the purpose of Google Remarketing is to insert interest-relevant advertising. Google Remarketing enables the placement of advertisements on the Google network or on other websites based on individual needs and tailored to the interests of Internet users.Google Remarketing places a cookie on the information technology system of the person concerned. The definition of cookies is explained above. By setting the cookie, Google makes it possible to recognize the visitor to our website when he or she visits successive websites that are also members of the Google advertising network. Each time a website on which the service has been integrated by Google Remarketing is called up, the web browser of the person concerned automatically identifies itself to Google. In the course of this technical process, Google receives personal information such as the IP address or the surfing behaviour of the user, which Google uses, among other things, to display advertisements relevant to the user’s interests. The cookie is used to store personal information, e.g. the websites visited by the person concerned. During each visit to our website, personal data, including the IP address of the Internet access used by the person concerned, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected during the technical process to third parties. As mentioned above, the person concerned can, at any time, prevent the setting of cookies via our website by means of a corresponding setting in the web browser used and thus permanently prevent the setting of cookies. Such an adjustment of the Internet browser used would also prevent Google from placing a cookie on the information technology system of the person concerned. Furthermore, cookies already used by Google can be deleted at any time via a web browser or other software programs. In addition, the data subject has the opportunity to object to Google’s interest-based advertising. To do so, the data subject must click on the link www.google.de/settings/ads and make the desired settings in any internet browser he or she uses. Further information and Google’s current privacy policy can be found at https://www.google.com/intl/en/policies/privacy/.

16. Privacy policy for the use of Google AdWords

The party responsible for processing has integrated Google AdWords on this website. Google AdWords is an internet advertising service that allows advertising companies to display ads in Google’s search engine results as well as in the Google advertising network. Google AdWords allows advertisers to pre-define keywords that will cause an ad to appear in Google’s search results only when a person uses the search engine to retrieve a keyword-related search result. In the Google advertising network, the ads are distributed to topic-related websites by means of an automatic algorithm and in accordance with the previously defined keywords.

The operating company of the Google AdWords services is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The purpose of Google AdWords is to advertise our website by displaying interest-relevant advertising on the websites of third parties and in the search engine results of the Google search engine and by displaying third-party advertising on our website.

If a person concerned reaches our website via a Google ad, a so-called conversion cookie is stored on the information technology system of the person concerned by Google. What cookies are has already been explained above. A conversion cookie loses its validity after thirty days and does not serve to identify the data subject. If the cookie has not expired, the conversion cookie is used to determine whether certain sub-pages, for example the shopping basket from an online shop system, have been called up on our website. The conversion cookie enables both we and Google to track whether a person who reached our website via an AdWords ad generated sales, i.e. whether he or she completed or abandoned a purchase.

The data and information collected through the use of the conversion cookie is used by Google to create visit statistics for our website. These visit statistics are in turn used by us to determine the total number of people who were referred to us via AdWords ads, i.e. to determine the success or failure of the respective AdWords ad and to optimize our AdWords ads for the future. Neither our company nor other Google AdWords advertisers receive any information from Google that could be used to identify the individual.

The conversion cookie is used to store personal information, such as the websites visited by the person concerned. Whenever our website is visited, personal data, including the IP address of the Internet connection used by the person concerned, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical process to third parties.

The person concerned can prevent the setting of cookies by our website, as described above, at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a conversion cookie on the information technology system of the person concerned. In addition, a cookie already set by Google AdWords can be deleted at any time via the Internet browser or other software programs.

Furthermore, the person concerned has the opportunity to object to interest-based advertising by Google. To do so, the person concerned must access www.google.de/settings/ads from each of the Internet browsers he or she uses and make the desired settings there.

Further information and Google’s applicable privacy policy can be found at https://www.google.de/intl/de/policies/privacy/.

17. Privacy policy on the use of Instagram

The data controller has integrated components of the Instagram service on this website. Instagram is a service that qualifies as an audiovisual platform and allows users to share photos and videos and also to disseminate such data in other social networks.

The operating company of Instagram services is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA.

Each time the data subject accesses any of the individual pages of this Internet site operated by the data controller and on which an Instagram component (Insta Button) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the relevant Instagram component to download a representation of the relevant component of Instagram. As part of this technical process, Instagram is informed which specific subpage of our website is visited by the person concerned.

If the person concerned is logged on to Instagram at the same time, Instagram recognizes which specific subpage is visited by the person concerned each time the person calls up our website and for the entire duration of the respective visit to our website. This information is collected by the Instagram component and assigned by Instagram to the respective Instagram account of the person concerned. If the person concerned clicks on one of the Instagram buttons integrated on our website, the data and information transferred with it is assigned to the personal Instagram user account of the person concerned and stored and processed by Instagram.

Instagram will receive information via the Instagram component that the person concerned has visited our website if the person concerned is logged in to Instagram at the same time when he or she accesses our website, regardless of whether the person concerned clicks on the Instagram component or not. If the person concerned does not wish to receive such information from Instagram, he/she can prevent the transmission by logging out of his/her Instagram account before accessing our website.

Further information and Instagram’s applicable privacy policy can be found at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.

18. Privacy policy on the use of Twitter

The data controller has integrated components of Twitter on this website. Twitter is a multilingual publicly accessible microblogging service where users can post and distribute so-called tweets, i.e. short messages limited to 280 characters. These short messages can be accessed by anyone, including those who are not registered with Twitter. The tweets are also displayed to the so-called followers of the respective user. Followers are other Twitter users who follow the tweets of a user. Furthermore, Twitter enables the addressing of a broad audience via hashtags, links or retweets.

The operating company of Twitter is Twitter, Inc. 1355 Market Street, Suite 900, San Francisco, CA 94103, USA.

Each time the data subject accesses one of the individual pages of this website operated by the data controller and on which a Twitter component (Twitter button) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Twitter component to download a display of the corresponding Twitter component from Twitter. Further information on the Twitter buttons is available at https://about.twitter.com/de/resources/buttons. As part of this technical process, Twitter is informed which specific subpage of our website is visited by the data subject. The purpose of integrating the Twitter component is to enable our users to further disseminate the content of this website, to make this website known in the digital world and to increase our visitor numbers.

If the person concerned is logged on to Twitter at the same time, Twitter will recognize which specific subpage of our website the person concerned is visiting each time the person concerned calls up our website and for the entire duration of their stay on our website. This information is collected by the Twitter component and assigned by Twitter to the respective Twitter account of the person concerned. If the data subject clicks on one of the Twitter buttons integrated on our website, the data and information transmitted in this way is assigned to the personal Twitter user account of the data subject and stored and processed by Twitter.

Twitter receives information via the Twitter component that the data subject has visited our website if the data subject is logged on to Twitter at the same time as accessing our website; this occurs regardless of whether the data subject clicks on the Twitter component or not. If the data subject does not want this information to be sent to Twitter, he or she can prevent it from being sent by logging out of his or her Twitter account before accessing our website.

The applicable data protection regulations of Twitter are available at https://twitter.com/privacy?lang=de.

19. Privacy policy on the use of YouTube

On this website the controller has integrated components from YouTube. YouTube is an Internet video portal that allows video publishers to post video clips and other users for free, and where they can also view, review and comment on them for free. YouTube allows you to publish all types of videos, so that you can access full movies and TV shows as well as music videos, trailers and user-generated videos through the Internet portal. The YouTube operating company is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. The YouTube, LLC is a subsidiary of Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES, and whenever a page of this Internet site, operated by the Controller, is accessed and a YouTube component (YouTube video) is integrated, the Internet browser on the data subject’s computer system is automatically requested to download a display of the corresponding YouTube component. Further information about YouTube is available at https://www.youtube.com/yt/about/en/ If the data subject is logged in to YouTube, each time the data subject accesses a subpage containing a YouTube video, YouTube will recognize which specific subpage of our website the data subject has visited. This information is collected by YouTube and Google and is associated with the individual’s YouTube account, and the YouTube component informs YouTube and Google that the individual visited our site if the individual is logged on to YouTube when he or she visits our site, whether or not the individual clicks on a YouTube video. If such transfer of this information to YouTube and Google is undesirable for the data subject, the transfer may be prevented if the data subject signs out of their own YouTube account before accessing our site. The YouTube privacy policy, available at https://www.google.com/intl/en/policies/privacy/, provides information about the collection, processing and use of personal data by YouTube and Google.

20. Privacy policy on the use and application of DoubleClick

On this website, the controller has integrated components of DoubleClick from Google. The operating company of DoubleClick by Google is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.DoubleClick by Google transfers data to the DoubleClick server for every impression, click and other activity. Each of these data transfers triggers a cookie request to the data subject’s browser. If the browser accepts this request, DoubleClick uses a cookie on the data subject’s information technology system. The definition of cookies is explained above. The purpose of the cookie is to optimize and display advertising. Among other things, the cookie is used to display and place user-relevant advertisements and to create or improve reports on advertising campaigns. DoubleClick uses a cookie ID that is required to perform the technical process. For example, the cookie ID is required to display an advertisement in a browser. DoubleClick may also use the cookie ID to record which ads have already been displayed in a browser to avoid duplicate displays. DoubleClick can also use the cookie ID to track conversions. For example, conversions are tracked when a user has previously been shown a DoubleClick ad and then makes a purchase on the advertiserâ€?s website using the same Internet browser. A DoubleClick cookie does not contain any personal information. However, a DoubleClick cookie may contain additional campaign IDs. A Campaign ID is used to identify campaigns with which the user has already been in contact, and each time the user visits any of the individual pages on this website operated by the Controller that has a DoubleClick component embedded, the Internet browser on the individual’s computer system will automatically be prompted by the relevant DoubleClick component to send data to Google for the purposes of online advertising and commission billing. In the course of this technical process, Google will become aware of any data that Google may use to generate commission calculations. Google may learn, among other things, that a person has clicked on certain links on our site. As stated above, the person concerned can prevent the setting of cookies via our website at any time by means of a corresponding setting on the web browser used and thus permanently prevent the setting of cookies. Such an adjustment of the Internet browser used would also prevent Google from placing a cookie on the information technology system of the person concerned. Furthermore, cookies already used by Google can be deleted at any time via a web browser or other software programs. Further information and DoubleClick’s applicable privacy policy can be found at DoubleClick from Google https://www.google.com/intl/en/policies/.

21. Privacy policy on the use and application of Bing

On this website the controller has integrated components from bing.com by Microsoft. Bing is a trademark of Microsoft Corporation, the operating company of Bing by Microsoft is One Microsoft Way, Redmond, WA 98052-6399, UNITED STATESThis cookie is often used by Microsoft as a unique user ID. It can be set by embedded Microsoft scripts. It is widely believed that it can be synchronized across many different Microsoft domains to enable user tracking. The primary purpose of this cookie is: Targeting/Advertising Privacy Policy, available at https://privacy.microsoft.com/en-us/privacystatement/, provides information about Microsoft’s collection, processing, and use of personal information.

22. Privacy policy on the application and use of Kaltura

On this website the controller has integrated components from Kaltura by Kaltura Inc. The operating company of Kaltura is Kaltura Inc, 250 Park Avenue South, 10th Floor, New York, NY 10003, UNITED STATES.Kaltura provides the Video Platform as a Service for filmin.data protection provisions, available at https://corp.kaltura.com/privacy-policy/, and informs about the collection, processing and use of personal data by Kaltura.

23. Privacy policy on the application and use of zendesk

On this website the controller has integrated components from zendesk. Zendesk, Inc. Attn: Copyright Agent, 1019 Market St., San Francisco, CA 94103, UNITED STATES. zendesk is a product feedback service. Privacy Policy, available at https://www.zendesk.de/company/customers-partners/privacy-policy/, contains information about the collection, processing and use of personal information by Zendesk, Inc.

24. Privacy policy on the use and application of Zoho CRM

On this website, the Controller has integrated components from Zoho CRM by Zoho. Zoho Corporation Pvt. Ltd, Estancia IT Park, Lot No. 140 & 151, GST Road, Vallancherry Village, Chengalpattu Taluk, Kanchipuram District 603 202, INDIA. Zoho CRM is a CRM and sales software for processing customer data from ContentScope GmbH. The data protection regulations, which are available at https://www.zoho.com/privacy.html, provide information about the collection, processing and use of personal data by Zoho.

25. Privacy policy on the Application and Use of Mandrill

On this website the controller has integrated components from Mandrill by Mailchimp. MailChimp® is a registered trademark of The Rocket Science Group LLC d/b/a MailChimp, 675 Ponce de Leon Ave NE, Suite 5000 Atlanta, GA 30308, UNITED STATES. Mandrill is a transactional email API for MailChimp users. The privacy policy, available at https://mailchimp.com/legal/privacy/, contains information about the collection, processing and use of personal data by MailChimp.

26. Privacy policy about the application and use of MailChimp

On this website the controller has integrated components from Mailchimp. MailChimp® is a registered trademark of The Rocket Science Group LLC d/b/a MailChimp, 675 Ponce de Leon Ave NE, Suite 5000 Atlanta, GA 30308, UNITED STATES. Mailchimp is a mailing system for sending information and film recommendations to film customers. Privacy policy, available at https://mailchimp.com/legal/privacy/, provides information about the collection, processing and use of personal data by MailChimp.

27. Privacy policy for the use and application of sooner.de

The person responsible for processing has integrated components from ContentScope GmbH on this Internet site.

The operating company of sooner.de is ContentScope GmbH, Alte Jakobstraße 76, 10179 Berlin, Germany.

The data protection provisions available at https://sooner.de/en/legal/ provide information on the collection, processing and use of personal data by ContentScope GmbH.

28. Payment processing

If you order chargeable content or subscribe to chargeable packages, it is first necessary to conclude a corresponding user contract for the respective chargeable content with sooner.de. The relevant details are contained in the General Terms and Conditions and the respective service descriptions of the contents.

29. Privacy policy for the use and application of Stripe

For payment processing we use the services of Stripe, Inc. 510 Townsend Street, San Francisco, CA 94103, USA (Stripe). We do not store credit card information in connection with the processing of the payment of the fee. Instead, credit card data or the bank details are sent directly to Stripe. For further information on data processing by Stripe, please refer to Stripe’s Privacy Policy.

https://stripe.com/en-IT/privacy

The legal basis for the data processing associated with the use of Stripe is Art. 6 para. 1 lit. b DSGVO.

Stripe collects further data for its own purposes such as to prevent misuse and to develop its products and for marketing purposes. This includes in particular technical usage data (IP address, device identifier or details of the operating system).

Data processing by Stripe is partly carried out on servers in the USA. In the event that personal data is transferred to the USA, Stripe has subjected itself to the EU-US Privacy Shield (https://www.privacyshield.gov/) and has thus undertaken to guarantee the European data protection principles and the local level of data protection also in the context of data processing taking place in the USA.

After payment has been processed you will receive a payment receipt by email. Stripe will inform us about the receipt of payment and we will store the information about the receipt of payment as well as the information about the ordered content or the type of subscription, the duration, the fee, cancellation conditions and the chosen payment method in connection with your sooner.de account, in order to allocate and verify received payments and to manage your ordered content in your sooner.de account. For accounting reasons, the information about payments made will be kept for six years in connection with the registration data. Legal basis for this storage is art. 6 para. 1 lit. c DSGVO in connection with § 257 HGB as well as § 147 AO.

30. Payment via Google Play or App Store

If you want to subscribe to sooner.de with your smartphone or tablet, a connection to Google Play or the App Store will be established after you enter your personal data. So you pay with the payment method that you have chosen in the respective stores or settings.

For general information on in-app purchases, click here:

Android apps: https://support.google.com/googleplay/answer/1061913?hl=de

iOS Apps: https://support.apple.com/de-de/HT202023

31. Privacy policy on the deployment and use of Apple Pay

We also use the services of Apple Pay to process payments. Apple Pay is a service of Apple Inc, One Apple Park Way, Cupertino, CA 95014, USA. Apple Pay uses security features built into the hardware and software of your device to protect your transactions. In addition, to use Apple Pay, you must set up a code for your device and, optionally, Face ID or Touch ID. You can use a simpler or more complex structured code, depending on the level of security you require.

Apple Pay is designed to protect your personal information. Apple does not store or have access to the original credit, debit, or prepaid card numbers used with Apple Pay. In addition, Apple does not store any transaction data that could identify you when you use Apple Pay with credit, debit or prepaid cards - your transactions are visible only to you, ContentScope GmbH and your bank or card issuer.

If you are using Apple Pay on iOS, watchOS, or macOS sooner.de with support for Apple Pay, our app or website can verify that Apple Pay is enabled on your device. You can manage this option via Preferences > Safari on your iOS device and in the Privacy tab of your Mac’s Safari preferences.

To securely submit your payment information when paying in our apps or browser, Apple Pay receives your encrypted transaction and encrypts it again with a specific key before sending the transaction information to the payment processor. This key ensures that only sooner.de can access your encrypted payment data. Apple sends your device account number to sooner.de along with the transaction-specific dynamic security code. Neither Apple nor your device sends the actual number of your payment card to sooner.de.

Apple will retain anonymized transaction information, including the approximate purchase amount, our app name, approximate date and time, and whether the transaction was completed successfully. Apple uses this information to improve Apple Pay and other products and services.

When you use Apple Pay on iPhone or the Apple Watch to confirm a purchase made through Safari on Mac, the Mac and the authorization device communicate through an encrypted channel on Apple’s servers. Apple does not keep any of this information in a format that can identify you personally. You can disable the ability to use Apple Pay on your Mac in your iPhone preferences. Select “Wallet & Apple Pay” and disable “Allow payments on Mac.

You can view more details about Apple Pay and privacy directly on your device. On your iOS device, go to “Wallet & Apple Pay” in Preferences and tap “How your data is managed. On your Mac, go to Wallet & Apple Pay in System Preferences and click Apple Pay and Privacy.

For more information about how Apple protects your privacy and personal information, see the iOS Security Guide and Apple’s Privacy Policy.

https://www.apple.com/de/privacy/

32. Privacy policy for the use and application of PayPal

We also use the services of PayPal for payment processing. If you pay via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (PayPal), within the framework of the payment processing. The data will be passed on in accordance with Art. 6 para. 1 lit. b DSGVO and only to the extent necessary for the processing of the payment.

If you choose PayPal as your payment method, your data required for the payment process will automatically be transmitted to PayPal. This regularly involves data such as name, address, email address, IP address.

PayPal may share information submitted to PayPal with credit reporting agencies. The purpose of this transmission is to check identity and creditworthiness. PayPal may also pass on your data to third parties if this is necessary to fulfil contractual obligations or if the data is to be processed on behalf of a third party. For further information on data protection, please refer to PayPal’s privacy policy.

https://www.paypal.com/de/webapps/mpp/ua/privacy-full

33. Privacy policy on the use and application of Klarna

We also use the services of Klarna Bank AB (publ), a company incorporated under Swedish law, registered in the Swedish Companies Register under number 556737-0431 and having its principal place of business at Sveavägen 46, 111 34 Stockholm, Sweden (Klarna). In order to offer you Klarna’s payment options, we will provide Klarna with personal information, such as contact details and order details. This will enable Klarna to assess whether you can use the payment options offered through Klarna and to adjust the payment options to your needs.

General information about Klarna can be found here.

https://www.klarna.com/de/

Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna’s privacy policy.

https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy

The data will be passed on in accordance with Art. 6 Para. 1 lit. a and b DSGVO and only to the extent that this is necessary for payment processing.

34. Legal basis for the processing

Art. 6 I lit. a DS-GVO serves our company as a 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 a party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a person in our company were to be injured and their name, age, health insurance data or other vital information would then have to be passed on to a medical institution, hospital or other third party. The processing would then be based on Art. 6 I lit. d DS-GVO.

Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations which are not covered by any of the above legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they are specifically mentioned by European legislation. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a person with a business relationship with the responsible body (Recital 47 sentence 2 DS-GVO).

35. Legitimate interests in processing pursued by the controller or a third party

If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is to carry out our business activities for the benefit of the well-being of our team.

36. Duration for which personal data are stored

The criterion for the duration of storage of personal data is the respective legal retention period. After expiry of this period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment of the contract or the initiation of a contract.

37. Legal or contractual provisions on the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data

We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. details of the contract). Sometimes it may be necessary for a contract to be concluded that a person concerned provides us with personal data, which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the person concerned provides personal data, he or she must contact our team. Our team will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.

38. Existence of automated decision making

As a responsible company, we avoid automatic decision making or profiling.

39. Changes

ContentScope reserves the right to change this privacy policy. You can view the current version of the Privacy Policy at any time via the Apps or website.

Version: Status: June 2020