Data Protection Internal Policy in accordance with the EU General Data Protection Regulation (GDPR)

Preamble

This Personal Data Protection and Privacy Policy serves to keep you informed about the ways Showheroes and our affiliated companies use and manage your personal data called "Personal Data" for all data processing implemented within the framework of our business relationships and activities.

ShowHeroes does not track personal data in its video player widgets, which are integrated on countless partner websites, without user consent. In particular, no cookies are set there without the necessary consent, nor is user data (including IP addresses or device IDs) stored in such a way that a user could be identified again at a later date.

ShowHeroes video player widgets also support various consent management platforms (CMPs) to protect the privacy wishes of each user in relation to affiliated advertising partners. See:

https://iabtechlab.com/standards/gdpr-transparency-and-consent-framework/ for more information.

Goal of the Data Protection Policy

The goal of the data protection policy is to depict the legal data protection aspects in one summarising document. It can also be used as the basis for statutory data protection inspections, e.g. by the customer within the scope of commissioned processing.

Scope

The requirements of the GDPR apply to personal data of EU residents and to anyone in the organisation who processes that information.

Definitions

The data protection declaration of ShowHeroes is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, inter alia, the following terms:

Personal data

Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Data subject

Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

Profiling

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

Pseudonymisation

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

Controller or controller responsible for the processing

Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

Processor

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

Recipient

Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

Record of Processing Activities

Among the obligations set out by the General Data Protection Regulation (GDPR), there is one on maintaining records of processing activities (ROPA). It is an internal record that contains the information of all personal data processing activities carried out by the company or organisation. In Article 30, GDPR lays out provisions regarding the obligation of maintaining records, their content, their form, their obligation on making records available to the data protection authority, and the exceptions to the obligation of maintaining a record. It is intended as an accountability measure for companies and a first step down the road of compliance to data protection laws.

Principles

The following are the principles of the GDPR for the processing of personal data with which ShowHeroes is committed to respect and comply with.

• Lawfulness, fairness, and transparency 

Whenever you’re processing personal data, you should have a good reason for doing so. GDPR terms this principle lawfulness. Reasons for processing data can include:

• The user has given you consent to do so. 

• You must do it to make good on a contract.

• It’s necessary to fulfill a legal obligation.

• For protection of vital interests of a natural person.

• It’s a public task done in public interest.

• You can prove you have legitimate interest, and it’s not overridden by data subject’s rights and interests.

The concept of fairness laid out in the GDPR goes hand-in-hand with lawfulness. It means you shouldn’t purposely withhold information about what or why you’re collecting data. In other words, users wouldn’t be surprised if they knew how you were using their data. Fairness means you won’t mishandle or misuse the data you collect.

Transparency is inherently linked to fairness: Being clear, open, and honest with data subjects about who you are, and why and how you’re processing their personal data is the definition of transparency. By following it, you act fairly towards your data subjects.

• Purpose limitation

The GDPR’s second principle sets boundaries around using data only for specific activities. This purpose limitation means data is “collected for specified, explicit, and legitimate purposes” only, as stated in the GDPR.

Your purposes for processing data must be clearly established. And they must also be clearly communicated to individuals through a privacy notice. Finally, you must follow them closely, limiting the processing of data to only the purposes you’ve stated.

If at any point, you want to use the data you’ve collected for a new purpose that’s incompatible with your original purpose, you must ask specifically for consent again to do it — unless you have a clear obligation or function set out in law.

• Data minimization

Only collect the smallest amount of data you’ll need to complete your purposes. This is the GDPR principle of data minimization. For example, if you want to gather subscribers for your email newsletter, you should only ask for information necessary to send out the newsletters. Avoid gathering personal data such as phone numbers or home addresses, which aren’t directly related to your purpose.

• Accuracy 

It’s up to you to ensure the accuracy of the data you collect and store. Set up checks and balances to correct, update, or erase incorrect or incomplete data that comes in. Also have regular audits on the calendar to double check the cleanliness of stored data.

• Storage limitation

According to the GDPR, you have to justify the length of time you’re keeping each piece of data you store. Data retention periods are a good thing to establish to meet this storage limitation policy. Create a standard time period after which you’ll anonymise any data you’re not actively using. 

• Integrity and confidentiality

The GDPR requires you maintain the integrity and confidentiality of the data you collect, essentially keeping it secure from internal or external threats. This takes planning and proactive diligence. You must protect data from unauthorised or unlawful processing and accidental loss, destruction, or damage.

• Accountability 

The GDPR regulators know an organisation can say they’re following all the rules without actually doing it. That’s why they require a level of accountability: You must have appropriate measures and records in place as proof of your compliance with the data processing principles.  Supervisory authorities can ask for this evidence at any time. Documentation is key here. It creates an audit trail you — and authorities — can follow if you do need to prove responsibility.

Rights of the Data Subject

We inform you of the possibility of exercising at any time the rights that are recognized by GDPR and data protection laws, reported as follows:

Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact the mailbox gdpr@showheroes.com and fill in this form: https://docs.google.com/forms/d/1jEbYzdxQapClLAe4fWibkN8sAtvu-RXiQSPHy-BjASE/edit with the details of him or her enquiry.

Right of access

Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

• the purposes of the processing;

• the categories of personal data concerned;

• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;

• where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

• the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;

• the existence of the right to lodge a complaint with a supervisory authority (Privacy Guarantor);

• where the personal data are not collected from the data subject, any available information as to their source;

• the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact the mailbox gdpr@showheroes.com and fill in this form:

Right to rectification

According to Article 16 of the GDPR, each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact the mailbox gdpr@showheroes.com and fill in this form: with the details of him or her enquiry.

Right to erasure (right to be forgotten)

Each data subject shall have the right granted by Article 17 of the GDPR to obtain the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

• the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

• the data subject withdraws consent to which the processing is based according to point (a) of Article 6.1 of the GDPR, point (a) of Article 9.2 of the GDPR, and where there is no other legal ground for the processing;

• the data subject objects to the processing pursuant to Article 21 of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 of the GDPR;

• the personal data have been unlawfully processed.

• the personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

• the personal data have been collected in relation to the offer of information society services referred to in Article 8.1 of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by ShowHeroes, he/she may, at any time, contact any employee of the controller.

The controller shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17.1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. If a data subject wishes to exercise this right to erasure, he or she may, at any time, contact the mailbox gdpr@showheroes.com and fill in this form: with the details of him or her enquiry.

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Right to obtain the portability of your data, according to Article 20 of the GDPR

Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact the mailbox gdpr@showheroes.com and fill in this form: with the details of him or her enquiry.

Right to withdraw data protection consent

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact the mailbox gdpr@showheroes.com fill in this form: with the details of him or her enquiry.

Right to oppose data processing, according to the Article 21 of the GDPR

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

ShowHeroes shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.

If ShowHeroes processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to ShowHeroes to the processing for direct marketing purposes, ShowHeroes will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by ShowHeroes for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may contact the mailbox gdpr@showheroes.com fill in this form: with the details of him or her enquiry. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

Right to oppose an automated decision-making process relating to natural persons, including profiling

Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, ShowHeroes shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, and the data subject may contact the mailbox gdpr@showheroes.com and fill in this form: with the details of him or her enquiry.

Any request can be addressed to:

e-mail: gdpr@showheroes-group.com

dpo@showheroes-group.com

address: ShowHeroes SE - Data Privacy Officer, Brunnenstraße, 154 - 10115 Berlin

Key Parties

The personal data that may be collected directly from the data subject will be treated confidentially and will be included in the corresponding processing activity owned by Showheroes

The updated list of the processing activities carried out by the Showheroes is available at the following address:

Purpose of Processing

The purpose of the data processing corresponds to each of the processing activities carried out by the Showheroes and which are accessible in the record of processing activities.

Legitimation

The processing of your data is carried out in order to comply with legal obligations on the part of the Showheroes, we can also process your data in accordance with legitimate interest in the following cases, as well as when the purpose of the processing requires your consent, which must be given by means of a clear affirmative action.

You can consult the legal basis for each of the processing activities carried out by Showheroes here:

Existing technical and organisational measures (TOM)

Appropriate technical and organisational measures that must be implemented and substantiated, taking into account, inter alia, the purpose of the processing, the state of the technology and the implementation costs.

The description of the implemented TOM are based on the structure of ISO/IEC 27002. See where different Policies and Procedures are more detailed which they include:

• Access control

• Information classification (and handling thereof)

• Physical and environmental-related security for end users such as:

  • Permissible use of values

  • Guideline for information transfer based on the work environment and screen locks

  • Mobile devices and telecommuting

  • Restriction of software installation and use

• Data backup

• Information transfer

• Protection against malware

• Handling technical weak points

• Cryptographic measures

• Communication security

• Privacy and protection of personal information

• Supplier relationships: Noting regular inspection and evaluation of data processing, especially the efficacy of the implemented technical and organisational measures.