Amsterdam Berlin

Privacy Policy of Amsterdam Berlin GmbH

The protection of your personally identifiable information (the “data” or “personal data”) during your visit to our website is an important concern for us. Your data will be protected within the framework of the applicable statutory provisions. Below you will find information on which data is collected during your visit to our website and how it is used:

I. Name and address of the person responsible

The responsible person within the meaning of the General Data Protection Regulation (EU) 2016/679 (the “GDPR”) and other national data protection laws of the member states as well as other data protection regulations is:

Amsterdam Berlin GmbH
Represented by its Managing Director Moritz Grub
Strausberger Platz 19, 10243 Berlin
E-mail: info@amsterdamberlin.com
Website: www.amsterdamberlin.com

(“we”, “us”, “our”)

II. General information on data processing

1. As a matter of principle, we process personal data of users and visitors of our website (sometimes also referred to as a “data subject”) only insofar as this is necessary for the provision of a functional website as well as our contents and services. In principle, the processing of personal data of users and visitors of our website is carried out with the consent of the respective user or visitor. Exceptions apply in those cases in which it is not possible to obtain prior consent for actual reasons and the processing of the data is permitted by and/or required under applicable law.

2. Insofar as we obtain the consent of the data subject for processing operations of personal data, Article 6 (1) lit. a) GDPR serves as the legal basis. When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) lit. b) GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures. Insofar as the processing of personal data is necessary for the fulfilment of a statutory or other legal obligation to which our company is subject, Art. 6 (1) lit. c) GDPR serves as the legal basis. If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh our legitimate interest, Art. 6 (1) lit. f GDPR serves as the legal basis for the processing.

3. Our website is hosted by Vercel Inc., 440 N Barranca Avenue #4133, Covina, CA 91723, United States of America (“Vercel”). We use Vercel as a processor pursuant to Art. 28 GDPR within the framework of a data processing agreement for the provision of our website hosting and related services. In the course of the data processing by Vercel, data may be stored and processed outside the European Union. Vercel is certified under the “EU-U.S. Data Privacy Framework” for which the European Commission adopted the adequacy decision on July 10, 2023. In addition, the EU standard contractual clause which constitute appropriate guarantees of the processor in accordance with the European Commission Decision 2021/914 as of June 4, 2021, are subject of our data processing agreement with Vercel. The data processing agreement is published under the URL: https://vercel.com/legal/dpa.

4. The personal data of the data subject will be deleted or anonymized as soon as the purpose of the storage in a personally identifiable manner no longer applies. Storage may take place for a longer period if so permitted by or required under applicable laws or other provisions to which we are subject. Data will also be blocked or anonymized if a storage period prescribed herein expires, unless there is a necessity for the continued storage of the data for and/or otherwise in connection with the preparation, conclusion or fulfilment of a contract or pursuant to applicable law (in particular to comply with retention obligations under commercial and tax law).

III. Log files

1. Each time our website is accessed, our system automatically collects data and information transmitted by the operating system and/or browser of the accessing device.

The following data is collected:

Information about the browser type and the version used.
The user's operating system
The user's internet service provider
The IP address of the user
Date and time of access
Websites from which the user's system accesses our website

This data is also stored in the log files of our system and is therefore referred to as the “log files”. The log files are not stored together with other personal data of the user or visitor of our website. Recipients of the log files may also be IT service providers which we use as processors pursuant to Art. 28 GDPR within the framework of a data processing agreement.

2. The legal basis for the aforementioned storage and processing of the data is Art. 6 (1) lit. f) GDPR. Our legitimate interest is the operation of an online presence and the provision of an adequate security level of our IT systems. Without disclosure of certain technical information such as the IP address, the use of our website is not possible.

3. The storage and processing of the IP address by the system is necessary to enable delivery of the contents of the website to the browser used on the respective user's/visitor’s device. The storage of the data in log files is required to ensure the functionality of the website. In addition, we use the data to ensure the security of our IT systems.

4. The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated, so that a personal assignment of the remaining technical information is no longer possible.

IV. Cookies

1. Our website may use certain cookies. Cookies are text files that are stored on the visitor’s device by the Internet browser used for visiting our website. This cookie contains a characteristic string of characters that enables the browser to be read and processed when the website is visited again using the same device. We use only cookies which are technically required to make our website more user-friendly and to protect our website and the users and visitors of our website against security attacks, such as e.g. so-called cross-site request forgery attacks.

2. The legal basis for the processing of personal data using cookies is Art. 6 (1) lit. f) GDPR. Our legitimate interest is to provide an adequate level of security for our IT systems and for the users and visitors of our website.

3. Users and visitors of our website can deactivate cookies at any time in their respective browser; different browsers offer different ways to configure the respective cookie settings. If cookies are deactivated in the browser settings, some contents of our website may not or no longer be displayed properly and it may no longer be possible to use all the functions of the website to their full extent.

V. Audiovisual content from third parties

1. Our website may link to or embed audiovisual (mostly video) files featuring productions we have contributed to, such files being stored and made accessible to the public on external content platforms. When the playback of this content starts, the file is loaded from the respective platform. In this event, also such external content platform receives all information automatically transferred by the user’s browser (including the IP address of the device used for the website visit).

2. These external content platforms may also set their own cookies on the device used for the website visit, regardless of whether the respective user is having their own account on such content platform. If the user is logged in to such account on the respective content platform, their data may be directly associated with the user’s account on such content platform.

3. Further information and the applicable privacy information provided by the external content platforms:

Content embedded from Vimeo:
The collection and processing of this data is the sole responsibility of Vimeo.com, Inc., 555 West 18th Street, New York, New York 10011, United States of America (“Vimeo”). We have no control or influence on the data storage and processing by Vimeo. Information about the storage and processing of personal data by Vimeo is provided in the Vimeo Privacy Policy: https://vimeo.com/privacy. Vimeo is certified under the “EU-U.S. Data Privacy Framework” for which the European Commission adopted the adequacy decision on July 10, 2023.

Content embedded from YouTube:
The collection and processing of this data is the sole responsibility of Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland. Google Ireland Limited uses Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States of America, as their further service provider (jointly and severally, “Google”). We have no control or influence on the data storage and processing by Google. For information about the processing of personal data by Google, please refer to the Google Privacy Policy: https://policies.google.com/privacy. Google LLC is certified under the “EU-U.S. Data Privacy Framework” for which the European Commission adopted the adequacy decision on July 10, 2023.

VI. Contact form and e-mail contact

1. We collect personal data if we are contact by e-mail or through a contact form which may be provided on our website. This may be most likely the name, address, email address, phone and/or any other data provided to us by the person contacting us. The data is stored and processed by us to answer the respective inquiry and to document the communication in connection with any . Where a contact form is used, additional data may be the IP address of the user and thedate and time of confirmation of the data input in the form.

The data may be processed by IT service providers which we use as processors pursuant to Art. 28 GDPR within the framework of a data processing agreement, in particular by Vercel as the provider of hosting services.

2. The legal basis for the processing of the data is Art. 6 (1) lit. a) GDPR (consent). If an inquiry aims for or otherwise leads to the preparation or conclusion of a contractual relationship, the legal basis for the processing is also Art. 6 (1) lit. b) GDPR. In all other cases,
the legal basis for the processing of data is Art. 6 (1) lit. f) GDPR, our legitimate interest is the adequate response to enquiries. We may also be required to process the data due to statutory retention obligations, in this case the legal basis is provided by Art. 6 (1) lit.c) DSGVO.

3. We may be unable to answer your inquiry or enter into a contractual relationship if we do not receive the data required to do so. In principle, personal data processed in the course of an exchange of emails or through our contact form will be deleted when the purpose has been achieved and the storage of such data is no longer required. Notwithstanding the foregoing, business communication and contractual information will be stored in accordance with statutory obligations (up to 10 years after the end of the contractual relationship).

VII. Newsletter subscription

1. When a data subject subscribes or is subscribed to our newsletter, we will collect and use the data required for the delivery of such newsletter (name, email address).

2. The legal basis is provided by Art. 6 para. 1 lit. a) GDPR (consent). If we have an existing contractual relationship with the subscriber and the subscriber has not unsubscribed from the newsletter, the legal basis is provided by Art. 6 para. (1) lit. b) and f) GDPR in connection with § 7 UWG.

3. We use Klaviyo Inc., 125 Summer Street, Floor 6, Boston, MA 02110, United States of America (“Klaviyo”) as a processor pursuant to Art. 28 GDPR within the framework of a data processing agreement for the provision of newsletter and related services. It is possible that, in the course of the data processing by Klaviyo, data may be stored and processed outside the European Union. Klaviyo is certified under the “EU-U.S. Data Privacy Framework” for which the European Commission adopted the adequacy decision on July 10, 2023. In addition, the EU standard contractual clause which constitute appropriate guarantees of the processor in accordance with the European Commission Decision 2021/914 as of June 4, 2021, are subject of our data processing agreement with Klaviyo. The data processing agreement with Klaviyo may be found under the following URL: https://www.klaviyo.com/legal/data-processing-agreement.

4. You can unsubscribe from the newsletter at any time by using the link provided for this purpose in the respective newsletter.

VIII. Our online presences on Instagram, Vimeo and LinkedIn

1. Our presence on social networks and platforms serves to improve active communication with our clients, customers and other interested parties. We provide information there about our services and projects. When a user visits and/or contacts us through our online presence on the social media platforms, data (such as the name, profile picture, the content of the communication, if any, and further usage data) may be collected for analytic purposes.

Instagram:
For users in the EU or the European Economic Area, we and Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland (“Meta”) are jointly responsible for the processing of data via our social media presence on the social media platform Instagram. The joint controllership agreement is available at: https://www.facebook.com/legal/terms/page_controller_addendum. According to this agreement, Instagram is responsible for informing the data subjects about the processing activities. The privacy policy for social media presences for the Instagram social media platform is available at: https://privacycenter.instagram.com/policy/?entry_point=ig_help_center_data_policy_redirect. Data subjects may exercise their rights in respect of and against each of the controllers, i.e. Amsterdam Berlin and/or Meta. For more information on the data Meta shares with us, please see:
https://facebook.com/help/instagram/788388387972460?helpref=related. Meta uses the Meta Platforms Inc., 1 Hacker Way, Menlo Park, CA 94025, United States of America as their further service provider so that it is possible that, in the course of the data processing by Meta, data may be stored and processed outside the European Union. Meta Platforms, Inc. is certified under the “EU-U.S. Data Privacy Framework” for which the European Commission adopted the adequacy decision on July 10, 2023.

The legal basis for the processing of this data is provided by Art. 6 para. 1 lit. f) GDPR, our legitimate interest is to offer our clients, customers and other interested parties such way of communication and to analyse how we can improve our Instagram presence.

Vimeo:
We operate a page on the platform Vimeo. The collection and processing of the data collected on that page is the sole responsibility of Vimeo.com, Inc., 555 West 18th Street, New York 10011, United States of America (“Vimeo”). We have no knowledge of further details of the processing of personal data in the area of data controllership of Vimeo and we have no influence on the data processing of Vimeo. For information about the processing of personal data by Vimeo, please refer to the privacy policy published by Vimeo: https://vimeo.com/privacy. Vimeo is certified under the “EU-U.S. Data Privacy Framework” for which the European Commission adopted the adequacy decision on July 10, 2023.

LinkedIn:
For users in the EU or the European Economic Area, we and LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland (“LinkedIn”) are jointly responsible for the processing of data via our social media presence on the social media platform LinkedIn. The joint controllership agreement is available at: https://legal.linkedin.com/pages-joint-controller-addendum. According to this agreement, LinkedIn is responsible for informing the data subjects about the processing activities. The privacy policy of LinkedIn is available at: https://www.linkedin.com/legal/privacy-policy. Data subjects may exercise their rights in respect of and against each of the controllers, i.e. Amsterdam Berlin and/or LinkedIn. For more information on the data LinkedIn shares with us, please see https://www.linkedin.com/help/linkedin/answer/4499/viewing-company-page-analytics?lang=en. LinkedIn is using LinkedIn Corporation, 1000 W. Maude Avenue, Sunnyvale, CA 94085, United States of America as their further service provider so that it is possible that, in the course of the data processing by LinkedIn, data may be stored and processed outside the European Union. LinkedIn Corporation is certified under the “EU-U.S. Data Privacy Framework” for which the European Commission adopted the adequacy decision on July 10, 2023.

IX. Rights of the data subject

A data subject within the meaning of the GDPR has the following rights:

Each data subject has the right to request information at any time about all personal data which we are processing of the respective data subject.
If personal data of a data subject is incorrect or incomplete, the data subject has the right to have it rectified and completed.
Each data subject can request the deletion of their personal data at any time, as long as we are not bound by legal obligations that require or allow us to continue processing and/or storing such data.
If the applicable legal requirements are met, each data subject can request a restriction to the processing and/or storage of their personal data.
Each data subject has the right to object to the processing, insofar as the data processing is based on profiling or direct marketing purposes.
If the processing is carried out on the basis of the balancing of interests, data subjects may object to the processing of their data by stating reasons arising from their particular individual situation.
If the data processing takes place on the basis of a consent or a contract, the data subject has the right to a transfer of the data provided by such data subject, insofar as and to the extent that the rights of third parties are not impaired by such transfer.
If we process data on the basis of a declaration of consent, a data subject has the right to revoke their respective consent at any time with future effect. The processing carried out prior to any such revocation remains unaffected by the revocation.
Each data subject has the right to file a complaint at any time with a data protection supervisory authority, if such data subject believes that data processing has been carried out in violation of applicable law.

We do not use any methods of automated individual decision-making.