2. What do we do with your personal data?
a) When you use our website or contact us
The provision of this website requires the processing of personal data, such as your IP address. This processing is necessary for the retrieval of the content displayed on this website (including its functions) and for IT security measures.
You also have the option of contacting us via our contact form. For this purpose, we collect the personal data that you submit to us.
(1) Legal basis
The processing of your personal data for the provision of this website and for communication purposes is based on our overriding legitimate interest. For the provision of this website it is technically necessary that we process certain personal data (e.g. the IP address). For your communication with us, it is necessary that we handle your respective personal data.
(2) Weighing of interests
Within the framework of the necessary balancing of interests, we have weighed up your interest in confidentiality and our interests in providing this website and contacting you. In each case, your interest in confidentiality recedes. Otherwise, we would not be able to provide you with this website or respond to your contact request.
(3) Recipient categories
We use various service providers as part of the provision of the website. These service providers may process personal data partly outside the EU / EEA (see below the section "Data transfer to third countries"). We transfer personal data to these service providers for this purpose. The service providers have been obligated by us to exercise the same care in processing personal data as we do ourselves.
b) When you request a demo
You have the option to request a demo from us (e.g. by e-mail). For this purpose, we collect the personal data that you provide to us when contacting us.
(1) Legal basis
The processing of your personal data is based on our overriding legitimate interest. For your communication with us and our communication with you, it is necessary that we handle your respective personal data.
(2) Weighing of interests
Within the framework of the necessary balancing of interests, we have weighed up your interest in confidentiality and our interest in contacting you. In each case, your interest in confidentiality recedes. Otherwise, we would not be able to respond to your contact request.
c) When you enter into a subscription or individual agreement with us
Before creating an account in on our portal, you will conclude a subscription agreement with us. For this purpose, we collect the personal data that you enter in the contract.
(1) Legal basis
We process your personal data for the initiation, implementation and execution of the corresponding contract.
(2) Recipient categories
We may transmit personal data to service providers within the scope of service provision in order to execute the contract. If you unlawfully refuse your payment obligation, we might transmit your personal data to debt-collection agencies.
(3) Mandatory information
If fields are marked with * in the respective contract form, these are mandatory fields. This personal data is required for the conclusion of a contract with us. If you do not provide this personal data, we cannot conclude the respective contractual relationship.
d) When you create an account in our portal with a subscription
With a (company) subscription agreement, users can create an account to access the portal. For this purpose, those personal data are processed that are required for verification and portal registration.
(1) Legal basis
Your personal data is processed for the purpose of initiating or implementing a contractual relationship and/or creating the user account to give you access to the portal. In addition, we process your personal data in part due to legal requirements and our overriding legitimate interest.
(2) Weighing of interests
As part of the necessary balancing of interests, we have weighed up your confidentiality interests and our interests in your verification for registration on our portal. In each case, your confidentiality recedes. Otherwise, we would not be able to carry out verification for you.
e) When we anonymize personal data of the originators
We anonymize the personal data of the authors, performers and other beneficiaries of transparency reporting communicated by the users of the Cleriti Portal (i.e. usually the following: name, email adress,role) in order to process them for our own purposes, to analyze or evaluate them for statistical purposes.
(1) Legal basis
The processing of personal data in the context of such anonymization is based on our overriding legitimate interest.
(2) Weighing of interests
As part of the necessary balancing of interests, we have weighed up your interest in confidentiality against our interest in anonymization. Your interest in confidentiality recedes. We would otherwise not be able to achieve such anonymization. The GDPR does not apply to anonymous data.
(3) Recipient categories
We use service providers for the anonymization process. We transmit personal data to these service providers for this purpose. These service providers are contractually obligated by us to exercise the same care in handling personal data as we do ourselves.
f) When we process personal data of the authors or performing artists or other beneficiaries in the portal for our own purposes
We might process the personal data of the authors or performing artists communicated by the users of the Cleriti Portal (i.e. usually the following data name, address, email address) in order to process them for our own purposes (e.g.to analyze them or to evaluate them for statistical purposes) or as the case may be also to be able to offer separate and independent services to the authors or performing artists more easily and efficiently and with better results.
(1) Legal basis
The processing of personal data in the context of such processing is based on our overriding legitimate interest.
(2) Weighing of interests
As part of the necessary balancing of interests, we have weighed up your interest in confidentiality against our interests in appropriate processing. Your interest in confidentiality recedes. Otherwise, we would not be able to improve our services and products.
g) If we sell our company and/or a service
We reserve the right to sell our company and/or a service in whole or in part. In doing so, we may transfer your personal data to a third party in the future, in compliance with the respective data protection requirements. We will inform you about this with a notice period of at least 30 days with reference to the consequences for further use of our services.
(1) Legal basis
The processing of your personal data in the context of such a sale is based on our overriding legitimate interest. For the processing of a corporate transaction, it may be necessary for us to transfer your respective personal data to a third party.
(2) Weighing of interests
As part of the necessary balancing of interests, we have weighed up your confidentiality interests against our interests in a corresponding sale. In each case, your confidentiality interests recedes. Otherwise we would not be able to carry out such a sale.
h) If you allow the use of cookies and analytics tools in your browser
We can use so-called "cookies" and analysis tools on our website and portal. Some providers we use may also process your personal data outside the EU / EEA (see below the section "Data transfer to third countries").
Cookies are data records that are stored by a web server on the end device (e.g. computer, smartphone or tablet) of the user. When our website or portal is called up again with the same end device, these may be sent back either to our portal ("first party cookies") or to another website to which the cookie belongs ("third party cookies"). Switching off the cookie function in your browser does not restrict the use of our portal and the services offered to you.
(1) Legal basis
The legal basis for the use of technically necessary cookies/identifiers is our legitimate interest. The storage of information in the terminal equipment or access to information already stored in your terminal equipment is absolutely necessary for us to be able to provide the service expressly requested by you as a user.
Otherwise, the legal basis in each case is generally your consent, if no specific legal basis is mentioned below. You can revoke your consent at any time with effect for the future, e.g. by deleting cookies set via the browser settings of your end device.
Please note that for technical reasons, this procedure only applies to the specific end device used. You can also prevent the collection and processing of your personal data by, for example, preventing the storage of cookies from third-party providers on your end device.
3. How long do we store your personal data?
We delete your personal data when the respective purpose of storage ceases to apply and no statutory provision requires retention.
4. What are your data subject rights?
Please contact us at the above contact details to exercise your rights and to withdraw your consent.
a) You have the right to request information about all personal data we process about you at any time.
b) If your personal data is incorrect or incomplete, you have the right to have it corrected and completed.
c) You may request the deletion of your personal data at any time, unless we are legally obligated or entitled to continue processing your data.
d) If the legal requirements are met, you may request restriction of the processing of your personal data.
e) You have the right to object to processing insofar as the data processing is carried out for the purpose of direct marketing or profiling. If the processing is carried out on the basis of a balancing of interests, you may object to the processing by stating the reasons arising from your particular situation.
f) If the data processing is carried out on the basis of your consent or within the framework of a contract, you have a right to the transfer of the data provided by you, provided that this does not affect the rights and freedoms of other persons.
g) If we process your data on the basis of a declaration of consent, you have the right to revoke this consent at any time with effect for the future. The processing carried out before a revocation remains unaffected by the revocation.
h) You also have the right to lodge a complaint with a data protection supervisory authority at any time if you believe that data processing has been carried out in breach of applicable law.
The data protection authority that is responsible for us is the Dutch Data Protection Authority as follows:
Autoriteit Persoonsgegevens
PO Box 93374
2509 AJ DEN HAAG
The Netherlands
Telephone number: +31 (0)70 - 888 85 00
i) We will notify all recipients to whom we have disclosed personal data of any rectification or erasure of your personal data or restriction of the relevant processing, unless this proves impossible or involves a disproportionate effort. We will inform you of the recipients applicable to you if you request this.
5. In what context do we create automatic profiles?
No automatic profiles are created.
6. Data transfer to the USA
Our portal cloud services (comprising a.o. the personal data of authors and performing artists and other beneficiaries) are currently based in Western Europe.
However, in some cases, personal data may be transferred to recipients in third countries (see the respective corresponding note within the scope of our data protection notices). Third countries are countries outside the EU / EEA and can include the USA. In the USA, there is no comparable level of data protection as in Europe. In particular, it is possible that government agencies may access personal data without us or you becoming aware of this. Legal prosecution may not be promising.
In principle, the legal basis for such data processing can be your consent (Art. 49 (1) sentence 1 lit. a) DSGVO) or a respective contract performance (Art. 49 (1) sentence 1 lit. b) DSGVO). We also conclude EU standard contractual clauses with our service providers where possible and implement supplementary measures. You can find more information on this at:
https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_de7. Data security
We take appropriate technical and organizational security measures to protect the (personal) data against accidental or intentional manipulation, loss, destruction or against unauthorized access. More detailed information can be provided upon request.
