Data Protection
Social Media
1. Data controller
We, Chamäleon Berlin gGmbH, Rosenthaler Str. 40/41, 10178 Berlin, maintain social media pages on the networks of Facebook, Instagram, LinkedIn, Twitter and YouTube. As the operator of these pages, we are joint data controllers together with the respective network operators
Facebook: Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, hereinafter: Facebook
Instagram: Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland, hereinafter: Instagram
LinkedIn: LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland, hereinafter: LinkedIn
YouTube: Google LLc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA, hereinafter: YouTube
Twitter: Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland, hereinafter: Twitter
within the meaning of Art. 4 No. 7 General Data Protection Regulation (GDPR).
As the joint data controller of these pages with the network operators we have reached agreements, which among others regulate the terms and conditions for the use of pages and similar presences. The following agreements are respectively decisive:Facebook: Terms of Use of Facebook, the other terms and policies listed at the end therein as well as the agreement on the joint responsibility,
Facebook: Terms of Use of Facebook, the other terms and policies listed at the end therein as well as the agreement on the joint responsibility,
Instagram: The Terms of Use of Instagram and, as Instagram is an offer of Facebook the Facebook policies and agreements described above are also applicable.
LinkedIn: Data processing agreement of LinkedIn.
YouTube: Privacy policy and Terms of Use of Google
Twitter: The General Business Terms of Twitter and the policies to which reference is made therein
When visiting our social media pages personal data of the page visitors are processed by the data controllers as follows.
2. Use of Insights, analyses and cookies
In connection with the operation of our social media pages we use the analysis functions provided there in order to receive statistical evaluations regarding the users of our social media pages.
Cookies and similar technologies such as Pixel are used by the network operators for this purpose when visiting our pages and a clear user code is respectively created. This user code can be linked with the data of those users, who are registered with the platform operators.
The information stored relating to the user code is processed by the platform operators, in particular when the user visits these services. Other bodies, such as partners or even third parties can also use cookies within these services in order to make services available to the companies advertising on the platforms.
Facebook: In connection with the operation of our Facebook page we use the function page Insights of Facebook in order to receive statistical evaluations regarding the users of our Facebook page. Facebook makes information relating to the page Insights and the Facebook pages in its privacy policy as well as here.
You can moreover find more detailed information relating to the use of cookies by Facebook (also within the scope of the use of Instagram) in its cookie policy.
Instagram: In connection with the operation of our Instagram profile we use the function Instagram-Insights in order to receive statistical evaluations regarding the users of our post. You can find information relating to the Instagram-Insights in the privacy policy of Instagram and here.
LinkedIn: In connection with the operation of our LinkedIn profile we use the LinkedIn Page Analytics. This way we receive information about the use of our contents. You can find more detailed information relating to data protection of the platform LinkedIn in the privacy policy of LinkedIn.
YouTube: In connection with the operation of our YouTube account we use YouTube Studio and the YouTube analysis functions. By means of YouTube Studio and the analysis function we can analyse the use and evaluate it from a statistical point of view. You can find more information in the privacy policy of Google.
Twitter: In connection with the operation of our Twitter account we use the analysis possibilities of Twitter in order to evaluate our channel and the responses to our post for statistical purposes. You can find more information in the Twitter privacy policy.
3. Purposes of the processing
The processing of this information should, on the one hand, enable the network operators among others to improve their system of advertising, which they distribute via their networks. On the other hand, they should enable us as the operator of the social media pages to receive statistics, which are created based on the visits to our social media pages. The aim of this is to control the marketing of our activity. For example, this way it is possible for us to gain knowledge of trends of the profiles of the visitors, who appreciate our social media pages or use applications of the pages in order to make relevant contents available to them and to be able to develop functions, which could be of major interest for them.
In order for us to be able to be in a better position to understand how we can promote our business objectives with our social media pages, moreover, based on the collected information demographic and geographical evaluations are also created and made available to us. We can, for example, use this information in order to place specific interest-based advertisements. However, we do not receive any direct knowledge in this case about the identity of the visitor. If visitors use social media services on several terminal devices the collection and evaluation can also be carried out cross-device and, if applicable, cross-platform if it concerns registered visitors who are respectively logged into their own profile.
The created visitor statistics are exclusively transmitted to us in an anonymised form and we have no access to the respective underlying data.
We furthermore use our social media pages to communicate with our customers, interested parties and users and to inform about our range of services. In this context, if applicable, we receive further information, e.g. owing to user comments, private messages or because you follow us or share our contents. The processing is exclusively carried out for the purpose of communication and interaction with you.
4. The legal basis and legitimate interests
We operate our social media pages in order to present ourselves to the users of these platforms as well as other interested persons, who visit our social media pages and to communicate with these persons. The processing of the personal data of the users is carried out on the basis of our legitimate interests in an optimised company and product presentation (Art. 6(1)(1)(f) GDPR).
5. Forwarding of data
With Facebook, Instagram, YouTube, Twitter and LinkedIn there is the possibility that some of the collected information is also processed outside of the European Union in the USA.
The USA constitute a so-called unsafe third country. A third country shall be deemed unsafe if the EU Commission has not issued an adequacy decision for such a country in accordance with Article 45(1) GDPR, confirming that appropriate protection is in place for personal data in that country.
With the ECJ judgement of 16 July 2020 (C-311/18), the (partial) appropriateness decision for the USA, the so-called Privacy Shield, was declared null and void. No level of data protection is offered in the USA that would be compared with that in the EU. The following risks apply in the case of forwarding personal data to the USA. The risk that US American authorities can gain access to the personal data as a result of the monitoring programmes PRISM and UPSTREAM based on Section 702 of FISA (Foreign Intelligence Surveillance Act) and based on the Executive Order 12333 or the Presidential Police Directive 28. EU citizens do not have any effective legal protection options in the USA or the EU against such access.
Facebook and Instagram: Facebook Ireland Ltd. transfers data on the basis of the standard contractual clauses approved by the European Commission to Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, US (hereinafter: Facebook Inc.), with its registered seat in the USA. We have no influence on these processing operations. We, ourselves, do not forward any personal data, which we receive via our Facebook page.
LinkedIn: LinkedIn transmits data on the basis of the standard contractual clauses approved by the European Commission to the LinkedIn Corporation 1000 W Maude Ave Sunnyvale, CA, US (hereinafter: LinkedIn Corporation). We have no influence on these processing operations. We, ourselves, do not forward any personal data, which we receive via our LinkedIn profile.
YouTube: YouTube transmits data on the basis of the standard contractual clauses approved by the European Commission to Google LLc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA (hereinafter: Google). We have no influence on these processing operations. We, ourselves, do not forward any personal data, which we receive via our YouTube channel.
Twitter: Twitter transmits data on the basis of the standard contractual clauses approved by the European Commission to the Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. We have no influence on this processing. We, ourselves, do not forward any personal data, which we receive via our presence on Twitter.
6. Nature of the joint responsibility / assertion of rights of data subjects
With the agreement, which we have reached with Facebook and Instagram for our Facebook and Instagram presences, the operators recognise the joint responsibility under data protection law with a view to so-called Insights data and assumes essential obligations under data protection law to inform data subjects, for data security and to report breaches of data protection. In addition it is stipulated in the agreement with Facebook that Facebook is the prime contact with regard to the safeguarding of rights of data subjects (Art. 15 – 22 GDPR). Since, as the provider of the social network, Facebook alone has direct access possibilities to necessary information and can moreover directly take measures that may be necessary and provide information. Should it nevertheless be necessary for us to provide support we can be contacted at any time.
The agreement, which we have concluded with LinkedIn stipulates that LinkedIn will inform us as soon as a data subject exercises his rights as data subject (Art. 15 – 22 GDPR). LinkedIn will operate in a supportive capacity with the replies to claims for information. You can assert your rights as a data subject against us and LinkedIn.
The agreement, which we have concluded with Google with regard to our YouTube channel, also envisages that you can assert your rights as a data subject against us and Google.
7. Possibilities for objection
You are in particular entitled to the following possibilities for objection:
Facebook and Instagram: Users of Facebook and Instagram can use the settings for advertising preferences to influence the extent to which their user conduct may be recorded on their visit to our Facebook page or Instagram profile. Further possibilities for objection are offered by the Facebook settings or the form provided via Facebook for the right to object. Settings for Instagram can also be made via the form.
LinkedIn: An objection against the processing of LinkedIn can be filed here. Further settings can be made via the form for the objection.
YouTube: An objection against the processing of YouTube can be filed via the setting in the Google account. You can find more information regarding how adjustments can be carried out in the data protection settings here.
Twitter: The processing of Twitter can be partially objected to via the settings in your Twitter account. You can find more information in this respect here.
8. Further information
Further information relating to our contact data, the rights of data subjects towards us and how personal data are otherwise processed by us, can be obtained in the data protection information on our website.
You can find further information relating to the handling of personal data fin the privacy policies of Facebook, Instagram, YouTube, LinkedIn and the privacy policy of Twitter.
This data protection information has the status of November 2020.