We, HÄRTING Rechtsanwälte PartmbB, Chaussestr. 13, 10115 Berlin, have social media accounts on the networks Facebook, Instagram, LinkedIn, Twitter and YouTube. As operators of these sites we are, together with the respective network operators,
- Facebook: Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, in the following: Facebook,
- Instagram: Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland, in the following: Instagram
- LinkedIn: LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland, in the following: LinkedIn,
- YouTube: Google LLC., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA, in the following: YouTube
- Twitter: Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland, in the following: Twitter
controller in terms of Art. 4 No. 7 of the General Data Protection Regulation (EU-GDPR).
We have, as joint controllers for these pages, entered into agreements with the network operators, which, among other things, regulate the conditions for the use of pages and similar appearances. The following agreements are applicable in each case:
LinkedIn: Data processing agreement from LinkedIn.
Twitter: The general terms and conditions of Twitter and the guidelines referred to there
When visiting our social media sites, personal data of the site visitors are processed by the controller as follows.
Use of insights, analyses and cookies
In connection with the operation of our social media accounts, we use the analysis functions provided by the network operators to obtain statistical evaluations regarding the users of our social media sites.
For this purpose, cookies and similar technologies such as Pixel are used by the network operators and a unique personal identifier is created in each case. The identifier can be linked to the data of users who are registered with the social media platform.
Facebook: In connection with the operation of our Facebook Page, we use the Page-Insights function of Facebook to obtain statistical evaluations of the users of our Facebook Page. Facebook provides information about the Page-Insights and the Facebook Pages in its data protection information and here.
Instagram: In connection with the operation of our Instagram profile, we use the Instagram-Insights feature to obtain statistical reports on the users of our postings. Information about Instagram-Insights can be found in the Instagram data protection information and here.
YouTube: In connection with the operation of our YouTube account we use YouTube analytics function. With Youtube analytics function we can analyse the usage and statistically evaluate it. You can find more information in the Google data protection information.
Twitter: In connection with the operation of our Twitter account, we use the analysis possibilities of Twitter statistically evaluate our channel and the reactions to our posts. You can find more details on this in the Twitter data protection information.
Purposes of Processing
The processing of this information is intended, inter alia, to enable network operators to improve their system of advertising which they disseminate through their networks. It is also intended to enable us, as the operator of the social media sites, to obtain statistics which are compiled on the basis of visits to our social media sites. This is intended to control the marketing of our activities. example, it enables us to understand trends in the profiles of visitors who value our social media sites or use applications of the sites to provide them with more relevant content and develop features that may be of greater interest to them.
To help us better understand how our social media sites can be used to support our business objectives, demographic and geographic analyses are also prepared and made available to us based on the information collected. For example, we may use this information to serve targeted interest-based advertisements. However, we do not obtain direct knowledge of the identity of the visitor in this process. If visitors use social media services on several end devices, the collection and evaluation can also be carried out across devices and platforms, if the visitors are registered and logged in to their own profile.
The created visitor statistics are only transmitted to us in anonymized form and we have no access to the underlying data.
We also use our social media sites to communicate with our customers, interested parties and users and to inform them about our range of services. In this context, we may receive additional information, e.g. due to user comments, private messages or due to you following us or sharing our content. This information is processed solely for the purpose of communication and interaction with you.
Legal Basis and Legitimate Interests
We operate our social media accounts in order to present ourselves to the users of these platforms and other interested persons who visit our social media accounts and to communicate with them. The processing of users’ personal data is carried out on the basis of our legitimate interests in an optimised presentation of our company and services (Art. 6 para. 1 sentence 1 lit. f EU-GDPR).
Transfer of Data
For Facebook, Instagram, YouTube, Twitter and LinkedIn, it is possible that some of the information collected is also processed outside the European Union in the United States.
The USA are so-called unsafe third countries. A third country is considered to be unsafe if the EU Commission has not issued an adequacy decision for this state in accordance with sec. 45 para. 1 EU-GDPR, which confirms that the country provides adequate protection for personal data.
With the ECJ ruling of 16 July 2020 (C-311/18), the (partial) adequacy decision for the USA, the so-called Privacy Shield, was declared void. The USA does not offer a level of data protection comparable to that in the EU. The following risks exist when personal data is transferred to the USA: There is a risk that U.S. authorities may gain access to personal data on the basis of the PRISM and UPSTREAM surveillance programs based on Section 702 of the FISA (Foreign Intelligence Surveillance Act), as well as on the basis of Executive Order 12333 or Presidential Police Directive 28. EU citizens do not have effective remedies for legal protection against such accesses in the USA or the EU.
Facebook and Instagram: Facebook Ireland Ltd. transfers to Facebook Inc, 1 Hacker Way, Menlo Park, CA 94025, US (hereinafter: Facebook Inc.), based in the USA, on the basis of standard contractual clauses approved by the European Commission. We have no influence on these processing operations. We ourselves do not pass on personal data that we receive via our Facebook page.
LinkedIn: LinkedIn transfers data to LinkedIn Corporation 1000 W Maude Ave Sunnyvale, CA, US (hereinafter: LinkedIn Corporation) based on standard contractual clauses approved by the European Commission. We have no control over these processing operations. We ourselves do not share any personal information obtained through our LinkedIn profile.
YouTube: YouTube submits data based on standard contractual clauses approved by the European Commission to Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA (hereinafter: Google). We have no control over these processing operations. We ourselves do not pass on personal data that we receive via our YouTube channel.
Essence of common responsibility / Assertion of rights of affected persons
With the agreement that we have with Facebook and Instagram for our Facebook and Instagram appearances, the operators recognise the joint responsibility under data protection law with regard to so-called Insights data and assume essential duties under data protection law to inform data subject, to ensure data security and to report data protection violations. In addition, it is set out in the agreement with Facebook that Facebook is the primary contact for the exercise of rights of data subjects (sec. 15 – 22 EU-GDPR). As the provider of the platform, Facebook alone has direct access to the necessary information and can also take any necessary measures and provide information immediately. Should our support nevertheless be necessary, we can be contacted at any time.
The agreement we have closed with LinkedIn states that LinkedIn will inform us as soon as an data subject exercises their data subject rights (sec. 15 – 22 EU-GDPR). LinkedIn will assist in responding to requests for information. You can enforce your data subject rights against us and LinkedIn.
The agreement we have entered into with Google in relation to our YouTube channel also provides for you to enforce your data subject rights against us and Google.
Right to Object
In particular, you have the following possibilities to enforce your right to object:
Facebook and Instagram: Under the settings for advertising preferences, users of Facebook and Instagram can influence the extent to which their user behaviour may be recorded when visiting our Facebook page or Instagram profile. Further options for objection are offered by the Facebook settings or the form for the right of objection provided via Facebook. Settings for Instagram can also be made via the form.
LinkedIn: The processing of LinkedIn can be denied here. Further settings can be made using the form for objection.
YouTube: The processing of YouTube can be denied via the setting in the Google Account. More information on how to make adjustments in the privacy settings can be found here.
More information about the handling of personal data, can be found in privacy policies of Facebook, Instagram, YouTube, LinkedIn and Twitter.