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Data protection declaration of kwick.de 03.08.2010

Data Protection Declaration

Data Protection Declaration for the Online Platform of www.kwick.de (hereinafter KWICK!)

This Data Protection Declaration serves to provide information about the type of data collected, saved and processed by KWICK! and how KWICK! guarantees protection and security of personal data.

KWICK! is an online social network ("General Interest Network Community") based on the principle that the members (hereinafter also: users) can provide correct information about themselves to other members or even non-registered users to a degree which can be individually determined at the user's free discretion. It is only in this way that a network like KWICK! can function sensibly.

The data collected during registration and use of our services, described in detail in this Declaration, helps to provide the various services offered by KWICK! to the users. The data and information posted by the members on KWICK! and uploaded texts, images or files (hereinafter collectively: data) in profiles or in contributions (e.g. in forums or guest books) can, with the exception of certain personal data – depending on the privacy settings – be viewed freely by third parties on KWICK! and also located by search engines. Since it is not possible to guarantee 100% protection of data on the Internet against unauthorised access by third parties (hackers) on the basis of the current state of the art, despite the highest possible security standards provided for by KLICK! by way of firewalls, which are constantly updated, and further protection measures, abuse by third parties cannot be completely excluded. Every user should always be aware of this.

 

Note for minors

If you are younger than twelve (12) years old you may not register with KWICK! under any circumstances. However, if you are not fully aware of the consequences of publication of your personal data on the Internet you may not register with KWICK! either. This is because publication of your personal data on the Internet requires your prior consent. In order to be able to declare this consent independently you must have a certain ability to make rational judgements and a certain amount of personal maturity. You must therefore be in a position to assess the significance and consequences of consenting to data processing.

The term "data processing" includes the collection, saving, amendment, transmission, blocking, deletion and use of your personal data, in particular also publication of your personal data on the Internet. Personal data includes all information about your person (e.g. name, age, place of residence, photos, etc.).

You will be considered unable to make the rational decisions necessary for the declaration of consent if you are not yet twelve (12) years old or if you are unable to appreciate in full the consequences of data processing.

Please therefore read through this Data Protection Declaration carefully. Should you be in doubt about whether you completely understand the significance and consequences of consenting to data processing, you should ask your parents or guardians to explain the scope and consequences of consenting thereto detail. You should also ask them whether they consent to you registering with KWICK!.


1. Required data on registration (mandatory information)

1.1 When registering the users must provide the following minimum information:

  • User name
  • Sex
  • Date of birth
  • Place of residence, postcode, country
  • E-mail address and repeat e-mail address
  • Password and repeat password

1.2 Of this mandatory data input during registration, only the following details can be seen in the user's "Profile":

  • User name
  • Sex
  • Age (calculated from the date of birth)
  • Place of residence

1.3 Whether third parties can see your surname, first name (real names) and your exact date of birth depends on your privacy settings (no. 3). The other mandatory information, e-mail address and password, obviously remains confidential, is stored in an encrypted manner and serves primarily the management of the member account by KWICK!. This data cannot be seen by third parties.


2. Voluntary information

2.1 In addition to the mandatory information each registered member can, independently and at his own free discretion, provide numerous voluntary items of information about his person, upload a profile photo and much more. This voluntary information is not necessary for use of KWICK! but definitely increases the attractiveness of one's own profile and thus the chance of coming into contact with other users. Each user is completely free to decide what additional personal data he wants to disclose about himself and make accessible to other users.

2.2 The voluntary information which the member can post in his profile includes, e.g.:

  • Company name and logo
  • Marital status
  • Children
  • Nationality
  • Smoker
  • Education
  • Profession
  • Favourite music
  • Activities
  • Schools attended, etc.

2.3 Furthermore, each member can include extensive free descriptions about his person and likes and dislikes of all kinds, upload individual photos or even create whole photo albums, link videos, set up and update a blog as his own online diary, etc.

3. Privacy settings (optional)

3.1 Each member can freely manage access to his own data under Privacy Settings (http://www.kwick.de/startseite/einstellungen/). The following can be decided at the member's free discretion:

  • whether third parties can see his surname and first names (real names),
  • whether search engines should be able to locate his profile, particularly his real names (surname and first name),
  • who may see what type of content of his own profile,
  • who or which groups of persons may write messages or e-mails,
  • who can write in his own guest book or link pictures therein,
  • who may read his own guest book,
  • who may request to be friends,
  • who may look at his own photo and/or picture galleries,
  • which age group may even call up the profile.

3.2 When deciding which persons may view individual data and information, the member can choose between four (4) options:

  • Everyone (even non-registered users of KWICK! - this option does not include releasing the profile for search engines which is only possible when the member makes a separate request to this effect).
  • Members (everyone who is registered as a member on KWICK!)
  • Friends (who the member has already confirmed on KWICK!)
  • Nobody (absolutely nobody – and that is of course pretty boring)

3.3 The member may also further restrict the ways in which he can be contacted (guest book entries, messages, e-mails and friendship requests) and the access to blogs and photo albums) by selecting a maximum and/or minimum age for authorised persons.

3.4 Further, the member can modify the KWICK!-internal search options (in the KWICK! search functions) so that he can only be found under his user name or his name, surname and/or e-mail address. Names, surnames and e-mail addresses cannot be seen by third parties in principle even if these parameters are approved for searches; names and surnames only if the member has published his real name as voluntary information on KWICK!.

3.5 Last but not least each member can determine at his own free discretion whether friends should be automatically informed about circumstances which are not generally accessible, e.g. about profile visits, new friends, etc.

4. Purpose

The purpose of collecting, saving, processing and using the personal data mentioned in 1. to 3. above is to enable operation and continued operation of the online platform of KWICK!.

5. Information necessary to order goods

To order goods via KWICK! (e.g. T-shirts or mobile phones) the user concerned must submit certain pieces of personal information which the respective seller requires in order to be able to properly perform the order, effect payment and delivery (in particular surname, first name, e-mail address, postal address, where appropriate payment details, e.g. credit card, credit card number, bank details, etc.). This personal information is collected, saved and processed by the seller concerned exclusively for the purposes of properly performing the order, effecting payment and delivery; it will be treated in absolute confidence by the seller concerned. Other users cannot freely see this information. The seller concerned is exclusively responsible for collecting, saving, processing and using the personal data collected in the framework of such orders from other sellers.

6. Forwarding data to third parties

6.1 KWICK! does not pass on personal data of users to third parties in principle unless the user has given his prior express consent or there is a statutory requirement to pass on information. If the user grants his consent he may revoke it at any time with effect for the future by way of a simple message in text format (e-mail, fax, letter). The revocation right and the address to which such a revocation should be sent is expressly notified to the user when he grants his consent.

6.2 Where KWICK! collects personal data of users itself, occasioned by an order for goods via KWICK! pursuant to 5. above, this data can also be forwarded to the companies involved in the order, delivery and/or payment process (shop operators, suppliers, banks) for the purpose of properly performing the order, effecting payment and delivery.

6.3 On the basis of statutory provisions KWICK! may and must provide information in the individual case on written request by the competent authorities (in particular criminal prosecution authorities) regarding inventory and/or user data (the latter in principle only if there is a court order to this effect), where this is necessary for the purpose of criminal prosecution, to avert danger by the police authorities of the Federal State and the States, the Federal Intelligence Service or the Military Counterintelligence Agency or to enforce rights in intellectual property.

7. Creation of user profiles

7.1 In order to continually improve the range of services offered by KWICK!, e.g. to set up new rubrics or offers, KWICK! can analyse the behaviour of its users on the network and set up anonymous user profiles for this purpose. The evaluation of these user profiles is not user-specific, i.e. the identity of the user remains unknown. KWICK! warrants, both on the basis of technical and also personal and organisational considerations, that the anonymised user profiles cannot be combined with the personal data of users.

7.2 KWICK! can set up pseudo anonymous user profiles (user names) for purposes of advertising, market research or designing demand-driven telemedia services. These pseudo anonymous user profiles cannot be combined with data about the carrier of the pseudonym. KWICK! also warrants this both from technical, personal and organisational points of view. The user may at any time object to the creation of pseudo anonymised user profiles for the future by way of a message in text form (letter, fax, e-mail).

The objection should be sent to:

LETTER: KWICK! Community GmbH & Co. KG, Werkstraße 24, 71384 Weinstadt
FAX: 07151 - 16 55-100
E-MAIL: Mail

8. Advertising

KWICK! includes advertising of third parties on its webpages which can be tailor-made to the suspected special interests of the user. Exclusively irreversible anonymised data is used in this type of "personal" advertising. Anonymous data processed for this purpose is not/no longer personal data and thus does no allow any conclusions to be drawn about the identity of the person concerned. KWICK! can transmit such anonymous data to its own media partners. In these cases KWICK! does not transmit to its partners any information which could make identification possible.

9. Cookies

9.1 Cookies are small text files which are either temporarily saved in the user memory (session cookies) or permanently saved on the hard disk (permanent cookies). The session cookies only saved in the user memory automatically close when the Internet browser program is closed. By using cookies users are allocated anonymous user IDs but no programs are run on or computer viruses transmitted to the computer of the user.

9.2 Each user is free to decide, by setting his Internet browser program accordingly, whether he wants to enable cookies, to be informed each time a cookie is enabled or whether he wants to refuse all cookies. However, KWICK! wishes to point out that the use of the range of services offered by KWICK is not possible or only possible to a restricted degree if cookies are refused.

9.3 KWICK! uses session cookies to authenticate the user during a session and to compensate for the server capacity load of KWICK!. Cookies are thus used to guarantee smooth operation and to improve the range of services offered by KWICK!.

9.4 KWICK! also uses permanent cookies which concern the last KWICK! pages viewed and the respective region in which the user's computer is located. Moreover, KWICK! uses so-called intelligent cookies (e.g. pop up check) to prevent certain pop ups opening several times within one session. This increases surfing comfort on KWICK!.

9.5 This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files which are saved on your computer and which make it possible to analyse your use of the website. The information generated by the cookie regarding your use of the website (including your IP address) is transmitted to a Google server in the USA and saved there. Google uses this information to evaluate your use of the website in order to compile reports about the website activities for the website operators and in order to provide services connected with use of the website and use of the Internet. Google may transfer this information to third parties where this is required by statute or where third parties process this data on Google's behalf. Under no circumstances will Google bring your IP address into contact with other data. You can prevent cookies being installed by setting your browser software accordingly: however, we wish to point out that you may be unable to use all functions of this website in full in this case. By using this website you declare that you consent to the processing of the data collected about you by Google in the above-described manner and for the above-described purpose.

10. Automatic login

Where a member actively selects the option "SAVE LOGIN", when logging in to KWICK! by actively ticking a corresponding box, the computer of the member concerned saves his access data on this computer. The member is then automatically logged in to KWICK! as soon as KWICK! is open in his browser. For security reasons and in order to avoid unauthorised persons obtaining access to your own profile, this option should only be selected if you can be certain that nobody else has access to this computer. This function should thus never be selected in Internet cafes or on other computers accessible to the public such as in schools. The member's attention is drawn to these security issues again separately when selecting this option. In any case the data is encrypted (SSL certificate) during login.

11. Server Log Files ("logs")

11.1 Every time a page is retrieved by the user, his Internet browser transmits access data which is automatically saved in log files, so-called Server Log Files, of KWICK!. The log files contain the following information: IP address, by way of which the computer (but not the user) can be identified, remote host (name and IP address of the computer requesting the page), user name, data, time, website requested (URL), volume of data transmitted and, where appropriate, the URL from which the user has arrived at the KWICK! page (referrer) and product and version information of the browser used (user agent). KWICK! does not, as a matter of principle, combine this data with other data sources, in particular with personal user information.

11.2 Certain data which is input during login (IP address, user name, date, login successful or not, type of browser) is saved by KWICK! for a maximum of seven (7) days. The user declares his express consent hereto by accepting this Data Protection Declaration.

11.3 All further logs which arise during a session (in particular IP address, user name, data, URL requested) are only saved for a few days, up to a maximum of one week, by KWICK! in order to guarantee security of the network.

11.4 KWICK! generates so-called backups to secure the databases which are overwritten after approx. four weeks and thus finally deleted. Where these backups contain log files, these are also deleted. In the event of complete deletion of a user profile, the log files are also deleted. KWICK! uses the standardised "combined" log file format of the Apache web server for this purpose. KWICK! uses the logs anonymously, i.e. without allocation or reference to the person of the user, for statistical evaluations. In this way KWICK! can, e.g. find out on which days and at what times the services offered by KWICK! are particularly popular and the data volume generated. Furthermore, KWICK! can detect possible errors through the log files, e.g. faulty links or programming errors and thus use the log files to further develop the website. KWICK! does not link the page requests saved in the server log with individual persons. However, KWICK! reserves the right to use the log files to subsequently verify the last known IP address of such users with respect to which there is a suspicion, as a result of certain facts, that these are using the KWICK! website and/or the services offered by KWICK! illegally or in breach of contract. This primarily serves to protect the members of KWICK! and the protection of their personal information.

12. Data protection

12.1 The aim of the firewalls and other security systems used by KWICK!, which are constantly updated, is to protect the user as far as possible against viruses, worms, Trojans, etc. and also from illegal access by third parties (hackers). KWICK! shall maintain a reasonable level of protection and adjust the security technologies used in accordance with the current state of technical development. However, the user should still be aware of the fact that, as a result of the fact that new viruses, worms, Trojans and other means of attacking secure systems of Internet services are being discovered all the time, one hundred per cent protection against such attacks is impossible.

12.2 KWICK! is not responsible for virus protection outside of the KWICK! network. KWICK! is not responsible for damage or destruction of user data either. KWICK! shall prosecute every attack by a hacker or similar under civil and, where appropriate, criminal law.

13. Information

Every user has the right to receive free information from KWICK! about the personal information saved about his person. The information request should be sent to: KWICK! Community GmbH & Co. KG, Werkstraße 24, 71384 Weinstadt. To avoid unauthorised requests, a certified copy of an official and valid identity card should be attached to the information request. The information will be sent by post to the address given in the identity card of the user.

14. Correction, blocking and deleting data and profiles

14.1 Where the user changes or corrects data provided by him and in doing so deletes old entries, the data formerly posted by him will be irreversibly and completely deleted. There is no need to apply for correction or deletion. Irrespective of this, the user has a right at all times to demand correction of incorrect data about his person saved on KWICK!. The simplest option for the user is for him to change his entries himself.

14.2 If the user finally deletes his entire profile and thus his membership of KWICK!, all data formerly posted by him in his profile will be automatically completely deleted. Excluded from deletion are the length of the membership, where appropriate the reason the membership was terminated and anonymous statistical data regarding the previous user behaviour. Contributions to forums are also retained but marked "unknown" since they could form the basis of a discussion. Irrespective of this, the user has a right at all times to demand deletion of all personal data about him saved on KWICK!. The simplest option in this case too is for the user to change his entries himself.

14.3 The former user name and e-mail address remain saved whenever the profile is deleted and blocked for further use on KWICK! in order to avoid abuse. The user name can only be used again when registering with KWICK! after expiry of four (4) weeks.

14.4 If the user wishes to request amendment, correction or deletion of his personal data, he may do so by letter, fax or e-mail. The request should be sent to: LETTER: KWICK! Community GmbH & Co. KG, Werkstraße 24, 71384 Weinstadt; FAX: 07151 - 16 55-100 ; E-MAIL: info@kwick.de. In order to avoid unauthorised requests the request must contain at least the following information/documents:

  • User name
  • Surname
  • First name
  • E-Mail
  • Address
  • Copy of identity card (valid passport or identity card)
  • In the case of minors without their own valid identity card: copy of identity card and copy of the birth certificate

14.5 KWICK! wishes to point out that it may still be possible to request deleted data for up to 72 hours owing to caching systems and the interposition of proxy servers.

14.6 In the event of abuse of the services offered by KWICK! by users, KWICK! is entitled to temporarily block or completely delete the entire profile of the responsible user. In the event that a profile is blocked, the user concerned will be unable to access his profile and all data saved under it with the exception of his age, sex, town and profile image.

15. Protection of minors

15.1 KWICK! takes the protection of minors very seriously. However, KWICK! is unable to verify the actual age of a member, i.e. an adult can claim to be a young person and a young person can claim to be an adult. In addition to active monitoring of the site by a team of several hundred volunteer team members, the following rules and measures thus apply with respect to the protection of minors:

  • Members registered as adults are unable to directly contact young persons under the age of 16. Members under the age of 16 will not be shown or cannot be found in the member database, the online catalogue and in many other places by adult users.
  • KWICK! works in close cooperation with the criminal prosecution authorities.
  • Advertising and content unsuitable for children and young people in the forum (18+) will not be visible to them.
  • KWICK! cooperates with jugendschutz.net in the interest of constantly improving the protection of minors.

15.2 The following page contains further information for parents, children and young people about the measures KWICK! has taken to protect children and young people in the KWICK! network.

15.3 Officer for the protection of minors: Sandra Sokola - E-mail: Mail

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