Managing Directors: Siegfried König and Irina König
Abendener Str. 11
Dr. Arthur Waldenberger, LL.M, lawyer
Waldenberger Rechtsanwälte PartG mbB
NetDebit only processes personal data from its customers/potential customers to the extent this is necessary to ensure a functioning website and provide our content and services. The personal data of our customers/potential customers are processed either based on their consent or when processing is permitted by legal regulations.
In the event NetDebit obtains consent from customers/potential customers for processing operations, the legal basis for this shall be Article 6 (1) a) GDPR. When the processing of personal data is necessary for the performance of a contract with the customer, the legal basis for this shall be Article 6 (1) b) GDPR. This also applies to processing operations that are required to carry out steps prior to entering into a contract. In the event the processing of personal data is necessary for compliance with a legal obligation to which NetDebit is subject, the legal basis for this shall be Article 6 (1) c) GDPR. If the processing is required to uphold a legitimate interest of NetDebit or a third party and the interests, fundamental rights and freedoms of the customer/potential customer do not override the afore-mentioned interest, the legal basis for the processing shall be Article 6 (1) f) GDPR. If personal data are transmitted in an individual case to third countries, the legal basis for this shall be Article 45 et seq. GDPR.
The personal data of the customer/potential customer are erased or made unavailable as soon as the purpose for storing the data no longer applies. Data can also be stored if this is prescribed by European or German legislators in EU regulations, laws or other legal acts which NetDebit is subject to. Personal data are also made unavailable or erased if the duration of storage stipulated by the afore-mentioned rules expires, unless the data have to be retained for the conclusion or performance of a contract.
Upon each access to the website https://www.netdebit-payment.de the NetDebit system records automated data and information from the accessing computer. The following data are recorded: Information about the type of browser and the version used, the operating system of the user, the user’s internet service provider, the user’s IP address, the date and time of access, websites through which the user’s system accessed our website, and websites that were accessed by the user’s system through our website. The data are also stored in the log files of our system. These data are not stored together with other personal data of the user.
The legal basis for the temporary storage of data is Article 6 (1) f) GDPR. The data are stored to ensure the website remains functional. Furthermore, the data help NetDebit to optimise the website and keep our IT systems secure. These purposes constitute NetDebit’s legitimate interest in processing the data in accordance with Article 6 (1) f) GDPR.
The data are erased as soon as they are no longer needed to achieve the purpose for which they were collected. If the data are stored in log files, they will be erased after no more than seven days. They may also be stored for a longer period, however. In this case, the IP addresses of the users will be erased or masked so that they can no longer be traced back to the requesting client. We are required to collect the data used in making our website available and to store the data in log files in order to operate the website. The customer/ potential customer, in other words, cannot object to our collection and storage of the data.
On the NetDebit website https://www.netdebit-payment.de a chat tool used for customer support collects and processes anonymous data for web analytics purposes and to operate the live chat system to respond to live support requests. Pseudonymised user profiles may be created with the help of these anonymous data. Cookies can be employed for this. These are small text files stored on the hard drive of the computer of the visitor to the website, and facilitate recognition upon any return visit to our website. The pseudonymised user profiles are not combined with personal data about the bearer of the pseudonym without separate, explicit consent from the data subject. Technical solutions ensure that IP addresses are automatically depersonalised.
The availability of the chat tool makes it easier for us to provide our services. This constitutes the legitimate interest of NetDebit in accordance with Article 6 (1) f) GDPR, which is the legal basis for the processing. The data are erased as soon as they are no longer needed to achieve the purpose for which they were collected. The cookies are erased after no later than 6 months. By configuring the browser (e.g. cookie settings) every customer can always object to this web analysis.
The NetDebit website offers you the opportunity to subscribe to our email newsletter for free. Upon subscribing to the newsletter, the data from the input mask are transferred to us. This includes the email address of the subscriber, the IP address of the computer used to subscribe, as well as the date and time of the registration.
Consent from the customer/potential customer for the data processing is collected during the registration procedure, and reference is made to this privacy statement. If consent is given, the legal basis for processing the data after the customer/potential customer subscribes to the newsletter is Article 6 (1) a) GDPR. The email address is collected so we can send the newsletter by email. Other personal data are collected during the registration process to prevent misuse of the services or of the email address.
The data are erased as soon as they are no longer needed to achieve the purpose for which they were collected, unless there is a statutory obligation to retain such data.
The customer may withdraw consent at any time without this affecting the lawfulness of the processing based on consent before its withdrawal. The giving or denial of consent by the customer has no influence whatsoever on the conclusion of the contract between NetDebit and the customer.
NetDebit offers customers/potential customers the chance to register for NetDebit services by providing personal data. The data are entered into an input mask, transferred to NetDebit and stored. The following data in particular are collected during the registration process: IP address, date and time of registration, first name and last name, date of birth, personal ID card number, address, type of payment, bank details, telephone number and email address, login name, password, allocation to participating content providers, customer number, amount of fee and date of access.
The legal basis for processing the personal data is Article 6 (1) b) GDPR. This means the processing is required to perform the contract between NetDebit and the customer, or to carry out steps prior to entering into a contract, at the request of the customer.
The data shall be erased as soon as they are no longer needed to achieve the purpose for which they were collected. This is the case for data provided during the registration process to perform a contract or to carry out steps prior to entering into a contract, if the data are no longer needed to execute the contract. Even after a contract is concluded it may be necessary to store personal data of the contractual partner in order to meet contractual or legal obligations.
NetDebit only passes personal data of customers on to third parties to a limited extent. Initially, NetDebit transfers customer and booking numbers, and to some extent email addresses, to the provider of the entertainment the customer has registered for. If the contractually owed fee is not paid by the customer, NetDebit reserves the right to forward the customer’s personal data to the collection agency for the purposes of collecting the debt. In this case it is possible that the collection agency may obtain information about the customer relating to creditworthiness, civil registration inquiries or similar data. Furthermore, NetDebit shall give out customers’ personal data to the investigating authorities if the police or tax authorities request information.
If the customer chooses a SEPA direct debit as the method of payment, NetDebit shall provide the customer’s bank with the first and last name, IBAN, BIC, customer number, booking number and Partner ID of the entertainment booked by the customer. If the customer chooses an instant transfer, MasterCard, Visa or Discover as the method of payment, personal data shall be transferred in the relationship between the customer and the acquirers of the afore-mentioned credit card companies. NetDebit shall not transfer any personal data of its customers/potential customers to third countries or to international organisations.
If the personal data of customers/potential customers are processed, they become data subjects within the meaning of the GDPR, and these people have the following rights visàvis NetDebit:
You shall have the right to obtain confirmation from NetDebit as to whether or not your personal data are processed by us. Where that is the case, you can request the following information from NetDebit:
You are entitled to request information about whether your personal data are transferred to a third country or to an international organisation. In this context you may request information about the appropriate safeguards in accordance with Article 46 GDPR with regard to this transfer.
You shall have the right to call upon NetDebit to rectify and/or complete your personal data processed if they are inaccurate or incomplete. The controller must perform this rectification without undue delay.
You shall have the right to obtain a restriction of processing for your personal data where one of the following applies:
Where the processing of your personal data has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or of a Member State. If you have obtained a restriction of processing pursuant to the requirements above, you shall be informed by NetDebit before the restriction of processing is lifted.
You shall have the right to obtain from NetDebit the erasure of your personal data without undue delay and NetDebit shall erase these data without undue delay where one of the following grounds applies:
Where NetDebit has made your personal data public and is obliged pursuant to Article 17 (1) GDPR to erase the personal data, it shall, with due consideration of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copies or replications of, this personal data.
The erasure right shall not apply to the extent that processing is necessary
If you have enforced your right of rectification, erasure or restriction of processing vis-à-vis NetDebit, the latter shall provide information about the rectification or erasure of data or about the restriction of processing to all the recipients your personal data was disclosed to, unless this proves to be impossible or would involve disproportionate effort. You have the right vis-à-vis NetDebit to be informed about these recipients.
You have the right to receive your personal data which you provided to NetDebit in a structured, commonly used and machine-readable format. You also have the right to transmit these data to another controller without hindrance from the controller to which the personal data has been provided, where
In exercising this right, you shall also have the right to have your personal data transmitted directly from NetDebit to another controller, where technically feasible. Exercising this right shall not impair the freedoms and rights of other people.
The right to data portability shall not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
You shall have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data which is based on Article 6 (1) (e) or (f) GDPR, including profiling based on those provisions.
NetDebit shall no longer process your personal data unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing is for the establishment, exercise or defence of legal claims.
You have the right to withdraw your consent under the data protection law at any time. Withdrawing your consent does not affect the lawfulness of processing based on consent before its withdrawal.
You shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This shall not apply if the decision
Nonetheless, these decisions may not be based on special categories of personal data referred to in Article 9 (1) GDPR, unless Article 9 (2) (a) or (g) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
In the cases referred to in points aa) and cc), the controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of your personal data infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR.
NetDebit GmbH in some instances automates the use of your data in order to assess specific personal aspects (profiling).
We use scoring within our assessment of your credit rating.
This calculates the probability with which a customer from the outset does not intend to comply with its contractual payment obligations.
The calculation considers, for instance, the alignment of location and post code, the circumstances where a country is considered to have a high fraud risk, the location of the IP-address, the accuracy of the postal address specified by the customer, etc.
The scoring is based on a recognised mathematical-statistical and proven process.
The computed scores support us in our decision-making when concluding contracts.
If we reject a conclusion of a contract, then the potential customer concerned has the option to present its own point of view and contest the decision.
Last amended: 04/09/2020