Privacy Statement of NetDebit® GmbH for customers and potential customers


1) Name and contact details of controller and the controller's representative


Managing Directors: Siegfried König and Irina König
NetDebit GmbH
Abendener Str. 11
52385 Nideggen
Tel.: +49/(0)2427/90350-10
Fax: +49/(0)2427/90350-98
Email: info@netdebit.de
Website: https://www.netdebit-payment.de


2) Name and contact details of data protection officer


c/o Waldenberger Law Firm
Kurfürstendamm 45
10719 Berlin
Tel.: +49/(0)30/8892170-10
E-Mail: Datenschutzbeauftragter.de-nd.-ipps@wrae.de


3) Purposes of the processing for which the personal data are intended


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 is processed either based on their con-sent or when processing is permitted by legal regulations.


4) Legal basis for the processing of personal data

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.


5) Erasure and duration of storage

The personal data of the customer/potential customer is erased or made unavailable as soon as the purpose for storing the data no longer applies. Data can also be stored if this is pre-scribed by European or German legislators in EU regulations, laws or other legal acts which NetDebit is subject to. Personal data is also made unavailable or erased if the duration of storage stipulated by the afore-mentioned rules expires, unless the data has to be retained for the conclusion or performance of a contract.


6) Availability of website

Upon each access to the website https://www.netdebit-payment.de the NetDebit system rec-ords automated data and information from the accessing computer. The following data is rec-orded: 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 ac-cess, 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 is also stored in the log files of our system. This data is 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 is stored to ensure the website remains functional. Furthermore, the data helps 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 is erased as soon as it is no longer needed to achieve the purpose for which it was collected. If the data is stored in log files, it will be erased after no more than seven days. It 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.


7) Analysis tools used by NetDebit

NetDebit uses "cookies" for the purposes of analysing the website. 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. This makes it easier for us to provide our services. This also constitutes our legitimate interest in accordance with Article 6 (1) f) GDPR, which is the legal basis for the processing. The data is erased as soon as it is no longer needed to achieve the purpose for which it was collected. The cookies are erased after no later than 6 months. By configuring your browser (e.g. cookie settings) you can always object to this web analysis.


8) Livezilla

On the NetDebit website https://www.netdebit-payment.de, technologies of LiveZilla GmbH, Byk-Gulden-Straße 18, 78224 Singen (www.livezilla.net) are used to collect and store anon-ymous 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 this anony-mous 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 Livezilla makes it easier for us to provide our services. This also constitutes our legitimate interest in accordance with Article 6 (1) f) GDPR, which is the legal basis for the processing. The data is erased as soon as it is no longer needed to achieve the purpose for which it was collected. The cookies are erased after no later than 6 months. By configur-ing your browser (e.g. cookie settings) you can always object to this web analysis.


9) Google Analytics

The website https://www.netdebit-payment.de uses Google Analytics, a web analytics ser-vice provided by Google Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer to facilitate an analysis of how you use the website. The information generated by the cookie about your use of the website is generally transmitted to and stored by Google on a server in the USA. If IP anonymisation has been activated on this website, your IP address will first be shortened by Google within Member States of the European Un-ion or in other states party to the Agreement on the European Economic Area.

Only in exceptional cases will the full IP address be transmitted to and stored by Google on a server in the USA. Google will use this information on behalf of the operator of this website to analyse your use of the website, compile reports on website activities and to render additional services associated with website use and internet use for the website operator. The IP ad-dress transmitted by your browser as part of Google Analytics is not combined with other data by Google. These purposes also constitute our legitimate interest in the processing. The legal basis for the use of Google Analytics is Article 6 (1) f) GDPR. The data sent by us and asso-ciated with cookies or user IDs will automatically be erased after 14 months. Data, for which the retention period has expired, will be automatically erased once a month.

You can prevent the storage of cookies by selecting the corresponding settings in your browser software. You should be aware, however, that by doing so you may not be able to make full use of all the functions of this website. Furthermore, you can prevent the capture of data (including your IP address) generated by the cookie and related to your use of the website by Google as well as the processing of this data by Google by downloading and in-stalling the browser plug-in available at the following Link

You can find more information on the terms of use and data protection at www.google.com/analytics/terms/de.html and www.google.de/intl/de/policies/. We would like to point out that this website uses Google Analytics with the "gat._anonymizeIp()" code, which ensures IP addresses are recorded anonymously ("IP masking").


10. Newsletter

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 is transferred to us. This includes the email address of the subscriber, the IP address of the computer used to sub-scribe, 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 news-letter by email. Other personal data is collected during the registration process to prevent mis-use of the services or of the email address.

The data is erased as soon as it is no longer needed to achieve the purpose for which it was 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.


11. Conclusion of contracts

NetDebit offers customers/potential customers the chance to register for NetDebit services by providing personal data. The data is entered into an input mask, transferred to NetDebit and stored. The following data in particular is collected during the registration process: IP ad-dress, 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 it is no longer needed to achieve the purpose for which it was 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 is no longer needed to execute the contract. Even after a contract is concluded it may be necessary to store per-sonal 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. Initial-ly, 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 person-al data to the collection agency for the purposes of collecting the debt. In this case it is possi-ble that the collection agency may obtain information about the customer relating to credit-worthiness, civil registration inquiries or similar data. Furthermore, NetDebit shall give out cus-tomers' 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 pro-vide 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 choos-es 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 cus-tomers/potential customers to third countries or to international organisations.


11. Rights of customer/potential customer data subjects

If the personal data of customers/potential customers is processed, they become data sub-jects within the meaning of the GDPR, and these people have the following rights vis-à-vis NetDebit:


a) Right of access

You shall have the right to obtain confirmation from NetDebit as to whether or not your per-sonal data is processed by us. Where that is the case, you can request the following infor-mation from NetDebit:

  • the purposes of the processing of the personal data;
  • the categories of personal data that are processed;
  • the recipients or categories of recipient to whom your personal data has been or will be disclosed;
  • the envisaged period for which your personal data will be stored, or, if specific infor-mation cannot be given here, the criteria used to determine that period;
  • the existence of the right to request from the controller the rectification or erasure of your personal data or a restriction of processing of your personal data, or to object to such processing;
  • the right to lodge a complaint with a supervisory authority;
  • all available information on the origin of the data, if the personal data was not collected from the data subject;
  • the existence of a decision based solely on automated processing, including profiling, in accordance with Article 22 (1) and 4 GDPR and - at least in these cases - mean-ingful information about the logic involved as well as the reach and the desired effects of such processing for the data subject.

You are entitled to request information about whether your personal data is 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.


b) Right to rectification

You shall have the right to call upon NetDebit to rectify and/or complete your personal data processed if it is inaccurate or incomplete. The controller must perform this rectification with-out undue delay.


c) Right to restriction of processing

You shall have the right to obtain a restriction of processing for your personal data where one of the following applies:

  • you contest the accuracy of your personal data for a period enabling the controller to verify the accuracy of the personal data;
  • the processing is unlawful and you oppose the erasure of the personal data and re-quest the restriction of its use instead;
  • NetDebit no longer needs the personal data for the purposes of the processing, but you need the data for the establishment, exercise or defence of legal claims, or
  • you have objected to processing pursuant to Article 21 (1) GDPR pending the verifica-tion whether the legitimate grounds of the controller override yours.

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.


d) Right to erasure

aa) Obligation to erase

You shall have the right to obtain from NetDebit the erasure of your personal data without undue delay and NetDebit shall erase this data without undue delay where one of the follow-ing grounds applies:

  • Your personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
  • You withdraw your consent on which the processing is based according to Article 6 (1) (a), and there is no other legal ground for the processing.
  • You object to the processing pursuant to Article 21 (1) GDPR and there are no over-riding legitimate grounds for the processing, or you object to the processing pursuant to Article 21 (2) GDPR.
  • Your personal data has been unlawfully processed.
  • Your personal data has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • o Your personal data has been collected in relation to the offer of information society services referred to in Article 8 (1) GDPR.

bb) Information to third parties

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 request-ed the erasure by such controllers of any links to, or copies or replications of, this personal data.


cc) Exceptions

The erasure right shall not apply to the extent that processing is necessary

  • for exercising the right of freedom of expression and information;
  • to comply with a legal obligation which requires processing by Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • for reasons of public interest in the area of public health in accordance with Article 9 (2) (h) and (i) as well as Article 9 (3) GDPR;
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89 (1) GDPR in so far as the right re-ferred to in paragraph a) is likely to render impossible or seriously impair the achieve-ment of the objectives of that processing, or
  • for the establishment, exercise or defence of legal claims.

e) Right to information

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.


f) Right to data portability

You have the right to receive your personal data which you provided to NetDebit in a struc-tured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, where

  • the processing is based on consent pursuant to Article 6 (1) (a) GDPR or on a contract pursuant to Article 6 (1) (b); and
  • the processing is carried out by automated means.

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 authori-ty vested in the controller.


g) Right to object

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, in-cluding 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.


h) Right to withdraw declaration of consent for privacy

You have the right to withdraw your consent under the data protection law at any time. With-drawing your consent does not affect the lawfulness of processing based on consent before its withdrawal.


i) Automated individual decision-making, including profiling

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 af-fects you. This shall not apply if the decision

  • aa) is necessary for entering into or performing a contract between you and the con-troller,
  • bb) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
  • cc) is based on your explicit consent.

Nonetheless, these decisions may not be based on special categories of personal data re-ferred to in Article 9 (1) GDPR, unless Article 9 (2) (a) or (g) GDPR applies and suitable measures to safeguard the 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 hu-man intervention on the part of the controller, to express your point of view and to contest the decision.


k) Right to lodge a complaint with a supervisory authority

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 ha-bitual 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 com-plainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR.

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