Data Protection Statement

1.

The user is herewith informed in accordance with the Teledienstedatenschutzgesetz (TDDSG), Mediendienstestaatsvertrag ( MDStV), Bundesdatenschutzgesetz (BDSG) and other regulatory provisions for ensuring the protection for personal data that the personal data provided as part of the registration process will be stored, processed and used by electronically readable means exclusively for the purposes for which the user has provided such information, unless the user has agreed to its use for a different purpose.

2.

Cherry GmbH (hereinafter referred to as Cherry) shall be entitled to collect, process, store and use the personal information provided by the user at the time the user registers to make use of the service, to the extent that such is necessary in order to enable the user to take advantage of the service (collection of master data). Consequently, when the user logs on to Cherry to order a newsletter or to participate in a game/quiz/contest, the information provided there will be collected, stored and processed for purposes of sending the newsletter or informing the user in the event that he or she has won a prize. Cherry guarantees that all data will be treated confidentially.

3.

The user may view the personal data stored for him/her or under his/her alias without charge and at any time. Cherry will communicate a target address (URL) to the user for this purpose when the user contacts Cherry.

4.

If the user has provided his/her consent beforehand either in writing or electronically, Cherry shall be entitled to collect, process (e.g. to modify, to save for further processing, to combine with other records and to archive) and use the personal data of the user as well as profile information and demographic data for the following purposes:

• For inclusion in a subscriber directory,
• For sending information about Cherry, Cherry’s products and events,
• For personalizing and aligning this service by Cherry to best reflect the interests and preferences of the user,
• For advertising or market research on behalf of Cherry.

Once the user has provided his/her consent, Cherry is not obliged to delete the data as soon as possible after its use, i.e. no later than immediately after the event for which it is used has ended, but is entitled to store the data. Furthermore, when the user has provided his/her consent to such end, Cherry shall be entitled to transmit the personal data in its possession to cooperation partners for purposes of advertising, market research, providing information about products and services, notification of offers for signing agreements for goods and services, and in order to provide additional information tailored optimally to the interests of the user via a newsletter. The user’s consent or otherwise is logged; the content of this log may be reviewed by the user at any time.

5.

For its part, in accordance with the provisions of TDDSG, MDStV, BDSG and other pertinent data protection regulations, Cherry undertakes to use such data as is disclosed to it under the terms of the usage relationship with the user, subject to a consent indicating otherwise, solely in order to fulfill the purposes as described in this data protection statement, to preserve the confidentiality of the data and to obtain a corresponding undertaking from its employees, to the extent that such is required by law.

6.

In order to determine the degree to which the offer is of interest to users, and how it may be improved, general data, not related to individuals, particularly statistical data, is maintained regarding the use of the Cherry media. For this purpose, surveys are conducted and data and information from server log files are compiled on an integrated basis and used in statistical reports and analyses. Cherry is not obliged to delete this non-personally related data as soon as possible after its use, i.e. no later than immediately after the event for which it is used has ended, but is entitled to store the data.

7.

If consent is provided, any personal data collected by Cherry may also be transmitted to cooperation partners for use within the scope of the aforementioned purpose. In order to be able to offer the most comprehensive range of services possible in the interest of the user, Cherry works with meticulously selected cooperation partners. These cooperation partners are not included in the present data protection statement and may collect and use additional data; users will be notified of such separately and a corresponding declaration of consent will be sought.

8.

All declarations of consent may be withdrawn by the user at any time for future use. In addition, the usage agreement concerning the extended use of personal data may be canceled, the data in Cherry’s possession will then be deleted. If data has been transmitted to cooperation partners with the consent of the user, these cooperation partners will be notified promptly and will be required to delete the data. It is also possible to keep the usage agreement in force and to withdraw only the consent to allow subsequent reuse of the data. If the data is processed as part of central data processing by external service providers, Cherry will also take appropriate steps to ensure that users’ requirements in terms of the protection of personal data are met in their entirety.

9.

All declarations of consent under the terms of this statement do not include information, offers and advertising controls communicated by telephone.