Privacy policy for our Instagram company page

The Instagram service is one of the Facebook products provided by Facebook Ireland Limited ("Facebook"). Instagram is an online platform that enables the sharing of photos and videos. Users can edit and add filters to photos and videos. Other users can in turn share, comment on or "like" the photos and videos. Users can also get in touch with each other by writing private messages.

When you visit our Instagram company page, we are in partnership with Facebook Ireland Ltd. (hereinafter "Facebook") responsible for the processing of your personal data. Instagram is a Facebook product and is an online service for sharing photos and videos. In the following, we inform you about the associated data processing on our fan page, of which the terms of use of Instagram remain unaffected: 

1. Contact details of controllers and joint responsibility according to Art. 26 GDPR

Jointly responsible for the processing

Berlinovo Immobilien Gesellschaft mbH
Hallesches Ufer 74 – 76
10963 Berlin

and 

Facebook Ireland Ltd. 
4 Grand Canal Square
Grand Canal Harbour
D2 Dublin, Ireland 
impressum@support.instagram.com

According to the European Court of Justice (ECJ), we are jointly responsible with Facebook for the processing of your personal data. The decision of the ECJ on the comparable facts of 5 June 2018 can be found here. 

A contract for joint controller according to Art. 26 GDPR has been concluded. If you have any further questions, please do not hesitate to contact us or our data protection officer using the contact details provided. 
 

2. Appearance on the Instagram company page

2.1 Scope of data collection and storage

Data	Intended use	Legal basis
User interactions (postings, likes etc.)	User communication via social media	Art. 6 Para. 1 lit. f) GDPR
Facebook cookies*	Target group advertising	Art. 6 Para. 1 lit. f) GDPR
Statistical data on user interactions in aggregated form, i.e. without personal reference (e.g. page activities, page views, page previews, likes, recommendations, posts, videos, page subscriptions incl. origin, times of day).	Target group advertising	Art. 6 Para. 1 lit. f) GDPR

The promotional use of your personal data is particularly important for Facebook. We use the statistics function to learn more about the visitors to our company page. The use of the function enables us to adapt our content to the respective target group.

In order to provide the social media service in the form of our Instagram company page and to use the Insight function, Facebook usually stores cookies on the user's terminal device. These include session cookies, which are erased when the browser is closed, and persistent cookies, which remain on the terminal device until they expire or are erased by the user.

A cookie is a tiny text file that allows a website to recognise a browser. Cookies are stored in a text file on the computer when a website is called up and are retrieved and read the next time the web server is called up. As a user, you can decide yourself via your browser settings whether and which cookies you want to allow, block or erase. You can find instructions for your browser here:

• Internet Explorer
• Firefox
• Google Chrome and Google Chrome mobile
• Microsoft Edge
• Alternatively, you can also install so-called ad blockers, such as Ghostery.

According to information of Facebook the cookies used by Facebook serve the authentication, security, the website and product integrity, advertising and measurements, website functions and services, performance as well as the analysis and research. You can view the details regarding the cookies used by Facebook (e.g. names of the cookies, function duration, entered contents and purpose) here. There you will also have the possibility to deactivate the cookies used by Facebook. In addition you can also change the settings for your advertising preferences there.

The data collection and storage by the use of the aforementioned cookies of Facebook can additionally, however also at any time with effect for the future be objected to via the following Opt-Out-Link: http://www.youronlinechoices.com/de/praferenzmanagement/.

Under the aforementioned link you can manage your preferences with regard to use-based online advertising. If you file an objection at a certain provider against the use-based online advertising by using the preference manager, this will only apply to the certain business data collection via the just used web browser. The preference management is cookie-based. An erasure of all browser cookies will lead to the fact that the preferences, which you have set with the preference manager, will also be removed.

2.2 Information regarding Instagram-Insights

The Instagram page of berlinovo is a business profile and therefore has the function of Instagram Insights. This means that part of the data collected by Facebook during use is made available to us as a statistical evaluation in anonymised form. This statistical analysis only relates to the audience, content and activity on our Instagram page. Specifically, the evaluation includes the following data:

• Number of "likes" of our photos and videos.
• Number of comments on our photos and videos
• Number of people who have seen a photo or video
• Number of times a photo or video was shared
• Number of times a photo or video was reported as spam
• Number of times it was clicked that the user no longer likes the page

This information transmitted by Facebook to berlinovo is anonymised and cannot be linked by us to your person. However, this does not necessarily mean that the data collection and data processing at Facebook itself is anonymised. For further information reference can be made to the Cookie Policy of Instagram.

2.3 Visibility of your personal data for berlinovo and other users

When using certain interactive functions on Instagram (e.g. the comment function or the "Like" button), comments or likes are visible to other users and berlinovo as the provider of the Instagram page. This means that a direct user assignment can be made on the basis of the personal data disclosed.

berlinovo has no influence on interactive functionalities and visibility of comments, likes or other activities on the berlinovo Instagram page. berlinovo is therefore not the controller in the sense of data protection law. The type, scope and duration of the processing and storage of personal data in this regard are determined by Facebook, so Facebook is also responsible for this.

The type and scope of the collection of personal data when visiting an Instagram page also depends on the behaviour of the user and can be partly influenced by the user.

It is always possible to visit our Instagram page without leaving comments or clicking "Like".

Please note that the interactive functions of Instagram are generally only possible after registration. Data relating to this may also be processed by Facebook, but does not fall within our area of responsibility.

2.4 Contacting berlinovo via private message or comment

It is possible to contact us via our Instagram page either by private message or by commenting under a picture. This allows you to contact us with questions about berlinovo, our Instagram page or other enquiries.

When you contact us, we are provided in particular with your user name, the text of the enquiry and, if applicable, other personal data. We store this data in order to be able to answer your enquiry. Comments are public and visible to all other Instagram users.

We erase the data generated in the course of your enquiry/contact six months after the last message. If there are legal storage obligations, the data will be stored for the duration of the legally prescribed storage obligation. A public comment can only be erased by you.

2.5 Legitimate interests pursued, where the legal basis is Art. 6 Para. 1 lit. f) GDPR

We see our legitimate interest for the data processing in the presentation of our company and our products, corporate communication, marketing purposes as well as services for your information.

2.6 Forwarding and use of the personal data

Facebook

Insofar as you interact within the scope of Instagram then Facebook of course also has access to your data. In particular, it is possible that Facebook Inc., 1601 Willow Road, Menlo Park, California 94025, USA, has access to your data. Facebook is situated here in an insecure third country, in which the level of data protection is lower. The necessary EU standard contracts were insofar concluded with Facebook to guarantee the level of data protection.

 SUPERMARKET LAB

For maintenance of the Instagram company page, we use the German service provider SUMA Kommunikation GmbH & Co. KG (registered seat of the company: Bülowstraße 5 in 10783 Berlin, Managing Director: Denis Hegic). As agreed, these do not only publish the contributions on our company page, but also publish comments on, answers to private messages and erase these private messages. We have concluded a data processing agreement with the service provider according to Art. 28 GDPR.

2.7 Competitions and prize draws

We also organise competitions and prize draw via our Instagram company page. The details regarding the participation in the competitions can respectively be seen from the conditions of participation.

For participation and execution in the competitions and prize draws it may be necessary for you to make the following data available to us: Name of your Instagram account, your real name, contact details (phone number and/or email address), your address.

The data will be exclusively used to carry out the competition. The legal bases of the data processing are the implementation of the contract pursuant to Art. 6 Para. 1 lit. b GDPR and your consent according to Art. 6 Para. 1 lit. a GDPR.

If you agree, if required, a reference story coordinated with you, including the photos coordinated with you, about you and, if applicable, your company will be published. The data processing in this case is based on your consent pursuant to Art. 6 Para. 1 lit. a GDPR.

Besides Facebook Ireland Ltd. no information is principally forwarded to third parties. Another situation may only arise as an exception insofar as third parties are involved within the scope of the competition itself or with the distribution of the prizes. In this case we also safeguard the stipulations from the GDPR and, if applicable, conclude necessary contracts according to Art. 26 or 28 GDPR. More detailed information in this respect can then be derived from the conditions of participation.

2.8 Publication of photos

Insofar as we publish photos of persons this is carried out via consent (legal basis: Art. 6 Para. 1 lit. a GDPR), on the basis of a contractual agreement (legal basis: Art. 6 Para. 1 lit. b GDPR) and in exceptional cases on the basis of legitimate interests (legal basis: Art. 6 Para. 1 lit. f. GDPR in conjunction with Section 23 Para. 1 No. 3 German Art Copyright Act [Kunsturhebergesetz]).

2.9 Erasure of personal data

We erase personal data, insofar as the purpose of the data processing was achieved and also otherwise no legal grounds oppose an erasure of the data.

We always erase private messages in our Instagram account manually after 6 months.

Statutory obligation to provide the personal data:	☒ No	☐ Yes
Contractual obligation to provide personal data:	☒ No	☐ Yes
Requirement of the data for conclusion of the contract:	☒ No	☐ Yes
Automated decision-making incl. profiling pursuant to Art 22 GDPR:	☒ No	☐ Yes
Possible consequences of the non-provision:	None

3. Your rights

In particular with the entry into force of the General Data Protection Regulation on 25 May 2018 you are entitled to the following rights insofar as the prerequisites stated in the law have been fulfilled:

 

Information	Art. 15 GDPR
Right to rectification	Art. 16 GDPR
Right to erasure	Art. 17 GDPR
Blocking /Right to restriction of processing	Art. 18 GDPR
Right to object	Art. 21 GDPR
Right to data portability	Art. 20 GDPR
Right to lodge a complaint with a supervisory authority	Art. 77 GDPR
Right of revocation with granted consent (with effect for the future)	Art. 7 Para. 3 GDPR

Pursuant to Art. 21 GDPR you have the right, for reasons, which arise from your particular situation, to file an objection at any time against the processing of personal data relating to you that is carried based on Article 6 Para. 1 lit. e or f GDPR; as a precautionary measure we would like to point out that this also applies to a profiling supported on these provisions.

If personal data are processed in order to conduct direct marketing, then you moreover have the right to file an objection at any time against the processing of personal data relating to you for the purpose of such marketing; this shall also apply to profiling, insofar as it is associated with such direct marketing.

In order to exercise your aforementioned rights please contact by post the address stated below of

Berlinovo Immobilien Gesellschaft mbH
attn. Data Protection Officer

Hallesches Ufer 74 – 76

10963 Berlin

or per Email to datenschutz@berlinovo.de

The assertion of your aforementioned rights is free of charge for you.

 

Version: November 2021