Terms of use and data protection

ARTICLE 1. GENERAL TERMS

„#uploading_holocaust“ is an interactive web project commissioned by boradcasters BR, ORF, and rbb, and produced by Gebrüder Beetz Filmproduktion Berlin GmbH & Co. KG (hereinafter also referred to as “producer“), discussing modern adolescents’ culture of remembrance regarding the subject of the Holocaust.

Users may participate in a poll without disclosing their email addresses. In the context of the interactive experience offered by the web project, however, users also have the opportunity to tie in a YouTube video in the course of the project via link; here users are requested to state their email addresses, whereupon they will be notified when the video has been activated by the producer. In addition, users may eventually voluntarily register using their email addresses in order to be informed about the poll’s results.
The web project is designed for use by individuals in order to effect answers of best-possible authenticity. It is furthermore possible to register a group (class), e.g. for school instruction purposes. Here the email address of the person registering must be provided. Thereby the person registering receives access to the section wherein the user may register a certain number of group members, allowing for an evaluation within the registered group. The person registering is enabled to personally manage the group, as well to delete it.

To receive information on the study’s representativity, and to allow for a meaningful statistical analysis of the answers given, users are to answer some initial questions about their age, gender, nationality, ZIP code, and educational level. These statements are voluntary and may be overridden simply by clicking the continue-button.
No additional user-related personal data will be stored.
By confirming the data protection statement following the START button, the user agrees with the presented General Terms of Use.

ARTICLE 2. DATA PROTECTION AND PERSONAL INFORMATION

2.1. General data protection information

A secure handling of data is important to us. Therefore, the following data protection conditions are in effect. Personal data on users such as age, gender, nationality, place of residence, ZIP code, and educational level are collected anonymously and subject to automated processing. In connection with the online poll, IP addresses of users will not be stored.

Access authorization pertaining to these data is limited to team members working on the project “#uploading_holocaust“ at broadcasters Bayerischer Rundfunk, ORF, rbb, and to the producer. Furthermore, in order to process and analyze data and results, the participating partners of the study, i.e. Agentur für Bildung, and Bayerische Landeszentrale für politische Bildung, receive access through the producer. Beyond this, no raw data will be relayed to third parties, or published. User data will expressly not be used for advertising and other commercial purposes. If a user has voluntarily registered with their email address, it will be stored for the project’s duration – for a period of five years maximum – on a secure server, and deleted immediately thereafter. However, the user may at all times revoke their consent to the storage of their email address. For this, an informal email notice to the following address is sufficient: uploading@br.de

The relevant German data protection laws apply.

2.2. Cookies and elicitation of user data through Piwik

Cookies for performance enhancement

A cookie is a small file transmitted to your browser by a web server, and by the former transmitted along with each hit on a new webpage. This website does not employ permanent cookies which are permanently stored on the user’s harddrive. However, it employs temporary cookies (aka “session cookies”) to allow for your comfortable access to our offerings. For instance, temporary cookies facilitate video downloads, and support animation buildup. In addition, the website can recognize the questions already answered by a user within a current “session”. A session always comprises the time span between a browser’s opening and closing. Unless the browser is closed, a user may always continue at the point of last activity. Closing the browser results in complete deletion of all temporary cookies.

Deactivation of cookies for performance enhancement

The use of our offerings is principally possible without cookies. If you do not wish for us to recognize within a session the device with which you are online, you can define within the settings of your browser how cookies are to be handled – which cookies your browser is to accept, if it is to automatically delete them again, or if you will be notified as soon as a cookie is sent. However, we advise you that the website may not perform optimally in this case.

Elicitation of user data for statistical purposes through Piwik

This website employs Piwik, an open source software for the statistical analysis of user hits. Piwik uses temporary cookies, so-called “session cookies”: text files stored on your computer to allow for an analysis of your usage of the website. Implementation of permanent cookies by Piwik is deactivated. Information generated by temporary cookies on your usage of this internet offering will be stored on the provider’s server in Germany. The IP address will be anonymized immediately and prior to its storage. Temporary cookies are stored for the duration of an individual user’s “session”, i.e. until the user closes the browser. Piwik is responsible for the processing and storage of these cookies.

Objection to Piwik data processing

Here you may decide if a cookie positively intended for web analysis may be stored on your computer in order to enable the website’s operator to collect and analyze various statistical data. If you wish to decide against this, click on the following link to store the Piwik deactivation cookie in your browser.

Please observe that for an effective activation of the opt-out function on the device used by you a specific cookie must be permanently stored. This cookie enables us to recognize you as an opt-out user and exclude your website visits from an evaluation by the Piwik process. Should you delete this cookie, a renewed activation of the opt-out function is necessary to object to the evaluation of webpage views.

YouTube Plugin

With the YouTube Player we integrate own videos from our YouTube channels, or videos from other sources, in our pages. The notes on data protection by Google inform you how Google, the owner of YouTube, gathers and processes your data.

Facebook social plugins

This website uses social plugins provided by the social network Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA, and retrievable under www.facebook.de. These social plugins are marked by one of the Facebook logos, or with the addition „Facebook Social Plugin“. A list and the appearance of Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/. If you call up a page of our website containing one of these plugins, the browser used by you will establish a direct connection with the Facebook servers. The content of the social plugin will be transmitted by Facebook directly to your browser and integrated by the latter into the webpage. Therefore we cannot exercise any influence on the amount of data Facebook compiles by way of social plugins, and we thus inform you according to our present knowledge:

Based on the integration of social plugins, Facebook is notified of you visit of our webpage even if you are not a registered user of Facebook, or are not currently logged in on Facebook. This information is transmitted together with your IP address from your browser to a Facebook server in the U.S. and stored there. According to Facebook, an anonymized IP address only is stored if you are a non-registered user in Germany. If you are logged in on Facebook, Facebook can refer the view of our webpage directly to your Facebook account. Facebook receives information on your visit of our webpage independently of any interaction on your part with the social plugins. If you do interact, e.g. activate the “like” button or leave a comment, the respective information is transmitted directly from your browser to Facebook and stored there. That information is also published on Facebook and indicated to your Facebook friends.

Please refer to the Facebook data protection guidelines as to the purpose and extent of data elicitation, their subsequent processing and use as well as your rights and opportunities for settings adjustment as regards privacy protection; these guidelines are available under http://www.facebook.com/about/privacy.
If you are a registered user of Facebook and do not wish for Facebook to collect data on you via our webpage, and link them with your membership data stored with Facebook, you must log out on Facebook prior to visiting out webpage.

If you do not wish for Facebook to directly link data collected via our website with your Facebook profile, you must log out on Facebook prior to visiting our website. You may also prevent entirely any download of Facebook plugins by an add-on for your browser, e.g. with „Facebook Blocker“.

Twitter plugins

This website uses the controls of web service Twitter. These controls are offered by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA. They are distinguished by terms such as “to twitter“ or „tweet“, or the Twitter logo, respectively. These controls enable you, for instance, to share a contribution or a page of this offering on Twitter, or to follow the host on Twitter. If a user calls up a webpage containing one such button, their browser establishes a direct connection to the Twitter servers. The content of Twitter controls is directly transmitted by Twitter to the user’s browser. Therefore we cannot exercise any influence on the amount of data Twitter compiles by way of these plugins, and can thus merely inform users according to our present knowledge: Accordingly, log data such as the user’s IP address, the previously called-up webpage etc. are transmitted. Additional information thereupon may be found in the Twitter data protection statement under http://twitter.com/privacy.

If you do not wish for Twitter to directly link data collected via our website with your Twitter account, you must log out on Twitter prior to visiting our website. You may also prevent entirely any download of Twitter plugins by an add-on for your browser, e.g. script blocker „NoScript“ (http://noscript.net/).

Person of contact for privacy protection at BR is:
Barbara Nickel
Bayerischer Rundfunk
Rundfunkplatz 1
80335 München
Telephone: 089 / 59 00-23435
Fax: 089 / 59 00-42409
datenschutz@br.de

ARTICLE 3. LIABILITY

Barring liability for damages resulting from injury to life, limb or health, it is considered as expressly agreed that any liability on the part of BR is limited to damage suffered by the user that is caused by intent or gross negligence, particularly damage caused as follows:

  • Non-availability (also temporary) or malfunction (also temporary) of website, regardless of cause
  • Loss of user-specific data
  • Effects of a computer virus
  • Unauthorized access by third parties

As regards liability for damages resulting from injury to life, limb or health, the pertaining legal stipulations remain in effect.

ARTICLE 4. CHANGES OF WEBSITE

BR reserves the right at any time to deny or restrict access to the website, be it temporarily or permanently, with or without prior notice, insofar as the aberration or change is not unreasonable in view of the interests of the contract partner.

ARTICLE 5. APPLICABLE LAW – PLACE OF JURISDICTION

These terms are subject to German law.