Policy

Privacy Policy for the Platform getnext.to

The controller for processing of personal data on the internet Platform "getnext.to" (https://www.getnext.to, "Plattform" or "getnext.to") is Fans & Fortune GmbH, Klosterstrasse 44, 10179 Berlin, 030 2888 4199 (no support), info@getnext.to ("we" or "F & F").

In order to be able to offer getnext.to we need to process certain personal data. We highly value the protection of those personal data and observe applicable data protection provisions, especially the General Data Protection Regulation ("GDPR"). We will inform you about how we process personal data while operating the Platform and what purposes such processing serves.

  1. Definitions
    1.1 “Personal data” means any information relating to an identified or identifiable natural person. This includes your email address, name, user behavior, etc.

1.2 "Processing" or "process" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means (such as their collection or storage).

We also refer to the definitions in Art. 4 GDPR and the terms defined in our Terms and Conditions. Whenever the term "Artist(s)" is mentioned in this privacy policy, it means only Artists who act as natural persons. If an Artist acts as a legal entity, this privacy policy only relates to the personal data of the natural person acting on this Artist's behalf.

  1. Processing operations and purposes
    2.1 Accessing the Platform
    Whenever the Platform is accessed, your browser transmits personal data to our server. This is done by using log files in which your IP address is stored. Besides the IP address, the log files transmit the following information to us:
    (a) Date and time of your Platform visit, time zone difference to GMT
    (b) Subpage accessed
    (c) Access status or http status code
    (d) Transmitted data volume
    The processing of those personal data is based on Art. 6 (1) (f) GDPR (legitimate interest). Our legitimate interest lies in being able to display the Platform for you in high quality and guaranteeing its stability and security.

2.2 Contacting F & F
If you contact us in connection with Platform use, we will process the personal data you disclose to us (such as your email address or telephone number, as well as your specific concern), to address your concern, answer any questions, or provide general information via the Platform. The legal basis for this processing is Article 6 (1) (b) GDPR.
If you contact us as a third party (to complain that the Platform content breaches your rights, for example), we will process the personal data you disclose to us (such as your email address or telephone number, as well as your specific concern), to remedy your complaint. The legal basis for this processing is Art. 6 (1) (f) GDPR (legitimate interest).

2.3 Registration and use of the Platform as a Follower
If you register on our Platform, you will be a Follower at first. To do so, you must enter an email address, nickname and password. We will also assign an internal user ID to you. We will process those personal data and all of your Platform activities (such as accessing sites, following Artists, leaving comments or ratings, making purchases or cancellations, and changing your profile) so you can use Getnext.to as a Follower to the full extent (Art. 6 (1) (b) GDPR).

2.4 Using the Platform as an Artist
If you use the Platform as an Artist, we will collect additional personal data from you:
(a) Artist name
(b) Company with whom the Artist is employed
(c) VAT ID No.
(d) Address (street, ZIP code, city, country)
(e) Downloaded content (such as images)
(f) the merchant ID we assign to you as soon as you register as an Artist
(g) Information about contracts you conclude with Followers
(h) Information about whether a claim to payment has already been fulfilled towards a Follower
(i) Information about whether claims to refunds from Followers have been asserted against you, and if so, which claims
Those personal data are processed within the scope of the contract between you and us governing the use of the Platform ("User Agreement"), so that processing is based on Art. 6 (1) (b) GDPR.
Besides the personal data we collect from you, the external service provider whom we use to process payments will collect data from you as part of your registration as an Artist. To process payment, we currently use the external service provider Wirecard Card Solutions Ltd., Grainger Chambers, 3–5 Hood Street, Newcastle upon Tyre; NE1 6JQ, United Kingdom ("Wirecard"). Regarding the processing of those data, please read Wirecard's privacy policy (https://www.wirecard.com/privacy-policy/).
To that extent, we only process the information that you have registered on the Wirecard checkout portal, the information that is necessary for identification purposes between Wirecard and us as part of future transactions with your participation, as well as the merchant ID we have assigned to you in this context. We may learn about personal data which you disclose during registration with the Wirecard checkout portal and which was unknown to us before in regards to and for the purposes of our accounting procedures.
Those personal data are processed within the scope of the User Agreement and your respective Reward Agreement, so that processing is based on Art. 6 (1) (b) GDPR.

2.5 Inquiry regarding legal age
We might verify you are of legal age, or that you have the express permission of your parents or legal guardians, by requesting appropriate proof. In those cases we will process the information about your age, and possibly relevant personal data about your parents, so we can ascertain whether you are using the Platform in compliance with our Terms and Conditions (especially item 3.3 thereof).
Those personal data are processed within the scope of the User Agreement, so that processing is based on Art. 6 (1) (b) GDPR.

2.6 Notification to Followers that new Rewards have been published
We will inform you as a Follower about the publication of a new Reward by an Artist you are following, by email, by a message sent through the Platform's internal messaging system, or both, depending on your profile settings. Those personal data are processed within the scope of the User Agreement, so that processing is based on Art. 6 (1) (b) GDPR.

2.7 Payment processing
To process payments for contracts between Artists and Followers ("Reward Agreement"), we process information about whether certain amounts are due to be paid by you, whether payments have been settled by you as a Follower or received by you as an Artist, and possibly whether and in what amount overpayments have been made and whether any refunds have been paid.
Those personal data are processed within the scope of the User Agreement, so that processing is based on Art. 6 (1) (b) GDPR.

2.8 Use of the Platform messenger
If you use the Platform messenger to communicate with other Users, we receive the following information:
(a) Recipient of your message
(b) Date and time of your message
(c) Time at which a message was received and opened
(d) Sender of the message
(e) Content of the message
(f) IP address of the sender when the message was sent
(g) IP address of the recipient when the message was accessed
Those personal data are processed within the scope of the User Agreement, so that processing is based on Art. 6 (1) (b) GDPR.

2.9 Polls
If you participate in a poll placed by an Artist we process the following personal data concerning you:
(a) Content of the poll and selected answer (that you once were in Rome, for example)
(b) User ID and username

2.10 Search tool
If you use integrated search tools on our Platform the Platform compares the search terms with the nicknames, image URLs and captions ("Flames") of all Artists.
Those data are processed within the scope of the User Agreement, so that processing is based on Art. 6 (1) (b) GDPR.

2.11 Integration of advertising banners
Through the Content Management System integrated into the Platform, content from Artists (especially their profile images) will be shown on the Platform's start page to promote them.
Those data are processed within the scope of the User Agreement, so that processing is based on Art. 6 (1) (b) GDPR.

2.12 We also process the information about any sanctions we have to make against you (blocking your user account, for example). This will ensure that Platform operations remain smooth. That information is processed within the scope of the User Agreement, so that processing is based on Art. 6 (1) (b) GDPR.

  1. Cookies
    We use cookies on our Platform. Cookies are small text files that are stored on your device. We use cookies so we can analyze Platform use on the basis of Art. 6 (1) (f) GDPR (Matomo, cf. item 3.1) and ensure the appropriate functions to Users who are logged into the Platform by storing the login during a session on the basis of Art. 6 (1) (b) GDPR (F & F, cf. item 3.2).
    The following table reveals in detail how we use cookies.

Cookie Vendor Purpose Opt-out, objection Type & Expiry
_pk.id Matomo Tracking: Improving the Platform Opt-out is possible via the check box in the Platform's data privacy area Persistent tracking cookie
_pk_ses Matomo Tracking: Improving the Platform Opt-out is possible via the check box in the Platform's data privacy area Persistent tracking cookie
gtc_s F & F Functional: storing the login. Not possible, since it is necessary to provide the Platform. Session cookie (erased after seven days)

3.1 Matomo
We use the Matomo web analysis service. Matomo is an open-source platform of InnoCraft Ltd., 150 Willis St, 6011 Wellington, New Zealand; you will find additional information under https://matomo.org/faq/new-to-piwik/#faq_130.
Matomo uses tracking cookies to record certain personal data so user behavior can be statistically analyzed. Matomo’s cookies record which subpages of our Platform you access, how long you stay there, to which point of the page you scroll, which parts of the page you click, which parts of the page you move your mouse cursor, which browser and operating system you use to do so, which language settings you have selected, and when and from which subpage you leave the Platform. The information recorded can be used to create pseudonymized user profiles.
In so doing, you will be identified via your IP address. However, this will be anonymized automatically by way of IP masking. Even if you visit the Platform as a logged-in User, the information Matomo collects will not be connected with the registered user account.
Our legitimate interest in this processing is to make the Platform more user-friendly and offer it to you in a continually optimized form. This means the processing is based on Article 6 (1) (f) GDPR.

3.2 F & F-Cookies
We use our own cookies in which the following information is stored:
(a) Time of creation
(b) Related domain
(c) Last access
Our legitimate interest in this processing is to make the Platform more user-friendly and offer it to you in a continually optimized form. This means the processing is based on Article 6 (1) (f) GDPR.

  1. Forwarding the personal data to processors
    The personal data processed described in sections 2.10 and 2.11 will be processed by service providers to whom we will forward the personal data named under section 2.10 or 2.11 for the purpose of processing. In this regard, those data will also be forwarded to our host provider.

  2. Forwarding the personal data to third parties
    We will forward your personal data to third parties only in the following cases. We will not forward personal data to third parties in any cases besides those mentioned.

5.1 Forwarding Follower data to Artists
In the following cases, we will forward individual items of personal data from Platform Users to an Artist.
(a) Following
If you follow an Artist, we will forward your nickname to that Artist along with the information that you are following them. This forwarding occurs as part of the User Agreement. This means the processing is based on Article 6 (1) (b) GDPR.
(b) Conclusion and termination of Reward Agreements
If you conclude or terminate a Reward Agreement with an Artist, we will forward your email address to that Artist along with your nickname.
This forwarding is carried out based on our User Agreement with you and within the scope of your Reward Agreement with the Artist, and should ensure that the Artist can comply with their statutory and contractual obligations towards you, so it is based on Art. 6 (1) (b) GDPR.

5.2 Payment processing
If a Follower would like to pay their Reward, Wirecard will handle the payment completely. The Follower will be redirected to an interface integrated into the Platform, on which Wirecard itself will request the information required for the payment. We may learn the details of your payment (e.g. your bank account or the payment method selected) in regards to and for the purposes of our accounting procedures.

Please read Wirecard's privacy policy (https://www.wirecard.com/privacy-policy/) to learn how Wirecard processes your personal data as well as their privacy policy in regards to the checkout portal (https://checkoutportal.com/privacy-policy/).

Each payment will be assigned a transaction ID in the relationship between us and Wirecard. This transaction ID reveals which Artist and Follower have concluded the respective Reward Agreement. This allows us to track which payments have already been processed.
Those personal data are forwarded within the scope of our User Agreement with you and within the scope of your respective Reward Agreement with the Artist, so that forwarding is based on Art. 6 (1) (b) GDPR.

5.3 Forwarding Artist data to Followers
If you are an Artist and terminate your User Agreement with us and deactivate your account we will retain your contact data even after your account has been deleted so we can provide your contact data to those Followers, at their request, you are obligated to fulfill your Reward Agreements to, even after your User Agreement has been terminated.
By forwarding those data, we are pursuing our objective of offering our customers optimal services even during such cases. The legal basis for this processing is therefore Article 6 (1) (b) GDPR.

5.4 Forwarding Artist data to non-registered Platform Users
The processed personal data described under section 2.11 can also be viewed by unregistered Platform Users during their visit to the Platform, and to this extent are transmitted to them.
That transmission occurs within the scope of our User Agreement with you, so it is based on Art. 6 (1) (b) GDPR.

5.5 Third-party complaints
If you are a third party and lodge a complaint with us (claiming that some of the Platform content is violating your rights, for example), we will forward certain personal data which we have obtained due to your complaint to the User who published the Platform content so that such User might remedy your complaint.
If you, as the User whose published Platform content forms the object of the complaint, do not remove that content (because you believe that no third-party rights are being violated, for example) we will forward your contact data (name and email address) to the third party concerned so that this party can pursue its interests.
That forwarding occurs within the scope of our User Agreement with you, so it is based on Art. 6 (1) (b) GDPR.

5.6 Forwarding to government agencies
In some cases, we might be obliged to transmit personal data to a competent government agency, if and to the extent that a particular law requires us to do so (Art. 6 (1) (c) GDPR).

  1. Forwarding the personal data in third countries
    As part of the search tool and the Content Management System, we transmit personal data to the USA as a third country according to the GDPR. The personal data will be protected each time through standard contractual clauses, the Privacy Shield, or both.

  2. Retention period
    We will retain your personal data only as long as necessary to attain the purpose of their processing. We will erase them afterward unless we are legally entitled or obliged to retain them further.

  3. Your rights
    You have the following rights towards us regarding personal data concerning you:
    8.1 under Art. 15 GDPR, the right to be informed about your personal data we are processing, including the purposes of that processing,
    8.2 under Art. 16 GDPR, the right to have incorrect personal data corrected,
    8.3 under Art. 17 GDPR, the right to have your personal data erased ("right to be forgotten"),
    8.4 under Art. 18 GDPR, the right to have the processing of your personal data restricted,
    8.5 under Art. 20 GDPR, the right to receive a copy of your personal data in a structured, commonly used and machine-readable format if their processing is based on your consent or those data are processed with regard to a contractual relation with you ("right to data portability").
    8.6 the right under Art. 21 GDPR to lodge an objection against any kind of processing based on Art. 6 (1) (e or f) GDPR, and
    8.7 the right under Art. 7 (3) GDPR to withdraw at any time your consent on which a processing of your personal data is based.

You can assert those rights by sending an email to privacy@getnext.to or by post to Fans & Fortunes GmbH, Klosterstraße 44, 10179 Berlin.

You also have the right to file a complaint with a data protection supervisory authority about our processing of your personal data.
Last revised: [Januray 21, 2019]