PRIVACY POLICY

CineD (cinema5D GmbH) is committed to protecting and respecting your privacy.

This policy (together with our Terms of Use) sets out how we collect, store and process any personal data that we gather through our website, or that you provide to us directly. Please read this policy carefully to understand our views and practices regarding your personal data and how we will treat it. Furthermore, this policy informs you on your possible rights as a data subject.

For information and settings on the Cookies on our website, please see our Cookie Tool. Additionally, please note the general information in this policy.

By visiting this website or providing your personal information to us, you are accepting and consenting to the practices described in this policy. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

We may change this privacy policy from time to time by updating this page. You should check this page frequently to ensure that you are informed about any changes. This policy is effective from 1st June 2021.

For the purpose of the General Data Protection Regulation (GDPR) (EU) 2016/679, the data controller is cinema5D GmbH (CineD), Kranzgasse 22/9-10, 1150 Vienna, Austria, [email protected].

Information we may collect about you

We may collect and process the following information about you:

Information you provide to us in the course of (business) correspondence and contracts

You may provide us with information by filling in forms on our website or by corresponding with us by phone, e-mail, live-chat or otherwise. This includes information you provide when you register for an account, request a quote, enter into a contract for the supply of services, enter a competition, promotion or survey and when you report a problem with our site. The personal data you provide may include your name, address, e-mail address, phone number, age, job title, personal interests, preferences, financial and credit card information and other information about yourself to enable us to provide you with services or software products, invoicing etc. The legal basis for the processing is (compare Art 6 GDPR) that the processing is necessary for the performance of a contract or in order to take steps at the request prior to entering into a contract; furthermore, the processing is necessary for compliance with a legal obligation to which we are subject (especially applicable Commercial and Tax Law).

The provision of your personal data is a statutory and contractual requirement (to enter into a contract) and therefore you are obliged to provide the personal data. The possible consequences of failure to provide such data would be that we cannot enter into a contract with your respectively that we cannot perform the service for you.

The period for which your personal data will be stored is – based on the applicable Commercial and Tax Law – seven years after the end of our fiscal year.

The Recipients of your personal data may be: 

• B&H Electronics Corp., 420 9th Ave, New York, NY 10001, USA
• CVP Limited, Priory Mill, Castle Road, Studley, Warwickshire, B80 7AA, UK
• Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA
• Fujiya Co., Ltd., 2-15-6, Otsuka, Bunkyo-ku, Tokyo 112-0012, Japan
• Google, Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA
• Google LLC, D/B/A YouTube, 901 Cherry Ave., San Bruno, CA 94066, USA
• Mailingwork GmbH, Birkenweg 7, 09569 Oederan, Germany
• Matomo – InnoCraft Ltd, 7 Waterloo Quay PO625, 6140 Wellington, New Zealand

Legal basis for the International Data Transfer (outside the EEA) are applicable Standard Contractual Clauses, whereas you can request a copy of them by contacting us. If you post personal data or request information and you have your seat outside the EEA, legal basis for an International Data Transfer might also be your consent respectively that the transfer is necessary for the performance of the pre-contractual measures/ of the contract between us or the transfer is necessary for the conclusion or performance of a contract concluded in your interest (compare Art 49 GDPR).

 Information we collect about your website visit

When you visit our website we may automatically collect information about your computer, including your IP address, information about your visit, your location, your browsing history, and how you use our website. This information may be combined with other information you provide to us, as described above.

 Information we might process in the course of Affiliate Programs

In the course of Affiliate Programs we participate in we may collect the following data categories of you (compare Art 14 GDPR):

• IP address
• Affiliate-ID
• Customer-In-Affiliate-Network-ID
• Order details including prices

The legal basis for the processing is (compare Art 6 GDPR) that the processing is necessary for the purposes of the legitimate interests pursued by us and/ or by the Affiliate Programs, especially payments within the Program, whereas those interests are not overridden by your interests; furthermore, the processing is necessary for compliance with a legal obligation to which we are subject (especially applicable Commercial and Tax Law).

The period for which your personal data will be stored is – based on the applicable Commercial and Tax Law – seven years after the end of our fiscal year.

The Recipients of your personal data may be:

• B&H Electronics Corp., 420 9th Ave, New York, NY 10001, USA
• CJ Affiliate, Commission Junction LLC, 530 E Montecito St, Santa Barbara, CA 93103, USA
• CVP Limited, Priory Mill, Castle Road, Studley, Warwickshire, B80 7AA, UK
• Accusonus Inc, 17 Carley Rd, Lexington, MA 02421, USA
• Amazon.com Inc, 410 Terry Ave. N, Seattle, WA 98109, USA
• DJI Limited, 14th Floor, West Wing,Skyworth Semiconductor Design Building, No.18 Gaoxin South 4th Ave, Nanshan District, Shenzhen, China, 518057
• Freewell Industry Co Ltd, Unit 04,7/F, Bright Way Tower, No. 33 Mong Kok Road, Kowloon, HongKong
• Kessler Crane Inc, 1901 Western Ave., Plymouth, IN 46563, USA
• Kickbooster Inc, 50 Fultz Blvd, Winnipeg, MB R3Y 0L6, Kanada
• Lutify.me, Goran Ljubuncic Studio 75 Kibbutz Galuyot St. Tel Aviv, Israel
• Moment Inc, 55 S. Atlantic St, Seattle, WA 98134, USA
• MZed, The Dorsia Group LLC, 3727 W. Magnolia Blvd #1023, Burbank, CA 91505, USA
• Impact Radius Inc, 10 E Figueroa St # 2, Santa Barbara, CA 93101, USA
• PeakDesign LLC, 2325 3rd Street, Set. 410, San Francisco, CA 94107, USA
• RawFilm Inc, 304 S. Jones Blvd #6548, Las Vegas, NV 89107, USA
• ReelSteady, Super Mega LLC, 33 Driftwood Street, Apt. 12, Marina Del Rey, CA 90292, USA
• Refersion Inc, 242 W 38th St, New York, NY 10018, USA
• ShareASale Inc, 15 W. Hubbard St. STE 500, Chicago, IL 60654, USA
• Shutterstock Inc, Empire State Building, 350 Fifth Avenue, 21st Floor, New York, NY 10118, USA
• Tourbox Tech Inc, 1154 Cadillac Ct, Milpitas, CA 95035, USA
• Zacuto LLC, 401 W Ontario, STE 250, Chicago, IL 60654, USA

Legal basis for the International Data Transfer (outside the EEA) are applicable Standard Contractual Clauses, whereas you can request a copy of them by contacting us. 

 Information we process in the course of our e-Mail-Newsletter

You may subscribe to our electronic newsletter. The personal data you provide may include your e-mail address. The legal basis for the processing is (compare Art 6 GDPR) your freely given consent for the performance of the newsletter-service; an additional legal basis for the processing of the newsletter opening statistics are legitimate interests to optimize our newsletter-service; finally, the processing of the consent and withdrawal data is necessary for compliance with the legal obligations to which we are subject (especially applicable E-Commerce- and Telecommunications Law).

The provision of your personal data is a statutory and contractual requirement (to subscribe) and therefore you are obliged to provide the personal data. The possible consequences of failure to provide such data would be that we cannot perform the newsletter-service for you.

The period for which your personal data will be stored is until your withdrawal.

The Recipients of your personal data may be:

• Mailingwork GmbH, Birkenweg 7, 09569 Oederan, Germany 

To send out our newsletter, we use the “Mailingwork” software solution from Mailingwork GmbH.

Your personal data will be stored by Mailingwork GmbH in Germany. Your data will be used by Mailingwork to send our newsletters and for evaluation purposes. In addition, your data will not be used by Mailingwork GmbH; you will not be contacted by Mailingwork itself, nor will your data be passed on to third parties by Mailingwork.

There is a contract for order processing with Mailingwork GmbH, in which our shipping service provider ensures comprehensive protection of your personal data against unauthorized access or data processing in accordance with the GDPR, taking into account the protection of the rights of the persons concerned. In addition, Mailingwork has been certified as a reputable email marketing service provider by the Certified Senders Alliance.

Legal basis for the International Data Transfer (outside the EEA) are applicable Standard Contractual Clauses, whereas you can request a copy of them by contacting us. 

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

Data Subjects Rights

Under the General Data Protection Regulation (GDPR) (EU) 2016/679, your Rights as a “Data Subject“ are the following:

Right of Withdrawal, Details in Article 7 GDPR: The data subject has the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. It shall be as easy to withdraw as to give consent.

Right of Access, Details in Article 15 GDPR: Every data subject has the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data (copy of the personal data which are the subject of the processing) and the following information: (a) the purposes of the processing; (b) the categories of personal data concerned; (c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; (d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; (e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing; (f) the right to lodge a complaint with a supervisory authority; (g) where the personal data are not collected from the data subject, any available information as to their source;(h) the existence of automated decision-making, including profiling. The controller shall provide a copy of the personal data undergoing processing. For all further copies which the data subject requests, the controller may request a reasonable fee on the basis of administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form;

Right to Rectification and Erasure, Details in Article 16 GDPR: The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies: (a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; (b) the data subject withdraws consent on which the processing is based, and where there is no other legal ground for the processing; (c) the data subject objects to the processing (see below); (d) the personal data have been unlawfully processed; (e) the personal data have to be erased for compliance with a legal obligation in the EU or member state law to which the controller is subject;(f) the personal data have been collected in relation to the offer of information society services (consent of a child).The right to erasure does not apply to the extent that processing is necessary for compliance with a legal obligation of the controller, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, and/or for the establishment, exercise or defence of legal claims.

Right to Restriction of Processing, Details in Article 18 GDPR: The data subject has the right to obtain from the controller restriction of processing where one of the following applies: (a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data; (b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead; (c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims; or (d) the data subject has objected to processing pending the verification whether the legitimate grounds of the controller override those of the data subject. Where processing has been restricted, such personal data shall, with the exception of storage, only be processed with the data subject’s 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 important public interest of the Union or of a Member State. A data subject who has obtained restriction of processing shall be informed by the controller before the restriction of processing is lifted.

Right to Data Portability, Details in Article 20 GDPR: Insofar as the processing is based on consent or a contract and the processing is carried out by automated means, the data subject has the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

Right to Object, Details in Article 21 GDPR: The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller or the purposes of the legitimate interests pursued by the controller or by a third party. The controller shall then no longer process the personal data, except where he prove compelling legitimate grounds for the processing, which override the interests or fundamental rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. If the data subject objects to the processing for the purposes of direct marketing, the personal data shall no longer be processed for this purpose.

Right to File a Complaint with a Supervisory Authority: Every data subject has the right to file a complaint with a supervisory authority without prejudice to other administrative or judicial legal remedies, in particular in the member state of their residence, their workplace or the place the alleged offense occurred, if the data subject is of the view that the processing of personal data concerning him or her breaches these legal provisions. The contact information of the Austrian Data Protection Authority can be found here: https://www.dsb.gv.at/.

If you believe that any information we are holding on you is incorrect or incomplete, or you want to make use of above rights, please email us as soon as possible at [email protected].

Updated: 24th March 2022