6. Our Social Media Sites
6.1. Responsibilities
The party responsible for the collection and processing of data described below (the controller) is in some cases us, Schwarz Dienstleistung KG, Stiftsbergstraße 1, 74172 Neckarsulm, and in some cases the operator of the relevant social media platform. For certain types of processing, Schwarz Dienstleistung KG and the platform operator act as joint controllers as defined in Article 26 GDPR.
Schwarz Dienstleistung KG, operates the following social media sites: TikTok
6.1.1. Responsibilities of the Platform Operator
Schwarz Dienstleistung KG (SDL) has only limited control over the processing of data by the operators of social media platforms (e.g., the management of members and the information shared). In the situations in which SDL is able to have influence and can set parameters for the data processing, SDL endeavors to ensure within the confines of the options available to it that the social media platform operator deals with the data in accordance with data protection law requirements. In many cases, however, SDL is unable to influence the way in which social media platform operators process data and also does not know exactly which data they process.
Platform operators operate the entire IT infrastructure of the service, have their own privacy policies and maintain their own user agreements with you (where you are a registered user of the social media service). The operator is also solely responsible for all questions relating to the data that makes up your user profile, which SDL as a company has no access to.
You will find further information about the data processing performed by social media platform operators and your rights to object in the privacy policies of the operators.
TikTok: https://www.tiktok.com/legal/page/eea/privacy-policy/de
6.1.2. Responsibilities of Schwarz Dienstleistung KG
6.1.2.1. Purposes and Legal Basis of Data Processing
SDL processes data on its social media sites for the purpose of providing information to users about services, promotions, prize draws, specific topics and latest company news, to interact with visitors to its social media sites on these topics, and to respond to relevant inquiries and positive or negative feedback.
SDL merely reserves the right to delete content if it becomes necessary to do so. SDL may share your content on its site if this is one of the functions of the social media platform, and communicates with you through the social media platform. Article 6(1)(f) GDPR is the legal basis for this. The processing is carried out for the purpose of public relations work and communications. Operators have no ability to influence SDL's processing of your data in connection with customer communications or prize draws.
As already mentioned, where social media platform operators give SDL the option, it makes sure it designs its social media sites to be as compliant as possible with data protection laws.
6.1.2.2. Recipients/Categories of Recipient
The data entered by you on SDL’s social media sites, such as comments, videos, images, likes, public messages, etc., is published by the social media platforms and is not used or processed by SDL for other purposes at any time. SDL merely reserves the right to delete unlawful content if it becomes necessary to do so. This would be the case, for example, for posts that infringe rights or violate the law, comments that incite hatred, offensive comments (sexually explicit content) or attachments (e.g., images or videos), which may be in violation of copyright laws, moral rights/rights of publicity or criminal law.
SDL may share your content on its site if this is one of the functions of the social media platform, and communicates through the social media platform. If you post an inquiry on the social media platform, SDL may also, depending on the required response, refer you to other more secure modes of communication that guarantee confidentiality. You always have the option of sending confidential inquiries to the SDL's postal address.
6.1.2.3. Obligation to Provide Your Data
You are under no statutory or contractual obligation to provide personal data to SDL. When you use its social media sites for purely informational purposes, SDL does not collect any personal data. You can still visit SDL’s sites even if you do not wish to provide it with any personal data, but you will not be able to use any enhanced features such as the news function and the function allowing you to post images or comments etc.
6.1.2.4. Storage Time
SDL deletes or securely anonymizes all information it receives from you when you make inquiries no later than 90 days after the final response is sent to you. The information is retained for 90 days in case you contact SDL again after receiving a response from SDL on the same matter and it needs to refer to our previous correspondence. Based on experience, we generally do not receive any questions concerning responses after 90 days. If you assert your rights as a data subject, your personal data will be stored for three years after the final response in order to document the fact that SDL provided you with comprehensive information and that the legal requirements have been met.
All public posts that you put on the social media sites remain in the timeline for an indefinite period, unless SDL deletes them as part of updating the information on the topic, they violate the law or breach SDL’s guidelines or policies, or you delete the post yourself. SDL has no control over the deletion of your data by the operator itself. The privacy policy of the relevant operator therefore also applies in relation to the storage period.
6.2. Processing as joint controllers
In some cases, we and the operator of the social media service act as joint controllers as defined in Article 26(1) GDPR:
SDL and the platform operator act as joint controllers with regard to the web tracking methods used by the social media platform operator. Web tracking can occur regardless of whether you are logged in or registered on the social media platform. As already explained, unfortunately SDL has almost no control over the web tracking methods used by social media platforms. SDL cannot switch this off, for example.
The legal basis for the web tracking methods is Article 6(1)(f) GDPR. Optimizing social media platforms and the relevant fan pages is seen as a legitimate interest for the purpose of the above provision.
For further information about recipients and categories of recipients and the storage time/criteria for determining storage time, please refer to the privacy policies of the platform operators. SDL has no influence on these.
You will find information on the rights available to you to prevent these web tracking methods in the privacy policies of the platform operators. You can also contact the platform operators about this using the contact details provided in the legal notice section of their respective websites.
SDL has only a very limited ability to influence and prevent the provision of statistics to it by social media platform operators. However, SDL does ensure that it does not receive any additional optional statistics.
Please be aware that it is possible that social media platforms will use your profile and user behavior data in order to analyze, for example, your habits, personal relationships and preferences etc. SDL has no control over the processing or disclosure of your data by social media platform operators.
6.3. TikTok Analytics
As the operator of the TikTok Page, SDL has access to the so-called TikTok Analytics. The TikTok Analytics are a non-derogable part of a TikTok Page and contain anonymized statistical data of users who have interacted with the TikTok Page of the SDL and/or its content.
This data is collected with the help of so-called cookies, which are set by TikTok and each contain a unique user ID. TikTok processes the so-called "engagement data" to create TikTok Analytics. This may include some or all of the following:
Actions of persons: Viewing content provided by a TikTok account; liking content; commenting on or sharing content; clicking on areas within a TikTok account or its content (e.g., video anchor, account profile, app download); starting a communication with the TikTok account that provided the content.
Information about the actions, the people performing the actions and the browsers/apps used to perform them, such as date and time of action; viewing duration; country/city; age/gender group; user interests; user's device type; and source of content views (e.g., "For You" tab, "Follow" tab, search, etc.).
SDL does not have access to this information collected by TikTok. As the operator of the TikTok Page, TikTok only provides SDL with anonymized statistical analyses and reports on the information collected.
As the operator of the TikTok Page, SDL is jointly responsible with TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Ireland, for the collection of the information presented and its consolidation into anonymized analytics provided to SDL by TikTok, so that it has concluded a joint responsibility agreement with TikTok. You can access this at https://www.tiktok.com/legal/page/global/tiktok-analytics-joint-controller-addendum/en . A summary of the main contents of this agreement can be found at https://www.tiktok.com/legal/page/global/information-about-tiktok-analytics/en
By collecting the collected data and aggregating it into anonymized statistics, SDL aims to better understand site visitors and gain insights into what content on its TikTok Page is of interest to its audience. On the basis of Article 6(1)(f) GDPR, SDL aims to tailor the content and its information offering to the needs of its visitors in the best possible way and to optimize it accordingly.
If you have any questions about the use of your data with regard to TikTok Analytics and/or wish to assert your data subject rights in this regard, you can contact TikTok directly: https://www.tiktok.com/legal/report/privacy. Alternatively, you can contact TikTok's data protection officer directly: https://www.tiktok.com/legal/report/DPO
As the provider of the social network and the fact that SDL, as the operator of the TikTok Page, does not have access to the data collected about you as part of TikTok Analytics, TikTok alone has direct access to the necessary information and can also immediately take any necessary measures and provide information. In this respect, you are requested to assert your rights directly against TikTok. Should you nevertheless require the support of SDL, we will be happy to assist you.
