Privacy policy

1        General information

Berliner Verkehrsbetriebe AöR, Holzmarktstraße 15-17, 10179 Berlin (“BVG” or “we”) complies with statutory data protection regulations. User data is treated with confidentiality. It is only disclosed to third parties to the extent permitted by data protection regulations or if the user provides their consent.

Personal data is any information relating to an identified or identifiable natural person (Article 4(1) of the EU General Data Protection Regulation (“GDPR”)). This includes information such as your name, your email address, your postal address, and your telephone number. It does not include information that cannot be linked directly to your identity, such as the number of users of a website.

Cookies are small pieces of text used to store information on web browsers Cookies are used to store and receive identifiers and other information on computers, telephones, and other devices.

Cookies cannot run programs or transmit viruses to your computer. They are used to make our website more user-friendly and effective as a whole.

When we use the term “cookies” here, we always also mean comparable technologies that are used for similar purposes.

We use both first-party cookies and cookies from integrated third-party services on our website.

We use functional cookies to ensure a smooth user experience on our website. We also use marketing cookies to measure the success of our online advertising and to allow us to allocate our advertising budget as effectively as possible. In addition, we use analysis cookies that help us to better understand use of our website and to tailor our services better to your needs.

If you wish to contact our data protection officer directly, please see section 6.2 for details of how to do so.

2        Introduction to data processing when using the website

The data we process on our website encompasses the personal data required to enable the informational use of our website, to allow you to contact us by email or our contact form, and to use the “My BVG” service. We also use functional cookies and similar technologies (see 3.1 and 4.1) to enable the use of our website. We do not carry out any other processing of personal data unless you have given consent to the processing or there is another legal basis that allows us to do so. This, in particular, covers data you provide on a voluntary basis when contacting us or using the “My BVG” service, as well as data for analysis and marketing purposes (see 4.2 and 4.3). You are under no obligation to provide your personal data.  If you do not provide your personal data, however, we will not be able to provide the service for which it is required.

If you use our website for purely informational purposes, i.e. not to log in, register, or transmit any other data to us, we do not process any personal data except for the data that is transmitted by your browser to make it possible for you to visit our website and ensure the IT security of the website. This includes your IP address, the date and time of the request, the browser used, and the content of the request. The legal bases for the data processing are Articles 6(1)(b) and (f) of the GDPR. We have a legitimate interest in ensuring the stability and security of the website.

If you have provided your consent to this as set out in Article 6(1)(a) of the GDPR, the aforementioned data will also be processed for marketing and analysis purposes and shared with third parties (see 4.2 and 4.3).

3        Use of functions on our website

Below, we set out the ways in which we ourselves process data in connection with the various available functions on our website.

3.1       First-party cookies

3.1.1      Purpose of data processing

We use first-party cookies on this website. Our cookies are functional cookies required to ensure a smooth user experience on our website. They cannot be disabled.

These cookies enable numerous basic functions such as the following:

  • Order processing for online subscriptions
  • Access to the website’s login area
  • Saving the language selection
  • Saving the font size selection
  • Saving the start and end points of connection enquiries

These are session cookies that are erased when you close your browser.

3.1.2      Processed data

The following categories of data are routinely processed:

  • IP address
  • Time of request
  • Device data, e.g. operating system, browser version, screen resolution
  • Settings you make when using our website (e.g. language selection)

3.1.3      Legal basis for data processing, purpose of data processing

Legitimate interest (Article 6(1)(f) of the GDPR): ensuring a smooth user experience and enabling key basic functions of the website.

3.2       Contacting us by email or on the contact form

If you contact us by email or on the BVG contact form, your request will be evaluated in order to determine your reason for contacting us and to allow us to assist you. We will store your reason for contacting us, your email address, and your name for the purpose of replying to your questions.

The legal bases for the data processing operations set out above are Articles 6(1)(b) and (f) of the GDPR. Article 6(1)(b) of the GDPR is the legal basis for processing requests from customers with whom we have a contract. In addition, we have a legitimate interest in ensuring a smooth customer service experience. We also use your data to ensure that our services function properly and to improve and expedite our data processing processes, e.g. by means of optimised assignment functions.

If the reason for data processing ceases to apply, all personal data you have entered will be erased. This, however, does not apply to data that is required for contract processing or is subject to statutory retention periods (e.g. for tax reasons).

3.3       Career page functions

3.3.1      Job applications

In the course of making an application, your name, your contact details, your qualifications, and other data you transmit to us will be processed for the purpose of selecting applicants for employment. You are required to enter personal data so that we may review your application and, as applicable, later conclude an employment contract with you. Your application will not be considered if you do not enter personal data. Your application and the personal data it contains will be forwarded internally to the employees who are responsible for making the relevant decisions.

The bases for data processing are Section 26(1) of the Federal Data Protection Act (BDSG) and Section 18 of the Berlin Data Protection Act (BlnDSG). We will process information you provide voluntarily in your application on the basis of Section 26 of the BDSG and Section 18 of the BlnDSG in conjunction with Article 6(1)(a) of the GDPR.

Should you take up employment with us, the data required for the employment relationship will be processed further. All other data will be erased within three months following the end of the application procedure. This time limit for erasure also applies if an employment contract is not concluded after the application procedure has been completed. Legal retention obligations remain unaffected by this.

3.3.2      “Jobalert” newsletter

You can subscribe to our “Jobalert” newsletter if you provide your email address, your name, and your job interests. The “Jobalert” newsletter will notify you when a job that matches your search criteria is advertised.

If you subscribe to the “Jobalert” newsletter, we will store your IP address, the sign-up date, and your confirmation of sign-up. This information is stored only as a means of proof in the event that a third party misuses an email address and signs up for “Jobalert” without the valid user’s knowledge.

The legal basis for this processing is your consent as set out in Article 6(1)(a) of the GDPR. We will store your email for as long as you are subscribed to “Jobalert”.

Your consent is obtained with the aid of the double opt-in procedure. You will receive an email containing a link that you must click on to confirm that you are the owner of the email address and wish to receive notifications through our email service. If you do not confirm your subscription to the newsletter within two weeks following receipt of the confirmation email, we will not process the personal data you provided. Instead, this data will be automatically erased. You can unsubscribe from “Jobalert” at any time by clicking on the link contained in every “Jobalert” or by sending us a message using the contact details set out above. The data you provided during sign-up will be erased when you unsubscribe.

3.4       “My BVG” service

If you would like to use our “My BVG” service, you must sign up to do so, providing your name, your email address, and a password you choose. We use the double opt-in procedure for sign-ups, i.e. your sign-up is not completed until you have confirmed that you wish to sign up by clicking on the link in a confirmation email we send you for this purpose. If your confirmation is not received within one day, the personal data you provided is automatically erased from our database.

We will also save the data you provide on a voluntary basis for the duration of your use of the service, unless you erase it yourself. You can manage and change any of the data you provide in your password-protected customer account yourself.

If you use the service, your data may be accessible to other users of the service in connection with performance of the contract. You decide whether to allow this. Non-registered users cannot obtain any information about you.

Your personal data is processed solely for the purpose of using the service. We will store this personal data until you erase it in your profile or erase your profile entirely.

The legal bases for the data processing are Articles 6(1)(a) and (b) of the GDPR.

3.5       Ticket subscriptions and corporate tickets

If you sign up for a ticket subscription (transferable and personal tickets), we will process your personal data as set out below.

3.5.1      Ticket subscriptions

3.5.1.1     Categories of personal data for contract performance

We process your personal data in connection with your subscription contract. For transferable season tickets (annual and monthly eco-tickets, 10 o’clock monthly tickets), we require your full name, address, date of birth, gender, account details (except for the school student ticket Berlin AB), payment frequency (monthly or annually), and, as required, the full name, date of birth, gender, and address of your legal representative or guardian/carer.

For personal season tickets (VBB subscription ticket 65plus, school student ticket, trainee ticket), we also require your photo in addition to the information above. The legal basis for processing this data is Article 6(1)(b) of the GDPR. A photograph is required for us to issue the season ticket in your name. The photograph is electronically processed, digitised as an image file, and stored exclusively for the time and for the purpose of producing the electronic ticket in the form of the non-transferable VBB fahrCard. The stored image file is erased no later than two months following dispatch of the VBB fahrCard. The picture will not be returned; paper-based photographs will be destroyed.

Providing us with your telephone number and email address is voluntary, but if you do, it will be easier for us to contact you if we need to. We process and use this information solely for the purpose of managing contractual matters with you. The legal basis for this is your consent as set out in Article 6(1)(a) of the GDPR. You can withdraw your consent at any time.

In addition, we process pseudonymised ID numbers on the chip card in order to verify its authenticity, as well as our customers’ personal data, if this is required in the course of providing our services. This may include, for example, personal data processed during ticket inspections (e.g. name of passenger not in possession of a valid ticket, time and place of inspection, penalty charge amount) or data in connection with operational incidents. The legal bases are Articles 6(1)(b) and (f) of the GDPR.

We would like to point out that you are generally not obliged to provide personal data. Under certain circumstances, however, it may be necessary to provide the data for conclusion or performance of a contract with the BVG. In such cases, failure to provide personal data may mean that you cannot enter into a subscription contract with us. In the event of ticket inspections, refusal to provide data may result in the identification of persons and the provision of necessary data having to be carried out with the assistance of the police.

3.5.1.2     Disclosure to third parties

We will only disclose your personal data to third parties if this is necessary for the above-mentioned purposes. This may involve the disclosure of personal data to marketing service providers for ticket sales, to service providers for printing tickets/chip cards and to check the authenticity of the VBB fahrCard, to debt collection agencies for the enforcement of claims, and to IT service providers for data storage and maintenance purposes. The disclosure of data in the above-mentioned cases is based on Article 28 of the GDPR, in each case in connection with a processing contract.

We will disclose the personal data required and provided in connection with your SEPA direct debit mandate to the bank that we use to collect payments, which will carry out this transfer of funds and the associated processing of your personal data as an independent entity.

If we disclose personal data to debt collection agencies in accordance with Article 6(1)(f) of the GDPR, we are pursuing our legitimate interest in asserting, exercising, and defending our legal claims.

In some cases, we also transmit personal data to credit agencies prior to the conclusion of a subscription contract and prior to substantial changes to a subscription contract in order to check the creditworthiness of the subscriber. The legal basis is Article 6(1)(f) of the GDPR. Our legitimate interest is in avoiding payment defaults.

We have contracted our IT service provider

Sal.A iT-Services GmbH
Albertstr. 12, D-10827 Berlin,
email: info@sal-a.de

to carry out processing of subscription ticket orders. In this case, too, a processing contract has been concluded in accordance with Article 28 of the GDPR.

3.5.1.3     Duration of storage

We store the personal data concerning you for as long as it is required for the respective purposes for which it was processed. If there is a legal obligation to retain data (e.g. for tax reasons), personal data required for this purpose will be processed for the duration of this retention period.

3.5.2      Corporate tickets

3.5.2.1     Processing of personal data

We process your personal data in connection with your corporate ticket contract (photograph, name, address, company affiliation, account details, payment information). The legal basis is Article 6(1)(b) of the GDPR.

Your photo is required because the corporate ticket is a personal, non-transferable season ticket. If you do not provide one, a corporate ticket cannot be issued in your name. The picture is electronically processed; it is digitised as an image file and stored exclusively for the time and for the purpose of producing the electronic ticket in the form of the non-transferable VBB fahrCard (here as a corporate ticket). The stored image file is erased no later than two months following dispatch of the VBB fahrCard. If you require a replacement for your non-transferable ticket, you will need to resubmit your photo.

We would like to point out that you are generally not obliged to provide personal data. Under certain circumstances, however, it may be necessary to provide the data for conclusion or performance of a contract with the BVG. In such cases, failure to provide personal data may mean that we are unable to provide you with your requested corporate ticket or any other services.

In the event of ticket inspections, refusal to provide data may result in the identification of persons and the provision of necessary data having to be carried out with the assistance of the police.

3.5.2.2     Other purposes of data processing

In addition to the purposes set out above, we process pseudonymised ID numbers on the chip card in order to verify its authenticity, as well as our customers’ personal data, if this is required in the course of providing our services. This may include, for example, personal data processed during ticket inspections (e.g. name of passenger not in possession of a valid ticket, time and place of inspection, penalty charge amount) or data in connection with operational incidents. The legal bases are Articles 6(1)(b) and (f) of the GDPR.

3.5.2.3     Disclosure to third parties

We will only disclose your personal data to third parties if this is necessary for the above-mentioned purposes. This may involve the disclosure of personal data to marketing service providers for ticket sales, to service providers for printing personal tickets/chip cards and to check the authenticity of the VBB fahrCard, to debt collection agencies for the enforcement of claims, and to IT service providers for data storage and maintenance purposes. The disclosure of data in the above-mentioned cases is based on Article 28 of the GDPR, in each case in connection with a processing contract.

We will disclose the personal data required and provided in connection with your SEPA direct debit mandate to the bank that we use to collect payments, which will carry out this transfer of funds and the associated processing of your personal data as an independent entity.

If we disclose personal data to debt collection agencies in accordance with Article 6(1)(f) of the GDPR, we are pursuing our legitimate interest in asserting, exercising, and defending our legal claims. In some cases, we also transmit personal data to credit agencies prior to the conclusion of a subscription contract and prior to substantial changes to a subscription contract in order to check the creditworthiness of the subscriber. The legal basis is Article 6(1)(f) of the GDPR. Our legitimate interest is in avoiding payment defaults.

We have contracted our IT service provider

Sal.A iT-Services GmbH
Albertstr. 12, D-10827 Berlin
email: info@sal-a.de

to carry out processing of subscription ticket orders. In this case, too, a processing contract has been concluded in accordance with Article 28 of the GDPR.

During the SalA.iT order process, you will therefore receive automated emails, which are necessary for successful processing of your corporate ticket application. We will also send your corporate ticket application to your employer for confirmation that you are entitled to participate in the corporate ticket scheme.

3.5.2.4     Duration of storage

We store the personal data concerning you for as long as it is required for the respective purposes for which it was processed. If there is a legal obligation to retain data (e.g. for tax reasons), personal data required for this purpose will be processed for the duration of this retention period.

3.6       Participation in competitions

3.6.1      General information

We organise competitions. Anyone is eligible to take part, unless the rules stipulate otherwise: employees of the BVG or its wholly-owned subsidiaries (hereafter: “BVG”), for example, may not be eligible to participate in certain competitions, or entry to the competition may be restricted to persons above a certain age. Details for each competition can be found in their conditions of participation.

3.6.2      Categories of personal data

In general, we process personal data in the form you use to provide it for the purpose of entering the competition. This means that we will store your postcard or your email address with the personal data they contain that is required to participate, determine the winner(s), and issue the prize. The data required is always dependent on the specifics of the competition, and may include your name, your contact details, your address or email address, your telephone number, as well as, for employees of the BVG or its wholly-owned subsidiaries, your organisation unit and company ID number. Any and all data you provide is on a purely voluntary basis. If you do not provide the required data, however, you cannot take part in the competition.

On competitions accessed via the “Profil” app (only for use by BVG employees), an email address must generally be provided. We also process the following personal data: data you enter when logging in (email address, first name, last name), a login time stamp, and your solution. The general information on data processing for use of the PROFIL app www.profil-app.de/legal/datenschutzerklaerung further applies.

We process personal data by storing it in analogue form (i.e. correspondence received by post) in a location that is only accessible to authorised personnel, or by storing emails, to which again only authorised BVG personnel have access. The data is processed exclusively for the purpose of running the competition, in particular to determine a winner. If you are a winner, we will contact you at the postal or email address you provided.

The legal basis is Article 6(1)(b) of the GDPR.

Your personal data is not used for any purpose other than the competition. In particular, your data will not be used for marketing purposes or disclosed to third parties.

We do, however, reserve the right to publish the first and last name of winners, as well as their place of residence and prize. This is a condition of participation in the competition. The legal basis is Article 6(1)(f) of the GDPR. The BVG’s legitimate interest is in making it transparent that the competition has taken place and a winner has been selected.

3.6.3      Duration of storage

In general, we only store personal data until the competition has ended and a winner has been selected. Following this, the postcards are destroyed (shredded) and emails are erased.

The only exception is if the winner is a BVG employee, in which case the following personal data must be processed further for tax-related reasons: last name, first name, value of prize.  We only store this data for as long as is required by the relevant taxation law. The legal basis is Article 6(1)(c) of the GDPR in conjunction with the relevant tax regulations.

3.6.4      Disclosure to third parties

The personal data concerning you that is required for participation in a competition may be transmitted to service providers contracted by us to run competitions for the purpose set out above.

The disclosure of personal data to our service providers for running competitions is based on Article 28 of the GDPR, in each case in conjunction with a processing contract that ensures that your personal data is only processed in accordance with the BVG’s instructions and is not disclosed to any other parties or processed for other purposes.

3.7       Market research

3.7.1      Purpose of data processing

We conduct market research through our website from time to time. Hyperlinks direct visitors interested in participating to the G3plus market research tool provided by our contracted company Rogator AG, Emmericher Str. 17, D-90411 Nürnberg (“Rogator”). In this case, the data protection regulations of Rogator AG apply and can be viewed here.

Anyone is eligible to take part, unless the market research exercise requires otherwise: employees of the BVG or its wholly-owned subsidiaries (hereafter: “BVG”), for example, may not be eligible to participate in market research exercises, or participation may be restricted to persons above a certain age. Details for each market research exercise can be found in their conditions of participation.

3.7.2      Categories of personal data

In general, we process and save personal data in the form you use to provide it for the purpose of entering the competition. The data required is always dependent on the specifics of the market research exercise As a rule and in most cases, however, we do not request data such as your name, address, or email address when conducting market research.

On some projects, it may be necessary for us to request your name, contact details, address, or email address. In such cases, all information relevant to data protection will be listed separately and all necessary declarations of consent will be obtained before data is stored. Any and all data you provide is on a purely voluntary basis.

Data processing is carried out solely for the purpose of conducting and evaluating the market research exercise. The data will be stored on Rogator AG servers and, for the purpose of evaluation, on BVG servers, to which only authorised BVG personnel have access.

The legal basis is Article 6(1)(a) of the GDPR.

3.7.3      Duration of storage

In general, personal data is stored for as long as it is required for the market research (i.e. the collection of data) and evaluation. The data is then erased.

3.7.4      Disclosure to third parties

The personal data concerning you that is required for a market research exercise and that you provide with your voluntary consent may be transmitted to other service providers contracted by us to conduct market research exercises for the purpose set out above.

The disclosure of personal data to these service providers for conducting market research is based on Article 28 of the GDPR, in each case in conjunction with a processing contract that ensures that your personal data is only processed in accordance with the BVG’s instructions and is not disclosed to any other parties or processed for other purposes.

3.8       Automated decision-making

We do not use automated decision-making, including profiling.

4        Integrated third-party services

We integrate the services of third-party providers for some of the features on our website. In the following, we distinguish between functional services, analysis services, and marketing services.

4.1       Functional services

Functional services enable you to use our website smoothly and are mandatory for using our website.

4.1.1.1     Purpose and scope of data processing

We use the “Consent Management Provider” cookie consent manager (hereafter: “consent manager”) provided by Joahawi AB, Sweden, to obtain consent for data processing or the use of cookies and comparable technologies. With the help of the consent manager, you can grant or deny your consent for all functions or grant your consent for specific purposes or specific functions.

Settings you make can be changed later here. The purpose of integrating this service is to allow users of our website to decide whether to allow the use of non-functional cookies and to give them the option to adjust any settings they have made during further use of our website.

The consent manager stores your data for as long as your user settings are active. You will be prompted to provide your consent again if there are changes to the relevant cookies or other applications to which you have consented and which may result in changes to the processing of your data, or at the latest one year from the last time your user settings were processed. Your user settings will then be stored again for this period of time.

4.1.1.2     Use of cookies

The consent manager uses cookies. These cookies have a maximum lifetime of one year.

4.1.1.3  Processed data

The following categories of data are routinely processed:

  • IP address
  • Time and duration of visit
  • Device data, e.g. operating system, browser version, screen resolution
  • Pages visited
  • Consent information

4.1.1.4     Contract processor as set out in Article 28 of the GDPR

Jaohawi AB
Håltegelvägen 1b
72348 Västerås
Sweden

4.1.1.5     Relationship between the BVG and the data processor

The consent manager is used in connection with a processing contract as set out in Article 28 of the GDPR, under which Jaohawi AB may only use your data in accordance with our instructions.

4.1.1.6     Legal basis for data processing, purpose of data processing

Legitimate interest (Article 6(1)(f) of the GDPR): ensuring that non-functional cookies are only used if consent has been granted.

4.1.1.7     Duration of data processing

All data is stored for as long as is necessary to fulfil the stated purpose and then erased, provided there is no legal obligation to store it for a longer period.

4.1.2      Cloudflare

4.1.2.1     Purpose of data processing

This website uses functions provided by Cloudflare, Inc. (hereafter: “Cloudflare”). Cloudfare operates a content delivery network (CDN) that enables us to maximise the performance of our website.

4.1.2.2     Use of cookies

Cloudfare does not use cookies.

4.1.2.3     Processed data

When you visit our website, Cloudfare will process and store user data. This includes the following:

  • IP address
  • Device data, e.g. operating system, browser version, screen resolution
  • Information about traffic to and from our website

4.1.2.4     Contract processor as set out in Article 28 of the GDPR

Cloudflare, Inc.
101 Townsend St
San Francisco
CA 94107
USA

Your data that Cloudfare uses may be processed in countries outside the European Union. Data protection regulations in the United States, however, are not as rigorous as those in force within the European Union; we therefore cannot rule out the possibility that government authorities in the USA or in other countries may access your data.

For more information on the protective measures for securing data transfer, see Section 4.4 below.

4.1.2.5     Relationship between the BVG and the data processor

Cloudfare is used in connection with a processing contract as set out in Article 28 of the GDPR, under which Cloudfare may only use your data in accordance with our instructions.

4.1.2.6     Legal basis for data processing, purpose of data processing

Legitimate interest (Article 6(1)(f) of the GDPR): maximising website performance.

4.1.2.7     Duration of data processing

All data is stored for as long as is necessary to fulfil the stated purpose and then erased, provided there is no legal obligation to store it for a longer period.

4.1.3      Google Tag Manager

4.1.3.1     Purpose of data processing

This website uses Google Tag Manager, provided by Google Ireland Limited (hereafter: “Tag Manager”).

We use Google Tag Manager to control the use of code snippets (tags), e.g. tracking code, on our website. Google Tag Manager allows us to replace website code quickly and easily using a web interface, without the need to access the source code.

If Google Tag Manager is used to perform other functions that may collect and process your data, details can be found in the relevant sections elsewhere (e.g. Google Analytics).

4.1.3.2     Use of cookies

Google Tag Manager does not use cookies.

4.1.3.3     Processed data

When you visit our website, Google Tag Manager will process and store user data. This includes the following:

  • IP address
  • Device data, e.g. operating system, browser version, screen resolution

4.1.3.4     Contract processor as set out in Article 28 of the GDPR

Google Ireland Limited
Gordon House
Barrow Street
Dublin 4
Ireland

Your data that Google uses may be processed in countries outside the European Union. Data protection regulations in the United States, however, are not as rigorous as those in force within the European Union; we therefore cannot rule out the possibility that government authorities in the United States or in other countries may access your data.

For more information on the protective measures for securing data transfer, see Section 4.4 below.

4.1.3.5     Relationship between the BVG and the data processor

Google Tag Manager is used in connection with a processing contract as set out in Article 28 of the GDPR, under which Google may only use your data in accordance with our instructions.

4.1.3.6     Legal basis for data processing, purpose of data processing

Legitimate interest (Article 6(1)(f) of the GDPR): quick and easy management of website tags.

4.1.3.7     Duration of data processing

Google will anonymise your personal data after nine months, provided there is no legal obligation to store it for a longer period.

4.1.4      Instapage

4.1.4.1     Purpose of data processing

We use Instapage, provided by Instapage Inc. (“Instapage”), to display web pages for specific products, product features, or marketing promotions (landing pages). Landing pages may contain contact forms.

4.1.4.2     Use of cookies

Instapage uses cookies. These cookies have a maximum lifetime of one year.

4.1.4.3     Processed data

Instapage will process the following data when you visit one of our landing pages:

  • IP address
  • Date and time
  • Page views, incl. title and URL
  • Referrer URL
  • Accessed and downloaded files
  • Clicks on page elements or links to other pages
  • Time required to display the page
  • Device information (language settings, screen resolution, browser type/version)

If you get in touch with us using one of these contact forms, we will store the following information in addition to the data you provide:

  • IP address
  • Time the form was sent
  • The page on which you completed the form

4.1.4.4     Contract processor as set out in Article 28 of the GDPR

Instapage Inc.
303 Second Street
Suite 901 South Tower
San Francisco, CA 94107
USA

Instapage is based in the US and processes personal data outside the EU. Instapage is therefore certified under the EU-U.S. Privacy Shield and has committed itself to compliance with the resulting data protection requirements. Data protection regulations in the United States, however, are not as rigorous as those in force within the European Union; we therefore cannot rule out the possibility that government authorities in the United States or in other countries may access your data.

For more information on the protective measures for securing data transfer, see Section 4.4 below.

4.1.4.5     Relationship between the BVG and the data processor

Instapage is used in connection with a processing contract as set out in Article 28 of the GDPR, under which Instapage may only use your data in accordance with our instructions.

4.1.4.6     Legal basis for data processing, purpose of data processing

Legitimate interest (Article 6(1)(f) of the GDPR): we use Instapage in the interest of displaying aspects of our online services in a flexible and appealing way.

4.1.4.7     Duration of data processing

All data is stored for as long as is necessary to fulfil the stated purpose and then erased, provided there is no legal obligation to store it for a longer period.

4.1.5      Contacting us using the chatbot

4.1.5.1     Purpose of data processing

The chatbot provides the fastest way for you to send and receive a reply to enquiries and is available 24 hours a day. You can also use online forms or text input boxes in the chatbot to send requests to the BVG for processing. Based on the content of your request, the chatbot will forward it to the relevant BVG agent to ensure it is dealt with as quickly as possible.

If you contact us using the chatbot, your conversation with the chatbot will be evaluated in order to determine your reason for contacting us, to allow us to assist or reply to you, and to enable resumption of the conversation at a later time.

4.1.5.2     Use of cookies

The chatbot uses cookies (local storage). Their lifetime is unlimited.

4.1.5.3     Processed data

If you use our chatbot, your data will be processed. This includes the following:

  • IP address
  • UserID
  • ConversationID
  • if necessary any data you enter

Users’ IP addresses are not stored.

When you use the chatbot for the first time, a randomly generated UserID will be assigned to you. The UserID is stored in your browser until you erase your browser history. If you want to use the bot again after deleting your browser history, a new UserID will be randomly generated. In this case, you may have to re-enter any answers you previously clicked on or any questions and other information you previously entered. When you use the bot again, your browser will transmit the UserID to the bot. This allows you to continue a previously interrupted conversation, search, or input in the bot at any time (similar to setting cookies on websites). Any conversations, searches, or inputs you started are also created and stored in your browser events. To help us constantly improve the bot, we record events such as “bot was displayed” and click events such as “user clicked on answer X”. For this purpose we use ConversationIDs, which are generated within the bot’s database in a similar way to the UserID. They are used as an object identifier and are integral to the design of the bot, as database entries require a unique identifier.

The user data entered using the chatbot is collected by our service provider and made available to the BVG for evaluation.

4.1.5.4     Contract processor as set out in Article 28 of the GDPR

Solvemate GmbH
Tempelhofer Ufer 1
10961 Berlin
Germany

4.1.5.5     Relationship between the BVG and the data processor

The chatbot is used in connection with a processing contract as set out in Article 28 of the GDPR, under which Solvemate may only use your data in accordance with our instructions.

4.1.5.6     Legal basis for data processing, purpose of data processing

(1) Performance of a contract (Article 6(1)(b) of the GDPR): processing requests from customers with whom we have a contract.

(2) Legitimate interest (Article 6(1)(f) of the GDPR): providing a smooth customer service experience, ensuring that our services function properly, improving and expediting our data processing processes, e.g. by means of optimised assignment functions.

4.1.5.7     Duration of data processing

If the legal basis for data processing ceases to apply, all personal data you have entered will be erased. This, however, does not apply to data that is required for contract processing or is subject to statutory retention periods (e.g. for tax reasons).

4.2       Analysis services

Analysis services help us to better understand how our website is used.

4.2.1      Google Analytics

4.2.1.1     Purpose of data processing

This website uses functions of the web analytics service Google Analytics, provided by Google LLC.

We use Google Analytics to analyse user behaviour and, based on the results, make decisions relating to product and marketing optimisation.

We have activated the “IP anonymisation” function provided by Google on this website. This means that Google will truncate your IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area prior to transmission to the United States. Only in exceptional cases will the full IP address be sent to and shortened by Google servers in the United States.

On behalf of the BVG, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website provider. Google states that it will not associate your IP address with any other data held by Google.

We also use the “Demographics” function in Google Analytics. This enables the creation of reports containing information on the ages, genders, and interests of our website visitors. The data is derived from Google’s advertising services and visitor data from third-party providers. None of the data made available to us can be associated with a specific person. You can disable this function at any time by going to the Ad Settings in your Google account.

4.2.1.2     Consent to data processing

You can consent to the processing of your data by Google Analytics, prevent the collection of your data, or withdraw any consent you may have given with the help of our consent manager To withdraw your consent, go to the cookie settings at the bottom of our website pages.

4.2.1.3     Use of cookies

Google Analytics uses cookies. These cookies have a maximum lifetime of two years. We will, however, request your consent again after a period of one year and only carry out analysis after this time if you provide this consent.

4.2.1.4     Processed data

The following categories of data are processed:

  • IP address
  • Online identifiers (incl. cookie IDs)
  • Device identifiers
  • User device data (e.g. browser type and version, device type, operating system)
  • User behaviour (e.g. pages/content accessed, access of content from specific website areas, session duration/duration of visit, bounce rate)
  • Use of specific website functions (e.g. journey planner, search queries, downloads)
  • e-commerce activity (e.g. purchased products, sales)

4.2.1.5     Contract processor as set out in Article 28 of the GDPR

Google LLC
1600 Amphitheatre Parkway
Mountain View, California 94043
USA

The information processed by Google about your use of the website will generally be transmitted to and processed by Google on servers in the United States.

Data protection regulations in the United States, however, are not as rigorous as those in force within the European Union; we therefore cannot rule out the possibility that government authorities in the United States or in other countries may access your data.

4.2.1.6     Relationship between the BVG and the data processor

Google Analytics is used in connection with a processing contract in accordance with Article 28 of the GDPR.

We have no influence, however, over the type and scope of data processed by Google, how it is processed and used, or whether it is disclosed to third parties. As a result, we do not have an effective method of monitoring how Google uses your data. In particular, Google may use the data for any of its own purposes, for example to create profiles or to link it to other data held by Google, such as your Google account data.

4.2.1.7     Legal basis for data processing, purpose of data processing

Consent (Article 6(1)(a) of the GDPR): we will only store Google Analytics cookies and perform associated data processing operations if you have granted us your voluntary and revocable consent to do so.

4.2.1.8     Duration of data processing

Google will anonymise your personal data 14 months after your last activity, provided there is no legal obligation to store it for a longer period.

4.2.2      Google Optimize

4.2.2.1     Purpose of data processing

This website uses functions of the web analytics service Google Optimize, provided by Google LLC.

We use Google Optimize to analyse user behaviour and, based on the results, make decisions relating to product and marketing optimisation.

We have activated the “IP anonymisation” function provided by Google on this website. This means that Google will truncate your IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area prior to transmission to the United States. Only in exceptional cases will the full IP address be sent to and shortened by Google servers in the United States.

On behalf of the BVG, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website provider. Google states that it will not associate your IP address with any other data held by Google.

4.2.2.2     Consent to data processing

You can consent to the processing of your data by Google Optimize, prevent the collection of your data, or withdraw any consent you may have given with the help of our consent manager To withdraw your consent, go to the cookie settings at the bottom of our website pages.

4.2.2.3     Use of cookies

Google Optimize uses cookies. These cookies have a maximum lifetime of two years. We will, however, request your consent again after a period of one year and only carry out analysis after this time if you provide this consent.

4.2.2.4     Processed data

The following categories of data are processed:

  • IP address
  • Online identifiers (incl. cookie IDs)
  • Device identifiers
  • User device data (e.g. browser type and version, device type, operating system)
  • User behaviour (e.g. pages/content accessed, access of content from specific website areas, session duration/duration of visit, bounce rate)
  • Use of specific website functions (e.g. journey planner, search queries, downloads)
  • e-commerce activity (e.g. purchased products, sales)

4.2.2.5     Contract processor as set out in Article 28 of the GDPR

Google LLC
1600 Amphitheatre Parkway
Mountain View, California 94043
USA

The information processed by Google about your use of the website will generally be transmitted to and processed by Google on servers in the United States.

Data protection regulations in the United States, however, are not as rigorous as those in force within the European Union; we therefore cannot rule out the possibility that government authorities in the United States or in other countries may access your data.

4.2.2.6     Relationship between the BVG and the data processor

Google Optimize is used in connection with a processing contract in accordance with Article 28 of the GDPR.

We have no influence, however, over the type and scope of data processed by Google, how it is processed and used, or whether it is disclosed to third parties. As a result, we do not have an effective method of monitoring how Google uses your data. In particular, Google may use the data for any of its own purposes, for example to create profiles or to link it to other data held by Google, such as your Google account data.

4.2.2.7     Legal basis for data processing, purpose of data processing

Consent (Article 6(1)(a) of the GDPR): we will only store Google Optimize cookies and perform associated data processing operations if you have granted us your voluntary and revocable consent to do so.

4.2.2.8     Duration of data processing

Google will anonymise your personal data 14 months after your last activity, provided there is no legal obligation to store it for a longer period.

4.3       Marketing services

4.3.1      YouTube

4.3.1.1     Purpose of data processing

We use a YouTube channel provided by Google Ireland Limited for our promotional videos. We embed our YouTube videos on our website to provide you with a smooth video experience without the need to switch websites.

4.3.1.2     Consent to data processing

You can consent to the processing of your data by YouTube, prevent the collection of your data, or withdraw any consent you may have given with the help of our consent manager To withdraw your consent, go to the cookie settings at the bottom of our website pages.

4.3.1.3     Use of cookies

YouTube uses cookies. These cookies have a maximum lifetime of two years. We will, however, request your consent again after a period of one year and only carry out analysis after this time if you provide this consent.

4.3.1.4     Processed data

As soon as you access a video, Google will process your personal data (at minimum IP address, browser data, settings).

Prior to viewing the video, you will be asked for your consent to display the video and for Google to set cookies in your browser. Information about what data Google processes and for which purposes can be found in the Google LLC privacy policy:

https://policies.google.com/privacy?hl=de&gl=de#infocollect

We have no influence over the type and scope of data processed by Google, how it is processed and used, or whether it is disclosed to third parties. As a result, we do not have an effective method of monitoring how Google uses your data. In particular, Google may use the data for any of its own purposes, for example to create profiles or to link it to other data held by Google, such as your Google account data.

In all cases, Google will also receive information about the content you view, even if you have not created an account. This “log data” may include your IP address, browser type, operating system, information about the website and pages you previously visited, your location, your mobile provider, the device you are using (including device ID and application ID), the search terms you used, and cookie information.

4.3.1.5     Controller

Google Ireland Limited
Gordon House
Barrow Street
Dublin 4
Ireland

It is possible that Google Ireland will transfer the data processed from you to a server operated by Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, and process this data there.

Data protection regulations in the United States, however, are not as rigorous as those in force within the European Union; we therefore cannot rule out the possibility that government authorities in the United States or in other countries may access your data.

For more information on the protective measures for securing data transfer, see Section 4.4 below.

4.3.1.6     Legal basis for data processing, purpose of data processing

Consent (Article 6(1)(a) of the GDPR): storage of the above-mentioned data and the cookies set in your browser, as well as associated data processing operations, will only be carried out if you have granted your voluntary and revocable consent prior to viewing our videos.

4.4 Transfer of personal data to third countries

Please note that data processed in other countries may be subject to foreign laws and may be accessible to the governments, courts, law enforcement and regulatory authorities of those countries. However, if your personal data is transferred to third countries, we will take appropriate measures to adequately secure your data.

Unless an adequacy finding has been made by the EU Commission for the recipient country, the transfer of your data to a third country is protected by standard EU contractual clauses (https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en) concluded with the recipient or by binding internal data protection guidelines. Otherwise, a transfer will only take place if an exception under Art. 49 DSGVO is fulfilled.

5        Your data protection rights

Depending on the circumstances in your specific case, you have the right

  • to obtain access to the personal data processed by us and/or request copies of these data. This includes information concerning the purpose of usage, the category of data used, their recipients and authorised users, and, where possible, the planned period for which the data will be stored or, if that is not possible, the criteria used to determine that period;
  • to request the rectification, erasure, or restriction of processing of your personal data, provided that its use is impermissible under data protection law, in particular because (i) the data is incomplete or incorrect, (ii) the data is no longer required for the purposes for which they were collected, (iii) the consent on which processing is based was withdrawn, or (iv) you have made use of your right to object to processing of your personal data; in cases in which the data is processed by third parties, we will forward your request for rectification, erasure, or restriction of processing to these third parties, unless this proves to be impossible or would involve disproportionate effort;
  • to refuse consent or – without affecting the lawfulness of data processing carried out prior to withdrawal – to withdraw your consent to the processing of your personal data at any time;
  • to request the personal data concerning you, which you have provided to us, in a structured, commonly used, and machine-readable format and to transmit this data to another controller without hindrance from us; you also have the right to have the personal data transmitted directly from us to another controller, where technically feasible;
  • to take legal action or appeal to the data protection supervisory authorities, if you are of the opinion that your rights have been infringed due to processing of your personal data that is not in compliance with data protection regulations.

You also have the right to object to processing of your personal data at any time:

  • where we process your personal data for direct marketing purposes
  • where we process your personal data in pursuance of our legitimate interests and on grounds relating to your particular situation

6        Other information

6.1       Privacy policy updates

We update this privacy policy to reflect modified functions or changes to the law. We therefore recommend that you read the privacy policy from time to time.

6.2       Contact

If you have any questions, suggestions, or comments on the topic of data protection, please feel free to contact our data protection officer.

Contact information:

Data protection officer

Berliner Verkehrsbetriebe (BVG)

Statutory public body
Holzmarktstraße 15-17
10179 Berlin

or

datenschutz@bvg.de

 

Last updated: 17/09/2020