Terms of Use & Data Protection Policy

We take the protection of your data very seriously and of course handle this information in a responsible manner. By using this APP, you accept these data protection provisions and the applicable terms of use as binding. Flughafen Berlin Brandenburg GmbH, 12521 Berlin (FBB), email: info@berlin-airport.de is responsible for the content as well as the data protection policy for this APP.

Any use of this application in violation of these terms of use or breech of the data protection policy is prohibited.

Terms of Use

Data Protection Provisions

 

1. Terms of Use

This APP is intended exclusively for airlines, BVD service providers, handling agents and other parties involved in the A-CDM process at airports, if the information is required or supports the respective service being provided. In the same manner, the APP is available to those German commercial airports participating in the A-CDM platform ("Partner").

This APP is designed to support the Airport Collaborative Decision Making (A-CDM) process of the participating airports whose data is displayed in the APP. In particular, the A-CDM-APP supports pilots and handling agents during the implementation of A-CDM procedures through the visualization and provision of essential operational information. Additional information is available to FBB partners via their FBB contact persons.

The information provided by the App is not legally binding for the operation of air traffic. Insofar the APP provides information on SIDs (Standard Instrument Departure), which possibly may be assigned to the pilot, this information does not replace the required air traffic control clearance by the air traffic controller. Decisive for the pilot is only the air traffic control clearance, which is legally binding.

The APP is not intended for everyone and is also not intended for private use. Notably, any information displayed in this app does not constitute binding information about departure and arrival times. For booked flights, the airlines’ information and conditions of carriage are exclusively definitive. Any information displayed in this app is solely intended to support operational processing and is subject to constant change during the handling process.

Any use other than that described here requires the express consent of the FBB. The fact that the APP can be downloaded does not replace the required consent of the FBB.

The official Berlin Airport APP for travelers, customers and other interested parties can be downloaded here:

iOS: https://itunes.apple.com/de/app/berlin-airport-sxf-txl/id670935876?mt=8

Android: https://play.google.com/store/apps/details?id=de.berlinairport.app&hl=de

In addition, information for private use is published on the official online channels of the partner airports.

Use of the application

FBB grants you the right to use this application solely for the purposes described above on a mobile device or on several devices with the appropriate licensing. When downloading the APP, the iOS APP is subject to the terms of use set forth in the Apple App Store (http://www.apple.com/legal/itunes/de/terms.html#SERVICE) and for the Android App, the terms of use in the Google Play Store (https://play.google.com/intl/de_de/about/play-terms.html).

It is not permitted to modify, duplicate, publish, license, sell, or otherwise use this application or any information or software associated with this application. You are prohibited from renting, leasing or otherwise assigning rights to this application.

If you violate any provision of these terms of use, your right to use this APP will terminate immediately. In this case, you will be requested to stop using the APP and remove it from your mobile device(s).

The FBB will provide maintenance or support at its sole discretion as part of this APP. The APP is provided without any guarantee of availability, proper functioning, and accuracy of the information displayed for use. The APP is solely for the support of CDM processes. However, the CDM processes and information published at the respective airport take precedence.

The contents of the APP may not be changed by you or used without written permission of the FBB on other websites or networked computers. You agree to not use the information to the detriment of the FBB, its partners, airport users or other parties involved in the CDM process.

Guarantee and liability

This application is provided to you free of charge. The costs for each transfer of data depend on the conditions stipulated by your service provider.

A legal claim to the general use of the APP does not exist. The APP or the respective user receives no support for installation, use or de-installation from the FBB.

The provided APP was created with the utmost care. Neither FBB nor third parties who install data in the APP assume any responsibility for the completeness, up-to-dateness, correctness and accuracy of the APP or the data installed or for the suitability of this APP or any data installed for certain purposes.

The sole risk of using this APP is born by the user. In particular, neither FBB nor third parties, who install data in the APP, shall be liable for any direct or indirect damages or lost profit arising from the installation or use of the APP and any data provided therein unless this violates any essential contractual duties. Essential contractual duties are those that must be fulfilled to achieve the purpose of the contract. In the event of a breach of essential contractual obligations due to simple negligence, liability is limited to damages which were foreseeable at the time of conclusion of the contract as a result of a breach of contract when applying the usual care. This means liability for indirect damages, consequential damages or lost profits is limited to such damages that are typically to be expected when using the APP in accordance with its intended purpose. Despite current virus checks, liability for damage and damage caused by computer viruses or other malicious programs and cyber-attacks is excluded.

Liability for intent and gross negligence as well as compliance with product liability laws remains unaffected by the aforementioned exclusions and limitations of liability.

Subject to change

The APP and its possible uses are subject to change and non-binding. We reserve the right, at our sole discretion, to change, and/or cancel, or discontinue operation of our APP, in whole or in part, at any time and without notice. The FBB [Airport Berlin Brandenburg] also reserves the right to change the terms of use and data protection provisions at any time. You can check this page to find out about any changes. You are free to discontinue use of the APP and uninstall it from your device.

Applicable law and jurisdiction

Any legal claims or processes arising in connection with the APP or its use are subject to the interpretation and application of the laws of the Federal Republic of Germany. The place of jurisdiction is Berlin Mitte, if the user is a merchant or works for a legal entity under public law or for a special fund under public law.

 

2. Data Protection Provisions

1. General Information

The protection of your personal data is a matter of trust and very important to us. To make you feel safe when using our service, we would like to inform you about our data processing methods.

This data protection policy applies to our mobile application services (hereinafter "APP").

You can view these data protection provisions at any time at https://corporate.berlin-airport.de/de/geschaeftspartner/airlines-handling/airport-cdm/a-cdm-app/nutzungsbedingungen.html .

You can also print or save them by using the functions of the mobile device and by downloading a copy of this document to your computer under "Save file as"

After installing this APP, you must acknowledge these data protection provisions by clicking once on the "Start" button. By clicking on this function to initiate use of the APP and also during updates recommended by us, you permit the Airport Berlin Brandenburg GmbH (FBB) to process your personal data.

Responsible body

Flughafen Berlin Brandenburg GmbH

represented by the Executive Board

12521 Berlin

Email: info@berlin-airport.de

Telephone: +49-30-60911150

Purpose & legal basis

We process your personal data in accordance with the provisions of the EU General Data Protection Regulation (GDPR). For the use of this online service and to optimize and improve visualization of A-CDM airport processes, your personal data is processed on the basis of Art. 6 Para. 1 S. 1 lit b GDPR provided that processing your personal data is necessary for the fulfilment of the user contract with you. We also process your personal data based on your consent (Art. 6, Para. 1 S. 1 lit a GDPR), which is indicated for example, when you enter data in the contact forms or registration forms. You will be notified separately of your consent. In addition, data processing for the use of web analytics tools, web tracking or advertising is based on our legitimate interest according to Art. 6 Para. 1 S. 1 lit. f GDPR. However, your interests are also taken into consideration during the provision and optimization process of our APP.

Your stored data is used to provide and improve our A-CDM process information service. If you have revoked your consent to data processing or objected to data processing according to Art. 6 Para. 1 lit. f GDPR, your personal data will be deleted or anonymized. Please note that we can then no longer or only partially provide you with the service previously rendered.

Encryption

For information security and data protection reason, this APP uses encryption when transmitting data. This encryption reduces the risk of the data you submit from being read by unauthorized third parties.

Retention period of personal data

Unless otherwise stipulated in these data protection provisions, personal information collected by this APP will be retained until you request deletion, revoke your consent to storage, or the purpose of the data storage is no longer applicable. If there is a legal obligation or any other legally recognized reason for storing the data (e.g. legitimate interest), the personal data of the affected person will not be deleted until the reason for retaining the data no longer exists.

 

2. User Access and De-installation

You can access the user settings of this APP via the "Settings" function on your device and within the APP application. You can also change these settings at any time or uninstall the entire application. To uninstall the APP or make changes to the user settings, please use the menu items provided in the APP settings, the uninstall function of the APP or refer to the supplied operating instructions and the application wizard on your device or the APP store.

 

3. Rights of the Person Affected

Revocation of your consent

Any consent issued by you may be revoked at any time in the future. The revocation can be exercised or declared by letter, e-mail, or by telephone to the contact persons of the FBB mentioned above.

The legality of the data processing operations prior to cancellation is not affected by the revocation.

Right to object in special cases

If data processing is carried out on the basis of Art. 6 Para. 1 S. 1 lit e or lit f GDPR, you have the right to object at any time to the processing of personal data concerning you for reasons arising from your particular situation with effect for the future.

If you have objected to data processing or data usage, we will no longer process your personal data unless we can prove compelling legitimate grounds for processing that outweigh your interests, rights and freedoms or the processing is for assisting, exercising or defending legal claims.

Other rights

At any time and without giving any reason, you can obtain free information about the data stored about you from FBB. In the same manner, you may request the rectification (Art. 16 GDPR) or deletion (Art. 17 GDPR) of your data to the extent permitted by law. Furthermore, you also have the right to transfer data (Art. 20 GDPR) or restrict processing (Art. 18 GDPR) in accordance with legal requirements. Such claims should be directed to the above-mentioned contact points. In the event of violations of applicable data protection laws, you have the right to file a complaint with a data protection supervisory authority.

 

4. Access Rights of the APP

We require authorization to access certain features of your device listed below in order to provide our services through the APP.

  • Time and time zone query of the device
  • Access to the message service
  • Metadata of the device (device type, operating system version, system language)

Access to the functions of the device is required to ensure the functionality of the APP. The legal basis for this data processing is our legitimate interest within the meaning of Art. 6 Para. 1 lit. f GDPR or your consent within the meaning of Art. 6 Para. 1 lit. a GDPR, if you have consented to the use of the data by the APP via a separate request.

 

5. Data Processing as Part of APP Use

General information

If you use this application, all or part of the following information will be collected and stored to provide you with the highest level of service.

  • Number of page visits and type of pages
  • Use of the APP functions, such as filters and reminders
  • Time stamp when data was loaded from the server
  • Subscription and display of push notifications
  • Anonymized IP, from which the region is derived and from which access to the APP occurs
  • Metadata, such as the unique APP ID generated when the app starts for the first time and Apple tokens

The processing of this personal data is necessary to ensure the functionality of the APP. The legal basis for this data processing is our legitimate interest within the meaning of Art. 6 Para. 1 S. 1 lit. f GDPR or your consent within the meaning of Art. 6 Para. 1 S. 1 lit. a GDPR, if you have consented to the use of the data by the APP via a separate request.

Request

If you contact us (via a contact form within the APP, by e-mail, telephone or fax), your request including all resulting personal data (name, the request itself) will be stored and processed by us, for the purpose of handling your request. The processing of this data is based on Art. 6 Para. 1 S. 1 lit. b GDPR, if your request is related to the fulfillment of a contract or if it is necessary to implement pre-contractual measures. In all other cases, the processing is based on your consent (Art. 6 Para. 1 S. 1 lit. a GDPR) and/or on our legitimate interests (Art. 6 Para. 1 S. 1 lit. f GDPR), since we have a legitimate interest in the effective processing of requests directed to us. The data sent to us via your contact request will be retained until you request deletion, revoke your consent to storage or the purpose for data storage no longer applies (for example, after your request has been processed). Mandatory statutory provisions - in particular, statutory retention periods - remain unaffected.

 

6. Data Analysis

When using the APP, analysis tools can provide statistical evaluations regarding APP usage. These evaluations can be analyzed or used by us for advertising and market research purposes or to improve our services. When using such tools, we ensure compliance with the statutory data protection provisions. When using external service providers, we ensure through appropriate agreements with the service providers that the data processing complies with the German and European data protection standards.

Google Analytics Firebase

We use Google Analytics Firebase (hereafter Google Firebase) to analyze user behavior. The provider is Google Inc. 1600 Amphitheatre Parkway Mountain View, CA 94043, USA.

Google Firebase includes several features that allow us to analyze your in-APP behavior. This allows us, for example, to analyze your screen views, button actuations, in-APP purchases or the effectiveness of advertising. We can also determine which features are commonly or rarely used within our APP. For these purposes, Google Firebase stores the number and duration of sessions, operating systems, device models, region, and a variety of other data. For a detailed overview of the data collected by Google Firebase, see:

https://support.google.com/firebase/answer/6318039?hl=de

The use of Google Firebase may require the transfer of your personal information to the USA.

The use of Google Firebase is to optimize this APP and improve our services. This constitutes a legitimate interest within the meaning of Art. 6 Para. 1 S. 1 lit. f GDPR.

The data collected by Google FireBase as part of this service is used for statistical purposes and cannot be traced to the individual user.

More information about Google Firebase can be found at: https://firebase.google.com/ https://www.firebase.com/terms/privacy-policy.html

 

7. 7. Data Transfer

Only those locations within the FBB, required to implement a particular task, can access the corresponding data. Furthermore, third parties may be used for data processing so that we can effectively carry out our responsibilities. The provision and technical support of the APP is the responsibility of Publicis Pixelpark - A trademark of Pixelpark GmbH, Leibnitzstr. 65, 10629 Berlin. Data usage by third parties for their own purposes does not take place. Any third-party service providers that may be used are contractually obligated by us to maintain data protection and data security in order to properly protect your rights. The data protection measures are continuously checked by us.

Data protection officer & data protection supervisor

You can always contact the data protection officer of our company for questions and suggestions concerning data protection issues. To do this, write and send a corresponding message to:

Flughafen Berlin Brandenburg GmbH

Group data protection officer

12521 Berlin

In addition, and if warranted by the circumstances, there is always the possibility to file a complaint regarding the processing of personal data with a state data protection supervisory authority or with the state data protection commissioner responsible for the FBB.

Changes to this data protection policy

We reserve the right to change these data protection provisions at any time within the confines of the legal requirements.

Version: July 2020