/ WATCHMI PRIVACY POLICY

Data privacy statement of Axel Springer Digital TV Guide GmbH concerning the use of the watchmi software

This data privacy statement shall apply to the use of the watchmi software which is provided to the user by Axel Springer Digital TV Guide GmbH, Schiffbauerdamm 22, 10117 Berlin, Germany, (hereinafter referred to as “ASDTVG”). The user may retain the watchmi software on a data carrier (e.g. a CD-Rom) or download it on the Internet.

The user can, by means of the watchmi software, set up a watchmi, which enables him or her to record programmes on offer in accordance with self-determined interest profiles and/or those ascertained by means of the watchmi software - and exclusively stored on the receiver - and have them arranged in personal TV channels. Within the scope of use, by means of the watchmi software an Internet connection is produced between the user and ASDTVG's servers, via which the user's data is transmitted to ASDTVG - in accordance with the provisions of this data privacy statement.

The protection of personal details is an important concern of ASDTVG. Therefore the watchmi software is operated in conformity with the applicable laws on data protection and data security, in particular the provisions of the German Federal Data Protection Act (BDSG), the German Telemedia Act (TMG) and the data protection regulations of the Telecommunications Act (TKG). It is explained below which information is collected, what happens to personal details, how they are recorded, processed and used, and to what extent the user can influence the use of the data.

In principle no recording of personal details

In order to use the watchmi software it is not necessary for the user to notify ASDTVG of personal details, such as name, address, telephone number, e-mail address or bank account details.

Fundamentally, ASDTVG also does not collect any personal details of the user unless ASDTVG expressly asks the user for them and the user agrees to their being forwarded and used by ASDTVG for the purposes specified (e.g. giving an e-mail address to inform users on newly available updates to the watchmi software).

In so far as, in accordance with the provisions of this data privacy statement, exceptionally personal details of the user are collected with his or her permission, ASDTVG does not pass on the latter to third parties unless the user has declared his or her express consent, in advance, or a statutory obligation to pass on the details exists.

Storage of interest profiles and personal TV channels only on the receiver

The self-determined interest profiles and personal TV channels and/or those ascertained using the watchmi software shall exclusively be stored on the user's receiver. They shall not be transmitted to ASDTVG's server and stored there unless the user has declared his or her express consent in advance (e.g. for storage as a back-up copy).

Recording of details in connection with advertisements displayed

So that ASDTVG can provide the user with watchmi free of charge, watchmi is financed through advertising. Therefore, by means of the watchmi software, advertisements (ads, commercials, among other things) are shown on the personal TV channels which the user compiles. So that ASDTVG can charge its advertising partners for placing the advertisements, data is collected concerning:

• which type of advertising has been placed, where and when, i.e. before or after which broadcast;
• whether the user watched the advertisement, interrupted it or passed over it;
• when and whether the user complied with a request to interact in connection with the advertisement;
• which identifier the version of the watchmi software has.

This data is gathered on the receiver and transmitted to ASDTVG's server at a random time. For the purpose of invoicing, it is merged there with the data from other users, to form anonymised use profiles. It is therefore not possible to classify the data collected as belonging to a particular user.

In order to prevent data from being transmitted more than once, it is technically necessary for the date and time of the data transmission, the IP address of the user's receiver and the user's hardware identifier to be temporarily stored on ASDTVG's servers. These details are, however, deleted again immediately once the data transmission has been able to be faultlessly evaluated, usually within a few hours, at the latest after 24 hours. No permanent connection with the use data exists. In order to invoice ASDTVG's advertising partners, only completely anonymized use profiles are used. In so far as it should be necessary to collect or use personal details of the user for personalised advertising, ASDTVG will, in this respect, obtain the user's express prior consent.

Anonymous use statistics

In order to improve the watchmi offer, in addition ASDTVG compiles anonymized use statistics. For this purpose, the use data of all users is integrated (for example, 125 users saw xyz movies). It is not possible to identify the data collected as belonging to a particular user.

Duration of the storage and information on the personal details

In so far as, in accordance with the provisions of this privacy statement, exceptionally personal details of the user are collected, ASDTVG shall not store these details for any longer than is necessary for the purposes specified in this data privacy statement. ASDTVG shall provide the user with information on the details stored on his or her person, as well as the use and processing of them, free of charge, upon request. The user may also contact ASDTVG by e-mail, for this purpose, at the address privacy@as-guides.com.

Correction, updating and deletion

The user may at any time amend or delete his or her personal details, in so far as the latter have been recorded. Nonetheless, the user shall at any time have the right to request the deletion of all personal details collected by ASDTVG concerning him or her which are stored by ASDTVG.

The user may request the amendment, correction or deletion of his or her personal details at any time by e-mail, facsimile or mail to the following contact details: Axel Springer Digital TV Guide GmbH, Schiffbauerdamm 22, 10117 Berlin, phone number: (+49) (0)30 – 2000 919 99 or e-mail: privacy@as-guides.com. In order to be able to identify the details correctly, the request must contain his or her surname and Christian names, e-mail address, postal address and identification by means of a copy of an official form of identification, such as an identity card.

Any other information

The use of the watchmi software shall be subject to the above-mentioned General Terms and Conditions of Business of ASDTVG concerning the watchmi software.

For further questions regarding this data privacy statement, the user may contact ASDTVG by e-mail at the address privacy@as-guides.com.

Amendment of this data privacy statement

Should the contents of this data privacy statement be modified, the user will be informed on this by means of the receiver. In addition ASDTVG will attempt to inform the user by e-mail, using the information last known to ASDTVG, in so far as the user has provided it.

ASDTVG will not use the personal information obtained from the user in any way other than as described above without having informed the user thereof in advance and without having obtained his or her consent, in so far as the latter should be necessary.

Status: December 2009