Messe Berlin, S. de R. L. de C. V. data protection notice for websites and online offers/presence and marketing

Messe Berlin, S. de R. L. de C. V. (hereinafter “Messe Berlin”) attaches great importance to data protection. This data protection notice informs about the processing of personal data of website visitors or users (hereinafter referred to as “users“) in connection with the use of the websites and the associated sub-pages (hereinafter referred to as “websites“) as well as the online offers/presence of Messe Berlin and marketing. For particular processing activities there will be separate information notices, where necessary.

1. Controller and data protection officer (Identity and domicile)

Controller within the meaning of the Mexican Ley Federal de Protección de Datos Personales en Posesión de los Particulares (LFPDP):  Messe Berlin, S. de R. L. de C. V., Axayácatl 33, Col. Ciudad del Sol. CP 45050 Zapopan, Jalisco. México e-mail: [email protected]. Data protection officer: group data protection officer of Messe Berlin (address: as before; e-mail: [email protected]).

2. Categories and sources of personal data

Messe Berlin processes the following personal data for the websites and its online offers/presence:

  • Newsletter registration/surveys, competitions (advertising): e-mail address and, if applicable, first name, surname, date and time of consent, type of newsletter, survey and competition and, if applicable, information on interests and answers to questions and communication.
  • Contact requests/feedback form: surname, first name, position, company, e-mail address, date and time of the enquiry and subsequent communication with Messe Berlin, as well as other information provided in the course of the enquiry.
  • Comment function: in addition to the name of the user, the comments posted, the date and time of the comment and technical data such as the IP address of the user’s device.
  • Social Media Profile: use of and interaction with profiles and content of the various Messe Berlin events on social media such as Facebook, X, LinkedIn, Instagram, YouTube and TikTok. Comments, shares and likes can be processed.
  • Registration/Log in: some websites and online offers/presence are only accessible after previous registration or to a restricted group of persons. As a rule, the name, e-mail address and date/time of registration/log-in or any consent given are processed for this purpose and the identity of the user is verified. For further details, see the individual registration/log-in process.
  • Logfiles: When using the websites and online offers/presence, information are automatically sent from the end device of the user to the server of the website. This information is stored for a limited time in a so-called log file and includes the following data: Internet browser type and version, operating system, IP address, referrer URL and host name of the accessing end device, timestamp and duration of use, activities performed and result.
  • Technical data: Cookies or similar tracking technologies automatically collect data when using the websites. For details, see the information on cookies and tracking technologies here: https://itb-americas.com/cookies/

Messe Berlin processes the following data for e-mail marketing purposes:

  • Open, click and bounce rates.

The users themselves are the source of the personal data. Otherwise, the data are collected automatically or, in individual cases, transmitted by third parties (especially if the registration is carried out by another person). Mandatory information’s are marked as such in online forms. Unless otherwise stated, in such cases the information is required for the conclusion of a contract or for access to a specific online offer/presence. In individual cases, data from other providers (website operators) are transmitted to Messe Berlin and processed. In particular, this may be data containing information on the origin of the user, i.e., the source from which the user was directed to the Messe Berlin website. When users provide details for (another) person(s) (hereinafter referred to as “third party(ies)“) or provide their data, users must ensure and assure that they are authorized to provide Messe Berlin with such third party(ies)’ data, that Messe Berlin may lawfully process such data for the purposes mentioned in section 3, and that the third party/ies concerned have been sufficiently informed by the users about the processing of the personal data pursuant to this notice.

3. Purposes and legal basis of processing

Messe Berlin processes the personal data mentioned in section 2 for the following processing purposes on the basis of the legal bases specified below:

  • Direct marketing, newsletter, market research, surveys and competitions (advertising)

Users can voluntarily register for newsletters or participate in (opinion) surveys or competitions on some of Messe Berlin’s websites and online offerings. In these cases, the personal data will be processed for the purpose of contacting the user by e-mail or post and sending the electronic or postal newsletter or participating in and carrying out the survey or competition. This includes the periodic or event-related electronic dispatch of information about Messe Berlin and its subsidiaries, trade fair/event-related information about Messe Berlin’s own and guest events, including exhibitors, sponsors, association and other cooperation partners of the respective event as well as their products and services, and information about opening, accompanying and subsequent events. Subsequent events also include other trade fairs and events organized or held by Messe Berlin or other Messe Berlin group companies in Mexico, Germany and abroad. The personal data are also processed for market research purposes, for online surveys and for direct marketing purposes (e.g., individualized online advertising formats). Legal basis for the processing of data for these advertising purposes is the consent (Arts. 6 and 7 LFPDP).

For information on rights, in particular the right to object to the processing and use of data for advertising purposes, see section 7.

  • Contact requests, comment function and feedback form

Messe Berlin processes personal data in order to be able to process and respond to inquiries to Messe Berlin. This can also include information material for advertising purposes, insofar as this helps to answer the inquiry. The processing is based on the legitimate interest of Messe Berlin in responding appropriately to inquiries and, depending on the group of addressees, also in press and public relations activities (legal basis: Arts. 6 and 7 LFPDP) or for the performance of a contract or for the implementation of pre-contractual measures, insofar as the inquiry relates thereto (legal basis: Art. 6 and 7 LFPDP).  

On some websites there is the possibility to post comments. The personal data in this regard are processed on the basis of the consent of the user (legal basis: Art. 6 and 7 LFPDP).

Users can provide feedback on accessibility or report a deficiency via a feedback form on the Messe Berlin website. The personal data required for this purpose will be processed by Messe Berlin in order to remedy the existing deficiency or to contact the user in case of queries regarding the report (legal basis: Arts. 6 and 7 LFPDP). 

  • Social media and social media profiles

Messe Berlin maintains publicly accessible profiles on social networks and social media channels for public relations, external presentation, customer acquisition, advertising and communication with participants of the social networks. The legal basis for data processing is the legitimate interest of Messe Berlin in a corresponding public presence (Arts. 6 and 7 LFPDP).

  • For further information on data protection, see the privacy notices of the providers of the social networks and social media channels and the information on cookies and tracking technologies (section 4) here: https://itb-americas.com/cookies/
  • Operation, usability, operability and safety

The data in the log files are processed for the purposes of operation, usability, operability and security, including troubleshooting, in the legitimate interest of Messe Berlin and users (legal basis: Arts. 6 and 7 LFPDP). Some cookies or other technologies used on the websites of Messe Berlin and online services also automatically collect data for these purposes. The subsequent processing of this data serves the aforementioned purposes in the legitimate interests of Messe Berlin and the users (legal basis: Arts. 6 and 7 LFPDP).

  • Registration and ticketshop

When users purchase a ticket for an event or register for it, or in order to use additional functionalities on the websites Messe Berlin or online services, the personal data are processed for the purpose of establishing and implementing the contractual relationship with Messe Berlin (legal basis: Arts. 6 and 7 LFPDP). For further information on data protection, please see the separate data protection notices in the ticketshop or on the website of the respective event.

  • Analysis, optimization and personalized marketing

Cookies or other technologies used on the Messe Berlin websites help Messe Berlin to analyze the use of the websites or online services, to measure performance and to optimize the websites or online services (so-called functional technologies). The subsequent processing of this data for these purposes serves these legitimate interests of Messe Berlin (legal basis: Arts. 6 and 7 LFPDP).  The email marketing data are processed for the purposes of analyzing and improving the effectiveness of email marketing. Some technologies are used to display personalized ads that correspond to users’ interests (so-called marketing technologies). The subsequent processing of this data for this purpose is based on the consent of the users (legal basis: Arts. 6 and 7 LFPDP).

  • Compliance with statutory or legal obligations

Messe Berlin also processes the data in order to comply with statutory or other legal obligations (in particular commercial and tax law in the case of contracts, business communication and payments, and data security) (legal basis: Arts. 6, 7 and 9 LFPDP). Messe Berlin retains any data protection consents and other consents given by users in its legitimate interest (legal basis: Arts. 6, 7 and 9 LFPDP) in providing evidence thereof, inter alia, to comply with its legal obligations.

4. Categories of recipients

When users register for newsletters or make an inquiry, the personal data are processed by the departments responsible for this (in particular Marketing & Media or Corporate Communication and the respective event team).

Where necessary, personal data (in particular contact details, trade fair/event-related data, status, ticket sales, interests) will be transferred to other companies in the Messe Berlin group of companies or to the relevant foreign representative office for the purposes stated in section 3 (in particular, to respond to contact inquiries or, in the case of the foreign representative offices, so that they can serve as the first point of contact in the country of origin and provide support at local level throughout the (post-) sales process with regard to participation in or appearance at the trade fair/event, including visa matters, support before and after the trade fair/event (legal basis: Arts. 6, 7, 9, 35 and 36 LFPDP).

When users post comments on Messe Berlin websites, these can be accessed by all website visitors worldwide (legal basis: Arts. 6, 7 and 9 LFPDP).

On some websites of Messe Berlin, services and functions of third parties may be integrated in the form of external links. These links are marked. When users use these offers (legal basis: Arts. 6, 7 and 95 and 36 LFPDP), they leave the Messe Berlin website and are redirected to the website of the respective third party, which may use its own cookies and tracking technologies. These third parties process the data as controllers within the meaning of the LFPDP. For more information, please refer to the data protection and cookie notices of the respective third party.

In order to carry out certain processing activities in connection with the purposes mentioned in section 3 (in particular some special services, shipping/mailings, market research/customer surveys, hosting and IT support, website and content management, data management), external service providers are used which process the personal data on behalf of Messe Berlin (“person in charge” as defined in Art. 2 XII LFPDP) (legal basis: Arts. 2 XII, 6, 7, and 9 LFPDP).

Personal data may be transferred to authorities and public bodies if Messe Berlin is legally obliged to do so, whether on the basis of laws and regulations (e.g., as part of supervisory authority procedures or by court order, resolution, judgment and the like) (legal basis: Arts. 6, 7, 9, 35 and 36 LFPDP). For compliance with tax and commercial laws and regulations, personal data are disclosed to the tax and other competent authorities and public institutions.

The categories of recipients of the personal data also include courts and lawyers in the context of litigation, legal disputes and for the purpose of legal advice and furthermore auditors (legal basis: Arts. 6, 7, 9, 35 and 36 LFPDP.

  • For further information, see any specific separate data protection notices and the information on cookies and tracking technologies here: https://itb-americas.com/cookies/

5. Data transfer

Some of the foreign representatives, companies of the Messe Berlin group of companies, processors and third-party providers of social media and social media channels, cookies and tracking technologies are located in third countries outside Mexico, which may or may not provide the same level of data protection as Mexico, in particular due to the absence of a legal framework, independent supervisory authorities or data protection rights and remedies. Such transfer would only be made if necessary and whenever the related recipient party is obliged to the same level of protection as the controller.

With regard to the transfer of data to companies of the Messe Berlin group of companies and other website visitors or users, the transfer of data to third countries is necessary for the performance of the contract (Arts. 6, 7, 9, 35 and 36 LFPDP); otherwise, it takes place on the basis of explicit consent of the users despite the lack of adequate data protection in the third countries outside Mexico and the associated risks (Arts. 6, 7, 9, 35 and 36 LFPDP).

Your personal data may be transferred to third parties, provided that such transfer is related to the purposes referred to in the preceding section. Your personal data may be processed by third parties within or outside the national territory, provided that such transfers are necessary and are related to the purposes that have been disclosed to you. Such transfers include, without limitation, Instituto Mexicano del Seguro Social, Secretaría de Hacienda y Crédito Público, insurance companies, financial institutions, the Company’s internal and external auditors who monitor the quality of the services provided, as well as authorities that so require in accordance with applicable law.

  • For further information, see any specific separate data protection notices and the information on cookies and tracking technologies here: https://itb-americas.com/cookies/

6. Storage period

Stored personal data will be erased once they are no longer needed for achieving the relevant purpose of their processing. If users unsubscribe from the newsletter, the data stored for this purpose will be deleted. The comments and the associated data (e.g., IP address) remain on the websites of Messe Berlin until the commented content has been completely deleted or the comments have to be deleted for legal reasons (e.g., offensive comments).

Insofar as processing is based on consent or on the basis of the legitimate interest of Messe Berlin or a company of the Messe Berlin group of companies, the data in question will no longer be processed for the associated purpose after receipt of the withdrawal of consent or receipt of the objection and, if applicable, will be deleted, unless there are legal exceptions to this rule. Irrespective of this, data with regard to which there are obligations to retain data under commercial or tax law will only be deleted after expiry of the statutory periods (generally 6 or 10 years).

  • For further information, see any specific separate data protection notices and the information on cookies and tracking technologies here: https://itb-americas.com/cookies/

7. Data protection rights (ARCO Rights)

To exercise the following rights, data subjects can contact the controller at any time (contact details see section 1 above). Pursuant article 28 LFPDP, to exercise ARCO Rights, data subjects must send a request to the controller including the following information:

  1. Name, address and email to receive notices and answers relate to his/her request.
  2. If applicable, evidence of the identity of the data subject, and/or its representative.
  3. Clear, concise and precise description of the data related to his/her request.
  4. Description of the right to be exercise.
  5. Any other element that may facilitate the localization of the related data.

Rights of the data subjects pursuant to Arts. 21-34 LFPDP: the right to access about personal data, the right to rectification, erasure as well as to opposition of processing. If consent has been given, this can be withdrawn at any time with effect for the future.

Rights of objection

Insofar as the processing is based on the legal basis of legitimate interest (Art. 6 and 7 LFPDP) (see section 3 above), the data subject has the right to object to the processing of personal data at any time on grounds relating to the particular situation of the data subject.

Furthermore, an objection to the processing and use of the data for advertising purposes can be lodged at any time with effect for the future. The newsletters also include an unsubscribe link.

8. Options and means offered to limit and protect the process and transfer of data.

Messe Berlin implements various security measures to safeguard personal data, including restricted access to physical and electronic databases; confidentiality undertakings assumed, in accordance with the Company’s internal policies, with respect to all information to which individuals providing services to the Controller have access in the performance of their duties; confidentiality clauses with our suppliers; security systems; locked files with restricted access; and confidentiality and liability agreements with third parties who receive personal data as a result of transfers that are necessary for, or related to, the purposes set out in Section 3. In addition, data update campaigns are carried out in order to cleanse the databases and to comply with the data quality principle, as reflected in LFPDP.

If data subjects are of the opinion that the data processing violates data protection law, they have the right to lodge a complaint with the competent supervisory authority (Secretaría Anticorrupción y Buen Gobierno) (Arts. 38-57 LFPDP).

9. CHANGES TO THE PRIVACY NOTICE

Any changes to this Privacy Notice or to the purposes for the processing of the personal data you have provided to us will be communicated to you through reasonable means, such as email if applicable, as well as by publication on this website.