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1) Information about the collection of personal data and contact details

1.1. We are pleased that you are visiting our website. In the following we will inform you about the handling of your personal data when you use our website. Personal data are all data that allow you to be personally identified.

1.2. The responsible within the meaning of the General Data Protection Regulation (GDPR) for data processing on this website is:

Berlin Tourismus & Kongress GmbH
Schöneberger Straße 15 
10963 Berlin
Germany

Tel: +49 (0)30 25 00 23 33  Fax: +49 (0)30 25 00 24 24
Email: hallo [at] visitBerlin.de

Responsible for the processing of personal data is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data.

1.3. The responsible has appointed a data protection officer for this website, who can be contacted as follows:

TÜV Rheinland i-sec GmbH,  Mr. Oliver Gröger, Alboinstraße 56, 12103 Berlin

1.4. This website uses SSL and/or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the person responsible). You can recognise an encrypted connection by the character string "https://" and the lock symbol in your browser bar.

2) Data collection when you visit our website

When you use our website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called "server log files"). When you call up our website, we collect the following data that are technically necessary for us to display the website to you:

- our website which was visited
- date and time of access
- volume of data sent, in byte
- source/link from which you accessed the page
- browser used
- operating system used
- IP address used (in some cases: made anonymous)

Processing is carried out in accordance with Art. 6 (1) letter f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files at a later date if there are any concrete indications of illegal use.

3) Cookies

In order to make visits to our website more attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and enable us or our partner companies (cookies from third parties) to recognise your browser on your next visit (persistent cookies). If cookies are set, they collect and process specific user information such as browser and location data as well as IP address values to varying degrees. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. In some cases, cookies are used to simplify the ordering process by saving settings (e.g. remembering the contents of a virtual shopping basket for a later visit to the website). If personal data are also processed by individual cookies implemented by us, the processing is carried out in accordance with Art. 6 (1) letter b GDPR either for the execution of the contract or in accordance with Art. 6 (1) letter f GDPR in order to safeguard our legitimate interest in the website's best possible functionality and a customer-friendly and effective design of the visit to the site.

We may work with advertising partners to help us make our website more interesting for you. To this end, cookies from partner companies (third-party cookies) will also be stored on your hard disk in this case when you visit our website. When we cooperate with the aforementioned advertising partners, you will be informed individually and separately about the use of such cookies and the extent of the information collected in each case in the following paragraphs.
Please note that you can set your browser in such a way that you are informed about the setting of cookies and can decide individually about their acceptance, or exclude the acceptance of cookies in certain cases or in general. Each browser is different in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You will find such information for the respective browsers under the following links:

Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Chrome: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en
Safari: https://support.apple.com/safari
Opera: http://help.opera.com/Windows/11.50/en/cookies.html

Please note that the functionality of our website may be restricted if cookies are not accepted.

4) Contacting us

Personal data is collected when contacting us (e.g. via contact form or e-mail). Which data is collected in the case of a contact form can be seen from the respective contact form. These data are stored and used exclusively for the purpose of answering your request or for contacting you and the related technical administration. The legal basis for the processing of this data is our legitimate interest in answering your request in accordance with Art. 6 para. 1 lit. f DSGVO. If your contact is aimed at the conclusion of a contract, an additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO. Your data will be deleted after final processing of your request. This is the case if it can be deduced from the circumstances that the matter in question has been conclusively clarified and provided that there are no legal storage obligations to the contrary.

5) Use of customer data for direct marketing purposes

5.1 Registration for our e-mail newsletter
If you register for our e-mail newsletter, we will send you regular information about our offers. Your e-mail address is the only mandatory information for sending the newsletter. The provision of further data is voluntary and is used to address you personally. We use the so-called double opt-in procedure for sending the newsletter. This means that we will only send you an e-mail newsletter if you have expressly confirmed that you agree to receive newsletters. We will then send you a confirmation e-mail asking you to click on a link to confirm that you wish to receive the newsletter in the future.
By activating the confirmation link, you give us your consent for the use of your personal data in accordance with Art. 6 Par. 1 lit. a DSGVO. When you register for the newsletter, we save your IP address entered by your Internet Service Provider (ISP) as well as the date and time of registration in order to be able to trace possible misuse of your e-mail address at a later date. The data collected by us when you register for the newsletter will be used exclusively for the purpose of advertising in the newsletter. You can unsubscribe from the newsletter at any time using the link provided for this purpose in the newsletter or by sending a message to the person responsible mentioned at the beginning. Once you have cancelled your subscription, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use your data for other purposes that are legally permitted and about which we inform you in this declaration.

5.2 Newsletter dispatch via Optimizely GmbH
Our e-mail newsletters are sent via the technical service provider Optimizely GmbH Wallstraße 59, 10179 Berlin ("Optimizely"), to whom we pass on the data you provided when registering for the newsletter. This transfer takes place in accordance with Art. 6 para. 1 lit. f of the GDPR and serves our legitimate interest in using an effective advertising, secure and user-friendly newsletter system. The data you enter for the purpose of receiving the newsletter (e.g. e-mail address) is stored on Optimizely servers in the EU.
Optimizely GmbH uses this information to send and statistically evaluate the newsletter on our behalf. For the evaluation, the e-mails sent contain web beacons or tracking pixels, which are single-pixel image files that are stored on our website or web content of the e-mail. This makes it possible to determine whether a newsletter message has been opened. Through tracking, technical information is collected (e.g. time of retrieval, IP address, browser type and operating system). The data is only collected pseudonymously and is not linked to your other personal data. A direct reference to an individual person is excluded. This data is used exclusively for the statistical analysis of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of the recipients.

If you wish to object to data analysis for personalised evaluation purposes, you can do so within the e-mail sent to you. If you wish to object to the data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.
We have concluded an order processing agreement with Optimizely, with which we oblige Optimizely to protect our customers' data and not to pass it on to third parties.
You can view Optimizely privacy policy here:
https://www.optimizely.com/legal/privacy-notice/ 

5.3 Advertising by letter post
On the basis of our justified interest in personalized direct advertising, we reserve the right to store your first and last name, your postal address and - insofar as we have received this additional information from you within the scope of the contractual relationship - your title, academic degree, year of birth and your professional, industry or business designation in accordance with Art. 6 Para. 1 letter f DSGVO and to use this information to send you interesting offers and information on our products by post.
You can object to the storage and use of your data for this purpose at any time by sending a corresponding message to the person responsible.

6) Online-Marketing

6.1 Google AdSense
On our website, we use Google AdSense, a web advertising service Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google") after your consent. Google AdSense uses so-called cookies, which are text files placed on your computer, to help the website analyze how users use the site. In addition, Google AdSense also uses so-called "web beacons" (small invisible graphics) to collect information, through the use of which simple actions such as visitor traffic on the website can be recorded, collected and analyzed. The information generated by the cookie and / or web beacon (including your IP address) about your use of this website is usually transmitted to a Google server and stored there. This may also result in a transmission to the servers of Google LLC. in the USA.

Google uses the information obtained in this way to perform an evaluation of your usage behavior with regard to the AdSense ads. The IP address transmitted by your browser as part of Google AdSense will not be merged with other data from Google. The information collected by Google may be transferred to third parties if this is required by law and/ or if third parties process this data on behalf of Google.

The described processing of data is carried out in accordance with Art. 6 (1) lit. f DSGVO for the purpose of targeted advertising addressing of the user by advertising third parties, whose ads are displayed on this website based on the evaluated user behavior. This processing also serves our financial interest in exploiting the economic potential of our website by displaying personalized third-party advertising content in return for payment.
You can obtain more information about Google's privacy policy at the following Internet address: https://policies.google.com/privacy?gl=de&hl=en 

You can permanently disable cookies for ad preferences by preventing them by setting your browser software accordingly or you can download and install the browser plug-in available at the following link: https://support.google.com/My-Ad-Center-Help/answer/12155656 

Please note that certain functions of this website may not be available or may only be available to a limited extent if you have deactivated the use of cookies.

As far as legally required, we have obtained your consent for the processing of your data as described above in accordance with Art. 6 (1) lit. a DSGVO. You can revoke your consent at any time with effect for the future. To exercise your revocation, deactivate this service in the "Consent Tool" provided on the website or alternatively, follow the option described above to make an objection.

6.2 Use of Google Ads Conversion tracking
On our website, we use the online advertising program "Google Ads" and, within the framework of Google Ads, the conversion tracking of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google") after your consent. We use the offer of Google Ads to draw attention to our attractive offers with the help of advertising media (so-called Google Adwords) on external websites. We can determine how successful the individual advertising measures are in relation to the data of the advertising campaigns. In this way, we pursue the aim of displaying advertising that is of interest to you, making our website more interesting for you and achieving a fair calculation of the advertising costs incurred.

The cookie for conversion tracking is set when a user clicks on an ad placed by Google Ads. Cookies are small text files that are stored on your terminal device. These cookies usually lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of this website and the cookie has not yet expired, Google and we can recognize that the user clicked on the ad and was redirected to this page. Each Google Ads customer receives a different cookie. Cookies can therefore not be tracked across Google Ads customers' websites. The information obtained using the conversion cookie is used to create conversion statistics for Google Ads customers who have opted in to conversion tracking. The customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive information that personally identifies users. If you do not wish to participate in the tracking, you can block this use by deactivating the Google conversion tracking cookie via your Internet browser under the keyword "User settings". You will then not be included in the conversion tracking statistics. We use Google Ads based on our legitimate interest in targeted advertising pursuant to Art. 6 (1) lit. f DSGVO. The use of Google Ads may also result in the transmission of personal data to the servers of Google LLC. in the USA.

You can obtain more information about Google's privacy policy at the following Internet address: https://policies.google.com/privacy?gl=de&hl=en 

You can permanently object to the setting of cookies by Google Ads conversion tracking by downloading and installing the Google browser plug-in available at the following link: https://support.google.com/My-Ad-Center-Help/answer/12155656 

Please note that certain functions of this website may not be available or may be restricted if you have deactivated the use of cookies.

As far as legally required, we have obtained your consent for the processing of your data as described above in accordance with Art. 6 para. 1 lit. a DSGVO. You can revoke your consent at any time with effect for the future. To exercise your revocation, deactivate this service in the "Consent Tool" provided on the website or alternatively, follow the option described above to make an objection.

6.3 Google Tag Manager
This website uses the Google Tag Manager. Through this service, website tags can be managed via an interface. The Google Tag Manager itself does not set cookies, but only tags and does not collect any personal data. The service triggers other tags, which in turn may collect data. However, Google Tag Manager does not access this data. If a deactivation has been made at the domain or cookie level, this remains in place for all tracking tags that are implemented with Google Tag Manager.

7) Web Analytics Services

7.1 Google Analytics 4
This website uses Google Analytics 4, a service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"), which can be used to analyze the use of websites.
When using Google Analytics 4, so-called "cookies" are used as standard. Cookies are text files that are stored on your terminal device and enable an analysis of your use of a website. The information collected by cookies about your use of the website (including the IP address transmitted by your terminal device, shortened by the last digits, see below) is usually transmitted to a Google server and stored and processed there. This may also result in the transmission of information to the servers of Google LLC, which is based in the USA, and further processing of the information there.

When using Google Analytics 4, the IP address transmitted by your terminal device when you use the website is always collected and processed by default and automatically only in an anonymized manner, so that a direct personal reference of the collected information is excluded. This automatic anonymization is carried out by shortening the IP address transmitted by your terminal device by Google within member states of the European Union (EU) or other contracting states of the Agreement on the European Economic Area (EEA) by the last digits.

On our behalf, Google uses this and other information to evaluate your use of the website, to compile reports about your website activities or your usage behavior and to provide us with other services related to your website and internet usage. In this context, the IP address transmitted and shortened by your terminal device within the scope of Google Analytics 4 will not be merged with other data from Google. The data collected in the context of the use of Google Analytics 4 will be stored for 2 months and then deleted.

Google Analytics 4 also enables the creation of statistics with statements about the age, gender and interests of website users on the basis of an evaluation of interest-based advertising and with the involvement of third-party information via a special function known as "demographic characteristics". This makes it possible to determine and distinguish user groups of the website for the purpose of targeting marketing measures. However, data collected via the "demographic characteristics" cannot be assigned to a specific person and thus not to you personally. This data collected via the "demographic characteristics" function is retained for two months and then deleted.

All processing described above, in particular the setting of Google Analytics cookies for the storage and reading of information on the terminal device used by you for the use of the website, will only take place if you have given us your express consent for this in accordance with Art. 6 (1) lit. a DSGVO. Without your consent, Google Analytics 4 will not be used during your use of the website. You can revoke your consent once given at any time with effect for the future. To exercise your revocation, please deactivate this service via the "Cookie Consent Tool" provided on the website.

In connection with this website, the Google Signals service is also used as an extension of Google Analytics 4. With Google Signals, we can have Google create cross-device reports (so-called "cross-device tracking"). If you have activated "personalized ads" in your Google account settings and linked your Internet-enabled end devices to your Google account, Google can analyze usage behavior across devices and create database models based on this if you have given your consent to the use of Google Analytics 4 in accordance with Art. 6 (1) a DSGVO. The logins and device types of all website users who were logged into a Google account and executed a conversion are taken into account. The data shows, among other things, on which device you clicked on an ad for the first time and on which device the relevant conversion took place. We do not receive any personal data from Google in this regard, but only statistics compiled on the basis of Google Signals. You have the option of deactivating the "personalized ads" function in the settings of your Google account and thus turning off the cross-device analysis in connection with Google Signals. To do this, follow the instructions on this page: https://support.google.com/My-Ad-Center-Help/answer/12155764

You can find more information about Google Signals at the following link: https://support.google.com/analytics/answer/7532985 
 
We have concluded a so-called order processing agreement with Google for our use of Google Analytics 4, which obliges Google to protect the data of our website users and not to pass it on to third parties.

To ensure compliance with the European level of data protection also in the event of any transfer of data from the EU or the EEA to the USA and possible further processing there, Google refers to the so-called standard contractual clauses of the European Commission, which we have contractually agreed with Google.

Further legal information on Google Analytics 4, including a copy of the aforementioned standard contractual clauses, can be found at the following link: https://policies.google.com/privacy?hl=en-GB&gl=de  

Details about the processing triggered by Google Analytics 4 and Google's handling of data from websites can be found here: https://policies.google.com/technologies/partner-sites?hl=en-GB  

7.2 Matomo (formerly Piwik)
This website uses the web analysis software of Matomo (www.matomo.org), a service of InnoCraft Ltd., 150 Willis St, 6011 Wellington, New Zealand, ("Matomo") to collect and store data on the basis of our legitimate interest in statistical analysis of user behaviour for purposes of optimisation and marketing in accordance with Art. 6 (1) letter f GDPR. Pseudonymous user profiles can be created and evaluated from these data for the same purpose. Cookies may be used for this. Cookies are small text files that are stored locally in the cache of the website visitor's Internet browser. Among other things, the cookies make it possible for the Internet browser to be recognised. The data collected with Matomo technology (including your pseudonymised IP address) are processed on our servers.

The information generated by the cookie in the pseudonymous user profile is not used to personally identify the website visitor and is not combined with personal data about the bearer of the pseudonym.

If you do not agree to the storage and evaluation of these data on your visit, you can object to their storage and use at any time by clicking on the following link. In this case, a so-called opt-out cookie will be stored in your browser, which means that Matomo will not collect any session data. Please note that a complete deletion of your cookies will result in the opt-out cookie also being deleted and possibly having to be activated again by you.

Insofar as legally required, we have obtained your consent for the processing of your data as described above in accordance with Art. 6 para. 1 lit. a DSGVO. You can revoke your consent at any time with effect for the future. In order to exercise your revocation, please follow the procedure described above for making an objection.

8) Tools

Google Maps
On our website we use Google Maps (API) from Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). Google Maps is a web service for displaying interactive (land) maps to visually present geographical information. By using this service, our location will be displayed to you and any approach will be made easier.

When you access the sub-pages in which the Google Maps map is integrated, information about your use of our website (such as your IP address) is transmitted to Google's servers and stored there; this may also involve transmission to the servers of Google LLC. in the USA. This happens regardless of whether Google provides a user account through which you are logged in or whether a user account exists. If you are logged in at Google, your data will be assigned directly to your account. If you do not want the assignment with your profile at Google, you have to log out before activating the button. Google stores your data (even for users who are not logged in) as user profiles and evaluates them. The collection, storage and evaluation are carried out in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of the legitimate interest of Google in the insertion of personalized advertising, market research and/or the needs-based design of Google websites. You have a right of objection to the creation of these user profiles, whereby you must contact Google to exercise this right. If you do not agree with the future transmission of your data to Google in the context of the use of Google Maps, there is also the possibility of completely deactivating the Google Maps web service by switching off the JavaScript application in your browser. Google Maps and thus the map display on this website cannot then be used.

You can view Google's terms of use at https://www.google.de/intl/de/policies/terms/regional.html. The additional terms of use for Google Maps can be found at https://www.google.com/intl/de_US/help/terms_maps.html.

Detailed information on data protection in connection with the use of Google Maps can be found on the Google website ("Google Privacy Policy"): https://www.google.de/intl/de/policies/privacy/

Insofar as legally required, we have obtained your consent for the processing of your data as described above in accordance with Art. 6 para. 1 lit. a DSGVO. You can revoke your consent at any time with effect for the future. In order to exercise your revocation, please follow the procedure described above for making an objection.

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9) Rights of the data subject

9.1 The current data protection law grants you comprehensive data subject rights (rights of access and intervention) as regards the processing of your personal data vis-à-vis the controller, about which we inform you below:

- Right of access pursuant to Art. 15 GDPR:
In particular, you have a right to information about your personal data processed by us, the purposes of the processing, the categories of the personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the envisaged storage period or the criteria for determining the storage period, the existence of a right to rectification, erasure, restriction of processing or objection to the processing, of a right to complain to a supervisory authority, about the source of your data, if these were not collected from you by us, the existence of automated decision-making including profiling and, if required, meaningful information about the logic involved and the extent to which you are concerned and the envisaged consequences of such processing, as well as your right to be informed of any safeguards which exist pursuant to Art. 46 GDPR in the event of the transfer of your data to third countries;

- Right to rectification pursuant to Art. 16 GDPR:
You have a right to immediate rectification of any inaccurate data concerning you and/or completion of any incomplete data concerning you stored by us;

- Right to erasure pursuant to Art. 17 GDPR:
You have the right to demand the erasure of your personal data if the requirements of Art. 17 (1) GDPR are met. This right does not, however, exist especially if the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims;

- Right to restriction of processing pursuant to Art. 18 GDPR:
You have the right to demand the restriction of the processing of your personal data for as long as the contested accuracy of your data is being verified, or if the processing is unlawful and you oppose the erasure of your data and instead request the restriction of their use, or if we are no longer in need of this data for the purposes of the processing but you require your data for the establishment, exercise or defence of legal claims, or if you have filed an objection on grounds relating to your particular situation, for as long as it is not yet clear whether our legitimate reasons prevail;

- Right to information pursuant to Art. 19 GDPR:
If you have exercised your right to have the data controller rectify or erase your personal data or restrict the processing, he shall be obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed of these recipients;

- Right to data portability pursuant to Art. 20 GDPR:
You have the right to receive the personal data you have provided to us in a structured, commonly used and machine-readable format or to demand their transfer to another controller, where technically feasible;

- Right of withdrawal of consent pursuant to Art. 7 (3) GDPR:
You have the right to withdraw your consent to the processing of data at any time with effect for the future. In the event of withdrawal we will delete the relevant data without delay, unless further processing can take place on a legal basis which allows processing without consent. The withdrawal of consent shall not affect the lawfulness of the processing carried out on the basis of the consent up to the withdrawal;

- Right to complain pursuant to Art. 77 GDPR:
If you believe that the processing of personal data concerning you infringes the GDPR, you have the right to complain to a supervisory authority, in particular in the member state where you reside or work or the place where the alleged infringement occurred, without prejudice to any other administrative or judicial remedy.

9.2 RIGHT OF OBJECTION
If, in the course of balancing interests, we should process your personal data on the basis of our overriding legitimate interest, you will have the right to object at any time to this processing with future effect on grounds relating to your particular situation. If you exercise your right of objection, we will stop processing the data concerned. However, we reserve the right to continue processing if we can prove that there are compelling reasons worthy of protection for the processing, which override your interests, fundamental rights and freedoms, or if the processing serves the establishment, exercise or defence of legal claims. If we process your personal data for direct advertising purposes, you will have the right to object at any time to the processing of personal data concerning you for such advertising purposes. You may raise the objection as described above. If you exercise your right of objection, we will stop processing the relevant data for direct advertising purposes.

10) Duration of storage of personal data

The duration of the storage of personal data is determined by the respective legal basis, the purpose of processing and - if relevant - additionally by the respective legal retention period (e.g. retention periods under commercial and tax law).
When personal data is processed on the basis of an explicit consent pursuant to Art. 6 para. 1 letter a GDPR, this data is stored until the person concerned revokes his or her consent.

If there are legal retention periods for data which are processed within the scope of legal or similar obligations on the basis of Art. 6 Para. 1 letter b GDPR these data are routinely deleted after expiry of the retention periods, provided that they are no longer required for the performance of the contract or the initiation of the contract and/or we have no justified interest in their further storage.

When personal data are processed on the basis of Art. 6 Para. 1 letter f GDPR, these data are stored until the person concerned exercises his or her right to object in accordance with Art. 21 Para. 1 GDPR, unless we can prove compelling reasons for processing worthy of protection which outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims.

In the case of processing of personal data for the purpose of direct advertising on the basis of Art. 6 para. 1 letter f GDPR, these data are stored until the person concerned exercises his or her right to object in accordance with Art. 21 para. 2 GDPR.

Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.

Copyright © 2021, IT-Recht-Kanzlei, Alter Messeplatz 2, 80339 München, Tel: +49 (0)89 / 130 1433 0 Fax: +49 (0)89 / 130 1433 – 60

Stand: November 2023

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