privacy policy
general data protection regulation
This data protection declaration explains to you the type, scope and
purpose of the processing of personal data (hereinafter referred to as
"data") within our online offer and the associated websites,
functions and contents as well as external online presences, e.g. our
social media profile (hereinafter jointly referred to as "online
offer"). With regard to the terms used, such as "processing" or
"person responsible", we refer to the definitions in Art. 4 of the
General Data Protection Regulation (GDPR).
responsible person
tonage apps
Straßmannstr. 25
10249 Berlin, Deutschland
E-Mail: apps@tonage.de
managing director / owner: Danny Schwohl
link to imprint: https://tonage.de/apps/sleepfest/contact.php?lang=en
types of data processed:
- inventory data (e.g. names, addresses)
- contact data (e.g. e-mail, telephone numbers)
- content data (e.g. text entries, photographs, videos)
- usage data (e.g. visited websites, interest in content,
access times)
- meta/communication data (e.g., device information, IP
addresses)
categories of persons concerned
Visitors and users of the online offer (hereinafter referred to as
"users").
purpose of processing
- provision of the online offer, its functions and contents
-
response to contact requests and communication with users
- security
measures
- range measurement/marketing
terms used
"personal data" means any information relating to an identified or
identifiable natural person (hereinafter referred to as "data
subject"); an identifiable natural person is one who can be identified,
directly or indirectly, in particular by assignment to an identifier
such as a name, an identification number, location data, an online
identifier (e.g. cookie) or to one or more special features that
express the physical, physiological, genetic, psychological, economic,
cultural or social identity of that natural person.
"processing" means any operation or series of operations carried out
with or without the aid of automated procedures in connection with
personal data. The term goes a long way and covers practically every
handling of data.
"pseudonymisation" means the processing of personal data in such a way
that the personal data can no longer be attributed to a specific data
subject without the use of additional information, provided that this
additional information is kept separately and is subject to technical
and organisational measures to ensure that the personal data are not
attributed to an identified or identifiable natural person.
"profiling" means any automated processing of personal data consisting
in the use of such personal data to evaluate certain personal aspects
relating to a natural person, in particular to analyse or predict
aspects relating to the work performance, economic situation, health,
personal preferences, interests, reliability, behaviour, location or
relocation of that natural person.
„responsible person" means the natural or legal person, authority,
institution or other body that alone or together with others decides on
the purposes and means of processing personal data.
"processor" means a natural or legal person, authority, institution or
other body processing personal data on behalf of the controller.
applicable legal bases
In accordance with Art. 13 GDPR, we inform you of the legal basis of
our data processing. If the legal basis is not mentioned in the data
protection declaration, the following applies: The legal basis for
obtaining consents is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal
basis for processing for the performance of our services and
performance of contractual measures as well as for answering inquiries
is Art. 6 para. 1 lit. b GDPR, the legal basis for processing to fulfil
our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal
basis for processing to protect our legitimate interests is Art. 6
para. 1 lit. f GDPR. In the event that the vital interests of the data
subject or another natural person require the processing of personal
data, Article 6(1)(d) GDPR serves as the legal basis.
safety precautions
We take appropriate technical and organisational measures to ensure a
level of protection appropriate to the risk, taking into account the
state of the art, implementation costs and the nature, scope,
circumstances and purposes of processing as well as the different
probability of occurrence and severity of the risk to the rights and
freedoms of natural persons, in accordance with Art. 32 GDPR.Measures
include in particular ensuring the confidentiality, integrity and
availability of data by controlling physical access to the data, as
well as access, input, sharing, ensuring availability and its
separation. Furthermore, we have established procedures to ensure the
exercise of rights of data subjects, deletion of data and reaction to
endangerment of data. Furthermore, we already consider the protection
of personal data during the development or selection of hardware,
software and procedures, in accordance with the principle of data
protection through technology design and data protection-friendly
presettings (Art. 25 GDPR).
cooperation with contract processors and third parties
If we disclose data to other persons and companies (contract processors
or third parties) within the scope of our processing, transmit it to
them or otherwise grant them access to the data, this shall only take
place on the basis of a legal permission (e.g. if a transmission of the
data to third parties, such as payment service providers, in accordance
with Art. 6 Para. 1 lit. b GDPR for contract fulfilment is necessary),
if you have consented, if a legal obligation provides for this or on
the basis of our legitimate interests (e.g. when using agents, web
hosts, etc.). If we commission third parties with the processing of
data on the basis of a so-called "order processing contract", this is
done on the basis of Art. 28 GDPR.
transfers to third countries
If we process data in a third country (i.e. outside the European Union
(EU) or the European Economic Area (EEA)) or if this occurs in the
context of the use of third-party services or disclosure or transfer of
data to third parties, this only takes place if it occurs for the
fulfilment of our (pre)contractual obligations, on the basis of your
consent, on the basis of a legal obligation or on the basis of our
legitimate interests. Subject to legal or contractual permissions, we
process or leave the data in a third country only if the special
requirements of Art. 44 ff. Process GDPR. This means, for example,
processing is carried out on the basis of special guarantees, such as
the officially recognised determination of a data protection level
corresponding to the EU (e.g. for the USA by the "Privacy Shield") or
compliance with officially recognised special contractual obligations
(so-called "standard contractual clauses").
rights of data subjects
You have the right to request confirmation as to whether the data
concerned are being processed and to request information about these
data as well as further information and a copy of the data in
accordance with Art. 15 GDPR. You have correspondingly. In
accordance with Article 16 of the GDPR, you have the right to request
the completion of data concerning you or the correction of inaccurate
data concerning you.In accordance with Art. 17 GDPR, you have the right
to demand that the data in question be deleted immediately or,
alternatively, to demand a restriction on the processing of the data in
accordance with Art. 18 GDPR. You have the right to request
that the data concerning you that you have provided to us be received
in accordance with Art. 20 GDPR and to request its transmission to
other persons responsible. In accordance with Art. 77 GDPR, they also
have the right to file a complaint with the competent supervisory
authority.
right of revocation
You have the right to revoke consents granted pursuant to Art. 7 para.
3 GDPR with effect for the future.
right of objection
You can object to the future processing of the data concerning you in
accordance with Art. 21 GDPR at any time. The objection may be lodged
in particular against processing for direct marketing purposes.
cookies and right of objection in direct advertising
"Cookies" are small files that are stored on the user`s computer.
Different data can be stored within the cookies. A cookie is primarily
used to store information about a user (or the device on which the
cookie is stored) during or after his or her visit to an online offer.
Temporary cookies, or "session cookies" or "transient cookies", are
cookies that are deleted after a user leaves an online offer and closes
his browser. In such a cookie, for example, the content of a shopping
basket in an online shop or a login status can be stored. Cookies are
referred to as "permanent" or "persistent" and remain stored even after
the browser is closed. For example, the login status can be saved when
users visit it after several days. Likewise, the interests of users
used for range measurement or marketing purposes may be stored in such
a cookie. Third-party cookies" are cookies that are offered by
providers other than the person responsible for operating the online
offer (otherwise, if they are only its cookies, they are referred to as
"first-party cookies").
We may use temporary cookies and clarify this in our privacy policy. If users do
not want cookies to be stored on their computer, they are asked to
deactivate the corresponding option in the system settings of their
browser. Stored cookies can be deleted in the system settings of the
browser. The exclusion of cookies can lead to functional restrictions
of this online offer.A general objection to the use of cookies used for
online marketing purposes can be declared for a large number of
services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by
deactivating them in the browser settings. Please note that in this
case not all functions of this online offer can be used.
deletion of data
The data processed by us will be deleted or their processing restricted
in accordance with Articles 17 and 18 GDPR. Unless expressly stated in
this data protection declaration, the data stored by us will be deleted
as soon as it is no longer required for its intended purpose and the
deletion does not conflict with any statutory storage obligations. If
the data are not deleted because they are necessary for other and
legally permissible purposes, their processing is restricted. This
means that the data is blocked and not processed for other purposes.
This applies, for example, to data that must be retained for commercial
or tax reasons. According to legal requirements in
Germany, the storage is carried out in particular for 10 years in
accordance with §§ 147 para. 1 AO, 257 para. 1 no. 1 and 4, para. 4 HGB
(books, records, management reports, accounting documents, trading
books, documents relevant for taxation, etc.) and 6 years in accordance
with § 257 para. 1 no. 2 and 3, para. 4 HGB (commercial letters). In
accordance with legal requirements in Austria, storage shall be
effected in particular for 7 years in accordance with § 132 (1) BAO
(accounting documents, receipts/invoices, accounts, receipts, business
papers, statement of income and expenses, etc.), for 22 years in
connection with real estate and for 10 years for documents in
connection with electronically provided services, telecommunications,
radio and television services which are provided to non-entrepreneurs
in EU member states and for which the Mini-One-Stop-Shop (MOSS) is
used.
administration, financial accounting, office organization, contact
management
We process data within the framework of administrative tasks as well as
the organisation of our company, financial accounting and compliance
with legal obligations, e.g. archiving. We process the same data that
we process in the course of providing our contractual services. The
processing bases are Art. 6 para. 1 lit. c. GDPR, Art. 6 para. 1 lit.
f. GDPR. Customers, prospects, business partners and website visitors
are affected by the processing. The purpose and our interest in the
processing lies in the administration, financial accounting, office
organization, archiving of data, thus tasks which serve the maintenance
of our business activities, perception of our tasks and provision of
our services. The deletion of the data with regard to contractual
services and contractual communication corresponds to the information
provided in these processing activities.We disclose or transmit data to
the tax authorities, consultants such as tax consultants or auditors,
as well as other fee offices and payment service providers. Furthermore, we store information on suppliers, event organisers and
other business partners on the basis of our business interests, e.g.
for the purpose of making contact at a later date. We store this data,
which is mainly company-related, permanently.
contacting
When contacting us (e.g. via contact form, e-mail, telephone or social
media), the user`s details for processing the contact enquiry and its
processing pursuant to Art. 6 para. 1 letter b. (in the context of
contractual/pre-contractual relationships), Art. 6 para. 1 lit. f.
(other requests) GDPR. User information can be stored in a customer
relationship management system ("CRM system") or comparable request
organization.
We delete the requests if they are no longer
necessary. We review this requirement every two years; the statutory
archiving obligations also apply.
hosting and e-mail dispatch
The hosting services we use serve to provide the following services:
Infrastructure and platform services, computing capacity, storage space
and database services, e-mail delivery, security services and technical
maintenance services that we use for the purpose of operating this
online offer. Here we and our hosting provider process inventory data,
contact data, content data, contract data, usage data, meta and
communication data of customers, interested parties and visitors to
this online offer on the basis of our legitimate interests in an
efficient and secure provision of this online offer in accordance with
Art. 6 Para. 1 lit. f GDPR in conjunction with. Art. 28 GDPR
(conclusion of order processing contract).
collection of access data and log files
We, or our hosting provider, collect the following data on the basis of
our legitimate interests within the meaning of Art. 6 para. 1 lit. f.
GDPR data on each access to the server on which this service is located
(so-called server log files). Access data includes the name of the
accessed website, file, date and time of access, transferred data
volume, notification of successful access, browser type and version,
the user`s operating system, referrer URL (the previously visited
page), IP address and the requesting provider.
Log file
information is stored for a maximum of 7 days and then deleted for
security reasons (e.g. to investigate misuse or fraud). Data whose
further storage is required for evidentiary purposes are excluded from
deletion until the respective incident has been finally
clarified.
If our website is accessed with the "Do-Not-Track" function activated,
this data is written to a separate log file that is anonymized on a
daily basis (deletion of the last 6 digits of the IP address).
range measurement with Matomo
Within the scope of Matomo`s range analysis, based on our legitimate
interests (i.e. interest in the analysis, optimization and economic
operation of our online offer within the meaning of Art. 6 para. 1 lit.
f. GDPR) processes the following data: the browser type and version you
use, the operating system you use, your country of origin, date and
time of the server request, the number of visits, your time spent on
the website and the external links you click. The IP address of the
users is anonymized before it is stored.
The data required for this is created exclusively from the log files
that already exist when using the website. Users who visit the site
with the so-called "Do-Not-Track" setting of their browser activated
are excluded from this.
created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke
