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/sleepfester/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.

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