Privacy Policy and Declaration for Data Protection

As of 23. August 2023

1 The protection of your personal data is a central concern for tapio

We are very pleased about your interest in our company. Data protection is of a particularly high priority for the management of tapio GmbH. The use of the Internet pages of the tapio GmbH is possible without any indication of personal data. However, if a data subject wants to use special services of our enterprise via our website, processing of personal data could become necessary. If processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the country-specific data protection regulations applicable to the tapio GmbH. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.

As the controller, the tapio GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always be subject to security vulnerabilities, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

>>>> Obligations to inform under article 13 GDPR

2 Definition of terms

The data protection declaration of tapio GmbH is based on the terms used by the European Directive and Ordinance when issuing the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

In this data protection declaration, we use, among others the following terms:

  • Personal data: Personal data means any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

  • Data Subject: Data subject is any identified or identifiable natural person whose personal data are processed by the controller.

  • Processing: Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

  • Restriction of processing: Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

  • Profiling: Profiling is any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person’s job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.

  • Pseudonymization: Pseudonymization is 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 such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

  • Controller or person responsible for the processing: The controller is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.

  • Processor: Processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the Controller.

  • Recipient: Recipient means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.

  • Third Party: Third Party means any natural or legal person, public authority, agency or other body other than the Data Subject, the Controller, the Processor and the persons who are authorized to process the Personal Data under the direct responsibility of the Controller or the Processor.

  • Consent: Consent means any freely given indication of the data subject’s wishes for the specific case in an informed and unambiguous manner, in the form of a statement or any other unambiguous affirmative act by which the data subject signifies that he or she consents to the processing of personal data relating to him or her.

3 Name and address of the controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

tapio GmbH
Karl-Berner-Straße 4
72285 Pfalzgrafenweiler
Germany
E-Mail: info@tapio.one
Website: www.tapio.one

4 Name and address of the data protection officer

The data protection officer of the controller Controller is:

Norbert Mensak
tapio GmbH
Karl-Berner-Straße 4
72285 Pfalzgrafenweiler
Germany
E-Mail: norbert.mensak@tapio.one
Website: www.tapio.one

Any data subject may contact our data protection officer directly at any time with any questions or suggestions regarding data protection.

5 Cookies

The Internet pages of tapio GmbH use cookies. Cookies are text files that are stored on a computer system via an Internet browser. Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

Through the use of cookies, the tapio GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized for the user. Cookies enable us, as already mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter his or her access data each time he or she visits the website, because this is handled by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in an online store. The online store uses a cookie to remember the items that a customer has placed in the virtual shopping cart.

The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

Our pages use different types of cookies:

5.1 Login

5.1.1 Required by Azure AD B2C (Domain: login.mytapio.one)

name necessary purpose
x-ms-cpim-trans yes Used for tracking the number of authentication requests to Azure AD B2C and the current transaction.
x-ms-cpim-sso:{Id} yes Used for maintaining the SSO session (HOMAG Extranet sign in).
x-ms-cpim-cache:{id}_n yes Used for maintaining the request state.
x-ms-cpim-csrf yes Cross-Site Request Forgery token used for CRSF protection.
x-ms-cpim-rc yes Used for storing the relay cookie.
x-ms-cpim-admin yes Holds user membership data across tenants. Level of membership is Admin or User.
x-ms-cpim-slice yes Used to route requests to the appropriate production instance.
x-ms-cpim-dc yes Used for Azure AD B2C network routing.
x-ms-cpim-ctx yes Context.
x-ms-cpim-rp yes Used for storing membership data for the resource provider tenant.

See https://learn.microsoft.com/en-us/azure/active-directory-b2c/cookie-definitions#cookies

5.1.2 MSAL.js

We use MSAL.js to implement the login on client-side.

name necessary purpose
authority Yes, if Internet Explorer is used. See https://github.com/AzureAD/microsoft-authentication-library-for-js
acquireToken.account Yes, if Internet Explorer is used. See https://github.com/AzureAD/microsoft-authentication-library-for-js
session.state Yes, if Internet Explorer is used. See https://github.com/AzureAD/microsoft-authentication-library-for-js
request.state Yes, if Internet Explorer is used. See https://github.com/AzureAD/microsoft-authentication-library-for-js
nonce.id_token Yes, if Internet Explorer is used. See https://github.com/AzureAD/microsoft-authentication-library-for-js
request.origin Yes, if Internet Explorer is used. See https://github.com/AzureAD/microsoft-authentication-library-for-js
token.renew.status Yes, if Internet Explorer is used. See https://github.com/AzureAD/microsoft-authentication-library-for-js
urlHash Yes, if Internet Explorer is used. See https://github.com/AzureAD/microsoft-authentication-library-for-js
request.params Yes, if Internet Explorer is used. See https://github.com/AzureAD/microsoft-authentication-library-for-js
scopes Yes, if Internet Explorer is used. See https://github.com/AzureAD/microsoft-authentication-library-for-js
interaction.status Yes, if Internet Explorer is used. See https://github.com/AzureAD/microsoft-authentication-library-for-js
ccs.credential Yes, if Internet Explorer is used. See https://github.com/AzureAD/microsoft-authentication-library-for-js
request.correlationId Yes, if Internet Explorer is used. See https://github.com/AzureAD/microsoft-authentication-library-for-js
request.native Yes, if Internet Explorer is used. See https://github.com/AzureAD/microsoft-authentication-library-for-js
request.redirect.context Yes, if Internet Explorer is used. See https://github.com/AzureAD/microsoft-authentication-library-for-js

5.1.3 HOMAG Extranet Login (Domain: federation.homag.de)

name necessary purpose
ApplicationGatewayAffinity yes Contains the session details.
ApplicationGatewayAffinityCORS yes In addition to ApplicationGatewayAffinity, so that sticky sessions are maintained even for requests that are of different origins.

5.2 ServiceBoard (Domain: serviceboard.tapio.one)

See MSAL.js.

5.3 Twinio (Domain: twinio.tapio.one and office.tapio.one)

See MSAL.js.

5.4 My tapio (Domain: my.tapio.one)

name necessary purpose
x-ms-routing-name yes Used in Azure to route a user to a deployment slot.
TiPMix yes Used in Azure to link a user session to a deployment slot.

5.5 CBCommerce (Domain: customerportal.tapio.one)

name necessary purpose
JSESSIONID yes Send to client at creating of session to preserve user states across page requests.
CookieConsent yes Stores the user’s cookie consent state for the current domain.
KEYCLOAK_LOCALE yes Preserves user locale across page requests to show localized versions.
KC_RESTART yes Encoded token to restart an authentication session if there is a client timeout.
KEYCLOAK_SESSION yes Contains the session ID associated to the concerned realm.
KEYCLOAK_IDENTITY yes Contains a JSON Web Token with the user IDs.
AUTH_SESSION_ID yes Preserves user states across page requests.
device-tag yes Needed for protection from online attacks
refreshContext  apsRefreshContext yes Needed to correctly render the current page in case of refresh page (contains specific parameters for refresh)
refreshURL yes Needed to correctly render current page in case of refresh page (contains specific url for refresh)
pac4jCsrfToken yes Token for CRSF protection.

For browsers that ignore cookies with SameSite=None the following cookies are set again without the SameSite attribute: KEYCLOAK_SESSION_LEGACY, KEYCLOAK_IDENTITY_LEGACY, AUTH_SESSION_ID_LEGACY

The Keycloak cookie Oauth_token_request_state may also be used to avoid hacking of the redirect link after login.

5.6 CloudConnector UI (Domain: localhost)

Does not use any cookie.

5.7 MachineBoard (Domain: machineboard.tapio.one)

See MSAL.js.

6 HTML5 Storage

We use HTML5 local storage technology for our website. During a visit to our website, small files are sent from our web server to the visitor’s browser, which then stores them on the visitor’s computer for later retrieval. When returning to a previously visited page of our website, this small file can then be used to retrieve the previously visited page. If the visitor does not want this storage of files, he can remove these files by deleting the browser history. The legal basis for the processing using HTML5 local storage is Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest is to provide the visitor with the full functionality of our website in a user-friendly way.

7 Content management system (CMS)

For our website we also use the services of

Contentful GmbH
Ritterstraße 12 - 14
10969 Berlin

Contentful is a content management system (CMS) hosted in the cloud (AWS). The CMS stores all the content and documents that are displayed on the website. When you access the website, the system also accesses the Contentful server, but Contentful does not store any user data in the log file.

The legal basis for the use of the CMS is our legitimate interest (Art. 6 para. 1 lit f DSGVO). Contentful ensures that our online offers are presented optimally for our users.

For more information on the purpose and scope of data collection and its processing by Contentful, please visit the provider’s website at https://www.contentful.com and their privacy policy at https://www.contentful.com/legal/privacy-at-contentful/privacy-notice/.

8 Collection of general data and information

The website of the tapio GmbH collects a series of general data and information with each call-up of the website by a data subject or automated system. This general data and information is stored in the log files of the server. The following can be recorded 1. browser types and versions used, 2. the operating system used by the accessing system, 3. the website from which an accessing system arrives at our website (so-called referrer), 4. the sub-websites that are accessed via an accessing system on our website, 5. the date and time of an access to the Internet site, 6. an Internet protocol address (IP address), 7. the Internet service provider of the accessing system and 8. other similar data and information that serve to avert danger in the event of attacks on our information technology systems. When using these general data and information, the tapio GmbH does not draw any conclusions about the data subject. Rather, this information is needed in order to: 1. correctly deliver the contents of our website, 2. optimize the content of our website as well as the advertising for it, 3. ensure the long-term functionality of our information technology systems and the technology of our website, and 4. to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, the tapio GmbH analyzes anonymously collected data and information on one hand, and on the other hand, with the aim of increasing the data protection and data security of our enterprise so that we can ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.

9 Registration on our website

The data subject has the opportunity to register on the website of the controller by providing personal data. Which personal data are transmitted to the controller in the process results from the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the data to be transferred to one or more processors, for example a parcel service provider, who will also use the personal data exclusively for an internal use attributable to the controller.

By registering on the website of the controller, the IP address assigned by the Internet service provider (ISP) of the data subject, the date and the time of registration are also stored. The storage of this data takes place against the background that only in this way can the misuse of our services be prevented and, if necessary, this data makes it possible to clarify crimes that have been committed. In this respect, the storage of this data is necessary for the protection of the data controller. As a matter of principle, this data is not passed on to third parties, unless there is a legal obligation to pass it on or the passing on serves the purpose of criminal prosecution.

The registration of the data subject by voluntarily providing personal data serves the purpose of the controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have it completely deleted from the data stock of the controller.

The controller shall provide any data subject at any time, upon request, with information about what personal data is stored about the data subject. Furthermore, the controller shall correct or delete personal data at the request or indication of the data subject, provided that this does not conflict with any statutory retention obligations. The entire staff of the controller shall be available to the data subject as contact persons in this context.

10 Subscription to our newsletter

10.1 General

We send newsletters, e-mails and other electronic notifications (hereinafter referred to as “newsletter”) only with the consent of the recipients or a legal permission. Insofar as the contents of the Newsletter are specifically described in the context of a subscription, they shall be decisive for the consent of the users. Otherwise, our newsletters contain information about our services and us. In order to subscribe to our newsletters, it is generally sufficient to provide your e-mail address. However, we may ask you to provide a name, for the purpose of a personal address in the newsletter, or further information, if this is necessary for the purposes of the newsletter.

Notes on legal basis: The newsletter is sent on the basis of the recipients’ consent or, if consent is not required, on the basis of our legitimate interests in direct marketing, if and to the extent that this is permitted by law, e.g. in the case of existing customer advertising. Insofar as we commission service providers to send e-mails to them, this is done on the basis of our legitimate interests in efficient and secure dispatch. The registration process is recorded on the basis of our legitimate interests to prove that it was carried out in accordance with the law.

Double opt-in procedure: The registration for our newsletter is basically carried out in a so-called double opt-in procedure. I.e., after registration you will receive an e-mail in which you are asked to confirm your registration. This confirmation is necessary so that no one can register with other e-mail addresses. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time. Likewise, changes to your data stored with the dispatch service provider are logged.

Deletion and restriction of processing: We may store unsubscribed email addresses for up to three years based on our legitimate interests before deleting them to be able to prove consent formerly given. The processing of this data will be limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the former existence of consent is confirmed at the same time. In the case of obligations to permanently observe objections, we reserve the right to store the e-mail address in a block list (so-called “block list”) for this purpose alone. The logging of the registration process takes place on the basis of our legitimate interests for the purpose of proving its proper course. Insofar as we commission a service provider to send e-mails, this is done on the basis of our legitimate interests in an efficient and secure sending system.

Contents: Information about us, our services, promotions and offers.

Types of data processed: * Inventory data (e.g., names, addresses). * Contact data (e.g., e-mail, phone numbers). * Meta/communication data (e.g., device information). * Usage data (e.g., websites visited, interest in content, access times).

Data subjects: * Communication partners * Users (e.g., website visitors, users of online services).

Purposes of processing: * Direct marketing (by e-mai). * Reach measurement (e.g. access statistics) * Conversion measurement (measurement of the effectiveness of marketing measures) * Profiles with user-related information (creation of user profiles).

Legal basis: * Consent (Art. 6 para. 1 p. 1 lit. a. DSGVO). * Legitimate interests (Art. 6 para. 1 p. 1 lit. f. DSGVO)

If cookies or cookie-like technologies are used in the context of data processing, the storage of information in the end user’s terminal equipment or the access to information already stored in the end user’s terminal equipment is carried out in accordance with Section 25 (1) TTDSG in conjunction with Article 6 (1) a DSGVO and the further data processing in accordance with Article 6 (1) DSGVO.

If the use of cookies is technically absolutely necessary, this will be carried out on the basis of § 25 para. 2 TTDSG and the further data processing according to Art. 6 para. 1 DSGVO.

10.2 Possibility to object (Opt-Out)

You can cancel the receipt of our newsletter at any time, i.e. revoke your consent or object to further receipt. You will find a link to cancel the newsletter either at the end of each newsletter or you can otherwise use one of the above contact options, preferably e-mail, for this purpose.

10.3 Further information on processing procedures, methods and services

Measurement of opening and click-through rates: The newsletters contain a so-called “web beacon”, i.e., a pixel-sized file that is retrieved from our server or, if we use a shipping service provider, from its server when the newsletter is opened. In the course of this retrieval, technical information, such as information about the browser and your system, as well as the time of the retrieval, is initially collected. This information is used for the technical improvement of our newsletter based on the technical data or the target groups and their reading behavior or access times. This analysis also includes determining whether the newsletters are opened, when they are opened and which links are clicked. This information is presented anonymously and is not assigned to specific newsletter recipients. A collection and processing of complete IP addresses or cookies does not take place. The evaluations serve us to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users. The measurement of opening rates and click-through rates as well as the storage of the measurement results and their further processing are based on user consent. A separate revocation of the performance measurement is unfortunately not possible, in this case the entire newsletter subscription must be cancelled, or it must be contradicted.

10.4 Newsletter dispatch with “CleverReach”

The dispatch of the newsletter is carried out by means of “CleverReach”, a newsletter dispatch platform of the provider:

CleverReach GmbH & Co. KG
Schafjückenweg 2
26180 Rastede
Germany

The email addresses of our newsletter recipients, as well as their other data described in this notice, are stored on CleverReach’s servers in the EU. CleverReach uses this information to send and evaluate the newsletters on our behalf. Furthermore, according to its own information, CleverReach may use this data to optimize or improve its own services, e.g. for the technical optimization of the dispatch and the presentation of the newsletters or for economic purposes to determine from which countries the recipients come. However, CleverReach does not use the data of our newsletter recipients to address them itself or to pass them on to third parties.

We trust in the reliability and IT and data security of CleverReach. CleverReach has been certified with the “Data Protection and Data Security” seal of approval by TÜV Rheinland and is thus committed to ensuring excellent data security and flawless compliance with data protection. Furthermore, we have concluded a contract with CleverReach for the order processing of personal data. You can view CleverReach’s privacy policy here.

11 Routine erasure and blocking of personal data

The controller shall process and store personal data of the data subject only for the period of time necessary to achieve the purpose of the storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.

If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Maker or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

12 Data protection in applications and in the application process

The controller collects and processes the personal data of applicants for the purpose of handling the application procedure. The processing may also take place electronically. This is particularly the case if an applicant submits relevant application documents to the controller by electronic means, for example by e-mail or via a web form located on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller conflict with such deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).

13 Video conferencing, online meetings, webinars and screen sharing

We use platforms and applications of other providers (hereinafter referred to as “conference platforms”) for the purpose of conducting video and audio conferences, webinars and other types of video and audio meetings (hereinafter collectively referred to as “conference”). When selecting the conference platforms and their services, we observe the legal requirements.

Data processed by conference platforms: In the context of participation in a conference, the conference platforms process the personal data of the participants mentioned below. The scope of the processing depends, on the one hand, on which data is requested in the context of a specific conference (e.g., provision of access data or clear names) and which optional information is provided by the participants. In addition to processing for the purpose of conducting the conference, participants’ data may also be processed by the conference platforms for security purposes or service optimization. The processed data includes personal data (first name, last name), contact information (e-mail address, telephone number), access data (access codes or passwords), profile pictures, information on professional position/function, the IP address of the Internet access, information on the participants’ terminal devices, their operating system, the browser and its technical and language settings, information on the content of communications, i.e. entries in chats and audio and video data, as well as the use of other available functions (e.g. surveys). Content of communications is encrypted to the extent technically provided by the conference providers. If participants are registered as users with the conference platforms, then further data may be processed in accordance with the agreement with the respective conference provider.

Logging and recordings: If text entries, participation results (e.g., from surveys), and video or audio recordings are logged, this will be transparently communicated to the participants in advance and they will be asked for consent - if necessary.

Participants’ data protection measures: Please note the details of the processing of your data by the conference platforms in their data protection notices and select the security and data protection settings that are optimal for you within the framework of the conference platforms’ settings. Furthermore, please ensure data and privacy protection in the background of your recording for the duration of a videoconference (e.g., by notifying roommates, locking doors, and using the background obscuring function, if technically possible). Links to the conference rooms as well as access data, may not be passed on to unauthorized third parties.

  • Notes on legal bases: If, in addition to the conference platforms, we also process users’ data and ask users for their consent to use the conference platforms or certain functions (e.g. consent to a recording of conferences), the legal basis of the processing is this consent. Furthermore, our processing may be necessary for the fulfillment of our contractual obligations (e.g. in lists of participants, in the case of reprocessing of call results, etc.). Otherwise, user data is processed on the basis of our legitimate interests in efficient and secure communication with our communication partners.

  • Types of data processed: Inventory data (e.g., names, addresses); contact data (e.g., e-mail, telephone numbers); content data (e.g., entries in online forms); usage data (e.g., websites visited, interest in content, access times); meta/communication data (e.g., device information, IP addresses); payment data (e.g., bank details, invoices, payment history); contractual data (e.g., subject matter of the contract, term, customer category). e.g., device information, IP addresses); payment data (e.g., bank details, invoices, payment history); contract data (e.g., subject matter of contract, term, customer category); image and/or video recordings (e.g., photographs or video recordings of a person).

  • Data subjects: Communication partners; users (e.g., website visitors, users of online services); business and contractual partners.

  • Purposes of processing: Provision of contractual services and customer service; contact requests and communication; office and organizational procedures; security measures; provision of our online services and user experience.

  • Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a. GDPR); Contract performance and pre-contractual requests (Art. 6 para. 1 p. 1 lit. b. GDPR); Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR).

Further notes on processing procedures, methods and Services:

14 Privacy policy on the use and application of Facebook

The controller has integrated components of the company Facebook on this website. Facebook is a social network.

A social network is a social meeting place operated on the Internet, an online community that generally allows users to communicate with each other and interact in virtual space. A social network can serve as a platform for sharing opinions and experiences or enables the Internet community to provide personal or company-related information. Among other things, Facebook enables users of the social network to create private profiles, upload photos and network via friend requests.

The operating company of Facebook is

Facebook Inc.
1 Hacker Way
Menlo Park
CA 94025
USA

The controller of personal data, if a data subject lives outside the U.S. or Canada, is.

Facebook Ireland Ltd.
4 Grand Canal Square
Grand Canal Harbour
Dublin 2
Ireland

The data policy published by Facebook, which can be accessed at https://www.facebook.com/privacy/policy/, provides information about the collection, processing and use of personal data by Facebook. It also explains which setting options Facebook offers to protect the privacy of the data subject. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the data subject to suppress data transmission to Facebook.

15 Privacy policy on the use and application of Instagram

The controller has integrated components of the service Instagram on this website. Instagram is a service that qualifies as an audiovisual platform and allows users to share photos and videos and, moreover, to redistribute such data in other social networks.

The operating company of the Instagram services is the

Facebook Ireland Ltd.
4 Grand Canal Square
Grand Canal Harbour
Dublin 2
Ireland

Further information and the applicable privacy policy of Instagram can be found at https://www.instagram.com/about/legal/privacy/.

16 Privacy policy on the use and application of LinkedIn

The controller has integrated components of the LinkedIn Corporation on this website. LinkedIn is an Internet-based social network that enables users to connect with existing business contacts and to make new business contacts. Over 400 million registered individuals use LinkedIn in more than 200 countries. This makes LinkedIn currently the largest platform for business contacts and one of the most visited websites in the world.

The operating company of LinkedIn is the

LinkedIn Corporation
2029 Stierlin Court Mountain View
CA 94043
USA

For data protection matters outside the USA

LinkedIn Ireland
Privacy Policy Issues
Wilton Plaza
Wilton Place
Dublin 2
Ireland

is responsible.

LinkedIn provides the ability to unsubscribe from email messages, SMS messages, and targeted ads, as well as manage ad settings at https://www.linkedin.com/psettings/guest-controls.

LinkedIn also uses partners such as Quantcast, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua, and Lotame, which may set cookies. Such cookies can be rejected at https://www.linkedin.com/legal/cookie-policy.

LinkedIn’s applicable privacy policy is available at https://www.linkedin.com/legal/privacy-policy.

LinkedIn’s cookie policy is available at https://www.linkedin.com/legal/cookie-policy.

17 Privacy policy on the use and application of YouTube

The controller has integrated components of YouTube on this website. YouTube is an Internet video portal that allows video publishers to post video clips free of charge and other users to view, rate and comment on them, also free of charge. YouTube allows the publication of all types of videos, which is why complete film and TV shows, but also music videos, trailers or videos made by users themselves can be accessed via the Internet portal.

The operating company of YouTube is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

Each time one of the individual pages of this website operated by the data controller is called up and on which a YouTube component (YouTube video) has been integrated, the Internet browser on the information technology system of the data subject is automatically caused by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. Further information on YouTube can be found at https://about.youtube/. Within the scope of this technical procedure, YouTube and Google receive knowledge of which specific sub-page of our website is visited by the data subject.

If the data subject is logged into YouTube at the same time, YouTube recognizes which specific sub-page of our website the data subject is visiting when a sub-page containing a YouTube video is called up. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.

YouTube and Google always receive information via the YouTube component that the data subject has visited our website if the data subject is simultaneously logged into YouTube at the time of calling up our website; this takes place regardless of whether the data subject clicks on a YouTube video or not. If the data subject does not want this information to be transmitted to YouTube and Google, he or she can prevent the transmission by logging out of his or her YouTube account before accessing our website.

The data protection provisions published by YouTube, which can be accessed at https://policies.google.com/privacy, provide information about the collection, processing and use of personal data by YouTube and Google.

18 Rights of the data subject

18.1 Right to confirmation

Every data subject has the right, granted by the European Directive and Regulation, to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact any employee of the controller.

18.2 Right of access

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to obtain from the controller, at any time and free of charge, information about the personal data stored about him or her and a copy of that information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:

  • The purposes of processing: The categories of personal data processed The recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations If possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration The existence of a right to rectification or erasure of the personal data concerning him or her or to restriction of processing by the controller or a right to object to such processing.

  • The existence of a right of appeal to a supervisory authority if the personal data are not collected from the data subject: Any available information about the origin of the data The existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

  • Furthermore, the data subject has a right of access to whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer. If a data subject wishes to exercise this right of access, he or she may, at any time, contact an employee of the controller.

18.3 Right to rectification

Every person affected by the processing of personal data has the right granted by the European Directive and Regulation to demand the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data - also by means of a supplementary declaration - taking into account the purposes of the processing.

If a data subject wishes to exercise this right of rectification, he or she may, at any time, contact any employee of the controller.

18.4 Right to erasure (right to be forgotten)

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is not necessary:

  • The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.

  • The data subject withdraws his or her consent on which the processing was based pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR and there is no other legal basis for the processing

  • The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR

  • The personal data have been processed unlawfully

  • The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject. The personal data has been collected in relation to information society services offered pursuant to Article 8(1) GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to arrange for the erasure of personal data stored by the tapio GmbH, he or she may, at any time, contact any employee of the controller. The employee of tapio GmbH will arrange for the deletion request to be complied with immediately.

If the personal data was made public by tapio GmbH and our company is responsible pursuant to Art. 17 Para. 1 GDPR, tapio GmbH shall implement reasonable measures, including technical measures, to monitor the available technology and the cost of implementation in order to inform other data controllers that process the published personal data that the data subject has requested from those other data controllers to erase all links to or copies or replications of the personal data, unless the processing is necessary. The employee of the tapio GmbH will arrange the necessary in individual cases.

18.5 Right to restriction of processing

Any person concerned by the processing of personal data shall have the right, granted by the European Directive and Regulation-maker, to obtain from the controller the restriction of processing if one of the following conditions is met:

  • The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.

  • The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.

  • The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the establishment, exercise or defense of legal claims.

  • The data subject has objected to the processing pursuant to Article 21 (1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the tapio GmbH, he or she may, at any time, contact any employee of the controller. The employee of the tapio GmbH will arrange the restriction of the processing.

18.6 Right to data portability

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, when exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to obtain that the personal data be transferred directly from one controller to another controller, where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.

In order to assert the right to data portability, the data subject may at any time contact any employee of the tapio GmbH.

18.7 Right to object

Any data subject concerned by the processing of personal data has the right, granted by the European Directives and Regulations, to object at any time, on grounds relating to his or her particular situation, to processing of personal data concerning him or her carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.

The tapio GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims. If the tapio GmbH processes personal data for the purposes of direct marketing, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to profiling, insofar as it is related to such direct marketing. If the data subject objects to tapio GmbH to the processing for direct marketing purposes, tapio GmbH will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by the tapio GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation (GDPR), unless such processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may directly contact any employee of the tapio GmbH or another employee. The data subject is also free to exercise his/her right to object by means of automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.

18.8 Automated decisions in individual cases including profiling

Any data subject concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject and that law contains suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is made with the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the data controller, or (2) it is made with the data subject’s explicit consent, the tapio GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include at least the right to obtain the data subject’s involvement on the part of the controller, to express his or her point of view and to contest the decision.

If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.

Every data subject affected by the processing of personal data has the right, granted by the European Directive and Regulation Maker, to withdraw consent to the processing of personal data at any time. If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact any employee of the controller.

19 Legal basis of processing

Article 6 I lit. a GDPR serves as the legal basis for our company for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for a delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation by which a processing of personal data becomes necessary, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR.

Finally, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, Sentence 2 GDPR).

20 Legitimate interests in the processing pursued by the controller or a third party

If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our employees and our shareholders.

21 Duration for which the personal data are stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data will be routinely deleted, provided that they are no longer required for the performance of the contract or the initiation of the contract.

22 Legal or contractual requirements to provide the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

We inform you that the provision of personal data is sometimes required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner).

Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.

Before providing personal data by the data subject, the data subject must contact one of our employees. Our employee will explain to the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.

23 Existence of automated decision-making

As a responsible company, we do not use automated decision-making or profiling.

This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the External Data Protection Officer Bremen, in cooperation with the lawyer for data protection law Christian Solmecke.

24 Contact person for data protection

Norbert Mensak
Phone: +49 7443 13 2405
E-mail: norbert.mensak@tapio.one

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