Privacy

In accordance with the legal requirements of data protection law (in particular in accordance with BDSG n.F. and the European Data Protection Regulation ‘DSGVO’), we inform you below about the nature, scope and purpose of the processing of personal data by our company. This privacy policy also applies to our websites and social media profiles. Regarding the definition of terms such as “personal data” or “processing”, we refer to Art. 4 DS-GVO.

Name and contact details of the responsible person(s)

Our responsible person(s) (hereinafter “responsible person”) within the meaning of Art. 4 fig. 7 DS-GVO is:

Dtale GmbH

Feldstraße 6

46535 Dinslaken, Germany

Managing Director Mark David Bubacz

Commercial Register/No.: HRB 31769

Register court: Duisburg

E-mail address: contact@dtale.media

Types of data, purposes of processing and categories of data subjects

In the following, we inform you about the type, scope and purpose of the collection, processing and use of personal data.

1. Types of data we process

Usage data (access times, websites visited, etc.), contact data (telephone number, e-mail, fax, etc.), communication data (IP address, etc.),

2. Purposes of processing according to Art. 13 (1) c) DS-GVO.

Optimize website technically and economically, provide easy access to the website, Optimization and statistical analysis of our services, improve user experience, make website user-friendly, Marketing / sales / advertising, Avoid SPAM and abuse, Provide websites with functions and content, Security measures, Uninterrupted, secure operation of our website,

3. Categories of data subjects according to Art. 13 para. 1 e) DS-GVO

Visitors/users of the website,

The data subjects are collectively referred to as “users”.

Legal basis for the processing of personal data

Below we inform you about the legal basis for the processing of personal data:

  1. If we have obtained your consent for the processing of personal data, Article 6 (1) p. 1 lit. a) DS-GVO is the legal basis.
  2. If the processing is necessary for the performance of a contract or for the implementation of pre-contractual measures, which are carried out at your request, Art. 6 (1) S. 1 lit. b) DS-GVO is the legal basis.
  3. If the processing is necessary for the fulfillment of a legal obligation to which we are subject (e.g. legal retention obligations), Art. 6 (1) p. 1 lit. c) DS-GVO is the legal basis.
  4. If the processing is necessary to protect vital interests of the data subject or another natural person, Art. 6 (1) p. 1 lit. d) DS-GVO is the legal basis.
  5. If the processing is necessary to protect our or a third party’s legitimate interests and your interests or fundamental rights and freedoms do not override this, Art. 6 (1) S. 1 lit. f) DS-GVO is the legal basis.

Disclosure of personal data to third parties and order processors

As a matter of principle, we do not pass on any data to third parties without your consent. If this should nevertheless be the case, then the disclosure takes place on the basis of the previously mentioned legal grounds, e.g. in the case of the disclosure of data to online payment providers for the fulfillment of contracts or due to a court order or because of a legal obligation to hand over the data for the purpose of criminal prosecution, to avert danger or to enforce intellectual property rights.

We also use processors (external service providers, e.g. for web hosting of our websites and databases) to process your data. If data is passed on to the processors as part of a contract processing agreement, this is always done in accordance with Art. 28 DS-GVO. In doing so, we carefully select our processors, regularly monitor them and have been granted a right to issue instructions regarding the data. In addition, the processors must have taken appropriate technical and organizational measures and comply with the data protection regulations according to BDSG n.F. and DS-GVO.

Data transfer to third countries

The adoption of the European General Data Protection Regulation (GDPR) has created a uniform basis for data protection in Europe. Your data is therefore predominantly processed by companies to which DS-GVO applies. If, however, processing is carried out by services of third parties outside the European Union or the European Economic Area, these must meet the special requirements of Art. 44 et seq. DS-GVO. This means that the processing takes place on the basis of special guarantees, such as the officially recognized determination by the EU Commission of a level of data protection corresponding to the EU or the observance of officially recognized special contractual obligations, the so-called “standard contractual clauses”. In the case of U.S. companies, submission to the so-called “Privacy Shield,” the data protection agreement between the EU and the U.S., fulfills these requirements.

Deletion of data and storage period

Unless expressly stated in this data protection declaration, your personal data will be deleted or blocked as soon as the purpose for storing it no longer applies, unless its further storage is necessary for evidence purposes or is contrary to legal storage obligations. This includes, for example, retention obligations under commercial law for business letters in accordance with Section 257 (1) of the German Commercial Code (HGB) (6 years) and retention obligations under tax law for receipts in accordance with Section 147 (1) of the German Fiscal Code (AO) (10 years). If the prescribed retention period expires, your data will be blocked or deleted, unless the storage is still necessary for the conclusion or fulfillment of a contract.

Existence of automated decision making

We do not use automated decision-making or profiling.

Provision of our website and creation of log files

If you only use our website for informational purposes (i.e. no registration and no other transmission of information), we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data:

  • IP address;
  • Internet service provider of the user;
  • Date and time of access;
  • Browser type;
  • Language and browser version;
  • Content of the retrieval;
  • Time zone;
  • Access status/HTTP status code;
  • Amount of data;
  • Websites from which the request came;
  • Operating system.

A storage of this data together with other personal data of you does not take place.

This data is used for the purpose of user-friendly, functional and secure delivery of our website to you with functions and content as well as its optimization and statistical evaluation.

The legal basis for this is our legitimate interest in data processing, which also lies in the above purposes, according to Art. 6 para. 1 p.1 lit. f) DS-GVO.

For security reasons, we store this data in server log files for a storage period of days. After this period, they are automatically deleted, unless we need to keep them for evidence purposes in the event of attacks on the server infrastructure or other legal violations.

Cookies

  1. We use so-called cookies when you visit our website. Cookies are small text files that your Internet browser places and stores on your computer. When you visit our website again, these cookies provide information to automatically recognize you. The information obtained in this way serves the purpose of technically and economically optimizing our web offers and providing you with easier and more secure access to our website. When you access our website, we will inform you by means of a reference to our data protection declaration about the use of cookies for the aforementioned purposes and how you can object to this or prevent their storage (“opt-out”). Our website uses session cookies, persistent cookies and third-party cookies: Session cookies: We use so-called cookies to recognize multiple use of an offer by the same user (e.g. if you have logged in to determine your login status). When you visit our site again, these cookies provide information to automatically recognize you. The information thus obtained is used to optimize our offers and to provide you with easier access to our site. When you close the browser or you log out, the session cookies are deleted. Persistent cookies: these are automatically deleted after a specified duration, which may vary depending on the cookie. You can delete the cookies at any time in the security settings of your browser. Third-party cookies: According to your preferences, you can configure your browser settings and, for example, refuse to accept third-party cookies or all cookies. However, we would like to point out at this point that you may then not be able to use all the functions of this website. Read more about these cookies in the respective privacy statements of the third-party providers.
  2. The legal basis for this processing is Art. 6 para. 1 p. lit. b) DS-GVO if the cookies are set to initiate a contract, e.g. for orders, and otherwise we have a legitimate interest in the effective functionality of the website, so that in this case Art. 6 para. 1 p. 1 lit. f) DS-GVO is the legal basis.
  3. Objection and “Opt-Out”: You can generally prevent cookies from being stored on your hard drive by selecting “do not accept cookies” in your browser settings. However, this may result in a functional restriction of our offers. You can object to the use of cookies from third-party providers for advertising purposes via a so-called “opt-out” via this American website (https://optout.aboutads.info) or this European website (http://www.youronlinechoices.com/de/praferenzmanagement/).
  4. To manage the cookies and similar technologies used (tracking pixels, web beacons, etc.) and related consents, we use the consent tool “Real Cookie Banner”. Details on how “Real Cookie Banner” works can be found at https://devowl.io/rcb/data-processing.

    The legal bases for the processing of personal data in this context are Art. 6 (1) lit. c GDPR and Art. 6 (1) lit. f GDPR. Our legitimate interest is the management of the cookies and similar technologies used and the related consents.

    The provision of the personal data is not yet contractually required and is also not necessary for the conclusion of a contract. You are not obliged to provide the personal data. If you do not provide the personal data, we will not be able to manage your consents.

Contacting us via contact form / e-mail / fax / mail

  1. When contacting us via contact form, fax, mail or e-mail, your information will be processed for the purpose of handling the contact request.
  2. The legal basis for the processing of the data is, if you have given your consent, Art. 6 para. 1 p. 1 lit. a) DS-GVO. The legal basis for the processing of data transmitted in the course of a contact request or e-mail, letter or fax is Art. 6 para. 1 p. 1 lit. f) DS-GVO. The responsible party has a legitimate interest in processing and storing the data in order to be able to answer users’ inquiries, to preserve evidence for liability reasons and, if necessary, to be able to comply with its statutory retention obligations for business letters. If the contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 p. 1 lit. b) DS-GVO.
  3. We may store your information and contact request in our customer relationship management system (“CRM system”) or a comparable system.
  4. The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with you has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified. We store inquiries from users who have an account or contract with us until two years after termination of the contract. In the case of legal archiving obligations, deletion takes place after their expiry: end of commercial law (6 years) and tax law (10 years) retention obligation.
  5. You have the option at any time to revoke your consent to the processing of personal data pursuant to Art. 6 (1) p. 1 lit. a) DS-GVO. If you contact us by e-mail, you can object to the storage of personal data at any time.

Google Analytics

  1. We have integrated the website analysis tool “Google Analytics” (Google Ireland Limited, Reg. No.: 368047, Gordon House, Barrow Street, Dublin 4, Ireland) on our website.
  2. When you visit our website, Google places a cookie on your computer in order to analyze your use of our website. The data obtained is transferred to the USA and stored there. If personal data should be transferred to the USA, Google’s certification in accordance with the Privacy Shield Agreement (https://www.privacyshield.gov/EU-US-Framework) provides a guarantee that European data protection law is complied with.
  3. We have activated the IP anonymization “anonymizeIP”, which means that the IP addresses are only processed in a shortened form. On this website, your IP address is therefore shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the responsible party. We have also activated the cross-device analysis of website visitors, which is carried out via a so-called user ID. The IP address transmitted by your browser as part of Google Analytics is not merged with other data from Google. The use of Google Analytics serves the purpose of analyzing, optimizing and improving our website.
  4. The legal basis for this is our legitimate interest in data processing, which also lies in the above purposes, in accordance with Art. 6 (1) p.1 lit. f) DS-GVO.
  5. The data sent by us and linked to cookies, user IDs (e.g. user ID) or advertising IDs are automatically deleted after 12 months. The deletion of data whose retention period has been reached takes place automatically once a month.
  6. You can find more information about data usage at Google Analytics here: https://www.google.com/analytics/terms/de.html (Analytics Terms of Use), https://support.google.com/analytics/answer/6004245?hl=de (Analytics Privacy Notice) and Google’s privacy policy https://policies.google.com/privacy.
  7. Objection and “Opt-Out”: You can generally prevent cookies from being stored on your hard drive by selecting “do not accept cookies” in your browser settings. However, this may result in a functional restriction of our offers. You can also prevent the collection of data generated by the cookie and related to your use of the website to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
  8. As an alternative to the above browser plugin, you can prevent the collection by Google Analytics . The click will set an “opt-out” cookie that will prevent the collection of your data when visiting this website in the future. This cookie is only valid for our website and your current browser and will only last until you delete your cookies. In that case, you would need to set the cookie again.
  9. You can deactivate the cross-device user analysis in your Google account under “My data > personal data”.

Presence in social media

  1. We maintain profiles and fan pages in social media in order to communicate with the users connected and registered there and to provide information about our products, offers and services. The US providers are certified under the so-called Privacy Shield and are thus obliged to comply with European data protection. When you use and call up our profile in the respective network, the respective data protection information and terms of use of the respective network apply.
  2. We process the data you send us via these networks in order to communicate with you and to reply to your messages there.
  3. The legal basis for the processing of personal data is our legitimate interest in communicating with users and our external presentation for the purpose of advertising in accordance with Art. 6 (1) p. 1 lit. f) DS-GVO. Insofar as you have given the responsible party of the social network consent to the processing of your personal data, the legal basis is Art. 6 para. 1 p. 1 lit. a) and Art. 7 DS-GVO.
  4. The privacy notices, information options and objection options (opt-out) of the respective networks can be found here:- Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) – Privacy Policy: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active.- LinkedIn (LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland) – Privacy Policy: https://www.linkedin.com/legal/privacy-policy, Cookie Policy and Opt-Out: https://www.linkedin.com/legal/cookie-policy, Privacy Shield of the US company LinkedIn Inc.: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active.

Social media plug-ins

  1. We use social media plug-ins from social networks on our website. We use the so-called “two-click solution” hariff from c’t and heise.de. When our website is accessed, no personal data is transmitted to the providers of the plug-ins as a result. Next to the logo or brand of the social network, you will find a slider with which you can activate the plug-in by clicking on it. After activation, the provider of the social network receives the information that you have accessed our website and your personal data is transmitted to the provider of the plug-in and stored there. These are so-called third party cookies. According to some providers such as Facebook and XING, your IP is anonymized immediately after collection.
  2. The data collected about the user is stored by the plug-in provider as usage profiles. These are used for the purposes of advertising, market research and/or needs-based design of its website. Such an evaluation is carried out in particular (also for users who are not logged in) for the display of needs-based advertising and to inform other users of the social network about the user’s activities on our website. The user has a right to object to the creation of these user profiles, whereby one must contact the respective plug-in provider to exercise this right.
  3. The legal basis for the use of the plug-ins is our legitimate interest in improving and optimizing our website by increasing our visibility by means of social networks, as well as the possibility of interaction with you and users among themselves via social networks pursuant to Art. 6 para. 1 p.1 lit. f) DS-GVO.
  4. We have no influence on the collected data and data processing operations. We also have no knowledge of the scope of the data collection, the purpose of the processing and the storage periods. We also have no information on the deletion of the collected data by the plug-in provider.
  5. We refer to the respective data protection declarations of the social networks regarding the purpose and scope of data collection and processing. In addition, you will also find information there about your rights and setting options for the protection of your personal data.

Twitter

  1. We have integrated plug-ins from the social network Twitter.com (Twitter Inc., 1355 Market St., Suite 900, San Francisco, California 94103, USA) on our website as part of the so-called “two-click solution” from Shariff. You can recognize these plug-ins by the Twitter logo with a white bird on a blue background. You can find an overview of Twitter buttons or tweets at: https://developer.twitter.com/en/docs/twitter-for-websites/overview.
  2. If you are logged into your Twitter account while you voluntarily activate the Twitter plug-ins, Twitter can assign the call to our website to your Twitter profile. We do not know which data is transmitted to Twitter.
  3. If you want to exclude data transmission to Twitter when activating the plug-in, log out of Twitter before visiting our website and delete your cookies.
  4. The purpose and scope of the data collection and its further processing and use by Twitter, as well as your rights in this regard and settings options to protect your privacy, can be found in the privacy policy of Twitter: https://twitter.com/de/privacy. Objection (Opt-Out): https://twitter.com/personalization.
  5. Twitter has submitted to the Privacy Shield and thus ensures that European data protection law is complied with: https://www.privacyshield.gov/EU-US-Framework.

Rights of the data subject

  1. Objection or revocation to the processing of your data
    If the processing is based on your consent pursuant to Art. 6 (1) sentence 1 lit. a), Art. 7 DS-GVO, you have the right to revoke your consent at any time. This does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.Insofar as we base the processing of your personal data on the balance of interests pursuant to Art. 6 (1) S. 1 lit. f) DS-GVO, you may object to the processing. This is the case if the processing is not necessary, in particular, for the fulfillment of a contract with you, which is presented by us in each case in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the merits of the case and either discontinue or adjust the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing.

    You may object to the processing of your personal data for purposes of advertising and data analysis at any time. You can exercise the right to object free of charge. You can inform us of your advertising objection using the following contact details:

    Dtale GmbH
    Feldstraße, 6
    46535, Dinslaken, Germany
    Managing Director Mark David Bubacz
    Commercial Register/No.: HRB 31769
    Register court: Duisburg
    E-mail address: contact@dtale.media

  2. Right to information
    You have the right to request confirmation from us as to whether personal data relating to you is being processed. If this is the case, you have a right to information about your personal data stored by us in accordance with Art. 15 DS-GVO. This includes, in particular, information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the origin of your data if it has not been collected directly from you.
  3. Right to rectification
    You have a right to have incorrect data corrected or correct data completed in accordance with Art. 16 DS-GVO.
  4. Right to deletion
    You have a right to have your data stored by us deleted in accordance with Art. 17 DS-GVO, unless legal or contractual retention periods or other legal obligations or rights to further storage prevent this.
  5. Right to restriction
    You have the right to request a restriction in the processing of your personal data if one of the conditions in Art. 18 (1) a) to d) DS-GVO is met:
    – if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;- the processing is unlawful and you object to the erasure of the personal data and request 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 you need them for the establishment, exercise or defense of legal claims, or
    – if you have objected to the processing pursuant to Article 21 (1) DS-GVO and it has not yet been determined whether the legitimate grounds of the controller outweigh your grounds.
  6. Right to data portability
    You have a right to data portability pursuant to Art. 20 DS-GVO, which means that you can receive the personal data we hold about you in a structured, common and machine-readable format or request that it be transferred to another controller.
  7. Right to complain
    You have a right to complain to a supervisory authority. As a rule, you can contact the supervisory authority for this purpose, in particular in the Member State of your residence, workplace or the place of the alleged infringement.

Data security

In order to protect all personal data transmitted to us and to ensure that data protection regulations are complied with by us, as well as by our external service providers, we have taken appropriate technical and organizational security measures. Therefore, among other things, all data between your browser and our server is transmitted encrypted via a secure SSL connection.

Updated: 27.02.2020