Data protection
Data protection
The following data protection declaration applies to the use of the Tingsy audio.theater website and chatbot (as of August 1, 2021):
1. General information
This data protection declaration applies to the Tingsy audio.theater website, which can be accessed via the URL https://www.tingsy.ai/ (hereinafter "platform") and the services made available through it.
Data protection and the privacy of users are important to us and we adhere to the applicable data protection requirements and regulations, namely the Swiss Data Protection Act and the recommendations of the Federal Data Protection and Information Commissioner FDPIC and, if applicable, the GDPR.
This data protection declaration does not extend to any external links that lead to offers and websites of third parties. These are outside our control area, which is why the data protection provisions of the respective provider apply to such offers.
2. Responsible
Ingo Stoll is the responsible person within the meaning of Art. 4 No. 7 of the European General Data Protection Regulation ("GDPR").
Our representative in the EU for inquiries in connection with the GDPR is: Ingo Stoll, Eichenweg 5, 30989 Gehrden, mail@tingsy.ai.
3. Basics
The terms “we”, “us”, “our” refer to the Tingsy audio.theater. The terms “you” and “your” refer to you as a user of our services.
The term "personal data" refers to all information that relates to an identified or identifiable natural person (hereinafter "data subject"); A natural person is regarded as identifiable who, directly or indirectly, in particular by means of assignment to an identifier such as a name, to an identification number, to location data, to an online identifier or to one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person can be identified, Art. 4 No. 1 GDPR. In the scope of the Swiss Data Protection Act, the term personal data currently also includes data of legal persons.
4. Type and scope of the personal data processed
We receive data about you, for example, by calling up our platform, entering your data on our platform directly or using the chatbot function, or by corresponding with us by phone, email or in any other way. This includes, for example, information that you enter when communicating via chatbot or when you register on our platform, or participate in discussion forums or other social media functions on our platform, and when you report a problem to us via our platform. The information you give us may include your name, address, email address, telephone number, a personal description or a profile photo.
Any processing of your personal data is based on a legal basis, which is specified below in each case. By visiting the platform, you consent to the collection and use of information in accordance with this data protection declaration.
5. Processing purposes and legal bases
In the scope of the GDPR, any data processing requires a legal basis. If the processing is necessary for the fulfillment of a contract to which the data subject is a party, or for the implementation of pre-contractual measures that are carried out at the request of the data subject, the processing can be based on Art. 6 Para. 1 lit.b) GDPR.
If the processing is necessary to safeguard the legitimate interests of the person responsible or a third party, unless the interests or fundamental rights and freedoms of the data subject, which require the protection of personal data, outweigh them, it can be based on Art. 6 Para. 1 lit.f) GDPR will.
We process your data for the following purposes:
- to fulfill our obligation to provide you with the services in accordance with the terms of use; The legal basis for data processing is Art. 6 Para. 1 lit. b) GDPR.
- to further develop our services by storing the information you have entered in the chatbot (including your preferred options, audio modules, etc.) if you have given your consent; The legal basis for data processing is Article 6 (1) (a) GDPR
- Notify you of changes to our services; The legal basis for data processing is Art. 6 Para. 1 lit. b) GDPR.
- to ensure that the content of our platform is displayed as efficiently as possible for you on your computer; The legal basis for data processing is Article 6 Paragraph 1 lit. b) or f) GDPR.
- to enable you to participate in test and trial offers of our services; The legal basis for data processing is Art. 6 Para. 1 lit. b GDPR.
- To inform you about parts of the services that we believe may be of interest to you, if you have given your consent to do so; The legal basis for data processing is Article 6 (1) lit. a) GDPR;
- as part of our efforts to offer you the greatest possible security when using our site. The legal basis for data processing is Article 6 (1) (f) GDPR.
We also process data that cannot be assigned to any person. This is data that does not personally identify you, including anonymous information and aggregated data. This information helps us to develop a better understanding of how our visitors use the services, to analyze demographics, interests and behavior of our visitors, to improve the services, to be able to offer visitors tailored services and information, and similar purposes .
6. Chatbot from LoyJoy
We use the chatbot of our service provider LoyJoy GmbH, Kapuzinerstr. 20, 48149 Münster, Germany. The chatbot uses cookies.
The following data, to which the service provider himself does not have access, is processed by the chatbot:
- Browser used
- E-mail address and password / code when registering
- Interaction of the logged in user such as entered messages, change email address, change password, login / logout, opt-in / opt-out, participation in a competition, etc.
- As far as the user comes via Facebook Messenger or other messaging apps: The user ID provided by Facebook and data provided by the third party provider (name).
The data mentioned is aggregated and anonymized and used for statistical evaluations in order to measure success and, if advertising consent has been given, to enable the optimized display of messages. Further information can be found in the LoyJoy data protection declaration: https://www.loyjoy.com/privacy.
The legal basis for processing is your consent in accordance with Article 6 (1) (a) GDPR and our legitimate interest in accordance with Article 6 (1) (f) GDPR.
LoyJoy uses services from "Cloudflare" (provider: Cloudflare, Inc., 101 Townsend St, San Francisco, CA 94107, USA).
LoyJoy web application (web application firewall) available. The data transfer between the browser and the LoyJoy servers flows through the Cloudflare infrastructure and is analyzed there in order to ward off attacks. Cloudflare uses technically necessary cookies to enable access to LoyJoy. The use of Cloudflare takes place in the interest of a secure use of LoyJoy and the defense against harmful attacks from outside. This represents a legitimate interest within the meaning of Art. 6 Paragraph 1 lit. f GDPR. Further information can be found in the Cloudflare data protection declaration: https://www.cloudflare.com/de-de/privacypolicy/.
7. Feedback
If you contact us to give us your feedback, to submit a complaint or to ask a question, we will record personal data and other information that you provide to us in your communication so that we can respond to your communication accordingly. The processing of your personal data for feedback processing is based on Art. 6 Paragraph 1 lit. f) GDPR.
8. Activity
When you use our services, we receive and store certain information about your use of the services. This includes IP addresses, browser types, domain names and other statistical data about your use of the services. We use this data to measure the performance of our website and to further develop our products and services.
9. Cookies
We use cookies to improve the quality of our services. The term “cookies” refers to small data sets that are sent to your computer's hard drive by a platform while you are viewing the site. Many cookies contain a so-called cookie ID, which is a unique identifier for the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.
By using cookies, we can provide you with more user-friendly services that would not be possible without the cookie setting. We use both session cookies (which expire when you close the browser) and permanent cookies (which remain on your computer until you delete them). You can remove permanent cookies using the instructions in your browser help. If you decide to deactivate cookies, there is a possibility that some parts of our services will not work properly or not at all. The use of cookies is based on Art. 6 Para. 1 lit. f) GDPR.
10. Web analytics services
We use web analysis services from third-party providers to evaluate the use of the platform, to which personal data can also be transmitted as part of the use of these services. We then use social plug-ins from various providers on the platform ([examples: Youtube, Facebook, Twitter, LinkedIn and Instagram]). This can go hand in hand with data collection from the providers concerned.
Google Analytics is a web analysis service from Google Ireland Ltd, Ireland and Google Inc., USA ("Google"). Google Analytics uses so-called "cookies", text files that are stored on the user's computer and that enable an analysis of the use of the platform. The information generated by the cookie about the use of this platform (including the IP address of the user) is transmitted to and stored by Google on servers in the United States. Google will use this information to evaluate the use of the platform by the users, to compile reports on the platform activities for the platform operator and to provide other services related to the use of the platform and the internet. Google may also transfer this information to third parties if this is required by law or if third parties process this data on behalf of Google. Under no circumstances will Google associate the IP address of the user with other Google data. The user can prevent the installation of cookies by setting the browser software accordingly; however, we would like to point out to users that in this case not all functions of the platform can be used to their full extent. By using the platform, users agree to the processing of the data collected about them by Google in the manner described above and for the purpose stated above.
Facebook is a social network of the American company Facebook, Inc. (1601 S. California Ave, Palo Alto, CA 94304, USA). Twitter is a microblogging service provided by the American company Twitter, Inc. (795 Folsom St., Suite 600, San Francisco, CA 94107). Google is a social network from Google. LinkedIn is a social network of the LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. When visitors call up the platform (Tingsy), their browser establishes a direct connection to the servers of the aforementioned providers and the respective button is loaded from there. The information is transmitted to the respective provider that the corresponding website has been accessed. If the visitor is a registered user of the service in question and the provider can also assign the page views to the corresponding profile and, under certain circumstances, collect further data. Further information on data collection and processing can be found in the data protection declarations of the respective providers, which can be found at [Examples: www.youtube.com, www.facebook.com, www.twitter.com, https://plus.google.com and www .linkedin.com are available.
11. Disclosure of Information
11.1. Legal obligation
We may disclose your personal data on the basis of a request for data if we believe that this disclosure complies with applicable law, official regulations or a lawful process or can be required in any other way on the basis of laws and regulations. The legal basis for processing in order to fulfill a legal obligation is Article 6 (1) (c) GDPR.
11.2. Violation of Terms of Use
In addition, we may disclose your personal data to legal representatives or authorities if we believe that your actions have violated our terms of use and the data protection declaration, or to protect our rights, our property and our safety or those of others. The legal basis for this is Article 6, Paragraph 1, Letter f) GDPR.
11.3. Disclosure to members of the corporate group
If necessary, we transmit personal data to other parts of the company, e.g. for billing purposes. In this case, the transmission is based on Art. 6 Para. 1 lit. f) GDPR.
12. Left
The platform can contain links to offers from third parties without any connection to us. Except as set out here, we do not pass on your personal data to these third parties and are neither responsible for their data protection precautions nor do we assume any liability. We recommend that you read the privacy statements of these third parties.
13. Security
We have implemented technical and organizational security measures to protect the data that we manage against accidental or deliberate manipulation, accidental or deliberate loss, accidental or deliberate destruction and against access by unauthorized persons. We use the latest TLS encryption for data transmission via our systems. Our security precautions are continuously optimized through an ongoing process.
However, we cannot guarantee that every Internet or e-mail transmission is completely secure or error-free, and with the exception of our guarantee to use technical and organizational measures to technically secure all data transmissions, we cannot guarantee their absolute security and are therefore liable not for intercepted data sent over the Internet or for third parties to work with revoked, stolen, forged or otherwise insecure certificates.
14. Duration of storage
We store your personal data for as long as is necessary for the respective purpose for which it was collected or for the fulfillment of our legal obligations such as statutory retention periods. The data will be deleted at the latest within one month after the respective purpose no longer applies.
15. Rights of data subjects
As the data subject, you have extensive rights that you can assert against us. Upon request, we will inform you in writing, in accordance with the applicable statutory provisions, whether and, if so, which personal data we have stored about you. You can view your personal data at any time free of charge and request their correction and / or deletion and / or blocking. For this purpose and / or for more information, please contact us at mail@tingsy.ai.
You have the right to receive the personal data that we hold about you in a structured, commonly used, machine-readable format. Upon request, we will transfer your personal data to another person responsible. In order to exercise one of the rights mentioned in this section or if you have any questions about the processing of your personal data, please contact us at the email address given above.
You also have the right to lodge a complaint with the competent data protection authority.
16. Terms and changes to this privacy policy
We are free to change this data protection declaration at any time. The new version is always posted on this platform. These changes are binding for new users of our services with immediate effect and will take effect for existing users through continued use of the services after the effective date of the change posted. If you do not want to approve the changes with regard to our use of your personal data, you must inform us before these changes come into effect that you want to deactivate any account with us. Please note that it is your responsibility to keep your personal information up to date and to provide us with your current contact information.
Data protection declaration Tingsy audio.theater, 01.08.2021
