data protection

This privacy policy explains the nature, scope, and purpose of the processing of personal data (hereinafter referred to as "data") within our online offering and the associated websites, functions, and content, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as the "online offering"). Regarding the terms used, such as "processing" or "controller," we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

RESPONSIBLE PERSON

Tengo International GmbH
Gärtnerstr. 40, 45128 Essen
North Rhine-Westphalia
Germany

Authorized representative: Tengiz Kotoian

Register court: Essen District Court
Registration number: HRB 31728

Tax number: 111/5740/1018

Responsibility for content according to §6 MDStV
Tengiz Kotoian
TYPES OF DATA PROCESSED:

– Inventory data (e.g., names, addresses).
– Contact details (e.g., email, telephone numbers).
– Content data (e.g., text entries, photographs, videos).
– Usage data (e.g., websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).

CATEGORIES OF AFFECTED PERSONS

Visitors and users of the online offer (hereinafter we refer to the data subjects collectively as “users”).

PURPOSE OF PROCESSING

– Provision of the online offer, its functions and contents.
– Answering contact requests and communicating with users.
– Security measures.
– Reach measurement/marketing

TERMS USED

“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 (e.g. a cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

"Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The term is broad and covers virtually all data handling.

‘Pseudonymisation’ means the processing of personal data in such a manner 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 organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

The “controller” is the natural or legal person, public authority, agency or other body which alone or jointly with others decides on the purposes and means of the processing of personal data.

“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

APPLICABLE LEGAL BASIS

In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not stated in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 (1) (a) and Art. 7 GDPR, the legal basis for processing to fulfill our services and implement contractual measures as well as to answer inquiries is Art. 6 (1) (b) GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 (1) (c) GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 (1) (f) GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.

SECURITY MEASURE

In accordance with Art. 32 GDPR, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons.

These measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as the access, input, and transfer of data, ensuring its availability, and segregation. Furthermore, we have established procedures that ensure the exercise of data subjects' rights, the deletion of data, and the response to data threats. Furthermore, we consider the protection of personal data right from the development and selection of hardware, software, and processes, in accordance with the principle of data protection by design and through data protection-friendly default settings (Article 25 GDPR).

COOPERATION WITH CONTRACT PROCESSORS AND THIRD PARTIES

If, as part of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of legal permission (e.g. if transmission of the data to third parties, such as payment service providers, is necessary to fulfil the contract in accordance with Art. 6 (1) (b) GDPR), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we commission third parties to process data on the basis of a so-called “order processing agreement”, this is done on the basis of Art. 28 GDPR.

TRANSFERS TO THIRD COUNTRIES

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs as part of the use of third-party services or the disclosure or transmission of data to third parties, this will only occur if it is necessary to fulfill our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to statutory or contractual permissions, we will only process or have data processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level equivalent to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

RIGHTS OF THE DATA SUBJECTS

You have the right to request confirmation as to whether data in question is being processed and to access this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

According to Art. 16 GDPR, you have the right to request the completion of your data or the correction of inaccurate data concerning you.

In accordance with Art. 17 GDPR, you have the right to request that the data in question be deleted immediately or, alternatively, to request that the processing of the data be restricted in accordance with Art. 18 GDPR.

You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.

Furthermore, you have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 GDPR.

RIGHT OF WITHDRAWAL

You have the right to revoke consent given in accordance with Art. 7 (3) GDPR with effect for the future

RIGHT OF OBJECTION

You may object to the future processing of your data at any time in accordance with Art. 21 GDPR. In particular, you may object to processing for direct marketing purposes.

COOKIES AND RIGHT OF OBJECTION TO DIRECT MARKETING

“Cookies” are small files that are stored on users’ computers. Different types of information can be stored within cookies. A cookie is primarily used to save information about a user (or the device on which the cookie is stored) during or after their visit to an online service. Temporary cookies, or “session cookies” or “transient cookies” are cookies that are deleted after a user leaves an online service and closes their browser. Such a cookie can store, for example, the contents of a shopping cart in an online shop or a login status. “Permanent” or “persistent” cookies are cookies that remain stored even after the browser is closed. For example, the login status can be saved if users visit the website several days later. Likewise, the interests of users can be saved in such a cookie and used for reach measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the controller who operates the online service (otherwise, if they are only their cookies, they are referred to as “first-party cookies”).

We may use temporary and permanent cookies and explain this in our privacy policy.

If users do not wish to have cookies stored on their computer, they are asked to deactivate the corresponding option in their browser's system settings. Stored cookies can be deleted in the browser's system settings. Excluding cookies may lead to functional limitations of this website.

A general objection to the use of cookies used for online marketing purposes can be declared for many services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, cookies can be blocked by deactivating them in the browser settings. Please note that in this case, not all functions of this website may be available.

DELETION OF DATA

The data we process will be deleted or restricted in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no statutory retention periods that prevent deletion. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.

According to legal requirements in Germany, storage takes place in particular for 10 years in accordance with Sections 147 Para. 1 AO, 257 Para. 1 Nos. 1 and 4, Para. 4 HGB (books, records, management reports, accounting documents, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with Section 257 Para. 1 Nos. 2 and 3, Para. 4 HGB (commercial letters).

According to legal requirements in Austria, storage takes place in particular for 7 years according to Section 132 Para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statements of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the Mini One Stop Shop (MOSS) is used.

BUSINESS-RELATED PROCESSING

In addition, we process
– Contract data (e.g., subject matter of the contract, term, customer category).
– Payment data (e.g., bank details, payment history)
from our customers, prospective customers and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

DATA PROTECTION INFORMATION IN THE APPLICATION PROCESS

We process applicant data only for the purpose and within the scope of the application process in accordance with legal requirements. Applicant data is processed to fulfill our (pre-)contractual obligations within the scope of the application process within the meaning of Art. 6 (1) (b) GDPR and Art. 6 (1) (f) GDPR, if data processing is necessary for us, for example, in the context of legal proceedings (in Germany, Section 26 of the Federal Data Protection Act (BDSG) also applies).

The application process requires applicants to provide us with their application data. The required application data is indicated if we offer an online form; otherwise, it is derived from the job descriptions. This generally includes personal information, mailing and contact addresses, and the application documents, such as a cover letter, resume, and references. Applicants can also voluntarily provide us with additional information.

By submitting their application to us, applicants agree to the processing of their data for the purposes of the application process in accordance with the manner and scope set out in this privacy policy.

If special categories of personal data within the meaning of Art. 9 (1) GDPR are voluntarily provided during the application process, they will also be processed in accordance with Art. 9 (2) (b) GDPR (e.g., health data, such as severe disability status or ethnic origin). If special categories of personal data within the meaning of Art. 9 (1) GDPR are requested from applicants during the application process, they will also be processed in accordance with Art. 9 (2) (a) GDPR (e.g., health data if necessary for professional performance).

If available, applicants can submit their applications using an online form on our website. The data will be transmitted to us in encrypted form using state-of-the-art technology.
Applicants can also submit their applications via email. Please note, however, that emails are generally not encrypted, and applicants are responsible for ensuring this encryption themselves. Therefore, we cannot assume any responsibility for the transmission of the application between the sender and its receipt on our server. We therefore recommend using an online form or sending it by mail. Instead of applying via the online form and email, applicants still have the option of sending their application by mail.

In the event of a successful application, the data provided by applicants may be further processed by us for the purposes of the employment relationship. Otherwise, if the application for a job offer is unsuccessful, the applicants' data will be deleted. Applicants' data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time.

Subject to a legitimate revocation by the applicant, data will be deleted after a period of six months so that we can answer any follow-up questions regarding the application and fulfill our documentation obligations under the Equal Treatment Act. Invoices for any reimbursement of travel expenses will be archived in accordance with tax law requirements.

CONTACT US

When you contact us (e.g., via contact form, email, telephone, or social media), the user's information will be processed to process the contact request and its handling in accordance with Art. 6 (1) (b) GDPR. User information may be stored in a customer relationship management system ("CRM system") or similar request organization.

We delete requests if they are no longer required. We review their necessity every two years; furthermore, statutory archiving obligations apply.

HOSTING

The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services, which we use for the purpose of operating this online offering.

In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in the efficient and secure provision of this online offer in accordance with Art. 6 (1) (f) GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).

COLLECTION OF ACCESS DATA AND LOG FILES

We, or rather our hosting provider, collect data about every access to the server on which this service is located (so-called server log files) based on our legitimate interests within the meaning of Art. 6 (1) (f) GDPR. This access data includes the name of the accessed website, the file, the date and time of access, the amount of data transferred, the notification of successful access, the browser type and version, the user's operating system, the referrer URL (the previously visited page), the IP address, and the requesting provider.

Log file information is stored for security reasons (e.g., to investigate misuse or fraud) for a maximum of 7 days and then deleted. Data that needs to be retained for evidentiary purposes is exempt from deletion until the respective incident has been finally resolved.

GOOGLE ANALYTICS

Based on our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our website within the meaning of Art. 6 (1) (f) GDPR), we use Google Analytics, a web analysis service provided by Google LLC ("Google"). Google uses cookies. The information generated by the cookie about the use of the website by users is usually transferred to a Google server in the USA and stored there.

Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Google will use this information on our behalf to evaluate the use of our website by users, to compile reports on the activities within this website, and to provide us with other services related to the use of this website and internet usage. Pseudonymous user profiles may be created from the processed data.

We only use Google Analytics with activated IP anonymization. This means that the user's IP address will be shortened by Google within member states of the European Union or in other states party to 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.

The IP address transmitted by the user's browser will not be merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent Google from collecting the data generated by the cookie and relating to their use of the website, as well as from processing this data, by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

For further information on data usage by Google, settings and objection options, please see Google’s privacy policy (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).

Users’ personal data will be deleted or anonymized after 14 months.

GOOGLE UNIVERSAL ANALYTICS

We use Google Analytics in the form of "Universal Analytics." "Universal Analytics" refers to a Google Analytics process in which user analysis is based on a pseudonymous user ID, thus creating a pseudonymous user profile with information from the use of various devices (so-called "cross-device tracking").

GOOGLE ADWORDS AND CONVERSION MEASUREMENT

Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 (1) (f) GDPR), we use the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ("Google").

Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

We use the online marketing process Google “AdWords” to place ads in the Google advertising network (e.g., in search results, in videos, on websites, etc.) so that they are shown to users who are likely to be interested in the ads. This allows us to display ads for and within our online offering in a more targeted manner in order to present users only with ads that potentially match their interests. If, for example, a user is shown ads for products in which they have shown interest on other online offerings, this is referred to as “remarketing.” For these purposes, when you visit our website and other websites on which the Google advertising network is active, Google code is immediately executed and so-called (re)marketing tags (invisible graphics or code, also known as “web beacons”) are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user’s device (similar technologies can also be used instead of cookies). This file records which websites the user has visited, which content he is interested in and which offers the user has clicked on, as well as technical information about the browser and operating system, referring websites, time of visit and other information about the use of the online offer.

We also receive a unique "conversion cookie." The information collected through the cookie is used by Google to compile conversion statistics for us. However, we only receive the anonymous total number of users who clicked on our ad and were redirected to a page with a conversion tracking tag. We do not receive any information that could be used to personally identify users.

User data is processed pseudonymously within the Google advertising network. This means that Google does not store and process, for example, the name or email address of users, but rather processes the relevant data based on cookies within pseudonymous user profiles. This means that from Google's perspective, the ads are not managed and displayed for a specifically identified person, but rather for the cookie owner, regardless of who that cookie owner is. This does not apply if a user has expressly permitted Google to process the data without this pseudonymization. The information collected about users is transmitted to Google and stored on Google's servers in the USA.

For further information on data usage by Google, settings and objection options, please see Google’s privacy policy (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).

ONLINE PRESENCE IN SOCIAL MEDIA

We maintain online presences within social networks and platforms to communicate with customers, prospects, and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.

Unless otherwise stated in our privacy policy, we process users' data if they communicate with us within the social networks and platforms, e.g. by writing posts on our online presence or sending us messages.

INTEGRATION OF THIRD-PARTY SERVICES AND CONTENT

Within our online offering, we use content or service offerings from third parties on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 (1) (f) GDPR) in order to integrate their content and services, such as videos or fonts (hereinafter collectively referred to as “content”).

This always presupposes that the third-party providers of this content perceive the user's IP address, since without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content. We endeavor to only use content whose respective providers only use the IP address to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offering, as well as be linked to such information from other sources.

GOOGLE RECAPTCHA

We integrate the function for detecting bots, e.g., when entering data into online forms ("ReCaptcha") from Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

GOOGLE MAPS

We integrate maps from the "Google Maps" service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The data processed may include, in particular, users' IP addresses and location data, which, however, will not be collected without their consent (usually done through their mobile device settings). The data may be processed in the USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
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