Privacy Policy

Introduction and overview

We have written this privacy statement (version 08.09.2022-312118792) in order to explain to you, in accordance with the requirements of the General Data Protection Regulation (EU) 2016/679 and applicable national laws, which personal data (data for short) we as the controller – and the processors (e.g. providers) commissioned by us – process, will process in the future and what lawful options you have. The terms used are to be understood as gender-neutral.
In short: We inform you comprehensively about data that we process about you.

Privacy statements usually sound very technical and use legal terminology. This privacy statement, on the other hand, is intended to describe the most important things to you as simply and transparently as possible. As far as it is conducive to transparency, technical terms are explained in a reader-friendly manner, links to further information are provided and graphics are used. In this way, we inform you in clear and simple language that we only process personal data in the course of our business activities if there is a corresponding legal basis. This is certainly not possible by providing the most concise, unclear and legalistic explanations possible, as is often standard practice on the Internet when it comes to data protection. I hope you find the following explanations interesting and informative, and perhaps there is one or two pieces of information you did not yet know.
 If you still have questions, we would like to ask you to contact the responsible office mentioned below or in the imprint, to follow the existing links and to look at further information on third party sites. Our contact details can of course also be found in the imprint.

Area of application

This data protection declaration applies to all personal data processed by us in the company and to all personal data processed by companies commissioned by us (order processors). By personal data, we mean information within the meaning of Art. 4 No. 1 DSGVO, such as a person’s name, e-mail address and postal address. The processing of personal data ensures that we can offer and invoice our services and products, whether online or offline. The scope of this privacy policy includes:

• all online presences (websites, online shops) that we operate
• Social media appearances and e-mail communication
• mobile apps for smartphones and other devices

In short, the data protection declaration applies to all areas in which personal data is processed in the company in a structured manner via the aforementioned channels. If we enter into legal relationships with you outside of these channels, we will inform you separately if necessary.

Legal basis

In the following privacy statement, we provide you with transparent information on the legal principles and regulations, i.e. the legal bases of the General Data Protection Regulation, which enable us to process personal data.
As far as EU law is concerned, we refer to REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016. You can of course read
this EU General Data Protection Regulation online on EUR-Lex, the access to EU law, at https://eur-lex.europa.eu/legal-content/DE/ALL/?uri=celex%3A32016R0679.

We will only process your data if at least one of the following conditions applies:

1. Consent (Article 6(1)(a) DSGVO): You have given us your consent to process data for a specific purpose. An example would be the storage of your entered data of a contact form.
2. contract (Article 6(1)(b) DSGVO): In order to fulfil a contract or pre-contractual obligations with you, we process your data. For example, if we conclude a purchase contract with you, we need personal information in advance.
3. Legal obligation (Article 6(1)(c) DSGVO): If we are subject to a legal obligation, we process your data. For example, we are legally obliged to keep invoices for accounting purposes. These usually contain personal data.
4. Legitimate interests (Article 6(1)(f) DSGVO): In the case of legitimate interests that do not restrict your fundamental rights, we reserve the right to process personal data. For example, we need to process certain data in order to operate our website in a secure and economically efficient manner. This processing is therefore a legitimate interest.

Further conditions such as the exercise of recording in the public interest and exercise of official authority and the protection of vital interests do not generally occur with us. If such a legal basis should be relevant, it will be indicated at the appropriate place.

In addition to the EU regulation, national laws also apply:

• In Austria, this is the Federal Act on the Protection of Individuals with regard to the Processing of Personal Data (Data Protection Act), or DSG for short.
• In Germany, the Federal Data Protection Act, or BDSG for short, applies.

If other regional or national laws apply, we will inform you about them in the following sections.

Contact details of the responsible person

If you have any questions regarding data protection or the processing of personal data, please find below the contact details of the responsible person or office:
Gonzalo Gabriel Gonzales Essenwanger
Semperstraße 93, 22303 Hamburg

E-mail: info@talkie-walkie.app
Phone: +49 1525 2763536
 Imprint: https://talkie-walkie.de/impressum/

Storage period

The fact that we only store personal data for as long as is absolutely necessary for the provision of our services and products applies as a general criterion with us. This means that we delete personal data as soon as the reason for the data processing no longer exists. In some cases, we are legally obliged to store certain data even after the original purpose has ceased to exist, for example for accounting purposes.

Should you wish your data to be deleted or revoke your consent to data processing, the data will be deleted as soon as possible and insofar as there is no obligation to store it.

We will inform you about the specific duration of the respective data processing below, provided that we have further information on this.

Rights under the General Data Protection Regulation

In accordance with Articles 13, 14 of the GDPR, we inform you of the following rights you have to ensure that data is processed fairly and transparently:

• According to Article 15 of the GDPR, you have the right to know whether we are processing data about you. If this is the case, you have the right to receive a copy of the data and the following information:
  • the purpose for which we carry out the processing;
  • the categories, i.e. the types of data processed;
  • who receives this data and, if the data is transferred to third countries, how security can be guaranteed;
  • how long the data will be stored;
  • the existence of the right to rectification, erasure or restriction of processing and the right to object to processing;
  • that you can complain to a supervisory authority (links to these authorities can be found below);
  • the origin of the data if we have not collected it from you;
  • whether profiling is carried out, i.e. whether data is automatically evaluated in order to arrive at a personal profile of you.
• You have a right to rectify data under Article 16 of the GDPR, which means that we must correct data if you find errors.
• According to Article 17 of the GDPR, you have the right to erasure („right to be forgotten“), which specifically means that you may request the deletion of your data.
• According to Article 18 of the GDPR, you have the right to restriction of processing, which means that we may only store the data but not use it any further.
• According to Article 20 DSGVO, you have the right to data portability, which means that we will provide you with your data in a common format upon request.
• According to Article 21 of the GDPR, you have a right to object, which, once enforced, entails a change in processing.
  • If the processing of your data is based on Article 6(1)(e) (public interest, exercise of official authority) or Article 6(1)(f) (legitimate interest), you may object to the processing. We will then check as soon as possible whether we can legally comply with this objection.
  • If data is used to carry out direct marketing, you can object to this type of data processing at any time. We may not use your data for direct marketing thereafter.
  • If data is used for profiling, you can object to this type of data processing at any time. We may no longer use your data for profiling thereafter.
• You may have the right under Article 22 GDPR not to be subject to a decision based solely on automated processing (for example profiling).
• According to Article 77 of the GDPR, you have the right to lodge a complaint. This means that you can complain to the data protection authority at any time if you believe that the data processing of personal data violates the GDPR.

In short: You have rights – do not hesitate to contact the responsible office listed above!

If you believe that the processing of your data violates data protection law or that your data protection rights have been violated in any other way, you can complain to the supervisory authority. For Austria, this is the data protection authority, whose website can be found at https://www.dsb.gv.at/. In Germany, there is a data protection commissioner for each federal state. For more information, you can contact the Federal Commissioner for Data Protection and Freedom of Information (BfDI). The following local data protection authority is responsible for our company:

Hamburg Data Protection Authority

State Commissioner for Data Protection: Prof. Dr. Johannes Caspar
Address: Ludwig-Erhard-Str. 22 7th floor, 20459 Hamburg, Germany
Telephone number: 040/428 54-40 40
E-mail address: mailbox@datenschutz.hamburg.de
Website: https://datenschutz-hamburg.de/

Cookies

What are cookies?

Our website uses HTTP cookies to store user-specific data.
 In the following, we explain what cookies are and why they are used so that you can better understand the following privacy policy.

Whenever you browse the Internet, you use a browser. Popular browsers include Chrome, Safari, Firefox, Internet Explorer, and Microsoft Edge. Most websites store small text files in your browser. These files are called cookies.

One thing cannot be denied: Cookies are really useful little helpers. Almost all websites use cookies. More precisely, they are HTTP cookies, as there are also other cookies for other applications. HTTP cookies are small files that are stored on your computer by our website. These cookie files are automatically placed in the cookie folder, effectively the „brain“ of your browser. A cookie consists of a name and a value. When defining a cookie, one or more attributes must also be specified.

Cookies store certain user data about you, such as language or personal page settings. When you return to our site, your browser transmits the „user-related“ information back to our site. Thanks to cookies, our site knows who you are and offers you the setting you are used to. In some browsers, each cookie has its own file; in others, such as Firefox, all cookies are stored in a single file.

The following graphic shows a possible interaction between a web browser such as Chrome and the web server. Here, the web browser requests a website and receives a cookie back from the server, which the browser uses again as soon as another page is requested.

There are both first-party cookies and third-party cookies. First-party cookies are created directly by our site, third-party cookies are created by partner websites (e.g. Google Analytics). Each cookie is to be evaluated individually, as each cookie stores different data. Also, the expiration time of a cookie varies from a few minutes to a few years. Cookies are not software programs and do not contain viruses, Trojans or other „pests“. Cookies also cannot access information on your PC.

For example, cookie data can look like this:

Name: _ga
Wert: GA1.2.1326744211.152312118792-9
Purpose: Distinction of website visitors
Expiration date: after 2 years

A browser should be able to support these minimum sizes:

• At least 4096 bytes per cookie
• At least 50 cookies per domain
• At least 3000 cookies in total

What are the different types of cookies?

The question of which cookies we use in particular depends on the services used and is clarified in the following sections of the privacy policy. At this point, we would like to briefly discuss the different types of HTTP cookies.

One can distinguish 4 types of cookies:

Essential cookies
These cookies are necessary to ensure basic website functionality. For example, these cookies are needed when a user adds a product to the shopping cart, then continues to browse other pages and later proceeds to checkout. Through these cookies, the shopping cart is not deleted even if the user closes his browser window.

Purposeful cookies
These cookies collect information about user behaviour and whether the user receives any error messages. In addition, these cookies are also used to measure the loading time and the behaviour of the website with different browsers.

Target-oriented cookies
These cookies provide a better user experience. For example, entered locations, font sizes or form data are stored.

Advertising cookies
These cookies are also called targeting cookies. They are used to deliver customized advertising to the user. This can be very practical, but also very annoying.

Usually, when you visit a website for the first time, you are asked which of these cookie types you would like to allow. And of course, this decision is also stored in a cookie.

If you want to know more about cookies and are not afraid of technical documentation, we recommend https://datatracker.ietf.org/doc/html/rfc6265, the Request for Comments from the Internet Engineering Task Force (IETF) called „HTTP State Management Mechanism“.

Purpose of processing via cookies

The purpose ultimately depends on the cookie. You can find more details below or from the manufacturer of the software that sets the cookie.

What data is processed?

Cookies are little helpers for many different tasks. Unfortunately, it is not possible to generalize what data is stored in cookies, but we will inform you about the processed or stored data in the following privacy policy.

Storage time of cookies

The storage period depends on the cookie and is specified below. Some cookies are deleted after less than an hour, others can remain stored on a computer for several years.

You can also influence the storage period yourself. You can manually delete all cookies at any time via your browser (see also „Right of objection“ below). Furthermore, cookies that are based on consent will be deleted at the latest after revocation of your consent, whereby the legality of the storage remains unaffected until then.

Right of objection – how can I delete cookies?

How and whether you want to use cookies, you decide. Regardless of which service or website the cookies come from, you always have the option to delete, disable or only partially allow cookies. For example, you can block third-party cookies but allow all other cookies.

If you want to find out which cookies have been stored in your browser, if you want to change or delete cookie settings, you can find this in your browser settings:

Chrome: Delete, enable and manage cookies in Chrome

Safari: Managing Cookies and Website Data with Safari

Firefox: Delete cookies to remove data that websites have placed on your computer

Internet Explorer: Deleting and managing cookies

Microsoft Edge: Delete and manage cookies

If you generally do not want cookies, you can set up your browser so that it always informs you when a cookie is to be set. In this way, you can decide for each individual cookie whether you allow the cookie or not. The procedure varies depending on the browser. The best way is to search for the instructions in Google with the search term „delete cookies Chrome“ or „disable cookies Chrome“ in the case of a Chrome browser.

Legal basis

The so-called „Cookie Guidelines“ have been in place since 2009. These state that the storage of cookies requires your consent (Article 6 (1) (a) DSGVO). Within the EU countries, however, there are still very different reactions to these directives. In Austria, however, this directive was implemented in Section 96 (3) of the Telecommunications Act (TKG). In Germany, the Cookie Directives were not implemented as national law. Instead, this directive was largely implemented in § 15 para.3 of the Telemediengesetz (TMG).

For absolutely necessary cookies, even where there is no consent, there are legitimate interests (Article 6(1)(f) DSGVO), which in most cases are of an economic nature. We want to provide visitors to the website with a pleasant user experience and for this purpose certain cookies are often absolutely necessary.

If cookies are used that are not absolutely necessary, this will only happen in the case of your consent. The legal basis in this respect is Art. 6 para. 1 lit. a DSGVO.

In the following sections, you will be informed in more detail about the use of cookies, insofar as the software used uses cookies.

Web Analytics Introduction

What is Web Analytics?

We use software on our website to evaluate the behaviour of website visitors, called web analytics for short. This involves collecting data that the respective analytic tool provider (also called tracking tool) stores, manages and processes. With the help of this data, analyses of user behaviour on our website are created and made available to us as the website operator. In addition, most tools offer various test options. For example, we can test which offers or contents are best received by our visitors. For this purpose, we show you two different offers for a limited period of time. After the test (so-called A/B test) we know which product or content our website visitors find more interesting. For such test procedures, as for other analytics procedures, user profiles can also be created and the data stored in cookies.

Why do we do web analytics?

With our website we have a clear goal in mind: we want to deliver the best web offer on the market for our industry. To achieve this goal, we want to offer the best and most interesting offer on the one hand and on the other hand make sure that you feel completely comfortable on our website. With the help of web analysis tools, we can take a closer look at the behaviour of our website visitors and then improve our website accordingly for you and for us. For example, we can see how old our visitors are on average, where they come from, when our website is most visited or which content or products are particularly popular. All this information helps us to optimize the website and thus best adapt to your needs, interests and wishes.

What data is processed?

Exactly what data is stored depends, of course, on the analysis tools used. But as a rule, for example, which content you view on our website, which buttons or links you click on, when you access a page, which browser you use, which device (PC, tablet, smartphone, etc.) you use to visit the website or which computer system you use are stored. If you agreed that location data may also be collected, these may also be processed by the web analytics tool provider.

In addition, your IP address is also stored. According to the General Data Protection Regulation (DSGVO), IP addresses are personal data. However, your IP address is usually stored pseudonymously (i.e. in an unrecognizable and shortened form). For the purpose of testing, web analysis and web optimization, no direct data, such as your name, age, address or e-mail address are stored as a matter of principle. All this data, if collected, is stored pseudonymously. This means that you cannot be identified as a person.

The following example shows schematically how Google Analytics works as an example of client-based web tracking with Java Script code.

How long the respective data is stored always depends on the provider. Some cookies only store data for a few minutes or until you leave the website again, other cookies can store data for several years.

Duration of data processing

We will inform you about the duration of data processing below, provided we have further information on this. In general, we only process personal data for as long as is strictly necessary for the provision of our services and products. If it is required by law, as for example in the case of accounting, this storage period may also be exceeded.

Right of objection

You also have the right and the possibility to revoke your consent to the use of cookies or third-party providers at any time. This works either via our cookie management tool or via other opt-out functions. For example, you can also prevent data collection through cookies by managing, deactivating or deleting cookies in your browser.

Legal basis

The use of web analytics requires your consent, which we have obtained with our cookie pop-up. According to Art. 6 para. 1 lit. a DSGVO (consent), this consent constitutes the legal basis for the processing of personal data, as may occur during the collection by web analytics tools.

In addition to the consent, there is a legitimate interest on our part to analyse the behaviour of the website visitors and thus to improve our offer technically and economically. With the help of web analytics, we detect website errors, can identify attacks and improve the economic efficiency. The legal basis for this is Art. 6 para. 1 lit. f DSGVO (Legitimate Interests). Nevertheless, we only use the tools insofar as you have given your consent.

Since web analytics tools use cookies, we also recommend that you read our general privacy policy on cookies. To find out exactly which of your data is stored and processed, you should read the privacy statements of the respective tools.

Information on specific web analytics tools, if available, can be found in the following sections.

Matomo privacy policy

We use Matomo, a website analytics software, on our website. The service provider is the New Zealand company InnoCraft Ltd, 7 Waterloo Quay PO625, 6140 Wellington, New Zealand. You can find out more about the data processed through the use of Matomo in the Privacy Policy at https://matomo.org/privacy-policy/ . Questions about data protection can be sent by e-mail to privacy@matomo.org.

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Source: Created with the privacy generator from AdSimple