PRIVACY STATEMENT

Responsible & Data Protection Officer:

Name/Fa.:

Roderich Pilars de Pilar

Christophstr. 15-17

50760 Cologne, Germany

Phone: +49 (0) 221/ 65086 140

E-mail: hello@tulos.de

Last update: 15.04.2020

  1. Basic information on data processing and legal bases

1.1 This privacy policy explains to you the nature, scope and purpose of the processing of personal data within our online service and the associated websites, functions and content (hereinafter collectively referred to as “online service” or “website”). The data protection declaration applies regardless of the domains, systems, platforms and devices used (e.g. desktop or mobile) on which the online offer is executed.

1.2 We refer the terms used, e.g. “personal data” or their “processing”, to the definitions in Art. 4 of the Data Protection Basic Regulation ().

1.3 The personal user data processed within the scope of this online offer include inventory data (e.g., names and addresses of customers), contract data (e.g., services used, names of clerks), usage data (e.g., websites visited on our online offer) and content data (e.g., entries in the contact form).

1.4 The term “user” covers all categories of persons affected by data processing. These include our business partners, customers, interested parties and other visitors to our online services. The terms used, such as “user”, are to be understood gender-neutrally.

1.5 We process users’ personal data only in compliance with the relevant data protection regulations. This means that the user’s data will only be processed if legal permission has been obtained. I.e., in particular if the data processing is necessary for the provision of our contractual services (e.g. processing of orders) and online services, or is required by law, a consent of the users, as well as due to our legitimate interests (i.e. interest in the analysis, optimization and economic operation and security of our offer within the meaning of Art. 6 Para. 1 lit. f. of the German Data Protection Act). , in particular for range measurement, the creation of profiles for advertising and marketing purposes as well as the collection of access data and the use of third-party services.

1.6 We point out that the legal basis of the consents Art. 6 Para. 1 lit. a. and Art. 7 GDPR, the legal basis for the processing to fulfill our services and implementation of contractual measures Art. 6 Para. 1 lit. b., the legal basis for the processing to fulfill our services and implementation of contractual measures Art. 6 Para. 1 lit. b. and Art. 7 GDPR are not applicable. GDPR, the legal basis for processing to fulfil our legal obligations Art. 6 para. 1 lit. c. GDPR, and the legal basis for processing to safeguard our legitimate interests Art. 6 para. 1 lit. f. GDPR.

  1. Security measures

2.1 We shall take organizational, contractual and technical security measures in accordance with the state of the art to ensure that the provisions of the data protection laws are complied with and to protect the data processed by us against accidental or intentional manipulation, loss, destruction or access by unauthorized persons.

2.2 The security measures include in particular the encrypted transmission of data between your browser and our server.

  1. Transfer of data to third parties and third-party providers

3.1 Data shall only be passed on to third parties within the scope of the statutory provisions. We only pass on user data to third parties if this is necessary for contractual purposes, e.g. on the basis of Art. 6 Para. 1 lit. b) GDPR or on the basis of legitimate interests pursuant to Art. 6 Para. 1 lit. f) GDPR. GDPR in the economic and effective operation of our business.

3.2 If we use subcontractors to provide our services, we shall take appropriate legal precautions and take appropriate technical and organizational measures to ensure the protection of personal data in accordance with the relevant statutory provisions.

3.3 If content, tools or other means from other providers (hereinafter jointly referred to as “Third Party Providers”) are used within the scope of this data protection declaration and their registered office is located in a third country, it is to be assumed that a data transfer to the registered offices of the Third Party Providers takes place. Third countries are countries in which the GDPR is not a directly applicable law, i.e. basically countries outside the EU or the European Economic Area. Data is transferred to third countries either if there is an appropriate level of data protection, user consent or other legal permission.

  1. provision of contractual services

4.1 We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons) for the purpose of fulfilling our contractual obligations and services pursuant to Art. 6 Para. 1 lit b. GDPR.

  1. establishing contact

5.1 When establishing contact with us (via contact form or e-mail), the user’s details are processed for processing the contact request and its processing in accordance with Art. 6 Para. 1 lit. b) GDPR.

  1. collection of access data and log files

6.1 On the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. of the German Civil Code, we shall raise a claim for damages in the amount of GDPR data on each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.

6.2 Log file information is stored for a maximum period of seven days for security reasons (e.g. to clarify misuse or fraud) and then deleted. Data, the further storage of which is necessary for evidence purposes, shall be excluded from deletion until the respective incident has been finally clarified.

  1. Cookies & range measurement

7.1 Cookies are pieces of information that are transmitted from our web server or third-party web servers to the user’s web browser and stored there for later retrieval. Cookies may be small files or other types of information storage.

7.2 We use “session cookies”, which are only stored for the duration of the current visit to our online presence (e.g. to enable the storage of your visit or the session and thus the use of our online offer at all). In a session cookie, a randomly generated unique identification number is stored, a so-called session ID. In addition, a cookie contains information about its origin and the storage period. These cookies cannot store any other data. Session cookies are deleted when you have finished using our online service and log out or close your browser, for example.

7.3 Users are informed about the use of cookies within the scope of pseudonymous range measurement within the scope of this data protection declaration.

7.4 If the users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

7.5 You may object to the use of cookies for range measurement and advertising purposes via the deactivation page of the Network Advertising Initiative (http://optout.networkadvertising.org/) and additionally the US website (http://www.aboutads.info/choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/).

  1. Google Analytics

8.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer in the sense of Art. 6 Para. 1 lit. f. of the German Civil Code), we shall assume no liability for the content of our website. GDPR) Google Analytics, a web analysis service of Google Inc. (“Google”). Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transferred to a Google server in the USA and stored there.

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

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

8.4 We use Google Analytics to display ads placed by Google and its partners within advertising services only to users who have shown an interest in our online services or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) which we transmit to Google (so-called “remarketing” or “Google Analytics Audiences”). With the help of remarketing audiences, we would also like to ensure that our ads correspond to the potential interest of the users and do not appear annoying.

8.5 We use Google Analytics only with IP anonymization enabled. This means that the IP address of the user is shortened 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.

8.6 The IP address transmitted by the user’s browser will not be merged with other data held by Google. Users may refuse the use of cookies by selecting the appropriate settings on their browser, however please note that if the cookies are not installed on your computer, you may not be able to use the full functionality of this website and you may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

8.7 Further information on the use of data by Google, setting and objection options can be found on the websites of Google: https://www.google.com/intl/de/policies/privacy/partners (“Use of data by Google for your use of websites or apps of our partners”), https://www.google.com/policies/technologies/ads (“Use of data for advertising purposes”), http://www.google.de/settings/ads (“Manage information that Google uses to show you advertising”).

  1. Integration of third party services and content

9.1 Within the scope of our online offer and on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. of the German Civil Code), we shall not be liable for any loss or damage incurred as a result of the use of, or in connection with, such information. GDPR) content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”). This always presupposes that the third-party providers of this content perceive the IP address of the user, since they would not be able to send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We make every effort to use only those contents whose respective providers only use the IP address to deliver the contents. Third party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. 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 web pages, visit times and other information about the use of our online offering, as well as may be linked to such information from other sources.

9.2 The following presentation provides an overview of third party providers and their content, together with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, possibilities for objection (so-called opt-out):

– External fonts from Google, Inc., https://www.google.com/fonts (“Google Fonts”). The integration of Google Fonts takes place through a server call at Google (usually in the USA). Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.

– Maps of the “Google Maps” service of the third-party provider Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Statement: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.

– Videos from the “YouTube” platform of third-party provider Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.

– External code of the JavaScript framework “jQuery”, provided by the third-party provider jQuery Foundation, https://jquery.org.

  1. User rights

10.1 Users have the right, upon request and free of charge, to obtain information about the personal data we have stored about them.

10.2 In addition, Users have the right to rectify inaccurate data, limit the processing and delete their personal data, where applicable, assert their rights to data portability and, in the event of the assumption of unlawful data processing, file a complaint with the competent supervisory authority.

10.3 Users may also revoke their consent, in principle with consequences for the future.

11 Deletion of data

11.1 The data stored by us will be deleted as soon as they are no longer required for their intended purpose and there are no legal obligations to retain them. If the user’s data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to user data that must be stored for commercial or tax reasons.

11.2 In accordance with statutory provisions, data shall be stored for 6 years in accordance with § 257 Para. 1 HGB (German Commercial Code) (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting records, etc.) and for 10 years in accordance with § 147 Para. 1 AO (German Tax Code) (books, records, management reports, accounting records, commercial and business letters, documents relevant for taxation, etc.).

  1. Right of objection

Users may at any time object to the future processing of their personal data in accordance with the statutory provisions. The objection can be made in particular against the processing for purposes of direct marketing.

  1. Changes to the data protection declaration

13.1 We reserve the right to amend this Privacy Policy in order to adapt it to changed legal situations or changes in the Service or data processing. However, this only applies to declarations on data processing. If user consents are required or components of the data protection declaration contain provisions of the contractual relationship with the users, the changes will only be made with the consent of the users.

Data transfer to third countries. A transfer to third countries outside the EU is not planned.

Online settlement of disputes according to Art. 14

The European Commission provides a platform for online dispute resolution which can be found at webgate.ec.europa.eu.

The customer as a consumer within the meaning of §13 BGB has the possibility to use this platform for the settlement of his disputes from online sales contracts or online service contracts.

Users are requested to inform themselves regularly about the content of the data protection declaration.