Privacy notice for users of the website www.tivola.de and other data subjects
August 2023
Our data protection notices have a modular structure. They consist of a general part for all processing of personal data and processing situations (I. General) and a special part, the content of which relates only to the processing situation specified there (II., III., IV., V.). In order to find the parts that are relevant to you, please refer to the following overview of the subdivision of the privacy notices:
Designation ⇒ This part is for you ...
I. General ⇒ always relevant.
II. Data processing when visiting the website ⇒ relevant, if you use our internet offer.
III. Supplementary data protection information for applicant ⇒ relevant, when you apply for a job with us.
IV. Supplementary data protection information for business partners ⇒ relevant, if you want to work with us as a service provider, supplier or similar partner, are already in an ongoing business relationship with us or used to be.
The controller within the meaning of the General Data Protection Regulation ("GDPR" / "DSGVO") and other national data protection laws and other provisions of data protection law for the processing of data to provide the Website is:
Name of the person in charge:
Tivola Games GmbH
Oeverseestraße 10-12
22769 Hamburg
We have appointed a data protection officer:
Prof. Dr. Christian Rauda
Lawyer and specialist in information technology law
GRAEF Attorneys at Law Digital PartG mbB
Jungfrauenthal 8
20149 Hamburg
Tel. +49.40.80 6000 9-0
Fax +49.40.80 6000 9-10
Mail: datenschutzbeauftragter@tivola.de
I. General information on data processing
1. Scope of the processing of personal data
We collect and use personal data of our website users and other data subjects (such as service providers, suppliers, customers) only to the extent necessary to provide our website, our content and our services.
2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing operations of personal data, Art. 6 (1) lit. a DSGVO serves as the legal basis for the processing of personal data.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) lit. b DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
Insofar as the processing of personal data is necessary for the fulfillment of a legal obligation to which our company is subject, Art. 6 (1) lit. c DSGVO serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the former interest, Art. 6 (1) lit. f DSGVO serves as the legal basis for the processing.
If the processing of data requires the storage of information in your terminal device or access to information already stored in the terminal device, Section 25 (1), (2) TTDSG is the legal basis for this.
3. Data deletion and storage duration
The personal data of the data subject shall be deleted or blocked as soon as the purpose of the storage no longer applies. In addition, storage may take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.
4. General contact
You can contact us by e-mail, telephone or letter. In this case, your information and attachments from the request, including the contact data you provide there, will be stored by us solely for the purpose of processing the request and in the event of follow-up questions. If you contact us by e-mail, your e-mail address and the date and time of sending will be processed. If you contact us by telephone, your telephone number will be processed. If you write to us by letter, we process your address data and date of receipt. In this context, the data will not be passed on to third parties.
The legal basis for processing the data is Art. 6 (1) lit. f DSGVO. Our interest in answering your request outweighs your interest; since you are writing to us, an answer is also in your interest, and you are aware that we need to process your data to answer your request. The connection data is collected in order to be able to process and respond to your request and to counteract misuse of the contact options
If the contact aims at the conclusion of a contract, the legal basis for the processing is Art. 6 (1) lit. b DSGVO.
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. This is the case when the respective communication with the data subject has ended. The communication is terminated when it can be inferred from the circumstances that the matter concerned has been conclusively clarified.
5. Recipients of your data
Within our company, those departments have access to your data that require it for the fulfillment of their processing purposes. This also applies to the service providers and vicarious agents we use. All departments and persons who work with your data are obligated to maintain data secrecy and have been made aware of the sensitive handling of personal data.
Your data will only be passed on outside the company if this is in accordance with data protection regulations. This is the case if the transfer is necessary for the fulfillment of the purposes or if we have obtained your consent for the use and transfer of the data. The following recipients may receive your data:
- Gerwan GmbH and inmedias.it Gesellschaft für Informationstechnologie mbH, Service providers for the operation of our website and the processing of data stored or transmitted by the systems (e.g. for data center services, payment processing, IT security). The legal basis for the transfer is then Art. 6 para. 1 p. 1 lit. b or lit. f DSGVO, insofar as they are not order processors.
- Government agencies/authorities, insofar as this is necessary to fulfill a legal obligation. The legal basis for the disclosure is then Art. 6 para. 1 p. 1 lit. c DSGVO.
- Persons employed to carry out our business operations, Jumpgate AB and the auditors COUNSEL Treuhand GmbH Wirtschaftsprüfungs- und Steuerberatungsgesellschaft as well as banks, insurance companies, legal advisors, supervisory authorities, parties involved in company acquisitions or the establishment of joint ventures. The legal basis for the disclosure is then Art. 6 para. 1 p. 1 lit. b or lit. f DSGVO.
- If you contact us by email, Microsoft Ireland Operations Ltd. as the processor of the data.
- In the course of visiting the Website, other recipients may be considered, which are listed under "II." in the appropriate places.
6. Data sources
We receive your personal data mainly directly from you and may also use public sources (websites, contact directories, etc.) for initial contact.
If we receive your data from other third parties (for example, recommendations from other partners), we will inform you about these data sources when you initially contact us.
7. Data subject rights
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:
a) Right to information
You may request confirmation from the controller as to whether personal data concerning you is being processed by us.
If there is such processing, you can request information from the controller about the following:
(1)
the purposes for which the personal data are processed;
(2)
the categories of personal data which are processed;
(3)
the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4)
the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage duration;
(5)
the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6)
the existence of a right of appeal to a supervisory authority;
(7)
any available information on the origin of the data, if the personal data are not collected from the data subject;
(8)
the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases,
meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information about whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer.
b) Right to rectification
You have a right to rectification and/or completion vis-à-vis the controller if the personal data processed concerning you is inaccurate or incomplete. The controller shall carry out the rectification without undue delay.
c) Right to restriction of processing
Under the following conditions, you can request the restriction of the processing of personal data concerning you:
(1)
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;
(2)
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;
(3)
the controller no longer needs the personal data for the purposes of processing, but you need them for the establishment, exercise or defense of legal claims, or
(4)
if you have objected to the processing pursuant to Art. 21(1) DSGVO and it is not yet clear whether the controller's legitimate grounds override your grounds.
If the processing of personal data concerning you has been restricted, such data may - apart from being stored - only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
d) Right to deletion
You may request from the controller that the personal data concerning you be deleted without delay, and the controller is obliged to delete such data without delay, if one of the following reasons applies:
(a)
The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(b)
You revoke your consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) DSGVO and there is no other legal basis for the processing.
(c)
You object to the processing pursuant to Art. 21 (1) DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) DSGVO.
(d)
The personal data concerning you have been processed unlawfully.
(e)
The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
(f)
The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8(1) DSGVO.
Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform controllers that process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.
Exceptions
The right to erasure does not exist insofar as the processing is necessary to
(a)
to exercise the right to freedom of expression and information;
(b)
for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(c)
for reasons of public interest in the area of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) DSGVO;
(d)
for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1) of the GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or
(e)
to assert, exercise or defend legal claims.
e) Right to information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you has been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed about these recipients by the data controller.
f) Right to data portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that
(1)
the processing is based on consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and
(2)
the processing is carried out with the aid of automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
g) Right of objection
You have the right to object at any time, for reasons arising from their particular situation, to the processing of personal data concerning you that is carried out on the basis of Art. 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.
If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services - notwithstanding Directive 2002/58/EC - to exercise your right to object by means of automated procedures using technical specifications.
h) Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
i) Automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
This does not apply if the decision
(1)
is necessary for the conclusion or performance of a contract between you and the responsible person,
(2)
is permitted by legislation of the Union or the Member States to which the controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or
(3)
is done with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms of, and the legitimate interests of, the data subject, which shall include, at least, the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.
j) Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
II. Data processing when visiting the website www.tivola.de
1. Provision of the website and creation of log files
Each time our website is called up, our system automatically collects data and information from the computer system of the calling computer. The following data is collected for a limited period of time:
1.
Information about the browser type and version used and language
2.
The operating system of the user
3.
The Internet service provider of the user
4.
The IP address of the user
5.
Date and time of access
6.
The amount of data transferred
7.
The message whether the call was successful
8.
The GMT time zone difference
9.
Websites from which the user's system accesses our Internet site
10.
Websites that are called up by the user's system via our website
The data is stored in the log files of our system. This data is only required for the analysis of any malfunctions and is deleted within seven days at the latest. The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f DSGVO. The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the IP address of the user must remain stored for the duration of the session. The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context, and conclusions about your person are not drawn. The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility for the user to object.
2. Cookies use
We use so-called session or flash cookies on our website and in our applications. Cookies are text files that are stored in or by the Internet browser on the user's computer system. When a user visits a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that allows the browser to be uniquely identified the next time the website is accessed. Some functions of our website cannot be offered without the use of cookies. These may include, in particular: Session cookies (which store language settings), pure counting cookies (which prevent web pages from being overloaded) or Flash cookies (which are used to play media content). For these, it is necessary that the browser is recognized even after a page change. The user data collected with technically necessary cookies are not used to determine the identity of the user or to create user profiles. The legal basis for the processing of personal data by means of technically necessary cookies is § 25 para. 2 TTDSG and Art. 6 para. 1 lit. f) DSGVO. Due to the technical necessity, there is no revocation option. Insofar as we use cookies that are not technically necessary, you can find the relevant information in the following information on the individual services.
3. Social Media Links
We maintain online presences in social networks and platforms in order to communicate with customers, interested parties and users who are active in these networks and to be able to inform customers, interested parties and users about our services.
Our website therefore links to the websites of Facebook and Instagram, both operated by Meta Platforms Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or, if you are a resident of the EU, Meta Platforms Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. Unless otherwise described in this privacy notice, no data is exchanged with Facebook or Instagram via our website.
We have linked to the page of the YouTube platform, a service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. ("YouTube"), set a link. We use the "extended data protection mode" option provided by YouTube. When you call up one of our pages with a corresponding video, content from YouTube is called up. If you are logged in with your YouTube account, YouTube has the possibility to merge your surfing behavior with other data. YouTube videos are used in the interest of a comprehensible presentation of our services. Google's privacy policy applies: https://policies.google.com/privacy?hl=de
We have also linked to the Twitter site operated by Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA ("Twitter"). When calling up the respective networks and platforms, the terms and conditions and data processing policies of their respective operators apply. Unless otherwise stated in our privacy policy, we process the data of users if they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.
When you access the aforementioned networks or platforms, the terms and conditions and data processing policies of the companies operating those networks or platforms apply. Except as otherwise provided in our Privacy Policy, we process data about users when they communicate with us via social networks or platforms, for example, when they post on our Facebook pages or send us messages.
4. Contact by email
If you contact us by email, Microsoft Ireland Operations Ltd. as the processor of the data
III. Supplementary data protection information for applicants
We collect and process personal data from applicants for the purpose of handling the application process. The legal basis is the overriding legitimate interests of the person applying and of us in an exchange for the purpose of initiating an employment relationship (Art. 6 para. 1 lit. f DSGVO). The processing may also take place electronically. This is particularly the case if an applicant sends corresponding application documents electronically, for example by e-mail. If we conclude an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. The legal basis is then Art. 6 para 1 b) DSGVO in conjunction with Art. 88 DSGVO and § 26 BDSG and, in the case of processing sensitive data in accordance with Art. 9 DSGVO, your consent; Art. 6 para 1 lit a) DSGVO. If we do not conclude an employment contract with the applicant, the application documents will be automatically deleted after notification of the rejection decision, provided that no other legitimate interests of the controller conflict with such deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).
IV. Supplementary data protection information for business partners
1. Purposes of processing and legal bases
Which of your data is processed in detail results from the commissioned or agreed services. We use the personal information exclusively for the purpose for which it was provided to us. These are, for example, personal data (name, address and other contact data, birthday and place). In addition, this may also be order data (e.g. payment order), data from the fulfillment of our contractual obligations (e.g. turnover data in payment transactions), information about your financial situation (e.g. creditworthiness data), advertising and sales data and other data comparable with the categories mentioned.
a) Fulfillment of contractual obligations (Art. 6 para. 1 lit. b DSGVO)
We process your data predominantly for the purpose of establishing and executing our procurement and maintenance processes and thus purchase/works/service contracts.
In addition, your data will be processed in part within the framework of ancillary contractual obligations or pre-contractual agreements.
b) Legitimate interests of the entrepreneur (Art. 6 para. 1 lit. f DSGVO)
We also process your data on the basis of our legitimate interests, which we list here as follows:
- Contact and communication management
- Performance Controls
- Contract/project management
Ensuring the operation of information and telecommunications systems.
c) Legal requirements and obligations (Art. 6 para. 1 lit. c DSGVO)
As a company, we are bound by various legal obligations that must be complied with on the basis of applicable laws and regulations.
We process your data for the purpose of compliance with the provisions of tax and commercial law, which we specify here by way of example as follows:
- Financial accounting
- Business correspondence
d) Consent of the data subjects (Art. 6 para. 1 lit. a DSGVO)
If we have obtained your consent to process your data for certain purposes, we base the lawfulness of the processing on this consent.
August 2023