Data Privacy Terms

Version: 2018/05

The protection of personal data and thus your privacy is taken very seriously by us. At this point, we would like to outline how we protect your privacy and what it means to you when you use our services. In order to ensure the greatest possible protection of your privacy, it goes without saying that we comply with all legal provisions on data protection. This Privacy Policy applies to the online offerings of TesApp, operated by the Three60 Summit UG (limited liability), which is available under the domain www.Tes.App and the various subdomains (hereinafter referred to as „our website“).

1. Name and address for data protection

Responsible agency and service provider of the www.Tes.App websites is the Three60 Summit UG (limited liability), Winzererstr. 32, 80797 Munich (hereinafter referred to as „Three60 Summit“).

If you have any questions about privacy on our websites, or apps please contact: dataprivacy (at) three60.digital or write to: Three60 Summit UG (limited liability), c/o Lukas Steinbacher, Winzererstr. 32, 80797 Munich.

2. Principles of data collection

You can always visit our websites without telling us who you are. In principle, we collect and use personal data of our users only to the extent necessary for the provision of a functional website and our content and services.

Relevant legal bases: In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing.

Unless the legal basis is specified in the relevant section of the privacy policy, the following applies: The legal basis for obtaining consent is Article 6 (1) lit. a and Art. 7 DSGVO, the legal basis for data processing to keep up the performance of our services and the execution of contractual measures as well as the response to inquiries is Art. 6 (1) lit. b DSGVO, the legal basis for data processing in order to fulfill our legal obligations is Art. 6 (1) lit. c DSGVO, and the legal basis for data processing in order to safeguard our legitimate interests is Article 6 (1) lit. f DSGVO. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO is the legal basis.

3. Personal data

Personal data is information that can be assigned to you individually. Examples of this are, but not only your name, address, postal address, telephone number, your e-mail address or your geo-position. Non-personal data is information for example, the number of users of a website.

3.1. Processing of personal data

Processing means any process or series of operations related to personal data, such as collecting, organizing, storing, adapting or modifying, reading, querying, using, with or without the aid of automated procedures; disclosure by submission, dissemination or other form of provision, reconciliation or association, restriction, erasure or destruction.

Personal data is collected through this website if you provide it to us, e.g. by registering, filling in forms, sending e-mails or, most importantly, buying one of our products. We use this information for the purposes stated or as required by the request, such as your geo-location to display geo-location-specific information in the web apps. Submission to third parties will only be made if the law expressly permits this or if you have consented to the transmission as part of your registration or in the course of an active business relationship.

We store and use data entered by you in the contact form, such as first name, last name, telephone or e-mail, for the purpose of individual communication with you. Please note that the transmission of the data is not encrypted and therefore no confidential information should be sent via the contact form.

In alternating cycles you can request on our homepage use cases, demo time slots or similar information to our products. This may require the entry of first name, name, company, telephone and e-mail. The entered data will get transferred automatically into marketing tools such as Salesforce. When you fill out the form, the selected documents will be displayed and for e.g. get sent as a PDF to your specified e-mail address or our team will contact you regarding your contact request. You agree to receive information about requested documents, whitepapers, and product news from Three60 Summit, as you explicitly provide us with your contact data on any of our similar pages. You can revoke this consent at any time by e-mail to dataprivacy [at] three60.digital.

If you submit personal information to us as part of your voluntary participation in any of the TesApp or Three60 Summit UG (limited liability) sweepstakes, the information will be used to design, conduct and process the sweepstakes. Depending on the raffle, this includes the name, the e-mail address and, in the event of a win, the postal address.

We carry out regular surveys with the software „SurveyMonkey“. For some surveys, participants may voluntarily participate in a raffle after stating the name, company and e-mail address. If you participate, the data collected here will be used for internal purposes and will not be passed on to third parties, except the survey tool („SurveyMonkey“) itself. Findings from the survey can be published anonymously.

3.2 Data deletion and storage duration

Your master data will be kept for the duration of the contract. After termination of the business relationship initiated by you, the data will be kept for a maximum of 4 years from your last transaction. If the termination of the business relationship is initiated by us for safety-related reasons or due to a bad debts, we retain your data within a maximum of 5 years after your last transaction.

3.3 Security of your data

Your personal data is protected by us from unauthorized access, use or publication. We ensure that the information you store on the server is located in a controlled and secure environment that prevents unauthorized access and disclosure. Our employees are committed to secrecy and the preservation of data secrecy.

The collection and use of personal data of our users according to paragraph no. 3, only takes place with the consent of the user. Insofar as we obtain the consent of the data subject for processing of personal data, Art. 6 para. 1 lit. a GDPR is the legal basis for the processing of personal data.

An exception applies to cases in which prior consent can not be obtained for real reasons and processing of data is permitted by law. In the case, that processing of personal data is necessary for the performance of the service and enabling the contract to which the data subject is a party, Art. 6 para. 1 lit. b DSGVO is the legal basis. This also applies to processing operations required to carry out pre-contractual actions.

Insofar as processing of personal data is required to fulfill a legal obligation to which we are subject, Art. 6 para. 1 lit. c DSGVO is the legal basis.

If processing is necessary to safeguard the legitimate interests of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not prevail over the first interest, Art. 6 para. 1 lit. f DSGVO is the legal basis for processing.

By using this website you consent to the processing of the data collected about you in the manner described in this statement and for the named purposes. Incidentally, you can generally use the general information on www.Tes.App without disclosing your personal data.

4. Registration and customer login

In the following paragraph we describe the data processing in the context of the registration and the login to an customer account.

4.1 Registration

On our website we offer users the opportunity to register by providing personal information. The data is entered into an input mask and transmitted to us and stored. A transfer of data to third parties does not take place. The following personal data are collected during the registration process:

• E-mail address, password, security answer

Optionally, the following personal data are collected:

• Name, date of birth, mobile phone number, address and payment details

Furthermore, the following personal data are collected:

• IP address
• Date and time of registration

Your data, with the exception of your IP address, will be kept for the entire duration of the contract, but for a maximum of 4 or 5 years after termination of the business relationship, depending on the manner in which the business relationship as defined in 2.2 has been terminated. After expiry of these deadlines, all data relating to you will be irretrievably deleted, unless there are statutory retention periods. During the retention period, the personal data required for commercial and tax obligations will be completely blocked on your account and will no longer be accessible to other data processing operations. We always delete your IP address after 6 months.

4.2 Login to the customer account

We set up a password-protected direct access to stored inventory data (customer account) for each customer who registers accordingly. Here you can view data about your products used as well as individual settings and manage your data and the newsletter. You agree to treat the personal access data confidential and do not make it accessible to unauthorized third parties. We can not accept liability for misused passwords unless we are responsible for the abuse. Unless you log out, you will automatically stay logged in. This feature allows you to use some of our services without having to log in again each time. For security reasons, however, you should always use the logout function after use.

The legal basis for the processing of this data for registration and customer login, which are required to fulfill a contract or to carry out pre-contractual measures, is Art. 6 para. 1 lit. b DSGVO.

5. Recording log files for statistical purposes

Each time you access our pages, usage data is transmitted through the respective Internet browser and stored in log files, the so-called server log files. The records stored in this case contain the following data:

• Date and time of the call,
• Name of the called page,
• IP address,
• Referrer URL (origin URL from which you came to the web pages),
• the transferred amount of data, as well
• Product and version information of the used browser.

The IP addresses of the users will be deleted or anonymized after the end of use. In the case of anonymization, the IP addresses are changed in such a way that the details of personal or factual circumstances can no longer be assigned to a specific or identifiable natural person, or only with a disproportionately large amount of time, cost and manpower. We evaluate these log file records anonymously in order to further improve our offer and the TesApp pages and to make them more user-friendly, to find and fix errors faster and to control server capacities. For example, it can be understood at what time the use of the TesApp pages is particularly popular and provide the appropriate volume of data to ensure the fastest possible product performance. In addition, by analyzing the log files, we can more quickly detect and fix any errors on the TesApp pages.

6. Cookies

„Cookies“ are small files that allow us to store on your PC or other device specific information related to you, the user, while you use the offer on our websites and our products. Cookies, for example, help us to determine the frequency of use and the number of users of our services, as well as to make our offers as comfortable, efficient and interesting as possible for you. There are two types of cookies: session cookies and persistent cookies.

Session cookies are deleted as soon as you end the session. Temporary and permanent cookies are stored on the medium for a longer period of time or indefinitely. The cookies used on the site are not personal. With the activation of a cookie this receives only an identification number. Personal data such as name, IP address or similar are assigned to this identification number at any time. Using cookie technology, we only receive anonymous information, such as which pages on our website have been visited, and so on.

The following cookies are set by Three60 Summit (limited liability) in particular:

• Last Click (for session timeout, lifetime: one session)
• session cookie (for session detection, lifetime: one session)
• ever cookie (for detecting new / repeat customer).

Most of the cookies we use are session cookies, which are necessary to keep your visit consistent, e.g. to ensure that you will not need to log back in to preserve your preferences, preferences, or other information entered during the web apps. In addition, we need session cookies to ensure that a specific offer you have clicked is associated with your request (for example, promotional offers). These session cookies are automatically deleted at the end of the session. In addition, we use cookies to detect when you later visit the website, if you are particularly interested in certain offers, which allows us to display such targeted offers on the site. Such an assignment will only be made by using abstract, and non-personal criteria (such as „Weather Web App Premium“). The cookies have a lifetime of one year and are then automatically deleted.

6.1 Third party cookies

We serve a few user analytics services and advertisers who help us to make the web apps and websites more interesting to you. Therefore, when visiting our websites, cookies from affiliate companies may be stored on your hard drive. These are temporary / permanent cookies that automatically delete after the specified time. These temporary or permanent cookies (lifetime 14 days to 10 years) are stored on your hard disk and delete themselves after the specified time. The cookies of our partner companies also contain pseudonymous only, mostly even anonymous data. For example, this may include information about which products you have viewed, whether something has been purchased, which products have been searched, etc. In doing so, some of our advertisers are also gathering information beyond our web pages, e.g. as which pages you have previously visited or if you are interested in certain products. These pseudonymous data will never be merged with your personal information. Their sole purpose is to allow our affiliates to target you with advertisements that may actually interest you. You can prevent the setting of these cookies by deactivating the acceptance of third-party cookies in your Internet browser.

6.2 Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. („Google“). Google Analytics uses so-called „cookies“, text files that are stored on your computer or mobile device and that allow an analysis of your use of the website. The information generated by the cookie about your use of this website (including your IP address) will be transmitted to and stored by Google on servers in the United States. However, if IP anonymization is activated on this website, your IP address will be shortened by Google beforehand 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 sent to a Google server in the US and get shortened there.

Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators, and providing other services related to website activity and internet usage, including, but not limited to, Google Analytics demographics and interest reporting, Google Analytics Demographics and Interest Reporting allows us to collect data from Google’s interest-based advertising and / or third-party data about our advertising audience (e.g. age, gender, and interests) in conjunction with Google Analytics for targeted and optimized advertising, strategies, and the content of our website use.

Google may also transfer this information to third parties if required by law or as far as third parties process this data on behalf of Google. Google will never associate your IP address with other data stored by Google.
You can prevent the storage of cookies by a corresponding setting of your browser software; however, please note that if you do this, you may not be able to use all the features of this website to the fullest extent possible. You may also prevent the collection by Google of the data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of this data by Google by using the browser plug-in available under the following link for download and installation: http://tools.google.com/dlpage/gaoptout?hl=de.

This website uses Google Analytics with the extension „anonymizeIp ()“. As a result, IP addresses are processed shortened, a person-relatedness can be excluded. Insofar as the data collected about you is assigned a personal reference, it will be immediately excluded and the personal data will be deleted immediately.

We use Google Analytics to analyze and regularly improve the use of our website. With the statistics we can improve our offer and make it more interesting for you as a user. For the exceptional cases in which Personal Information is transferred to the US, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US Framework.

Third-party information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms of Use: http://www.google.com/analytics/terms/en.html, Privacy Policy: http://www.google.com/intl/de/analytics/learn/privacy.html, and the Privacy Policy: http://www.google.com/intl/en/policies/privacy.

This site also uses Google Analytics for cross-device analysis of visitor traffic conducted through a user ID. You can disable cross-device analysis of your usage in your Google Account under My Data, Personal Information.

6.3. Prevent the storage of cookies

You can disable the storage of cookies in your browser, limit them to certain websites or set your browser to notify them when a cookie is sent. You can also delete cookies from your PC’s hard drive at any time. We point out, however, that in this case you may not be able to use all the functions of this website in full. For shared computers that are set to accept cookies, we recommend that you log out completely at the end of each session.

The execution of the aforementioned data processing operations and in the pursued purposes is in our legitimate interest. For this purpose, Art. 6 para. 1 lit. f DSGVO is the legal base.

7. Use of your data for advertising purposes

In addition to processing your data when using the TesApp Sites we also use your information to communicate with you about your orders, specific products or marketing promotions, and to recommend products or services that may interest you. You may revoke the use of your personal data for advertising purposes or for individual tracking at any time. A textual message (e.g. e-mail, letter) to the contact details referred to in point 1 is sufficient.

7.1 Personalized Advertising (Newsletter)

On our website it is possible to subscribe to a free newsletter. This is based on your prior consent to our Newsletter Data Privacy Policy (((LINK))). The data from the input mask are transmitted to us when registering for the newsletter. With the newsletter dispatch we inform you about current products and services, which correspond to your personal interests.
For this reason we collect your e-mail address. For the identification of your e-mail address we use the so-called double opt-in procedure. We will not send you a newsletter by e-mail until you have explicitly confirmed to us that we should activate the newsletter service. We will then send you a notification e-mail asking you to confirm that you wish to receive our newsletter by clicking on a link in this e-mail. Should you no longer want to receive newsletters from us at a later point of time, you can revoke your consent at any time. A textual message to the contact details referred to in point 1 (e.g. e-mail, letter) is sufficient. Of course, you will also find in every newsletter an unsubscribe link.

The purpose of the procedure is to prove your registration and, if necessary, to inform you about possible misuse of your personal data. In order to provide you with interest-related information in the newsletter, we need to personalize your data. For this we evaluate the following data:

• Master data (name, address, date of birth)
• your used products
• frequency of use (frequency of use of the products).

We will delete your information as soon as it is no longer necessary to achieve the purpose of its survey. The user’s e-mail address or mobile number is therefore stored for the purpose for which the subscription to the newsletter is active. In connection with the processing of data for the sending of newsletters, there is no disclosure of the data to third parties. The data will be used exclusively for sending the newsletter.

The legal basis for the processing of the data after the user has registered for the newsletter is the consent of the user under Art. 6 para. 1 lit. GDPR.

7.2 Non-personalized advertising (e-mail)

If you purchase offers or services on our website and deposit your e-mail address, we may subsequently use it to send you a (not personalized) newsletter. These product recommendations are provided by us, regardless of whether you have subscribed to a newsletter. In this way, we want to provide you with information about products from our offering that you may be interested in and based on your recent purchases from us. We comply strictly with the legal requirements. If you do not want to receive any product recommendations or advertising messages from us, you can revoke this at any time. A textual message to the contact details referred to in point 1 (e.g. e-mail, letter) is sufficient. Of course, you will also find an unsubscribe link in every e-mail.

The legal basis for sending the non-personalized newsletter is based on the provision of services by § 7 (3) UWG.

8. Other used third-party services

Here you will find other services we use to ensure the functionality of our products and services.

8.1 Google Maps

Our services and servers use the Google Maps API application. This allows us to link your position to places and automatically or comfortably display information for your current position. This application is essential to parts of our functions and services. You can view the Google Terms of Service here: https://policies.google.com/terms?hl=en.

The additional terms of use for Google Maps / Google Earth can be found here: https://www.google.com/help/terms_maps.html.
Google’s privacy policy can be found at https://www.google.com/intl/en/policies/privacy/.

We use Google Maps to determine the current location of your vehicle and to provide you with location-specific information based on it (so-called POIs). In addition, we use Google Maps to translate geo-positions into addresses and display them on our web pages. There is only an anonymous transmission of this data to Google. A conclusion on your person is excluded. Opt-Out: https://adssettings.google.com/authenticated.

The legal basis for the processing of this data, which is required to fulfill the contract, is Art. 6 para. 1 lit. b DSGVO.

8.2 OpenWeatherMap

Our services and servers use the OpenWeatherMap API application. This allows us to associate your position with weather data and automatically or conveniently show you weather information for your current position. This application is essential to parts of our functions and services. You can view the OpenWeatherMap Terms of Use here: https://openweathermap.org/terms.

The privacy policy of OpenWeatherMap can be found at: https://openweathermap.org/privacy-policy.

We use OpenWeatherMap to provide you with location-specific information based on your position. There is only an anonymous transmission of your data to OpenWeatherMap. A conclusion on your person is excluded.

The legal basis for the processing of this data, which is required to fulfill the contract, is Art. 6 para. 1 lit. b DSGVO.

9. Use of service providers and data transmission to third countries

We use service providers to provide services and to process your data relating to our services and products. The service providers process the data exclusively in accordance with our instructions and have been obliged to comply with the applicable data protection regulations. All processors have been carefully selected and will only have access to your data required for the provision of the Services to the extent and for the period required, or to the extent to which you have consented to the processing and use of the data.

If we process data in a third country (e.g. outside the European Union (EU) or the European Economic Area (EEA) or in the context of the use of third party services or disclosure or transmission of data to third parties, this will only be done if it is to fulfill our (pre) contractual obligations, on base of your consent, on base of a legal obligation or on base of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only in presence of the special conditions of Art. 44 et seq. DSGVO. Means, processing takes place e.g. on the basis of specific guarantees, such as the officially recognized level of data protection (eg for the US through the Privacy Shield) or compliance with officially recognized special contractual obligations (so-called „standard contractual clauses“).

10. Linking to websites of other online services

Online services of other providers, which are linked on this website, are responsible for the compliance with the legal regulations on data protection on their own. In general, these online services also have their own privacy policy, which are relevant in respect to their services. We hereby declare that we do not assume any responsibility or liability for these websites.

11. Rights, in particular information, revocation, cancellation, data transfer rights

You will receive information about your stored data free of charge at any time without giving reasons. You can also revoke your consent at any time with effect for the future. Three60 Summit commits itself to the cancellation of personal data, unless a deletion is contrary to mandatory legal storage requirements. The deletion of your personal data is usually done within a maximum of 5 working days after assertion.

It is pointed out that revoking all data processing operations can lead to limitation and suspension of execution of our business relationship as well as of execution of individual functions and achievements. In the event that you ask for your personal information, we will provide you or another person in charge, if you wish, with the data in a structured, common and machine-readable format. The latter, however, only if this is technically possible. All rights can be formally requested and requested either by e-mail or by post at the contact details specified in section 1 of this privacy policy.

You have the right to lodge a complaint with the competent supervisory authority against processing of your personal data, if you see your rights violated in accordance with the GDPR.
Please also consider the relevant data protection instructions in our General Terms and Conditions, which you can find at www.Tes.App/terms.

12. Change of the privacy policy

We reserve the right to change this privacy policy at any time in accordance with the applicable data protection regulations. Please check therefore the current state of the data protection regulations, which can be found under www.Tes.App/privacy, regularly.