Privacy Policy

Privacy Policy

We are very delighted that you have shown interest in our enterprise.
Data protection is of a particularly high priority for the management of
the TAP GmbH. The use of the Internet pages of the TAP GmbH is possible without any
indication of personal data; however, if a data subject wants to use
special enterprise services via our website, processing of personal data
could become necessary. If the processing of personal data is necessary and
there is no statutory basis for such processing, we generally obtain
consent from the data subject.

The processing of personal data, such as the name, address, e-mail
address, or telephone number of a data subject shall always be in line with
the General Data Protection Regulation (GDPR), and in accordance with the
country-specific data protection regulations applicable to the TAP GmbH. By
means of this data protection declaration, our enterprise would like to
inform the general public of the nature, scope, and purpose of the personal
data we collect, use and process. Furthermore, data subjects are informed,
by means of this data protection declaration, of the rights to which they
are entitled.

As the controller, the TAP GmbH has implemented numerous technical and
organizational measures to ensure the most complete protection of personal
data processed through this website. However, Internet-based data
transmissions may in principle have security gaps, so absolute protection
may not be guaranteed. For this reason, every data subject is free to
transfer personal data to us via alternative means, e.g. by telephone.

1. Definitions

The data protection declaration of the TAP GmbH is based on the terms used by
the European legislator for the adoption of the General Data Protection
Regulation (GDPR). Our data protection declaration should be legible and
understandable for the general public, as well as our customers and
business partners. To ensure this, we would like to first explain the
terminology used.

In this data protection declaration, we use, inter alia, the following
terms:

  • a) Personal data

    Personal data means any information relating to an identified or
    identifiable natural person (“data subject”). An identifiable natural
    person is one who can be identified, directly or indirectly, in particular
    by reference to an identifier such as a name, an identification number,
    location data, an online identifier or to one or more factors specific to
    the physical, physiological, genetic, mental, economic, cultural or social
    identity of that natural person.

  • b) Data subject

    Data subject is any identified or identifiable natural person, whose
    personal data is processed by the controller responsible for the
    processing.

  • c) Processing

    Processing is any operation or set of operations which is performed on
    personal data or on sets of personal data, whether or not by automated
    means, such as collection, recording, organisation, structuring, storage,
    adaptation or alteration, retrieval, consultation, use, disclosure by
    transmission, dissemination or otherwise making available, alignment or
    combination, restriction, erasure or destruction.

  • d) Restriction of processing

    Restriction of processing is the marking of stored personal data with
    the aim of limiting their processing in the future.

  • e) Profiling

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

  • f) Pseudonymisation

    Pseudonymisation is the processing of personal data in such a manner
    that the personal data can no longer be attributed to a specific data
    subject without the use of additional information, provided that such
    additional information is kept separately and is subject to technical and
    organisational measures to ensure that the personal data are not attributed
    to an identified or identifiable natural person.

  • g) Controller or controller responsible for the processing

    Controller or controller responsible for the processing is the natural
    or legal person, public authority, agency or other body which, alone or
    jointly with others, determines the purposes and means of the processing of
    personal data; where the purposes and means of such processing are
    determined by Union or Member State law, the controller or the specific
    criteria for its nomination may be provided for by Union or Member State
    law.

  • h) Processor

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

  • i) Recipient

    Recipient is a natural or legal person, public authority, agency or
    another body, to which the personal data are disclosed, whether a third
    party or not. However, public authorities which may receive personal data
    in the framework of a particular inquiry in accordance with Union or Member
    State law shall not be regarded as recipients; the processing of those data
    by those public authorities shall be in compliance with the applicable data
    protection rules according to the purposes of the processing.

  • j) Third party

    Third party is a natural or legal person, public authority, agency or
    body other than the data subject, controller, processor and persons who,
    under the direct authority of the controller or processor, are authorised
    to process personal data.

  • k) Consent

    Consent of the data subject is any freely given, specific, informed and
    unambiguous indication of the data subject’s wishes by which he or she, by
    a statement or by a clear affirmative action, signifies agreement to the
    processing of personal data relating to him or her.

2. Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation
(GDPR), other data protection laws applicable in Member states of the
European Union and other provisions related to data protection is:

TAP GmbH

Behringstr. 16a

22765 Hamburg

D

Phone: +49-40-50745044

Email: dsg@tap-gmbh.com

Website: www.tap-gmbh.com

3. Cookies

The Internet pages of the TAP GmbH use cookies. Cookies are text files that
are stored in a computer system via an Internet browser.

Many Internet sites and servers use cookies. Many cookies contain a
so-called cookie ID. A cookie ID is a unique identifier of the cookie. It
consists of a character string through which Internet pages and servers can
be assigned to the specific Internet browser in which the cookie was
stored. This allows visited Internet sites and servers to differentiate the
individual browser of the dats subject from other Internet browsers that
contain other cookies. A specific Internet browser can be recognized and
identified using the unique cookie ID.

Through the use of cookies, the TAP GmbH can provide the users of this
website with more user-friendly services that would not be possible without
the cookie setting.

By means of a cookie, the information and offers on our website can be
optimized with the user in mind. Cookies allow us, as previously mentioned,
to recognize our website users. The purpose of this recognition is to make
it easier for users to utilize our website. The website user that uses
cookies, e.g. does not have to enter access data each time the website is
accessed, because this is taken over by the website, and the cookie is thus
stored on the user’s computer system. Another example is the cookie of a
shopping cart in an online shop. The online store remembers the articles
that a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies
through our website by means of a corresponding setting of the Internet
browser used, and may thus permanently deny the setting of cookies.
Furthermore, already set cookies may be deleted at any time via an Internet
browser or other software programs. This is possible in all popular
Internet browsers. If the data subject deactivates the setting of cookies
in the Internet browser used, not all functions of our website may be
entirely usable.

4. Collection of general data and information

The website of the TAP GmbH collects a series of general data and information
when a data subject or automated system calls up the website. This general
data and information are stored in the server log files. Collected may be
(1) the browser types and versions used, (2) the operating system used by
the accessing system, (3) the website from which an accessing system
reaches our website (so-called referrers), (4) the sub-websites, (5) the
date and time of access to the Internet site, (6) an Internet protocol
address (IP address), (7) the Internet service provider of the accessing
system, and (8) any other similar data and information that may be used in
the event of attacks on our information technology systems.

When using these general data and information, the TAP GmbH does not draw any
conclusions about the data subject. Rather, this information is needed to
(1) deliver the content of our website correctly, (2) optimize the content
of our website as well as its advertisement, (3) ensure the long-term
viability of our information technology systems and website technology, and
(4) provide law enforcement authorities with the information necessary for
criminal prosecution in case of a cyber-attack. Therefore, the TAP GmbH analyzes
anonymously collected data and information statistically, with the aim of
increasing the data protection and data security of our enterprise, and to
ensure an optimal level of protection for the personal data we process. The
anonymous data of the server log files are stored separately from all
personal data provided by a data subject.

5. Contact possibility via the website

The website of the TAP GmbH contains information that enables a quick
electronic contact to our enterprise, as well as direct communication with
us, which also includes a general address of the so-called electronic mail
(e-mail address). If a data subject contacts the controller by e-mail or
via a contact form, the personal data transmitted by the data subject are
automatically stored. Such personal data transmitted on a voluntary basis
by a data subject to the data controller are stored for the purpose of
processing or contacting the data subject. There is no transfer of this
personal data to third parties.

6. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the
data subject only for the period necessary to achieve the purpose of
storage, or as far as this is granted by the European legislator or other
legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period
prescribed by the European legislator or another competent legislator
expires, the personal data are routinely blocked or erased in accordance
with legal requirements.

7. Rights of the data subject

  • a) Right of confirmation

    Each data subject shall have the right granted by the European
    legislator to obtain from the controller the confirmation as to whether or
    not personal data concerning him or her are being processed. If a data
    subject wishes to avail himself of this right of confirmation, he or she
    may, at any time, contact any employee of the controller.

  • b) Right of access

    Each data subject shall have the right granted by the European
    legislator to obtain from the controller free information about his or her
    personal data stored at any time and a copy of this information.
    Furthermore, the European directives and regulations grant the data subject
    access to the following information:

    • the purposes of the processing;
    • the categories of personal data concerned;
    • the recipients or categories of recipients to whom the personal data
      have been or will be disclosed, in particular recipients in third countries
      or international organisations;
    • where possible, the envisaged period for which the personal data will
      be stored, or, if not possible, the criteria used to determine that
      period;
    • the existence of the right to request from the controller rectification
      or erasure of personal data, or restriction of processing of personal data
      concerning the data subject, or to object to such processing;
    • the existence of the right to lodge a complaint with a supervisory
      authority;
    • where the personal data are not collected from the data subject, any
      available information as to their source;
    • the existence of automated decision-making, including profiling,
      referred to in Article 22(1) and (4) of the GDPR and, at least in those
      cases, meaningful information about the logic involved, as well as the
      significance and envisaged consequences of such processing for the data
      subject.

    Furthermore, the data subject shall have a right to obtain information
    as to whether personal data are transferred to a third country or to an
    international organisation. Where this is the case, the data subject shall
    have the right to be informed of the appropriate safeguards relating to the
    transfer.

    If a data subject wishes to avail himself of this right of access, he or
    she may, at any time, contact any employee of the controller.

  • c) Right to rectification

    Each data subject shall have the right granted by the European
    legislator to obtain from the controller without undue delay the
    rectification of inaccurate personal data concerning him or her. Taking
    into account the purposes of the processing, the data subject shall have
    the right to have incomplete personal data completed, including by means of
    providing a supplementary statement.

    If a data subject wishes to exercise this right to rectification, he or
    she may, at any time, contact any employee of the controller.

  • d) Right to erasure (Right to be forgotten)

    Each data subject shall have the right granted by the European
    legislator to obtain from the controller the erasure of personal data
    concerning him or her without undue delay, and the controller shall have
    the obligation to erase personal data without undue delay where one of the
    following grounds applies, as long as the processing is not necessary:

    • The personal data are no longer necessary in relation to the purposes
      for which they were collected or otherwise processed.
    • The data subject withdraws consent to which the processing is based
      according to point (a) of Article 6(1) of the GDPR, or point (a) of Article
      9(2) of the GDPR, and where there is no other legal ground for the
      processing.
    • The data subject objects to the processing pursuant to Article 21(1) of
      the GDPR and there are no overriding legitimate grounds for the processing,
      or the data subject objects to the processing pursuant to Article 21(2) of
      the GDPR.
    • The personal data have been unlawfully processed.
    • The personal data must be erased for compliance with a legal obligation
      in Union or Member State law to which the controller is subject.
    • The personal data have been collected in relation to the offer of
      information society services referred to in Article 8(1) of the GDPR.

    If one of the aforementioned reasons applies, and a data subject wishes
    to request the erasure of personal data stored by the TAP GmbH, he or she may,
    at any time, contact any employee of the controller. An employee of TAP GmbH
    shall promptly ensure that the erasure request is complied with
    immediately.

    Where the controller has made personal data public and is obliged
    pursuant to Article 17(1) to erase the personal data, the controller,
    taking account of available technology and the cost of implementation,
    shall take reasonable steps, including technical measures, to inform other
    controllers processing the personal data that the data subject has
    requested erasure by such controllers of any links to, or copy or
    replication of, those personal data, as far as processing is not required.
    An employees of the TAP GmbH will arrange the necessary measures in individual
    cases.

  • e) Right of restriction of processing

    Each data subject shall have the right granted by the European
    legislator to obtain from the controller restriction of processing where
    one of the following applies:

    • The accuracy of the personal data is contested by the data subject, for
      a period enabling the controller to verify the accuracy of the personal
      data.
    • The processing is unlawful and the data subject opposes the erasure of
      the personal data and requests instead the restriction of their use
      instead.
    • The controller no longer needs the personal data for the purposes of
      the processing, but they are required by the data subject for the
      establishment, exercise or defence of legal claims.
    • The data subject has objected to processing pursuant to Article 21(1)
      of the GDPR pending the verification whether the legitimate grounds of the
      controller override those of the data subject.

    If one of the aforementioned conditions is met, and a data subject
    wishes to request the restriction of the processing of personal data stored
    by the TAP GmbH, he or she may at any time contact any employee of the
    controller. The employee of the TAP GmbH will arrange the restriction of the
    processing.

  • f) Right to data portability

    Each data subject shall have the right granted by the European
    legislator, to receive the personal data concerning him or her, which was
    provided to a controller, in a structured, commonly used and
    machine-readable format. He or she shall have the right to transmit those
    data to another controller without hindrance from the controller to which
    the personal data have been provided, as long as the processing is based on
    consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of
    Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article
    6(1) of the GDPR, and the processing is carried out by automated means, as
    long as the processing is not necessary for the performance of a task
    carried out in the public interest or in the exercise of official authority
    vested in the controller.

    Furthermore, in exercising his or her right to data portability pursuant
    to Article 20(1) of the GDPR, the data subject shall have the right to have
    personal data transmitted directly from one controller to another, where
    technically feasible and when doing so does not adversely affect the rights
    and freedoms of others.

    In order to assert the right to data portability, the data subject may
    at any time contact any employee of the TAP GmbH.

  • g) Right to object

    Each data subject shall have the right granted by the European
    legislator to object, on grounds relating to his or her particular
    situation, at any time, to processing of personal data concerning him or
    her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This
    also applies to profiling based on these provisions.

    The TAP GmbH shall no longer process the personal data in the event of the
    objection, unless we can demonstrate compelling legitimate grounds for the
    processing which override the interests, rights and freedoms of the data
    subject, or for the establishment, exercise or defence of legal claims.

    If the TAP GmbH processes personal data for direct marketing purposes, the
    data subject shall have the right to object at any time to processing of
    personal data concerning him or her for such marketing. This applies to
    profiling to the extent that it is related to such direct marketing. If the
    data subject objects to the TAP GmbH to the processing for direct marketing
    purposes, the TAP GmbH will no longer process the personal data for these
    purposes.

    In addition, the data subject has the right, on grounds relating to his
    or her particular situation, to object to processing of personal data
    concerning him or her by the TAP GmbH for scientific or historical research
    purposes, or for statistical purposes pursuant to Article 89(1) of the
    GDPR, unless the processing is necessary for the performance of a task
    carried out for reasons of public interest.

    In order to exercise the right to object, the data subject may contact
    any employee of the TAP GmbH. In addition, the data subject is free in the
    context of the use of information society services, and notwithstanding
    Directive 2002/58/EC, to use his or her right to object by automated means
    using technical specifications.

  • h) Automated individual decision-making, including profiling

    Each data subject shall have the right granted by the European
    legislator not to be subject to a decision based solely on automated
    processing, including profiling, which produces legal effects concerning
    him or her, or similarly significantly affects him or her, as long as the
    decision (1) is not is necessary for entering into, or the performance of,
    a contract between the data subject and a data controller, or (2) is not
    authorised by Union or Member State law to which the controller is subject
    and which also lays down suitable measures to safeguard the data subject’s
    rights and freedoms and legitimate interests, or (3) is not based on the
    data subject’s explicit consent.

    If the decision (1) is necessary for entering into, or the performance
    of, a contract between the data subject and a data controller, or (2) it is
    based on the data subject’s explicit consent, the TAP GmbH shall implement
    suitable measures to safeguard the data subject’s rights and freedoms and
    legitimate interests, at least the right to obtain human intervention on
    the part of the controller, to express his or her point of view and contest
    the decision.

    If the data subject wishes to exercise the rights concerning automated
    individual decision-making, he or she may, at any time, contact any
    employee of the TAP GmbH.

  • i) Right to withdraw data protection consent

    Each data subject shall have the right granted by the European
    legislator to withdraw his or her consent to processing of his or her
    personal data at any time.

    If the data subject wishes to exercise the right to withdraw the
    consent, he or she may, at any time, contact any employee of the TAP GmbH.

8. Data protection provisions about the application and use of Google
Analytics (with anonymization function)

On this website, the controller has integrated the component of Google
Analytics (with the anonymizer function). Google Analytics is a web
analytics service. Web analytics is the collection, gathering, and analysis
of data about the behavior of visitors to websites. A web analysis service
collects, inter alia, data about the website from which a person has come
(the so-called referrer), which sub-pages were visited, or how often and
for what duration a sub-page was viewed. Web analytics are mainly used for
the optimization of a website and in order to carry out a cost-benefit
analysis of Internet advertising.

The operator of the Google Analytics component is Google Inc., 1600
Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

For the web analytics through Google Analytics the controller uses the
application “_gat. _anonymizeIp”. By means of this application the IP
address of the Internet connection of the data subject is abridged by
Google and anonymised when accessing our websites from a Member State of
the European Union or another Contracting State to the Agreement on the
European Economic Area.

The purpose of the Google Analytics component is to analyze the traffic
on our website. Google uses the collected data and information, inter alia,
to evaluate the use of our website and to provide online reports, which
show the activities on our websites, and to provide other services
concerning the use of our Internet site for us.

Google Analytics places a cookie on the information technology system of
the data subject. The definition of cookies is explained above. With the
setting of the cookie, Google is enabled to analyze the use of our website.
With each call-up to one of the individual pages of this Internet site,
which is operated by the controller and into which a Google Analytics
component was integrated, the Internet browser on the information
technology system of the data subject will automatically submit data
through the Google Analytics component for the purpose of online
advertising and the settlement of commissions to Google. During the course
of this technical procedure, the enterprise Google gains knowledge of
personal information, such as the IP address of the data subject, which
serves Google, inter alia, to understand the origin of visitors and clicks,
and subsequently create commission settlements.

The cookie is used to store personal information, such as the access
time, the location from which the access was made, and the frequency of
visits of our website by the data subject. With each visit to our Internet
site, such personal data, including the IP address of the Internet access
used by the data subject, will be transmitted to Google in the United
States of America. These personal data are stored by Google in the United
States of America. Google may pass these personal data collected through
the technical procedure to third parties.

The data subject may, as stated above, prevent the setting of cookies
through our website at any time by means of a corresponding adjustment of
the web browser used and thus permanently deny the setting of cookies. Such
an adjustment to the Internet browser used would also prevent Google
Analytics from setting a cookie on the information technology system of the
data subject. In addition, cookies already in use by Google Analytics may
be deleted at any time via a web browser or other software programs.

In addition, the data subject has the possibility of objecting to a
collection of data that are generated by Google Analytics, which is related
to the use of this website, as well as the processing of this data by
Google and the chance to preclude any such. For this purpose, the data
subject must download a browser add-on under the link
https://tools.google.com/dlpage/gaoptout and install it. This browser
add-on tells Google Analytics through a JavaScript, that any data and
information about the visits of Internet pages may not be transmitted to
Google Analytics. The installation of the browser add-ons is considered an
objection by Google. If the information technology system of the data
subject is later deleted, formatted, or newly installed, then the data
subject must reinstall the browser add-ons to disable Google Analytics. If
the browser add-on was uninstalled by the data subject or any other person
who is attributable to their sphere of competence, or is disabled, it is
possible to execute the reinstallation or reactivation of the browser
add-ons.

Further information and the applicable data protection provisions of
Google may be retrieved under
https://www.google.com/intl/en/policies/privacy/ and under
http://www.google.com/analytics/terms/us.html. Google Analytics is further
explained under the following Link https://www.google.com/analytics/.

9. Data protection provisions about the application and use of Shariff

On this website, the controller has integrated the component of Shariff.
The Shariff component provides social media buttons that are compliant with
data protection. Shariff was developed for the German computer magazine c’t
and is published by GitHub, Inc.

The developers of the component is GitHub, Inc. 88 Colin P. Kelly Junior
Street, San Francisco, CA 94107, United States.

Typically, the button solutions provided by the social networks already
transmits personal data to the respective social network, when a user
visits a website in which a social media button was integrated. By using
the Shariff component, personal data is only transferred to social
networks, when the visitor actively activates one of the social media
buttons. Further information on the Shariff component may be found in the
computer magazine c’t under
http://www.heise.de/newsticker/meldung/Datenschutz-und-Social-Media-Der-ct-Shariff-ist-im-Usatz-2470103.
Html provided. The use of the Shariff component is intended to protect the
personal data of the visitors of our website and to enable us to integrate
a button solution for social networks on this website.

Further information and the applicable data protection provisions of
GitHub are retrievable under
https://help.github.com/articles/github-privacy-policy/.

10. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing
operations for which we obtain consent for a specific processing purpose.
If the processing of personal data is necessary for the performance of a
contract to which the data subject is party, as is the case, for example,
when processing operations are necessary for the supply of goods or to
provide any other service, the processing is based on Article 6(1) lit. b
GDPR. The same applies to such processing operations which are necessary
for carrying out pre-contractual measures, for example in the case of
inquiries concerning our products or services. Is our company subject to a
legal obligation by which processing of personal data is required, such as
for the fulfillment of tax obligations, the processing is based on Art.
6(1) lit. c GDPR.
In rare cases, the processing of personal data may be necessary to protect
the vital interests of the data subject or of another natural person. This
would be the case, for example, if a visitor were injured in our company
and his name, age, health insurance data or other vital information would
have to be passed on to a doctor, hospital or other third party. Then the
processing would be based on Art. 6(1) lit. d GDPR.
Finally, processing operations could be based on Article 6(1) lit. f GDPR.
This legal basis is used for processing operations which are not covered by
any of the abovementioned legal grounds, if processing is necessary for the
purposes of the legitimate interests pursued by our company or by a third
party, except where such interests are overridden by the interests or
fundamental rights and freedoms of the data subject which require
protection of personal data. Such processing operations are particularly
permissible because they have been specifically mentioned by the European
legislator. He considered that a legitimate interest could be assumed if
the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

11. The legitimate interests pursued by the controller or by a third
party

Where the processing of personal data is based on Article 6(1) lit. f
GDPR our legitimate interest is to carry out our business in favor of the
well-being of all our employees and the shareholders.

12. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is
the respective statutory retention period. After expiration of that period,
the corresponding data is routinely deleted, as long as it is no longer
necessary for the fulfillment of the contract or the initiation of a
contract.

13. Provision of personal data as statutory or contractual requirement;
Requirement necessary to enter into a contract; Obligation of the data
subject to provide the personal data; possible consequences of failure to
provide such data

We clarify that the provision of personal data is partly required by law
(e.g. tax regulations) or can also result from contractual provisions (e.g.
information on the contractual partner).

Sometimes it may be necessary to conclude a contract that the data subject
provides us with personal data, which must subsequently be processed by us.
The data subject is, for example, obliged to provide us with personal data
when our company signs a contract with him or her. The non-provision of the
personal data would have the consequence that the contract with the data
subject could not be concluded.

Before personal data is provided by the data subject, the data subject must
contact any employee. The employee clarifies to the data subject whether
the provision of the personal data is required by law or contract or is
necessary for the conclusion of the contract, whether there is an
obligation to provide the personal data and the consequences of
non-provision of the personal data.

14. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or
profiling.

This Privacy Policy has been generated by the Privacy Policy Generator
of the External
Data Protection Officers
that was developed in cooperation with the Media Law
Lawyers
from WBS-LAW.