Data privacy statement regarding our social media appearances

I. Responsible persons with regard to joint control in social media

tink GmbH
Address: Gipsstraße 15, 10119 Berlin
E-Mail: impressum@tink.de
Homepage: www.tink.de

is maintaining appearances in the following social media:

Therefore, we use the services of:

  • Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA and Facebook Ireland Ltd., 4 Grand Canal Square Grand Canal Harbour, Dublin 2, Ireland (“Facebook”)
  • Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA (“Instagram”) and Facebook Ireland Ltd., 4 Grand Canal Square Grand Canal Harbour, Dublin 2, Ireland
  • LinkedIn Ireland, Wilton Plaza, Wilton Place, Dublin 2, Ireland and LinkedIn Corporation, 1000 W. Maude Ave., Sunnyvale, California 94085, USA (“LinkedIn”)
  • YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA (“YouTube”) represented by: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, Data processing for the European Economic Area and for Switzerland is carried out by: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”)

Pursuant to judgement of the European Court of Justice the operators of social media sites and the operators of social media services act as joint controllers. (http://curia.europa.eu/juris/document/document.jsf?text=&docid=202543&pageIndex=0&doclang=DE&mode=req&dir=&occ=first&part=1&cid=298398).

We would like to point out that you use our social media appearances and its functions in your own authority. This applies especially to the use of interactive features such as commenting on posts, sharing of posts and rating posts. In case you do not want to use social media to inform yourself about our company you may also find the information published on our website under the following link: www.tink.de.

II. Data protection officers

Our data protection officer is:

Kemal Webersohn of Webersohn & Scholtz GmbH

If you have questions about data protection, you can contact Webersohn & Scholtz via the following email address:

tink@ws-datenschutz.de

or by post:

WS Datenschutz GmbH
Dircksenstraße 51
D-10178 Berlin
Startseite - Webersohn & Scholtz (webersohnundscholtz.de).

The data protection officer of the respective social media operator can be reached via the respective social media network:

The data privacy officer of Facebook and Instagram can be reached via the following contact link: https://www.facebook.com/help/contact/540977946302970.

The data privacy officer of LinkedIn can be reached via the following contact link: https://www.linkedin.com/help/linkedin/ask/TSO-DPO.

The data privacy officer of Google and YouTube can be reached via the following contact link: https://twitter.ethicspointvp.com/custom/twitter/forms/data/form_data.asp.

The data protection officer of WhatsApp can be reached by the following contact form: WhatsApp Impressum.

III. Data processing in social media with regard to the operators of social media

When visiting our social media appearances, the social media operators may collect personal data, such as your IP address and further information gathered using cookies. Personal data will be used to provide us with statistical feedback about the use of our social media appearance. The collected personal data will be processed by the social media operator and may be transferred to countries outside the European Union. The information the operator of the respective social network receives and how it is used is described in the privacy statements of each social network. You can also find their contact information there.

Further information can be found under the following links:

As it is not conclusively and clearly stated by the social media operators, it is unknown to us in what way the social media operators use data, gathered from visits to our social media site, for their own purposes, to what extent activities on the social media site are attributed to individual users, how long the operators store this data and whether data from the social media sites is shared with third parties.

When visiting our social media appearances, the IP address of your device will be disclosed to the operator of the social network. Social media networks additionally store information on their user’s devices so that they might be able to match IP addresses to individuals.

If you are currently logged in to the respective social network as a user, you will find a cookie with your individual identifier in this social network on your device. This will allow you to understand that you visited a page and how you used it. Based on this data content or advertising can be tailored to suit you.

If you want to avoid this, you should log out of the respective social network or deactivate the function "stay logged in", delete the existing cookies on your device and stop and restart your browser. In this way, login information which you can be immediately identified by, will be deleted. This allows you to use our social media appearances without revealing your identifier. When you access interactive features of our social media appearance (like, comment, share, news, etc.), a login screen will appear. After logging in, you will be again recognizable as a specific user / user for the used social network.

For information on how to manage or delete existing information within the social media network, refer to the support pages listed above for each social network.

IV. tink GmbH’s data processing with regard to its social media appearances

1. Type and scope of data processing

We may process the information you provide to us via our social media appearances, including your user name and content posted through your account, to react to your messages. In addition, your published posts, reviews and comments refer to your account in the respective social network. If you mention us using “@”, “#“ or other, this mention may be published in our social media appearance with regard to your user name. In this way data you published in a social media network may be included in our social media appearance in this network and thusly be accessible to other users of the respective social network. If you “like”, “follow” our social media appearance or interact with it in a similar way, we will be notified by the respective social media network with your username and link to your account.

We additionally collect and process the following data based on your interaction with our social media appearance:

  • Aggregated Insight data provided to us by Facebook
  • Your name if you've seen a video ad as part of a awareness campaign to target you for a retargeting campaign
  • Your interactions with our social media presences to generate targeted advertising speeches
  • Your contact details and message, if you contact us via social media to respond to your request

2. Legal basis of data processing

The legal basis for data processing is Art. 6 para. 1 s. 1 lit. f) GDPR. Our legitimate interests are to provide information about our company and to keep in contact with our customers and prospective customers.

3. Purpose of data processing

We process personal data provided by you in this context exclusively for the purpose of customer communication and prospective customer communication. Our legitimate interest is to offer a platform where we can provide you with up-to-date information about our company and are able to quickly respond to your requests.

4. Duration of storage

Your data will be stored in accordance to the storage periods of the respective social media network and will be deleted whenever possible when cancelling a social media appearance.

5. WhatsApp on our Facebook profile

a. Description and scope of data processing

On our Facebook profile (https://www.facebook.com/tink.de/) you have the opportunity to contact us via WhatsApp. This is possible if you have WhatsApp installed or are installing it on your device or if you are using WhatsApp Web. Responsible for data processing jointly with us is: WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbor Dublin 2, Ireland.

If you have WhatsApp installed, we automatically receive the following information from WhatsApp when you contact us via WhatsApp:

  • Your phone number
  • Your WhatsApp username
  • Your profile picture
  • Your profile info
  • Your status, if applicable
  • If applicable, when you were last online on WhatsApp
  • Your message
  • If applicable, whether you have received and / or read our news

When using WhatsApp Web, we automatically receive the following information from WhatsApp through the link:

  • Your phone number
  • Numeric social media ID
  • First and Last Name
  • Gender
  • Username on WhatsApp
  • Has the account been verified, for example "Yes"
  • Message
  • Link to your public profile on the selected social media service.

For more information on how WhatsApp Web works and the privacy settings of your social media account, please refer to the data protection information: https://www.whatsapp.com/legal/?lang=de.

b. Legal basis for data processing

Contact via WhatsApp and the associated disclosure of your data is voluntary. The processing is based on Art. 6 para. 1 s. 1 lit. a) GDPR.

c. Purpose of data processing

With the data processing we aim to enable a simple and for many people everyday communication channel. This makes it easier for you and us to quickly exchange general service information and tips in the event of problems with the use of our services.

d. Duration of storage

Your data will be deleted as soon as the purpose of the data processing has been achieved and no legal, contractual or official regulations prevent deletion. On the part of tink, this happens at regular intervals of six months, unless the communication has resulted in a contractual relationship and the communication data may be processed for this purpose.

e. Right to objection and erasure

Contact via WhatsApp is voluntary and can be ended at any time. You have the option of withdrawing your consent to data processing, see Art. 7 GDPR. A revocation takes effect from the point in time at which it is pronounced. It has an effect for the future. You can withdraw your consent at any time. This can be done by telephone, post, email or other means. The extent to which your data is disclosed depends on your individual privacy settings in WhatsApp Messenger. More on this here: https://www.whatsapp.com/legal/?lang=de#privacy-policy-managing-and-deleting-your-information.

V. Your rights

You have the following rights with respect to the personal data concerning you:

1. Right to withdraw a given consent (Art. 7 GDPR)

If you have given your consent to the processing of your data, you can withdraw it at any time. This will affect the admissibility of processing your personal data by the controller for the time after you have withdrawn your consent. To withdraw your consent, contact the controller personally or in written form.

2. Right of access (Art. 15 GDPR)

You have the right to obtain from the controller confirmation as to whether or not personal data concerning you are being processed by it, and, where that is the case, access to your personal data and the following information:

  • the purpose of processing;
  • the categories of personal data concerned;
  • the recipients or the categories of recipient to whom your personal data have been or will be disclosed, in particular recipients in countries outside of the EU or international organisations;
  • where possible, the envisaged period for which your personal data will be stored, or, if not possible, the criteria used to determine that period;
  • all available information on the source of your personal data;
  • the existence of automated decision-making, including profiling, referred to Art. 22 Para. 1 and 4 GDPR and, in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you.

In the case of such a request, you must provide enough information about your identity to proof that the request concerns your own personal data.

3. Right to rectification and erasure (Art. 16, 17 GDPR)

You have the right to obtain from the controller without undue delay the rectification and completion of inaccurate personal data concerning yourself.

You may also request the deletion of your personal data if any of the following applies to you:

  • the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed;
  • you withdraw consent on which the processing is based according to Art. 6 Para. 1 s.1 lit. a) or Art. 9 Para. 2 lit. a) GDPR, and where there is no other legal ground of processing;
  • you object to the processing pursuant to Art. 21 Para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the you object to the processing pursuant to Art. 21 Para. 2 GDPR;
  • the personal data have been unlawfully processed;
  • the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which we are subject;
  • the personal data have been collected in relation to the offer of information society services referred to in Art. 8 Para. 1.

Where the personal data has been made public and the controller is obliged to erase the personal data pursuant to Art. 17 Para. 1 GDPR, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

These rights shall not apply to the extent that processing is necessary:

  • for exercising the right of freedom of expression and information;
  • for compliance with a legal obligation which requires processing by Union or Member State law to which we are 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;
  • for reasons of public interest in the area of public health in accordance of Art. 9 Para. 2 lit. h) and i) as well as Para. 9 Para. 3 GDPR;
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 Para. 1 GDPR, in so far as the right referred to above is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
  • for the establishment, exercise or defence of legal claims.

4. Right to restriction of processing (Art. 18 GDPR)

You shall have the right to obtain from the controller restriction of processing where one of the following applies:

  • the accuracy of the personal data is contested by you, for a period enabling the controller to verify the accuracy of the personal data;
  • the processing is unlawful and you oppose the erasure of the personal data and request 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 you for the establishment, exercise or defence of legal claims;
  • you have objected to processing pursuant to Art. 21 Para. 1 GDPR pending the verification whether the legitimate grounds of the controller override yours.

Where processing has been restricted under the aforementioned conditions, such personal data shall, except for storage, only be processed with your consent or for the establishment, exercise or defence 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 of a Member State.

If the limitation of the processing is restricted, you will be informed by the controller before the restriction is lifted.

5. Right to information (Art. 19 GDPR)

If you have asserted the controller your right to rectification, deletion or restriction of data processing, the controller will inform all recipients of your personal data to correct, delete or restrict the processing of data, unless this proves impossible or involves disproportionate effort.

You also have the right to know which recipients have received your personal data.

6. Right to data portability (Art. 20 GDPR)

You have the right to receive your personal data, which you provided to a controller, in a structured, commonly used and machine-readable format. Also, you have the right to transmit those data to another controller, where

  • the processing is based on consent pursuant of Art. 6 Para. 1 S.1 lit. a) GDPR or of Art. 9 Para. 2 lit. a) GDPR or is based on a contract pursuant of Art. 6 Para. 1 S. 1 lit. b) DS-GVO; and
  • the processing is carried out by automated means.

In exercising your right to data portability, you have the right to obtain that personal data transmitted directly from one controller to another controller, as far as technically feasible. 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 that has been delegated to the controller.

7. Right to object (Art. 21 GDPR)

Where the controller based the processing of your personal data on a legitimate interest (Art. 6 Para. 1 S. 1 lit. f) GDPR), you may object to the processing. The same applies if the data processing is based on Art. 6 Para. 1 S. 1 lit. e).

In this case, please explain the reasons why the controller should not process your personal data. Based on this the controller will terminate or adapt the data processing or show you our legitimate reasons why the controller continues the data processing.

8. Right to lodge a complaint with supervisory authority (Art. 77 GDPR)

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you is against the infringes of the GDPR.

The supervisory authority to which the complaint has been submitted shall inform you of the status and results of the complaint, including the possibility of a judicial remedy according to Article 78 GDPR.

9. How to exercise these rights

To exercise these rights, please contact the responsible data security officer whose contact details you can find under point 2. If you have any questions about us, you can reach us under the contact details listed under point 1.

Further information on social media networks and how you can protect your data can also be found at: https://youngdata.de.

VI. Subject to Change

We reserve the right to change this privacy policy in compliance with legal requirements.

May 2021