Data protection is a key issue for Toni.ai GmbH, especially since the collection and processing of personal data is a central component of the services offered by Toni.ai GmbH. If the processing of personal data is necessary and there is no legal basis for such processing, we generally seek the consent of the data subject. The collection and processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR). Such data may be the name, email address or Facebook ID of the data subject.
By means of a cookie the information and offers on our web pages can be optimized in the sense of the users. Thus, cookies enable us to recognize the users of our website and to make it easier for you as a user to use our Internet pages. The data subject can prevent the setting of cookies through our Internet pages at any time by means of a corresponding setting of the Internet browser used and thus permanently contradict the setting of cookies. Furthermore, already set cookies can be deleted at any time via an internet browser or other software programs.
The Toni.ai GmbH website collects a series of general data and information each time the website is accessed by an affected person or an automated system. This general data and information is stored in the log files of the server. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the internet page from which an accessing system accesses our website (so-called referrers), (4) the sub-web pages which can be accessed via (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information used in the event of attacks on our information technology systems.
When using this general data and information, Toni.ai GmbH does not draw conclusions about the data subject. Rather, this information is required to (1) correctly deliver the contents of our website, (2) to optimize the content of our website and to advertise it, (3) to ensure the continued functioning of our information technology systems and the technology of our website, and ( 4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyberattack. This anonymously collected data and information are therefore statistically and further evaluated by Toni.ai GmbH with the aim of increasing data protection and data security in our company in order to ultimately ensure the best possible level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by an affected person.
By sending a start message to “Toni” or the Toni.ai GmbH (in the following: consignor), I, as a user, consent in accordance with Art. 6 (1) lit. a DSGVO that the sender uses my personal data (eg name and first name, messenger ID, profile picture, messages, the whole list below) for the direct communication and the necessary data processing using the selected messenger. To use this service, an existing messaging account is required at the respective provider.
Listing of personal data used by Toni.ai GmbH to ensure the subscriptions of our messenger services: Facebook Messenger ID, first name, last name, URL to profile picture, language, time zone, gender, date of first and last interaction with the bot; Data provided by the user or collected during operation (preferred language, preferred soccer league, club and player preferences, preferred time for daily roundups, open links (articles) or external websites, all sent by the user to the bot Questions / commands, all answers sent by the bot to the user); Analytics (per User ID) and all messages of the user as well as the “Intents” (questions, actions) of the user.
Your consent to this data processing is always revocable by entering “Stop” in Facebook Messenger. If you, as a user, want to remove all data stored by us and our service provider, send a message with the text “Delete my data” via your messenger.
To provide this service, the technical service provider of Toni.ai GmbH is used as the processor of the consignor.
The website of Toni.ai GmbH contains information that enables fast electronic contact to Toni.ai GmbH as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If an affected person contacts the data controller by e-mail or through a contact form, the personal data provided by the data subject will be automatically saved. Such personal data, voluntarily transmitted by an individual to the controller, is stored for the purpose of processing or contacting the data subject. There is no disclosure of this personal data to third parties.
The Toni.ai GmbH offers the users on a blog, which is on the website of the controller, the opportunity to leave individual comments on individual blog posts. A blog is a web-based, usually public-accessible portal in which one or more people can post articles or write down thoughts in so-called blog posts. The blog posts can usually be commented on by third parties.
If an affected person leaves a comment in the blog published on this website, not only the comments left by the person concerned, but also information on the time of the commentary input and the username (pseudonym) chosen by the person concerned are saved and published. Furthermore, the IP address assigned by the Internet service provider (ISP) of the data subject is also logged. This storage of the IP address is made for security reasons and in the event that the data subject violates the rights of third parties or posts illegal contents by submitting a comment. The storage of such personal data is therefore in the own interest of the controller, so that he could exculpate in case of infringement. There is no disclosure of this personal data to third parties, unless such disclosure is not required by law or the legal defense of the controller.
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of the storage or, as the case may be, by the European directives or regulations or by any other legislator in laws or regulations which the controller was provided for.
If the storage purpose is omitted or if a storage period prescribed by the European directives and regulations or any other relevant legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
a) Right of acknowledgment: Each data subject has the right, as granted by the European Di- rective and Regulatory Authority, to require the controller to confirm whether personal data relating to him / her is being processed. If an affected person wishes to make use of this right of confirmation, they can contact an employee of the controller at any time.
b) Right of access: Any person concerned by the processing of personal data shall have the right granted by the European legislature and the legislature at any time to obtain from the controller information free of charge concerning the personal data stored about him and a copy of that information. Furthermore, the European legislator and regulator has provided the data subject with the following information:– the processing purposes
– the categories of personal data being processed
– the recipients or categories of recipients to whom the personal data have been disclosed or are still being disclosed, in particular to recipients in third countries or to international organizations
– if possible, the planned duration for which the personal data will be stored or, if that is not possible, the criteria for determining that duration
– the existence of a right to rectification or erasure of the personal data concerning him or of a restriction of processing by the controller or a right to object to such processing
– the existence of a right of appeal to a supervisory authority
– if the personal data are not collected from the data subject: All available information on the source of the data
– the existence of automated decision-making, including profiling, in accordance with Article 22 (1) and (4) of the BER, and – at least in these cases – meaningful information on the logic involved and the scope and intended impact of such processing on the data subject.In addition, the data subject has a right of access as to whether personal data has been transmitted to a third country or to an international organization. If that is the case, then the data subject has the right to obtain information about the appropriate guarantees in connection with the transfer.If an interested party wishes to exercise this right to information, they may at any time contact an employee of the controller.
c) Right to rectification: Any person affected by the processing of personal data has the right granted by the European legislator to demand the immediate correction of inaccurate personal data concerning him / her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.If an affected person wishes to exercise this right of rectification, they may, at any time, contact an employee of the controller.
d) Right to be erased (right to be forgotten): Any person affected by the processing of personal data shall have the right granted by the European directive and regulatory authority to require the controller to immediately erase the personal data concerning him, provided that one of the personal data protection systems in question the following reasons and where processing is not required:
– The personal data has been collected for such purposes or otherwise processed for which they are no longer necessary.
– The data subject withdraws the consent on which the processing was based on Article 6 (1) (a) of the GDPR or Article 9 (2) (a) of the GDPR and lacks any other legal basis for the processing.
– The data subject submits an objection to the processing in accordance with Article 21 (1) DS-GVO, and there are no legitimate reasons for the processing, or the data subject appeals in accordance with Article 21 (2) of the GDPR the processing.
– The personal data were processed unlawfully.
– The deletion of personal data is required to fulfill a legal obligation under Union or national law, to which the controller is subject.
– The personal data were collected in relation to information society services offered pursuant to Art. 8 para. 1 DS-BER.
If one of the above reasons is correct and an affected person wishes to arrange for the deletion of personal data stored at Toni.ai GmbH, they may at any time contact an employee of the controller. The employee of Toni.ai GmbH GmbH will arrange that the request for cancellation be fulfilled immediately.
If the personal data have been made public by Toni.ai GmbH and if our company is responsible for deleting personal data as the person responsible according to Art. 17 para. 1 DS-GVO, Toni.ai GmbH will take appropriate measures, taking into account the available technology and the implementation costs Measures, including those of a technical nature, to inform other data controllers processing the published personal data that the data subject has deleted from all other data controllers any links to such personal data or from copies or replications requested this personal data, as far as the processing is not necessary. The employee of Toni.ai GmbH will arrange the necessary in individual cases.
e) Right to restriction of processing: Any person affected by the processing of personal data shall have the right granted by the European directive and regulatory authority to require the controller to restrict the processing if one of the following conditions is met:
– The accuracy of the personal data is disputed by the data subject for a period of time that enables the person responsible to verify the accuracy of the personal data.
– The processing is unlawful, the data subject refuses to delete the personal data and instead requests the restriction of the use of the personal data.
– The controller no longer needs the personal data for the purposes of processing, but the data subject requires them to assert, exercise or defend legal claims.
– The person concerned has objected to the processing acc. Art. 21 para. 1 DS-GVO and it is not yet clear whether the legitimate reasons of the person responsible outweigh those of the person concerned.
If one of the above-mentioned conditions exists and an affected person wishes to request the restriction of personal data stored at Toni.ai GmbH, he may at any time contact an employee of the controller. The employee of Toni.ai GmbH will initiate the restriction of processing.
f) Data transferability: Any person concerned by the processing of personal data shall have the right, granted by the European directive and regulatory authority, to use in a structured, common and machine-readable format personal data concerning him / her provided to a controller by the data subject receive. It also has the right to transfer this data to another person responsible without hindrance by the controller to whom the personal data was provided, provided that the processing is based on the consent pursuant to Article 6 (1) (a) of the GDPR or Article 9 (1) (b) 2 (a) of the GDPR or on a contract pursuant to Article 6 (1) (b) of the GDPR and processing by means of automated processes, unless the processing is necessary for the performance of a task of public interest or in the exercise of public authority, which has been assigned to the responsible person.
Furthermore, in exercising their right to data portability under Article 20 (1) of the GDPR, the data subject has the right to obtain that the personal data are transmitted directly from one controller to another, insofar as this is technically feasible and if so this does not affect the rights and freedoms of others.
To assert the right of data transferability, the data subject may at any time contact an employee of Toni.ai GmbH.
g) Right to objection: Any person concerned by the processing of personal data shall have the right granted by the European directive and regulatory authority, at any time, for reasons arising from its particular situation, against the processing of personal data relating to it. 6 (1) (e) or (f) DS-GVO, an objection is raised. This also applies to profiling based on these provisions.
Toni.ai GmbH will no longer process personal data in the event of an objection, unless we can prove that there are compelling legitimate reasons for processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves the purpose of asserting, exercising or defense of legal claims.
If Toni.ai GmbH processes personal data in order to operate direct mail, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to the profiling, as far as it is associated with such direct mail. If the data subject objects to Toni.ai GmbH for the purposes of direct marketing, Toni.ai GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, for reasons arising from his / her particular situation, against the processing of personal data concerning him or her, for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) DS-GMOs are objected to, unless such processing is necessary to fulfill a task of public interest.
In order to exercise the right of opposition, the person concerned may directly contact any employee of Toni.ai GmbH or any other employee. The data subject is also free, in the context of the use of information society services, notwithstanding Directive 2002/58 / EC, to exercise his right of opposition by means of automated procedures using technical specifications.
h) Automated decisions on a case-by-case basis, including profiling: Each person concerned by the processing of personal data has the right conferred by the European directive and regulatory authority not to be subject to a decision based exclusively on automated processing – including profiling – which has legal effect on it Similarly, unless the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) under Union or Member State legislation to which the controller is subject to, permissible, and that such legislation contains appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or (3) with the express consent of the data subject.
If the decision (1) is required for the conclusion or performance of a contract between the data subject and the controller or (2) it takes place with the explicit consent of the data subject, Toni.ai GmbH shall take appropriate measures to safeguard the rights and freedoms as well as to safeguard the legitimate interests of the data subject, including at least the right to obtain the intervention of a person by the controller, to express his or her own position and to contest the decision.
If the data subject wishes to claim automated decision-making rights, they can contact an employee of the controller at any time.
i) Right to revoke a data protection consent: Any person affected by the processing of personal data has the right, granted by the European directive and regulatory authority, to revoke a consent to the processing of personal data at any time.
If the data subject wishes to assert their right to withdraw consent, they may, at any time, contact an employee of the controller.
a) Use of the Facebook “Share Button”: The controller has integrated components of the company Facebook on this website.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. Persons responsible for the processing of personal data, if an affected person lives outside the US or Canada, are Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland.
Each visit to one of the individual pages of this website, which is operated by the controller and on which a Facebook component (Facebook plug-in) has been integrated, the Internet browser on the information technology system of the person concerned automatically by the respective Facebook Component causes a representation of the corresponding Facebook component of Facebook to download. An overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=en_US . As part of this technical process, Facebook receives information about which specific underside of our website is visited by the person concerned.
If the data subject is simultaneously logged into Facebook, Facebook recognizes with each visit to our website by the data subject and during the entire duration of the respective stay on our website, which specific underside of our website the data subject visits. This information is collected through the Facebook component and assigned by Facebook to the respective Facebook account of the data subject. If the person concerned activates one of the Facebook buttons integrated on our website, for example the “Like” button, or if the person concerned makes a comment, Facebook assigns this information to the personal Facebook user account of the person concerned and saves this personal data ,
Facebook always receives information via the Facebook component that the data subject has visited our website if the data subject is logged in to Facebook at the same time as accessing our website; this happens regardless of whether the person clicks on the Facebook component or not. If such a transfer of this information to Facebook is not wanted by the data subject, it can prevent the transfer by logging out of their Facebook account before calling our website.
The data policy published by Facebook, which is available at https://de-de.facebook.com/about/privacy/ , provides information on the collection, processing and use of personal data by Facebook. It also explains which options Facebook offers to protect the privacy of the data subject. In addition, different applications are available, which make it possible to suppress data transmission to Facebook. Such applications can be used by the data subject to suppress data transmission to Facebook.
b) Use of the Facebook “visitor action pixel”: With your consent, the “visitor action pixel” of Facebook Inc., 1601 South California Avenue, Palo Alto, CA 94304, USA (“Facebook”) will be used within our website.
The “visitor action pixel” allows user actions to be tracked as they are redirected to a provider’s website by clicking on a Facebook ad. This allows us to track the effectiveness of Facebook advertising for statistical and market research purposes and to optimize our marketing efforts accordingly. The collected data is anonymous to us, we can not see any personal data of individual users or draw conclusions about it.
Facebook stores and processes this data. Facebook can therefore assign this data to your Facebook account. You can enable Facebook and its affiliates to show ads on and off Facebook. It may also be stored for these purposes, a cookie on your computer. For more information about Facebook’s collection and use of the data and your rights to do so, and ways to protect your privacy, see the Facebook Data Policy: https://www.facebook.com/about/privacy/
A consent to the use of the Facebook visitor action pixel may only be declared by users older than 13 years old. You can send the consent by email to firstname.lastname@example.org
The controller has integrated on this website the component Google Analytics (with anonymization function). Google Analytics is a web analytics service. Web analysis is the collection, collection and analysis of data about the behavior of visitors to websites. Among other things, a web analysis service collects data on which website an affected person has come to a website (so-called referrers), which subpages of the website were accessed or how often and for which length of stay a subpage was viewed. A web analysis is mainly used to optimize a website and cost-benefit analysis of Internet advertising.
The operating company of the Google Analytics component is Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043-1351, USA.
The controller uses the addition “_gat._anonymizeIp” for web analytics via Google Analytics. By means of this addendum, the IP address of the Internet access of the data subject will be shortened and anonymised by Google if the access to our website is from a Member State of the European Union or from another state party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze visitor flows on our website. Among other things, Google uses the data and information obtained to evaluate the use of our website, to compile for us online reports showing the activities on our websites, and to provide other services related to the use of our website.
Google Analytics uses a cookie on the information technology system of the person concerned. What cookies are, has already been explained above. By using this cookie Google is enabled to analyze the usage of our website. Each time one of the pages of this website is accessed by the controller and a Google Analytics component has been integrated, the Internet browser on the information technology system of the person concerned is automatically initiated by the respective Google Analytics component To submit data to Google for online analysis purposes. As part of this technical process, Google will be aware of personal data, such as the IP address of the person concerned, which serve, among other things, Google to track the origin of the visitors and clicks, and subsequently make commission settlements possible.
The cookie stores personally identifiable information, such as access time, the location from which access was made, and the frequency of site visits by the data subject. Each time you visit our website, your personal information, including the IP address of the Internet connection used by the data subject, is transferred to Google in the United States of America. This personal information is stored by Google in the United States of America. Google may transfer such personal data collected through the technical process to third parties.
The affected person can prevent the setting of cookies through our website, as shown above, at any time by means of a corresponding setting of the Internet browser used and thus permanently contradict the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the person concerned. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.
You may also revoke the collection of your data by Google Analytics by sending us an email to email@example.com .
The controller has integrated the Google+ button as a component on this website. Google+ is a so-called social network. A social network is an Internet-based social meeting place, an online community that typically allows users to communicate with each other and interact in virtual space. A social network can serve as a platform to exchange views and experiences, or allows the Internet community to provide personal or business information. Google+ allows social network users to create private profiles, upload photos, and socialize through friend requests, among others.
Google+’s operating company is Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043-1351, USA.
Each visit to one of the pages of this website operated by the controller and incorporating a Google+ button will cause the Internet browser on the subject’s information technology system to be automatically triggered by the respective Google+ button, a representation of the corresponding Google+ Download button from Google. As part of this technical process, Google will be aware of which specific bottom of our website is visited by the data subject. More detailed information about Google+ is available at https://developers.google.com/+/ .
If the person is logged in to Google+ at the same time, Google recognizes with each visit to our website by the data subject and during the entire duration of each stay on our website, which specific bottom of our website visited the person concerned. This information is collected through the Google+ button and assigned by Google to the relevant Google + account of the person concerned.
If the data subject activates one of the Google + buttons integrated on our website and thus makes a Google + 1 recommendation, Google assigns this information to the personal Google + user account of the person concerned and stores this personal data. Google will store the Google + 1 recommendation of the data subject and make it publicly available in accordance with the conditions accepted by the data subject. A Google +1 referral made by the data subject on this website will be subsequently provided together with other personal information, such as the name of the Google + 1 account used by the data subject and the photo in other Google services stored therein, For example, the search engine results of the Google search engine, the Google account of the data subject or other places, such as on websites or in connection with advertisements stored and processed. Furthermore, Google is able to link the visit to this website with other personal data stored on Google. Google also records this personal information for the purpose of improving or optimizing Google’s different services.
Google always receives information via the Google + button that the data subject has visited our website if the data subject is simultaneously logged in to Google+ at the time of accessing our website; this happens regardless of whether the person clicks the Google + button or not.
If the data subject does not wish to transfer personal data to Google, the latter can prevent such transmission by logging out of their Google + account before calling our website.
You may also opt-out of collecting your data through Google+ by clicking on the link below. An opt-out cookie will be set that will prevent your data from being collected on future visits to this site: disable data collection through Google+
Art. 6 I lit. a DS-GVO serves Toni.ai GmbH as the legal basis for processing operations in which we obtain consent for a particular processing purpose. If the processing of personal data is necessary to fulfill a contract of which the data subject is a party, as is the case, for example, in processing operations necessary for the supply of goods or the provision of any other service or consideration, processing shall be based on Art. 6 I lit. b DS-GMO. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c DS-GMO. In rare cases, the processing of personal data may be required to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our premises were injured and his or her name, age, health insurance 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 I lit. d DS-GMO are based. Ultimately, processing operations could be based on Art. 6 I lit. f DS-GMOs are based. On this legal basis, processing operations that are not covered by any of the above legal bases are required if processing is necessary to safeguard the legitimate interests of our company or a third party, unless the interests, fundamental rights and fundamental freedoms of the person concerned prevail. Such processing operations are particularly allowed to us because they have been specifically mentioned by the European legislator. In that regard, it considered that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, second sentence, DS-BER).
Is the processing of personal data based on Article 6 I lit. f DS-GMO is our legitimate interest in conducting our business for the benefit of all of our employees and our shareholders.
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the deadline, the corresponding data will be routinely deleted, if they are no longer required to fulfill the contract or to initiate a contract.
We clarify that the provision of personal data is partly required by law (eg tax regulations) or can also result from contractual provisions (eg information about the contracting party). Occasionally it may be necessary for a contract to be concluded that an affected person provides us with personal data that must subsequently be processed by us. For example, the data subject is required to provide us with personal information when our company enters into a contract with her. Failure to provide the personal data would mean that the contract with the person concerned could not be closed. Prior to any personal data being provided by the person concerned, the person concerned must contact one of our employees. Our employee will inform the individual on a case-by-case basis whether the provision of the personal data is required by law or contract or is required for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of the non-provision of the personal data.
This policy was last revised on, and effective as of May 24th, 2018.