We are delighted about your interest in our company. The management of Tapster Media GmbH takes data protection particularly seriously. The website of Tapster Media GmbH can generally be used without disclosing any personal data. However, if a data subject wishes to make use of special services of our company via the website, some processing of personal data may be required. If processing of personal data is required and there is no basis in law for such processing, we will obtain the consent of the data subject.
Tapster Media GmbH, as the controller, has implemented numerous technical and organizational measures to ensure that the protection of the personal data processed through this website is as complete as possible. Internet-based data transmissions may nevertheless be subject to security gaps, meaning that absolute protection cannot be guaranteed. For this reason, we offer all data subjects the option to transmit their personal data to us by alternative means, e.g. by telephone.
a) Personal data
Personal data means all information which relates to an identified or identifiable natural person (hereinafter referred to as the “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 subjects are the identified or identifiable natural persons whose personal data are processed by the controller.
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, organization, 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 its processing in the future.
Profiling is 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 analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
Pseudonymization 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 organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or data controller
A controller 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.
A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
A recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether they are a third party or not. However, public authorities that 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.
j) Third party
A 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 authorized to process personal data.
Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to them.
2. Name and address of the controller
The controller in terms of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions concerning data protection is:
Tapster Media GmbH
Neuer Wall 41
Phone: +49 (0) 40 349 61 67-27
Using cookies enables Tapster Media GmbH to provide users of this website with more user-friendly services, which would not be possible without the setting of cookies.
Data subjects may prevent the setting of cookies by our website at any time by configuring their browser settings accordingly and thereby permanently objecting to the setting of cookies. Furthermore, any cookies which have already been set may be deleted at any time through a web browser or other software program. This function is provided by all common web browsers. If a data subject disables the setting of cookies in the web browser used, not all of the functions of our website may be fully available.
4. Collection of general data and information
Every time the website of Tapster Media GmbH is accessed by a data subject or an automated system, the website collects a number of general pieces of data and information. These general data and information are stored in the server’s log files. The following information may be collected: (1) the browser type and version used, (2) the operating system of the accessing system, (3) the website from which an accessing system reaches our website (“referrer”), (4) the subdomains navigated to on our website by an accessing system, (5) the date and time of access of 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 which serve to prevent threats in the event of an attack on our information technology systems.
Tapster Media GmbH does not draw conclusions about the data subject in the use of these general pieces of data and information. Rather, this information is required in order to (1) correctly deliver the contents of our website, (2) optimize the contents of our website and advertising for the website, (3) ensure the permanent functionality of our information technology systems and the technology of our website, and (4) provide criminal prosecution authorities with the required information in the event of a cyber-attack. The anonymously collected data and information is therefore analyzed by Tapster Media GmbH on the one hand for statistical purposes and on the other with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection of the personal data we process. The anonymous data in server log files is stored separately from all personal data provided by data subjects.
5. Contact via the website
Due to legal regulations, the website of Tapster Media GmbH contains information that enables users to establish contact with our company quickly by electronic means and communicate with us directly, which includes a general address for electronic mail (email address). Where a data subject makes contact with the controller by email or a contact form, the personal data transmitted by the data subject are automatically stored. The personal data transmitted voluntarily by the data subject to the controller in this way is stored for the purposes of handling the enquiry or making contact with the data subject. This personal data is not forwarded to third parties.
6. Routine deletion and blocking of personal data
The controller processes and stores the personal data of data subjects only for the period of time which is required to fulfil the purpose for which is has been stored or if processing and storage are provided for by the European regulator or another legislator in laws or regulations to which the controller is subject.
Once the purpose of storage or a storage period prescribed by the European regulator or other competent legislator lapses, the personal data is blocked or deleted routinely and in accordance with the statutory regulations.
7. Rights of data subjects
a) Right to confirmation
Any data subject has been granted the right by the European regulator to obtain from the controller confirmation as to whether or not their personal data is being processed. Where a data subject wishes to exercise this right to obtain confirmation, they may at any time contact an employee of the controller for this purpose.
b) Right to information
Any person affected by the processing of personal data has the right, granted by the European regulator, to obtain from the controller, at any time and free of charge, information on the personal data relating to then which has been stored and a copy of this information. Furthermore, the European regulator has granted data subjects the right to the following information:
the purposes of processing
the categories of personal data which are processed
the recipients or categories of recipients to whom the personal data has been or will be disclosed, particularly where recipients are based in third countries and in the case of international organizations
where possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
the existence of the right to rectification or erasure of the personal data concerning the data subject, or to a restriction of processing by the controller, or a right to object to such processing
the existence of the right to complain to a supervisory authority
if the personal data is not collected from the data subject: all available information about the origin of the data
the existence of an automated decision-making process, including profiling, pursuant to Article 22 (1) and (4) GDPR and – at least in these cases – meaningful information about the logic involved and the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject is entitled to information regarding whether personal data has been transmitted to a third country or an international organization. If this is the case, the data subject also has the right to request information about suitable guarantees in connection with the transmission.
Where a data subject wishes to exercise this right to obtain information, they may at any time contact an employee of the controller for this purpose.
c) Right to rectification
Any person affected by the processing of personal data has been granted the right by the European regulator to request the immediate rectification of incorrect personal data concerning them. Furthermore, data subjects have the right, taking into account the purposes of processing, to demand the completion of incomplete personal data, including by means of providing a supplementary statement.
Where a data subject wishes to exercise this right to rectification, they may at any time contact an employee of the controller for this purpose.
d) Right to deletion (right to be forgotten)
Any person affected by the processing of personal data has been granted the right by the European regulator to request that the controller delete the personal data concerning them without undue delay, provided one of the following grounds applies and provided the processing is not necessary:
The personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
The data subject withdraws consent on which the processing is based according to Article 6 (1) (a), or Article 9 (2) (a) GDPR, and there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) GDPR.
The personal data was processed unlawfully.
The personal data must be deleted for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data was collected in relation to the offer of information society services referred to in Article 8 (1) GDPR.
Where one of the aforementioned grounds applies and a data subject wishes to request the erasure of personal data stored by Tapster Media GmbH, they may at any time contact an employee of the controller for this purpose. The employee of Tapster Media GmbH will arrange for the request for deletion to be carried out without undue delay.
Where Tapster Media GmbH has made the personal data public and is obliged pursuant to Article 17 (1) GDPR to delete the personal data, Tapster Media GmbH, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform controllers who are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, provided processing is not necessary. The employee of Tapster Media GmbH will arrange the necessary measures in each individual case.
e) Right to restrict processing
Any person affected by the processing of personal data has been granted the right by the European regulator to request that the controller restrict processing, provided one of the following conditions 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 the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but it is required by the data subject for the establishment, exercise or defense of legal claims.
The data subject has objected to processing pursuant to Article 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where one of the aforementioned conditions applies and a data subject wishes to request the restriction of personal data stored by Tapster Media GmbH, they may at any time contact an employee of the controller for this purpose. The employee of Tapster Media GmbH will arrange for the processing to be restricted.
f) Right to data portability
Any person affected by the processing of personal data has been granted the right by the European regulator to obtain the personal data that they have provided to a controller in a structured, commonly used and machine-readable format. They also have the right to communicate such data to another controller without interference from the controller to whom the personal data have been provided, provided that the processing is based on the consent referred to in Art. 6 (1) (a) GDPR or Art, 9 (2) (a) GDPR or on a contract referred to in Art. 6 (1) (b) GDPR and that the processing is carried out by automated means, provided that 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.
In exercising their right to data portability pursuant to Article 20 (1) GDPR, the data subject also has the right to have the personal data transmitted directly from one controller to another, where technically feasible, provided the rights and freedoms of others are not adversely affected thereby.
Data subjects may contact an employee of Tapster Media GmbH at any time in order to assert the right to data portability.
g) Right to object
Any person affected by the processing of personal data has been granted the right by the European regulator, on grounds relating to their particular situation, at any time to object to the processing of their personal data that is based on Art. 6 (1) (e) or (f) GDPR. This also applies to profiling based on those provisions.
Tapster Media GmbH will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or which serve the establishment, exercise or defense of legal claims.
Where Tapster Media GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of the personal data for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. Where a data subject declares their objection to processing for direct marketing purposes to Tapster Media GmbH, Tapster Media GmbH will no longer process the personal data for such purposes.
Furthermore, where personal data is processed by Tapster Media GmbH for scientific or historical research purposes or statistical purposes pursuant to Article 89 (1) GDPR, the data subject, on grounds relating to their particular situation, has the right to object to the processing of their personal data, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
Data subjects may contact any employee of Tapster Media GmbH, or any other employee, to exercise the right to object. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may also exercise their right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Any person affected by the processing of personal data has the right, granted by the European regulator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects on them or significantly affects them in a similar manner, provided that the decision is (1) not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by legislation of the Union or of the Member States to which the controller is subject and that legislation contains appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject or (3) is made with the express consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller or (2) is made with the express consent of the data subject, Tapster Media GmbH shall take appropriate measures to protect the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a person on the part of the controller, to state their own position and to challenge the decision.
Where a data subject wishes to exercise rights in relation to automated decision-making, they may at any time contact an employee of the controller for this purpose.
i) Right to revoke consent to data processing
Any person affected by the processing of personal data has been granted the right by the European regulator at any time to revoke their consent to the processing of personal data.
Where a data subject wishes to exercise the right to revoke consent, they may at any time contact an employee of the controller for this purpose.
8. Legal basis of processing
In our company, Article 6 (1) (a) GDPR is the legal basis of processing in relation to which consent has been obtained for a specific purpose of processing. Where the processing of personal data is required to perform a contract to which the data subject is a party, as is, for example, the case for processing which is necessary for the delivery of goods or to perform any other service or consideration, processing is based on Article 6 (1) (b) GDPR. The same applies to processing that is necessary for the performance of pre-contractual measures, such as in the case of enquiries about our products or services. Where our company is subject to a legal obligation which renders a processing of personal information necessary, such as in the case of fulfilling taxation obligations, processing is based on Article 6 (1) (c) GDPR. In rare cases, processing of personal data is necessary in order to protect vital interests of the data subject or another natural person. This would, for example, be the case if a visitor is injured on our company premises and their name, age, health insurance details or other vital information has to be disclosed to a doctor, a hospital or other third parties as a result. In this event, processing would be based on Article 6 (1) (d) GDPR. Finally, processing could be based on Article 6 (1) (f) GDPR. Processing that is not covered by any of the aforementioned legal bases is based on this legal basis, provided the processing is required to maintain a legitimate interest of our company or a third party and the interests, basic rights and basic freedoms of the data subject do not outweigh said legitimate interest. We are permitted to carry out such processing particularly as it is specially mentioned by the European legislator. The European legislator considered that a legitimate interest may be assumed where the data subject is a client of the controller (Recital 47 GDPR, second sentence).
9. Legitimate interests in processing of the controller or a third party
Where the processing of personal data is based on Article 6 (1) (f) GDPR, our legitimate interest is the performance of our business activities for the benefit of all our employees and shareholders.
10. Duration for which the personal data is stored
The criterion for the storage period of personal data is the statutory retention period applicable in each case. Following expiry of the respective period, the corresponding data is routinely erased, provided it is no longer required for the purposes of performing or establishing a contract.
11. Statutory or contractual requirements to provide personal data; requirements for contract conclusion; obligation of the data subject to provide the personal data; possible consequences of a failure to provide personal data
Please note that the provision of personal data can in some cases be a statutory requirement (e.g. taxation regulations) or result from contractual agreements (e.g. information about the other contracting party). In some cases, the conclusion of a contract may be dependent upon a data subject providing us with personal data, which we subsequently have to process. For example, a data subject is obliged to provide us with personal data if our company concludes a contract with them. A failure to provide the personal data would result in an inability to conclude the contract with the data subject. Prior to the provision of personal data by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject individually whether the provision of the personal data is a statutory or a contractual requirement or whether it is required to conclude the contract, whether there is any obligation to provide the personal data and what the consequences of a failure to provide the personal data would be.
12. Existence of automated decision-making
As a responsible company, we do not perform any automated decision-making or profiling.