Privacy Policy
We are pleased that you are visiting our website. The protection of your personal data is of great importance to us.
As a private-sector company, we are subject to the provisions of the European General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and the German Act on Data Protection and the Protection of Privacy in Telecommunications and Digital Services (TDDDG).
Below, we provide comprehensive information about the data processing activities carried out in connection with our websites, https://tangility.com/ , https://tangility.de/ and https://well-placed.de/ , when you contact us, enter into a contract with us, or use our “wellplaced” software.
1. Controller
The controller for data protection is:
Marcel Purwins
TANGILITY GmbH,
Mauernstrasse 33, 38100 Braunschweig, Germany
+49 (0531) 18054857
If you have any questions regarding data protection or wish to assert any of your rights, please use the contact details above. We will process your request as quickly as possible.
2. Definitions
The legislator requires that personal data be processed lawfully, fairly, and in a transparent manner in relation to the data subject (“lawfulness, fairness and transparency”). To ensure this, we first inform you in this section of the individual legal definitions that are also used in this Privacy Policy:
2.1 Personal Data
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “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.
2.2 Processing
“Processing” means 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.
2.3 Restriction of Processing
“Restriction of processing” means the marking of stored personal data with the aim of limiting their processing in the future.
2.4 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.
2.5 Pseudonymisation
“Pseudonymisation” means 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.
2.6 Filing system
“Filing system” means any structured set of personal data which is accessible according to specific criteria, whether centralised, decentralised, or dispersed on a functional or geographical basis.
2.7 Controller
“Controller” means 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 law or the law of the Member States, the controller or the specific criteria for its designation may be provided for by Union law or the law of the Member States.
2.8 Processor
“Processor” means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
2.9 Recipient
“Recipient” means a natural or legal person, public authority, agency, or another body to which 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 law or the law of the Member States shall not be regarded as recipients; the processing of those data by such public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
2.10 Third Party
“Third party” means a natural or legal person, public authority, agency, or body other than the data subject, the controller, the processor, and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
2.11 Consent
“Consent” of the data subject means 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.
3. Lawfulness of Processing
The processing of personal data is lawful only if there is a legal basis for the processing. In particular, pursuant to Article 6(1), first sentence, points (a) to (f) GDPR, the legal basis for processing may be:
- The data subject has given consent to the processing of his or her personal data for one or more specific purposes;
- the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
- the processing is necessary for compliance with a legal obligation to which the controller is subject;
- the processing is necessary in order to protect the vital interests of the data subject or of another natural person;
- the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- the processing is necessary for the purposes of the legitimate interests pursued by the controller 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, in particular where the data subject is a child.
4. Purely Informational Use of Our Website
In this section, we inform you which data we process when you use our website for informational purposes only, i.e. when you do not actively transmit data to us while visiting our website.
4.1 Log-Files
When you view our website, we collect the following data in so-called log files, which are technically necessary for us in order to display our website to you and to ensure its stability and security:
- IP address and hostname
- date and time of the request
- content of the request (specific page)
- access status/HTTP status code
- amount of data transferred in each case
- website from which the request originates
- operating system and its interface
- information about the browser, the version used, and the language
We are entitled to collect and store these data pursuant to Article 6(1), first sentence, point (f) GDPR, as we have a legitimate interest in the security and stability of our website. These data are automatically deleted after no later than fourteen days, unless there is a substantiated suspicion of unlawful activity.
4.2 Cookies and Cookie Settings
When you use our website, cookies are stored on your computer. Cookies are small text files stored on your device through which certain information is transmitted to the entity setting the cookie. They serve to make the overall internet offering more user-friendly and effective.
We use cookies that are necessary to enable certain functions of our website and to make your visit as convenient as possible. These include, in particular, so-called session cookies. These store a session ID, which enables various requests from your browser to be assigned to the same session. This allows your device to be recognised when you return to our website. Session cookies are deleted when you log out or close your browser.
For the provision and processing of our contact form, we use the Contact Form 7 plugin, a service provided by Rock Lobster LLC, Japan. When a form is submitted, certain temporary cookies are set in order to ensure the functionality of the form and, for example, to prevent duplicate transmissions or block spam bots.
These cookies do not contain any personal data and serve exclusively the technical function of the form. No permanent storage or analysis of these cookies takes place. No transfer to third parties occurs.
We are entitled to use these cookies pursuant to Article 6(1), first sentence, point (f) GDPR, as we have a legitimate interest in the functionality and proper display of our website. Consent to the storage of these cookies is not required pursuant to Section 25(2) no. 2 TDDDG.
Cookies are stored on the user’s device and transmitted by it to our website. As a user, you therefore have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transmission of cookies. Cookies already stored may be deleted at any time. This can also be done automatically.
You can, of course, also access our website without cookies. However, if you wish to use our website in full or in a more convenient manner, you should accept cookies. Most web browsers are configured by default to accept cookies. However, you can configure your browser so that cookies are displayed before they are stored, only certain cookies are accepted or rejected, or cookies are generally rejected. Please note that changes to settings always affect only the respective browser. If you use different browsers or change your device, you must make the settings again. In addition, you can delete cookies from your storage medium at any time. Information on cookie settings, how to change them, and how to delete cookies can also be found in the help section of your web browser.
5. General Enquiries
If you contact us by post, email, contact form, telephone, or fax, your enquiry, including all personal data arising from it, will be stored and processed by us for the purpose of handling your request. We will not pass these data on without your consent.
5.1 Legal Basis for Data Processing
These data are processed on the basis of Article 6(1), first sentence, point (b) GDPR, insofar as your enquiry is related to the performance of a contract concluded with us or is necessary for the implementation of pre-contractual measures, and on the basis of Article 6(1), first sentence, point (a) GDPR, insofar as the processing is based on your prior consent. In all other respects, processing is based on Article 6(1), first sentence, point (f) GDPR, as we have a legitimate interest in the effective handling of enquiries addressed to us. In addition, we may also be entitled to process the aforementioned data pursuant to Article 6(1), first sentence, point (c) GDPR, as we are legally obliged to enable rapid electronic contact and direct communication with us.
5.2 Storage Period
Your data will be used strictly for the purpose of processing and responding to your enquiry and will be deleted once the matter has been conclusively dealt with, unless statutory retention obligations apply to us.
You may revoke your consent to the processing of your personal data at any time and object to the storage of the personal data you have transmitted to us. In that case, the conversation cannot be continued. All personal data stored in the course of contacting us will then be deleted.
Please note that the confidentiality of emails or other forms of electronic communication on the internet cannot generally be guaranteed. For confidential information, communication by post is recommended.
6. Contractual Relationships and Business Processing
If you conclude a contract with us or enter into a corresponding contractual relationship with us, in particular for the use of the “wellplaced” software, we process your personal data for the initiation, performance, and administration of the contract. This includes, in particular, your contact details, communication content, contractual content, payment information, and billing-related data.
For the proper handling of the contractual relationship, we may disclose your data to external service providers to the extent necessary, for example to a tax adviser for accounting and tax-related processing. Any further processing of data will only take place insofar as this is required by law or you have expressly consented to it.
6.1 Legal Basis for Data Processing
Processing is carried out on the basis of Article 6(1), first sentence, point (b) GDPR insofar as it serves the performance of a contract or the implementation of pre-contractual measures.
Insofar as legal obligations exist, for example under tax or commercial law, processing is also carried out on the basis of Article 6(1), first sentence, point (c) GDPR.
In all other respects, processing may be based on Article 6(1), first sentence, point (f) GDPR, for example where we have a legitimate interest in efficient and legally compliant business processing or in the use of external service providers, such as tax advisers.
6.2 Storage Period
Personal data will be stored only for as long as is necessary for the performance of the contractual relationship and for compliance with statutory retention obligations. Once statutory periods have expired, the data will be deleted unless further consent has been given or legitimate interests justify storage beyond that period.
7. Subscription to Our Newsletter
If you would like to receive our newsletter, we ask for your express consent that we may process your email address, the IP address of the accessing computer, the date and time of registration, and any additional data provided. Your consent therefore constitutes the legal basis for this data processing pursuant to Article 6(1), first sentence, point (a) GDPR.
The only mandatory information required for sending the newsletter is your email address. Providing any other separately marked data is voluntary and is used in order to address you personally. After your confirmation, we store your email address for the purpose of sending the newsletter.
For subscription to our newsletter, we use the so-called double opt-in procedure. This means that after your registration, we send an email to the email address provided, in which we ask you to confirm that you wish to receive the newsletter. If you do not confirm your registration within 24 hours, your information will be blocked and automatically deleted after one month. In addition, we store the IP addresses used and the times of registration and confirmation. The purpose of this procedure is to prove your registration and, where applicable, to clarify any possible misuse of your personal data.
For the dispatch of our newsletter, we use the service “Mailchimp”, a service of Intuit Inc., 2700 Coast Avenue, Mountain View, CA 94043, USA. Mailchimp handles the technical processing of newsletter dispatch on our behalf.
The data collected in this context, for example your email address, IP address, and the date and time of subscription, are stored on Mailchimp servers in the USA. Mailchimp is certified under the EU-US Data Privacy Framework. Accordingly, an adequacy decision of the European Commission pursuant to Article 45 GDPR exists for the USA, so that an adequate level of data protection is ensured.
You may revoke your consent to receiving the newsletter at any time and thus unsubscribe from the newsletter. You may declare your revocation by clicking the link provided in each newsletter email, by email, or by post.
8. Online Presence on Social Media Platforms
We maintain profiles on various social networks. In this context, we process data of visitors, for example in order to communicate with them.
In addition, visitor data within social networks are generally further processed by the operators of the networks for market research and advertising purposes. User behaviour may thus be analysed and user profiles may be created on the basis of the resulting interests. This generally takes place through the use of cookies. Furthermore, data may also be stored in the user profiles independently of the devices used by the users, especially where the users are members of the respective platforms and are logged in to them. The platform operators use the user profiles thus obtained, usually across devices, in order to display personalised advertising to you. We have no influence on the processing of personal data by the respective platform operator.
This data processing may also affect persons who are not registered users of the respective social media platform. Under certain circumstances, your data may be processed outside the European Union, which may make the enforcement of your rights more difficult.
The processed data may therefore include:
- contact data, for example your email address
- usage data, for example access times
- metadata, for example your IP address
The legal basis for this is the consent you have granted to your platform operator pursuant to Article 6(1), first sentence, point (a) GDPR.
Processing by us is carried out on the basis of our legitimate interest pursuant to Article 6(1), first sentence, point (f) GDPR. We have a legitimate interest in presenting ourselves on social media and offering you additional channels of communication.
Detailed information on data processing in connection with the use of our social media offerings, on options to object (opt-out), and on the assertion of rights of access can be found in the privacy policy of the respective platform operator. Below, we have compiled some information on the platforms on which we maintain profiles:
8.1 LinkedIn
Provider: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland
Privacy Policy: https://www.linkedin.com/legal/privacy-policy
Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out
8.2 YouTube
Provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland
Privacy Policy: https://policies.google.com/privacy
Opt-Out: https://adssettings.google.com/authenticated
9. Processors
We disclose your personal data to third parties only where there is an appropriate legal basis for doing so. Like any company, we work with external service providers and partners in order to be able to offer you uninterrupted service of the highest possible quality.
When we work with external service providers or partners, processing on our behalf regularly takes place on the basis of Article 28 GDPR. For this purpose, we conclude corresponding agreements with our partners in order to ensure the protection of your data. In processing your data, we also use only carefully selected processors. We commission only such external service providers as have ensured that all data processing operations are carried out in compliance with data protection requirements. They are bound by our instructions and are regularly monitored by us.
The following types of processors may receive personal data from us:
Web hosting providers
10. Children and Minors
Our services are generally directed at adults. Persons under the age of 18 should not transmit personal data to us without the consent of their parents or other legal representatives.
11. Obligation to Provide Data
There is no legal obligation to provide us with personal data.
12. Profiling
No automated decision-making within the meaning of Article 22 GDPR takes place.
13. Your Rights
In this section, we inform you about the rights to which you are entitled in relation to your personal data.
Requests for access, rectification, and erasure, as well as the revocation of consent or objection to the continued use of data on the basis of any consent previously granted to us, may be submitted informally to the addresses stated above.
13.1 Withdrawal of Consent
Insofar as the processing of personal data is based on consent given, you have the right to withdraw that consent at any time. The consequence of this is that we may no longer continue the data processing based on that consent for the future. The withdrawal of consent does not affect the lawfulness of processing carried out on the basis of the consent before its withdrawal.
13.2 Right to Confirmation
You have the right to obtain from the controller confirmation as to whether or not personal data concerning you are being processed by us. You may request such confirmation at any time using the contact details stated above.
13.3 Right of Information
Where personal data are processed, you may at any time request access to those personal data and to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipient 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 concerning you, or restriction of processing by the controller, 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) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Where personal data are transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer. We provide a copy of the personal data undergoing processing. For any further copies requested by you, we may charge a reasonable fee based on administrative costs. If you submit the request electronically, the information shall be provided in a commonly used electronic format unless otherwise specified by you. The right to obtain a copy pursuant to paragraph 3 must not adversely affect the rights and freedoms of others.
13.4 Right to Rectification
You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
13.5 Right to Erasure (“Right to be Forgotten”)
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay, and we are obliged to erase personal data without undue delay where one of the following grounds applies:
- 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 on which the processing is based pursuant to Article 6(1), point (a), or Article 9(2), point (a) GDPR, and where 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 have been unlawfully processed;
- the personal data must be erased for compliance with a legal obligation under Union law or the law of the Member States 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) GDPR.
Where the controller has made the personal data public and is obliged pursuant to paragraph 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 controllers processing the personal data that a data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
The right to erasure (“right to be forgotten”) does 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 under Union law or the law of the Member States to which the controller is 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 with Article 9(2), points (h) and (i), and Article 9(3) GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) GDPR insofar as the right referred to in paragraph 1 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.
13.6 Right to Restriction of Processing
You have the right to obtain from us restriction of processing of your personal data 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 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; or
- 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 processing has been restricted in accordance with the above conditions, such personal data shall, with the exception of storage, only be processed with the data subject’s 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.
13.7 Right to Notification
If you have exercised your right to rectification, erasure, or restriction of processing vis-à-vis the controller, the controller is obliged to communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort.
You have the right to be informed by the controller about those recipients.
13.8 Right to Data Portability
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used, and machine-readable format, and you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
- the processing is based on consent pursuant to Article 6(1), point (a), or Article 9(2), point (a), or on a contract pursuant to Article 6(1), point (b) GDPR; and
- the processing is carried out by automated means.
In exercising the right to data portability pursuant to paragraph 1, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The exercise of the right to data portability is without prejudice to the right to erasure (“right to be forgotten”). This right does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
13.9 Right to Object
Pursuant to Article 21 GDPR, you have the right, on grounds relating to your particular situation, to object at any time to processing of personal data concerning you which is based on Article 6(1), point (e) or (f) GDPR; this also applies to profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates 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.
Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data will no longer be processed for those purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
You have the right, on grounds relating to your particular situation, to object to processing of personal data concerning you for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
13.10 Right to Lodge a Complaint with a Supervisory Authority
Without prejudice to any other administrative or judicial remedy, you also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement, if the data subject considers that the processing of personal data concerning him or her infringes this Regulation.
The supervisory authority with which the complaint has been lodged shall inform the complainant of the progress and outcome of the complaint, including the possibility of a judicial remedy pursuant to Article 78 GDPR.
A list of supervisory authorities and their contact details can be found at the following links: https://www.bfdi.bund.de/EN/Service/Anschriften/Laender/Laender-node.html https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
14. Processing on Behalf of Our Customers When Using “wellplaced”
When we make our XR software “wellplaced” (“Software”) available to companies (“Users”), personal data may be processed within the Software, for example by uploading, recording, or managing information relating to individuals.
In these cases, we do not act as a controller within the meaning of the GDPR, but as a processor pursuant to Article 28 GDPR on behalf of and in accordance with the instructions of the respective User.
The processing of personal data within the framework of the Software is carried out on the basis of a data processing agreement pursuant to Article 28 GDPR concluded with the respective customer. We do not use the data for any further purposes.
The respective User is therefore the sole controller for data protection purposes and is obliged to fulfil all data protection requirements vis-à-vis the data subjects, for example by providing its own privacy policy and, where necessary, obtaining any required consents.
As we act solely as a processor within the meaning of Article 4 no. 8 GDPR in this context, we are also not authorised to provide information on the personal data processed on behalf of our customers or to independently implement data subject rights, such as access, rectification, erasure, restriction of processing, or data portability pursuant to Articles 15 et seq. GDPR.
Data subjects should therefore contact the respective User directly in order to assert their data protection rights.
We implement appropriate technical and organisational measures to ensure an adequate level of protection. Insofar as we engage subprocessors, for example hosting providers or IT service providers, this is done exclusively in accordance with the concluded data processing agreement. The subprocessors used are carefully selected, contractually bound, and may process personal data only in accordance with the customer’s instructions.
