Thank you for your interest in our company. Data protection is of particular importance to the management of TWINISTA. The use of the TWINISTA website is generally possible without providing any personal data. However, if a data subject wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to TWINISTA. Through this privacy policy, our company would like to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects will be informed of their rights by means of this privacy policy.
As the controller, TWINISTA has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed via this website. Nevertheless, Internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
The privacy policy of TWINISTA is based on the terms used by the European Directive and Regulation in the enactment of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this privacy policy:
Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as “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.
Data subject is any identified or identifiable natural person whose personal data are processed by the controller.
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.
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
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.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
Controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions with data protection character is the:
TWINISTA
Bern
Switzerland
The TWINISTA website uses cookies. Cookies are text files that are stored in a computer system via an Internet browser.
Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited websites and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A particular Internet browser can be recognized and identified via the unique cookie ID.
By using cookies, TWINISTA can provide users of this website with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimized in the interests of the user. Cookies enable us, as already mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to enter his access data each time he visits the website, because this is taken over by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in the online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie.
The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
The TWINISTA website collects a series of general data and information each time the website is accessed by a data subject 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 website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites which are accessed via an accessing system on our website, (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 to avert dangers in the event of attacks on our information technology systems may be recorded.
When using this general data and information, TWINISTA does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. This anonymously collected data and information is therefore evaluated by TWINISTA both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
The controller shall process and store personal data of the data subject only for the period necessary to achieve the purpose of storage or insofar as this has been provided for by the European Directive and Regulation or another legislator in laws or regulations to which the controller is subject.
If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation or another competent legislator expires, the personal data shall be routinely blocked or deleted in accordance with the statutory provisions.
Every data subject shall have the right granted by the European Directive and Regulation to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right to confirmation, he or she may, at any time, contact an employee of the controller.
Every data subject shall have the right granted by the European Directive and Regulation to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European Directive and Regulation have granted the data subject access to the following information:
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, he or she may, at any time, contact an employee of the controller.
Every data subject shall have the right granted by the European Directive and Regulation to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact an employee of the controller.
Every data subject shall have the right granted by the European Directive and Regulation to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies, as long as the processing is not necessary:
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data that are stored by TWINISTA, he or she may, at any time, contact an employee of the controller. The employee of TWINISTA will arrange that the erasure request is complied with immediately.
If TWINISTA has made the personal data public and our company, as the controller, is obliged to erase the personal data pursuant to Art. 17 (1) GDPR, TWINISTA shall take reasonable measures, including technical ones, taking into account the available technology and implementation costs, to inform other controllers processing the published personal data that the data subject has requested the erasure of all links to these personal data or copies or reproductions of these personal data, insofar as processing is not required. A TWINISTA employee will take the necessary action in individual cases.
Every data subject whose personal data is processed has the right granted by the European legislator to request the restriction of processing from the controller if one of the following conditions applies:
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by TWINISTA, they can contact an employee of the controller at any time. The TWINISTA employee will arrange the restriction of processing.
Every data subject whose personal data is processed has the right granted by the European legislator to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit these data to another controller without hindrance from the controller to whom the personal data have been provided, where the processing is based on consent pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or on a contract pursuant to Art. 6 (1) (b) GDPR and 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.
Furthermore, when exercising their right to data portability pursuant to Art. 20 (1) GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject can contact a TWINISTA employee at any time.
Every data subject whose personal data is processed has the right granted by the European legislator to object, on grounds relating to their particular situation, at any time to processing of personal data concerning them which is based on Art. 6 (1) (e) or (f) GDPR. This also applies to profiling based on these provisions.
TWINISTA shall 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 the processing is for the establishment, exercise or defense of legal claims.
If TWINISTA processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for the purpose of such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to TWINISTA processing for direct marketing purposes, TWINISTA will no longer process the personal data for these purposes.
In addition, the data subject has the right to object, on grounds relating to their particular situation, to processing of personal data concerning them carried out by TWINISTA for scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
To exercise the right to object, the data subject can contact any TWINISTA employee or another employee directly. The data subject is also free to exercise their right to object by automated means using technical specifications in the context of the use of information society services, notwithstanding Directive 2002/58/EC.
Every data subject whose personal data is processed has the right granted by the European legislator not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning them or similarly significantly affects them, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is based on the data subject’s explicit consent, TWINISTA shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which includes at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.
If the data subject wishes to assert rights relating to automated decisions, they can contact an employee of the controller at any time.
Every data subject whose personal data is processed has the right granted by the European legislator to withdraw their consent to the processing of personal data at any time.
If the data subject wishes to assert their right to withdraw consent, they can contact an employee of the controller at any time.
The controller collects and processes the personal data of applicants for the purpose of handling the application process. Processing may also take place electronically. This is particularly the case if an applicant submits corresponding application documents electronically, for example, via email or a web form on the website, to the controller. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of handling the employment relationship in compliance with legal regulations. If no employment contract is concluded with the applicant by the controller, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller oppose deletion. Another legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).
The controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analytics service. Web analytics involves the collection, gathering, and evaluation of data about the behavior of website visitors. A web analytics service records, among other things, data on which website a data subject came from to a website (so-called referrers), which subpages of the website were accessed, or how often and for what duration a subpage was viewed. Web analytics is primarily used for optimizing a website and for the cost-benefit analysis of online advertising.
The operating company of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
The controller uses the add-on “_gat._anonymizeIp” for web analytics via Google Analytics. By means of this add-on, the IP address of the data subject’s internet connection is truncated and anonymized by Google if access to our websites occurs from a Member State of the European Union or from another contracting state of the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze visitor flows on our website. Google uses the collected data and information, among other things, to evaluate the use of our website, to compile online reports for us that show the activities on our websites, and to provide other services related to the use of our website.
Google Analytics places a cookie on the data subject’s information technology system. What cookies are has already been explained above. By placing the cookie, Google is enabled to analyze the use of our website. With each access to one of the individual pages of this website, which is operated by the controller and on which a Google Analytics component has been integrated, the internet browser on the data subject’s information technology system is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google gains knowledge of personal data, such as the IP address of the data subject, which Google uses, among other things, to trace the origin of visitors and clicks and subsequently to enable commission settlements.
By means of the cookie, personal information, such as the access time, the location from which access originated, and the frequency of visits to our website by the data subject, is stored. With each visit to our websites, these personal data, including the IP address of the internet connection used by the data subject, are transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass on these personal data collected via the technical process to third parties.
The data subject can prevent the placing of cookies by our website at any time, as described above, by means of a corresponding setting of the internet browser used and thus permanently object to the placing of cookies. Such a setting of the internet browser used would also prevent Google from placing a cookie on the data subject’s information technology system. In addition, a cookie already placed by Google Analytics can be deleted at any time via the internet browser or other software programs.
Furthermore, the data subject has the possibility to object to and prevent the collection of data generated by Google Analytics related to the use of this website, as well as the processing of this data by Google. For this purpose, the data subject must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information about website visits may be transmitted to Google Analytics. The installation of the browser add-on is considered an objection by Google. If the data subject’s information technology system is deleted, formatted, or reinstalled at a later date, the data subject must reinstall the browser add-on to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person attributable to their sphere of influence, there is the possibility of reinstallation or reactivation of the browser add-on.
Further information and Google’s applicable data protection provisions can be accessed at https://www.google.de/intl/de/policies/privacy/ and http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail under this link https://www.google.com/intl/de_de/analytics/.
The controller has integrated Jetpack on this website. Jetpack is a WordPress plugin that offers additional functions to the operator of a website built on WordPress. Among other things, Jetpack allows the website operator an overview of the site’s visitors. By displaying related posts and publications or the ability to share content on the page, an increase in visitor numbers is also possible. Furthermore, security functions are integrated into Jetpack, so that a website using Jetpack is better protected against brute-force attacks. Jetpack also optimizes and accelerates the loading of images integrated on the website.
The operating company of the Jetpack plugin for WordPress is Aut O’Mattic A8C Ireland Ltd., Business Centre, No.1 Lower Mayor Street, International Financial Services Centre, Dublin 1, Ireland.
Jetpack places a cookie on the data subject’s information technology system. What cookies are has already been explained above. With each access to one of the individual pages of this website, which is operated by the controller and on which a Jetpack component has been integrated, the internet browser on the data subject’s information technology system is automatically prompted by the respective Jetpack component to transmit data to Automattic for analysis purposes. As part of this technical process, Automattic gains knowledge of data which is subsequently used to create an overview of website visits. The data thus obtained serve to analyze the behavior of the data subject who has accessed the controller’s website and are evaluated with the aim of optimizing the website. The data collected via the Jetpack component will not be used to identify the data subject without prior obtaining of separate explicit consent. The data also comes to the knowledge of Quantcast. Quantcast uses the data for the same purposes as Automattic.
The data subject can prevent the placing of cookies by our website at any time, as described above, by means of a corresponding setting of the internet browser used and thus permanently object to the placing of cookies. Such a setting of the internet browser used would also prevent Automattic/Quantcast from placing a cookie on the data subject’s information technology system. In addition, cookies already placed by Automattic can be deleted at any time via the internet browser or other software programs.
Furthermore, the data subject has the possibility to object to and prevent the collection of data generated by the Jetpack cookie related to the use of this website, as well as the processing of this data by Automattic/Quantcast. For this purpose, the data subject must click the opt-out button under the link https://www.quantcast.com/opt-out/, which places an opt-out cookie. The opt-out cookie placed with the objection is stored on the information technology system used by the data subject. If the cookies on the data subject’s system are deleted after an objection, the data subject must access the link again and place a new opt-out cookie.
However, by setting the opt-out cookie, there is a possibility that the websites of the controller may no longer be fully usable for the data subject.
Automattic’s current data protection provisions are available at https://automattic.com/privacy/. Quantcast’s current data protection provisions are available at https://www.quantcast.com/privacy/.
The controller has integrated components of the LinkedIn Corporation on this website. LinkedIn is an internet-based social network that enables users to connect with existing business contacts and establish new business contacts. Over 400 million registered individuals use LinkedIn in more than 200 countries. This makes LinkedIn currently the largest platform for business contacts and one of the most visited websites in the world.
The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, USA. For data protection matters outside the USA, LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.
Each time our website, which is equipped with a LinkedIn component (LinkedIn plug-in), is accessed, this component causes the browser used by the data subject to download a corresponding display of the LinkedIn component. Further information on LinkedIn plug-ins can be found at https://developer.linkedin.com/plugins. As part of this technical process, LinkedIn gains knowledge of which specific sub-page of our website is visited by the data subject.
If the data subject is simultaneously logged into LinkedIn, LinkedIn recognizes with each visit to our website by the data subject and for the entire duration of their respective stay on our website, which specific sub-page of our website the data subject visits. This information is collected by the LinkedIn component and assigned by LinkedIn to the data subject’s respective LinkedIn account. If the data subject activates a LinkedIn button integrated on our website, LinkedIn assigns this information to the data subject’s personal LinkedIn user account and stores this personal data.
LinkedIn always receives information via the LinkedIn component that the data subject has visited our website if the data subject is simultaneously logged into LinkedIn at the time of accessing our website; this occurs regardless of whether the data subject clicks on the LinkedIn component or not. If the data subject does not wish for such information to be transmitted to LinkedIn, they can prevent this transmission by logging out of their LinkedIn account before accessing our website.
LinkedIn offers the option to unsubscribe from email messages, SMS messages, and targeted ads, as well as to manage ad settings, at https://www.linkedin.com/psettings/guest-controls. LinkedIn also uses partners such as Quantcast, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua, and Lotame, who may set cookies. Such cookies can be rejected at https://www.linkedin.com/legal/cookie-policy. LinkedIn’s current data protection provisions are available at https://www.linkedin.com/legal/privacy-policy. LinkedIn’s cookie policy is available at https://www.linkedin.com/legal/cookie-policy.
Article 6(1)(a) GDPR serves as the legal basis for our company for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to such processing operations that are necessary for carrying out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfillment of tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance data, or other vital information had to be passed on to a doctor, hospital, or other third parties. Then the processing would be based on Article 6(1)(d) GDPR. Finally, processing operations could be based on Article 6(1)(f) GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary for the purposes of the legitimate interests pursued by our company or a third party, provided that the interests, fundamental rights, and freedoms of the data subject do not override them. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. He was of the opinion that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business for the benefit of the well-being of all our employees and shareholders.
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiry of the period, the corresponding data is routinely deleted, provided that it is no longer necessary for contract fulfillment or contract initiation.
We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., information on the contractual partner). Occasionally, for the conclusion of a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Non-provision of the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is legally or contractually required or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what consequences the non-provision of the personal data would have.
As a responsible company, we refrain from automatic decision-making or profiling.
This data protection declaration was created by the data protection declaration generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as External Data Protection Officer Freising, in cooperation with Lawyer for Data Protection Law Christian Solmecke.
