Data Protection Information
Preface
We, Telio Management GmbH and our subsidiaries (hereinafter collectively: ‘the company’, ‘we’ or ‘us’), take the protection of your personal data seriously and would like to take this opportunity to inform you about data protection in our company.
As part of our data protection responsibility, the entry into force of the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter referred to as: ‘GDPR’) has imposed additional obligations on us to ensure the protection of personal data of the data subject (we will also refer to you as the data subject below as ‘customer’, ‘user’, ‘you’, ‘your’ or ‘data subject’ ).
Insofar as we decide either alone or together with others on the purposes and means of data processing, this includes, above all, the obligation to inform you transparently about the type, scope, purpose, duration and legal basis of the processing (see Art. 13 and 14 GDPR). With this declaration (hereinafter: ‘data protection information’), we inform you about how we process your personal data.
Our data protection information is structured in modules. It consists of a general section for any processing of personal data and processing situations that occur each time a website is accessed (A. General) and a special section, the content of which relates only to the processing situation specified there with the designation of the respective offer or product, in particular the visit to websites described in more detail here (B. Visiting websites).
To find the parts that are relevant for you, please note the following overview of the structure of the data protection notice:
Part Title This part is for you…
Part A General …always relevant.
Part B Website …relevant if you use our German website .
Part C Applicants …relevant if you apply for a job with us.
A. General
(1) Definitions
In line with the model of Art. 4 GDPR, this data protection notice is based on the following definitions:
– ‘Personal data’ (Art. 4 No. 1 GDPR) means any information relating to an identified or identifiable natural person (‘data subject’). A person is identifiable if they can be identified directly or indirectly, in particular by association with an identifier such as a name, an identification number, an online identifier, location data or with the help of information about their physical, physiological, genetic, mental, economic, cultural or social identity characteristics. Identifiability can also be established by linking such information or other additional knowledge. The origin, form or embodiment of the information is not important (photos, video or sound recordings may also contain personal data).
‘Processing’ (Art. 4 No. 2 GDPR) means any operation involving personal data, whether or not by means of automated (i.e. technology-assisted) procedures. This includes, in particular, the collection (i.e. procurement), recording, organisation, sorting, storage, adaptation or alteration, reading, querying, use, disclosure by transmission, dissemination or other provision, comparison, linking, restriction, deletion or destruction of personal data, as well as the alteration of a target or purpose on which data processing was originally based.
– ‘Controller’ (Art. 4 No. 7 GDPR) 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.
– ‘Third party’ (Art. 4 No. 10 GDPR) is any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or processor, are authorised to process the personal data; this also includes other legal entities belonging to the group.
‘Processor’ (Art. 4 No. 8 GDPR) means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller, in particular in accordance with the controller’s instructions (e.g. IT service providers). In the sense of data protection law, a processor is in particular not a third party.
‘Consent’ (Art. 4 No. 11 GDPR) 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.
(2) Name and address of the controller
We are the controller within the meaning of Article 4(7) of the GDPR for the processing of your personal data:
Telio Management GmbH
Gasstraße 18, Haus 3
22761 Hamburg
For further information about our company, please refer to the imprint on our website.
(3) Contact details of the data protection officer
Our company data protection officer is available at all times to answer any questions and as a point of contact for matters concerning data protection at our company. His contact details are:
c/o Telio Management GmbH
Gasstraße 18, Haus 3
22761 Hamburg
DPO@tel.io
(4) Legal basis for data processing
In principle, the law prohibits any processing of personal data and only allows it if the data processing falls under one of the following justifications:
– Article 6 (1) sentence 1 point (a) GDPR (‘Consent’): the data subject has given consent to the processing of his or her personal data for one or more specific purposes by a freely given, informed and unambiguous statement or by a clear affirmative action;
– Article 6(1)(1)(b) of the GDPR: where 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;
– Article 6(1)(1)(c) GDPR: where processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a statutory retention requirement);
– Article 6(1)(1)(d) GDPR: where processing is necessary in order to protect the vital interests of the data subject or of another natural person;
– Art. 6 (1) 1 e) GDPR: 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, or
– Art. 6 para. 1 p. 1 lit. f DS-GVO (‘legitimate interests’): If the processing is necessary to safeguard legitimate (in particular legal or economic) interests of the controller or a third party, unless the overriding interests or rights of the data subject prevail (in particular if the data subject is a minor).
The storage of information in the end device of the end user or access to information already stored in the end device is only permissible if it is covered by one of the following justifications:
– Section 25 (1) TTDSG: If the end user has given consent on the basis of clear and comprehensive information. Consent must be given in accordance with Article 6 (1) sentence 1 point (a) GDPR;
– Section 25 (2) no. 1 TTDSG: if the sole purpose is to transmit a message via a public telecommunications network or
– Section 25 (2) no. 2 TTDSG: if the storage or access is absolutely necessary for the provider of a telemedia service to provide a telemedia service expressly requested by the user.
We will specify the applicable legal basis for the processing operations we carry out below. Processing may also be based on several legal bases.
(5) Data erasure and storage duration
For the processing operations we carry out, we will specify below how long we store the data and when it is deleted or blocked. If no explicit storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for storage no longer applies. In principle, your data is only stored on our servers in Germany, subject to any disclosure that may take place in accordance with the provisions in A.(7) and A.(8).
However, data may be stored beyond the specified time in the event of a (threatened) legal dispute with you or other legal proceedings, or if the storage is provided for by statutory provisions to which we are subject as the controller (e.g. Section 257 of the German Commercial Code (HGB), Section 147 of the German Tax Code (AO)). When the retention period prescribed by the statutory provisions expires, the personal data will be blocked or erased unless further retention by us is necessary and there is a legal basis for this.
(6) Data security
We use appropriate technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorised access by third parties (e.g. TLS encryption for our website), taking into account the state of the art, the costs of implementation and the nature, scope, context and purpose of the processing, as well as the risks of a data breach (including its likelihood and impact) for the data subject. Our security measures are continuously improved in line with technological developments.
We will be happy to provide you with more detailed information on request. Please contact our data protection officer (see A.(3)).
(7) Cooperation with processors
Like every other large company, we use external domestic and foreign service providers (e.g. in the areas of IT, logistics, telecommunications, sales and marketing) to carry out our business transactions. These service providers only work in accordance with our instructions and have been contractually obliged to comply with data protection regulations in accordance with Art. 28 GDPR.
If we forward personal data about you to our subsidiaries or our subsidiaries forward data about you to us (e.g. for advertising purposes), this is done on the basis of existing data processing agreements.
(8) Requirements for forwarding personal data to third countries
In the context of our business relationships, your personal data may be forwarded or disclosed to third-party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing is carried out exclusively to fulfil contractual and business obligations and to maintain your business relationship with us (legal basis is Art. 6 (1) point b or point f GDPR in conjunction with Art. 44 et seq. GDPR). We will inform you about the respective details of the transfer at the relevant points below.
The European Commission certifies that some third countries have a level of data protection comparable to the EEA standard by means of so-called adequacy decisions (a list of these countries and a copy of the adequacy decisions can be found here: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en). However, in other third countries to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. Where this is the case, we ensure that data protection is sufficiently guaranteed. This is possible by means of binding corporate rules, standard contractual clauses of the European Commission for the protection of personal data pursuant to Art. 46 (1), 2 lit. c GDPR (the standard contractual clauses of 2021 are available at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021D0915&loc ale-en), certificates or recognised codes of conduct. Please contact our data protection officer (see A.(3)) if you would like more information on this.
(9) No automated decision-making (including profiling)
We have no intention of using personal data collected from you for automated decision-making (including profiling).
(10) No obligation to provide personal data
We do not make the conclusion of contracts with us dependent on you providing us with personal data beforehand. As a customer, you are not legally or contractually obliged to provide us with your personal data; however, we may only be able to provide certain offers to a limited extent or not at all if you do not provide the necessary data. If this should exceptionally be the case in the context of the products presented below that we offer, you will be notified separately.
(11) Legal obligation to transmit certain data
We may, under certain circumstances, be subject to a special statutory or legal obligation to provide lawfully processed personal data to third parties, in particular public authorities (Art. 6 (1) sentence 1 lit. c GDPR).
(12) Your rights
You can assert your rights as a data subject with regard to your personal data that has been processed by us at any time using the contact details provided at the beginning of A.(2). As a data subject, you have the right:
– to request information about your data that has been processed by us in accordance with Art. 15 GDPR. In particular, you can request information about the purposes of the processing, the category of the data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the source of your data if it has not been collected by us, and the existence of automated decision-making including profiling and, if applicable, request meaningful information about the details;
– in accordance with Art. 16 of the GDPR, to demand the immediate correction of incorrect data or the completion of your data stored by us;
– to request the erasure of your data stored by us in accordance with Art. 17 GDPR, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to establish, exercise or defend legal claims;
– to demand the restriction of the processing of your data in accordance with Art. 18 GDPR, insofar as the accuracy of the data is disputed by you or the processing is unlawful;
– to receive your data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another responsible party (‘data transferability’) in accordance with Art. 20 GDPR;
– to object to the processing in accordance with Art. 21 GDPR, provided that the processing is carried out on the basis of Art. 6 (1) sentence 1 lit. e or lit. f GDPR. This is particularly the case if the processing is not necessary for the fulfilment of a contract with you. Unless it is an objection to direct advertising, when you exercise such an objection, we ask you to explain the reasons why we should not process your data as we have done. If your objection is justified, we will examine the situation and either stop or adjust the data processing or point out to you our compelling legitimate grounds for continuing the processing;
– in accordance with Art. 7 (3) GDPR, to revoke at any time vis-à-vis us your consent that you granted once (even before the GDPR took effect, i.e. before 25 May 2018) – i.e. your voluntary, informed and unequivocal will, made clear by a statement or other unambiguous confirmatory act, that you consent to the processing of the personal data in question for one or more specific purposes – if you have given such consent. As a result, we will no longer be allowed to continue the data processing based on this consent in the future, and
– in accordance with Art. 77 GDPR, to complain to a data protection supervisory authority about the processing of your personal data in our company.
(13) Changes to the data protection information
As part of the further development of data protection law and technological or organisational changes, our data protection notices are regularly reviewed for the need for adaptation or supplementation. You will be informed of any changes in particular on our German website at www.tel.io. This data protection notice is dated January 2025.
B. VISITING THE WEBSITE
(1) Explanation of the function
You can find information about our company and the services we offer at www.tel.io and its associated sub-pages (hereinafter collectively referred to as ‘websites’). When you visit our websites, your personal data may be processed.
(2) Processed personal data
When you use the websites for informational purposes, we collect, store and process the following categories of personal data:
‘Log data”: When you visit our websites, a so-called protocol data record (so-called server log files) is stored temporarily and anonymously on our web server. This consists of:
– the page from which the page was requested (so-called referrer URL)
– the name and URL of the requested page
– the date and time of the request
– Description of the type, language and version of the web browser used
– IP address of the requesting computer, which is truncated in such a way that it can no longer be linked to a person
– the amount of data transferred
– the operating system
– the message as to whether the call was successful (access status/http status code)
– the GMT time zone difference
‘Contact form data’: When using contact forms, the data transmitted in this way is processed (e.g. gender, first name and surname, address, company, email address and the time of transmission).
(3) Purpose and legal basis of the data processing
We process the personal data described in more detail above in accordance with the provisions of the GDPR, the other relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Article 6 (1) sentence 1 point (f) GDPR, the stated purposes also represent our legitimate interests.
The processing of protocol data serves statistical purposes and to improve the quality of our website, in particular the stability and security of the connection (legal basis is Art. 6 (1) sentence 1 lit. a or lit. f GDPR).
The processing of contact form data is carried out to process customer enquiries (legal basis is Art. 6 (1) sentence 1 lit. b or lit. f GDPR).
If the storage of information in your terminal equipment or access to information already stored in the terminal equipment is required for the processing of the data, Section 25 (1) and (2) of the German Teleservices Data Protection Act (TTDSG) is the legal basis for this.
(4) Duration of data processing
Your data will only be processed for as long as is necessary to achieve the processing purposes mentioned above; the legal bases stated in the context of the processing purposes apply accordingly. Regarding the use and storage duration of cookies, please note point A. (5) and the cookie policy.
Third parties we use will store your data on their system for as long as is necessary in connection with the provision of services for us in accordance with the respective order.
You can find more details about the storage period in A.(5) and the cookie policy.
(5) Transfer of personal data to third parties; justification
The following categories of recipients, who are usually processors (see A.(7)), may have access to your personal data:
– Service providers for the operation of our website and the processing of the data stored or transmitted by the systems (e.g. for data centre services, payment processing, IT security). The legal basis for the transfer is then Art. 6 (1) sentence 1 lit. b or lit. f GDPR, insofar as it does not concern contract processors;
– State agencies/authorities, insofar as this is necessary to fulfil a legal obligation. The legal basis for the transfer is then Art. 6 (1) sentence 1 lit. c GDPR;
– Persons employed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in company acquisitions or the establishment of joint ventures). The legal basis for the transfer is then Art. 6 (1) sentence 1 lit. b or lit. f GDPR.
– If you wish to apply for a job with us, you can do so using Personio. You can find more information under C.
Regarding the guarantees of an adequate level of data protection when data is transferred to third countries, see A. (8).
Otherwise, we will only transfer your personal data to third parties if you have given your express consent to do so in accordance with Article 6(1)(1)(a) of the GDPR.
(6) Use of cookies, plug-ins and other services on our website
a) Cookies
We use cookies on our websites. Cookies are small text files that are assigned to and stored on your hard drive by the browser you are using, through a characteristic string of characters, and through which certain information flows to the location that sets the cookie. Cookies cannot execute any programs or transmit viruses to your computer and therefore cannot cause any damage. They serve to make the internet offering more user-friendly and effective overall, and thus more convenient for you.
Cookies may contain data that makes it possible to recognise the device used. However, in some cases cookies only contain information about certain settings that cannot be linked to a particular person. However, cookies cannot directly identify a user.
A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session. With regard to their function, a distinction is made between:
– Technical cookies: These are essential to enable you to move around the website, use its basic functions and ensure its security; they neither collect information about you for marketing purposes nor store information about which websites you have visited;
– Performance cookies: These collect information about how you use our website, which pages you visit and, for example, whether you experience any errors when using the website; they do not collect any information that could identify you – all the information collected is anonymous and is only used to improve our website and find out what interests our users;
– Advertising cookies, targeting cookies: these are used to provide the website user with needs-based advertising on the website or offers from third parties and to measure the effectiveness of these offers; advertising and targeting cookies are stored for a maximum of 13 months;
– Sharing cookies: These serve to improve the interactivity of our website with other services (e.g. social networks); sharing cookies are stored for a maximum of 13 months.
The legal basis for cookies that are absolutely necessary to provide you with the expressly requested service is Section 25 (2) no. 2 TTDSG. Any use of cookies that is not technically necessary for this purpose constitutes data processing that is only permitted with your express and active consent in accordance with Section 25 (1) TTDSG in conjunction with Article 6 (1) (1) (a) GDPR. This applies in particular to the use of performance, advertising, targeting or sharing cookies. Otherwise, we will only disclose your personal data processed by cookies to third parties if you have given your express consent to do so in accordance with Art. 6 (1) sentence 1 point a GDPR.
b) Cookie Policy
For more information about the cookies we use and how you can manage your cookie settings and disable certain types of tracking, please see our Cookie Policy.
c) Social media plugins
We do not use any social media plugins on our websites. Insofar as our websites contain icons of social media providers (e.g. [name of social media providers with icons on the company’s website]), we use these only for passive linking to the pages of the respective providers.
C. Job applicants
If you apply for a job at our company, we process your application data exclusively for purposes related to your interest in current or future employment with us and the processing of your application. Your application will only be processed and acknowledged by the relevant contact persons at our company. All employees entrusted with data processing are obliged to maintain the confidentiality of your data. If we are unable to offer you employment, we will store the data you have provided for up to six months after any rejection for the purpose of answering questions related to your application and rejection. This does not apply if legal provisions prevent deletion, if further storage is required for the purpose of providing evidence or if you have expressly agreed to longer storage. The legal basis for the data processing is Section 26 (1) sentence 1 BDSG. If we store your applicant data for a period of six months and you have expressly consented to this, we would like to point out that this consent can be freely withdrawn at any time in accordance with Art. 7 (3) GDPR. Such a revocation does not affect the lawfulness of the processing that has taken place on the basis of the consent until the revocation. You can find more information at (link to Jobs at Telio Group)