Data privacy statement

Pursuant to this Data Privacy Notice, we are informing you about which personal data we will be collecting when you use our website, www.torial.com, and about the purpose for which the data will be used. You may access this information at any time by visiting https://www.torial.com/privacy.

1. 1 Controller / Point of Contact

Controller, within the meaning of the data protection laws, is:

August Schwingenstein Stiftung gGmbH
Widenmayerstraße 38
80538 Munich
Germany

If you have any questions or suggestions about data privacy or protection, feel free to also email us at datenschutz@torial.com wenden.

2. 1 Subject Matter of the Data Protection

The subject matter of the data protection is personal data. Under Art. 4 no. 1 of the General Data Protection Regulation (“GDPR”), personal data is any information that is related to an identified or identifiable natural person; such data include, for example, names but also identification numbers.

3. 1 Collection and Use of your Data

3.1 Registration data

3.1.1 To be able to use all functions of our website, you must register yourself. To register, you must provide the following mandatory information:

  • First name and last name
  • Email address
  • Password
  • Application text

These data are needed to set up and manage a user account for you in order to allow you to use all the features of our website. We need this data and possibly other data not least because we must be able to respond to any inquiries that you might have.

We collect such data in order to be able to make our website available to you (Art. 6 para. 1 lit. b GDPR).

If we process your data for purposes of making functions available on our website as described above, then you will be contractually obligated to provide us with such data. Without such data, we will be unable to make those functions available to you.

3.1.2 In addition, you may voluntarily share the following information in connection with the registration or your profile:

  • Profile photo
  • Qualification
  • Telephone number
  • Mobile number
  • Skype contact
  • Company
  • Address
  • Postcode
  • City
  • Country
  • Areas of expertise
  • Links to other profiles on the web
  • Clients
  • Publication languages
  • Language in which you specify your master data
  • Free fields for individual information provided by yourself
  • Editorial disclosure
    • Organizations worked for in the past 3 years
    • Family ties with companies, interest groups or the like
    • Memberships in associations, interest groups, political parties or the like
    • Company shareholdings
    • Supporter of associations, interest groups, political parties or the like
    • Free fields for individual information provided by yourself

This information is voluntary and not required in order to register. Please note that this information can be public depending on your settings.

We collect such data in order to be able to make the corresponding functions of our website available to you (Art. 6 para. 1 lit. b GDPR).

You are under no obligation to volunteer the aforementioned information. Without such data, we will be unable to make those functions available to you.

3.2 1.1 Community Functions

On our websites, we offer various community functions which allow you to interact with other users. You may post your own content and follow other users. In that respect, the profile data that you provided will be published, upon request, together with your post.

We point out that your posts and profile data are partly publicly accessible (a part from your application text) and that part of your personal information that you upload therein or provide upon registration may be viewed by others. We are unable to monitor how other users of our website use such information. Above all, we cannot prevent unwanted messages from being sent to you. Content uploaded to torial may be stored for unlimited periods of time. If, at any point in time, you would like to have any uploaded content removed, then send us a relevant email to the address shown above.

We collect all data entered in connection with the community functions in order to provide you with the community functions as agreed (Art. 6 para. 1 lit. b GDPR).

To the extent that we process your data, as described above, for purposes of providing community functions, you are contractually obligated to provide us with such data. In the absence of such data, we will be unable to make the relevant community functions available to you.

3.3 1.1 Support inquiries

If you contact us via email with support inquiries, then for the purpose of processing your inquiry, we will collect and store the personal data that you transmit. We shall delete any processed inquiries within 12 months.

We collect and process your personal data in order to respond to your inquiry as agreed (Art. 6 para. 1 lit. b GDPR).

4 Newsletter

We offer 2 types of free newsletters. Our editorial newsletter will provide you with relevant information around torial and is sent from time to time.

Morevoer, you may register for the "network activity" newsletter. This will inform you about new portfolio items within the topic areas you've subscribed to as well as information on users you follow and if a user you follow starts to follow someone else.

In order to log-in, you must first register with torial. You will thereupon receive an email containing a link with which you can confirm your email address. If you subscribe to a channel, then you will regularly receive emails with new content that is published in the relevant channel.

After confirming your email address, you will also receive our edited newsletter which falls within the exemptive purview of § 7 para. 3 of the German Act Against Unfair Competition (UWG).

You may cancel your newsletter subscription at any time. Each newsletter contains information about how you can cancel your newsletter subscription with immediate effect.

In that case, your personal data will be collected and processed in order to be able to offer you the newsletter as you had ordered it (Art. 6 para. 1 lit. b GDPR).

5 Cookies

We store so-called “cookies” in order to offer you a comprehensive range of functions and to more conveniently design the use of our website. “Cookies” are small electronic files that are stored on your computer with the help of your internet browser. If you do not wish to use “cookies”, then you can prevent “cookies” from being stored on your computer by adjusting the relevant settings in your internet browser. Please be aware that the functionality and the functional range of our offer may be thereby compromised.

We are using the following cookies

Is set when a user registers.
Name Usage
lang Supply of language functions.
cfduid The cfduid cookie is used to identify individual clients behind a shared IP address and apply security settings on a per-client basis.

These cookies cannot identify you as a person. In any case, the use of cookies is justified on the basis of our legitimate interest in having a needs-based design and the statistical analysis of our website and on the fact that your legitimate interests are not overriding (Art. 6 para. 1 lit. f GDPR).

6 Pseudonyme Use Profile

7.1 Google Analytics

We use Google Analytics, a web analysis service offered by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, which are text files that are stored in your end-user device and which assist in analysing your use of websites. The information generated by the cookie regarding your use of this website (including your truncated IP address) is transmitted to, and then located at, a Google server in the United States. Google will use this information in order to analyse your use of the website, to compile reports on the website activities for the website operator and to provide other services connected with the use of our website and Internet usage. Google will also transfer this information to third parties, if required by law or to the extent third parties process such data as commissioned by Google.

You can find more detailed information about how Google uses your data by viewing Google’s data privacy policy: https://www.google.com/policies/privacy/.

You may deactivate Google Analytics using a browser add-on if you do not wish to participate in the website analysis. You may do this by downloading this tool from the following website: http://tools.google.com/dlpage/gaoptout?hl=de. http://tools.google.com/dlpage/gaoptout?hl=de.

The use of Google Analytics is based on our legitimate interest in having a needs-based design, the statistical analysis and the efficient promotion of our website and on the fact that your legitimate interests are not overriding (Art. 6. para. 1 lit. f GDPR).

7 Changes in Purpose

The processing of your personal data will be carried out for purposes other than the described purposes only to the extent that this is allowed by law or you have consented to the changed purpose of the data processing. If a secondary processing is planned for purposes other than the purposes for which the data was originally collected, then prior to the secondary processing, we shall inform you about such changed purposes and shall provide you with all other information related thereto.

8 Automated Individual Decisions or Actions for Profiling

We do not use any automated processing procedures for reaching decisions or for profiling.

9 Disclosure of Data

In general, your personal data will not be disclosed without your express prior consent, except in the cases set forth below:

  • If required to investigate an unlawful use of our services or to institute legal proceedings, then personal data will be shared with criminal investigation authorities and, if necessary, with injured third-parties. Such data will be shared, however, only if there is tangible evidence of unlawful or abusive conduct. The data may also be shared if such action would help in the enforcement of terms of use or other agreements. We are also required by law to provide information at the request of certain government agencies. These are criminal investigation authorities, government authorities that prosecute administrative offences, and financial regulators.

Such data will be shared on the basis of our legitimate interest in combatting abuse, in prosecuting crimes and in securing, asserting and enforcing claims and on the basis that your rights and interests in the protection of your personal data are not overriding (Art. 6 para. 1 lit. f GDPR).

  • In order to provide the services, we rely on contractually bound third-party companies and outside service providers (commissioned processors; hereinafter “Processors”). In those cases, personal data is shared with such Processors in order to allow them to engage in further processing. These Processors are carefully selected by us and are routinely monitored to ensure that your private sphere is respected. The Processors may use the data only for the purposes that we indicate and are also contractually obligated by us to handle your data only in accordance with this Data Privacy Notice and with the German data protection laws.

Im Einzelnen verwenden wir folgende Auftragsverarbeiter:

  • Web hosts (domainfactory GmbH)
  • IT service provider (brainsome GmbH)
  • CDN Hosting (Cloudflare, Inc.)
  • Internal file hosting (Google Drive, Google LLC)
  • Addthis (Oracle, Inc.)
  • Cahoots
  • Email marketing services (Cleverreach GmbH)
  • Jira hosting (Seibert Media GmbH, via brainsome GmbH)

Data are shared with Processors on the basis of Art. 28 para. 1 GDPR or, alternatively, on the basis of our legitimate interest in the economic and technical advantages tied to using specialist processors and on the basis that your rights and interests in the protection of your personal data are not overriding (Art. 6 para. 1 lit. f GDPR).

  • We also process data in countries outside of the European Economic Area (“EEA”).

With respect to the United States of America, pursuant to a ruling adopted on 12 July 2016, the European Commission decided that under the provisions of the EU-U.S. Privacy Shield, an adequate level of data protection exists (adequacy decision, Art. 45 GDPR). You may retrieve additional information – also for certifying the service providers whom we engage – at https://www.privacyshield.gov. We use the following service providers who are certified under the EU-U.S. Privacy Shield:

  • Cloudflare, Inc.
  • Google LLC
  • Oracle, Inc.

  • In connection with expanding our business, the structure of August Schwingenstein gGmbH could change because its legal form is modified or subsidiaries, divisions or business units are formed, purchased or sold. Where such transactions arise, the customer information will be transferred together with the transferred part of the company. For each disclosure of personal data to third parties to the extent described above, we shall act to ensure that such disclosure is carried out in compliance with this Data Privacy Notice and with the relevant data protection laws.

Any disclosure of personal data will be justified inasmuch as we have a legitimate interest in modifying our corporate form when required to meet the changing economic and legal circumstance, and inasmuch as your rights and interests in protecting your personal data are not overriding (Art. 6 para. 1 lit. f GDPR).

10 Deletion of your Data

We delete your personal data as soon as such data are no longer required for the purposes for which we had collected or used them under the sections set forth above. As a rule, we save your personal data as long as the use or contractual relationship related to the website exists, plus a period of 7 days during which time we will retain backup copies following the deletion, provided that such data are no longer required for statutory reasons or for criminal prosecution or for securing, asserting or enforcing legal claims.

If you delete your user account, then your profile will be completely and permanently deleted. You may take such action directly on your account.

We shall, however, retain backup copies of your data for a period of 7 days before such data are then also permanently deleted, provided that such data are no longer required for statutory reasons or for criminal prosecution or for securing, asserting or enforcing legal claims.

If data must be retained for statutory reasons, then such data will be blocked. In that case, the data will no longer be available for any other use.

11 Your rights as a data subject

11.1 Right to information

To the extent set out in Art. 15 of the GDPR, you have the right to request at any time information from us about the personal data that we process and that affect you. To this end, you may make a request by post or by email directed to the addresses shown above.

11.2 Right to correct inaccurate data

You have the right to demand that we correct without undue delay any personal data impacting you, to the extent such data is inaccurate. To this end, please contact the addresses shown above.

11.3 Right to erasure (“right to be forgotten’)

SSubject to the conditions described in Art. 17 GDPR, you have the right to demand that we erase the personal data affecting you. These conditions afford a right of erasure if the personal data are no longer needed for the purposes for which they were collected or otherwise processed and in those cases where there has been unlawful processing or an objection or there is a duty of erasure under EU law or the laws of the Member State to which we are subject. For the duration of data storage please see section 12 of this Data Privacy Notice. In order to assert the aforementioned right, please contact the addresses shown above.

11.4 Right to restrict the processing

You have the right to demand a restriction of the processing in accordance with Art. 18 GDPR. This right exists specifically if we and the user disagree on the accuracy of the personal data, for the period required to assess the accuracy of the data and in the event that the user demands a restricted processing in lieu of erasure, when he or she has a right of erasure; this right also exists in the event that the data are no longer required for the purposes that we had sought, but the user still needs that data to assert, exercise or defend against legal claims, and if the successful assertion of an objection is still disputed between us and the user. In order to enforce the aforementioned right, please contact the addresses shown above.

11.5 Right to data portability

You have the right to receive from us the personal data, which affects you and which you made available to us, in a structured, commonly-used and machine-readable format in accordance with Art. 20 GDPR. In order to assert your aforementioned right, please contact the addresses shown above.

11.6 Right to object

You have the right at any time and on grounds relating to your particular situation to file an objection to the processing of your personal data, which is carried out on the basis of, inter alia, Art. 6 para. 1 lit. e or f GDPR in accordance with Art. 21 GDPR. We will discontinue processing your personal data, unless we are able to demonstrate compelling legitimate grounds for processing that override your interests, rights and freedoms or we can show that the processing serves the assertion, exercise or defence of and against legal claims.

11.7 Right to complain

You also have the right to file complaints with the competent supervisory authorities. The competent supervisory authority is:

Bayerischer Landesbeauftragter für den Datenschutz
Wagmüllerstr. 18
80538 Munich
Germany

poststelle@datenschutz-bayern.de

13.8 Image rights

torial automatically caches images which have been provided by a source as a preview image. This is an automatic process. If you as a photographer or an owner of the rights to the image do not agree with a picture being shown, you may report the image to us kontakt@torial.com. Please make sure to provide the link to the image and the corresponding portfolio items. We will examine your case as soon as possible and remove the image where applicable.

14 Amendments to this Data Privacy Notice

The current version of this Data Privacy Notice is always available for review at https://www.torial.com/privacy.

Last updated: 22 May 2018