Data protection information for the app, the website and related services.

Data Protection Notice – Privacy Policy

Thank you for your interest in our company. Data protection is of particularly high importance to the management of TR Talk & DLS Duisburger Logistik Service GmbH. It is generally possible to use the websites of TR Talk & DLS Duisburger Logistik Service GmbH without providing any personal data. However, if a data subject wishes to use particular services of our company through our website, processing of personal data may become necessary. If processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the data subject's consent.

The processing of personal data — such as a data subject's name, address, email address or telephone number — is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection provisions applicable to TR Talk & DLS Duisburger Logistik Service GmbH. By means of this privacy policy, our company wishes to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of the rights to which they are entitled.

As the controller, TR Talk & DLS Duisburger Logistik Service GmbH has implemented numerous technical and organisational measures to ensure the most complete protection possible of the personal data processed through this website. Nevertheless, internet-based data transmissions can in principle have security gaps, so 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.

1. Definitions

The privacy policy of TR Talk & DLS Duisburger Logistik Service GmbH is based on the terms used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand, both for the public and for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

Among others, we use the following terms in this privacy policy:

a) 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.
b) data subject Data subject means any identified or identifiable natural person whose personal data is processed by the controller.
c) processing Processing means any operation or set of operations performed on 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.
d) restriction of processing Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.
e) 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.
f) 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 ensuring that the personal data are not attributed to an identified or identifiable natural person.
g) controller The controller is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
h) processor Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) recipient Recipient means 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.
j) third party Third party means 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.
k) consent Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.

2. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in Member States of the European Union and other provisions of a data protection nature is:

TR Talk & DLS Duisburger Logistik Service GmbH
Mausegatt 22
47228 Duisburg
Germany
Tel.: 0049 2065 / 421 425
Email: info@trtalk.eu
Website: www.trtalk.eu

3. Name and address of the data protection officer

The data protection officer of the controller is: Mr Ilyas Yilmaz

TR Talk & DLS Duisburger Logistik Service GmbH
Mausegatt 22
47228 Duisburg
Germany
Tel.: 0049 2065 421 425
Email: info@trtalk.eu
Website: www.trtalk.eu

Any data subject may contact our data protection officer directly at any time with any questions or suggestions concerning data protection.

4. Cookies

The websites of TR Talk & DLS Duisburger Logistik Service GmbH use cookies. Cookies are text files that are stored on 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 character string through which websites 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 data subject's individual browser from other internet browsers that contain other cookies. A specific internet browser can be recognised and identified by means of the unique cookie ID.

By using cookies, TR Talk & DLS Duisburger Logistik Service GmbH can provide the 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 optimised with the user in mind. As already mentioned, cookies enable us to recognise 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 their access data each time they visit the website, because this is handled by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping basket in an online shop. The online shop remembers the items a customer has placed in the virtual shopping basket by means of a cookie.

The data subject may prevent the setting of cookies by our website at any time by means of a corresponding setting in the internet browser used, and may thus permanently object to the setting of cookies. Furthermore, cookies already 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.

5. Collection of general data and information

The website of TR Talk & DLS Duisburger Logistik Service GmbH 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 server's log files. The following may be collected: (1) the 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 referrer), (4) the sub-pages which are accessed on our website via an accessing system, (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 that serve to avert danger in the event of attacks on our information technology systems.

When using this general data and information, TR Talk & DLS Duisburger Logistik Service GmbH does not draw any conclusions about the data subject. Rather, this information is needed in order to (1) deliver the content of our website correctly, (2) optimise 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 cyber attack. This anonymously collected data and information is therefore evaluated by TR Talk & DLS Duisburger Logistik Service GmbH statistically on the one hand, and with the aim of increasing data protection and data security in our company on the other, in order ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files is stored separately from all personal data provided by a data subject.

6. Contact option via the website

Due to statutory provisions, the website of TR Talk & DLS Duisburger Logistik Service GmbH contains information that enables quick electronic contact with our company as well as direct communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller is stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.

7. Routine erasure and blocking of personal data

The controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage, or where this has been provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.

If the purpose of storage ceases to apply, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with the statutory provisions.

8. Rights of the data subject

a) Right to confirmation Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they may contact an employee of the controller at any time.
b) Right of access Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain, free of charge and at any time, information from the controller about the personal data stored about them and a copy of that information. Furthermore, the European legislator has granted the data subject access to the following information:
the purposes of processing
the categories of personal data concerned
the recipients or categories of recipients 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 rectification or erasure of personal data concerning them, 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 Furthermore, the data subject has the right to be informed whether personal data have been transferred to a third country or to an international organisation. Where this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to exercise this right of access, they may contact an employee of the controller at any time.
c) Right to rectification Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain without undue delay the rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right to have incomplete personal data completed — including by means of providing a supplementary statement — taking into account the purposes of the processing. If a data subject wishes to exercise this right to rectification, they may contact an employee of the controller at any time.
d) Right to erasure (right to be forgotten) Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the erasure without undue delay of personal data concerning them, where one of the following grounds applies and insofar as the processing is not necessary:
The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
The personal data have been unlawfully processed.
The erasure of the personal data is required for compliance with a legal obligation under Union or Member State law 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. If one of the grounds mentioned above applies and a data subject wishes to arrange for the erasure of personal data stored at TR Talk & DLS Duisburger Logistik Service GmbH, they may contact an employee of the controller at any time. The employee of TR Talk & DLS Duisburger Logistik Service GmbH will arrange for the erasure request to be complied with without undue delay. Where the personal data have been made public by TR Talk & DLS Duisburger Logistik Service GmbH and our company, as controller, is obliged pursuant to Article 17(1) GDPR to erase the personal data, TR Talk & DLS Duisburger Logistik Service GmbH shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure by those other controllers of any links to, or copies or replications of, those personal data, insofar as the processing is not necessary. The employee of TR Talk & DLS Duisburger Logistik Service GmbH will arrange for the necessary measures in each individual case.
e) Right to restriction of processing Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller restriction of processing 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, the data subject opposes the erasure of the personal data and requests instead the restriction of their use.
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.
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. If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored at TR Talk & DLS Duisburger Logistik Service GmbH, they may contact an employee of the controller at any time. The employee of TR Talk & DLS Duisburger Logistik Service GmbH will arrange for the restriction of the processing.
f) Right to data portability Every data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them, which were provided to a controller by the data subject, in a structured, commonly used and machine-readable format. They also have the right to transmit that data to another controller without hindrance from the controller to which the personal data were provided, where the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, or on a contract pursuant to Article 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 Article 20(1) GDPR, the data subject has the right to have the 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 may contact an employee of TR Talk & DLS Duisburger Logistik Service GmbH at any time.
g) Right to object Every data subject affected by the processing of personal data has the right granted by the European legislator to object, on grounds relating to their particular situation, at any time to the processing of personal data concerning them which is carried out on the basis of Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions. In the event of an objection, TR Talk & DLS Duisburger Logistik Service GmbH will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims. If TR Talk & DLS Duisburger Logistik Service GmbH 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 such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to TR Talk & DLS Duisburger Logistik Service GmbH processing for direct marketing purposes, TR Talk & DLS Duisburger Logistik Service GmbH will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them which is carried out at TR Talk & DLS Duisburger Logistik Service GmbH for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest. To exercise the right to object, the data subject may contact any employee of TR Talk & DLS Duisburger Logistik Service GmbH directly. The data subject is furthermore free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling Every data subject affected by the processing of personal data 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 not 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 not 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, TR Talk & DLS Duisburger Logistik Service GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, 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 concerning automated decisions, they may contact an employee of the controller at any time.
i) Right to withdraw data protection consent Every data subject affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time. If the data subject wishes to assert their right to withdraw consent, they may contact an employee of the controller at any time.

9. Legal basis for the processing

Article 6(1)(a) GDPR serves our company as the legal basis 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 party, as is the case, for example, with processing operations necessary for the supply 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 processing operations necessary for carrying out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment 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 of another natural person. This would be the case, for example, if a visitor to our premises were injured and their name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. The processing would then be based on Article 6(1)(d) GDPR. Finally, processing operations may be based on Article 6(1)(f) GDPR. Processing operations not covered by any of the aforementioned legal bases are based on this legal basis where processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not override it. Such processing operations are permitted in particular because they were specifically mentioned by the European legislator. In this respect, the legislator took the view that a legitimate interest could be assumed where the data subject is a customer of the controller (Recital 47, sentence 2, GDPR).

10. Legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and shareholders.

11. Period for which the personal data will be stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of that period, the corresponding data is routinely erased, provided that it is no longer required for the performance or initiation of a contract.

12. Statutory or contractual requirements to provide personal data; necessity for the conclusion of a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We inform you that the provision of personal data is in part required by law (for example tax regulations) or may also result from contractual provisions (for example information about the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data when our company concludes a contract with them. Failure to provide 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 the personal data is required by law or by contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of failure to provide the personal data would be.

13. Existence of automated decision-making

As a responsible company, we do not use automated decision-making or profiling.

14. Determination of the country of stay (IP address and GPS)

In order to comply with the legal requirements of individual states, we determine the country in which a user is located while using the app. This is based on the GPS position transmitted by the device, provided that location access has been granted, or otherwise on the IP address of the connection. Only the country is determined, no more precise location. The result is used neither for advertising nor for profiling.

The assignment of the IP address to a country takes place entirely on our own server using a database stored there. The IP address is never transmitted to third parties. For this assignment we use the freely available database „IP Geolocation by DB-IP" (https://db-ip.com), provided under the Creative Commons Attribution 4.0 International licence (CC BY 4.0).

The legal basis is Article 6(1)(c) and (f) GDPR (compliance with legal obligations and our legitimate interest in operating the service in a legally compliant manner).

15. The TR TALK Pro app

This section describes which data is processed in the app itself. It supplements the information above, which relates to our websites.

Registration and account

An account is required in order to use the app. The following is collected: telephone number, a username you choose yourself, first and last name, country and language. The telephone number is used for signing in: you receive a one-time numeric code with which you identify yourself. Signing in is not possible without a telephone number, because it is the only way to restore an account and to recognise multiple registrations by the same person.

In addition, we store an identifier of your device. It serves solely to enforce a ban that has been imposed — without it, a second telephone number on the same device would be enough to circumvent a ban.

Push-to-talk

The core of the app is the transmission of spoken language in real time. When you press the talk button, your microphone is switched on and what you say is transmitted to the other participants in the room you are in. As long as you do not press the button, nothing is recorded and nothing is transmitted.

This transmission runs via our own server in Germany. It is not recorded and not stored; it exists only for the duration of speaking. The only thing retained is who spoke for how long — we need this information in order to limit speaking time per room and to be able to trace misuse.

Voice messages in the chat are different: you deliberately record and send them. They are stored until you or the recipient deletes them.

Location

If you permit it, the app transmits your location. It is used to show you on the map and to give you information about border crossings and places near you. Other users in the same room see your approximate location.

You can set the accuracy yourself so that your position is only shown approximately to others. You can withdraw location access at any time in your device settings; the app then remains usable without the map. In some countries the map function is switched off entirely for legal reasons.

The location is also transmitted while the app is running in the background, as long as a connection to a room exists. This is indicated by the permanent notice in your status bar.

Pictures and chat

You can upload a profile picture and further pictures, and send messages, pictures and voice messages to other users. This content is stored on our server. You determine in your profile who may see your profile picture and your pictures.

Uploaded pictures may be reviewed by us if there is a suspicion of unlawful content. Removed pictures are not immediately erased permanently, but kept for a transitional period so that a case remains traceable.

Notifications

So that calls and messages reach you even when the app is closed, we use the messaging service Firebase Cloud Messaging provided by Google Ireland Limited. In doing so, a device identifier is transmitted to Google. The content of your messages is not transmitted. You can switch notifications off in your device settings.

Maps

For the map display we use Google Maps provided by Google Ireland Limited. When the map is loaded, your IP address is transmitted to Google.

Moderation

If someone breaches the rules, we may mute them, remove them from a room or ban them. In doing so we store who imposed the measure, when, for what reason and for how long it applies. This information is necessary so that a measure remains reviewable and those affected learn why they are affected.

Where your data is held

All of the data mentioned is held on servers in Germany. Transfer to countries outside the European Union takes place only to the extent described above regarding notifications and maps.

Deletion of your account

You can delete your account at any time within the app itself, without having to write to us: under „Profile" and there „Delete account". On deletion, your profile, your pictures and your messages are removed and your account is no longer visible to others.

Your telephone number is deleted as well — unless a ban has been imposed on you. In that case we keep the telephone number alone for as long as the ban applies. If the ban is for a limited period, the number is removed when it expires; if it is permanent, the number remains stored for as long as the ban exists.

The sole reason for this is the enforcement of that ban: without the number, it would be enough to delete the account and register again immediately with the same number in order to circumvent the ban. We therefore keep the number for exactly as long as is necessary for this — no longer.

Your rights

The rights described under number 8 apply unchanged to the data processed in the app. Please contact the address given above for this purpose.

This privacy policy was created by the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer in Munich, in cooperation with the data protection lawyer Christian Solmecke.