PRIVACY POLICY

About this Privacy Policy

Tivian is committed to data protection and your privacy. Protecting the privacy of individuals is extremely important to Tivian as a provider of software as a service (SaaS) based feedback software. When it comes to processing personal data, we are aware of the importance of transparency for the individual whose data is being processed.

This Privacy Policy sets out the way Tivian processes personal data of visitors of our website (hereafter “website user(s)” or “user(s)”).

All terms herein have the meaning given under the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereafter “GDPR”), all subsequent laws that relate to data protection and privacy, and all regulations relating thereto such as guidelines, recommendations, and policies of the relevant data protection authorities all as amended or replaced from time to time (hereafter “Data Protection Regulation“).

1. WHO IS PROCESSING YOUR INFORMATION

This website is operated by:

Tivian XI GmbH
Christophstr. 15-17, 50670 Cologne, Germany
Phone: +49 221 27 169 0
Mail: dataprotection@tivian.com
Web: www.tivian.com

As the controller according to Art. 4 (7) GDPR, we ensure that user data is solely processed in accordance with the GDPR and related Data Protection Laws and Regulations.

We will share personal data collected through this website with other Tivian companies (hereafter jointly “Tivian”) to provide the best possible service, communication, and support from local Tivian representatives in your country. For more information on how we share your data, click here.

2. HOW WE PROCESS INFORMATION

We collect personal data to gather information about our website users and their areas of interest, to customize website content for users, to tailor our marketing messages to our current and potential customer base, and to enhance our website. We will use this information only as described in this Privacy Policy or in the way we specify at the time of collection.

Request for information

If you submit a request for information about our products, services, publications, events or related subjects (e.g. demos, whitepapers, downloads, invitations, pricing information, offers), we may collect and process your name, contact information, company/employer, your area of interest, country, website language and other personal data you provide. We will process this data to contact you, respond to your inquiries and provide requested information based on our legitimate interest to share information about Tivian, our products and services and related topics. The provision of any personal data is voluntary. This data is not provided based on any legal or contractual obligation.

Request for support

If you submit a request for information about our products, services, publications, events or related subjects (e.g. demos, whitepapers, downloads, invitations, pricing information, offers), we may collect and process your name, contact information, company/employer, your area of interest, country, website language and other personal data you provide. We will process this data to contact you, respond to your inquiries and provide requested information based on our legitimate interest to share information about Tivian, our products and services and related topics. The provision of any personal data is voluntary. This data is not provided based on any legal or contractual obligation.

Press inquiry

If you submit a request for information about Tivian and/or its products and services, for an interview or public statement as a member of the press, we may collect and process your name, contact information, company/employer, country, website language and other personal data you provide. We will process this data to contact you and respond to your inquiry based on our legitimate interest to provide you with public information and statements on Tivian, our products and services.

Website performance

We use cookies and similar tracking technologies (e.g. web beacon, pixels, and other identifiers) to recognize you and/or your device on our website to monitor your behavior and use of our website services. We use this information for our legitimate interest to improve the quality and performance of this website, offer customized content and enhance your user experience. Find more information on the use of cookies click here

Marketing

We use personal data from our website users, i.e. name, contact, and professional information, for our legitimate interest to create accurate and up-to-date records of existing and potential customers in our systems. To improve the quality of our database, we supplement existing data with personal data (i.e. employer, job title, contact information) we retrieve from other available lawful sources, e.g. online, social media platforms, address vendors, public registers etc.

If you are an existing customer, customer employee or customer contractor, we may use your information to provide you with information about our products and services (e.g. releases, promotional activities, special offers, events etc.) due to our legitimate interest, that all of our marketing activities are tailored to your interests, and to ensure you receive such information at the right time and place. If you are none of the above, you will receive direct marketing messages from us only upon your express consent.

We also maintain an accurate list of individuals who wish not to receive marketing materials and other information from us to comply with data privacy regulation.

Advertising

We use cookies and similar ad technologies (e.g. web beacon, pixels, and other identifiers) from advertising networks that collect information about you and your device. This technology serves our legitimate interest to enable the publication of customized marketing messages and ads to you on third-party websites and social media platforms. Find more information on the use of cookies click here

Webinars

If you sign up for a webinar, we may collect and process your name, contact information, company/employer, your area of interest, country, website language, and other personal data you provide. We will process this data to provide access to the webinar based on our legitimate interest.

Newsletter

If you sign up for our newsletter, we may collect and process your name, contact information, company/employer, your area of interest, country, website language, and other personal data you provide. We process this data to provide our newsletter, information about Tivian, our products and services, and related topics. Our processing is based on our legitimate interest or your consent. You can change your areas of interest at any time in our preference center and/or unsubscribe from the newsletter.

Applications

If you chose to upload or otherwise submit your recruitment inquiry (application), we will collect and process the following personal data based on pre-contractual measures or your consent: name, contact information, and all other personal data which you provide voluntarily, including but not limited to cover letters, curriculum vitae, work experiences, certificates, reports, grades, diplomas, sample works, references, letters of recommendation, skills, salary request, etc. We will process your personal data exclusively to receive and process applications and to make a decision about employment.

3. HOW WE SHARE INFORMATION

We will not share your personal data with third parties unless stated otherwise in this Privacy Policy or required by statutory law or authorities. Your personal data will be used and accessed by one or more of the following recipients:

TIVIAN COMPANIES

The Tivian Group includes:

Employees of the Tivian Group will process your personal data only to the extent necessary to respond to your inquiry, send requested information and content, get in contact with you, or achieve any other purpose for data processing set forth in this Privacy Policy.

We value the concept of data minimization and make reasonable efforts to ensure that only those employees will access and process personal data that actually require such data to perform their tasks.

As far as personal data is accessed from or processed by Tivian Inc. New York or Tivian Inc. Texas, we have undertaken appropriate safeguards by concluding standard data protection clauses adopted by the EU Commission (Art. 46 (2) GDPR). For further questions on these safeguards, please contact us at dataprotection@Tivian.com.

Tivian resellers

If you are in a location where Tivian does not maintain internal sales representation for its products, we may share your data, to the extent necessary, to respond to your inquiry, to get in contact with you, or to achieve any other purpose for data processing set forth in this Privacy Policy with our resellers. For details please see the list of Tivian’s resellers.

Suppliers

We may share personal data with suppliers, such as hosting providers. All suppliers are carefully selected, bound by data processing agreements, and audited on a regular basis. These suppliers will process personal data only on a need-to-know basis and as instructed by Tivian to ensure a secure, reliable, and high-performance user experience on this website. Some of our suppliers are situated outside European Union or European Economic Area (EEA). Where access to data is made available to such suppliers in countries outside the EEA which do not offer an adequate level of data protection, the transmission of data outside EEA is safeguarded by standard contractual clauses or binding corporate rules.

Marketing and CRM solutions

We process your personal data for marketing purposes only to the extent permitted by privacy laws and regulations. To deliver marketing messages and ads and to manage our customer relations we use cloud-based services and applications. Our suppliers for such services and applications process personal data only as instructed by Tivian and for the purposes described in this Privacy Policy.

Webtracking

We share personal data with providers of website tracking tools to monitor the performance and usability of this website. For more information on website tracking click here

Social networks

Our website uses social plugins (“plugins”) from social networks, i.e. facebook (facebook.com), twitter(twitter.com) and LinkedIn (linkedin.com) . These plugins can be recognized by their respective icons and/or logos.

We only use the share function (“share button”), which allows users to share our content to their profiles on social networks. In the event a user calls up the share function, his computer or device establishes a direct connection to the social network’s servers. Certain information is transmitted to the operator of the social network and, if logged in, integrated into the user’s profile. We have no influence on the type of data social networks actually collect with the help of this plugin. Such information may include session information, user ID, password, IP address, and other personal data.

If the user is logged in to the social network, its operator can assign the visit to the user’s profile and identity. The social network is hereby enabled to create profiles on the user. If a user is neither logged in nor a member of a social network, it is still possible for any network operator to obtain and store IP address and other data.

Users that do not want social networks to collect personal data via social plug-ins must log out of their social network accounts before using our website and/or and delete all relevant cookies.

4. COOKIES

As every other website, Tivian uses cookies and other technologies to ensure a secure and comfortable use of our website, to improve the quality of the website, and to facilitate customized promotional content.

What is a cookie?

Cookies are small text files stored by your web browser on your computer or device each time you visit a website. These files enable us to identify your computer or device when visiting our website. Some cookies are temporary and will be deleted upon closing your browser (session cookies). Other cookies remain on your computer for a period specified in the cookie, unless they are deleted prematurely by you.

What are cookies used for?

Website performance

Tivian uses cookies to recognize you when you visit our website to direct you to the most available webserver, provide our website in the language of your country and give you a personalized experience that is in line with your settings and interests. Cookies also enable users to sign in without using their user name and password.

Webtracking (Google Analytics)

We are continuously improving our website and its functionalities to ensure the best possible user experience. For this reason, we also gather information about visits to the website, including number of visitors and visits, duration of time spent, pages clicked on, content loaded, website visitors come from etc.

Tivian uses Google Analytics, a web analysis service of Google Inc, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Google uses cookies to track website users, information on sessions, and interactions across different devices and to create pseudonymous user IDs. The information generated about the user of our website is transferred to a Google server in the USA and stored there.

Google will process this information on behalf of Tivian to evaluate the use of our website, to compile reports on the activities within this website and to provide us with further services associated with the use of this website.

We use Google Analytics to locate you and to direct you to the proper language version of our website. Any IP address transmitted by your browser is not merged with other Google data.

Advertising and retargeting

Tivian also uses cookies and similar ad technologies (e.g. web beacon, pixels, tags and other identifiers) that enable us to serve relevant ads to you more effectively. These identifiers are being offered and published by third party advertising networks and integrated into our website. If you visit our website, your browser will provide certain personal and other information (e.g. log-in details, IP address, operation system) about you and your browser settings to advertising networks servers. These advertising networks can monitor and track your browsing activities across all websites you visit and publish ads according to your interests. Tivian uses these cookies and technologies to address customized marketing messages and ads to you on third party websites and social media platforms.

If you are logged in on to your Facebook, Bing or Twitter account, your browsing behaviour and log data (e.g. IP address) will be associated with your account with the advertising network which can identify you and your device.

Please note that Tivian will not provide advertising networks actively with your personal data or collect personal data in connection with advertising technologies unless you give your consent.

What third-party cookies does Tivian use?

For further information on the third-party cookies we use on our website, please visit our . Please note that the names of cookies, pixels, and other technologies may change over time.

What to do if you don’t want cookies to be set or want them to be removed?

If you wish to ensure that cookies are not placed on your computer, you may manage, delete or disable cookies in the ‘options’ or ‘preferences’ menu of your web browser privacy settings. However, deleting or disabling cookies may disable functionalities on our website and have an adverse effect on your overall browsing experience.

5. YOUR CHOICES

Withdrawal of consent

If you have given your consent to processing your personal data, you are entitled to withdraw your consent at any time. If you wish to do so, please contact Tivian by sending an email to dataprotection@Tivian.com or by other means. Please note that your withdrawal has no effect on the lawfulness of data processing prior to your withdrawal; such processing remains valid.

Right to object

You are entitled to object at any time to our processing of your personal data on grounds relating to your particular situation, unless Tivian demonstrates compelling legitimate interest in the processing which overrides your interests. Where Tivian processes personal data for direct marketing purposes or to maintain records of customers and prospects for the same cause, you are entitled to object such processing at any time without such restriction. If you chose to object to processing for direct marketing purposes, Tivian will no longer process your personal data for such data.

Additional rights

You may also be entitled to supplementary individual rights granted under the GDPR, such as the right to obtain confirmation as to whether or not personal data concerning you is being processed, and, where that is the case, access to the personal data and further information; to obtain the rectification of inaccurate or completion of incomplete personal data concerning you, to obtain the erasure of personal data concerning you subject to certain preconditions; to obtain restriction of data processing subject to certain preconditions; to receive the personal data concerning you, in a structured, commonly used and machine-readable format and the right to transmit those data to another controller subject to certain preconditions.

Legal restrictions may apply to the application or scope of such rights. If you wish to exercise a right to which you are entitled as data subject, please contact us by sending an email to dataprotection@tivian.com, or contact our Data Protection Officer.

You are entitled to exercise your rights for each purpose of data processing separately (e.g. you may object to receiving further newsletter and continue to receiving product informatio

We take your privacy very seriously. If you think our use of personal data is unfair, misleading or inappropriate, we are open to your comment. As a natural person affected by data processing you may lodge a complaint at any competent supervisory authority for data protection. However, we strongly recommend to get in touch with us directly to address your inquiry as soon as possible.

6. HOW LONG DO WE PROCESS YOUR INFORMATION

We will keep your personal data for no longer than is necessary for the purpose described in this Privacy Policy unless there is a legal basis for such processing or Tivian is obligated to keep personal data due to statutory retention duties.  If you chose to unsubscribe from our services at all, we will delete your personal data immediately upon canceling your subscription, except for personal data we need to ensure that you will not receive unsolicited messages in the future.

Personal data resulting from your application will be deleted no later than six months after completion of the recruitment process.

7. DATA PROTECTION OFFICER

TIVIAN DATA PROTECTION OFFICER

Lawyer Dr. Karsten Kinast, LL.M.

Address:
Rechtsanwalt Dr. Kasten Kinast, LL.M.
KINAST Rechtsanwaltsgesellschaft mbH
Hohenzollernring 54
50672 Cologne,  Germany

Phone: +49 (0)221 222 183 0
Fax: +49 (0)221 222 183 10
E-mail: mail@kinast.eu

www.kinast.eu