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LEGAL (Privacy Policy and Terms and Conditions)

Privacy Policy and Terms and Conditions

–> Link to Cookie Directive

 

Privacy Policy

for mobile app TOURLINA and site www.tourlina.com, both offered by Michael Klumpp Unternehmensberatung.

Introduction
Michael Klumpp Unternehmensberatung, Voltastrasse 72, 60486 Frankfurt am Main, Germany (“Michael Klumpp Unternehmensberatung” or “we/us/our”) owns the domain “www.tourlina.com” and all of its sub-pages (“TOURLINA domain”) where it provides mobile app TOURLINA (“TOURLINA app”) available for download for various operating systems which is its principal means of running a platform for chatting with, getting to know and meeting other people (“TOURLINA”).

The service offering is based on the freemium model allowing a TOURLINA user (“user” or “you”) to use the TOURLINA domain or run the TOURLINA app to create a profile (“user profile”), upload images and exchange news etc. with other interested users and their user profiles for free. Users have access to various functions such as Chat, Around-me, chat request and many other TOURLINA functions. Added to that, TOURLINA offers a chargeable premium service for users who wish to gain access to further unique functions.
TOURLINA’s offering also lets you meet real people in your area and therefore classifies as a so-called dating service even if TOURLINA is NOT a dating app. Everybody aged 18 or older may register.

Collecting, processing and using your data is based on the provisions of the Federal Telemedia Act (TMG) and the data privacy laws, the latter particularly including the Federal Data Protection Act (BDSG) or – as of 25 May 2018 – the General Data Protection Regulation (GDPR).

This privacy statement explains how we will handle your personal data. Personal data is discrete information about private or objective conditions of a specific or identifiable natural person. Personal data includes, but is not limited to a person’s name, birthday, phone number or the e-mail address and usage data such as the IP address. Another purpose of the privacy statement is to inform users about the data collected, saved and processed and how Michael Klumpp Unternehmensberatung ensures the protection and safety of personal data.

This privacy statement breaks down into the following sections:
1. How is my data collected, processed and used when I download the TOURLINA app?
1.1. TOURLINA app download
1.2. Installation and access rights
2. How does TOURLINA collect, process and use my data if I just visit the TOURLINA domain or the TOURLINA app but do not create a user profile?
3. How does TOURLINA collect, process and use my data when I use the functions of the TOURLINA app or the TOURLINA domain after creating a user profile?
3.1 Mandatory entries for creating a user profile
3.2 Optional details
3.3 Location data
3.4 IP addresses
3.4 Payment data
4. How does TOURLINA use my data for advertising?
4.1. Which data is used for advertising and who is it given to?
4.2. What is an advertiser ID and how is it used?
4.3. Using location data
5. Which cookies, tracking and analysis services providers does TOURLINA use? How are social media and Like buttons integrated?
5.1 Cookies and cookie policy
5.2 Tracking and analysis services providers
5.3 Social media links
5.4 Embedded Like/Share buttons and social plug-ins
5.5 Facebook-Connect
6. How is data disclosed or forwarded?
General notes on the forwarding of personal data
6.2 Categories of data recipients
7. How is data processed and used for antispam purposes?
8. How is data deleted and backups created?
9. How does TOURLINA ensure data integrity?
10. User rights: consent and withdrawal of consent, information, correction, deletion, transfer
10.1 Consent and withdrawal of consent
10.2 Information, correction, deletion, transfer
11. Changes to this privacy statement
12. Privacy contact person

 

1. How is my data collected, processed and used when I download the TOURLINA app?

1.1. TOURLINA app download
When you download the TOURLINA app, the relevant data will be transferred to the app store operator concerned. Depending on the app store, the set of data may include the app store user’s e-mail address or customer number, the time of download and a unique device ID, for example. However, Michael Klumpp Unternehmensberatung has no influence on and is not liable for this data collection. The privacy statements / settings of the relevant app store operator apply.
Michael Klumpp Unternehmensberatung processes the data provided by the app store operator concerned inasmuch as this data is needed to download the TOURLINA app to the terminal device.

1.2. Installation and access rights
TOURLINA needs various access pathways and data to ensure the technical operability of the TOURLINA app and to provide the services you can run using the TOURLINA app.
Depending on which operating system you use, the installer may already ask your permission to access specific functions and pieces of information. Such access rights cover the location, messages, mobile data and others.
The user preferences of some terminal devices allow user to manually withdraw some of these rights. If you do, please bear in mind that not granting these rights may render the TOURLINA app partly or completely useless. Access rights will be checked before or after the installation, depending on your app version.

 

2. How does TOURLINA collect, process and use my data if I just visit the TOURLINA domain or the TOURLINA app but do not create a user profile?

Unless the user explicitly consents, Michael Klumpp Unternehmensberatung uses the personal data disclosed by the user or generated when using TOURLINA without creating a user profile solely for handling the relationship of use as described in this privacy statement.
Except for the data listed below, TOURLINA does not collect any personal data if you simply visit the TOURLINA domain (starting on a so-called landing or home page) or install the TOURLINA app without creating a user profile.

The set of data contains:
• IP address
• name of requested website, file, date and time of request
• data volume transferred
• browser type and version
• referrer URL (source URL) from which the user opened the page – requesting provider
plus the data below transferred by the user’s terminal device if the user just installs the TOURLINA app but neither registers nor creates a user profile:
• push handle (for sending push messages)
• location data (GPS location)
• country code
• language
• device name
• name and version of operating system.

This data is required to use the TOURLINA domain or to install the TOURLINA app as such or they are used for analysis for statistical purposes in order to optimise TOURLINA. This data is used to prevent and fight fake-profiles, illegal activity and spam and to secure the integrity and stability of the TOURLINA platform.

Collecting, processing and using the location data is necessary for the user to run the so-called “location-based service” which provides registered users with suggestions tailored to the user’s location. Sections 3.3 and 4.3 further explain the location data.
TOURLINA also uses cookies (see section 5.1), analysis services and tracking providers (see section 5.2).

 

3. How does TOURLINA collect, process and use my data when I use the functions of the TOURLINA app or the TOURLINA domain after creating a user profile?

Unless the user explicitly consents, Michael Klumpp Unternehmensberatung uses the personal data disclosed by the user or generated when using TOURLINA after creating a user profile solely for handling the relationship as described in this privacy statement. Proper use of TOURLINA to the full extent requires the user to create a user profile. This involves entering further personal data which Michael Klumpp Unternehmensberatung uses to provide the service agreed.

3.1 Mandatory entries for creating a user profile
You must enter the following details to register and create a user profile:
• email address
• password
• user name (first name and last name – only the first name is shown in the TOURLINA app)
• town
• date of birth
• sex
• profile picture

We collect, process and use the data you enter so that you can use TOURLINA. Among other things it helps us address and authenticate you, verify your age, personalise your profile, display matching user profiles and show you ads (see section 4).

3.2 Optional details
You may add many optional details to your user profile. They particularly help TOURLINA to select other user profiles by various criteria, suggest them to the user and display them in TOURLINA. Additional details increase the probability of getting in touch with matching user profiles. However, these details are entirely optional and the user can see, enter, modify or delete them in the Details section of the profile,
We collect, save and use the data you enter so that you can use TOURLINA. It may also be used for ads (see section 4 for information about advertising).
Whereas these optional details are visible as “public” information to other logged-in TOURLINA users, the user owning the affected user profile can modify or delete them at any time via the Preferences section of the profile.

3.3 Location data
TOURLINA’s offering includes so-called location-based services which display specific choices tailored to the user’s location. A user can therefore be shown other users in the vicinity. To be able to provide these functions within the TOURLINA app, TOURLINA collects location data by means of GPS of the terminal device concerned as well as location data of nearby radio access nodes. Provided that the site survey is enabled and permission is granted, the location will be periodically transferred to Michael Klumpp Unternehmensberatung and will be respectively processed and used.
Users can change this functionality at any time by displaying the Preferences of their terminal device’s operating system at any time to either allow or disallow the collecting of location data.
Location data may also be used for ads (see section 4 for information about advertising).

3.4 IP addresses
We keep the users’ IP addresses for safety and checking purposes. The aim is to prevent abuse of the service. This data is used to prevent and fight fake-profiles, illegal activity and spam and to secure the integrity and stability of the TOURLINA platform.

3.5 Payment data
External payment service providers handle the transactions involved when a user does any In-App purchases via TOURLINA, subscribes to our chargeable premium service. Michael Klumpp Unternehmensberatung neither collects nor processes any payment data of shopping transactions. Instead, the payment service providers take care of entering and processing the payment data directly. All that Michael Klumpp Unternehmensberatung and the payment service providers do is to exchange technical data (e.g. the transaction ID) in order to validate the purchases.

 

4. How does TOURLINA use my data for advertising?
Michael Klumpp Unternehmensberatung decided to run TOURLINA as a freemium service which lets every user obtain a basic TOURLINA version free of charge. Users of the free version will be shown ads. The ads shown in TOURLINA contain our own advertising matters (such as the premium products of TOURLINA) or content ordered by an advertising firm in so-called campaigns. Campaigns may be personalised to tailor them to specific user groups (e.g., ads for cosmetic products just for female, etc.). Some ads shown in TOURLINA are mediated by external service providers.
Even though using data for advertising is a justified concern of Michael Klumpp Unternehmensberatung, the product will ask for the user’s consent before any of their data is used for advertising.
Once given, the consent can be withdrawn at any time by displaying the Privacy tile under the profile settings.

4.1. Which data is used for advertising and who is it given to?
Michael Klumpp Unternehmensberatung can use TOURLINA to show third-party ads which may be tailored to the users’ assumed specific interests (personalised ads), provided that the users have told TOURLINA that they agree. Once given, users can display the Privacy tile under the profile settings to withdraw their consent at any time.

Whenever such personalised ads are shown, the third party provider whose ad is shown in TOURLINA or whose services are used to show ads of other third parties the following data may be transferred (“forwarded data”):
• advertiser ID
• profile details
• location data
• technical data of the terminal device
• TOURLINA usage data
• data of ads shown
Forwarded data is disclosed to the following categories of recipients for the purposes explained:
• adserver services operators
• tracking services operators
• affiliate networks
• customer relationship services operators
• email providers
• other sales & marketing partners

When running TOURLINA, the product asks for the user’s consent to transferring the user’s data to a third party provider for the purpose of displaying personalised ads in the TOURLINA app or on the TOURLINA domain. The user can withdraw this consent at any time and for future effect by displaying the Privacy page of the profile settings.
When running TOURLINA, the product also asks for the user’s consent to transferring the user’s forwarded data to a third party provider for the purpose of displaying personalised ads on ad panels which are not part of TOURLINA. The user can withdraw this consent at any time and for future effect by displaying the Privacy page of the profile settings.

4.2. What is an advertiser ID and how is it used?
For tracking and advertising, the TOURLINA app uses the so-called advertiser ID, i.e. the “Advertiser Identifier” (IDFA) for offerings of Apple Inc. and the “Android Advertiser ID” (advertiser ID) for offerings of Google. Inc. (jointly the “advertiser ID(s)”). These advertiser IDs are unique non-permanent numbers identifying a specific terminal device. They are provided by iOS for offerings of Apple Inc. or by Android for offerings of Google Inc. As opposed to vendor advertiser IDs (generated by latest-generation operating systems and identical for the apps of just one provider), the advertiser ID is the same as the one transferred to other companies when running their apps.

Provided that the user agrees, the advertiser ID is used to display and analyse personalised ads in offerings studied online. Michael Klumpp Unternehmensberatung is limited to the actions below if a user owning an Apple device displays the iOS preferences, goes to “Privacy” – “Ads” and enables option “no ad tracking” or a user owning an Android device displays the “Google Settings” (or first “Settings” and then “Google”), clicks on “Display” and unticks option “Disable personalised ads”: measuring the banner interaction by counting the number of times a banner is shown but not clicked on (“frequency capping”), the click rate, identifying unique use cases (“unique user”) as well as safety precautions, fraud fighting and troubleshooting.

Michael Klumpp Unternehmensberatung also uses the advertiser ID for tracking. Thus, assuming a user is visiting another domain or running another app and clicks on a TOURLINA ad, that user will be identified by the advertiser ID as part of the registration procedure. The advertising company is then paid a certain amount when the tracked user completes the registration.
The user may display the device settings to delete the IDFA or the advertiser ID (“Reset ad ID”) at any time. In that case, a new IDFA or advertiser ID will be generated.

When running TOURLINA, the product asks for the user’s consent to Michael Klumpp Unternehmensberatung using the user’s advertiser ID for displaying personalised ads in the TOURLINA app or on the TOURLINA domain. Users can withdraw their consent at any time by displaying the profile settings, choosing Privacy and disabling the display of personalised ads.
For further details and Apple Inc.’s privacy policy visit: https://www.apple.com/legal/privacy/
For further details and Google Inc.’s privacy policy visit: https://www.google.de/intl/de/policies/privacy/

4.3. Using location data
Apart from collecting the location data by running GPS Location (see section 3.3) to enable the location-based services, TOURLINA collects and uses other location data to show the user ads in TOURLINA tailored to the user’s location and profile.
When running TOURLINA, the product asks for the user’s consent to transferring the user’s location data to a third party provider for the purpose of displaying personalised ads in the TOURLINA app or on the TOURLINA domain. The user can withdraw this consent at any time and for future effect by displaying the Privacy page of the profile settings.
When running TOURLINA, the product also asks for the user’s consent to transferring the user’s location data to a third party provider for the purpose of displaying personalised ads on ad panels which are not part of TOURLINA. The user can withdraw this consent at any time and for future effect by displaying the Privacy page of the profile settings.

 

5. Which cookies, tracking and analysis services providers does TOURLINA use? How are social media and Like buttons integrated?

 

5.1 Cookies and cookie policy
The TOURLINA domain uses cookies to make using the TOURLINA domain a very comfortable experience. Cookies are small text files temporarily stored locally by the Internet browser (so-called session cookies) or on the hard disk of either the mobile device or the computer (so-called permanent cookies). You can set your browser application to refusing to accept cookies or to asking you before a cookie is accepted. If cookies are accepted, the user is assigned an alias ID. A cookie neither runs programs on the user’s terminal device nor does it transfer viruses. Session cookies are temporarily stored and deleted when you end your browser session.

Michael Klumpp Unternehmensberatung also uses cookies to increase the safety of the TOURLINA domain, e.g. to authenticate a user during a session in order to avoid cross-site scripting or to prevent phishing and scamming.

In the name of Michael Klumpp Unternehmensberatung, tracking/analysis services providers (for details see section 5.2 Tracking and analysis services providers) upload cookies to a user’s device in order to capture that user’s usage data. This set of data includes details collected while the user is browsing the pages of the TOURLINA or other domain or clicking on ad banners. These cookies are used to display tailored ads, optimise advertising campaign reports and to avoid repeatedly showing the same ads.
Users have the option to influence the usage of cookies, most browsers provide a setup option for restricting or completely prohibiting the saving of cookies. Please note, though, that disabling the use of cookies may limit the use and convenience of TOURLINA.
For further details, please read our Cookie Policy at http://tourlina.com/legal/.

5.2 Tracking and analysis service providers
By analysing what its visitors do, TOURLINA optimises its services and how they are offered. To this end, Michael Klumpp Unternehmensberatung deploys methods able to analyse visits to the TOURLINA domain or the TOURLINA app. We also use tracking tools provided by third parties in order to analyse the reach of various advertising and marketing campaigns. Running third-party tools may involve the transfer of personal data.

While data processing mainly helps to troubleshoot TOURLINA, it is also important for optimising TOURLINA and adapting it to its users’ needs. Web analysis provides further details which are useful for Michael Klumpp Unternehmensberatung to obtain key facts about the number of visitors and how they distribute over time, about favourite content and the time users spend on our site. It may sometimes be possible or necessary to verify whether a user profile was created in response to a specific promotional activity. The data is further used for fraud and spam prevention. To actually analyse the user data, it is transferred to various third party providers.
TOURLINA currently uses the following analysis and tracking services providers:

Buddybuild
The TOURLINA app runs the analysis tool “buddybuild” (buddybuild) supplied by Doe Pics Hit Inc. #401 – 128 West Pender Street, Vancouver, BC, V6B 1R8, Canada, Email: team@buddybuild.com. (“Doe Pics Hit”). This analysis utility uses the users’ IP addresses albeit always after making them anonymous. It is therefore impossible to trade an address back to a real person. Buddybuild provides Michael Klumpp Unternehmensberatung with real-time analyses of system crashes which is a great help in maintaining and improving the TOURLINA app or TOURLINA domain. Details transferred are one user ID, the clicks as well as technical device data needed to analyse the error.
For further data protection details, read the privacy policy of Doe Pics Hit: www.buddybuild.com/privacy

Google Analytics
TOURLINA runs “Google Analytics” supplied by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Michael Klumpp Unternehmensberatung wishes to make you aware of the fact that, in TOURLINA, Google Analytics has been extended by IP masking function “_gat._anonymizeIp” which ensures that IP addresses are made anonymous first.
Please note the following details regarding the use of Google Analytics:
Google Analytics uses cookies to enable the analysis of how TOURLINA is used. As a rule, the cookie transfers the details of how you use TOURLINA to a Google server in the US and stores them there. First of all and provided that IP anonymisation is enabled, however, Google shortens your IP address used within the EU Member States or within other members of the Treaty on the European Economic Area. In the name of Michael Klumpp Unternehmensberatung, Google will use these details to analyse how you use our service, to compile activity reports and to provide the operator with other services linked to your use of TOURLINA.
You may object to this procedure:
You may object to Google Analytics collecting and saving your data at any time and with future effect. This will require you to install a browser plug-in supplied by Google for various browser versions for download at http://tools.google.com/dlpage/gaoptout?hl=de. For further details on how Google uses your data for advertising as well as the available settings and objection options, please visit the Google pages at https://www.google.com/intl/de/policies/privacy/partners/ (“How Google uses data when you use our partners’ sites or apps”), http://www.google.com/policies/technologies/ads (“How Google uses data for advertising”), http://www.google.de/settings/ads (“Manage information used by Google for advertising”) and http://www.google.com/ads/preferences/ (“Decide which ads Google will show you”).

 

5.3 Social media links
The TOURLINA domain contains links to Michael Klumpp Unternehmensberatung accounts with the following social networks: Instagram, YouTube, Pinterest, Twitter, Facebook and Google+. After clicking on the embedded picture, you will be taken to the associated Instagram, YouTube, Pinterest, Twitter, Facebook or Google+ page. That is to say that user data will not be transferred to the provider until you click on a link.
Provided that you and your user profile are logged in to the social destination network at the time, your click on the button will be associated with your visit to TOURLINA.
If you do not wish the social media to collect data via the TOURLINA domain, we recommend that you log off your social network before you visit the TOURLINA domain. But even so, one or several cookies with an ID will be uploaded when you click on the button and run TOURLINA. This function may therefore collect data and create a profile which may then be traced back to a specific natural person. If you do not wish this to happen, just visit the TOURLINA domain and click on the correct option to disable the function. Or you can set your browser to never accepting any cookies; please note that this may restrict the functionality of TOURLINA.
For details on how these sites handle personal data, please read the privacy policies of the relevant providers.

Facebook
Visit https://de-de.facebook.com/about/privacy/ to read Facebook’s privacy policy (operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA).

Twitter
Visit https://twitter.com/privacy to read Twitter’s privacy policy (operated by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA).

Instagram
Visit https://www.instagram.com or https://help.instagram.com/155833707900388 to read Instagram’s privacy policy (operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA).

Google+ / YouTube
Visit https://www.google.de/intl/de/policies/privacy/ to read Google’s / YouTube’s privacy policy (both operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA).

Pinterest
Visit https://about.pinterest.com/de/privacy-policy to read Pinterest’s privacy policy (operated by Pinterest Inc., 808 Brannan Street, San Francisco, CA 94103, USA).

5.4 Embedded Like/Share buttons and social plug-ins
You will also find that social plug-ins of Facebook (operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA) and Twitter (operated by Twitter Inc., 795 Folsom Street, Suite 600, San Francisco, CA 94107, USA) are embedded in the TOURLINA domain but disabled at first.

Clicking on “Like us on facebook” or “Follow us on twitter” enables the social plug-in of Facebook or Twitter. Only then will your user data be transferred to the Facebook or Twitter provider. With another click to “like” or “follow” the account of Michael Klumpp Unternehmensberatung, the service will then notify you of all activities of Michael Klumpp Unternehmensberatung’s account with Facebook or Twitter. Michael Klumpp Unternehmensberatung has no say in how these networks collect, process and use your data.
If you do not wish the social media to collect data via the TOURLINA domain, we recommend that you log off your social network before you visit the TOURLINA domain. But even so, one or several cookies with an ID will be uploaded when you click on the button and run TOURLINA. This function may therefore collect data and create a profile which may then be traced back to a specific natural person. If you do not wish this to happen, just visit the TOURLINA domain and click on the correct option to disable the function. Or you can set your browser to never accepting any cookies; please note that this may restrict the functionality of TOURLINA.
Facebook

Facebook

The TOURLINA domain uses the social plug-in of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA needed for the social network at facebook.com. Visit https://de-de.facebook.com/about/privacy/ to read Facebook’s privacy policy.

Twitter
The TOURLINA domain uses the social plug-in of Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA for the social network at twitter.com. Visit https://twitter.com/privacy to read Twitter’s privacy policy.

5.5 Facebook-Connect
Michael Klumpp Unternehmensberatung allows you to run Facebook-Connect to log in to TOURLINA. To log in, you will be forwarded to the Facebook page (operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA) where you use your user data to log in if not logged in yet. A single click then links your Facebook profile to your TOURLINA user profile. This link then automatically provides Michael Klumpp Unternehmensberatung with your Facebook data, i.e. your e-mail address and other details stored with your public Facebook profile. Your public Facebook profile shows all data you have made publically known via Facebook. A public Facebook profile normally consists of the following details: your name, profile picture, sex, language, country, age bracket, Facebook ID, friends, likes and your relationship status.

Of these details provided by Facebook, Michael Klumpp Unternehmensberatung just uses your e-mail address, Facebook ID, profile picture, likes and your date of birth. These details go into your user profile. For further information about Facebook-Connect and its privacy settings please visit https://www.facebook.com/policy.php and read Facebook’s privacy rules and terms of use.

 

6. How is data disclosed or forwarded?
Michael Klumpp Unternehmensberatung does not forward the personal data of its users to third parties, unless the user explicitly agrees or such forwarding is required or permitted by law.

6.1 General notes on the forwarding of personal data

User and other data
TOURLINA may transfer customer data to the following third parties if such data concern the execution of the contract:
• External service providers and their agents. TOURLINA may order external companies or persons to process customer data.
• Affiliated companies. TOURLINA may order affiliated companies to process customer data.

Other disclosures
TOURLINA may forward or disclose customer data as follows:
• Subject to changes to its organisation. In conjunction with mergers, acquisitions, bankruptcy or liquidation proceedings, restructuring measures, divestment of some of all of TOURLINA’s assets, funding procedures, acquisition of some or all of our business, similar transactions or proceedings or steps having regard to such activities (e.g. due diligence investigations).
• Subject to statutory regulations. In order to comply with statutory regulations or authority constraints and in response to legitimate inquiries, court orders and legal procedures.
• Subject to enforcing Michael Klumpp Unternehmensberatung’s rights, to preventing fraud and to ensuring safety. To protect and defend the rights, property and/or safety of TOURLINA or third parties, including the enforcement of contracts and directives and in support of investigating and preventing cases of fraud.
TOURLINA may use aggregate data or data not containing any personally identifiable facts for any purpose. For business or analysis purposes TOURLINA may thus forward such aggregate data or data not containing any personally identifiable facts to partners or others by publishing the number of messages sent via TOURLINA on a specific day, for example.

6.2 Categories of data recipients
TOURLINA currently employs external data processing services providers for the following services:
• infrastructural services (e.g. Google Cloud, Amazon Web Services)
• customer support services (e.g. Zendesk)
• email notification services (e.g. Mailchimp)
• analysis and tracking services (see section 5.2)
• advertising and sales partners (see section 4.1)
Depending on which services are provided, TOURLINA may also ask affiliated companies to act as data processing services provider for providing some or all of the services offered its customers.

 

7. How is data processed and used for antispam purposes?
Personal data is used as described below to fight spam (unsolicited ads) and illegal activity (fraud, blackmail, prostitution etc.):
• IP and email addresses are saved to detect spam & scam for as long as the user is active.
• Messages are automatically checked for specific keywords but not saved for this purpose.
• Personal data such as an active user’s sex, age and location is saved and pooled with other non-personal data in order to detect any abnormalities.
• Whereas previous phone numbers are saved to check suspicious profiles sent by SMS, such phone numbers cannot be associated with the verified user.

 

8. How is data deleted and backups created?
Deleting a user profile (attention: not by deleting the TOURLINA app!) or notifying us accordingly deletes all of that user’s data except for the data we have to retain in conformity with statutory regulations or to handle a contract. Apart from that, users can remove profile details themselves or ask us to do so at any time. Such details will be immediately removed from the productive databases and, thus from the TOURLINA interface; however, it may take up to 14 days until the data is removed from all of TOURLINA’s server layers, cache memories and backup databases.

In case certain facts lead to the suspicion that a user profile uses TOURLINA illegally or contrary to the contract with us, we reserve the right to check and perhaps save profile files before deleting them. This is to protect the users of Michael Klumpp Unternehmensberatung’s offerings.

Irrespective of data deleted because of user-deleted profiles, TOURLINA automatically and periodically deletes historical data no longer needed to perform the contract (e.g. historical location details and IP data).

In order to protect its datasets, Michael Klumpp Unternehmensberatung creates so-called backup copies which are overwritten and, thus, deleted for good after 14 days. Deletion also affects log files that may be contained in these backups. Log files will also be deleted when a user profile is completely deleted.

 

9. How does TOURLINA ensure data integrity?
The trust of its users and protecting their data is of great importance to Michael Klumpp Unternehmensberatung. To prevent unauthorised access to or disclosure of user data and to ensure the integrity and appropriate use of the data, Michael Klumpp Unternehmensberatung has appropriate physical, technical and administrative procedures in place to protect the information collected by Michael Klumpp Unternehmensberatung.

To provide highest-level protection of the user data, the offerings of the TOURLINA domain or TOURLINA app rely on a secure SSL connection that allows the transfer of nothing but encrypted data.

 

10. User rights: consent and withdrawal of consent, information, correction, deletion, transfer

10.1 Consent and withdrawal of consent
When registering with TOURLINA, users agree to collecting, saving and processing their personal data subject to this Privacy Statement and our General Terms and Conditions. Users will have to explicitly consent to this procedure when they create their user profile. Michael Klumpp Unternehmensberatung logs both the granting of the consent and the entire process of user profile creation.
Users can withdraw their consent at any time and with future effect. Methods of doing so is by deleting their user profile (not the TOURLINA app), going to the specified user profile places in the TOURLINA app or TOURLINA domain or by sending us an email or letter to:
LETTER: Michael Klumpp Unternehmensberatung, Voltastrasse 72, 60486 Frankfurt am Main, Germany
EMAIL: support@tourlina.com

10.2 Information, correction, deletion, transfer
Subject to the applicable laws, users have a right to being informed about their personal data stored and a right to correcting, deleting and/or transferring such data, if so.
To exercise these rights, users may send an email to support@tourlina.com.

 

11. Changes to this privacy statement
Michael Klumpp Unternehmensberatung will update this privacy statement as necessary. Using the user data is subject to the most recent version available for download at http://tourlina.com/legal/. An email will be sent to the email address stored with the user profile to inform users about major changes to this statement (e.g. changes to the user rights, new functions, new contact persons etc.). By continued access to and use of TOURLINA after such changes have taken effect, users declare their consent to being legally bound to the revised privacy statement.

 

12. Privacy contact person
If you have questions concerning the collection, processing or use of your personal data, if you wish to be informed, to correct, bar or delete any data or to withdraw a previous consent, please do one of the following: delete your user profile (not the TOURLINA app) or go to the specified user profile places in the TOURLINA app or TOURLINA domain and modify your user profile there
or send us an email or letter to:
Michael Klumpp Unternehmensberatung
Voltastrasse 72, 60486 Frankfurt am Main, Germany
EMAIL: support@tourlina.com

 

Michael Klumpp Unternehmensberatung, Frankfurt am Main, Germany, April 30th 2018

 

 

General Terms and Conditions of TOURLINA

Preamble
The following General Terms and Conditions govern the contractual relationship between Michael Klumpp Unternehmensberatung, Voltastrasse 72, 60486 Frankfurt am Main, Germany, responsible Tax Authority: Frankfurt am Main * Legal Entity: Einzelunternehmen * eingetragenes Gewerbe in Frankfurt am Main (Gewerbeamt: Kassen- und Steueramt, Paulsplatz 9, 60311 Frankfurt am Main) (hereinafter referred to as “TOURLINA”) and the users of TOURLINA services, and define the conditions under which use of TOURLINA services occurs.

By registration at TOURLINA e.g. at http://tourlina.com (hereinafter referred to as “Website”) and all domains referring to it, such as mobile apps for IOS and Android devices (hereinafter referred to as “mobile apps”), the user accepts the below-mentioned Terms and Conditions. If the user does not accept the Terms and Conditions, registration must be withdrawn.

These General Terms and Conditions are valid for all websites and mobile apps of the operator TOURLINA.

1. Validity
2. Services
3. Completion of contract, Start of contract, Prices
4. Cancellation Policy
5. Data Protection
6. Termination of free usage
7. User obligations
8. Violations of user obligations
9. Granting of rights
10. Prohibition of business or commercial use, Prohibition of spamming
11. Compensatory Damage
12. Liability of TOURLINA
13. Changes to General Terms and Conditions
14. Final provisions

 

1. Validity
The here mentioned Terms and Conditions are regulations under which the use of the TOURLINA website and the mobile applications of the Michael Klumpp Unternehmensberatung occurs. The Terms and Conditions also apply if the service is used outside the Federal Republic of Germany. By registration with the operator, the user acknowledges to have read and understood the Terms and Conditions and to have accepted them. Differing regulations and specific user conditions which contradict the Terms and Conditions require written consent of the operator.

 

2. Services

2.1. TOURLINA operates an online Social Network Community and offers the user access to a database through which users can get to know each other to develop partnerships and friendships. The database can be reached via http://tourlina.com (acting as general webpage for all linking domains) as well as through the mobile applications of the iOS and Android-based devices and also other possible devices in future. This database contains profiles, pictures and information about other users. Registered users can view the profiles and information of other users and contact them.

2.2. TOURLINA is offered exclusively for private purposes. Commercial use is not included in the services provided and strictly forbidden. Commercial profiles are identified clearly and carry the names of their respective owners.

2.3. The operator is authorized to entrust third-party service providers and agents with the provision of parts or the whole range of services.

2.4. The user expressly agrees that TOURLINA may send newsletters at irregular intervals. The sending of newsletters can be stopped by the user at any time via the unsubscribe link.

 

3. Completion of contract, Start of contract, Prices

3.1. The contract between TOURLINA and the user comes into effect at the time of registration by the user on the TOURLINA webpage or through the mobile applications.

3.2. The user can register for free by filling out the registration form. Alternatively, the user can register using the Connect functions of third party providers (e.g. Facebook Connect). On this occasion, selected data from the respective user profile is stored in the TOURLINA data base. When registering via the Connect functions, the user states his acceptance of the respective conditions of the third party providers and consents that certain information is being stored in the TOURLINA data base.

3.3. The use of the service in its basic features is free. The user can acquire various additional features (“premium features”), which are subject to charge. The respective prices are shown to the user clearly on the TOURLINA webpage and in the mobile apps. TOURLINA reserves the right to change these prices at unspecified times.

3.4. As part of the booking of premium functions for a defined period, the user purchases a subscription that is automatically extended at the end of the selected period, unless it is terminated by the user within 24 hours of the end of the respective period.

3,5, TOURLINA expressly states that only one user account may be created per user. Existing user accounts must be deleted before a new user account can be registered.

 

4. Cancellation policy

Any user, situated in any country in the European Union has the right to cancel their TOURLINA paid subscriptions as well as their credit purchases. The following cancellation policy applies:

Notice of cancellation rights
Right of cancellation

You have the right to cancel this contract within 14 days without giving reason. The cancellation period is fourteen days after the date of contract conclusion.

To exercise your right of cancellation, you must inform Michael Klumpp Unternehmensberatung, Prager Str. 10, 01069 Dresden, Germany; E-Mail: support@TOURLINA.com of your decision to cancel this contract by means of a clear statement to this effect (e.g. a letter sent by post, fax or e-mail). You may use the enclosed cancellation form for this, though it is not obligatory.
The dispatch of the notification that you are exercising your right of cancellation before the end of the cancellation period is sufficient to observe the cancellation deadline.

Consequences of cancellation
If you cancel this contract, we shall refund to you all payments which we have received from you, including delivery charges (except for additional costs incurred as a result of the fact that you requested a type of delivery other than the cheapest standard delivery offered by us) without delay and at the latest within fourteen days from the date on which we receive the notification of your cancellation of this contract.

For this refund we shall use the same means of payment that you used in the original transaction, unless expressly agreed otherwise; under no circumstances shall any charges be debited to you for this refund.

If you requested that the service should start during the cancellation period, you will have to pay a suitable amount of money that covers the service provided in the period between the beginning of the contract and the date your right of cancellation of this contract has reached us. This amount corresponds to the relative share of the already provided service compared to the full range of service that the concluded contract covers.

— End of cancellation policy —

Cancellation template
If you decide to cancel the concluded contract, please fill in the form below and send it back to us.

To: Michael Klumpp Unternehmensberatung, Prager Str. 10, 01069, Germany; Email: support@TOURLINA.com

We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale
of the following goods*/provision of the following service (*)
____________________________________________________________

Ordered on (*)/ received on (*): ___________________________
Consumer’s name: ___________________________
Address of consumer: ___________________________

____________________________________________________________
Consumer’s signature Place, date
(only when sending statement in paper)
(*)Delete as applicable.

 

5. Data protection

TOURLINA’s data protection guidelines can be found following the link http://tourlina.com/legal (below the Privacy Policy within this text).

 

6. Termination of free usage

• Every user has the right to cancel his or her membership at TOURLINA at any time. To do this the account settings on the mobile apps contain the option ‘delete account’. Termination by fax or email is also possible.
• The membership can be terminated by TOURLINA without notice, when the user violated these Terms and Conditions.
• In addition, TOURLINA reserves the right to reject registration without having to provide reasons for this.
• After cancellation of membership all data will be deleted by TOURLINA from the respective database, as long as this is not required for evidence purposes due to illegal user activity beyond the termination of the contract.

 

7. User obligations
7.1. The user is solely responsible for the content of his registration and therefore for the information that he submits about himself. In particular the user is obliged not to save, publish, transfer or distribute racist, offensive, discriminating, harassing, libelous, sexual, pornographic, material. As well as material glorifying violence or other illegal content, people or images. In addition, the user is expressly advised that it is forbidden to use legally protected concepts, names, images, videos or other materials.

 

7.2. Furthermore, he is obliged to take the appropriate measures to prevent unauthorized use of his data by third parties, in particular passwords. He is obliged to inform TOURLINA immediately about detected or suspected unauthorized use of his account.

7.3. The user ensures that no pictures or any other material is uploaded from his account for which he does not have the copyright secured by law.

7.4. The user ensures also that the information submitted is true and describes his character. The contracting parties agree that it is considered to be of legitimate interest of TOURLINA to authorize the verification of information submitted by the user if necessary.

7.5. The user agrees to indemnify TOURLINA for all kinds of claims, damages, losses or demands which can arise from registration and/or participation in this service, insofar these damages do not result from intent or negligence on the part of TOURLINA, or its legal representative or agents. In particular the use undertakes to absolve TOURLINA from any liability and from all obligations, expenses and claims resulting from damages due to slander, insult, and damage to personal rights, resulting from loss of service for the user, damage to material goods or other claims.

7.6. The user commits himself not to intentionally give the information of third parties (including email addresses) instead of his own. In particular he undertakes not to give bank details or credit card details of third-parties with fraudulent intent.

7.7. Furthermore the user is committed to observe the respectively applicable laws when registering and using the service at http:/tourlina.com or the mobile applications.

7.8. The user undertakes to treat emails and any other possible incoming messages as confidential and not to make these public to third parties or forward them without the consent of the originator. The same applies for names, telephone and fax numbers, addresses, email addresses and / or URLs.

7,9. Moreover every individual user undertakes not to misuse the service, in particular:
o not to forward any defamatory (e.g. slander), offensive or in any other way unlawful material or similar kinds of information
o not to use the service to threaten or harass other people / users or to infringe the rights (including personal rights) of third parties
o not to upload data containing a virus (infected software). In general no software or other material is to be uploaded which is protected by copyright unless the user owns the rights for it or the necessary approval – written evidence is required here by the operator
o not to use the service in such a manner which negatively influences the availability of the services for other users
o not to intercept any emails nor attempt to do so.
o not to carry out advertising for other internet portals
o not to create chain letters or forward them.
o not to mention names, addresses, telephone or fax numbers and email addresses in personal and voluntary information (user profiles)

7.10. Which pictures are not allowed?
o Pictures that suggest or show nudity, sexual and/or pornographic acts
o Images protected by copyright /stolen pictures (for example pictures from the internet)
o Pictures that show violence, drugs, arms or similar content
o Pictures that show consumption of alcohol, cigarettes, hashish etc. by people under 21 years of age
o Pictures that contain text and/or contact details or from which inferences about personal details are possible
o Pictures that show masked, hooded or distorted faces
o Pictures with symbols, flags or other signs and offensive gestures of any kind (except recognized national flags)
o Pictures with registered trademarks
o Pictures which point to other webpages or show other commercial material
o Individual pictures of children and young people under 14 years of age
o Fuzzy, very small and/or not clear pictures
o Pointless pictures that do not benefit our community, such as material parts (floor coverings, plaster, other surfaces etc.), technical devices (vacuum cleaners, hairdryers, toilet brushes etc.), objectless, monochrome pictures etc.
o Multiple identical pictures

7.11. Which pictures are allowed?
o pictures on which you are easily recognizable
o Sexy (but PG!) pictures of you
o group photographs with your friends and family (if they agree to publish this content)
o Your pet (as long as you are on the picture too)
o personal creations and works of art (like Tattoos or drawings)
o nature and holiday shots
o your personal belongings
o Other personal picture which do not fall under the not allowed category

 

8. Infringement of user obligations

8.1. TOURLINA has the right to remove content, people or images which infringe the existing general conditions of use or which are illegal, e.g. against laws and regulations, in particular the protection of minors, data protection, protection of personal rights, protection against slander, copyright and trademarks.

8.2. No obligation exists to restore information deleted by TOURLINA.

8.3. Furthermore, TOURLINA has the right to warn the user about non-compliance with the general conditions of use, and suspend or definitively end TOURLINA services for the particular user. Depending on the seriousness and manner of the offence, infringement may also result in civil or criminal penalties for the user.

8.4. In the event of exclusion from TOURLINA, all free and purchased credits and premium services expire without replacement. In the case of suspension, entitlement to use the premium functions is not extended by the period of suspension. These services also expire without replacement.

8.5. TOURLINA expressly reserves the right to assert further damages, in particular claims for damages.

 

9. Granting of rights

9.1. TOURLINA permits its registered users to use the portfolio of products and services offered, taking into account legal requirements and the existing Terms and Conditions, and to upload, save, publish, distribute, transmit content and share it with other users.

9.2. The user authorizes TOURLINA to show him customized promotional offers, based on the evaluation of information contained in his profile and also his user behavior.

9.3. The user grants TOURLINA the irrevocable, royalty-free, non-exclusive and geographically-unrestricted right to use all content generated, transmitted, saved and published. Therefore TOURLINA, and companies connected to TOURLINA, are entitled to the unrestricted use of all content including editing, copying, modifying, translating, creating and taking possession of derivative works. In doing so, there is no restriction regarding the type of use. TOURLINA is therefore entitled to use content for advertising purposes or other publications, either in part or in whole and in any format or medium. In this regard, the user grants TOURLINA moral rights, whereby TOURLINA expressly points out that TOURLINA does not obtain ownership of the content provided by the user and therefore TOURLINA does not carry out any supervisory role of content.

9.4. TOURLINA explicitly advises users that content may be saved and forwarded to third parties, as far as is required by law or is necessary and legally permitted in its opinion.

9.5. Furthermore, TOURLINA explicitly points out that user data may be removed at any time without giving reasons and without informing the user concerned. This particularly relates to old chat records which are removed from the data base at irregular intervals and are therefore no longer available to the user.

 

10. Prohibition of business or commercial use, prohibition of spamming

10.1. The user guarantees not to pursue any commercial and / or business purposes relating to his use. He guarantees not to use the TOURLINA website or the mobile apps for commercial or business reasons.

10.2. Commercial or business use which the user agrees to avoid includes in particular:
o the offering of goods or services in exchange for money, the submitting of requests for relevant offers or linking to another site with accessible relevant offers (for example by linking to specific online auctions)
o advertisements for commercial internet sites, in particular sites which offer goods or services in exchange for money,
o to serve as illustration or advertisement for businesses or,
o to promote other commercial internet portals or mobile apps.
This applies particularly to the promotion of businesses in the form of pop-ups, banner advertisements or by specifically highlighted or prominent links. An internet site is also considered to be commercial if it is linked directly or indirectly to the commercial internet portal or mobile apps of another operator.
o mentioning or communicating value-added service telephone numbers or value-added SMS numbers (Premium SMS) within this internet portal.
o establishing contacts for the purpose of subsequent profit-making, in particular by subsequent links to 0900 numbers or value-added SMS numbers.
o the search for possible coworkers, models for agencies or money-making services.
o collecting profile information available within the internet portal or finding out information (eg. telephone numbers / mobile numbers) of individual users for the purpose of commercial use, advertising or resale to third parties.

10.3. The user undertakes to refrain from advertising to other users of the service offered or to other users in any form for commercial offers and from forwarding any messages (private messages or emails) which serve a commercial purpose. This also refers to placing or mentioning links in the available profiles of other users or any users of this service or the forwarding of messages through the internal message interchange system (e.g. message forwarding, forums and profile information).

 

11. Compensatory Damages

11.1. Any user who attempts to use or uses his participation for commercial or business purposes according to §10 of the Terms and Conditions is liable to pay compensatory damages to TOURLINA amounting to five thousand euro. In this case the user is permitted to provide evidence that no damage has occurred at all or considerably less than the five thousand euro. TOURLINA reserves the right to prove that a greater amount of damage has occurred hereby.

11.2. In the event of willful or grossly negligent violation of the user obligations described in §7 of the Terms and Conditions, the user undertakes to pay the operator a compensation, as far as the violation is not already established as the standard compensation according to paragraph (i) of this paragraph. The user is permitted to provide evidence that no damage has occurred at all.

 

12. Liability on the part of TOURLINA

12.1. For damages that occur of a physical, psychological or financial nature which are connected to the service offered, TOURLINA is only liable insofar if these damages result from a grossly negligent breach of duty on the part of TOURLINA, its legal representatives or agents, or from wilful intent on the part of TOURLINA, its legal representatives or agents.

12.2. For damages connected to the service offered and to legal assets other than life, body or health, TOURLINA is liable only insofar as these damages are due to a grossly negligent breach of duty by TOURLINA, its legal representatives or agents, or to wilful intent on the part of the operator, its legal representatives or agents.

12.3. TOURLINA may not be sued for incorrect information given during user registration, as the information given by the user may not always be checked due to its large volume and the identification of people on the internet is only partially possible. All users are personally responsible for verifying user information before contacting users in the form of chat conversations, meetings outside of TOURLINA or other interactions.

12.4. Furthermore, TOURLINA takes no responsibility whatsoever for possible misuse of information by other users or third parties. This particularly applies if the user himself made the information available. In addition, TOURLINA bears no liability for unauthorized gain of personal user data by third parties (e.g. the unauthorized access by “hackers” to the data bank), as long as it is not TOURLINA’s actual fault, in consideration of the limitation mentioned under paragraphs 1 and 2 of § 12, or the fault of its legal representatives or agents. TOURLINA is authorized, but not obliged, to check the content of every text, sent/uploaded pictures and graphic files for the provisions of these underlying Terms and Conditions and, if necessary, to modify or remove/delete it.

12.5. TOURLINA bears no liability for significant restriction to the service.

12.6. Furthermore, TOURLINA bears no liability for service breakdowns that it is not responsible for e.g. as a result of force majeure or technical internet failures.

12.7. TOURLINA takes no responsibility for the content of third parties and external links. Content published by users under the link http://tourlina.com is treated as third party content according to § 5 of the German Teleservices Act (TDG) in the version dated 22.7.1997, for which TOURLINA takes no responsibility whatsoever.

 

13. Changes to Terms and Conditions

13.1. TOURLINA reserves the right to change and amend the Terms and Conditions.

13.2. The user states his acceptance of the implementation of the amended Terms and Conditions for contracts completed before the changes, if TOURLINA informs the user that an amendment of the Terms and Conditions has taken place and if the user does not object to the change within two weeks, beginning with the day following the notification of the change.

13.3. Communication of the amendment must again include information about the possibility and the time limit for objections, as well as the relevance and the consequences of the failure to object. This can take place by email to the email address given by the user.

 

14. Online dispute resolution

14.1. Platform of the EU Commission regarding online dispute resolution: http//ec.europa.eu/consumers/odr

 

15. Final provisions

15.1. Contract amendments, additions and ancillary agreements, unless otherwise specified in these Terms and Conditions, require written form on both sides to be valid. The written form requirement also applies for the waiver of this same requirement.

15.2. Contractual agreements of partners are subject to the law of the Federal Republic of Germany excluding the UN Convention of International Sale of Goods (CISG) and the conflict of laws.

15.3. Should individual provisions of this agreement be or become invalid or unworkable, the rest of the agreement remains valid. The invalid or unworkable provision is to be replaced by a valid and workable regulation of which effects come closest to the economic aim that the contract partners pursued with the invalid and unworkable provision. The above provisions apply accordingly in the event that the contract is shown to be incomplete.

 

Michael Klumpp Unternehmensberatung, Frankfurt am Main, Germany as of 30th of April 2018

 

Open-Source Files

– MWPhotoBrowser, licensed under MIT license
– MBProgressHUD, licensed under MIT license
– MGSwipeTableCell, licensed under MIT license
– ECSlidingViewController, licensed under MIT license
– FSCalendar, licensed under MIT license
– KFSwiftImageLoader, licensed under MIT license
– ZLSwipeableViewSwift, licensed under MIT license
– Atlas, licensed under Apache License, version 2.0
– SwiftDate, licensed under MIT license
– DACircularProgress, licensed under MIT license
– PopDatePicker, licensed under MIT license
– Alamofire, licensed under MIT license
– Async, licensed under MIT license
– Cartography, licensed under MIT license
– KeychainAccess, licensed under MIT license
– XCGLogger, licensed under MIT license
– WebImage, licensed under MIT license
– HockeySDK, licensed under MIT license

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