1. Controller (Verantwortlicher)

The controller responsible for data processing on this website within the meaning of the General Data Protection Regulation (DSGVO/GDPR) is:

Ben Fayershtain
Berlin, Germany
Email: info@toz.red

"Controller" means the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data.

2. Data Protection Officer

No Data Protection Officer (Datenschutzbeauftragter) has been appointed. Pursuant to Art. 37 DSGVO, appointment is not required for this operation, as fewer than 20 employees are regularly engaged in the automated processing of personal data.

For any data protection enquiries, please contact: info@toz.red

3. Data We Collect

3.1 Server Access Logs

When you visit this website, our web server automatically records the following data in server log files:

• IP address of the requesting device
• Date and time of the request
• URL of the requested page
• HTTP status code
• Browser type and version (User-Agent string)
• Referring URL (Referrer), if transmitted by your browser
• Amount of data transferred

Legal basis: Art. 6(1)(f) DSGVO — legitimate interest. Our legitimate interest lies in the secure and stable operation of the website, detection and defence against attacks, and statistical analysis of usage for technical improvements. This data is not used to identify individual users.

3.2 Cookies

This website does not set any cookies by default. No tracking cookies, no analytics cookies, no advertising cookies.

CDN providers used to deliver scripts (see Section 4) may set technical session cookies. See our Cookie Policy for details.

3.3 localStorage — Language Preference

This website stores your language preference (English or German) in your browser's localStorage. This is a purely technical, client-side mechanism — the data never leaves your device and is not transmitted to our server. It is not a cookie and does not require consent under TTDSG § 25.

3.4 Contact by Email

If you contact us by email, we process your email address and the content of your message solely for the purpose of handling your enquiry.

Legal basis: Art. 6(1)(b) DSGVO (pre-contractual measures) or Art. 6(1)(f) DSGVO (legitimate interest in responding to enquiries), as applicable.

4. Third-Party Services

When you visit this website, your browser may make requests to the following third-party services. Each contact transmits your IP address to the respective provider.

4.1 Web Fonts (Self-Hosted)

This website uses the fonts Inter and JetBrains Mono, which are self-hosted on our own server. No request is made to Google Fonts or any other external font CDN. This avoids the data transfer issues identified by LG München I (Az. 3 O 17493/20, ruling of January 20, 2022).

4.2 GitHub API

The GitHub repositories page (/en/github) loads repository data directly from the GitHub API via a client-side JavaScript request.

• Provider: GitHub, Inc., 88 Colin P Kelly Jr St, San Francisco, CA 94107, USA
• Purpose: Display of public GitHub repository data
• Data transmitted: Your IP address and browser User-Agent string
• Legal basis: Art. 6(1)(f) DSGVO — legitimate interest in providing dynamic content
• Transfer to third country: USA. Transfer basis: adequacy decision for the EU–US Data Privacy Framework (DPF), Commission Implementing Decision of July 10, 2023
• GitHub Privacy Policy: docs.github.com — Privacy Statement

4.3 GSAP Animation Library (cdnjs.cloudflare.com)

This website loads the GSAP animation library from Cloudflare's cdnjs CDN.

• Provider: Cloudflare, Inc., 101 Townsend St, San Francisco, CA 94107, USA
• Purpose: Delivery of the GSAP JavaScript animation library
• Data transmitted: Your IP address and browser User-Agent string
• Legal basis: Art. 6(1)(f) DSGVO — legitimate interest in efficient content delivery
• Transfer to third country: USA. Transfer basis: EU–US Data Privacy Framework (DPF)
• Cloudflare Privacy Policy: cloudflare.com/privacypolicy

4.4 Lenis Smooth Scroll Library (unpkg.com)

This website loads the Lenis smooth scroll library from the unpkg CDN, which is also operated by Cloudflare.

• Provider: Cloudflare, Inc., 101 Townsend St, San Francisco, CA 94107, USA (unpkg.com is operated on Cloudflare infrastructure)
• Purpose: Delivery of the Lenis JavaScript scroll library
• Data transmitted: Your IP address and browser User-Agent string
• Legal basis: Art. 6(1)(f) DSGVO — legitimate interest in efficient content delivery
• Transfer to third country: USA. Transfer basis: EU–US Data Privacy Framework (DPF)
• Cloudflare Privacy Policy: cloudflare.com/privacypolicy

5. Your Rights (Betroffenenrechte)

Under the DSGVO, you have the following rights with respect to your personal data. To exercise any of these rights, please contact us at info@toz.red.

• Art. 15 DSGVO — Right of access: You have the right to obtain confirmation as to whether personal data concerning you is being processed, and if so, to receive a copy of that data.
• Art. 16 DSGVO — Right to rectification: You have the right to request the correction of inaccurate personal data concerning you without undue delay.
• Art. 17 DSGVO — Right to erasure ("right to be forgotten"): You have the right to request the deletion of personal data concerning you, subject to the conditions set out in Art. 17.
• Art. 18 DSGVO — Right to restriction of processing: You have the right to request that we restrict the processing of your personal data in certain circumstances.
• Art. 20 DSGVO — Right to data portability: You have the right to receive personal data you have provided to us in a structured, commonly used, machine-readable format, and to transmit that data to another controller.
• Art. 21 DSGVO — Right to object: You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you that is based on Art. 6(1)(e) or (f). We will no longer process the data unless we can demonstrate compelling legitimate grounds that override your interests, rights, and freedoms.
• Art. 7(3) DSGVO — Right to withdraw consent: Where processing is based on consent, you have the right to withdraw that consent at any time without affecting the lawfulness of processing carried out prior to withdrawal.

6. Supervisory Authority

You have the right to lodge a complaint with a supervisory authority if you believe that the processing of your personal data infringes the DSGVO (Art. 77 DSGVO).

The competent supervisory authority for toz.red is:

Berliner Beauftragte für Datenschutz und Informationsfreiheit
Friedrichstraße 219
10969 Berlin
Germany
Website: www.datenschutz-berlin.de

7. Data Retention

Server access logs are automatically deleted after 30 days. No log data is archived beyond this period.

Email correspondence is retained for as long as necessary to handle your enquiry and any follow-up, and deleted thereafter unless a longer statutory retention obligation applies.

localStorage data (language preference) is stored only in your own browser and can be cleared at any time via your browser settings. We have no access to or copies of this data.

8. Automated Decision-Making

This website does not use automated decision-making or profiling within the meaning of Art. 22 DSGVO. No decisions with legal or similarly significant effects are made on the basis of automated processing.

9. Data of Minors

This website is not directed at children under the age of 16. We do not knowingly collect personal data from minors. If you believe we have inadvertently collected data from a minor, please contact us at info@toz.red and we will delete it promptly (Art. 8 DSGVO).

10. Changes to This Policy

We may update this Privacy Policy from time to time to reflect changes in legal requirements or our services. The "Last updated" date at the top of this page indicates when the most recent revision was made. Continued use of the website after a revision constitutes acceptance of the updated policy.

For significant changes, we will make reasonable efforts to provide notice (e.g. via a notice on the homepage).

1. Scope and Acceptance

These Terms of Use ("Terms") govern your use of the software applications, websites, and related services ("Software") provided by Ben Fayershtain, operating as toz.red, Berlin, Germany ("toz.red", "we", "us").

By downloading, installing, or using any toz.red Software, you agree to be bound by these Terms. If you do not agree, do not use the Software.

2. License Grant

Subject to these Terms, toz.red grants you a personal, non-exclusive, non-transferable, non-sublicensable license to install and use the Software on Apple-branded devices that you own or control, solely for your personal or internal business purposes.

You may not:

• Copy, modify, or create derivative works of the Software
• Reverse engineer, decompile, or disassemble the Software except as expressly permitted by law
• Rent, lease, sell, sublicense, or otherwise transfer rights in the Software to a third party
• Remove or alter any proprietary notices or labels on the Software
• Use the Software for any unlawful purpose or in violation of any applicable laws

3. Free Software Provisions (BGB § 521, § 524)

Where toz.red Software is made available free of charge, the following provisions apply in accordance with the German Civil Code (Bürgerliches Gesetzbuch, BGB):

Pursuant to BGB § 521, a donor (Schenker) is only liable for wilful misconduct (Vorsatz). For free software, our warranty obligations are correspondingly reduced compared to paid software.

Pursuant to BGB § 524, the warranty for defects in gratuitous transfers is limited. toz.red warrants only that the Software, at the time of download, does not have defects that were fraudulently concealed.

These reduced obligations for free software do not limit the unlimited liability set out in Section 4 below.

4. Unlimited Liability

Notwithstanding any other provision in these Terms, toz.red's liability is unlimited in the following cases, which cannot be excluded or limited under German law (BGB §§ 276, 309 Nr. 7):

• Intentional misconduct (Vorsatz): Damage caused intentionally by toz.red or its agents.
• Gross negligence (grobe Fahrlässigkeit): Damage resulting from grossly negligent conduct by toz.red or its agents.
• Injury to life, body, or health: Damage arising from negligent or intentional breach of duty that results in death, personal injury, or damage to health.
• Product liability (Produkthaftungsgesetz): Liability under the German Product Liability Act remains fully intact and is not affected by these Terms.
• Fraudulent concealment of defects: Where toz.red has fraudulently concealed a defect in the Software.

5. Limited Liability for Essential Contractual Obligations (Kardinalpflichten)

For breaches of essential contractual obligations — those whose fulfilment is necessary to achieve the purpose of the contract and on whose compliance you may regularly rely ("Kardinalpflichten") — caused by simple negligence (einfache Fahrlässigkeit), toz.red's liability is limited to the typically foreseeable damage at the time the contract was concluded.

This limitation does not apply where the circumstances of Section 4 (Unlimited Liability) apply.

6. Excluded Liability

To the fullest extent permitted under German law, toz.red excludes all liability for the following, where caused by simple negligence in relation to non-essential contractual obligations:

• Indirect or consequential damages (mittelbare Schäden, Folgeschäden)
• Loss of profits (entgangener Gewinn)
• Loss of data, except where caused by conduct covered under Section 4
• Loss of business or business interruption
• Loss of anticipated savings

This exclusion applies only to non-essential obligations and is without prejudice to the unlimited liability provisions of Section 4 and the limited liability provisions of Section 5. Each of the exclusions in this Section is to be treated as a separate and severable provision.

7. User Responsibility for Backups

You are solely responsible for maintaining adequate backups of all data you store in or import into toz.red Software. toz.red strongly recommends using macOS Time Machine or another backup solution to protect your data.

toz.red shall not be liable for any loss of data arising from your failure to maintain backups, except to the extent that such loss results from conduct covered under Section 4.

8. Intellectual Property

The Software, including all source code, design, graphics, user interfaces, trademarks, logos, and documentation, is and remains the exclusive intellectual property of toz.red and is protected by applicable German and international copyright and intellectual property laws.

These Terms do not transfer any ownership interest in the Software to you. The license granted in Section 2 is the entirety of the rights granted. All rights not expressly granted are reserved by toz.red.

9. Termination and Access

toz.red reserves the right to terminate or suspend your access to online features of the Software at any time, with or without cause, subject to applicable law.

Standalone app functionality that does not require a network connection is not affected by any such termination. You may continue to use your locally installed copy subject to these Terms.

You may terminate your use of the Software at any time by uninstalling it from your devices.

10. Modifications to These Terms

toz.red reserves the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. For material changes, we will provide at least 30 days' notice before the changes take effect, by posting a notice on the toz.red website or within the Software.

Your continued use of the Software after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Software before the effective date.

11. Governing Law and Jurisdiction

These Terms are governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of law provisions.

The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms, to the extent permitted by applicable law, is Berlin, Germany.

If you are a consumer resident in an EU member state, you may also bring proceedings in the courts of your place of domicile, and mandatory consumer protection provisions of your country of residence may apply in your favour.

12. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

In the event of invalidity, the parties agree that a valid provision that most closely reflects the economic intent of the invalid provision shall replace it.

13. Language

These Terms are provided in English as a convenience. The authoritative version is the German language version (Nutzungsbedingungen), which prevails in the event of any conflict or ambiguity between the English and German texts.

14. Contact

For questions about these Terms, please contact:

Ben Fayershtain / toz.red
Email: info@toz.red
See also: Impressum

1. This Website Does Not Use Cookies

toz.red does not set any cookies. No first-party cookies of any kind — not for tracking, not for analytics, not for advertising, not for preferences — are placed on your device by this website.

You will not see a cookie consent banner on this website because there are no cookies requiring consent.

2. localStorage — Language Preference

This website stores one item in your browser's localStorage: your selected language (English or German). This allows the site to remember your preference when you return.

This is not a cookie. localStorage is a browser-side storage mechanism that:

• Never transmits data to any server — it stays entirely within your browser
• Is not accessible to toz.red or any third party
• Has no expiry date but can be cleared at any time via your browser settings
• Does not track you across websites

Per TTDSG § 25 Abs. 2 Nr. 2, storing or reading information from a terminal device is exempt from the consent requirement where it is "strictly necessary" to provide a service explicitly requested by the user. Saving your language choice falls within this exemption. No consent is required.

To clear this preference, open your browser's developer tools (F12), navigate to Application → Local Storage → toz.red, and delete the entry — or clear all site data via your browser's privacy settings.

3. No Tracking or Fingerprinting

toz.red does not use any of the following:

• Analytics cookies or scripts (e.g. Google Analytics, Matomo, Plausible)
• Advertising or retargeting cookies
• Social media tracking pixels (e.g. Facebook Pixel, Twitter Pixel)
• Browser fingerprinting techniques
• Cross-site tracking mechanisms of any kind
• Session recording or heatmap tools

4. CDN Technical Cookies

This website loads two JavaScript libraries from external Content Delivery Networks (CDNs):

4.1 Cloudflare cdnjs (GSAP animation library)

• Provider: Cloudflare, Inc., 101 Townsend St, San Francisco, CA 94107, USA
• Purpose: Delivery of the GSAP animation library
• Cookies set by Cloudflare: Cloudflare may set a technical cookie named __cf_bm for bot management purposes. This is a strictly necessary technical cookie with a 30-minute expiry. It does not track users across websites.
• Legal basis: TTDSG § 25 Abs. 2 Nr. 2 — strictly necessary for the technical provision of the CDN service
• Data transfer: USA — EU–US Data Privacy Framework (DPF)
• More info: Cloudflare Cookie Policy

4.2 unpkg.com (Lenis smooth scroll library)

• Provider: Cloudflare, Inc., 101 Townsend St, San Francisco, CA 94107, USA (unpkg.com runs on Cloudflare infrastructure)
• Purpose: Delivery of the Lenis smooth scroll library
• Cookies set: Same as 4.1 — Cloudflare __cf_bm may be set as a strictly necessary technical cookie
• Legal basis: TTDSG § 25 Abs. 2 Nr. 2 — strictly necessary
• Data transfer: USA — EU–US Data Privacy Framework (DPF)

These CDN cookies are set by the third-party provider, not by toz.red. They are strictly technical and are not used for tracking, advertising, or analytics. For full details on how these providers handle data, see our Privacy Policy.

5. If Analytics Are Added in Future

If toz.red ever introduces analytics or other non-essential cookies in the future, the following principles will apply in accordance with TTDSG § 25 and DSGVO:

• A cookie consent banner will be displayed before any non-essential cookies are set
• Rejecting cookies will be equally easy as accepting — no dark patterns
• The website will remain fully functional without consent — no cookie walls
• Consent will be granular (analytics separate from advertising, etc.)
• You will be able to withdraw consent at any time

This Cookie Policy will be updated before any such changes take effect.

6. Legal Basis (TTDSG)

Cookie and storage regulation in Germany is governed by the Telekommunikation-Telemedien-Datenschutz-Gesetz (TTDSG), specifically § 25, which implements Art. 5(3) of the ePrivacy Directive into German law.

Under TTDSG § 25 Abs. 1, storing information on or reading information from a user's terminal device requires consent, unless one of the exemptions in § 25 Abs. 2 applies. The localStorage usage described in Section 2 falls under the § 25 Abs. 2 Nr. 2 exemption (strictly necessary for a service explicitly requested by the user).

For any data processing that follows from cookies (e.g. processing of IP addresses in server logs), the legal basis under DSGVO Art. 6(1)(f) (legitimate interest) applies. See the Privacy Policy for full details.

7. Contact

If you have questions about this Cookie Policy, please contact:

Ben Fayershtain / toz.red
Email: info@toz.red