Data Act
Pre-contractual information pursuant to Art. 3 para. 2 and 3 Data Regulation (Regulation (EU) 2023/2854 hereinafter "Data Act")
Under the Data Act, you have the right, under certain conditions, to access certain data generated by your Toniebox and the associated app and, if necessary, to pass it on to third parties. If the data is personal data, the certain data protection laws also apply. Further information can be found in our privacy policy.
The contract for your use of the app begins with the creation of your tonies account and your agreement to our General Terms and Conditions. It ends when you close your account or when we terminate the contract with 30 days' notice, with the cancellation taking effect at the end of the respective calendar month. Further details can be found in our General Terms and Conditions.
Data owner
The data controller of all product data of the Toniebox 1 and 2 (connected product) and all data of the tonies app (related service) within the meaning of the Data Act is: tonies GmbH, Oststraße 119, 40210 Düsseldorf, Germany, Contact. (hereinafter "we", "us")
Product data
Type, format, volume: Product data is generated as part of the use of the Toniebox and the tonies app. This includes product or service status data (configuration, version, maintenance data), interaction data (usage or operating information), status information (e.g. charge status of the Toniebox battery) and data on the user environment (area, size). The data is usually generated in technical, machine-readable formats such as JSON and transmitted via MQTT. The amount of data collected depends on various parameters such as the configuration of the app, user preferences and user behaviour. This can include the following parameters: User preferences (activated functions of the Toniebox, use in offline or online mode), application connected services (use of the app and its functions), user behaviour (listening time).
Data generation: In general, data is generated by the Toniebox continuously and in real time. The primary purpose of generating data is to ensure the functionality of the Toniebox and to enable the provision of the tonies app.
Storage location: The Toniebox is able to store product data locally on the Toniebox (limited by the storage capacity) or send it to our servers. If the Toniebox is not connected to the Wi-Fi (offline), it does not send any product data to our servers. This data is then saved locally or the oldest date is overwritten as soon as the storage capacity is reached. In offline mode (i.e. when the Toniebox is not connected to a Wi-Fi), the Toniebox saves data locally. If it is connected to a Wi-Fi, data is sent to our servers.
Purposes and sharing: As a related service, the tonies app is able to store related service data in our IT systems using the end devices on which it is installed. We intend to use the data collected, which is readily available to us, for specific purposes and will only share this data within a small group of data recipients. Further information can be found in the section on data usage rights and data access in our General Terms and Conditions [please link].
Storage period: The storage period of the data collected by the Toniebox and tonies app depends on the type of data and the purpose of the use case. Once the purpose has been fulfilled and there are no retention obligations, the data will be deleted.
Data access and data transfer
Upon request, you will be given access to the above-mentioned product data and related service data, provided that these are available to us. Data access is subject to the provisions on data usage rights and data access in our General Terms and Conditions.
You may also request that we disclose this data to third parties and subsequently instruct us to stop such disclosure.
To exercise data access or data transfer, please contact us using the contact form above.
Right to lodge a complaint
You have the right to complain to the competent authority about a breach of Chapter II of the Data Act.
Version 1.0, September 2025