Last update: 23rd of November 2021
1. Name and Contact Details of the Controller and the Company Data Protection Officer
The following information on data protection applies to data processing by:
Phone: +49 (0) 251 59083-115
Managing Directors: Andreas grosse Austing, Bernfried Howe
Registration: Amtsgericht Münster, HRB 15392
A company data protection officer is not required.
2. Collection and storage of personal data and type and purpose of use
The legal basis for processing operations in which we obtain consent for a specific processing purpose is always Art. 6 (1) p. 1 lit. a GDPR. Insofar as the processing of personal data is necessary for the performance of a contract (provision of services) to which you are a party, the processing is based on Art. 6 (1) p. 1 lit. b GDPR. The above legal basis also applies in the event of the implementation of pre-contractual measures (e.g., inquiries about our products or services). If our company is subject to a legal (statutory) obligation by which the processing of personal data becomes necessary and which has its basis in Union law or the law of the Member State to which we are subject, the processing is based on Art. 6 (1) sentence 1 lit. c GDPR. Furthermore, the processing may be based on Art. 6 (1) p. 1 lit. d GDPR if vital interests are affected (danger to life and limb and/or disasters). In addition, the legal basis for the processing of personal data may be Art. 6 para. 1 p. 1 lit. f GDPR. In this case, we will inform you separately about our legitimate interest according to Art. 6 para. 1 p. 1 lit. f GDPR.
a) Visit to our Website
When you visit our website, your browser automatically sends information to the server of our website, which is temporarily stored in a so-called log file. This is the following information:
- IP address of the requesting computer,
- Date and time of access,
- Name and URL of the file accessed,
- Website from which the access was made (referrer URL),
- Browser used and, if applicable, the operating system of your computer as well as the name of your access provider.
The data is stored until automatic deletion after seven days. We process this data for the following purposes:
- Ensuring a smooth connection of the website
- Ensuring a comfortable use of our website
- Evaluation of system security and stability
- Evaluation for further administrative purposes
b) Newsletter Service
According to Art. 6 para. 1 p. 1 lit. a GDPR, explicit consent is required if you wish to receive our newsletter. For the regular sending of the newsletter, we use the email address you provide for this purpose. You do not need to provide any further information to receive the newsletter. You can unsubscribe from our newsletter service at any time. At the end of each newsletter there is a link that you can use to unsubscribe. However, you do not have to use this link. You can also simply send us an e-mail to this effect to firstname.lastname@example.org.
c) Contact Form
On our website there is a contact form, which you can use for questions of any kind. This type of data processing takes place according to Art. 6 para. 1 p. 1 lit. a GDPR with your voluntary consent. A valid e-mail address is required so that we know the sender of the request and can answer it. All other information is voluntary. There is an automatic deletion of all personal data collected by us through the use of the contact form as soon as your request has been completed.
d) Business Processing
If you conclude a distance selling contract with us, the data processing is carried out in accordance with Art. 6 (1) p. 1 lit. b GDPR. In addition, we have a legitimate interest according to Art. 6 para. 1 p. 1 lit. f GDPR in a credit check. The data you provide as part of the conclusion of the contract or during registration, in particular name, address and email address, are necessary for the performance and execution of the contract. The contract cannot be performed without them. You are expressly informed of this in accordance with Art. 13 Para. 2 lit e GDPR. The data will also be passed on to third parties (item 4) if this is absolutely necessary.
3. Storage of Data
The registration data is stored as long as the account exists. If this is deleted, the account data will also be deleted. All data relating to the conclusion of the contract will be stored until the end of the limitation period. The storage of your data is in this respect based on Art. 6 para.1 p.1 lit. b GDPR. The duration of the storage of your data is otherwise based on our commercial and tax retention obligations. In this case, the storage of your data is based on Art. 6 para.1 p.2 lit. c GDPR. If your data is no longer required for the above-mentioned purposes, it will be deleted immediately.
4. Data Sharing
As a matter of principle, your personal data will not be forwarded to third parties. A forwarding only takes place in the following cases:
- You have given your express consent pursuant to Art. 6 (1) sentence 1 lit. a GDPR to the forwarding to third parties;
- The forwarding is necessary according to Art. 6 para. 1 p. 1 lit. f GDPR to protect our legitimate interests or those of a third party, in particular for the assertion, exercise or defense of legal claims, and you have no overriding interest worthy of protection in the non-disclosure of your data;
- A legal obligation according to Art. 6 para. 1 p. 1 lit. c GDPR exists;
- The data is forwarded in accordance with Art. 6 para. 1 p. 1 lit. b GDPR for the processing of contractual relationships with you. In this case, your personal data will be passed on to third parties exclusively to the service partners involved in the processing of the contract, such as the credit institution commissioned with payment matters and the service company responsible for merchandise management and accounting, insofar as this is absolutely necessary for the fulfillment and processing of the contract. In cases where data is passed on to third parties, the scope of the data passed on is limited to the minimum required within the framework of contract processing.
The data processed by cookies are necessary for the aforementioned purposes and serve to protect our legitimate interests as well as those of third parties pursuant to Art. 6 (1) p. 1 lit. f GDPR. As a data subject, you can oppose the setting of cookies by our website at any time by means of an appropriate setting of your Internet browser and thus permanently object to the setting of cookies. Cookies that have already been set can be deleted at any time using an Internet browser or other software programs. We would like to point out that deactivating the setting of cookies may mean that you cannot use all the functions of our website.
6. Analysis-Tools and Tracking-Tools
The legal basis for the use of the following tool is Art. 6 para. 1 p. 1 lit. f GDPR. Only with this measure, a demand-oriented design and continuous optimization of our website can be ensured. It also allows us to compile statistics on the use of our website and continuously optimize our offer. These interests are considered legitimate in the sense of the aforementioned provision.
The respective purposes of the data processing and the type of data can be found in the corresponding tracking tool.
We use the open source software Matomo of InnoCraft Ltd, 150 Willis St., 6011 Wellington, New Zealand, (hereinafter "Matomo"), to analyze and statistically evaluate the use of the website. Cookies are used for this purpose (see section 5). The information generated by cookies about website usage is transmitted to our servers and summarized in pseudonymous usage profiles. If individual pages of our website are called up, the following data is stored:
- two bytes of the IP address of the user's calling system,
- accessed web page and sub-pages accessed from the accessed web page,
- web page from which the user accessed the accessed web page (referrer),
- dwell time and frequency of access.
The information is used to evaluate the use of the website and to enable us to design our website in line with requirements. The software runs exclusively on the servers of our website. A storage of the personal data of the users only takes place there. The information is not passed on to third parties.
In no case will the IP address be associated with other data concerning the user. The IP addresses are anonymized so that an assignment is not possible (so-called IP masking).
Your visit to this website will be collected by Matomo web analytics if you do not have the Do-Not-Track (DNT) setting enabled in your browser. Use the following instructions for your browser to learn more about DNT and prevent your visit from being collected:
- Firefox: https://support.mozilla.org/en-US/products/firefox/protect-your-privacy
- Chrome: https://support.google.com/chrome/answer/2790761?co=GENIE.Platform%3DDesktop&hl=en
7. Social Media Plug-ins
No social media plug-ins are used.
8. Support Tools
We offer you the opportunity to use our help and support service. For this purpose, your information such as e-mail address and details of the product will be transmitted to Atlassian. Pty Ltd, Level 6, 341 George Street, Sydney NSW 2000, Australia, a service provider contracted by us and processed by them.
The above processing operations are carried out for the purpose of enabling you to use our help and support service. The processing of the above data also takes place for quality assurance and optimization purposes. This is also our legitimate interest. Insofar as you have given us your consent, the legal basis for the processing of the data is Art. 6 para. 1 p. 1 lit. a) GDPR. Otherwise, the legal basis for the processing of the data is Art. 6 para. 1 p. 1 lit. b) and lit. f) GDPR. Insofar as a transfer of data to the manufacturer of the product takes place, this serves to clarify your inquiry and, if necessary, to exercise and enforce our rights and your rights. This is also our legitimate interest. Insofar as you have given us your consent, the legal basis for the transfer of data is Art. 6 para. 1 p. 1 lit. a) GDPR. Otherwise, the legal basis for the transmission is Art. 6 para. 1 p. 1 lit. b) and lit. f) GDPR.
You can revoke any consent you have given at any time. You can object to the processing of your personal data at any time. However, we would like to point out that you will not be able to use the support service without the processing of these data.
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. This is the case when your request has been conclusively processed. Deletion does not take place if further processing and storage of your personal data is necessary in individual cases for the assertion, exercise or defense of legal claims. In this case, we have a legitimate interest in the further processing and storage of your personal data. The legal basis is Art. 6 para. 1 p. 1 lit. f) GDPR. Deletion will also not take place if further storage of your personal data is required due to legal regulations.
Your data will be transferred to servers of the service provider in the EU and processed there. The service provider has undertaken to comply with the standards and regulations of European data protection law.
9. Customer Service Tools
We offer you the opportunity to contact us in various ways on our website. The software "freshSales Suite", a service of freshWorks Inc, 950 S. Delaware Street, Suite 201, San Mateo CA 94403, hereinafter referred to as freshSales, is used. freshSales stores and processes information that has been transmitted to us through active contact via our website.
This includes the following activities:
- Contact Form: By submitting the contact form from our website, data such as name, email address, inquiry text will be stored in freshSales for further processing of the inquiry.
- Newsletter Form: By submitting the "Order Newsletter" form, data such as name and email address will be stored in freshSales to the associated contact person to save the subscription to the newsletter.
- Request Demo Access: By submitting the "Request Demo Access" form, data such as name, email address, company name will be stored to save a customer account in freshSales.
- Execute Order: By executing the foreknown order process, data such as name, email address, company name, company address will be stored to create or complete an associated customer account in freshSales.
We use freshSales Suite for marketing and sales purposes, to serve our prospects and customers, to provide them with information about our products and services, and to continuously improve individual features and offerings as well as the user experience. You can find more information from the third-party provider on data protection on the following website: https://www.freshworks.com/gdpr/
10. Rights of the Data Subject
The new General Data Protection Regulation (GDPR) has significantly expanded your rights. These are enumerated below and briefly explained with reference to the legal basis.
- Information, Art. 15 GDPR: You have the right to request information about your personal data processed by us. This includes, for example, information about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, and about the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;
- Right to rectification, Art. 16 GDPR: You can immediately request the correction of incorrect or completion of your personal data stored by us;
- Right to erasure ("right to be forgotten"), Art. 17 GDPR: You have a right to have your personal data stored by us erased, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defense of legal claims;
- Right to restriction of processing, Art. 18 GDPR: You may request that the processing of your personal data be restricted. The prerequisite is that the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer need the data, but you need it for the assertion, exercise or defense of legal claims or you have objected to the processing in accordance with Art. 21 GDPR (No. 8);
- Right to data transfer, Art. 20 GDPR: You may request to receive the personal data you have provided to us in a structured, commonly used and machine-readable format or to have it transferred to another controller;
- Revocation of consent, Art. 7 (3) GDPR: You can revoke your consent once given to us at any time. This has the consequence that we may no longer continue the data processing based on this consent for the future. However, the lawfulness of the processing carried out on the basis of the consent until the revocation is not affected by this;
- Right of complaint, Art. 77 GDPR: You have the right to lodge a complaint with a supervisory authority if you are of the opinion that the processing of your personal data violates the provisions of data protection law. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our registered office for this purpose.
11. Right of Objection
You also have the right to object according to Art. 21 GDPR. This applies to your personal data that is processed on the basis of legitimate interests pursuant to Art. 6 (1) p. 1 lit. e or f GDPR and insofar as there are grounds for objecting to the processing that arise from your particular situation. If the objection is directed against direct marketing, you have an unrestricted right to object, even without specifying a particular situation. You can assert your right to object and also your other rights, for example, by sending an e-mail to email@example.com.
12. Data Security
For our website, we use the common Secure Socket Layer procedure in conjunction with the highest encryption level supported by your browser. As a rule, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can tell whether an individual page of our website is encrypted by the closed key or lock symbol in the lower status bar of your browser. It is important to us to protect your data. Therefore, we take appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved according to technological development.
13. Existence of automated Decision Making
Automatic decision making or profiling does not take place.
It may be necessary to adapt this data protection declaration to the further development of our website or to update it due to changed legal requirements. You can find the current data protection declaration for retrieval and printout purposes under the following link: https://www.foreknown.io/en/privacy-policy