Privacy policy

In the following, we inform you about the collection of personal data when using our website. Personal data is all data that can be related to you personally, e.g. name, address, e-mail addresses, user behaviors. Furthermore, you will receive information on how we protect your data from a technical and organizational point of view and what rights you have vis-à-vis us and the responsible supervisory authority.

1. Responsible body

(1) The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, e-mail addresses, etc.).

The controller pursuant to Art. 4 (7) GDPR is:

softgate GmbH information technology services

Address: Allee am Röthelheimpark 43,

91052 Erlangen

Germany

Phone: +49 9131 / 81270 0

E-mail: contact@soft-gate.de

Website: www.soft-gate.de

2. The data protection officer of the controller is:

Michael Schorr

Address: Allee am Röthelheimpark 43,

91052 Erlangen

Germany

E-mail: michael.schorr@soft-gate.de

1. General information on data processing
2. Scope of personal data processing

As a matter of principle, we only process personal data of our users insofar as this is necessary for the provision of a functional website as well as our contents and services. The processing of personal data of our users is regularly only carried out after the consent of the user. An exception applies in those cases in which obtaining prior consent is not possible for actual reasons and the processing of the data is permitted by legal regulations.

2. legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing operations involving personal data, Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) (b) GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.

Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 (1) (c) GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Art. 6 (1) (d) GDPR serves as the legal basis.

If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 (1) (f) GDPR serves as the legal basis for the processing.

3. data deletion and storage period

The personal data of the data subject shall be deleted or blocked as soon as the purpose of the storage ceases to apply. Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a necessity for the continued storage of the data for the conclusion or fulfilment of a contract.

III. Provision of the website and creation of log files

Every time you access our website, our system automatically collects data and information from the computer system of the accessing computer.

The following data is collected:

–        Type of browser used and browser version

–        The operating system used by the user

–        Internet service provider of the user

–        IP address of the accessing computer

–        Date and time of access

–        Websites from which the user’s system accesses our website.

The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

The legal basis for the temporary storage of the data and the log files is Art. 6 (1) (f) GDPR.

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.  The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context. These purposes are also our legitimate interest in data processing according to Art. 6 (1) (f) GDPR.

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this occurs when the respective session has ended. In the case of storage of data in log files, this occurs after seven days at the latest. Storage beyond this period is possible. After the expiry of the above-mentioned storage period, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility for the user to object.

1. Use of cookies. Google Analytics
2. cookies

Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user’s computer system. When a user calls up a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change. Language settings and log-in information are stored and transmitted. We also use cookies on our website that enable an analysis of the user’s surfing behaviour.  In this way, data such as search terms entered, frequency of page views, use of website functions can be transmitted.

When calling up our website, the user is informed about the use of cookies for analysis purposes and his or her consent to the processing of personal data used in this context is obtained. In this context, a reference to this data protection declaration is also made; the consent can be revoked at any time.

The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 (1) (a) GDPR if the user has consented to this.

Otherwise, the legal basis for the processing of personal data using technically necessary cookies is Art. 6 (1) (f) GDPR.

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change. The user data collected through technically necessary cookies are not used to create user profiles. Analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can thus continuously optimize our offer. These purposes are also our legitimate interest in processing the personal data according to Art. 6 (1) (f) GDPR.

Cookies are stored on the user’s computer and transmitted from it to our site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all the functions of the website to their full extent.

2. Google Analytics

This website uses the “Google Analytics” service on the basis of our legitimate interests to optimise and analyse our online offering within the meaning of Art. 6 (1) (f). GDPR the service “Google Analytics”, which is offered by Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA). The service (Google Analytics) uses “cookies”. The information collected by the cookies is usually sent to a Google server in the USA and stored there. When calling up our website, the user is informed about the use of cookies and his or her consent to the processing of personal data used in this context is obtained. There is also a reference to this privacy policy; the consent can be revoked at any time.

IP anonymisation is used on this website. The IP address of the user is shortened within the member states of the EU and the European Economic Area and in the other contracting states of the agreement. This shortening eliminates the personal reference of your IP address. The user’s IP address transmitted by the browser is not combined with other data stored by Google.

Under the terms of the data sharing agreement that we, as the website operator, have concluded with Google Inc., the latter uses the information collected to evaluate website usage and website activity and provides services related to internet usage.

The data collected by Google on our behalf is used to evaluate the use of our online offering by individual users, e.g. to create reports on website activity in order to improve our online offering.

You have the option of preventing cookies from being stored on your device by making the appropriate settings in your browser. It is not guaranteed that you will be able to access all functions of this website without restrictions if your browser does not allow cookies.

Furthermore, you can use a browser plug-in to prevent the information collected by cookies (including your IP address) from being sent to and used by Google Inc. The following link will take you to the corresponding browser add-on for the

Deactivation of Google Analytics: https://tools.google.com/dlpage/gaoptout?hl=de

Here you can find more information on the use of data by Google Inc:

https://policies.google.com/privacy/partners?hl=de (data collected by Google partners)

https://adssettings.google.de/authenticated (settings about advertisements that are displayed to you)

https://policies.google.com/technologies/ads?hl=de (use of cookies in advertisements).

1. Contact form

If you send us enquiries via the contact form, your details from the enquiry form, including the contact details you provide there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We never pass on this data without your consent.

The processing of this data is based on Art. 6 (1) (b) GDPR if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the enquiries addressed to us (Art. 6 (1)(f) GDPR) or on your consent (Art. 6 (1) (a) GDPR) if this has been requested.

The data you enter in the contact form will remain with us until you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies (e.g. after we have completed processing your enquiry). Mandatory legal provisions – in particular storage obligations – remain unaffected.

1. Inquiry by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, your enquiry including all resulting personal data (name, enquiry) will be stored and processed by us for the purpose of processing your request. We will not pass on this data without your consent.

The processing of this data is based on Art. 6 (1) (b) GDPR if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the enquiries addressed to us (Art. 6 (1) (f) GDPR) or on your consent (Art. 6 (1) (a) GDPR) if this has been requested.

The data you send to us via contact requests will remain with us until you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies (e.g. after we have completed processing your request). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.

VII. Transmission abroad

We store your data in the European Union. With contractual partners outside the EU area who may have access to your data, we work together according to the rules of the European Commission. For you, this means: Either we include so-called standard contractual clauses in the contract or the European Commission has explicitly determined that the level of data protection in the country of our contractual partner is adequate.

VIII. Rights of the data subject

If your data is processed, you are a “data subject” within the meaning of the GDPR. You have the following rights against us as the website operator:

1. Right of access

Within the framework of the applicable legal provisions, you have the right to receive information about the following at any time and free of charge:

• Processing purposes;
• Categories of personal data processed;
• Recipients or categories of recipients to whom your personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
• If possible, the planned duration for which your personal data will be stored or, if not possible, the criteria for determining this duration;
• the existence of a right to rectify or erase personal data concerning you or to restrict processing by us or a right to object to such processing;
• the right to lodge a complaint with a supervisory authority;
• if the personal data has not been collected directly from you, all available information about the origin of the data;
• the existence of automated decision-making, including profiling, pursuant to Article 22 (1) and (4) of the GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for you;
• If your data is transferred to an international organization or to a third country, you have the right to request information as to whether appropriate safeguards exist in accordance with Art. 46 GDPR in connection with the transfer.

2. Right to rectification

You have the right to request correction and/or completion of the data we have stored about you if this data is incorrect or incomplete. We will then carry out the correction or completion without delay.

3. Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. The right to restriction of processing exists in the following cases:

• You dispute the accuracy of the personal data for a period of time that allows us to verify the accuracy of the personal data;
• The processing is unlawful and you object to the erasure of the personal data and instead request the restriction of the use of the personal data;
• We no longer need the personal data for the purposes of processing, but you need it to assert, exercise or defend legal claims; or
• You have objected to the processing pursuant to Art. 21 (1) GDPR as long as it has not yet been determined whether our legitimate grounds outweigh your interests.

If you have restricted the processing of your personal data, this data may – apart from being stored – only be processed with your consent or for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or a Member State. If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

4. Right to erasure (‘right to be forgotten’)

You have the right to request the immediate deletion of your personal data from us if we are obliged to do so. An obligation exists if one of the following conditions is met:

• Your personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
• You withdraw your consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR and there is no other legal basis for the processing.
• You object to the processing pursuant to Article 21 (1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21 (2) of the GDPR.
• Your personal data has been processed unlawfully.
• The deletion of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which we are subject.
• Your personal data has been collected in relation to information society services offered in accordance with Art. 8 (1) GDPR.

If we have made your personal data public and we are obliged to erase it in accordance with the aforementioned conditions, we shall take reasonable measures, including technical measures, having regard to the technologies and implementation costs available to us, to inform other data controllers who process the personal data that you have requested that we erase all links to or copies or replications of that personal data.

However, there is no right to erasure if the processing is necessary for the following reasons:

• to exercise the right to freedom of expression and information;
• for compliance with a legal obligation which requires processing under Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;
• for reasons of public interest in the area of public health pursuant to Art. 9 (2) Letter. h and i as well as Art. 9 (3) GDPR;
• for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, where the right referred to in (1) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or
• for the establishment, exercise or defence of legal claims.

5. Notification obligation

If you have exercised your right to rectify, erase or restrict the processing of your data, we are obliged to notify all recipients to whom we have disclosed your personal data of the rectification, erasure or restriction of the processing of your data, unless this proves impossible or involves a disproportionate effort.  You have the right to be informed of these recipients by the controller.

6. Right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data has been provided, provided that

–           the processing is based on consent pursuant to Art. 6 (1)(a) GDPR or Art. 9 (2) (a) GDPR or on a contract pursuant to Art. 6 (1) (b) GDPR and

–           the processing is carried out with the aid of automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. This must not affect the freedoms and rights of other persons.

The right to data portability shall not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data based on Art. 6 (1) (e) or (f) GDPR. This also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.

If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

8. Right to revoke your consent to data processing

Many data processing operations are only possible with your express consent. You can revoke consent you have already given at any time in accordance with Art. 7 (3) GDPR. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

9. Automated individual decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

This shall not apply if the decision

(1) is necessary for the conclusion or performance of a contract between you and the controller,

(2) is authorised by Union or Member State legislation to which the controller is subject and that legislation contains adequate measures to safeguard your rights and freedoms and your legitimate interests; or

(3) is done with your express consent.

However, these decisions must not be based on special categories of personal data pursuant to Art. 9(1) of the GDPR, unless Art. 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms of, and your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

10. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

 

Status October 2022