Privacy

Privacy

In accordance with the legal requirements of data protection law (in particular in accordance with BDSG n.F. and the European General Data Protection Regulation GDPR), we inform you below about the nature, scope and purpose of the processing of personal data by our company. This privacy policy also applies to our websites and social media profiles. With regard to the definition of terms such as "personal data" or "processing", we refer to Art. 4 GDPR.

Name and contact details of the responsible person
Our responsible person(s) (hereinafter "responsible person") within the meaning of Art. 4 fig. 7 GDPR is:

systeema
Straßmannstraße 25
10249, Berlin, Germany
E-Mail-Adress: d.schwohl@systeema.de

Types of data, purposes of processing and categories of data subjects

In the following, we inform you about the type, scope and purpose of the collection, processing and use of personal data.

1. Types of data we process
Usage data (access times, websites visited, etc.), inventory data (name, address, etc.), contact data (telephone number, e-mail, fax, etc.), payment data (bank data, account data, payment history, etc.), contract data (subject of the contract, term, etc.), communication data (IP address, etc.)

2. Purposes of the processing according to Art. 13 (1) c) GDPR
Processing of contracts, technical and economic optimization of website, fulfillment of contractual obligations, fulfillment of legal retention obligations, processing of contact inquiries

3. Categories of data subjects according to Art. 13 (1) e) GDPR

visitors/users of the website, customers

The data subjects are collectively referred to as "Users".

Legal basis for the processing of personal data

Below we inform you about the legal basis for the processing of personal data:

1. If we have obtained your consent for the processing of personal data, Art. 6 (1) p. 1 lit. a) GDPR is the legal basis.
2. If the processing is necessary for the performance of a contract or for the implementation of pre-contractual measures, which are carried out upon your request, Art. 6 para. 1 p. 1 lit. b) GDPR is the legal basis.
3. If the processing is necessary for the fulfillment of a legal obligation to which we are subject (e.g. legal retention obligations), Art. 6 (1) p. 1 lit. c) GDPR is the legal basis.
4. If the processing is necessary to protect vital interests of the data subject or another natural person, Art. 6 (1) p. 1 lit. d) GDPR is the legal basis.
5. If the processing is necessary to protect our legitimate interests or the legitimate interests of a third party and your interests or fundamental rights and freedoms are not overridden in this respect, Art. 6 (1) p. 1 lit. f) GDPR is the legal basis.

Disclosure of personal data to third parties and processors

As a matter of principle, we do not pass on any data to third parties without your consent. Should this nevertheless be the case, then the disclosure will be made on the basis of the previously mentioned legal grounds, e.g. in the case of the disclosure of data to online payment providers for the fulfillment of the contract or due to a court order or because of a legal obligation to hand over the data for the purpose of criminal prosecution, to avert danger or to enforce intellectual property rights.

We also use processors (external service providers, e.g. for web hosting of our websites and databases) to process your data. If data is passed on to the processors as part of a contract processing agreement, this is always done in accordance with Art. 28 GDPR. In doing so, we carefully select our processors, regularly monitor them and have been granted a right to issue instructions regarding the data. In addition, the processors must have taken appropriate technical and organizational measures and comply with the data protection regulations according to BDSG n.F. and GDPR.

Data transfer to third countries

The adoption of the European General Data Protection Regulation (GDPR) has created a uniform basis for data protection in Europe. Your data is therefore predominantly processed by companies to which GDPR applies. If, however, processing is carried out by services of third parties outside the European Union or the European Economic Area, these must meet the special requirements of Art. 44 et seq. GDPR. This means that the processing takes place on the basis of special guarantees, such as the officially recognized determination by the EU Commission of a level of data protection corresponding to the EU or the observance of officially recognized special contractual obligations, the so-called "standard contractual clauses".
Insofar as we obtain your express consent to the transfer of data to the USA due to the invalidity of the so-called "Privacy Shield", pursuant to Art. 49 (1) p. 1 lit. a) GDPR, we point out in this regard the risk of secret access by US authorities and the use of the data for monitoring purposes, possibly without any legal remedy for EU citizens.

Deletion of data and storage period

Unless expressly stated in this privacy policy, your personal data will be deleted or blocked as soon as you revoke your consent to the processing or the purpose for the storage no longer applies or the data is no longer required for the purpose, unless their continued storage is necessary for evidentiary purposes or is contrary to statutory retention obligations. This includes, for example, retention obligations under commercial law for business letters in accordance with Section 257 (1) of the German Commercial Code (HGB) (6 years) and retention obligations under tax law for receipts in accordance with Section 147 (1) of the German Fiscal Code (AO) (10 years). If the prescribed retention period expires, your data will be blocked or deleted, unless the storage is still necessary for the conclusion or fulfillment of a contract.

Existence of automated decision making

We do not use automated decision making or profiling.

Provision of our website and creation of log files

1. If you only use our website for informational purposes (i.e. no registration and no other transmission of information), we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data:
   - IP address;
   - Internet service provider of the user;
   - Date and time of retrieval;
   - Browser type;
   - Language and browser version;
   - Content of the retrieval;
   - Time zone;
   - Access status/HTTP status code;
   - Amount of data;
   - Websites from which the request came;
   - Operating system.
   This data is not stored together with other personal data from you.
   
   
2. This data serves the purpose of user-friendly, functional and secure delivery of our website to you with functions and content as well as its optimization and statistical evaluation.
   
   
3. The legal basis for this is our legitimate interest in data processing, which also lies in the above purposes, in accordance with Art. 6 (1) sentence 1 lit. f) GDPR.
   
   
4. For security reasons, we store this data in server log files for a storage period of 30 days. After this period, they are automatically deleted, unless we need to keep them for evidence purposes in the event of attacks on the server infrastructure or other legal violations.

Cookies

1. We use so-called cookies when you visit our website. Cookies are small text files that your internet browser places and stores on your computer. When you visit our website again, these cookies provide information to automatically recognize you. Cookies also include the so-called "user IDs", where user information is stored by means of pseudonymized profiles. When you access our website, we will inform you by means of a reference to our data protection declaration about the use of cookies for the aforementioned purposes and how you can object to this or prevent their storage ("opt-out").
   
   The following types of cookies are distinguished:
   
   • Necessary, essential cookies:  Essential cookies are cookies that are absolutely necessary for the operation of the website in order to store certain functions of the website such as logins, shopping cart or user input, e.g. regarding the language of the website.
   
   • Session-Cookies: Session cookies are needed to recognize multiple use of an offer by the same user (e.g. if you have logged in to determine your login status). When you visit our site again, these cookies provide information to automatically recognize you. The information thus obtained is used to optimize our offers and to provide you with easier access to our site. When you close the browser or log out, the session cookies are deleted.
   
   • Persistent Cookies: These cookies remain stored even after the browser is closed. They are used to store the login, range measurement and for marketing purposes. They are deleted automatically after a specified duration, which may differ depending on the cookie. You can delete the cookies at any time in the security settings of your browser.
   

   • Third-Party-Cookies: According to your preferences, you can configure your browser settings and, for example, refuse to accept third-party cookies or all cookies. However, we would like to point out at this point that you may then not be able to use all the functions of this website. Read more about these cookies in the respective privacy statements of the third-party providers.

2. Data categories: User data, cookie, user ID (inb. the pages visited, device information, access times and IP addresses).
   
   
3. Processing purposes: The information obtained in this way is used to optimize our web offerings technically and economically and to provide you with easier and more secure access to our website.
   
   

4. Legal basis: If we process your personal data using cookies based on your consent ("opt-in"), then Art. 6 (1) p. 1 lit. a) GDPR is the legal basis. Otherwise, we have a legitimate interest in the effective functionality, improvement and economic operation of the website, so that in that case Art. 6 para. 1 p. 1 lit. f) GDPR is the legal basis. The legal basis is also Art. 6 para. 1 p. 1 lit. b) GDPR if the cookies are set to initiate a contract, e.g. for orders.

5. Storage period / deletion: 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 is the case when the respective session has ended.
   
   Cookies are otherwise stored on your 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 disable 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 functions of the website in full.
   
   Here you can find information about deleting cookies by browser:
   
   Chrome: https://support.google.com/chrome/answer/95647
   
   Safari: https://support.apple.com/de-at/guide/safari/sfri11471/mac
   
   Firefox: https://support.mozilla.org/de/kb/cookies-und-website-daten-in-firefox-loschen
   
   Internet Explorer: https://support.microsoft.com/de-at/help/17442/windows-internet-explorer-delete-manage-cookies
   
   Microsoft Edge: https://support.microsoft.com/de-at/help/4027947/windows-delete-cookies
   
   
6. Objection and "Opt-Out": You can generally prevent the storage of cookies on your hard drive, regardless of consent or legal permission, by selecting "do not accept cookies" in your browser settings. However, this may result in a functional restriction of our offers. You can object to the use of cookies from third-party providers for advertising purposes via a so-called "opt-out" via this American website (https://optout.aboutads.info) or this European website (http://www.youronlinechoices.com/de/praferenzmanagement/).

Contact us via contact form / e-mail / fax / mail

1. When contacting us via contact form, fax, mail or e-mail, your information will be processed for the purpose of handling the contact request.

2. The legal basis for the processing of data is Art. 6 para. 1 p. 1 lit. a) GDPR if you have given your consent. The legal basis for the processing of data transmitted in the course of a contact request or e-mail, letter or fax is Art. 6 para. 1 p. 1 lit. f) GDPR. The responsible party has a legitimate interest in processing and storing the data in order to be able to answer users' inquiries, to preserve evidence for liability reasons and, if necessary, to be able to comply with its statutory retention obligations for business letters. If the contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 p. 1 lit. b) GDPR.
   
   
3. We may store your information and contact request in our customer relationship management system ("CRM System") or similar system.
   
   
4. The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with you has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified. We store inquiries from users who have an account or contract with us until two years after termination of the contract. In the case of legal archiving obligations, the deletion takes place after their expiry: end of commercial law (6 years) and tax law (10 years) retention obligation.
   
   
5. You have the possibility at any time to revoke the consent according to Art. 6 para. 1 p. 1 lit. a) DS-GVO for the processing of personal data. If you contact us by e-mail, you can object to the storage of personal data at any time.
   
   

Newsletter

1. You can subscribe to our newsletter with your voluntary consent by entering your e-mail address. Only this is mandatory. The provision of further data is voluntary and serves only the purpose of a personal address. We use the so-called "double opt-in procedure" for registration. After your registration with your e-mail, you will receive an e-mail from us with a confirmation link to confirm your registration. If you click on this confirmation link, your e-mail will be added to the newsletter distribution list and stored for the purpose of sending e-mails. If you do not click on the confirmation link within 72 hours, your registration data will be blocked and automatically deleted after 60 days.
   
   
2. In addition, we log your IP address used for registration as well as the date and time of the double opt-in (registration and confirmation). The purpose of this storage is the fulfillment of legal requirements regarding the proof of your registration as well as the prevention of abuse regarding your e-mail.
   
   
3. Within the scope of your declaration of consent, the contents (e.g. advertised products/services, offers, advertising and topics) of the newsletter are described in concrete terms.
   
   
4. We send our newsletters ourselves, without an external provider.
   
   
5. We do not evaluate user behavior when sending the newsletter.
   
   

6. The legal basis for sending the newsletter, measuring success and storing the e-mail is your consent pursuant to Art. 6 (1) p. 1 lit. a) GDPR in conjunction with § 7 (2) No. 3 UWG and for logging consent Art. 6 (1) p. 1 lit. f) GDPR, as this serves our legitimate interest of legal provability.

7. You can revoke your consent to receive the newsletter at any time. You can exercise the revocation by sending an email or message to our contact details above. We store your data as long as you have subscribed to the newsletter. After unsubscribing, your data will only be stored anonymously for statistical purposes.
   
   

Rights of the data subject

1. Objection or revocation against the processing of your data
   
   nsofar as the processing is based on your consent pursuant to Art. 6 (1) p. 1 lit. a), Art. 7 GDPR, you have the right to revoke your consent at any time. This does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
   

   Insofar as we base the processing of your personal data on the balance of interests pursuant to Art. 6 (1) p. 1 lit. f) GDPR, you may object to the processing. This is the case if the processing is not necessary, in particular, for the performance of a contract with you, which is presented by us in each case in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will review the situation and either discontinue or adjust the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing.

   You can object to the processing of your personal data for purposes of advertising and data analysis at any time. You can exercise the right of objection free of charge. You can inform us about your advertising objection under the following contact details:
   
   systeema
   Straßmannstraße 25
   10249 Berlin, Germany
   E-Mail: d.schwohl@systeema.de
   

2. Right of information

   You have the right to request confirmation from us as to whether personal data relating to you is being processed. If this is the case, you have a right to information about your personal data stored by us in accordance with Art. 15 GDPR. This includes, in particular, information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the origin of your data if it has not been collected directly from you.

3. Right to rectification
   You have a right to correct inaccurate data or to complete correct data according to Art. 16 GDPR.
   
   
4. Right to deletion
   You have a right to have your data stored by us deleted in accordance with Art. 17 GDPR, unless legal or contractual retention periods or other legal obligations or rights to further storage prevent this.
   
   
5. Right to restriction
   You have the right to request a restriction in the processing of your personal data if one of the conditions in Art. 18 (1) a) to d) GDPR is met:
   • If you contest the accuracy of the personal data concerning you for a period of time that enables the controller to verify the accuracy of the personal data;
   • the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
   
   • the controller no longer needs the personal data for the purposes of processing, but you need them for the assertion, exercise or defense of legal claims, or
   
   • if you have objected to the processing pursuant to Art. 21 (1) GDPR and it has not yet been determined whether the legitimate grounds of the controller outweigh your grounds.
   
   
6. Right to data portability
   You have a right to data portability according to Art. 20 GDPR, which means that you can receive the personal data we have stored about you in a structured, common and machine-readable format or request that it be transferred to another controller.
7. Right to complain
   You have the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority for this purpose, in particular in the member state of your residence, workplace or the location of the alleged violation.
   
   

Data security

In order to protect all personal data transmitted to us and to ensure that the data protection regulations are complied with by us, but also by our external service providers, we have taken appropriate technical and organizational security measures. Therefore, among other things, all data between your browser and our server is transmitted encrypted via a secure SSL connection.

Status: 22.08.2020

source: Datenschutzerklärung Muster von www.juraforum.de