This End User license Agreement shall deem to
be the governing agreement between us as a compnay (hereinafter referred to as
“we”, “us”, “Wintego Monitoring software”
as the context may require) and the user of Wintego Monitoring software services (hereinafter referred to as
“you”, “user” as the context may require)
Introduction
· We are very delighted that you have shown
interest in our enterprise. Data protection is of a particularly high priority
for the management of the Wintego Monitoring
software. The use of the Internet pages of the Wintego Monitoring software is possible without any indication
of personal data; however, if a data subject wants to use special enterprise
services via our website, processing of personal data could become necessary.
If the processing of personal data is necessary and there is no statutory basis
for such processing, we generally obtain consent from the data subject.
· The processing of personal data, such as the
name, address, e-mail address, or telephone number of a data subject shall
always be in line with the General Data Protection Regulation (GDPR), and in
accordance with the country-specific data protection regulations applicable to
the Wintego Monitoring software. By
means of this data protection declaration, our enterprise would like to inform
the general public of the nature, scope, and purpose of the personal data we
collect, use and process. Furthermore, data subjects are informed, by means of
this data protection declaration, of the rights to which they are entitled.
· As the controller, the Wintego Monitoring software has implemented numerous technical
and organizational measures to ensure the most complete protection of personal
data processed through this website. However, Internet-based data transmissions
may in principle have security gaps, so absolute protection may not be
guaranteed. For this reason, every data subject is free to transfer personal
data to us via alternative means, e.g. by telephone.
1.
Defination
The data protection
declaration of the Wintego Monitoring
software is based on the terms used by the European legislator for the
adoption of the General Data Protection Regulation (GDPR). Our data protection
declaration should be legible and understandable for the general public, as
well as our customers and business partners. To ensure this, we would like to
first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
· “Personal data” means any information relating to an
identified or identifiable natural person (“data subject”). An identifiable
natural person is one who can be identified, directly or indirectly, in
particular by reference to an identifier such as a name, an identification
number, location data, an online identifier or to one or more factors specific
to the physical, physiological, genetic, mental, economic, cultural or social
identity of that natural person.
· “Data subject” means any identified or identifiable natural person, whose
personal data is processed by the controller responsible for the processing.
· “Processing” means any operation or set of operations which is performed
on personal data or on sets of personal data, whether or not by automated
means, such as collection, recording, organisation, structuring, storage,
adaptation or alteration, retrieval, consultation, use, disclosure by
transmission, dissemination or otherwise making available, alignment or combination,
restriction, erasure or destruction.
· “Restriction of processing” means the marking of stored personal data
with the aim of limiting their processing in the future.
· “Wintego Monitoring software” shall mean www.WintegoPY.com and
shall include Wintego Monitoring
software’s any other Website, Sub-Domains, Web Links, Web Applications,
Android & IOS Applications, Windows Applications, Clouds, Programs,
Computer Software and any other services provided by Wintego Monitoring software ;
· “Profiling” means any form of automated processing of personal data
consisting of the use of personal data to evaluate certain personal aspects
relating to a natural person, in particular to analyse or predict aspects
concerning that natural person's performance at work, economic situation,
health, personal preferences, interests, reliability, behaviour, location or
movements.
· “Pseudonymisation” means the processing of personal data in
such a manner that the personal data can no longer be attributed to a specific
data subject without the use of additional information, provided that such
additional information is kept separately and is subject to technical and
organisational measures to ensure that the personal data are not attributed to
an identified or identifiable natural person.
· “Controller or controller responsible for the
processing” means the natural
or legal person, public authority, agency or other body which, alone or jointly
with others, determines the purposes and means of the processing of personal
data; where the purposes and means of such processing are determined by Union
or Member State law, the controller or the specific criteria for its nomination
may be provided for by Union or Member State law.
· “Processor” means a natural or legal person, public authority, agency or
other body which processes personal data on behalf of the controller.
· “Recipient” means a natural or legal person, public authority, agency or
another body, to which the personal data are disclosed, whether a third party
or not. However, public authorities which may receive personal data in the
framework of a particular inquiry in accordance with Union or Member State law
shall not be regarded as recipients; the processing of those data by those
public authorities shall be in compliance with the applicable data protection
rules according to the purposes of the processing.
· “Third party” means a natural or legal person, public authority, agency or
body other than the data subject, controller, processor and persons who, under
the direct authority of the controller or processor, are authorised to process
personal data.
· “Consent” means the data subject is any freely given, specific,
informed and unambiguous indication of the data subject's wishes by which he or
she, by a statement or by a clear affirmative action, signifies agreement to
the processing of personal data relating to him or her.
2.
Name and Address of the controller
· Controller for the purposes of the General Data
Protection Regulation (GDPR), other data protection laws applicable in Member
states of the European Union and other provisions related to data protection
is:
o Wintego Monitoring software Android App
o
o
o
3.
Cookies
· The Internet pages of the Wintego
Monitoring software Android App use
cookies. Cookies are text files that are stored in a computer system via an
Internet browser.
· Many Internet sites and servers use cookies.
Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier
of the cookie. It consists of a character string through which Internet pages
and servers can be assigned to the specific Internet browser in which the
cookie was stored. This allows visited Internet sites and servers to differentiate
the individual browser of the dats subject from other Internet browsers that
contain other cookies. A specific Internet browser can be recognized and
identified using the unique cookie ID.
· Through the use of cookies, the Wintego
Monitoring software Android App can
provide the users of this website with more user-friendly services that would
not be possible without the cookie setting.
· By means of a cookie, the information and offers
on our website can be optimized with the user in mind. Cookies allow us, as
previously mentioned, to recognize our website users. The purpose of this
recognition is to make it easier for users to utilize our website. The website
user that uses cookies, e.g. does not have to enter access data each time the
website is accessed, because this is taken over by the website, and the cookie
is thus stored on the user's computer system. Another example is the cookie of
a shopping cart in an online shop. The online store remembers the articles that
a customer has placed in the virtual shopping cart via a cookie.
· The data subject may, at any time, prevent the
setting of cookies through our website by means of a corresponding setting of
the Internet browser used, and may thus permanently deny the setting of cookies.
Furthermore, already set cookies may be deleted at any time via an Internet
browser or other software programs. This is possible in all popular Internet
browsers. If the data subject deactivates the setting of cookies in the
Internet browser used, not all functions of our website may be entirely usable.
4.
Collection of general data and information
· The website of the Wintego Monitoring software Android App collects a series of
general data and information when a data subject or automated system calls up
the website. This general data and information are stored in the server log
files. Collected may be (1) the browser types and versions used, (2) the
operating system used by the accessing system, (3) the website from which an
accessing system reaches our website (so-called referrers), (4) the
sub-websites, (5) the date and time of access to the Internet site, (6) an
Internet protocol address (IP address), (7) the Internet service provider of
the accessing system, and (8) any other similar data and information that may
be used in the event of attacks on our information technology systems.
· When using these general data and information,
the Wintego Monitoring software Android
App does not draw any conclusions about the data subject. Rather, this information
is needed to (1) deliver the content of our website correctly, (2) optimize the
content of our website as well as its advertisement, (3) ensure the long-term
viability of our information technology systems and website technology, and (4)
provide law enforcement authorities with the information necessary for criminal
prosecution in case of a cyber-attack. Therefore, the Wintego Monitoring software Android App analyzes anonymously
collected data and information statistically, with the aim of increasing the data
protection and data security of our enterprise, and to ensure an optimal level
of protection for the personal data we process. The anonymous data of the
server log files are stored separately from all personal data provided by a
data subject.
5.
Registration on our website
· The data subject has the possibility to register
on the website of the controller with the indication of personal data. Which
personal data are transmitted to the controller is determined by the respective
input mask used for the registration. The personal data entered by the data
subject are collected and stored exclusively for internal use by the
controller, and for his own purposes. The controller may request transfer to
one or more processors (e.g. a parcel service) that also uses personal data for
an internal purpose which is attributable to the controller.
· By registering on the website of the controller,
the IP address—assigned by the Internet service provider (ISP) and used by the
data subject—date, and time of the registration are also stored. The storage of
this data takes place against the background that this is the only way to
prevent the misuse of our services, and, if necessary, to make it possible to
investigate committed offenses. Insofar, the storage of this data is necessary
to secure the controller. This data is not passed on to third parties unless
there is a statutory obligation to pass on the data, or if the transfer serves
the aim of criminal prosecution.
· The registration of the data subject, with the
voluntary indication of personal data, is intended to enable the controller to
offer the data subject contents or services that may only be offered to
registered users due to the nature of the matter in question. Registered
persons are free to change the personal data specified during the registration
at any time, or to have them completely deleted from the data stock of the
controller.
· The data controller shall, at any time, provide
information upon request to each data subject as to what personal data are
stored about the data subject. In addition, the data controller shall correct
or erase personal data at the request or indication of the data subject,
insofar as there are no statutory storage obligations. The entirety of the controller’s
employees are available to the data subject in this respect as contact persons.
6.
Subscription to our newsletters
· On the website of the Wintego Monitoring software Android App, users are given the
opportunity to subscribe to our enterprise's newsletter. The input mask used
for this purpose determines what personal data are transmitted, as well as when
the newsletter is ordered from the controller.
· To use Wintego Monitoring software, the user is required to register
its Account with Wintego Monitoring
software and install Wintego Monitoring
software Application on the Devises of the TARGET which is intended to
be monitored as per this Agreement.
· The Wintego Monitoring software Android App informs its customers
and business partners regularly by means of a newsletter about enterprise
offers. The enterprise's newsletter may only be received by the data subject if
(1) the data subject has a valid e-mail address and (2) the data subject
registers for the newsletter shipping. A confirmation e-mail will be sent to
the e-mail address registered by a data subject for the first time for
newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation
e-mail is used to prove whether the owner of the e-mail address as the data
subject is authorized to receive the newsletter.
· During the registration for the newsletter, we
also store the IP address of the computer system assigned by the Internet
service provider (ISP) and used by the data subject at the time of the
registration, as well as the date and time of the registration. The collection
of this data is necessary in order to understand the (possible) misuse of the
e-mail address of a data subject at a later date, and it therefore serves the
aim of the legal protection of the controller.
· The personal data collected as part of a
registration for the newsletter will only be used to send our newsletter. In
addition, subscribers to the newsletter may be informed by e-mail, as long as
this is necessary for the operation of the newsletter service or a registration
in question, as this could be the case in the event of modifications to the
newsletter offer, or in the event of a change in technical circumstances. There
will be no transfer of personal data collected by the newsletter service to
third parties. The subscription to our newsletter may be terminated by the data
subject at any time. The consent to the storage of personal data, which the
data subject has given for shipping the newsletter, may be revoked at any time.
For the purpose of revocation of consent, a corresponding link is found in each
newsletter. It is also possible to unsubscribe from the newsletter at any time directly
on the website of the controller, or to communicate this to the controller in a
different way.
7.
Newsletter-Tracking
· The newsletter of the Wintego Monitoring software Android App contains so-called
tracking pixels. A tracking pixel is a miniature graphic embedded in such
e-mails, which are sent in HTML format to enable log file recording and
analysis. This allows a statistical analysis of the success or failure of
online marketing campaigns. Based on the embedded tracking pixel, the Wintego
Monitoring software Android App may see
if and when an e-mail was opened by a data subject, and which links in the
e-mail were called up by data subjects.
· Such personal data collected in the tracking
pixels contained in the newsletters are stored and analyzed by the controller
in order to optimize the shipping of the newsletter, as well as to adapt the
content of future newsletters even better to the interests of the data subject.
These personal data will not be passed on to third parties. Data subjects are at
any time entitled to revoke the respective separate declaration of consent
issued by means of the double-opt-in procedure. After a revocation, these
personal data will be deleted by the controller. The Wintego Monitoring software Android App automatically regards a
withdrawal from the receipt of the newsletter as a revocation.
8.
Contact possibility via the website
· The website of the Wintego Monitoring software Android App contains information
that enables a quick electronic contact to our enterprise, as well as direct
communication with us, which also includes a general address of the so-called
electronic mail (e-mail address). If a data subject contacts the controller by
e-mail or via a contact form, the personal data transmitted by the data subject
are automatically stored. Such personal data transmitted on a voluntary basis
by a data subject to the data controller are stored for the purpose of
processing or contacting the data subject. There is no transfer of this
personal data to third parties.
9. Routine
erasure and blocking of personal data
· The data controller shall process and store the
personal data of the data subject only for the period necessary to achieve the
purpose of storage, or as far as this is granted by the European legislator or
other legislators in laws or regulations to which the controller is subject to.
· If the storage purpose is not applicable, or if
a storage period prescribed by the European legislator or another competent
legislator expires, the personal data are routinely blocked or erased in
accordance with legal requirements.
10.
Rights of the data subject
· a) Right of confirmation
Each data subject shall have the right granted by the European legislator to
obtain from the controller the confirmation as to whether or not personal data
concerning him or her are being processed. If a data subject wishes to avail
himself of this right of confirmation, he or she may, at any time, contact any
employee of the controller.
· b) Right of access
Each data subject shall have the right granted by the European legislator to
obtain from the controller free information about his or her personal data
stored at any time and a copy of this information. Furthermore, the European
directives and regulations grant the data subject access to the following
information:
1. the purposes of the processing;
2. the categories of personal data concerned;
3. the recipients or categories of recipients to
whom the personal data have been or will be disclosed, in particular recipients
in third countries or international organisations;
4. where possible, the envisaged period for which
the personal data will be stored, or, if not possible, the criteria used to
determine that period;
5. the existence of the right to request from the
controller rectification or erasure of personal data, or restriction of
processing of personal data concerning the data subject, or to object to such
processing;
6. the existence of the right to lodge a complaint
with a supervisory authority;
7. where the personal data are not collected from
the data subject, any available information as to their source;
8. the existence of automated decision-making,
including profiling, referred to in Article 22(1) and (4) of the GDPR and, at
least in those cases, meaningful information about the logic involved, as well
as the significance and envisaged consequences of such processing for the data
subject.
Furthermore, the data
subject shall have a right to obtain information as to whether personal data
are transferred to a third country or to an international organisation. Where
this is the case, the data subject shall have the right to be informed of the
appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she
may, at any time, contact any employee of the controller.
· c) Right to rectification
Each data subject shall have the right granted by the European legislator to
obtain from the controller without undue delay the rectification of inaccurate
personal data concerning him or her. Taking into account the purposes of the
processing, the data subject shall have the right to have incomplete personal
data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she
may, at any time, contact any employee of the controller.
· d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to
obtain from the controller the erasure of personal data concerning him or her
without undue delay, and the controller shall have the obligation to erase
personal data without undue delay where one of the following grounds applies,
as long as the processing is not necessary:
The personal data are no longer necessary in relation to the purposes for which
they were collected or otherwise processed.
The data subject withdraws consent to which the processing is based according
to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the
GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the
GDPR and there are no overriding legitimate grounds for the processing, or the
data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in
Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information
society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to
request the erasure of personal data stored by the Wintego Monitoring software Android App, he or she may, at any
time, contact any employee of the controller. An employee of Wintego
Monitoring software Android App shall
promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to
Article 17(1) to erase the personal data, the controller, taking account of
available technology and the cost of implementation, shall take reasonable
steps, including technical measures, to inform other controllers processing the
personal data that the data subject has requested erasure by such controllers
of any links to, or copy or replication of, those personal data, as far as
processing is not required. An employees of the Wintego Monitoring software Android App will arrange the
necessary measures in individual cases.
· e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to
obtain from the controller restriction of processing where one of the following
applies:
The accuracy of the personal data is contested by the data subject, for a
period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the
personal data and requests instead the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing,
but they are required by the data subject for the establishment, exercise or
defence of legal claims.
The data subject has objected to processing pursuant to Article 21(1) of the
GDPR pending the verification whether the legitimate grounds of the controller
override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to
request the restriction of the processing of personal data stored by the Wintego
Monitoring software Android App, he or
she may at any time contact any employee of the controller. The employee of the
Wintego Monitoring software Android App
will arrange the restriction of the processing.
· f) Right to data portability
Each data subject shall have the right granted by the European legislator, to
receive the personal data concerning him or her, which was provided to a
controller, in a structured, commonly used and machine-readable format. He or
she shall have the right to transmit those data to another controller without
hindrance from the controller to which the personal data have been provided, as
long as the processing is based on consent pursuant to point (a) of Article
6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract
pursuant to point (b) of Article 6(1) of the GDPR, and the processing is
carried out by automated means, as long as the processing is not necessary for
the performance of a task carried out in the public interest or in the exercise
of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to
Article 20(1) of the GDPR, the data subject shall have the right to have
personal data transmitted directly from one controller to another, where
technically feasible and when doing so does not adversely affect the rights and
freedoms of others.
In order to assert the right to data portability, the data subject may at any
time contact any employee of the Wintego Monitoring software Android App.
· g) Right to object
Each data subject shall have the right granted by the European legislator to
object, on grounds relating to his or her particular situation, at any time, to
processing of personal data concerning him or her, which is based on point (e)
or (f) of Article 6(1) of the GDPR. This also applies to profiling based on
these provisions.
The Wintego Monitoring software Android
App shall no longer process the personal data in the event of the objection,
unless we can demonstrate compelling legitimate grounds for the processing
which override the interests, rights and freedoms of the data subject, or for
the establishment, exercise or defence of legal claims.
If the Wintego Monitoring software
Android App processes personal data for direct marketing purposes, the data
subject shall have the right to object at any time to processing of personal
data concerning him or her for such marketing. This applies to profiling to the
extent that it is related to such direct marketing. If the data subject objects
to the Wintego Monitoring software
Android App to the processing for direct marketing purposes, the Wintego Monitoring software Android App will no longer process
the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her
particular situation, to object to processing of personal data concerning him
or her by the Wintego Monitoring
software Android App for scientific or historical research purposes, or
for statistical purposes pursuant to Article 89(1) of the GDPR, unless the
processing is necessary for the performance of a task carried out for reasons
of public interest.
In order to exercise the right to object, the data subject may contact any
employee of the Wintego Monitoring
software Android App. In addition, the data subject is free in the
context of the use of information society services, and notwithstanding
Directive 2002/58/EC, to use his or her right to object by automated means
using technical specifications.
· h) Automated individual decision-making,
including profiling
Each data subject shall have the right granted by the European legislator not
to be subject to a decision based solely on automated processing, including
profiling, which produces legal effects concerning him or her, or similarly
significantly affects him or her, as long as the decision (1) is not is
necessary for entering into, or the performance of, a contract between the data
subject and a data controller, or (2) is not authorised by Union or Member
State law to which the controller is subject and which also lays down suitable
measures to safeguard the data subject's rights and freedoms and legitimate
interests, or (3) is not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a
contract between the data subject and a data controller, or (2) it is based on
the data subject's explicit consent, the Wintego Monitoring software Android App shall implement suitable
measures to safeguard the data subject's rights and freedoms and legitimate
interests, at least the right to obtain human intervention on the part of the
controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated
individual decision-making, he or she may, at any time, contact any employee of
the Wintego Monitoring software Android
App.
· i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to
withdraw his or her consent to processing of his or her personal data at any
time.
If the data subject wishes to exercise the right to withdraw the consent, he or
she may, at any time, contact any employee of the Wintego Monitoring software Android App.
11.
Data protection provisions about the application and use of Facebook
· On this website, the controller has integrated
components of the enterprise Facebook. Facebook is a social network.
· A social network is a place for social meetings
on the Internet, an online community, which usually allows users to communicate
with each other and interact in a virtual space. A social network may serve as
a platform for the exchange of opinions and experiences, or enable the Internet
community to provide personal or business-related information. Facebook allows
social network users to include the creation of private profiles, upload
photos, and network through friend requests.
· The operating company of Facebook is Facebook,
Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives
outside of the United States or Canada, the controller is the Facebook Ireland
Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
· With each call-up to one of the individual pages
of this Internet website, which is operated by the controller and into which a
Facebook component (Facebook plug-ins) was integrated, the web browser on the
information technology system of the data subject is automatically prompted to
download display of the corresponding Facebook component from Facebook through
the Facebook component. An overview of all the Facebook Plug-ins may be
accessed under https://developers.facebook.com/docs/plugins/. During the course
of this technical procedure, Facebook is made aware of what specific sub-site
of our website was visited by the data subject.
· If the data subject is logged in at the same
time on Facebook, Facebook detects with every call-up to our website by the
data subject—and for the entire duration of their stay on our Internet
site—which specific sub-site of our Internet page was visited by the data
subject. This information is collected through the Facebook component and
associated with the respective Facebook account of the data subject. If the
data subject clicks on one of the Facebook buttons integrated into our website,
e.g. the "Like" button, or if the data subject submits a comment,
then Facebook matches this information with the personal Facebook user account
of the data subject and stores the personal data.
· Facebook always receives, through the Facebook
component, information about a visit to our website by the data subject,
whenever the data subject is logged in at the same time on Facebook during the
time of the call-up to our website. This occurs regardless of whether the data
subject clicks on the Facebook component or not. If such a transmission of
information to Facebook is not desirable for the data subject, then he or she
may prevent this by logging off from their Facebook account before a call-up to
our website is made.
· The data protection guideline published by
Facebook, which is available at https://facebook.com/about/privacy/, provides
information about the collection, processing and use of personal data by
Facebook. In addition, it is explained there what setting options Facebook
offers to protect the privacy of the data subject. In addition, different
configuration options are made available to allow the elimination of data
transmission to Facebook. These applications may be used by the data subject to
eliminate a data transmission to Facebook.
12.
Data protection provisions about the application and use of Google AdSense
· On this website, the controller has integrated
Google AdSense. Google AdSense is an online service which allows the placement
of advertising on third-party sites. Google AdSense is based on an algorithm
that selects advertisements displayed on third-party sites to match with the
content of the respective third-party site. Google AdSense allows an
interest-based targeting of the Internet user, which is implemented by means of
generating individual user profiles.
· The operating company of Google's AdSense
component is Alphabet Inc., 1600 Amphitheatre Pkwy, Mountain View,
CA 94043-1351, United States.
· The purpose of Google's AdSense component is the
integration of advertisements on our website. Google AdSense places a cookie on
the information technology system of the data subject. The definition of
cookies is explained above. With the setting of the cookie, Alphabet Inc. is
enabled to analyze the use of our website. With each call-up to one of the
individual pages of this Internet site, which is operated by the controller and
into which a Google AdSense component is integrated, the Internet browser on
the information technology system of the data subject will automatically submit
data through the Google AdSense component for the purpose of online advertising
and the settlement of commissions to Alphabet Inc. During the course of this
technical procedure, the enterprise Alphabet Inc. gains knowledge of personal
data, such as the IP address of the data subject, which serves Alphabet Inc.,
inter alia, to understand the origin of visitors and clicks and subsequently
create commission settlements.
· The data subject may, as stated above, prevent
the setting of cookies through our website at any time by means of a
corresponding adjustment of the web browser used and thus permanently deny the
setting of cookies. Such an adjustment to the Internet browser used would also
prevent Alphabet Inc. from setting a cookie on the information technology
system of the data subject. Additionally, cookies already in use by Alphabet
Inc. may be deleted at any time via a web browser or other software programs.
· Furthermore, Google AdSense also uses so-called
tracking pixels. A tracking pixel is a miniature graphic that is embedded in
web pages to enable a log file recording and a log file analysis through which
a statistical analysis may be performed. Based on the embedded tracking pixels,
Alphabet Inc. is able to determine if and when a website was opened by a data
subject, and which links were clicked on by the data subject. Tracking pixels
serve, inter alia, to analyze the flow of visitors on a website.
· Through Google AdSense, personal data and
information—which also includes the IP address, and is necessary for the
collection and accounting of the displayed advertisements—is transmitted to
Alphabet Inc. in the United States of America. These personal data will be
stored and processed in the United States of America. The Alphabet Inc. may
disclose the collected personal data through this technical procedure to third
parties.
· Google AdSense is further explained under the
following link https://www.google.com/intl/en/adsense/start/
13.
Data protection provisions about the application and use of Google Analytics
(with anonymization function)
· On this website, the controller has integrated
the component of Google Analytics (with the anonymizer function). Google
Analytics is a web analytics service. Web analytics is the collection,
gathering, and analysis of data about the behavior of visitors to websites. A
web analysis service collects, inter alia, data about the website from which a person
has come (the so-called referrer), which sub-pages were visited, or how often
and for what duration a sub-page was viewed. Web analytics are mainly used for
the optimization of a website and in order to carry out a cost-benefit analysis
of Internet advertising.
· The operator of the Google Analytics component
is Google Inc., 1600 Amphitheatre Pkwy, Mountain View,
CA 94043-1351, United States.
· For the web analytics through Google Analytics
the controller uses the application "_gat. _anonymizeIp". By means of
this application the IP address of the Internet connection of the data subject
is abridged by Google and anonymised when accessing our websites from a Member
State of the European Union or another Contracting State to the Agreement on
the European Economic Area.
· The purpose of the Google Analytics component is
to analyze the traffic on our website. Google uses the collected data and
information, inter alia, to evaluate the use of our website and to provide
online reports, which show the activities on our websites, and to provide other
services concerning the use of our Internet site for us.
· Google Analytics places a cookie on the
information technology system of the data subject. The definition of cookies is
explained above. With the setting of the cookie, Google is enabled to analyze
the use of our website. With each call-up to one of the individual pages of
this Internet site, which is operated by the controller and into which a Google
Analytics component was integrated, the Internet browser on the information
technology system of the data subject will automatically submit data through
the Google Analytics component for the purpose of online advertising and the
settlement of commissions to Google. During the course of this technical
procedure, the enterprise Google gains knowledge of personal information, such
as the IP address of the data subject, which serves Google, inter alia, to
understand the origin of visitors and clicks, and subsequently create
commission settlements.
· The cookie is used to store personal
information, such as the access time, the location from which the access was
made, and the frequency of visits of our website by the data subject. With each
visit to our Internet site, such personal data, including the IP address of the
Internet access used by the data subject, will be transmitted to Google in the
United States of America. These personal data are stored by Google in the
United States of America. Google may pass these personal data collected through
the technical procedure to third parties.
· The data subject may, as stated above, prevent
the setting of cookies through our website at any time by means of a
corresponding adjustment of the web browser used and thus permanently deny the
setting of cookies. Such an adjustment to the Internet browser used would also
prevent Google Analytics from setting a cookie on the information technology
system of the data subject. In addition, cookies already in use by Google
Analytics may be deleted at any time via a web browser or other software
programs.
· In addition, the data subject has the
possibility of objecting to a collection of data that are generated by Google
Analytics, which is related to the use of this website, as well as the
processing of this data by Google and the chance to preclude any such. For this
purpose, the data subject must download a browser add-on under the link
https://tools.google.com/dlpage/gaoptout and install it. This browser add-on
tells Google Analytics through a JavaScript, that any data and information
about the visits of Internet pages may not be transmitted to Google Analytics.
The installation of the browser add-ons is considered an objection by Google.
If the information technology system of the data subject is later deleted,
formatted, or newly installed, then the data subject must reinstall the browser
add-ons to disable Google Analytics. If the browser add-on was uninstalled by
the data subject or any other person who is attributable to their sphere of
competence, or is disabled, it is possible to execute the reinstallation or
reactivation of the browser add-ons.
· Further information and the applicable data
protection provisions of Google may be retrieved under
https://www.google.com/intl/en/policies/privacy/ and under
http://www.google.com/analytics/terms/us.html. Google Analytics is further
explained under the following Link https://www.google.com/analytics/.
14.
Data protection provisions about the application and use of Google+
· On this website, the controller has integrated
the Google+ button as a component. Google+ is a so-called social network. A
social network is a social meeting place on the Internet, an online community,
which usually allows users to communicate with each other and interact in a
virtual space. A social network may serve as a platform for the exchange of
opinions and experiences, or enable the Internet community to provide personal
or business-related information. Google+ allows users of the social network to
include the creation of private profiles, upload photos and network through
friend requests.
· The operating company of Google+ is Google Inc.,
1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
· With each call-up to one of the individual pages
of this website, which is operated by the controller and on which a Google+
button has been integrated, the Internet browser on the information technology
system of the data subject automatically downloads a display of the
corresponding Google+ button of Google through the respective Google+ button
component. During the course of this technical procedure, Google is made aware
of what specific sub-page of our website was visited by the data subject. More
detailed information about Google+ is available under
https://developers.google.com/+/.
· If the data subject is logged in at the same
time to Google+, Google recognizes with each call-up to our website by the data
subject and for the entire duration of his or her stay on our Internet site,
which specific sub-pages of our Internet page were visited by the data subject.
This information is collected through the Google+ button and Google matches
this with the respective Google+ account associated with the data subject.
· If the data subject clicks on the Google+ button
integrated on our website and thus gives a Google+ 1 recommendation, then
Google assigns this information to the personal Google+ user account of the
data subject and stores the personal data. Google stores the Google+ 1
recommendation of the data subject, making it publicly available in accordance
with the terms and conditions accepted by the data subject in this regard.
Subsequently, a Google+ 1 recommendation given by the data subject on this
website together with other personal data, such as the Google+ account name
used by the data subject and the stored photo, is stored and processed on other
Google services, such as search-engine results of the Google search engine, the
Google account of the data subject or in other places, e.g. on Internet pages,
or in relation to advertisements. Google is also able to link the visit to this
website with other personal data stored on Google. Google further records this
personal information with the purpose of improving or optimizing the various
Google services.
· Through the Google+ button, Google receives
information that the data subject visited our website, if the data subject at
the time of the call-up to our website is logged in to Google+. This occurs
regardless of whether the data subject clicks or doesn’t click on the Google+
button.
· If the data subject does not wish to transmit
personal data to Google, he or she may prevent such transmission by logging out
of his Google+ account before calling up our website.
· Further information and the data protection
provisions of Google may be retrieved under
https://www.google.com/intl/en/policies/privacy/. More references from Google
about the Google+ 1 button may be obtained under
https://developers.google.com/+/web/buttons-policy.
15.
Data protection provisions about the application and use of Google-AdWords
· On this website, the controller has integrated
Google AdWords. Google AdWords is a service for Internet advertising that
allows the advertiser to place ads in Google search engine results and the
Google advertising network. Google AdWords allows an advertiser to pre-define
specific keywords with the help of which an ad on Google's search results only
then displayed, when the user utilizes the search engine to retrieve a
keyword-relevant search result. In the Google Advertising Network, the ads are
distributed on relevant web pages using an automatic algorithm, taking into
account the previously defined keywords.
· The operating company of Google AdWords is
Google Inc., 1600 Amphitheatre Pkwy, Mountain View,
CA 94043-1351, UNITED STATES.
· The purpose of Google AdWords is the promotion
of our website by the inclusion of relevant advertising on the websites of
third parties and in the search engine results of the search engine Google and
an insertion of third-party advertising on our website.
· If a data subject reaches our website via a
Google ad, a conversion cookie is filed on the information technology system of
the data subject through Google. The definition of cookies is explained above.
A conversion cookie loses its validity after 30 days and is not used to
identify the data subject. If the cookie has not expired, the conversion cookie
is used to check whether certain sub-pages, e.g, the shopping cart from an
online shop system, were called up on our website. Through the conversion
cookie, both Google and the controller can understand whether a person who
reached an AdWords ad on our website generated sales, that is, executed or
canceled a sale of goods.
· The data and information collected through the
use of the conversion cookie is used by Google to create visit statistics for
our website. These visit statistics are used in order to determine the total
number of users who have been served through AdWords ads to ascertain the
success or failure of each AdWords ad and to optimize our AdWords ads in the
future. Neither our company nor other Google AdWords advertisers receive information
from Google that could identify the data subject.
· The conversion cookie stores personal
information, e.g. the Internet pages visited by the data subject. Each time we
visit our Internet pages, personal data, including the IP address of the Internet
access used by the data subject, is transmitted to Google in the United States
of America. These personal data are stored by Google in the United States of
America. Google may pass these personal data collected through the technical
procedure to third parties.
· The data subject may, at any time, prevent the
setting of cookies by our website, as stated above, by means of a corresponding
setting of the Internet browser used and thus permanently deny the setting of
cookies. Such a setting of the Internet browser used would also prevent Google
from placing a conversion cookie on the information technology system of the
data subject. In addition, a cookie set by Google AdWords may be deleted at any
time via the Internet browser or other software programs.
· The data subject has a possibility of objecting
to the interest based advertisement of Google. Therefore, the data subject must
access from each of the browsers in use the link www.google.de/settings/ads and
set the desired settings.
· Further information and the applicable data
protection provisions of Google may be retrieved under
https://www.google.com/intl/en/policies/privacy/.
16.
Data protection provisions about the application and use of Instagram
· On this website, the controller has integrated
components of the service Instagram. Instagram is a service that may be
qualified as an audiovisual platform, which allows users to share photos and
videos, as well as disseminate such data in other social networks.
· The operating company of the services offered by
Instagram is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park,
CA, UNITED STATES.
· With each call-up to one of the individual pages
of this Internet site, which is operated by the controller and on which an
Instagram component (Insta button) was integrated, the Internet browser on the
information technology system of the data subject is automatically prompted to
the download of a display of the corresponding Instagram component of
Instagram. During the course of this technical procedure, Instagram becomes
aware of what specific sub-page of our website was visited by the data subject.
· If the data subject is logged in at the same
time on Instagram, Instagram detects with every call-up to our website by the
data subject—and for the entire duration of their stay on our Internet
site—which specific sub-page of our Internet page was visited by the data
subject. This information is collected through the Instagram component and is
associated with the respective Instagram account of the data subject. If the
data subject clicks on one of the Instagram buttons integrated on our website,
then Instagram matches this information with the personal Instagram user
account of the data subject and stores the personal data.
· Instagram receives information via the Instagram
component that the data subject has visited our website provided that the data
subject is logged in at Instagram at the time of the call to our website. This
occurs regardless of whether the person clicks on the Instagram button or not.
If such a transmission of information to Instagram is not desirable for the
data subject, then he or she can prevent this by logging off from their
Instagram account before a call-up to our website is made.
· Further information and the applicable data
protection provisions of Instagram may be retrieved under
https://help.instagram.com/155833707900388 and
https://www.instagram.com/about/legal/privacy/.
17.
Payment Method: Data protection provisions about the use of PayPal as a payment
processor
· On this website, the controller has integrated
components of PayPal. PayPal is an online payment service provider. Payments
are processed via so-called PayPal accounts, which represent virtual private or
business accounts. PayPal is also able to process virtual payments through
credit cards when a user does not have a PayPal account. A PayPal account is
managed via an e-mail address, which is why there are no classic account
numbers. PayPal makes it possible to trigger online payments to third parties
or to receive payments. PayPal also accepts trustee functions and offers buyer
protection services.
· The European operating company of PayPal is
PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449
Luxembourg, Luxembourg.
· If the data subject chooses "PayPal"
as the payment option in the online shop during the ordering process, we
automatically transmit the data of the data subject to PayPal. By selecting
this payment option, the data subject agrees to the transfer of personal data
required for payment processing.
· The personal data transmitted to PayPal is
usually first name, last name, address, email address, IP address, telephone
number, mobile phone number, or other data necessary for payment processing.
The processing of the purchase contract also requires such personal data, which
are in connection with the respective order.
· The transmission of the data is aimed at payment
processing and fraud prevention. The controller will transfer personal data to
PayPal, in particular, if a legitimate interest in the transmission is given.
The personal data exchanged between PayPal and the controller for the
processing of the data will be transmitted by PayPal to economic credit
agencies. This transmission is intended for identity and creditworthiness
checks.
· PayPal will, if necessary, pass on personal data
to affiliates and service providers or subcontractors to the extent that this
is necessary to fulfill contractual obligations or for data to be processed in
the order.
· The data subject has the possibility to revoke
consent for the handling of personal data at any time from PayPal. A revocation
shall not have any effect on personal data which must be processed, used or
transmitted in accordance with (contractual) payment processing.
· The applicable data protection provisions of
PayPal may be retrieved under
https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
18.
Legal basis for the processing
· Art. 6(1) lit. a GDPR serves as the legal basis
for processing operations for which we obtain consent for a specific processing
purpose. If the processing of personal data is necessary for the performance of
a contract to which the data subject is party, as is the case, for example,
when processing operations are necessary for the supply of goods or to provide
any other service, the processing is based on Article 6(1) lit. b GDPR. The
same applies to such processing operations which are necessary for carrying out
pre-contractual measures, for example in the case of inquiries concerning our
products or services. Is our company subject to a legal obligation by which
processing of personal data is required, such as for the fulfillment of tax
obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases,
the processing of personal data may be necessary to protect the vital interests
of the data subject or of another natural person. This would be the case, for
example, if a visitor were injured in our company and his name, age, health
insurance data or other vital information would have to be passed on to a
doctor, hospital or other third party. Then the processing would be based on
Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article
6(1) lit. f GDPR. This legal basis is used for processing operations which are
not covered by any of the abovementioned legal grounds, if processing is
necessary for the purposes of the legitimate interests pursued by our company
or by a third party, except where such interests are overridden by the
interests or fundamental rights and freedoms of the data subject which require
protection of personal data. Such processing operations are particularly
permissible because they have been specifically mentioned by the European
legislator. He considered that a legitimate interest could be assumed if the
data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
19.
The legitimate interests pursued by the controller or by a third party
Where the processing of
personal data is based on Article 6(1) lit. f GDPR our legitimate interest is
to carry out our business in favor of the well-being of all our employees and
the shareholders.
20.
Period for which the personal data will be stored
The criteria used to
determine the period of storage of personal data is the respective statutory
retention period. After expiration of that period, the corresponding data is
routinely deleted, as long as it is no longer necessary for the fulfillment of
the contract or the initiation of a contract.
21.
Provision of personal data as statutory or contractual requirement;
· Requirement necessary to enter into a contract;
Obligation of the data subject to provide the personal data; possible
consequences of failure to provide such data
· We clarify that the provision of personal data
is partly required by law (e.g. tax regulations) or can also result from
contractual provisions (e.g. information on the contractual partner). Sometimes
it may be necessary to conclude a contract that the data subject provides us
with personal data, which must subsequently be processed by us. The data
subject is, for example, obliged to provide us with personal data when our
company signs a contract with him or her. The non-provision of the personal
data would have the consequence that the contract with the data subject could
not be concluded. Before personal data is provided by the data subject, the
data subject must contact any employee. The employee clarifies to the data
subject whether the provision of the personal data is required by law or
contract or is necessary for the conclusion of the contract, whether there is
an obligation to provide the personal data and the consequences of
non-provision of the personal data.
22.
Existence of automated decision-making
As a responsible
company, we do not use automatic decision-making or profiling.
This Privacy Policy has been generated by the Privacy Policy Generator of the
External Data Protection Officers that was developed in cooperation with the
Media Law Lawyers from WBS-LAW.