Data Protection Policy e-nizing GmbH - Last updated: May 2018
Section 1 - Name and adress of the data controller
"Controller" within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws and regulations is: e-nizing GmbH Pallaswiesenstrasse 100 64293 Darmstadt, Germany Phone: +49 6151 1531 3333 E-mail: firstname.lastname@example.org
Section 2 - General information on data processing
I. Extend to which personal data is processed
As a general rule, we only collect and use your personal data as far as this is necessary for making available our website and for providing our services.
II. Legal basis for the processing of personal data
The legal basis on which data processing takes place is specified in the paragraphs about the individual data processing processes.
III. Deletion of data and duration of storage
Your personal data will be deleted or blocked as soon as the purpose of storage of such data no longer applies. However, data may be stored for a longer period if this is stipulated in national or international laws or regulations to which we are subject. In such a case, the data will be deleted or blocked when a storage period specified in the mentioned laws and regulations expires, except where further storage of the data is necessary for the conclusion of a contract or for fulfilling a contractual obligation.
Section 3 - Collection of data and duration of storage
"(1) If you use our website for information purposes only, i.e. if you do not register nor send us information in any other way, we will only collect those data that your browser transmits to our server. If you view our website, we will then collect the data specified below, which is technically necessary in order to be able to display our website on your system and to guarantee stability and security: – IP address – Date and time the website is visited – Time zone difference from Greenwich Mean Time (GMT) – Content of the visit (the exact page) – Status of access/HTTP status code – Amount of data transmitted in each individual case – Website from which the request to view our website is made – Browser – Operating system and its surface – Language and version of browser software. (2) The legal basis for the collection of this data is Art. 6(1) first sentence (f) of the GDPR. (3) The collection of the data for making the website available and storage of the data in log files is essential for the purpose of operating our website. For this reason, you cannot object to such collection and storage.
Section 4 - Cookies
Section 5 - Use of Google Analytics
Section 6 - E-mail contact
"(1) When you send us an e-mail, we will store the communicated data (i.e. your e-mail address, your name and phone number if you indicate them) in order to answer your questions. The data collected in this context will be deleted as soon as the purpose of the storage no longer exists. Data may also be stored if this is stipulated in European or national legislation in European Union regulations, laws or other legal provisions to which the controller is subject. The data will also be deleted or blocked when a storage period specified in the mentioned laws and regulations expires. (2) The legal basis for the processing of data to which the user has given consent is Art. 6(1)(a) of the GDPR. Furthermore, the legal basis for the processing of data transferred in the context of sending an e-mail is Art. 6(1)(f) of the GDPR). If the e-mail communication aims at entering into a contract, the processing is additionally based on Art. 6(1)(b) of the GDPR.
Section 7 - Registration
"(1) On our website, you have the option to register, for which you must give some personal information. In this case, the information is entered in an input mask and will be transferred to us and then be stored. The registration process involves the collecting of the following details: E-mail First name Last name Company Date and time As part of the registration process, we obtain your consent to the processing of this data. Your data is required for correctly providing and billing contractual services. For the provision of certain services, personal data is passed on to the following processors:
Zuora is used for handling offers to enter into a contract. Pursuant to Art. 46(2)(c) of the GDPR, the application of standard data protection clauses has been agreed as a special basis for the transfer of data to third countries. Zendesk is used as a support solution.For this service, two, the application of standard data protection clauses has been agreed as a special basis for the transfer of data to third countries in accordance with Art. 46(2)(c) of the GDPR. (2) The legal basis for the processing of data to which consent has been given is Art. 6(1)(a) of the GDPR. Since the purpose of registration is the performance of a contract or the implementation of precontractual measures, the processing of data in this context is, moreover, based on Art. 6(1)(b) of the GDPR.
Section 8 - Rights of the data subject
"If we process your personal data, you have the following rights:
(1). Right to information (GDPR: Right of access)
You have the right to obtain confirmation from us as to whether or not personal data concerning you is being processed. Where that is the case, you are entitled to obtain the following information from us: a) the purposes for which the personal data is processed; b) the categories of personal data concerned; c) the recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed; d) the envisaged period for which the personal data concerning you will be stored, or, if exact periods cannot be given, the criteria used to determine that period; e) the existence of the right to request rectification or deletion of personal data concerning you, the right to restrict processing by the data controller, or the right to object to such processing; f) the existence of the right to lodge a complaint with a supervisory authority; g) where the personal data is not collected from the data subject him/herself, any available information as to the source of the data; h) the existence of automated decision-making, including profiling as referred to in Article 22(1) and (4) of the GDPR, and, where appropriate, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you as the data subject. i) information about the transfer of personal data to a third country or to an international organisation as well as information about appropriate safeguards relating to the transfer pursuant to Article 46 GDPR.
(2). Right to rectification
In case your personal data is inaccurate or incomplete, you are entitled to request rectification and/or completion of the data.
(3). Right to restriction of processing
You have the right to demand restriction of processing of personal data concerning you if one of the following applies: a) if you contest the accuracy of your personal data, for a period enabling the controller to verify the accuracy of the personal data; b) if the processing is unlawful and you decline erasure of your personal data, requesting restriction of their use instead; c) if we no longer need the personal data for the purposes of the processing, but you need the data for the establishment, exercise or defence of legal claims; d) if you have objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override your grounds. Where processing of the personal data concerning you has been restricted, such data shall, with the exception of storage, only be processed with your consent or for the establishment, 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 interests of the Union or a Member State. If the processing of your personal data has been restricted due to one of the above-mentioned circumstances, we will inform you before the restriction of processing is lifted.
(4). Right to erasure
You have the right to request us to delete your personal data without undue delay, in which case we will be obliged to delete this data without undue delay if one of the following reasons applies: a) your personal data is no longer necessary for the purposes for which it has been collected or otherwise processed; b) you withdraw your consent on which the processing is based according to Article 6(1)(a) or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing; c) 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; d) your personal data has been unlawfully processed; e) the personal data has to be erased for compliance with a legal obligation under Union or Member State law to which the controller is subject; f) your personal data has been collected in relation to offered services of the information society referred to in Article 8(1) of the GDPR.
(5). Information to third parties
If we have made public the personal data concerning you for compliance with our contractual obligations and are obliged pursuant to Article 17(1) of the GDPR to delete the personal data, we will take reasonable steps, including technical measures, to pass on the information that you as the data subject have requested us to erase all links links to your personal data or copies or replications of this personal data.
The right to erasure does not exist if the data processing is required a) for exercising the right of freedom of expression and information; b) for compliance with a legal obligation which requires processing in accordance with Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us; c) for reasons of public interest in the area of public health in accordance with Article 9(2)(h) and (i) as well as Article 9(3) of the GDPR); d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of the GDPR in so far as the right referred to under (a) is likely to render impossible or seriously impair the achievement of the objectives of such processing; e) for the establishment, exercise or defence of legal claims.
(7). Right to be notified
Once you have exercised your right to rectification, erasure or restriction of processing vis-a-vis us, we are obliged to communicate such rectification or erasure of personal data or restriction of processing to all recipients to whom the personal data concerning you has been disclosed, unless this proves impossible or involves disproportionate effort. You have the right to be informed about those recipients.
(8). Right to data portability
You have the right to receive the personal data concerning you which you have made available to us, in a structured, commonly used and machine-readable format. Furthermore, you have the right to transmit this data to another data controller without hindrance from us, if (1) the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2) (a) of the GDPR or on a contract pursuant to Article 6(1)(b); and (2) processing is carried out with the help of automated means. In exercising this right, you can also demand that the personal data concerning you be transmitted directly from us to another controller, if this is technically feasible. However, this must not impair any freedoms and rights of other persons. The right to data portability shall not apply to the processing of personal data which is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
(9). Right to object
a) You are entitled to object, for reasons relating to your particular situation, at any time to the processing of the personal data concerning you and which is based on Article 6(1)(e) or (f) of the GDPR. In this case, we will no longer process the personal data concerned unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or unless the processing is necessary to assert, exercise or defend any legal claims. If the personal data concerning you is processed for the purpose of direct marketing, you can object at any time to the processing of the personal data concerning you for the purposes of such marketing; this shall also apply to profiling insofar as it is related to such direct marketing. If you object to the processing that is made for purposes of direct marketing, the personal data concerning you will no longer be processed for these purposes. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications. b) You have the right to withdraw your consent to processing at any time. The withdrawal of consent will not affect the lawfulness of the processing that was based on the consent before it was revoked. c) You have the right not to be subject to a decision based exclusively on automated processing, including profiling, which produces legal effects concerning you or significantly affects you in a similar manner. This does not apply if the decision (1) is necessary for the purpose of entering into or performing a contract between you and us; (2) is authorised by Union or Member State law to which we are subject and which also lays down suitable measures to safeguard your rights and freedoms as well as your legitimate interests; or (3) is based on your explicit consent. However, such decisions shall not be based on special categories of personal data referred to in Article 9(1) of the GDPR, unless point (a) or (g) of Article 9(2) GDPR applies and suitable measures to safeguard your rights and freedoms as well as your legitimate interests are in place. In the cases referred to under (1) and (3), we will implement suitable measures to safeguard your rights and freedoms as well as your legitimate interests, which include at least the right to obtain human intervention on the part of the controller, the right to express your point of view and the right to contest the decision.
(10). Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you are entitled to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of the personal data concerning you infringes the GDPR. The supervisory authority with which a complaint has been lodged will inform the complainant about the status of the complaint and the decision, including the the right to a judicial remedy in accordance with Article 78 of the GDPR.