Datenschutzerklärung - elego Software Solutions GmbH

[privacy_policy]

Please note that this English translation is for informational purposes only. The German version is legally binding., see 'Datenschutzerklärung'. This privacy policy statement clarifies the nature, scope and purpose of personal data (hereinafter referred to as "data") collection and processing related to our services and and online presence. With regard to the terminology used, e.g. "Processing" or "Responsible", please refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

Responsible party

elego Software Solutions GmbH
Gustav-Meyer-Allee 25
Building 12
13355 Berlin

Email: info@elegosoft.com
Managing Director: Olaf Wagner

Link to the imprint: https://www.elegosoft.com/imprint
Contact Data Protection Officer: Walter Klust, Email: dsb@elegosoft.com

Types of processed data:

inventory data (e.g., person master data, name or address)
contact information (e.g., e-mail, phone numbers)
content data (e.g., text input, photographs, videos)
usage data (e.g., websites visited, interest in content, access times)
meta / communication data (e.g., device information, IP addresses)

Categories of affected persons

Visitors and users of the online service (hereinafter we refer to the affected persons as "users").

Purpose of processing

Provision of the online service, its functions and contents
Answering data requests and communicating with users
Safety measures
Reach Measurement / Marketing

Terms used

"Personal data" refers to any information relating to an identified or identifiable natural person (hereinafter the "data subject"); a natural person is considered as identifiable, who can be identified directly or indirectly, in particular by means of assignment of an identifier such as a name, an identification number, to location data, to an online identifier (eg cookie) or to one or more special features, that express the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.

"Processing" refers to any process performed with or without the aid of automated procedures or any such process associated with personal data. The term is comprehensive and includes virtually every handling of data.

"Pseudonymisation" refers to the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without additional information being provided, provided that such additional information is kept separate and subject to technical and organizational measures to ensure that the personal data not assigned to an identified or identifiable natural person.

"Responsible person" refers to the natural or legal person, public authority, body or body that decides, alone or in concert with others, on the purposes and means of processing personal data.

"Processor" refers to a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.

Legal basis for the acquisition and processing of personal information

In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing. For users within the scope of the General Data Protection Regulation (DSGVO), i.e. the EU and the EEC, the following applies unless explicitly otherwise declared:

The legal basis for obtaining consent is Article 6 (1) lit. a and Art. 7 GDPR;
The legal basis for the data processing in the scope of our service provision and the execution of contractual measures, as well as the answer to inquiries is Art. 6 para. 1 lit. b DSGVO;
The legal basis for processing in fulfillment of our legal obligations is Art. 6 para. 1 lit. c DSGVO;
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO as legal basis.
The legal basis for the processing required to perform a task in the public interest or in the exercise of official authority which has been delegated to the controller is Article 6 (1) lit. e DSGVO.
The legal basis for processing in order to safeguard our legitimate interests is Article 6 (1) lit. f DSGVO.
The processing of data for purposes other than those to which they have been granted is governed by the provisions of Article 6 (4) GDPR.
The processing of special categories of data (according to Art. 9 (1) GDPR) is governed by the provisions of Art. 9 (2) GDPR.

Safety measures

We take appropriate technical and organizational measures in accordance with legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing and the different likelihood and severity of the risk to the rights and freedoms of individuals to ensure a comeasurate level of protection.

Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as their access, input, disclosure, availability and separation. We have also set up procedures to ensure the protection of data subject rights, data deletion and data vulnerability. Furthermore, we consider the protection of personal data prior to implementation, for example through the selection of appropriate hardware, software and procedures according to the principle of data protection through technology design and privacy-friendly default settings.

Collaboration with contract processors, joint controllers and third parties

If, in the course of our processing, we disclose data to other persons and companies (contract processors, joint controllers or third parties), transmit them to them or otherwise grant them access to the data, this will only be done on the basis of legal permission (eg. if the data is transmitted to third parties, such as to payment service providers, to fulfill the contract), users have consented to a legal obligation to do so or on the basis of our legitimate interests (eg the use of agents, web hosts, etc.).

If we disclose data to other companies in our group, convey it or otherwise grant access to it, this is done in particular for administrative purposes as a legitimate interest and on a legal basis.

Transfers to third countries

If we process data in a third country (ie outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation) or in the context of the use of third party services or disclosure, or transfer data to other persons or companies, this will only occur if it is to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or leave the data in a third country only in the presence of legal requirements, in the presence of specific guarantees such as an officially recognized level of data protection (for example, the US Privacy Shield) or compliance with officially recognized specific contractual obligations.

Rights of data subjects

In accordance with legal requirements, you have the right to ask for confirmation as to whether the data in question is being processed and information as well as copies of the data.

In accordance with legal requirements, you have the right to demand the correction or completion of the data concerning you.

In accordance with legal requirements, you have the right to demand that the relevant data be deleted immediately, or alternatively to demand a restriction of the processing of the data in accordance with the statutory provisions.

In accordance with legal requirements, you have the right to request that the data relating to you be obtained and transmitted to other responsible parties.

You also have the right, in accordance with the legal requirements, to submit a complaint to the competent supervisory authority.

Withdrawal

You have the right to withdraw granted consent with effect for the future.

Your rights

You may object to the future processing of your data in accordance with legal requirements at any time. The objection may in particular be made against processing for direct marketing purposes.

Cookies and right to object in direct marketing

"Cookies" are small files that are stored on users' computers. Various information can be stored within the cookies. A cookie is primarily used to store the information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online service and closes his browser. In such a cookie, e.g. the contents of a shopping cart in an online shop or a login status are saved. The term "permanent" or "persistent" refers to cookies that remain stored even after the browser has been closed. Thus, e.g. the login status will be saved if users visit it after several days. Likewise, in such a cookie the interests of the users can be stored, which are used for range measurement or marketing purposes. A "third-party cookie" refers to cookies that are offered by providers other than the person who manages the online offer (otherwise, if it is only their cookies, this is called "first-party cookies").

We can use temporary and permanent cookies and clarify this in the context of our privacy policy.

If users do not want cookies stored on their machine, you will be asked to disable the option in your browser's system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

Objections to the use of specific cookies used for online marketing purposes can be submitted to a variety of services, especially in the case of tracking, via the US website
http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be prevented by switching them off in your browser. Please note that some features of our online service may not function properly with cookies disabled.

Deletion of data

The data we processe will be deleted or secured from unauthorized access in accordance with legal requirements. Unless explicitly stated in this privacy policy, the data stored by us are deleted as soon as they are no longer required for their purpose provided their deletion does not conflict with any statutory storage requirements.

If data is not deleted because it is required for legitimate purposes, its processing will be restricted. The data is secured and not processed for other purposes. This applies, for example, to data that must be kept for statutory or tax reasons.

Changes and updates to the privacy policy

We ask you to regularly inform yourself about the content of our privacy policy. We will adjust the privacy policy as soon as the changes to the data processing we make require it. We will notify you as soon as the changes require your participation (e.g. consent) or other individual notification.

Agency services

We process our clients' data as part of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development / consulting or maintenance, campaign / process / handling implementation, server administration, data analysis / consulting services, and training services.

Here we process stock data (eg, customer master data, such as names or addresses), contact data (eg, e-mail, telephone numbers), content data (eg, text inputs, photographs, videos), contract data (eg, subject matter, term), payment data (eg, bank account, payment history), usage and metadata (eg in the context of the evaluation and success measurement of marketing measures). In principle, we do not process special categories of personal data, unless these are components of a commissioned processing. Those affected include our customers, prospects and their customers, users, website visitors or employees as well as third parties. The purpose of the processing is the provision of contract services, billing and our customer service. The legal basis of the processing arises from Art. 6 para. 1 lit. b DSGVO (contractual services), Art. 6 para. 1 lit. f DSGVO (analysis, statistics, optimization, security measures). We process data that are necessary for the establishment and performance of the contractual services and indicate the necessity of their information. Disclosure to external parties will only be made if required by an order. When processing the data provided to us within the framework of an order, we act in accordance with the instructions of the client as well as with the legal requirements of order processing pursuant to Art. Art. 28 DSGVO and process the data for no other purpose than the order.

We delete the data after expiry of legal warranty and comparable obligations. The necessity of keeping the data is evaluated every three years; in the case of legal archiving obligations, the deletion takes place after its expiry (6 years, pursuant to § 257 (1) HGB, 10 J, in accordance with § 147 (1) AO). In the case of data disclosed to us in the context of an order by the client, we delete the data according to the specifications of the order, in principle after the end of the order.

Contractual services

We process the data of our contractual partners and interested parties as well as other clients, customers, clients, clients or contractual partners (uniformly referred to as "contractual partners") in accordance with Art. 6 para. 1 lit. b. DSGVO in order to provide you with our contractual or pre-contractual services. The data processed, the nature, scope and purpose and necessity of their processing are determined by the underlying contractual relationship.

The processed data includes the master data of our contractual partners (eg, names and addresses), contact data (eg e-mail addresses and telephone numbers) as well as contract data (eg, services used, contract contents, contractual communication, names of contact persons) and payment data (eg, Bank details, payment history).

n principle, we do not process special categories of personal data, unless they are part of a contracted or contractual processing.

We process data which are necessary for the establishment and fulfillment of the contractual services and point out the necessity of their indication, if this is not evident for the contractual partners. Disclosure to external persons or companies will only be made if required by a contract. When processing the data provided to us within the framework of an order, we act in accordance with the instructions of the client as well as the legal requirements.

As part of the use of our online services, we can save the IP address and the time of each user action. The storage is based on our legitimate interests, as well as the interests of the user in the protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is to pursue our claims acc. Art. 6 para. 1 lit. f. DSGVO required or there is a legal obligation in accordance with. Art. 6 para. 1 lit. c. DSGVO.

The data will be deleted if the data is no longer required for the fulfillment of contractual or statutory duties of care and for the handling of any warranty and comparable obligations, whereby the necessity of keeping the data is reviewed every three years; otherwise the statutory storage obligations apply.

Administration, financial accounting, office organization, contact management

We process data in the context of administrative tasks and organization of our business, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the course of rendering our contractual services. The processing principles are Art. 6 para. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. The processing affects customers, prospects, business partners and website visitors. The purpose and interest in processing lies in administration, financial accounting, office organization, data archiving, that is, tasks that serve to maintain our business, perform our duties and provide our services. The deletion of the data in terms of contractual performance and contractual communication corresponds to the information provided in these processing activities.

We disclose or transmit data to the financial administration, consultants, such as tax accountants or auditors, and other fee agents and payment service providers.

Furthermore, based on our business interests, we store information about suppliers, promoters and other business partners, e.g. for later contact. We generally store this majority of company-related data permanently.

Business analysis and market research

In order to operate our business economically, to recognize market trends, wishes of the contractors and users, we analyze the data available to us for business transactions, contracts, inquiries, etc. We process stock data, communication data, contract data, payment data, usage data, metadata based on the nature 6 para. 1 lit. f. DSGVO, whereby the data subjects include contractual partners, interested parties, customers, visitors and users of our online offer.

The analyses are carried out for the purpose of business analysis, marketing and market research. In doing so, we can provide the profiles of registered users with information, e.g. take into account their services. The analyses serve us to increase user-friendliness, optimization of our services and business economics. The analyses are for our sole use and will not be disclosed externally unless they are anonymous, aggregated value analyzes.

If these analyses or profiles are personal, they will be deleted or anonymised upon termination of the usage, otherwise after two years from the conclusion of the contract. Business and general trend analyses are created anonymously if possible.

Privacy policy in the application process

We process applicant data only for the purpose and in the context of the application process in accordance with applicable legal requirements. The processing of the applicant data takes place in order to fulfill our (pre-) contractual obligations through the application process within the context of Art. 6 para. 1 lit. b. DSGVO Art. 6 para. 1 lit. f. DSGVO if the data processing e.g. is required for us in the context of legal proceedings (in Germany, § 26 BDSG applies additionally).

The application process requires applicants to provide us with data. The required applicant data are identified as such on online forms, otherwise result from the job description. This includes personal information such postal and contact addresses, application and related documents, such as cover letter, CV and certificates. Applicants may choose to voluntarily provide us with additional information.

By submitting the application to us, candidates agree to the processing of their data for the purposes of the application process in accordance with the nature and scope set forth in this Privacy Policy.

Insofar as special categories of personal data within the scope of Art. 9 (1) GDPR are voluntarily communicated during the application, their processing is carried out in accordance with Art. 9 (2) lit. b DSGVO (e.g., health information such as disability or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 (1) GDPR are requested from applicants during the application, their processing is additionally carried out in accordance with Art. 9 para. 2 lit. a GDPR (for example health data, if necessary for the profession).

Applicants can send us their applications via e-mail. However, please note that e-mails are generally not sent in encrypted form and that applicants themselves must provide encryption. Therefore, we can not take any responsibility for the transmission of the application between the sender and the reception on our server. We accept applicants delivered by the postal service, and recommend this Method of submission.

The data provided by the applicants may be further processed in the event of a successful application for employment. Otherwise, if the application does not result in a contractual work agreement, the applicant‘s data will be deleted. Applicant‘s data will also be deleted if an application is withdrawn, which the applicants are entitled to at any time.

The cancellation is subject to a legitimate cancellation of the candidate, after the expiration of a period of six months, so that we can answer any follow-up questions to the application and meet our obligations under the Equal Treatment Act. Invoices for any reimbursement of travel expenses are archived in accordance with the tax regulations.

Contact

When contacting us (for example, by contact form, e-mail, telephone or via social media) the information is processed in accordance with. Art. 6 para. 1 lit. b. (in the context of contractual / pre-contractual relationships), Art. 6 para. 1 lit. f. (other requests) DSGVO. User information may be stored in a Customer Relationship Management System ("CRM System") or similar information storage system.

We delete the requests if they are no longer required. We review the data every two years to determine if it is still needed. Legal archiving obligations apply.

CRM system from Odoo

We use the CRM system of the provider Odoo S.A. - VAT BE0477472701, Chaussée de Namur, 40, 1367 Grand-Rosière, Belgium in order to process user requests quickly and efficiently (legitimate interest in accordance with Art. 6 (1) lit. DSGVO).
Odoo adheres to the specifications of the DSGVO.
If users disagree with data collection and data storage in Odoo's external system, we provide alternative contact options for submitting service requests by email, telephone, fax or post.

For more information, users can refer to the Odoo statement at:
https://www.odoo.com/de_DE/gdpr (in English).

Hosting and e-mailing

The hosting services we use are designed to provide the following services: infrastructure and platform services, computing capacity, storage and database services, e-mailing, security and technical maintenance needed to operate this online service.

Here we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers of interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer acc. Art. 6 para. 1 lit. f DSGVO i.V.m. Art. 28 DSGVO.

Collection of access data and log files

We, or our hosting provider, collect information on the basis of our legitimate interests within the scope of Art. 6 para. 1 lit. f. DSGVO. Data resulting from idividual requests to the server on which this service is located (so-called server log files). The access data includes name of the retrieved web page, file, date and time of retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider. Log information is stored for security purposes (for example, to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted. Data whose further retention is required for evidential purposes shall be exempted from the cancellation until final clarification of the incident.

Google Tag Manager

Google Tag Manager is a solution that allows us to manage so-called web site tags through one interface (including, for example, Google Analytics and other Google marketing services in our online offering). The tag manager itself (which implements the tags) does not process users' personal data. With regard to the processing of users' personal data, reference is made to the following information about Google's services. Usage Policy: https://www.google.com/intl/de/tagmanager/use-policy.html.

Google Analytics

Based on our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offer within the scope of Art. 6 (1) lit. DSGVO), Google Analytics uses a web analytics service provided by Google Ireland Limited ("Google"). Google uses cookies. The information generated by the cookie about the use of the online offer by the users is usually transmitted to a Google server in the USA and stored there.

Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services related to the use of this online offer and the internet usage. In this case, pseudonymous usage profiles of the users can be created from the processed data.

We only use Google Analytics with activated IP anonymization. This means that the IP address of the users will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there.

The IP address submitted by the user's browser will not be merged with other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; users may also prevent the collection by Google of the data generated by the cookie and related to its use of the online offer and the processing of such data by Google by downloading and installing the browser plug-in available at the following link:
http://tools.google.com/dlpage/gaoptout?hl=de
For more information about Google's data usage, hiring and complaint options, please read Google's Privacy Policy
https://policies.google.com/technologies/ads and Google's Ads Settings
(https://adssettings.google.com/authenticated The personal data of users will be deleted or anonymized after 14 months.

Google AdWords and conversion measurement

We use the services of Google Ireland Limited ("Google") on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online service within the meaning of Art. 6 (1) lit. DSGVO).

We use Google's online AdWords marketing tool "AdWords" to place ads on the Google advertising network (e.g., in search results, in videos, on websites, etc.) so that they are displayed to potentially interested parties. This allows us to present ads to users that potentially match their interests. Displaying advertisements for products previously searched for on other online offers is called remarketing. For these purposes, upon access to our and other websites where the Google Advertising Network is active, Google will embed (re-)marketing tags known as "Web beacons " into the website. With their help, the user is provided with an individual cookie, i.e. a small file is saved on the user‘s local computer (instead of cookies, comparable technologies can also be used). This file contains a record of which websites the user visited, for what content he has viewed and what offers the user has clicked as well as technical information about his browser operating system, referring websites, time of day and other usage information.

Furthermore, we receive an individual "conversion cookie". The information obtained through the cookie is used by Google to generate conversion statistics for us. However, we only hear the anonymous total number of users who clicked on our ad and were redirected to a conversion tracking tag page. However, we do not receive any information that personally identifies users.

The data are processed in a pseudonymised form in the Google advertising network. That is, Google stores and processes e.g. not the name or e-mail address of the users, but processes the relevant data cookie-related within pseudonymous user profiles. From the perspective of Google, the ads are not managed and displayed to a specifically identified person, but to the cookie owner, regardless of who that cookie owner is. This does not apply if a user has explicitly allowed Google to process the data without this pseudonymization. The information collected about users is transmitted to Google and stored on Google's servers in the United States.

For more information about Google's data usage, hiring and complaint options, please read Google's Privacy Policy
https://policies.google.com/technologies/ads and Google's Ads Settings
(https://adssettings.google.com/authenticated).

Google Doubleclick

We use the Google DoubleClick online marketing process to place ads on the Google advertising network (e.g., in search results, in videos, on websites, etc.). Double Click is characterized by displaying real-time ads based on alleged user interests. This allows us to more specifically display ads for and within our online offering so that we only present ads to users that potentially match their interests. If a user e.g. Showing ads for products he's been looking for on other online offers is called remarketing. For these purposes, upon access to our and other websites where the Google Advertising Network is active, Google will embed (re-)marketing tags known as "Web beacons " into the website. With their help, the user is provided with an individual cookie, i.e. a small file is saved on the user‘s local computer (instead of cookies, comparable technologies can also be used). This file contains a record of which websites the user visited, for what content he has viewed and what offers the user has clicked as well as technical information about his browser operating system, referring websites, time of day and other usage information.

The IP address of the users is also recorded, whereby this is shortened within member states of the European Union or other parties to the Agreement on the European Economic Area and only in exceptional cases completely transferred to a Google server in the USA and shortened there. The above information may also be linked by Google with such information from other sources. If the user subsequently visits other websites, they may be shown advertisements tailored to their interests based on their potential interests based on their user profile.

For more information about Google's data usage, hiring and complaint options, please read Google's Privacy Policy https://policies.google.com/technologies/ads and Google's Ads Settings (https://adssettings.google.com/authenticated).

Integration of services and contents of third parties

Based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. DSGVO), we make use of content or services offered by third-party providers in order to provide their content and services Services, such as Include videos or fonts (collectively referred to as "content").

This always presupposes that the third-party providers of this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, visit time, and other information regarding the use of our online offer.

Google ReCaptcha

We use the function to detect bots, e.g. when entering into online forms ("ReCaptcha") of the provider Google Ireland Limited. Privacy Policy: https://www.google.com/policies/privacy/ , opt-out: https://adssettings.google.com/authenticated.