Systeme und Informatikanwendungen Nikisch GmbH
Am Hallacker 48
Phone: (+49) 0421 - 4 09 66 - 0
Managing directors: Gabriele Nikisch, Sergius Siczek
Data protection officer: Dieter Nikisch
TYPES OF DATA PROCESSED:
o Stand data (e.g., names, addresses)
o Contact details (e.g., e-mail, telephone numbers)
o Content data (e.g., text input, photographs, videos)
o Usage data (e.g., websites visited, interest in content, access times)
o Meta/communication data (e.g., device information, IP addresses)
CATEGORIES OF PERSONS AFFECTED
Visitors and users of the online offer (In the following we will refer to the persons concerned collectively as "users")
PURPOSE OF PROCESSING
o Provision of the online offer, its functions and content
o Response to contact requests and communicate with users
o Security measures
o Range measurement/Marketing
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter "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 (e.g. a cookie) or to one or more specific characteristics that are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
"processing" means any operation carried out with or without the aid of automated procedures, or set of operations, involving personal data. The term is broad and covers practically every handling of data.
controller" 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.
In accordance with Art. 13 DSGVO we inform you about the legal basis of our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing in order to fulfil our services and carry out contractual measures as well as answer inquiries is Art. 6 para. 1 lit. b DSGVO, the legal basis for processing in order to fulfil our legal obligations is Art. 6 para. 1 lit. c DSGVO, and the legal basis for processing in order to safeguard our legitimate interests is Art. 6 para. 1 lit. f DSGVO. In the event that vital interests of the data subject or another natural person necessitate the processing of personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.
COOPERATION WITH CONTRACT PROCESSORS AND THIRD PARTIES
Insofar as we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transmit them to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as payment service providers, pursuant to Art. 6 para. 1 lit. b DSGVO is necessary for the performance of the contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties with the processing of data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 DSGVO.
TRANSMISSIONS TO THIRD COUNTRIES
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third party services or disclosure or transfer of data to third parties, this will only occur if it occurs to fulfil our (pre)contractual obligations, on the basis of your consent, a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 ff. of the German Data Protection Act are met. DSGVO process. I.e. the processing takes place e.g. on the basis of special guarantees, like the officially recognized statement of a data protection level corresponding to the EU (e.g. for the USA by the "Privacy Shield") or observance of officially recognized special contractual obligations (so-called "standard contract clauses").
RIGHTS OF PERSONS AFFECTED
You have the right to request confirmation as to whether the data in question will be processed and to obtain information about this data and further information and a copy of the data in accordance with Art. 15 DSGVO.
You have the right to do so. Pursuant to Art. 16 DSGVO, you have the right to request the completion of data concerning you or the correction of incorrect data concerning you.
Pursuant to Art. 17 DSGVO, you have the right to demand that the relevant data be deleted immediately or, alternatively, to demand a restriction on the processing of the data pursuant to Art. 18 DSGVO.
You have the right to demand that we receive the data concerning you that you have provided to us in accordance with Art. 20 DSGVO and to demand that it be transferred to other responsible parties.
Pursuant to Art. 77 DSGVO, they also have the right to file a complaint with the competent supervisory authority.
You have the right to revoke consents granted in accordance with Art. 7 para. 3 DSGVO with effect for the future.
RIGHT OF APPEAL
You may object at any time to the future processing of the data concerning you in accordance with Art. 21 DSGVO. The objection can be made in particular against the processing for purposes of direct marketing.
COOKIES AND RIGHT OF OBJECTION FOR DIRECT MAIL
"Cookies" are small files that are stored on the user's computer. Different data can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after the user's visit to an online service. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. The content of a shopping basket in an online shop or a login jam, for example, can be stored in such a cookie. Cookies are referred to as "permanent" or "persistent" and remain stored even after the browser has been closed. For example, the login status can be saved if users visit it after several days. The interests of the users can also be stored in such a cookie, which are used for range measurement or marketing purposes. Third party cookies" are cookies that are offered by providers other than the person responsible for operating the online service (otherwise, if they are only the latter's cookies, they are referred to as "first party cookies").
If users do not wish cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
DELETION OF DATA
The data processed by us will be deleted in accordance with Art. 17 and 18 DSGVO or their processing will be restricted. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and there are no legal obligations to retain them. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax reasons.
According to legal requirements in Germany, the storage is carried out in particular for 6 years in accordance with § 257 Para. 1 HGB (German Commercial Code) (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting records, etc.) and for 10 years in accordance with § 147 Para. 1 AO (German Tax Code) (books, records, management reports, accounting records, commercial and business letters, documents relevant for taxation, etc.).
According to legal requirements in Austria, the storage is carried out in particular for 7 years in accordance with § 132 (1) BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, list of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services which are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
BUSINESS RELATED PROCESSING
Additionally we process:
o Contract data (for example, contract object, term, customer category)
o Payment data (for example, bank details, payment history)
by our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services as well as technical maintenance services which we use for the purpose of operating this online service.
Here we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors to this online service on the basis of our legitimate interests in the efficient and secure provision of this online service in accordance with Art. 6 Para. 1 lit. f DSGVO in conjunction with Art. 28 DSGVO (conclusion of order processing contract).
RENDERING OF CONTRACTUAL SERVICES
We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services pursuant to Art. 6 Para. 1 lit b. DSGVO. The entries marked as mandatory in online forms are required for the conclusion of the contract.
Within the scope of using our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. These data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation pursuant to Art. 6 para. 1 lit. c DSGVO.
We process usage data (e.g., the websites visited on our website, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile in order to show the user, e.g. product information based on the services they have previously used.
The deletion of the data takes place after the expiry of statutory warranty and comparable obligations, the necessity of data storage is reviewed every three years; in the case of statutory archiving obligations, the deletion takes place after their expiry. Information in any customer account remains until its deletion.
users can optionally create a user account. During the registration process, the necessary mandatory information will be provided to the users. The data entered during registration will be used for the purposes of using the offer. Users can be informed by e-mail about information relevant to the offer or registration, such as changes in the scope of the offer or technical circumstances. If users have terminated their user account, their data will be deleted with regard to the user account, subject to its retention for commercial or tax reasons in accordance with Art. 6 para. 1 lit. c DSGVO is necessary. It is the responsibility of the users to secure their data before the end of the contract in the event of termination. We are entitled to irretrievably delete all user data stored during the term of the contract.
Within the scope of using our registration functions and the use of the user account, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. This data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so pursuant to Art. 6 Para. 1 lit. c DSGVO. The IP addresses will be anonymized or deleted after 7 days at the latest.
When contacting us (e.g. by contact form, e-mail, telephone or via social media), the user's details are processed for the purpose of processing the contact enquiry and processing it in accordance with Art. 6 Para. 1 lit. b) DSGVO. The user data can be stored in a customer relationship management system ("CRM system") or comparable inquiry organization.
We delete the requests if they are no longer necessary. We check the necessity every two years; furthermore, the legal archiving obligations apply.
COMMENTS AND POSTS
If users leave comments or other contributions, their IP addresses will be stored for 7 days on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. of the DSGVO. DSGVO for 7 days. This is done for our security if someone leaves illegal contents (insults, forbidden political propaganda, etc.) in comments and contributions. In this case, we can be prosecuted ourselves for the comment or contribution and are therefore interested in the identity of the author.
With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures and your rights of objection. By subscribing to our newsletter, you declare your agreement with the receipt and the described procedures.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter "newsletter") only with the consent of the recipient or a legal permission. If the contents of the newsletter are specifically described within the scope of registration, they are decisive for the consent of the user. In addition, our newsletters contain information about our services and us.
Double-Opt-In and logging: The registration to our newsletter takes place in a so-called Double-Opt-In procedure. I.e. after registration you will receive an e-mail in which you will be asked to confirm your registration. This confirmation is necessary so that nobody can register with external e-mail addresses. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time, as well as the IP address. Likewise the changes of your data stored with the Versanddienstleister are logged.
Registration data: To register for the newsletter, it is sufficient to enter your e-mail address. Optionally we ask you to enter a name in the newsletter in order to address you personally.
Germany: The dispatch of the newsletter and the performance measurement associated with it is based on the consent of the recipients pursuant to Art. 6 para. 1 lit. a, Art. 7 DSGVO in conjunction with § 7 para. 2 no. 3 UWG or on legal permission pursuant to § 7 para. 3 UWG.
The registration procedure is recorded on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f DSGVO. Our interest is directed towards the use of a user-friendly and secure newsletter system that serves our business interests as well as the expectations of the users and furthermore allows us to provide evidence of consent.
Cancellation/revocation - You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We may store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before deleting them for the purposes of sending the newsletter in order to be able to prove that we have previously given our consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual deletion request is possible at any time, provided that the former existence of a consent is confirmed at the same time.
NEWSLETTER - PERFORMANCE MEASUREMENT
The newsletters contain a so-called "web-beacon", i.e. a file the size of a pixel, which is retrieved from our server when the newsletter is opened, or from the server of a dispatch service provider if we use one. In the course of this retrieval, technical information such as information about the browser and your system, as well as your IP address and time of retrieval are first collected.
This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behaviour based on their retrieval points (which can be determined with the help of the IP address) or access times. Statistical surveys also include determining whether newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. It is, however, neither our endeavour nor, if used, that of the mail-order service provider to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
Google is certified under the Privacy Shield Agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our online services by users, to compile reports on the activities within this online service and to provide us with other services associated with the use of this online service and the Internet. Pseudonymous user profiles of the users can be created from the processed data.
We use Google Analytics only with IP anonymization enabled. This means that the IP address of the user is 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 is the full IP address transmitted to a Google server in the USA and shortened there.
You can prevent the collection by Google Analytics by clicking on the following link. An Opt-Out-Cookie is set, which prevents the future collection of your data when visiting this website:
Disable Google Analytics
Further information on the use of data by Google, setting and objection possibilities can be found on the web pages of Google: https://www.google.com/intl/de/policies/privacy/partners ("Use of data by Google when using websites or apps of our partners"), https://www.google.com/policies/technologies/ads ("Use of data for advertising purposes"), https://www.google.de/settings/ads ("Manage information Google uses to display advertisements").
(DSGVO) the marketing and remarketing services ("Google Marketing Services") of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ("Google").
Google is certified under the Privacy Shield Agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000001L5AAI&status=Active).
Google marketing services allow us to display advertisements for and on our website in a more targeted manner in order to present users only with ads that potentially match their interests. For example, if a user sees ads for products that interest him or her on other websites, this is referred to as "remarketing. For these purposes, when you visit our and other websites on which Google marketing services are active, Google executes a code directly from Google and (re)marketing tags (invisible graphics or code, also known as "web beacons") are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user's device (comparable technologies can also be used instead of cookies). Cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com and googleadservices.com. In this file it is noted which websites the user visits, which contents he is interested in and which offers he has clicked, furthermore technical information about the browser and operating system, referring websites, visiting time as well as further information about the use of the online offer. The IP address of the user is also recorded, whereby we inform within the scope of Google Analytics that the IP address within member states of the European Union or in other contracting states of the Agreement on the European Economic Area is shortened and only in exceptional cases completely transferred to a Google server in the USA and shortened there. The IP address is not merged with the user's data within other Google offers. Google may also combine the above-mentioned information with such information from other sources. If the user subsequently visits other websites, the ads tailored to the user's interests may be displayed.
User data is processed pseudonymously within the framework of Google marketing services. This means, for example, that Google does not store and process the name or e-mail address of the user, but processes the relevant data cookie-related within pseudonymous user profiles. This means that, from Google's point of view, the ads are not administered and displayed for a specifically identified person, but for the cookie holder, regardless of who this cookie holder is. This does not apply if a user has expressly permitted Google to process the data without this pseudonymisation. The information collected about users by Google Marketing Services is transmitted to Google and stored on Google's servers in the United States.
One of the Google marketing services we use is the online advertising program "Google AdWords". In the case of Google AdWords, each AdWords customer receives a different "conversion cookie". Cookies cannot therefore be traced via the websites of AdWords customers. The information collected through the cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. AdWords customers will know the total number of users who clicked on their ad and were directed to a page tagged with a conversion tracking tag. However, they will not receive any information that personally identifies users.
We may also use the Google Tag Manager to integrate and manage the Google analytics and marketing services on our website.
If you wish to object to interest-related advertising by Google marketing services, you can use the setting and opt-out options provided by Google: https://www.google.com/ads/preferences.
INTEGRATION OF THIRD-PARTY SERVICES AND CONTENT
Within our online offer, we use content or service offers of third parties on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. of the DSGVO). DSGVO) content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as "content").
This always presupposes that the third-party providers of this content perceive the IP address of the user, since they would not be able to send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We make every effort to use only those contents whose respective providers only use the IP address to deliver the contents. Third party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. 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 contain, among other things, technical information about the browser and operating system, referring web pages, visit times and other information about the use of our online service, as well as may be linked to such information from other sources.