Name and contact details of the person responsible

Responsible for the processing of your personal data in the context of this contact is the

ASERVO Software GmbH
Konrad-Zuse-Platz 8
81829 Munich
Phone: +49 (0)89 7167 18240
E-Mail: info@aservo.com
Website: www.aservo.com

Contact details of the data protection officer

You can reach our data protection officer as follows:

The data protection officer of the controller is

DataCo GmbH
Nymphenburger Str. 86
80636 Munich
Munich, Germany
+49 89 7400 45840
www.dataguard.de

Rights of data subjects                

1. right to information

(Art. 15 GDPR)

If your personal data is processed, you have the right to obtain information from the controller about the personal data stored about you (Art. 15 GDPR)

2. right to rectification

(Art. 16 GDPR)

You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning you and the right to have incomplete personal data completed (Art. 16 GDPR)

3. right to cancellation

(Art. 17 and 18 GDPR)

If the legal requirements are met, you can request the immediate erasure of your personal data or restriction of processing (Art. 17 and 18 GDPR)

4. right to information

(Art. 19 GDPR)

If you have the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or  a disproportionate effort. You have the right to be informed about these recipients by the controller (right to information, Art. 19 GDPR)

5. right to data portability

(Art. 20 GDPR)

If you have consented to the data processing or a contract for data processing exists and the data processing is carried out using automated procedures, you may have a right to data portability (Art. 20 GDPR). In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this technically feasible. The freedoms and rights of other persons must not be affected by this.

6. right to object to the processing

(Art. 21 para. 1 GDPR)

You have the right to object on grounds to your particular situation, at any time to processing of personal data concerning you which based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. The controller will no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims (Art. 21 (1) GDPR)

7. right to object to direct marketing

(Art. 21 para. 2 GDPR)

If the personal data concerning you are processed for direct marketing purposes, you have the right object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct marketing (Art. 21 para. 2 GDPR). If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes. 

8. right to withdraw consent

(Art. 7 para. 3 GDPR)

You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal (Art. 7 (3) GDPR)

9. automated decisions in individual cases including profiling

(Art. 22 GDPR)

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. In this case, if the legal requirements are met, you have the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision (Art. 22 GDPR)

10. right to lodge a complaint

(Art. 77 GDPR)

Without prejudice to any other administrative or judicial remedy, you the right to lodge a complaint with a supervisory authority if you consider that the processing of personal data relating to you infringes the GDPR (Art. 77 GDPR). The supervisory authority with which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

for applicants

1. processing of your personal data  

ASERVO Software collects the following personal data from as part of the application process:

• First name and surname
• E-mail address
• Telephone / mobile phone number
• Availability
• Salary expectations
• All personal data contained in the application (CV, cover letter, references, etc.)

ASERVO Software collects personal data from applicants in the following ways:

• Direct application via the ASERVO Software careers page
• Application by e-mail sent directly to an ASERVO Software employee.
• Postal Applikation
• Linkedin instant application
• Recruitment agency
• Candidates who are contacted by ASERVO Software on LinkedIn

2. purposes of the processing and its legal basis

Your personal data will be processed for the following purposes:

• Implementation of the application procedure and decision on the establishment of the employment relationship
• Communication (telephone, e-mail, video telephony)
• Implementation of pre-contractual measures (initiation of the employment relationship)
• Inclusion of applicant data in an applicant pool
• Assertion, exercise or defense of legal claims arising from the process. 

Processing of special categories of personal data that have been made public – Art. 9 para. 2 lit e GDPR
Insofar as special categories of personal data are processed that you have obviously made public, your data will be processed in accordance with Art. 9 para. 2 lit e GDPR.

Processing for the purpose of asserting, exercising or defending legal claims or in the case of actions of the courts – Art. 6 para. 1 sentence 1 lit. f GDPR, Art. 9 para. 1 lit. f GDPR
If necessary, your data will be processed for the purpose of asserting, exercising or defending legal claims or in the event of actions by the courts pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR, Art. 9 para. 1 lit. f GDPR.

Processing on the basis of consent – Art. 6 para. 1 sentence 1 lit. a GDPR in conjunction with Art. 7 GDPR, Art. 88 para. 1 GDPR in conjunction with Art. 88 para. 1 GDPR. Art. 7 GDPR, Art. 88 para. 1 GDPR in conjunction with. Art. 26 para. 2 BDSG
If you have given your consent to data processing, your data will be processed in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR in conjunction with Art. 7 GDPR, Art. 88 Para. 1 GDPR in conjunction with Art. 88 Para. 2 BDSG. Art. 7 DS-GVO, Art. 88 para. 1 DS-GVO in conjunction with. Art. 26 para. 2 BDSG processed.

Decision on the establishment of the employment relationship Art. 6 para. 1 sentence 1 lit. b GDPR, Art. 88 para. 1 GDPR in conjunction with Section 26 para. 1 BDSG. § Section 26 para. 1 BDSG
We process your data in order to a decision on the establishment of the employment relationship. If you are hired by our company, your data will be processed for the purpose of implementing and terminating the employment relationship. Separate information about the processing of your personal data will be provided for this purpose.

Processing on the basis of legitimate interest – Art. 6 para. 1 sentence 1 lit. f GDPR
Insofar as the processing is carried out to safeguard a legitimate interest of us or a third party and your interests or fundamental rights and freedoms do not outweigh the first-mentioned interest, Art. 6 para. 1 sentence 1 lit. f GDPR serves as the legal basis for data processing. Our legitimate interest arises in particular from the following reasons:

• The proper implementation and optimization of the application process
• Assertion, exercise or defense of legal claims

Processing of special categories of personal data – Art. 9 para. 2 lit. a GDPR
If you have given your consent to the processing of special categories of personal data, such as health data, religious affiliation or nationality, your data will be processed in accordance with Art. 9 para. 2 lit. a GDPR.

3. recipients or categories of recipients of the personal data and third country transfers

As part of the processing of your personal data, we may pass on your personal data to the following recipients:

• Internally, only authorized employees are granted access to an applicant’s data via an authorization concept.
• Freelancer
• Processor

In addition, your personal data may be transferred to the following service providers based a country outside the EU/EEA:

• DocuSign, Inc., San Francisco, USA  

In order to the transfer to third countries as data protection friendly as possible, standard contractual clauses have been concluded with providers in unsafe third countries in accordance with Art. 46 para. 2 lit. c GDPR. A copy of the standard contractual clauses can be requested by sending an informal email to kontakt@aservo.com.

For communication with applicants, we use the Microsoft 365 service, including Microsoft Teams from the service provider Microsoft Operations Ltd. in Dublin, Ireland.  Further information on data processing by Microsoft can be found at: https://privacy.microsoft.com/de-de/privacystatement

4. duration of the storage of personal data

We will delete your personal data as soon as the purposes for its storage mentioned under IV. no longer apply, or you object to the use of your personal data (in the case of processing on the basis of legitimate interests) or you revoke your previously given consent. However, your personal data may also store this, in particular in the following cases:

• if contractual, legal (in particular from HGB, StGB and AO) or statutory retention periods prevent deletion.
• for the assertion, exercise or defense of legal claims.
• if this is necessary under European or national law to fulfil a legal obligation to which we are subject.

The following retention periods in particular result for us from statutory provisions:

• After decision on non-appointment: 180-day retention period for application documents (Section 15 (4) of the General Equal Treatment Act (AGG), Section 224 of the Code of Civil Procedure (ZPO)).

If the applicant has consented, the applicant documents will be included in the applicant pool and stored there for a maximum of 1 year from the date of consent. They will be deleted when the purpose no longer applies or when the withdraws their consent.

If you are employed by our company, your personal data will be deleted when the purpose no longer applies, at the latest after termination of the employment relationship, provided that there are no statutory retention periods to prevent deletion.

for customers and interested parties

1. processing of your personal data  

1.1 Your personal data that is processed by us.

We process the following personal data as part of the existing customer relationship and contract initiation:

• First name
• Surname
• Salutation
• Titles and academic degrees
• Company name
• Position in the company
• Business address
• Bank details
• Tax ID
• Customer number
• Your e-mail address,
• Your mobile phone number
• Your landline number
• Your fax number
• Assigned role within the platform and the associated authorizations.
• All personal data provided to us in the course of customer communication.
• Creditworthiness data

ASERVO Software collects data from interested persons and customers in the following ways:

• Enquiries via the contact form on the ASERVO Software website
• Enquiries by message to ASERVO Software employees, e.g. by e-mail, Linkedin Messages or other communication channels.
• Enquiries at trade fairs or other events at which data is passed on to ASERVO Software employees with the aim of establishing contact.
• Your own research on potential interested parties in business directories, contact details on websites or professional networks.
• Independent booking of an appointment by an interested person.
• Requesting personal data from the person themselves after concluding a contract with ASERVO Software or receiving personal data from an employee of the customer company. This may also affect employees of the customer company’s service providers.
• Entry of personal data of employees by an administrative employee of the customer in the data protection platform.

1.2 Purposes of data processing

Your personal data is processed for the following purposes as part of the existing customer relationship and contract initiation:

• To process your enquiry as an interested party. For this purpose, we use your contact details answer your enquiry.
• To prepare and carry out pre-contractual measures – this includes, for example, the preparation and sending of an individual offer or individual agreement and transmission of contractual terms with the aim of concluding a contract.
• To add your contact details to our customer and contact database.
• Contact (E-Mail, Telefone)
• Establishment, implementation and termination of the contractual relationship
• Customer administration and customer care – in particular the processing of customer enquiries
• To provide you with the best possible information about our products and services. This also sending (direct) advertising by e-mail or telephone.
• To provide you, our customer, with the best possible service. This includes, in particular, communicating with you by e-mail, mobile phone, landline or fax.
• To ensure smooth invoicing of the services provided. For this purpose, your personal data is processed in order to be able to issue invoices.
• To our legal obligations. This includes, for example, the transmission of your personal data to the tax office.
• For the purpose of providing information about ASERVO Software brand services.
• For the purpose of carrying out marketing initiatives such as: Sending newsletters, product updates, invitations to events and webinars.
• For the fulfilment of post-contractual measures.
• For the assertion, exercise or defense of legal claims.
• For the purpose of carrying out credit checks
• For the realization of product test phases
• To find out how satisfied you are with our products and services.

1.3 Legal basis for data processing

Processing of your personal data on the basis of consent
Insofar as we obtain your consent for the processing of your personal data, your personal data will be processed on the basis of Art. 6 para. 1 sentence 1 lit. a GDPR in conjunction with Art. 5, 7 GDPR. Art. 5, 7 GDPR.

Processing for the purpose of fulfilling the contract with you
Insofar as we process your personal data for the purpose of contract fulfilment, Art. 6 para. 1 sentence 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for the implementation of pre- and post-contractual measures.

Processing for the fulfilment of a legal obligation
Insofar as the processing of your personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 sentence 1 lit. c GDPR serves as the legal basis. Our legal obligation to process data arises, for example, from retention obligations under tax and/or commercial law.

Processing based on legitimate interest
The legal basis for the purpose of direct advertising can be Art. 6 para. 1 sentence 1 lit. f GDPR if our legitimate interests exist, unless the interests or fundamental rights and freedoms of the data, which require the protection of personal data, prevail. The legitimate interests pursued by us in this regard – in addition to the purposes listed under 1.2 – include.

• To provide you with the best possible information about our products, offers and services by means of direct marketing.
• In communication with you, in particular answer your enquiries by e-mail, telephone and/or fax.
• To be able to carry out due diligence with our potential business partner
• We carry credit checks on our potential business customers. Our legitimate interest lies in the avoidance of payment defaults.
• To obtain customer feedback to improve the customer experience, improve our products and services.

The legal basis for processing activities in connection with the assertion, exercise or defense of legal claims is also our legitimate interest pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR.

2. recipients or categories of recipients of the personal data

As part of the processing of your personal data, we may pass on your personal data to the following recipients. We only transfer your personal data to external recipients if you have given your consent or if this is permitted by law.

External recipients of your personal data are in particular.

• Freelancer
• Processor
• Potential business partners as part of a (future) due diligence review
• Authorities e.g. tax offices, courts, trade supervisory office, data protection supervisory authorities, Federal Office of Economics and Export Control (BAFA)
• Billing Partner
• Debt collection agency
• Credit institutions
• Parcel service provider
• Post
• Lawyer, tax consultant
• Auditor
• Associated companies

Your personal data will be transmitted to the following service providers:

• Albrecht, Neupert, Suter & Partner
• LinkedIn Ireland Unlimited Company, Dublin, Ireland
• Microsoft Operations Ltd. in Dublin, Ireland

ASERVO Software uses the Office 365 service, including Microsoft Teams, for business communication with customers and interested parties.

We also use functionalities of the Microsoft Bookings software from Microsoft. Microsoft Bookings allows us to simplify the appointment booking process for users on our website by displaying and booking free appointments with the relevant employees.

The following personal data is processed by Microsoft:

• Name
• First name
• E-mail address
• IP address
• Device and browser information
• A user ID assigned by Microsoft.
• Refferer URL

Further information on data processing by Microsoft can be found at: https://privacy.microsoft.com/de-de/privacystatement

In addition, your personal data may be transferred to the following service providers based in   a country outside the EU/EEA:

• Gitlab In., San Francisco, USA
• Atlassian PTY, Ltd, Sydney, Australia

In order to the transfer to third countries as data protection friendly as possible, standard contractual clauses have been concluded with providers in unsafe third countries in accordance with Art. 46 para. 2 lit. c GDPR. A copy of the standard contractual clauses can be requested by sending an informal email to kontakt@aservo.com.

3. duration of the storage of personal data

We do not store your personal data for longer than is necessary for the purpose for which it was collected. This means that data is destroyed or deleted from our systems as soon as it no longer required. We take appropriate measures to ensure that your personal data is only processed under the following conditions:

• For the duration that the data is used to provide you with a service
• As required by applicable law, contract or in light of our legal obligations
• Only for as long as necessary for the purpose for which the data was collected or longer if by contract, applicable law, using appropriate safeguards.

A requirement may exist in particular if the data is still needed to contractual services, check and grant or defend against warranty and guarantee claims. If the data is no longer required for the fulfilment of contractual or legal obligations, it is regularly deleted unless its – temporary – retention is still necessary, in particular to fulfil legal retention periods of up to ten years (e.g. from the German Commercial Code, the Fiscal Code and the Money Laundering Act). In the case of statutory retention obligations, deletion will only be considered after expiry of the respective retention obligation.

4. obligation to provide the data

For a (planned) conclusion and execution of the contract with you, you must provide the personal data that is necessary for the establishment and execution of the contractual relationship and the fulfilment of the associated contractual obligations or that we are legally obliged to collect (see in particular the standards listed under „III.3.“). This obligation also arises from the law, e.g. § 14 UstG. Without this data, we will generally not able to conclude and fulfil the contract with you.

for suppliers and service providers

1. processing of your personal data  

1.1 Your personal data that is processed by us.

ASERVO Software processes personal data from suppliers and service providers. This is necessary for business operations. The following data is processed:

• First name
• Surname
• Business address
• Company name
• Bank details
• Your e-mail address
• Your mobile phone number
• Your landline number
• Your fax number
• Titles and academic degrees
• Position in the company
• All personal data provided to us in the course of communication.

ASERVO Software collects personal data in the following ways:

• Receipt of personal data directly from the data subject through contact by suppliers / service providers
• Obtaining personal data directly from the data subject by contacting ASERVO Software
• Research in business directories or websites

1.2 Purposes of data processing

We process your data for the following purposes:

• Initiation, implementation and termination of a contractual relationship
• Carrying out orders
• Testing and optimization of procedures for needs analysis
• Consultation of and data exchange with credit agencies to determine creditworthiness and default risks
• Market and opinion research, unless you have objected to the use of this data for these purposes.
• Assertion, exercise or defense of legal claims
• Measures for business management and further development of our products  

1.3 Legal basis for data processing

Processing of your personal data on the basis of consent Insofar as we obtain your consent for the processing of your personal data, your personal data will be processed on the basis of Art. 6 para. 1 sentence 1 lit. a GDPR in conjunction with Art. 5, 7 GDPR. Art. 5, 7 GDPR.

Processing for the purpose of fulfilling the contract with you
Insofar as we process your personal data for the purpose of contract fulfilment, Art. 6 para. 1 sentence 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for the implementation of pre- and post-contractual measures.

Processing for the fulfilment of a legal obligation
Insofar as the processing of your personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 sentence 1 lit. c GDPR serves as the legal basis. Our legal obligation to process data arises, for example, from retention obligations under tax and/or commercial law.

Processing on the basis of legitimate
The legal basis for direct marketing purposes may be Art. 6 para. 1 sentence 1 lit. f GDPR if our legitimate interests exist, unless the interests or fundamental rights and freedoms of the data, which require the protection of personal data, prevail. The legitimate interests pursued by us in this regard – in addition to the purposes listed under b. – include.

• To inform you in the best possible way about our products, offers and services by means of direct marketing.
• In communication with you, in particular answer your enquiries by e-mail, telephone and/or fax.
• In order to be able to carry out due diligence with our potential business partner

The legal basis for processing activities in connection with the assertion, exercise or defense of legal claims is also our legitimate interest pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR.

2. recipients or categories of recipients of the personal data and third country transfers

As part of the processing of your personal data, we may pass on your personal data to the following recipients. We only transfer your personal data to external recipients if you have given your consent or if this is permitted by law.

External recipients of your personal data are in particular.

• Freelancer
• Processor
• Potential business partners as part of a (future) due diligence review
• Authorities e.g. tax offices, courts, trade supervisory office.
• Billing Partner
•  institutions  
•  service provider  
• Lawyer, tax consultant
• Auditor
• Associated companies

Your personal data will be transmitted to the following service providers:

• Albrecht, Neupert, Suter & Partner Landsberger Straße 392, 81241 Munich Germany

In addition, your personal data may be transferred to the following service providers based a country outside the EU/EEA:

• DocuSign, Inc., San Francisco, USA

In order to the transfer to third countries as data protection friendly as possible, standard contractual clauses have been concluded with providers in unsafe third countries in accordance with Art. 46 para. 2 lit. c GDPR. A copy of the standard contractual clauses can be requested by sending an informal email to kontakt@aservo.com.

We use the Microsoft 365 service, including Microsoft Teams from the service provider Microsoft Operations Ltd. in Dublin, Ireland, to transmit emails and store contacts from suppliers and service providers. Further information on data processing by Microsoft can be found at: https://privacy.microsoft.com/de-de/privacystatement

3. duration of the storage of personal data

We do not store your personal data for longer than is necessary for the purpose for which it was collected. This means that data is destroyed or deleted from our systems as soon as it no longer required. We appropriate measures to ensure that your personal data is only processed under the following conditions:

• As required by applicable law, contract or in light of our legal obligations
• Only for as long as necessary for the purpose for which the data was collected or longer if by contract, applicable law, using appropriate safeguards.

A requirement may exist in particular if the data is still needed to contractual services, check and grant or defend against warranty and guarantee claims. If the data is no longer required for the fulfilment of contractual or legal obligations, it is regularly deleted, unless its – temporary – retention is still necessary, in particular to fulfil legal retention periods of up to ten years (e.g. from the German Commercial Code, the German Fiscal Code and the German Money Laundering Act). In the case of statutory retention obligations, deletion will only be considered after expiry of the respective retention obligation.

4. obligation to provide the data

For a (planned) conclusion and execution of the contract with you, you must provide the personal data that is necessary for the establishment and execution of the contractual relationship and the fulfilment of the associated contractual obligations or that we are legally obliged to collect (see in particular the standards listed under „III.3.“). Without this data, we will generally not able to conclude and fulfil the contract with you.