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Data protection information

 

I. Identity and contact details of the data controller 

The data controller responsible in accordance with the purposes of the General Data Protection Regulation (GDPR) and other data protection regulations is:

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

II. Contact details of the data protection officer

You can reach our data protection officer as follows:
DataCo GmbH
Nymphenburger Str. 86
80636 München
Deutschland
+49 89 7400 45840
www.dataguard.de

III. General information on data processing

1. Scope of processing personal data

In general, we only process the personal data of our users to the extent necessary in order to provide a functioning platform with our content and services. The processing of personal data regularly only takes place with the consent of the user. Exceptions include cases where prior consent technically cannot be obtained and where the processing of the data is permitted by law.

2. Legal basis for data processing

Art. 6 (1) (a) GDPR serves as the legal basis to obtain the consent of the data subject for the processing of their data.

As for the processing of personal data required for the performance of a contract of which the data subject is party, Art. 6 (1) (b) GDPR serves as the legal basis. This also applies to processing operations required to carry out pre-contractual activities.

When it is necessary to process personal data in order to fulfil a legal obligation to which our company is subject, Art. 6 (1) (c) GDPR serves as the legal basis.

If vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.

If the processing of data is necessary to safeguard the legitimate interests of our company or that of a third party, and the fundamental rights and freedoms of the data subject do not outweigh the interest of the former, Art. 6 (1) (f) GDPR will serve as the legal basis for the processing of data.

3. Data removal and storage duration

The personal data of the data subject will be erased or restricted as soon as the purpose of its storage has been accomplished. Additional storage may occur if it was provided for by the European or national legislator within the EU regulations, law, or other relevant regulations to which the data controller is subject. Restriction or erasure of the data also takes place when the storage period stipulated by the aforementioned standards expires, unless there is a need to prolong the storage of the data for the purpose of concluding or fulfilling the respective contract.

IV. Rights of the data subject

When your personal data is processed, you are subsequently a data subject in the sense of the GDPR and have the following rights:

1. Right to information of the data subject

(Art. 15 GDPR)

You may request from the data controller to confirm whether your personal data is processed by them.

If such processing is the case, you can request the following information from the data controller:

  • The purpose for which the personal data is processed;
  • The categories of personal data being processed;
  • The recipients or categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed, especially in the case of recipients in third countries or international organizations;
  • The planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
  • The existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the data controller or a right to object to such processing;
  • The existence of a right of appeal to a supervisory authority;
  • All available information on the source of the data if the personal data is not collected from the data subject;
  • The existence of automated decision-making including profiling under Art. 22 (1) and (4) GDPR and, in certain cases, meaningful information about the data processing system involved, and the scope and intended result of such processing on the data subject.

You have the right to request information on whether your personal data will be transmitted to a third country or an international organisation. In this context, you can then request for the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.

The data controller will provide you with a copy of the personal data that is the subject of the processing. Freedoms and rights of other persons shall not be affected. For any additional copies you request, the data controller may charge a reasonable fee based on administrative costs. If you make the request electronically, the information must be provided in a common electronic format unless you specify otherwise.

2. Right to rectification

(Art. 16 GDPR)

You have the right to obtain from the controller the rectification without delay of inaccurate personal data concerning you and the right to obtain the completion of incomplete personal data.

3. Right to erasure (“right to be forgotten”)

(Art. 17 GDPR)

a) Obligation to erase

If you request from the data controller to delete your personal data with immediate effect, they are required to do so immediately given that one of the following applies:

  • Personal data concerning you is no longer necessary for the purposes for which they were collected or processed.
  • You revoke your consent, to which the processing is allowed pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR and there is no other legal basis for processing the data
  • According to Art. 21 (1) GDPR you object to the processing of the data given that the processing of the data is justified by a legitimate interest, or you object pursuant to Art. 21 (2) GDPR.
  • Your personal data has been processed unlawfully.
  • The act of deleting your personal data will invoke a legal obligation under the Union law or the law of the Member States to which the data controller is subject.
  • Your personal data was collected in relation to information business services offered pursuant to Art. 8 (1) GDPR.

b) Information to third parties

If the data controller has made your personal data public and has to delete the data pursuant to Art. 17 (1) GDPR, they shall take appropriate measures, including technical means, to inform data processors who process the personal data, that a request has been made to delete all links to such personal data or copies or replications of the personal data, taking into account available technology and implementation costs to execute the process.

c) Exceptions

The right to deletion does not exist if the processing is necessary

  • to exercise the right to freedom of speech and information;
  • to fulfill a legal obligation required by the law of the Union or of the Member States to which the representative is subject, or to perform a task of public interest or in the exercise of public authority delegated to the representative;
  • for reasons of public interest in the field of public health pursuant to Art. 9 (2) (h) and (i) and Art. 9 (3) GDPR;
  • for archival purposes of public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
  • to enforce, exercise or defend legal claims.

4. Right to the restriction of processing

(Art. 18 GDPR)

You may request the restriction of the processing of your personal data under the following conditions:

  • If you challenge the correctness of your personal data for a period of time that enables the data controller to verify the accuracy of your personal data;
  • The processing is unlawful, and you refuse the erasure of the personal data and instead demand the restriction of the use of the personal data;
  • The representative no longer needs the personal data for the purpose of processing, but you need it to assert, exercise or defend legal claims; or
  • If you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate reasons of the data controller outweigh your reasons.

If the processing of personal data concerning you has been restricted, this data may with the exception of data storage only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest, interest to the Union, or a Member State.

If the processing has been restricted according to the beforementioned conditions, you will be informed by the data controller before the restriction is lifted.

5. Right to information

(Art. 19 GDPR)

If you have the right of rectification, erasure or restriction of processing over the data controller, they are obliged to notify all recipients to whom your personal data have been disclosed of the correction or erasure of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort.

You reserve the right to be informed about the recipients of your data by the data controller.

6. Right to data portability

(Art. 20 GDPR)

You have the right to receive your personal data given to the data controller in a structured, standard and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by the data controller who was initially given the data, given that the processing is based on a consent in accordance with Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or on a contract in accordance with Art. 6 (1) (b) GDPR and the processing is done by automated means

In exercising this right, you also have the right to maintain that your personal data relating to you are transmitted directly from one person to another, insofar as this is technically feasible. Freedoms and rights of other persons shall not be affected.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the data controller.

7. Right to object

(Art. 21 GDPR)

Subjective to your situation, you have, at any time, the right to object against the processing of your personal data pursuant to Art. 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions.

The data controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims.

If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data in regard to such advertising; this also applies to profiling insofar as it is associated with direct mail.

If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purpose.

You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.

You also have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes pursuant to Art. 89(1) GDPR, unless the processing is necessary for the performance of a task carried out in the public interest.

8. Right to revoke the data protection consent declaration

(Art. 7 (3) GDPR)

You have the right to withdraw your consent at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.

9. Automated individual decision-making, including profiling

(Art. 22 GDPR)

You have the right not to subject to a decision based solely on automated processing including profiling that will have legal effect or affect you in a similar manner. This does not apply if the decision

  1. is required for the conclusion or execution of a contract between you and the data controller,
  2. is permitted by the Union or Member State legislation to which the data controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or
  3. with your expressed consent.

However, these decisions must not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) (a) or (g) GDPR applies and reasonable measures have been taken to protect the rights and freedoms as well as your legitimate interests.

With regard to the cases referred to in (a) and (c), the data controller shall take appropriate measures to uphold your rights and freedoms as well as your legitimate interests, including the right to obtain assistance from the data controller or their representative, to express your opinion on the matter, and to contest the decision.

10. Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, if you believe that the processing of the personal data concerning you violates the GDPR.

The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

11. Possibility of obtaining a copy of appropriate guarantees in the context of third country transfers

In case of transfer of your personal data to a recipient in a third country or to an international organization, you have the possibility to obtain a copy of the appropriate safeguards pursuant to Article 46 or Article 47 or Article 49 (1) (2) GDPR from us by sending an informal email to kontakt@aservo.com.

V. Provision of platform and creation of log files

1. Description and scope of data processing

Personal data of employees of the companies with which a contractual relationship exists is processed on the ASERVO Software platform. The personal data used in the platform is used exclusively for the contractually owed provision of data protection-as-a-service or information security-as-a-service.

In particular, the following personal data are processed:

  • Salutation
  • Title
  • Surname
  • First name
  • E-mail address
  • Login-password
  • Telephone number
  • Role in the company
  • CC Person (employee who is to be the recipient of general e-mails)
  • Main user

Users can create accounts on the platform and enter their data there themselves. However, the source of the information of the personal data in the sense of Art. 14 (2) (f) GDPR can also be the user’s employer, who creates the user account for the user or forwards the required data to ASERVO Software GmbH for the creation of a user account.

In addition, our system automatically collects data and information from the computer system of the calling computer each time our platform is called up.

The following data is collected:

  • Browser type and version used
  • DThe user’s operating system
  • The user’s internet service provider
  • The IP address of the user
  • Date and time of access
  • Web pages from which the user’s system accessed our platform
  • Web pages accessed by the user’s system through our platform

This data is stored in the log files of our system. This data is not stored together with other personal data of the user.

2. Purpose of data processing

The purpose of the processing of personal data presented is the provision of a functioning platform as well as the necessity of the processing for the provision of contractually owed services.

The temporary storage of the IP address by the system is necessary to enable delivery of the platform to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.

The storage in log files is done to ensure the functionality of the platform. In addition, we use the data to optimise the platform and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

3. Legal basis for data processing

The legal basis for processing the above personal data is Art 6 (1) (b) GDPR, as the processing is necessary for the fulfilment of contractual relationships.

The legal basis for the temporary storage of log files is Art. 6 (1) (f) GDPR. Our legitimate interest here lies in the data processing purposes mentioned under 2.

4. Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected.

Your personal data that we process for the provision of our platform and services will be deleted after termination of the contract, unless they must be preserved due to legal retention periods.

In the case of the collection of log files for the provision of the platform, this is the case when the respective session has ended.

In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated so that an assignment of the calling client is no longer possible.

5. Objection and removal

The collection of data for the provision of the platform and the storage of the data in log files is absolutely necessary for the operation of the platform. The user can object to this. Whether the objection is successful is to be determined within the framework of a balancing of interests. Other objections to the described processing procedures can be made at any time by sending an informal e-mail to: kontakt@aservo.com.

VI. Hosting

Our platform is hosted by 

DomainFactory GmbH
c/o WeWork
Neuturmstrasse 5
80331 München
Germany

The server automatically collect and store information in so-called server log files, which your browser automatically transmits when you visit the platform. The information stored is:

  • Browser type and browser version
  • Operating system used
  • Referrer URL
  • Host name of the accessing computer
  • Date and time of the server request
  • IP address

This data is not merged with other data sources. The collection of this data is based on Art. 6 (1) (f) GDPR. The platform operator has a legitimate interest in the technically error-free presentation and optimisation of its platform – for this purpose, the server log files must be collected.

The server of the platform is geographically located in Europe. 

VII. Usage of Cookies

1. Description and scope of data processing

Our platform uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user’s computer system. When a user calls up a platform, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the platform is called up again.

We use cookies to make our platform more user-friendly. Some elements of our platform require the calling browser to be identified even after a page break.

The following data is stored and transmitted in the cookies:

  • Log-in information
  • language settings
  • Further information that is required for the provision of the platform

The user data collected in this way is pseudonymised by technical precautions. The data is not stored together with other personal data of the users.

We also use cookies on our platform, which enable us to analyse the browsing behaviour of our users. As a result, the following data will be transmitted:

  • User behaviour on our platform
  • Further information used for marketing purposes

2. Purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of platform for users. Some functions of our platform cannot be offered without the use of cookies. For these, it is necessary that the browser is recognised even after a page change.

The user data collected through technically necessary cookies are not used to create user profiles.

The analysis cookies are used for the purpose of improving the quality of our platform and its content. Through the analysis cookies, we learn how our platform is used and thus can constantly optimize our offer.

3. Legal basis for data processing

The legal basis for the processing of personal data using non-technical cookies is § 25 (1) TTDSG in conjunction with Art. 6 (1) (a) GDPR.

The legal basis for the processing of personal data using technically necessary cookies is § 25 (2) TTDSG in conjunction with Art. 6 (1) (f) GDPR. Our legitimate interest here lies in the purposes of data processing stated under 2.

4. Duration of storage, possibility of objection and elimination

Cookies are stored on the user’s computer and transmitted to our site by the user. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our platform, it may no longer be possible to fully use all functions of the platform.

VIII. Contact via E-Mail

1. Description and scope of data processing

On our platform, it is possible to contact us via the e-mail address provided. In this case, the user’s personal data transmitted with the e-mail will be stored.

The data is used exclusively for processing the conversation.

2. Purpose of the data processing

The processing of the personal data from the e-mail serves us solely to process the contact.

3. Legal basis for data processing

The legal basis for the processing of data transmitted while sending an e-mail is Art. 6 (1) (f) GDPR. If the e-mail contact is aimed at the conclusion or implementation of a contract, the additional legal basis for the processing is Art. 6 (1) (b) GDPR.

4. Duration of storage

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is deemed to have ended when it is clear from the circumstances that the matter in question has been conclusively clarified.

5. Possibility of objection and removal

If the user contacts us by e-mail, he can object to the storage of his personal data at any time by sending an e-mail to kontakt@aservo.com . In such a case, the conversation cannot be continued.

In this case, all personal data stored in the course of establishing contact will be deleted.

Reach us

ASERVO Software GmbH 

Konrad-Zuse-Platz 8

81829 München Germany

Tel: +49 89 7167182 – 40

Fax: +49 89 7167182 – 55

E-Mail: Kontakt@aservo.com

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