Privacy Policy

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I. Name and address of the controller

The controller as defined in the General Data Protection Regulation (GDPR), other national data protection acts of the Member States and other provisions regarding data protection is:
DigiPara AG
Augustinusstraße 11 d
50226 Frechen, Germany
Phone: +49 (0) 2234 999 448-0
Fax: +49 (0) 2234 999 448-28
info@digipara.com
www.digipara.com
CEO: Dipl-Ing. (FH) Andreas Fleischmann
No data protection officer was appointed, as there is no obligation to appoint a data protection officer according to Art. 37(1) GDPR.

II. General information on data processing

1. Scope of processing personal data

In principle, we process the personal data of our users only if doing so is required in order to ensure that our website functions properly and to the extent necessary for our online products and services. As a rule, personal data of our users is processed only with the consent of the user, with the exception of cases in which it is not possible to obtain prior consent for factual or practical reasons and the data processing is permissible by law.

2. Legal basis for processing personal data

Art. 6(1)(a) EU General Data Protection Regulation (GDPR) serves as the legal basis in the event that we obtain the consent of the data subject for personal data processing operations.
Art. 6(1)(b) GDPR forms the legal basis in cases where processing of personal data is required for the performance of a contract, to which the data subject is a contractual party. This also applies to processing operations that are necessary to take steps prior to entering into a contract.
Art. 6(1)(c) GDPR serves as legal basis insofar as the processing of personal data is required for compliance with a legal obligation, to which our company is subject.
In the event that vital interests of the data subject or another natural person render the processing of personal data necessary, Art. 6(1)(d) GDPR becomes the legal basis.
Art. 6(1)(f) GDPR serves as legal basis for processing personal data if it is required to protect a legitimate interest of our company or a third party and if the said interest is not overridden by the interests, fundamental rights and freedoms of the data subject.

3. Data erasure and storage period

Personal data of the data subject are erased or blocked as soon as the intended purpose of saving the data ceases to apply. Personal data may remain stored if it has been stipulated by the European or national legislative authority in the EU provisions, laws or other regulations to which the controller is subject. Data are also blocked or erased in the event that the storage period stipulated by said regulations expires, unless the data need to continue to be stored for the purposes of concluding or performing a contract.

III. Our online shop

1. Description and scope of data processing

You may acquire usage rights to our software products in our online shop.
The following data are collected here:
(1) your home country
(2) your business address
(3) your phone number
(4) your email address
(5) your VAT ID
(6) payment information (credit card information, Paypal information)
(7) date and time of access
(8) your IP address

The data are stored in our system. This excludes payment information (credit card information as well as PayPal information), which we do not store. The IP address of the user, or any other data that allow allocation of the data to a specific user, are not saved. These data are not stored with other personal data of the user.

2. Legal basis for data processing

Art. 6(1)(a) GDPR forms the legal basis for the processing of data where consent of the user is available.
Additional legal basis for the processing of data is Art. 6(1)(b) GDPR.

3. Purpose of the data processing

Data must be collected for the purpose of performing the contract concluded with the user.

4. Storage period

The data are erased once collection thereof is no longer required to achieve the purpose for which such data were being collected.
With respect to data collected during the ordering process for contract performance or for steps taken prior to entering into a contract collection is no longer required if the data are no longer needed to execute the contract. It may be necessary to store the personal data of the contractual partner even after conclusion of the contract to remain in compliance with contractual or legal obligations.

5. Option of objection and removal

As a user you have the option to cancel your registration at any time. At any point of time, you may have the data stored on you rectified.
Should the data be required for performance of a contract or for taking steps prior to entering into a contract, a premature erasure of the data is only possible if no contractual or legal obligations contradict such erasure.

IV. Website availability and creation of log files

1. Description and scope of data processing

Each time you visit our website, our system automatically collects data and information on the calling computer system.
The following data are collected here:
(1) information on the browser type and version used
(2) operating system of the user
(3) Internet service provider of the user
(4) IP address of the user (anonymised)
(5) queried file
(6) HTTP status code version
(7) date and time of access
(8) websites from which the user’s system reaches our website
(9) websites that can be called by the user’s system via our website

These data are not combined with other data sources.
These data are also stored in the log files of our system. The IP address of the user, or any other data that allows allocation of the data to a specific user, are not saved. These data are not stored with other personal data of the user.

2. Legal basis for data processing

Art. 6(1)(f) GDPR forms the legal basis for the temporary storage of data.

3. Purpose of data processing

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the IP address of the user must remain stored for the duration of the session.
Our legitimate interest in data processing in accordance with Art. 6(1)(f) GDPR is also inherent in this purpose.

4. Storage period

Access log files are archived by DigiPara for 60 days and then erased.

5. Option of objection and removal

Collecting data to make the website available and the storing of data in log files is absolutely necessary for website operation. Therefore, the user does not have the option of objection.

V. Use of cookies

1. Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer. When a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a string of characters that allows the browser to be uniquely identified when the website is revisited.

a) We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser be identified even after a page break.
The following data are stored and transmitted in the cookies
(1) log-in information
(2) language settings
(3) shopping cart

b) Use of Google Analytics
(1) This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses so-called “cookies”, which are text files that are saved on your computer and allow your use of the website to be analysed. The information generated by the cookie regarding your use of this website is usually transferred to Google’s server in the USA and stored there. In the event that IP-anonymisation is activated on this website, your IP address will first be truncated by Google within Member States of the European Union or in any 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 truncated there. Google uses this information on behalf of the operator of this website to evaluate your use of the website, compile reports on the website activities and provide additional services associated with the use of the website and the Internet to the website operator.
(2) Google will not associate the IP address transferred by your browser as part of Google Analytics with any other data held by Google.
(3) You can prevent cookies from being stored on your computer by selecting the appropriate settings on your browser; however, please note that if you do this, you may not be able to make full use of all the features of this website. Furthermore, you can prevent Google from collecting the data generated by the cookie and related to the usage of the website (including your IP address) and from processing such data by downloading and installing the browser plugin which is available at: https://tools.google.com/dlpage/gaoptout?hl=en.
(4) This website uses Google Analytics with the “_anonymizeIp()” extension. It processes IP addresses further in truncated form, making it impossible to trace the IP address back to a specific person. Therefore, if the data collected on you has any reference to personal identification, it will be immediately excluded and the personal data will be promptly deleted.
(5) We use Google Analytics so that we can analyse the usage of our website and to regularly improve it. Using the statistics we obtain, we can improve our service and make it more interesting to you as a user. In exceptional cases, where personal data are transmitted to the USA, Google adheres to the requirements of the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. Art. 6(1), cl. 1 of (f) GDPR serves as the legal basis for the use of Google Analytics.
(6) Information on the third party supplier: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 1436 1001. Terms of use: https://www.google.com/analytics/terms/gb.html, overview of data protection: https://support.google.com/analytics/answer/6004245?hl=en, as well as privacy policy: https://policies.google.com/privacy.

On visiting our website, a banner notice appears informing users of the use of cookies for analytical purposes and users are referred to this privacy policy. In this context, users are also given information on how to prevent the storage of cookies by adjusting browser settings. On visiting our website, a user is informed about the use of cookies for analytical purposes and his/her consent to the processing of the personal data used in this context is obtained. A reference to this privacy policy is also provided.

2. Legal basis for data processing

Art. 6(1)(f) GDPR forms the legal basis for using technically required cookies to process personal data.
Art. 6(1)(a) GDPR forms the legal basis for using cookies to process personal data for analysis purposes where the user has granted consent.

3. Purpose of data processing

Technically required cookies are used to simplify the use of websites for the users. Some of the features of our website cannot be offered without the use of cookies. For these features, it is necessary that the browser is recognised even after a page break.
We require cookies for the following applications:
(1) log-in settings
(2) adoption of language settings
(3) remembering keywords
(4) shopping cart

User data collected by means of technically required cookies is not used to create user profiles.
Analysis cookies are used only for one purpose: to improve the quality of our website and improve its contents. Through analysis cookies we learn how the website is used and, can thus continually optimise our service.
Our legitimate interest in processing personal data in accordance with Art. 6(1)(f) GDPR is also inherent in this purpose.

4. Storage period, option of objection and removal

Cookies are stored on the user’s computer and from there transmitted to our website. This means that you as user also have complete control over the use of cookies. You can deactivate or restrict the transfer of cookies by changing the settings in your Internet browser. Already stored cookies can be erased any time. This can also happen automatically. If cookies are deactivated for our website, then it is likely that you may no longer be able to make full use of all the features of the website.

VI. Registration

1. Description and scope of data processing

On our website, we offer users the option of registering wherein they submit personal data. Upon registration, the data are entered into an input screen and then transmitted to us and stored. Such data are not shared with third parties. The following data are collected as part of the registration process:
• username and password
• personal or company address
• email address
• phone number
• job title
• information relating to the browser or the device used to access our website
• Internet browser and operating system
• IP address of the user
• date and time of registration
The user’s consent to the processing of these data are obtained as part of the registration process.

2. Legal basis for data processing

Art. 6(1)(a) GDPR forms the legal basis for the processing of data where consent of the user is available.
Art. 6(1)(b) GDPR serves as the additional legal basis where the registration is for the purpose of contract performance, to which the user is a contractual party, or for steps taken prior to entering into a contract.

3. Purpose of data processing

User registration is required for the provision of certain content and services on our website.

In addition, user registration is required for the purpose of contract performance with the user or for steps taken prior to entering into a contract. User registration is also necessary to be able to complete orders in the shop area or to send support requests.

4. Storage period

The data are erased once its collection is no longer required to achieve the purpose for which such data were being collected.

With respect to data collected during the registration process for contract performance or for steps taken prior to entering into a contract collection is no longer required if the data are no longer needed to execute the contract. It may be necessary to store the personal data of the contractual partner even after conclusion of the contract to remain in compliance with contractual or legal obligations.

5. Option of objection and removal

As a user you have the option to cancel your registration at any time. At any point in time, you may have the data stored on you rectified.

Should the data be required for performance of a contract or for taking steps prior to entering into a contract, a premature erasure of the data is only possible if no contractual or legal obligations contradict such erasure.

VII. Software Activation

1. Description and scope of data processing

If you wish to use our software, you must activate the software for use. For this, you are required to specify your email address in the software. The email address you enter is sent to us and stored. Such data are not shared with third parties. The following data are collected as part of the registration process:
• email address
• request code — this is generated automatically PC hardware and operating system
• last name, first name
• employee position in the company
• city
• country
• computer name

2. Legal basis for data processing

Art. 6(1)(b) GDPR forms the legal basis.

3. Purpose of data processing

The collection of data is necessary for use of the software provided by us and it serves the purpose of performing a contract with the user.

4. Storage period

The data are erased once collection thereof is no longer required to achieve the purpose for which such data were being collected.

With respect to data collected during the registration process for contract performance or for steps taken prior to entering into a contract collection is no longer required if the data are no longer needed to execute the contract. It may be necessary to store the personal data of the contractual partner even after conclusion of the contract to remain in compliance with contractual or legal obligations.

5. Option of objection and removal

As a user you have the option to cancel your registration at any time. At any point of time, you may have the data stored on you rectified.

Should the data be required for performing a contract or for taking steps prior to entering into a contract, a premature erasure of the data is only possible if no contractual or legal obligations contradict such erasure.

VIII. Contact form and email

1. Description and scope of data processing

A contact form is available on our website that may be used to make contact electronically. If a user makes use of this option, then the data entered in the input screen is sent to us and stored. These data include
name, email address and message text

The following data are also stored at the time the message is sent:

(1) IP address of the user
(2) date and time of the message
Your consent to the processing of the data is obtained as part of the sending procedure and reference is made to this privacy policy.
Alternatively, it is also possible to get in touch via the email address provided. In this case, the user’s personal data that were transmitted in the email are stored.
In this context, the data are not shared with third parties. The data are used exclusively for processing the conversation.

2. Legal basis for data processing

Art. 6(1)(a) GDPR forms the legal basis for the processing of data in the case where the consent of the user is available.

The legal basis for processing the data that is transmitted while sending an email is Art. 6(1)(f) GDPR. In case contact by email is made for the purpose of concluding a contract, then Art. 6(1)(b) GDPR serves as the additional legal basis.

3. Purpose of data processing

The personal data from the input screen is processed for the sole purpose of facilitating communication. If contact is made by email, a necessary legitimate interest in the processing of the data also applies here.
Other personal data processed during the sending procedure help to prevent misuse of the contact form and ensure the safety of our IT systems.

4. Storage period

The data are erased once collection thereof is no longer required to achieve the purpose for which such data were being collected. With respect to personal data from the input screen of the contact form and such that was transmitted to us by email, this is the case once the conversation with the user has ended. The conversation is deemed to have ended when it can be inferred from the circumstances that the relevant facts have been conclusively clarified.

Any additional personal data collected during the sending procedure is erased no later than after a period of seven days.

5. Option of objection and removal

The user has the option at all times to withdraw his/her consent to the processing of the personal data. If the user contacts us via email, he or she may object to the storage of their personal data at any time. In such a case, the conversation may not be pursued further.
The objection is to be sent to the following email address: info@digipara.com.
All personal data stored in the course of the communication is erased in this case.

IX. Plugins and tools

1. Google Web Fonts

For a standardised display of fonts, this website uses so-called web fonts provided by Google. When you visit a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly.
To do this, the browser used by you must connect to the Google servers. As a result, Google becomes aware that our website is being accessed by your IP address. Use of Google Web Fonts serves the purpose of ensuring consistent and attractive presentation of our online services. This constitutes a legitimate interest in terms of Art. 6(1)(f) GDPR. If your browser does not support web fonts, your computer will use a default font. More information on Google Web Fonts is available at https://developers.google.com/fonts/faq and in Google’s privacy policy: https://www.google.com/policies/privacy/.

2. Google Maps

This website uses the Google Maps service via an API. The provider is Google Inc., 1600 Amphitheatre, Parkway, Mountain View, CA 94043, USA.
Your IP address must be stored in order for the Google Maps features to function properly. This information is usually transferred to a Google server in the USA and stored there. The provider of this website has no influence on this data transfer.
Use of Google Maps serves the purpose of ensuring an attractive presentation of our online services and helping users easily locate the places indicated by us on the website. This constitutes a legitimate interest in terms of Art. 6(1)(f) GDPR. For more information on the handling of user data, please refer to Google’s privacy policy: https://policies.google.com/privacy.

X. Rights of the data subject

If your personal data are processed, then you are referred to as the data subject as defined in GDPR and are entitled to the following rights vis-à-vis the controller:

1. Right of access

You have the right to obtain a confirmation from the controller as to whether personal data concerning you is being processed by us.
If so, you may ask the controller to provide the following information:
(1) the purpose for which the personal data are being processed;
(2) the categories of the personal data being processed;
(3) the recipients or the categories of recipients to whom the personal data concerning you has been disclosed or will be disclosed;
(4) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;
(5) the existence of a right to rectify or erase the personal data concerning you, a right to restrict the processing by the controller or a right to object to such processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) all available information on the source of the data where the personal data are not collected from the data subject;
(8) the existence of an automated decision-making process, including profiling, pursuant to Art. 22(1) and (4) GDPR and – at least in these cases – conclusive information on the logic involved, as well as the importance and intended consequences of such processing for the data subject.
You are entitled to request information as to whether the personal data concerning you are transmitted to a third country or an international organisation. In this regard, you may also ask to be informed about the appropriate safeguards according to Art. 46 GDPR relating to such transmission.

2. Right to rectification

If the processed personal data concerning you are incorrect or incomplete, you have the right to demand rectification and/or completion of the data from the controller. The controller is obliged to perform such rectification without undue delay.

3. Right to restriction of processing

You are entitled to ask for a restriction of processing of your personal data under the following conditions:
(1) if you are contesting the accuracy of your personal data for a period of time that enables the controller to verify the accuracy of the personal data;
(2) if the processing is unlawful and you refuse the erasure of the personal data and instead request restriction of use of the personal data;
(3) the controller no longer needs the personal data for processing, yet you require said data for the establishment, exercising or defence of legal claims; or
(4) if you have objected to the processing of your data pursuant to Art. 21(1) GDPR and it is not yet certain whether the legitimate reasons of the controller override your reasons.
If the processing of your personal data has been restricted, then these data – except for its storage – may be processed only with your consent or for the establishment, exercising or defence of legal claims or to protect the rights of another natural person or legal entity or for reasons of important public interest of the Union or of a Member State.
If the restriction on processing is effected in accordance with the above-mentioned conditions, you will be informed by the controller before this restriction is removed.

4. Right to erasure

a) Obligation to erase
You may ask the controller to erase your personal data without undue delay; the controller is obliged to erase such data without undue delay, provided one of the following reasons applies:
(1) your personal data are no longer required for the purposes for which they were collected or otherwise processed;
(2) you withdraw your consent, which formed the basis for the processing according to Art. 6(1)(a) or Art. 9(2)(a) GDPR, and there is no other legal basis for the processing;
(3) you object to the processing in accordance with Art. 21(1) GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing according to Art. 21(2) GDPR;
(4) your personal data has been processed unlawfully;
(5) the personal data must be erased for compliance with a statutory obligation as per the EU law or the law of the Member States to which the controller is subject;
(6) your personal data was collected in connection with the offered services of the information society pursuant to Art. 8(1) GDPR.
b) Information to third parties
If the controller has made your personal data public and is obliged to erase it in accordance with Art. 17(1) GDPR, then the controller, taking account of the available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform the controllers processing the personal data that you as data subject have requested the erasure by such controllers of all links to, or copy or replication of, this personal data.
c) Exceptions
The right to erasure does not exist if the processing is required
(1) to exercise the right to freedom of expression and information;
(2) to comply with a statutory obligation that requires processing according to the EU laws or the laws of the Member States to which the controller is subject, or to perform a task in the public interest or as part of exercising official authority vested in the controller;
(3) for reasons of public interest relating to public health pursuant to Art. 9(2)(h) and (2)(i) as well as Art. 9(3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89(1) GDPR, provided the right specified in paragraph a) is likely to render the achievement of the objectives of this processing impossible or will seriously impair it; or
(5) to assert, exercise or defend legal claims.

5. Right to notification

If you have asserted the right to rectification, deletion or restriction of processing vis-à-vis the controller, then the controller is obliged to inform all recipients, to whom your personal data has been disclosed, about this rectification or deletion of data or the restriction on processing, unless this proves impossible or involves disproportionate effort.
You are entitled to request information from the controller about these recipients.

6. Right to data portability

You are entitled to receive your personal data, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to forward these data to another controller without any hindrance from the controller to whom the personal data had been provided, if
(1) the processing is based on 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
(2) the processing is done using automated processes.
In exercising this right you are further entitled to have your personal data transmitted directly from one controller to another, as long as it is technically feasible. This may not negatively affect the rights and freedoms of any other person.
The right to data portability does not apply to the processing of personal data required for performing a task in the public interest or as part of exercising public authority vested in the controller.

7. Right to object

You are entitled to object at any point in time to the processing of your personal data on the basis of Art. 6(1)(e) or (1)(f) GDPR on grounds relating to your particular situation; this also applies to profiling based on these provisions.
The controller shall no longer process your personal data, unless the controller can demonstrate compelling legitimate grounds for processing, which override your interests, rights and freedoms, or unless the processing is for the establishment, exercising or defence of legal claims
If your personal data are being processed for direct advertising, then you have the right to object at any point in time to the processing of personal data concerning you for such advertising purposes; this also applies to profiling, provided it is related to such direct advertising.
If you object to the processing for purposes of direct advertising, your personal data will no longer be processed for such purposes.
Regardless of the Directive 2002/58/EC, you have the option, in the context of the use of information society services, of exercising your right to object through automated procedures using technical specifications.

8. Right to withdraw consent declaration under data protection law

You have the right to withdraw your consent declaration under data protection law at any time. The withdrawal of consent does not affect the legality of the processing on the basis of consent until the time of its withdrawal.

9. Automated decision-making on a case-by-case basis, including profiling

You have the right not to be subjected to a decision exclusively based on automated processing – including profiling – that has a legal effect on you or that severely affects you in a similar way. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the controller;
(2) is permissible based on legal provisions of the EU or the Member States to which the controller is subject and these legal provisions contain appropriate measures to safeguard your rights and freedoms as well as your legitimate interests; or
(3) is taken with your explicit consent.
However, these decisions may not be based on special categories of personal data as per Art. 9(1) GDPR, provided Art. 9(2)(a) or (2)(g) GDPR does not apply and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
In the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard the rights and freedoms as well as your legitimate interests, such that there exists at least the right to obtain human intervention on part of the controller, to present a personal point of view and to contest the decision.

10. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you are entitled to lodge a complaint with a supervisory authority – in particular in the Member State of your residence, your place of work or the place of the alleged violation – if you are of the view that the processing of your personal data is in violation of GDPR.
The supervisory authority, with whom the complaint has been lodged, shall inform the complainant on the progress and the outcome of the complaint, including the possibility of legal remedy pursuant to Art. 78 GDPR.