PRIVACY POLICY

Safe handling of your data is particularly important to us, the esc Ingenieurgesellschaft für Softwareentwicklung mbH
(hereinafter: “esc mbH”). We would therefore like to inform you in detail about the use of your data.

 

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1. Definitions

The privacy policy declaration of the esc mbH is based on the terms used by the European legislator for directives and regulations when the General Privacy Policy Regulation (in the following with reference to the German law: DSGVO) was ad opted. Our privacy policy declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

We use the following terms in this data protection declaration:

Personal data

Personal data is all information that relates to an identified or identifiable natural person (hereinafter “data subject”). A natural person is regarded as identifiable who, directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier or one or more special features that express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person can be identified.

Data subject

The data subject is any identified or identifiable natural person whose personal data is processed by the person responsible for processing.

Processing

Processing is any process carried out with or without the help of automated processes or any such series of processes in connection with personal data such as the collection, recording, organization, ordering, storage, adaptation or change, reading, querying, use, Disclosure through transmission, dissemination or any other form of provision, comparison or linking, restriction, deletion or destruction.

Restriction of processing

Restriction of processing is the marking of stored personal data with the target of restricting their future processing.

Profiling

Profiling is any type of automated processing of personal data that consists of using this personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal to analyze or predict the preferences, interests, reliability, behavior, whereabouts or relocation of this natural person.

Pseudonymization

Pseudonymization is the processing of personal data in a way in which the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures that ensure that the personal data cannot be assigned to an identified or identifiable natural person.

Responsible person or person responsible for processing

The person responsible or the person responsible for the processing is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data. If the purposes and means of this processing are specified by Union law or the law of the member states, the person responsible or the specific criteria for his appointment can be provided for in accordance with Union law or the law of the member states. additional information is stored separately and is subject to technical and organizational measures that ensure that the personal data cannot be assigned to an identified or identifiable natural person.

Processor

Processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the person responsible.

Recipient

Recipient is a natural or legal person, authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, authorities that may receive personal data as part of a specific investigation under Union law or the law of the member states are not considered recipients.

Third

A third party is a natural or legal person, public authority, agency or body other than the data subject, the person responsible, the processor and the persons who are authorized to process the personal data under the direct responsibility of the person responsible or the processor.

Consent

Consent is any declaration of intent voluntarily given by the data subject in an informed manner and unequivocally in the form of a declaration or other unequivocal affirmative action with which the data subject indicates that they consent to the processing of their personal data is.

2. Collection of data

The website of the esc mbH collects a series of general data and information each time the website is accessed by a data subject or an automated system. These general data and information are stored in the server’s log files. The following could get collected

 

– browser types and versions used,

– the operating system used by the accessing system,

– the website from which an accessing system reaches our website (so-called referrer),

– the sub-websites that are accessed via an accessing system on our website,

– the date and time of access to the website,

– an internet protocol address (IP address),

– the Internet service provider of the accessing system and

– Other similar data and information that serve to avert danger in the event of attacks on our information technology systems.

 

When using these general data and information, the esc mbH does not draw any conclusions about the person concerned.

 

 Rather, this information is needed to

– correctly deliver the content of our website,

– optimize the content of our website and the advertising for it,

– ensure the long-term functionality of our information technology systems and the technology of our website as well

– provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack.

This anonymously collected data and information is therefore evaluated statistically by the esc mbH on the one hand and with the aim of increasing privacy policy and data security in our company in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data in the server log files are stored separately from all personal data provided by a data subject.

3. Statutory or contractual provisions for the provision of personal data; Necessity for the conclusion of the contract; Obligation of the data subject to provide the personal data; possible consequences of non-provision

We explain to you that the provision of personal data is in part required by law (e.g. tax regulations) or may result from contractual regulations (e.g. information on the contractual partner). In order to conclude a contract, it may sometimes be necessary for a data subject to provide us with personal data that we subsequently have to process. For example, the data subject is obliged to provide us with personal data when our company concludes a contract with them. Failure to provide personal data would mean that the contract could not be concluded with the person concerned. Before the person concerned provides personal data, the person concerned must contact us. The esc mbH informs the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the failure to provide the personal data would have.

4. Contact options via the website

The website of the esc mbH contains information that enables quick electronic contact to our company and direct communication with us, which also includes a general address for the so-called electronic mail (e-mail address). If a data subject contacts the person responsible for processing by email or a contact form, the personal data transmitted by the data subject will be automatically saved. Such personal data transmitted on a voluntary basis by a data subject to the person responsible for processing are stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.

5. Notice of changes

Changes in the law or changes to our internal processes may make it necessary to adapt this data protection declaration.

In the event of such a change, we will notify you of this at least six weeks before it comes into force. You generally have a right of revocation with regard to the consents you have given.

Please note that (unless you make use of your right of withdrawal) the current version of the data protection declaration is the valid one.

6. Update / delete your personal information

You have the option at any time to check, change or delete the personal data made available to us by sending us an email to michel@escsoftware.de

 

You also have the right to revoke your consent at any time with effect for the future.

 

The stored personal data will be deleted if you revoke your consent to storage.

 

The person responsible for the processing processes and stores personal data of the data subject only for the period necessary to achieve the storage purpose, or if this is specified by the European directives and regulations or another legislator in laws or regulations, which is the processing Responsible subject, was provided.

If the purpose of storage no longer applies or if a storage period prescribed by the European directives and regulations or another responsible legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

7. Data Subject Rights

Every person concerned has the right granted by the European directive and regulation giver to request confirmation from the person responsible for the processing as to whether personal data concerning them are being processed. If a person concerned would like to make use of this right of confirmation, they can contact us at any time.

Every person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to receive free information about the personal data stored about them and a copy of this information from the person responsible for the processing at any time. Furthermore, the European directives and regulations grant the data subject access to the following information:

 

– the purposes of the processing

– the categories of personal data that are processed

– the recipients or categories of recipients to whom the personal data have been disclosed or are still being disclosed, in particular in the case of recipients in third countries or international organizations

– if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration

– the existence of a right to correction or deletion of the personal data concerning you or of restriction of processing by the person responsible or the existence of a right to object to this processing

– the right to lodge a complaint with a supervisory authority

– if the personal data are not collected from the data subject: all available information on the origin of the data

– The existence of automated decision-making including profiling in accordance with article 22 paragraph 1 and 4 DSGVO and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject

 

Furthermore, the data subject has a right to information as to whether personal data has been transmitted to a third country or to an international organization. If this is the case, the data subject also has the right to receive information about the appropriate guarantees in connection with the transmission.

If a person concerned would like to exercise this right to information, they can contact us at any time.

Every person affected by the processing of personal data has the right granted by the European directives and regulations to request the immediate correction of incorrect personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data – including by means of a supplementary declaration.

 

If a data subject wishes to exercise this right to rectification, they can contact us at any time.

Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to demand that the person responsible delete the personal data concerning them immediately, provided that one of the following reasons applies and insofar as the processing is not necessary:

– The personal data were collected or otherwise processed for purposes for which they are no longer necessary.

– The data subject revokes their consent, on which the processing was based in accordance with article 6 (1) (a) DSGVO or article 9 (2) (a) DSGVO, and there is no other legal basis for the processing.

– The person concerned objects to the processing in accordance with article 21 paragraph 1 DSGVO and there are no overriding legitimate reasons for the processing, or the person concerned objects to the processing in accordance with article 21 paragraph 2 DSGVO.

– The personal data was processed unlawfully.

– The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the member states to which the person responsible is subject.

– The personal data was collected in relation to information society services offered in accordance with article 8 paragraph 1 DSGVO.

If one of the above-mentioned reasons applies and a person concerned wishes to have personal data stored at esc mbH deleted, they can contact us at any time. We will arrange for the deletion request to be complied with immediately.

If the personal data has been made public by the esc mbH and our company, as the person responsible, is obliged to delete the personal data in accordance with article 17 paragraph 1 DSGVO, the esc mbH takes appropriate measures, including technical measures, taking into account the available technology and the implementation costs in order to notify other data processors who process the published personal data that the data subject has requested that these other data processors delete all links to this personal data or copies or replications of this personal data insofar as the processing is not necessary. We will arrange the necessary in individual cases.

Any person affected by the processing of personal data has the right, granted by the European legislator of directives and regulations, to require the controller to restrict processing if one of the following conditions is met:

– The correctness of the personal data is disputed by the data subject for a period that enables the person responsible to check the correctness of the personal data.

– The processing is unlawful, the person concerned refuses to delete the personal data and instead requests that the use of the personal data be restricted.

– The person responsible no longer needs the personal data for the purposes of processing, but the person concerned needs them to assert, exercise or defend legal claims.

– The data subject has filed an objection to the processing in accordance with article 21 paragraph 1 DSGVO and it has not yet been determined whether the legitimate reasons of the person responsible outweigh those of the data subject.

If one of the above conditions is met and a person concerned would like to request the restriction of personal data stored at esc mbH, they can contact us at any time. We will arrange for the processing to be restricted.

 

Every person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to receive the personal data relating to them, which have been made available to a person responsible by the person concerned, in a structured, common and machine-readable format. You also have the right to transfer this data to another person responsible without hindrance from the person responsible to whom the personal data was provided, provided that the processing is based on the consent in accordance with article 6 paragraph 1 lit. a DSGVO or article 9 paragraph 2 lit. a DSGVO or on a contract in accordance with article 6 paragraph 1 lit. b DSGVO and the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task that is in the public interest or in the exercise of public interest Violence occurs which has been transferred to the person responsible.

 

Furthermore, when exercising their right to data portability in accordance with article 20 paragraph 1 DSGVO, the data subject has the right to have the personal data transmitted directly from one person responsible to another, insofar as this is technically feasible and if this is not the case the rights and freedoms of other persons are impaired.

The data subject can contact us at any time to assert the right to data portability.

 

Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to object at any time to the processing of personal data relating to them based on article 6 paragraph 1 lit. e or f DSGVO takes place, to file an objection. This also applies to profiling based on these provisions.

 

The esc mbH no longer processes the personal data in the event of an objection, unless we can prove compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend of legal claims.

 

If the esc mbH processes personal data in order to operate direct mail, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to the esc mbH processing for direct marketing purposes, the esc mbH will no longer process the personal data for these purposes.

 

In addition, the data subject has the right, for reasons arising from their particular situation, to object to the processing of personal data concerning them that is carried out at the esc mbH for scientific or historical research purposes or for statistical purposes in accordance with article 89 paragraph 1 DSGVO To object, unless such processing is necessary to fulfill a task in the public interest.

 

To exercise the right to object, the person concerned can contact the esc mbH directly. The data subject is also free, in connection with the use of information society services, regardless of Directive 2002/58 / EC, to exercise their right of objection by means of automated procedures in which technical specifications are used.

 

Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations not to be subjected to a decision based solely on automated processing – including profiling – which has legal effects on them or similarly significantly affects them, provided the decision

 

– is not necessary for the conclusion or performance of a contract between the data subject and the person responsible, or

– is permissible on the basis of legal provisions of the Union or of the member states to which the person responsible is subject and these legal provisions contain appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject or

– takes place with the express consent of the data subject.

Is the decision

– necessary for the conclusion or performance of a contract between the data subject and the person responsible or

– it takes place with the express consent of the data subject,

 

The esc mbH takes appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain that a person from the group of the person responsible intervenes, expresses his own point of view and contests the decision.

If the data subject wishes to assert rights with regard to automated decisions, they can contact us at any time.

 

Every person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to revoke their consent to the processing of personal data at any time.

 

If the person concerned wishes to assert their right to withdraw consent, they can contact us at any time.

8. Legal basis for processing

Article 6 paragraph 1 lit. a DSGVO serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary to fulfill a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on article 6 paragraph 1 lit. b DSGVO. The same applies to processing operations that are required to carry out pre-contractual measures, for example in the case of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on article 6 paragraph 1 lit. c DSGVO. In rare cases, it may be necessary to process personal data in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were injured and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. The processing would then be based on article 6 paragraph 1 lit. d DSGVO. Ultimately, processing operations could be based on article 6 paragraph 1 lit. f DSGVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the person concerned do not prevail. We are particularly permitted to carry out such processing operations because they have been specifically mentioned by the European legislator. In this respect, he took the view that a legitimate interest could be assumed if the person concerned is a customer of the person responsible (recital 47 sentence 2 DSGVO).

9. The person responsible or your contact person

 

If you have any questions about the collection, processing or use of your personal data, information, correction, blocking or deletion of data as well as revocation of consent or objection to a specific use of data, please contact:

esc Ingenieurgesellschaft für Softwareentwicklung mbH

Mühlenstieg 9

22041 Hamburg

Email: michel@escsoftware.de

Status: July 2022