Data Protection

 

With the following information we want to give you an overview on how we process your personal data and about your rights as a customer and visitor of our site. Which data we process specifically and how they are used is mainly dependent on the requested or arranged services. Thus not all parts of this data protection declaration will apply to you.

GBTEC Software + Consulting AG takes the protection of your personal data very seriously and strictly complies with the regulations under data protection laws. We point out that this website and its services are exclusively tendered to persons of full age.

 

1. Who is responsible for data procession and whom can I contact?
 

Responsible is:

GBTEC Software + Consulting AG
Gesundheitscampus-Süd 23, 44801 Bochum, Germany
Tel.: +49 234 97645-100
Email: info@gbtec.de

 

You can contact our operational data protection official Simon P. Parl as well as our data protection coordinator Volker Breitkopf under the given address with the addition DATENSCHUTZ or under the email address datenschutz@gbtec.de.

 

2. Which sources and data do we use?
 

We process personal data which we receive from customers, applicants or visitors (hereafter: you) during the usage of our website.

 

3. For which purposes do we use your data and on which legal basis?
 

The personal data that you send us by using our website (name, company, address, email address and if applicable your telephone number or name and email address of other users) are used by us to correspond with you and saved and processed for the purpose for which you have provided us these data; for example during a registration, a contact request, during the delivery of a particular service or by taking part in an event.

We process personal data in accordance with the General Data Protection Regulation (GDPR) of the EU and the Bundesdatenschutzgesetz (BDSG), the German Federal Data Protection Act

a) to fulfill our contractual duties (Art. 6 s. 1 b GDPR),

The process of data can be conducted as part of the execution of contracts with you as our customer or as part of pre-contractual activities.


b) as part of weighing of interests (Art. 6 s. 1 f GDPR),

If necessary, we can process your data in a way that surpasses the actual fulfillment of the contract to preserve the justified interests of us or third parties. For example:

  • review and optimization of needs assessment processes with the purpose of direct customer address,
  • advertising or market and opinion research unless you disagreed the usage of your data,
  • enforcement of legal interests and defense during legal conflicts,
  • guaranteeing the IT security and the IT operation of the company,
  • measures for business governance and development of services and products.
     

c) based on your agreement (Art. 6 s. 1 a GDPR),

Given you granted us your agreement to process your personal data for certain purposes (e.g. marketing, sending of a newsletter), the legality of processing your data based on your agreement applies.

 

d) based on legal guidelines (Art. 6 s. 1 c GDPR) or in the public interest (Art. 6 s. 1 e GDPR),

Additionally, we are liable to diverse legal obligations, meaning legal requirements (e.g. tax law). Part of the purposes of processing are amongst others the fulfillment of fiscal control and report duties, and much more.

 

e) as part of the justification of an employment relationship(Art. 88 GDPR IAW § 26 s. 1 GDPR).

In the case that you apply for a tenure with us, we are allowed to process your personal data.

 

 

4.  What do these regulations mean regarding the provision of this website and the services included?

 

4.1 Provision of the website and creation of log files

With every invocation of our website our system automatically gathers data and information from the computer system of the invoking processor. The following data are gathered:

 

  1. IP address of the user,
  2. date and time of access,
  3. sites which are accessed by the user from our website.

 

Data are also saved in the log files of our system. A saving of personal data in combination with other personal data of the user does not occur.

Legal basis for the temporary saving of data in log files is Art. 6 s. 1 lit. f GDPR.

The temporary saving of the IP address by our system is necessary to deliver the website to the user’s processor. Therefore, the IP address of the user needs to be saved during the session. The saving in log files is conducted to ascertain the functionality of the website. Additionally, these data help us  optimize the website and to secure the safety of our information technological systems. A processing of data for marketing purposes does not occur in this context. The described purposes form our justified interest in data processing according to Art. 6 s. 1 lit. f GDPR.

The data will be deleted once they are not necessary for the attainment of the purposes of their elicitation anymore. In the case of elicitation of data for the delivery of our website this applies with the termination of each session.

In the case of saving  data in log files this applies after a reasonable period. A saving extending beyond this period is possible. In this case, the IP addresses of users will be deleted or altered, so that an association with the invoking client is impossible.

Elicitation of data for the delivery of the website and saving of data in log files is compulsively required for the operation of our website. Thus, the user can not disagree with this data processing.

 

4.2 Usage of cookies

For our website, we are using so called cookies at different locations. They help us make our services more customer friendly, effective and safe. Cookies are small text files that are saved on your computer by your browser. Most of the cookies we use are so called session cookies, which will automatically be deleted after the termination of your visit on our site. Cookies do not damage your computer and do not contain any viruses.

For example, language settings will be saved in the cookies and transmitted.

As part of the usage of technically necessary cookies, we will process your personal data in accordance with Art. 6 s. 1 lit. f GDPR.

Technically necessary cookies serve the purpose of designing  the website in a fitting way for you. Some functionalities of our website cannot be delivered without cookies. It is necessary that the browser will be identifiable even after a page change.

The user data gathered by technically necessary cookies will not be used to compile user profiles.

Cookies will be saved on your computer and only delivered to our website. Thus, you as the user have full control over the usage of cookies. By changing the settings of your internet browser, you can deactivate or restrict the delivery of cookies. Already saved cookies can always be deleted. This can be conducted automatically. If cookies are deactivated for our website, it is possible that not all services can be used to their full extent.

During the invocation of our website, a disclaimer will inform you about the usage of cookies and refer to this data protection declaration. Legal basis for the processing of personal data through cookies is Art. 6 s. 1 lit. f GDPR.

Usage of analysis cookies is conducted with the purpose of maintaining and improving the quality of our website and its contents.

 

4.3 Newsletter

On our website, we provide users with the opportunity to subscribe to a cost-free newsletter. The personal data gathered during the subscription process will be transmitted to us.

For this purpose, we collect the following data:

  1. email address of the user for the delivery of the newsletter,
  2. personal title, so we can address you properly,
  3. first and family name.

 

Additionally, the following data are automatically collected during the subscription:

  1. IP address of the invoking processor,
  2. date and time of the registration.

 

For the processing of data, we will ask for permission during the subscription and refer to this data protection declaration. For this purpose, you will receive a confirmation email with a link to activate your subscription (Double-Opt-In). You will be included into our newsletter distribution only after activating this link.

We will not proceed data to third parties in combination with the processing of personal data for the distribution of a newsletter. Collected data will exclusively be used for the distribution of the newsletter.

In case you subscribed to our newsletter and declared your agreement for the processing of your personal data,  Art. 6 s. 1 lit. a GDPR applies as legal basis.

The collection of your email address serves the purpose of distributing the newsletter to you. The collection of additional personal data during the subscription process serves the purposes of addressing you in a proper way and preventing a misuse of the services or the registered email address (IP address).

The data will be deleted once they are not necessary for the attainment of the purposes of their elicitation anymore. This means that your data will be saved for as long as the newsletter subscription is active. Should the activation email not be confirmed, all personal data will be deleted after thirty days.

The subscription of the newsletter can always be deactivated by you. For this purpose, an Opt-Out link is included in each newsletter.

By cancelling your subscription, you can also make void your agreement for the usage of the personal data gathered during the subscription process.

In case you acquire our products or services and send us your email address during this process, we are eligible to send you a promotional newsletter exclusively with direct promotion of similar products and services.

We will not proceed data to third parties in combination with the processing of personal data for the distribution of a newsletter. Collected data will exclusively be used for the distribution of the newsletter.

Legal basis for the distribution of a promotional newsletter as a result of a sale of products or services is § 7 s. 3 UWG, Gesetz gegen unlauteren Wettbewerb (German Fair Trade Law).

Gathering of your email address serves the purpose of delivering the promotional newsletter to you.

The data will be deleted once they are not necessary for the attainment of the purposes of their elicitation. This means that your data will be saved for as long as the newsletter subscription is active.

The subscription of the promotional newsletter can always be deactivated by you. For this purpose, an Opt-Out link is included in every newsletter.

 

4.4  Registration on our website

On our website, we offer the opportunity to contact us or use one of our provided services. The personal data we collect in a webform during the contact or usage process will be delivered to us and saved. Services are for example:

 

  • Registration to a cost-free test version of BIC Cloud,
  • Registration to webinars or events,
  • Download or order of documents (e.g. guidelines, posters),
  • Request for an offer for our product BIC Cloud.
     

We will not proceed data to third parties.

The following personal data will be inquired for the processing of such requests:

Personal title, email address, post address and telephone number, if necessary.

 

Additionally, the following data are automatically collected during the registration:

  1. IP address of the invoking processor,
  2. date and time of registration.

 

During the dispatch, we will ask for your agreement to process these data. With your explicitly given agreement, the legal basis for processing your data is Art. 6 s. 1 lit. a GDPR.

Your registration is necessary for the availability of certain contents and services, so we can fulfill your request, e.g. distribution of a document or access data for the BIC Cloud or a webinar, a confirmation of participation in an event as well as other information regarding this event or sending an offer for one of our products and services to you.

The data will be deleted once they are not necessary for the attainment of the purposes of their elicitation unless we are legally obliged to save them beyond this period.

You as a user always have the right and possibility to enter an objection against our data processing. This may cause us to discontinue delivering our services to you.

If the registration serves the purpose of the fulfillment of contractual duties, e.g. registration for a cost-free test version of the BIC Cloud, for which you are one contracting party or for the execution of pre-contractual measures, additional legal basis for processing of your data is Art. 6 s. 1 lit. b GDPR.

Your registration is necessary for the fulfillment of a contract with you or for the execution of pre-contractual measures.

To allow us to provide you with a test version of BIC Cloud, we ask you to confirm our terms of use and the contract for contract data processing. For this, we need the following data:

  • Title, for proper personal addressing,
  • First and family name
  • Company,
  • Address,
  • Email address (for the distribution of information about BIC Cloud as well as access data and for offer or contract information)

 

The data will be deleted once they are not necessary for the attainment of the purposes of their elicitation anymore. For data collected during the process of registration in the purpose of fulfilling a contract or the execution of pre-contractual measures, this is the case once the data are not necessary for the fulfillment of the contract anymore. Even after completion of a contract the necessity of saving personal data of the contract signatory can exist to comply with contractual or legal obligations.

As a user you always have the right and possibility to have your personal data deleted or revised. For this, please contact our data protection coordinator: datenschutz@gbtec.de.

Should personal data be necessary for the fulfillment of a contract or for the execution of pre-contractual measures, a deletion is only possible if no contractual or legal duties to save these data apply.

 

4.5   Contact form and email contact

On our website, we supply users with a contact form for means of making electronic contact. Given the case, you use this form for contacting us, the personal data inserted into the form by you will be transmitted to us and saved. These data are:

  1. email address,
  2. first and family name,
  3. if applicable, further personal data inserted into the text form by you.

For processing of your data, we will ask for your permission during the transmission process and refer to this data protection declaration.

Alternatively, you can directly contact us by sending an email to the provided email address. In this case, all personal data transmitted to us in your email will be saved. We will not share your data with third parties. Data will only be used to maintain the conversation.

With your explicitly given agreement, legal basis for processing your data is Art. 6 s. 1 lit. a GDPR.

Legal basis for processing the personal data that you transmit to us by email is Art. 6 s. 1 lit. f GDPR. If, in the course of email contact between you and us, the conclusion of a contract is targeted, additional legal basis for processing data is Art. 6 s. 1 lit. b GDPR.

Processing of personal data inserted into the text form only serves us to process the contact. In the case of contact by email, the necessary justified interest in processing of data lies herein. Additional personal data processed during the transmission serves the purpose of preventing misuse of the contact form and securing the safety of our information technology systems.

The data will be deleted once they are not necessary for the attainment of the purposes of their elicitation anymore. For data collected in the contact form, this is the case once the conversation between you and us is terminated, meaning that the discussed issue in the conversation is resolved. Personal data collected during the transmission process will be deleted after seven days.

You as a user always have the right and possibility to enter an objection against our data processing. If you contact us by email, you can always disagree with the saving of your personal data. In this case, we will instantly discontinue the conversation.

A revocation must be sent to: datenschutz@gbtec.de. All personal data saved during the process of contact and conversation will be deleted after you revoked your agreement to data processing.

 

4.6 Managing of applicants data

You want to apply for a job with us? We look forward to receiving your application by email or via our online application form.

In the process of application management, we process the data that you transmitted to us in the aim to initiate a tenure based on Art. 88 GDPR IAW § 26 s. 1 BDSG. Alternatively, collective arrangements (company, overall and business agreements as well as tariff regulations) acc. Art. 88  GDPR IAW § 26 s. 4 BDSG and approvals (e.g. for photographs) acc. Art 88 GDPR IAW § 26 s. 2 BDSG may apply.

In singular instances, we will process your data to uphold justified interests, e.g. company internal data exchange for administration purposes (Art. 6 s. 1 f GDPR IAW recital 48).

Should special categories of personal data be processed (e.g. disability), this is based on Art. 88 GDPR IAW § 26 s. 3 BDSG. Additionally, processing of health data may be necessary according to Art. 9 s. 2 h) IAW § 22 s. 1 b) BDSG.

We process and save personal data for as long as it is necessary due to fulfillment of data processing or legal, contractual or statutory obligations. Hereafter, data will be deleted or their processing will be restricted. In the case that no tenure comes into existence after the finalization of the application process, we will delete your data after four weeks, at latest after three years after finalization of the application process. After expiration of the limitation period of three years according to § 195 BGB, potential claims according to the German General Equal Treatment Act (allgemeines Gleichbehandlungsgesetz (AGG)) are barred. Should we be interested in saving your application in a so called „pool of applicants“ for a period longer than three years, we will ask for your permission to do so before expiration of the three years deadline.

You can certainly always withdraw your application. In this case, all personal data will be deleted if they are no longer necessary for the attainment of their purpose. A revocation must be sent to: datenschutz@gbtec.de. Revocation of given approvals for data processing is also always possible.

 

4.7  Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc. (“Google”), including its advertising functions. Google Analytics uses so-called “cookies”, text files that are stored on your computer which allow how you use the website to be analyzed.

Information about your use of this website generated by the cookie is generally transferred to a Google server in the USA and stored there. However, in the event of activation of IP anonymization on this website, your IP address will be abbreviated by Google beforehand within member states of the European Union or in other states which are party to the Agreement on the European Economic Area. The complete IP address will only be transferred to a Google server in the USA in exceptional cases and abbreviated there. The IP anonymization method used by Google will at no times save the full IP address on a hard drive, the total anonymization takes place nearly directly after reception of the request in the working memory.

Google will use this information on behalf of the operator of this website to evaluate how you use this website, compile reports about activities on the website and to provide other services associated with use of the website and the Internet to the website operator, especially functions for display advertising and Google Analytics reports for performance according to demographic characteristics and interests.

In some cases, Google will transmit these data to third parties, if it is legally compulsory, or third parties process these data for Google. Personal data will never be transmitted to third parties by Google.

The IP address transferred by Google Analytics from your browser will not be combined with other data from Google. You may prevent cookies being stored by adjusting the settings in your browser software; however, we would like to point out that this may mean that you will not be able to use all the functions of this website to their full extent.

In addition, by downloading and installing a browser plug-in, you can disable the collection and transmission to Google of data (including your IP address) generated by the cookies and related to your use of the website, and the processing of these data by Google.  Alternatively, you can download and install the following browser plug-in: https://tools.google.com/dlpage/gaoptout?hl=en

For further information about terms of use and data protection regulations from Google, please visit: https://www.google.com/analytics/terms/us.html or

https://policies.google.com/terms?hl=en.

 

4.8  Transmission of data to third parties

GBTEC Software + Consulting AG will not share your personal data with third parties, except as required for settling business transactions.

In some cases, our own data processing is carried out by external service providers, engaged by us to process data for us based on our instructions.

If these service providers are in Germany we require such service providers to give written undertakings in accordance with the strict regulations of the GDPR and they may not use the data for any other purposes.

By using BIC Cloud or entering your data on the website of GBTEC Software + Consulting AG, it may be possible - according to the use of BIC Cloud, depending on the server address determined by agreement between you and us - to transfer personal data to an unsafe third country (e.g. USA).
In this regard, we exclusively cooperate with subcontractors who are certified according to DIN / ISO standard 27001.
The data transmission is always based on EU standard contract clauses agreed between GBTEC Software + Consulting AG and the subcontractor. Furthermore, we want our subcontractors - if they are in the USA - to have a Privacy Shield certification.

However, we would like to point out that we can offer BIC Cloud completely and exclusively within the EU or Germany, if desired.

If you are using BIC Cloud and need further information about the software, we will be glad to provide your data protection officer – after a written request to sales@gbtec.de – a protected list of our subcontractors by email. The list contains the name and address of all subcontractors as well as a brief description of all provided services. We will inform you about further changes in the list (e.g. substitution of the subcontractor) by email. Your company data protection officer is also entitled to receive information about essential data protection-relevant terms and conditions of our subcontractors by written request, if you use BIC Cloud.

The data transmitted is limited to the minimum required.

GBTEC Software + Consulting AG also forms partnerships with other companies to be able to provide joint products and services. If you purchase such products or services, or expressly state an interest in receiving further information about them, GBTEC Software + Consulting AG may pass the data provided during a purchase/rental or expression of interest to its business partners. It is not within the scope of responsibility of GBTEC Software + Consulting AG to monitor the use of your data by our business partners. The use of such data, moreover, is subject to the data protection policy of the respective partners. If you do not wish your data to be passed on in this way, you may decide not to use jointly offered products and services, or expressly state that you are not interested in receiving further information.

To the extent that GBTEC Software + Consulting AG is obligated to disclose your data by law or by a judicial decision, we will only pass on your data to governmental institutions and official authorities entitled to receive such information.

 

5.  Which rights can you claim?
 

Every affected person has the right of access acc. Art. 15 GDPR, the right of rectification acc. Art. 16 GDPR, the right of erasure acc. Art. 17 GDPR, the right to restriction of processing acc. Art. 18 GDPR, the right to object Art. 21 GDPR as well as the right to data portability acc. Art. 20 GDPR. For the right of access and the right of erasure, restrictions acc. §§ 34 and 35 German Federal Data Protection Act (BDSG) apply. Additionally, the right to lodge a complaint with a supervisory authority (Art. 77 GDPR IAW § 19 BDSG) applies.

A given agreement to the processing of personal data can always be made void towards us. This also applies to declarations of agreement that you have given us before the application period of the GDPR, meaning before the 25th May 2018. Please note that your revocation will only come into force in the future, processing of data that occurred before your revocation will not be affected.

A revocation must be sent to: datenschutz@gbtec.de.

 

6.  Do you have to make personal data available to us?
 

As part of a business relation you will have to make those personal data available to us that are necessary for the implementation and execution of this business relation and the contractual or legal obligations connected to it. Without these data, as a general rule, we will decline to conclude the contract or the processing of contents of contract or will be unable to execute an existing contract, thus having to terminate the respective contract.

 

7.  Is there an automatic decision process?
 

No. At the moment, we do not use a fully automated decision-making process acc. Art. 22 GDPR for the implementation or execution of business relations. We are not conducting a “Profiling”.

 

8.  Information about your right to object acc. Art. 21 GDPR


Right to object in singular instances

You always have the right to object the processing of your personal data, processed on the legal bases acc. Art. 6 s. 1 lit e GDPR (data processing in public interest) and Art. 6 s. 1 lit f GDPR (data processing based on weighing of interests), due to reasons lying in your personal situation; this also applies to a profiling based on these regulations in accordance with Art. 4 No. 4 GDPR.

In the case you revoke your agreement to data processing, we will discontinue processing your data, unless we can establish urgent justified reasons overweighing your interests, rights and freedoms, or unless processing serves the enforcement, exertion or defense of legal interests.

 

Right to object the processing of data for direct advertising

In singular instances we will process your personal data for direct advertising. You always have the right to object the processing of your personal data for the purpose of respective direct advertising; this also applies to profiling if it is in direct connection to such direct advertising. In the case you object the processing for the purpose of direct advertising, we will discontinue processing your personal data for these purposes.

 

Recipient of your revocation

Your revocation, specifying your name, address and date of birth and with the subject „Widerspruch/Revocation“, can be sent to:

GBTEC Software + Consulting AG
Gesundheitscampus-Süd 23, 44801 Bochum
Email: datenschutz@gbtec.de

 

9.  Further information
 

Should you wish to receive further information not included into this data protection declaration, please contact our operational data protection official who will be gladly at your disposal under the email address: datenschutz@gbtec.de.

 

10.  Copyright


The content and products produced by website operators on these pages are subject to German copyright law. Copying, editing and distributing and any manner of use outside the limitations of copyright law require the written consent of the author or creator concerned. Downloads and copies of this site are only permitted for private, non-commercial use. Where the content on this site was not created by the operator, the copyright of third parties is observed. In particular, third-party content will be identified as such. If, in spite of this, you become aware of a breach of copyright, we request that you notify us of this accordingly. Once we become aware of any breaches of rights, we shall remove such content immediately.

 
July, 26, 2018

 

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