Status: September 24, 2021
This Data Privacy Statement informs you about the nature, scope and purpose of the processing of personal data (hereinafter referred to as "data") in the scope of our online services and the websites, functions and content associated with them, as well as various forms of external online presence, such as our social media profiles (hereinafter collectively referred to as "online services"). With regard to the terms used, such as "processing" or "controller", we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
SemsoTec GmbH
Schleißheimer Straße 91a
D-85748 Garching
Owner: Jochen Semmelbauer
Link to impressum: http://www.semsotec.de
Types of data processed:
- User data (e.g. names, addresses).
- Contact data (e.g. e-mail, telephone numbers).
- Content data (e.g. text input, photographs, videos).
- Usage data (e.g. web pages visited, interest in content, access times).
- Meta/communication data (e.g. device information, IP addresses).
Data subjects are the visitors and users of the online services (hereinafter, we also refer to the data subjects collectively as "users").
- For the provision of online services, their functions and content.
- Responding to contact inquiries and communicating with users.
- Security measures.
- Reach measurement/marketing
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter "data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
"Processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and includes virtually any handling of data.
"Processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and includes virtually any handling of data.
"Profiling" means any automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.
"Controller" means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
"Sub-contractor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller.
In accordance with Article 13 GDPR, we inform you of the legal basis for our data processing activities. If the legal basis is not mentioned in the privacy statement, the following applies: the legal basis for obtaining consent is Art. 6(1) (a) and Art. 7 GDPR, the legal basis for processing to fulfill our services and carry out contractual measures and respond to inquiries is Art. 6(1) (b) GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6(1) (c) GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6(1) (f) GDPR. In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) (d) GDPR serves as the legal basis.
We take appropriate technical and organizational measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.
The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access to, entry into, disclosure of, assurance of availability of and segregation of the data. Furthermore, we have established procedures to ensure the exercise of data subjects' rights, deletion of data, and response to data compromise. Furthermore, we already take the protection of personal data into account during the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Article 25 GDPR).
If, in the course of our processing, we disclose data to other persons and companies (sub-contractors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as to payment service providers, is necessary for the performance of the contract pursuant to Art. 6 (1) (b) GDPR), or if you have given your consent, or a legal obligation provides for this or on the basis of our legitimate interests (for example when using agents, website hosting providers, etc.).
If we commission third parties to process data on the basis of a so-called "order processing agreement", this is done on the basis of Art. 28 GDPR.
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of using third-party services or disclosing, or transferring data to third parties, this will only happen if it is done to fulfill our (pre)contractual obligations, or if you have given your consent, or due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the processing of data in a third country only if the special requirements of Art. 44 et seq. GDPR are met. For example, processing may be carried out on the basis of special guarantees, such as an official recognition of a level of data protection corresponding to that of the EU (e.g. for the USA by the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
You have the right to request confirmation as to whether data in question is being processed and to be informed about this data and to receive further information and a copy of the data in accordance with Article 15 of the GDPR.
In accordance with Art. 16 GDPR, you have the right to request the completion of the data concerning you or the correction of incorrect data concerning you.
You have the right, in accordance with Art. 17 GDPR, to demand that data concerning you be deleted without delay, or alternatively, in accordance with Art. 18 GDPR, to demand restriction of the processing of the data.
In accordance with Art. 20 GDPR, you have the right to request to receive the data concerning you that you have provided to us and to request that it be transferred to other data controllers.
You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 GDPR.
In accordance with Art. 7 para. 3 GDPR, you have the right to revoke with future effect any consents you have given.
In accordance with Art. 21 GDPR, you may object at any time to the future processing of data relating to you. The objection can be made in particular against processing for direct marketing purposes.
“Cookies" are small files that are stored on users' computers. Various types of data can be stored in the cookies. The primary purpose of a cookie is to store information about a user (or the device on which the cookie is stored) during or after their visit to an online service. Temporary cookies, known as session cookies or transient cookies, are cookies that are deleted after users leave an online service and close their browser. Cookies like this may store, for example, the contents of a shopping cart in an online store or a login status. Cookies that remain stored even after the browser is closed are referred to as "permanent" or "persistent". For example, the login status can be stored if users visit them after several days. Likewise, the user’s interests can be stored in such cookies, which are used for reach measurement or marketing purposes. “Third-party cookies" are cookies that are managed by providers other than the controller that operates the online service (otherwise, if they are only its own cookies, they are referred to as "first-party cookies").
We may use temporary and permanent cookies and provide information about this in our data privacy statement.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. Refusing cookies can lead to functional restrictions of this online service.
A general objection to the use of cookies used for online marketing purposes can be declared for a large number of the services, especially in the case of tracking, via the U.S. site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be prevented by disabling them in the browser settings. Please note that in this case not all functions of this online service can be used.
The data processed by us will be deleted or its processing will be restricted in accordance with Articles 17 and 18 GDPR. Unless expressly stated within the scope of this data privacy declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. In this case, the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.
In compliance with the legal requirements in Germany, data is stored for 10 years in accordance with §§ 147 para. 1 of the German Fiscal Code (AO), 257 para. 1 nos. 1 and 4, para. 4 of the German Commercial Code (HGB) (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years according to § 257 para. 1 nos. 2 and 3, para. 4 HGB (commercial correspondence).
In compliance with legal requirements in Austria, data is especially stored for 7 years in accordance with Section 132 (1) Federal Fiscal Code (BAO) (accounting records, vouchers/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real property and for 10 years for records in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
In addition, we process
- Contract data (e.g., subject matter of the contract, duration, customer category).
- Payment data (e.g., bank details, payment history).
of our customers, prospective customers and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
We process the data of our customers within the scope of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, implementation of campaigns and processes/handling, server administration, data analysis/consulting services and training services.
In this context, we process user data (e.g. customer master data, such as names or addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries, photographs, videos), contract data (e.g. subject matter of contract, term), payment data (e.g. bank details, payment history), usage data and metadata (e.g. in the context of evaluating and measuring the success of marketing activities). As a matter of principle, we do not process special categories of personal data, unless these are the subject of a processing request. Data subjects include our customers, prospective customers as well as their customers, users, website visitors or employees as well as third parties. The purpose of the processing is the provision of contractual services, billing and our customer service. The legal basis for the processing results from Art. 6 para. 1 (b) GDPR (contractual services), Art. 6 para. 1 (f) GDPR (analysis, statistics, optimization, security measures). We process data that are needed for the purpose and fulfillment of the contractual services and indicate where their disclosure is required. Disclosure to external parties only takes place if it is required in the context of an order. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client as well as the legal contract processing requirements pursuant to Art. 28 GDPR and do not process the data for any purposes other than those specified in the order.
We delete the data after the expiry of legal warranty and equivalent obligations. The necessity of keeping the data is reviewed every three years; in the case of legal archiving obligations, the deletion takes place after their expiry (6 years, according to § 257 para. 1 of the German Commercial Code (HGB), 10 years, according to § 147 para. 1 of the German Fiscal Code (AO). In the case of data disclosed to us by the client as part of an order, we delete the data, in accordance with the order requirements, only after the end of the order.
We process the data of our contractual partners and interested parties as well as other clients, customers, clients or contractual partners (uniformly referred to as "contractual partners") in accordance with Art. 6 Para. 1 (b) GDPR, in order to provide them with our contractual or pre-contractual services. The data processed in this context, the type, scope and purpose and the necessity of their processing, are determined by the underlying contractual relationship.
The data processed includes the master data of our contractual partners (e.g. names and addresses), contact data (e.g. e-mail addresses and telephone numbers) as well as contractual data (e.g. services used, contract contents, contractual communication, names of contact persons) and payment data (e.g. bank details, payment history).
As a matter of principle, we do not process special categories of personal data, unless they constitute elements of commissioned or contractual processing.
We process data that are necessary for the purpose fulfillment of contractual services and indicate where their disclosure is required, insofar as this is not evident to the contractual partners. Disclosure to external persons or companies is made only if it is necessary in the context of a contract. When processing data provided to us in the context of an order, we act in accordance with the instructions of the client as well as the legal requirements.
When our online services are being used, we may store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the interests of users in protection against abuse and other unauthorized use. In principle, this data is not passed on to third parties, unless it is necessary for the pursuit of our claims pursuant to Art. 6 para. 1 ( f) GDPR or there is a legal obligation to do so pursuant to Art. 6 para. 1 (c) GDPR.
The deletion of the data takes place when the data is no longer required for the fulfillment of contractual or legal duties of care as well as for dealing with any warranty and comparable obligations, whereby the necessity of retaining the data is reviewed every three years; otherwise, the legal retention obligations apply.
We process applicant data only for the purpose of and within the scope of the application process in accordance with legal requirements. Applicant data is processed to fulfill our (pre)contractual obligations within the scope of the application procedure in accordance with Art. 6 para. 1 (b) GDPR Art. 6 para. 1 (f) GDPR insofar as the data processing becomes necessary for us, e.g. within the scope of legal procedures (in Germany, § 26 BDSG Data Protection Law also applies).
The application procedure requires applicants to provide us with applicant data. The necessary applicant data are marked, if we provide an online form, otherwise result from the job descriptions and basically include the personal details, postal and contact addresses and the documents belonging to the application, such as cover letter, resume and the certificates. In addition, applicants may voluntarily provide us with additional information.
By submitting their application to us, applicants consent to the processing of their data for the purposes of the application process in the manner and to the extent set out in this data privacy statement.
Insofar as special categories of personal data within the meaning of Art. 9 (1) GDPR are voluntarily communicated within the scope of the application procedure, their processing is additionally carried out in accordance with Art. 9 (2) (b) GDPR (e.g. health data, such as severely disabled status or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 (1) GDPR are requested from applicants as part of the application process, their processing is additionally carried out in accordance with Art. 9 (2) (a) GDPR (e.g. health data if this is required for the exercise of the profession).
If provided, applicants can submit their applications to us using an online form on our website. The data is transmitted to us in encrypted form in accordance with the state of the art.
Applicants can also send us their applications by e-mail. Please note, however, that e-mails are generally not sent in encrypted form, and it is up to the applicants to take care of the encryption. We cannot therefore accept any responsibility for the transmission path of the application between the sender and receipt on our server and therefore recommend rather using an online form or sending by post. Instead of applying via the online form and by e-mail, applicants also have the option of sending us their application by post.
In the event of a successful application, the data provided by the applicants may be processed by us for the purposes of the employment relationship. Otherwise, if the application for a job offer is not successful, the applicants' data will be deleted. Applicants' data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time.
Subject to a justified withdrawal by the applicants, the deletion will take place after the expiry of a period of six months so that we can answer any follow-up questions about the application and satisfy our obligations to provide evidence under the Equal Treatment Act. Invoices for any reimbursement of travel expenses will be archived in accordance with tax law requirements.
When contacting us (e.g. via contact form, email, telephone or via social media), the user's details will be used to process the contact request and handle it pursuant to Art. 6 para. 1 (b) GDPR (in the case of contractual/pre-contractual relations), Art. 6 para. 1 (f) GDPR (other requests). The user's details may be stored in a customer relationship management system (CRM) or similar inquiry handling system.
We delete the inquiries if they are no longer necessary. We review the necessity every two years; the legal archiving obligations shall also be applicable.
This website uses the open-source web analysis service Matomo. Matomo uses technologies that make it possible to recognize the user across multiple pages with the aim of analyzing the user patterns (e.g. cookies or device fingerprinting). The information recorded by Matomo about the use of this website will be stored on our server. Prior to archiving, the IP address will first be anonymized.
Through Matomo, we are able to collect and analyze data on the use of our website-by-website visitors. This enables us to find out, for instance, when which page views occurred and from which region they came. In addition, we collect various log files (e.g. IP address, referrer, browser, and operating system used) and can measure whether our website visitors perform certain actions (e.g. clicks, purchases, etc.).
The use of this analysis tool is based on Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the analysis of user patterns, in order to optimize the operator’s web offerings and advertising. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.
For analysis with Matomo we use IP anonymization. Your IP address is shortened before the analysis, so that it is no longer clearly assignable to you.
We host Matomo exclusively on our own servers so that all analysis data remains with us and is not passed on.
If you would like to receive the newsletter offered on the website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. Further data is not collected or only on a voluntary basis. For the handling of the newsletter, we use newsletter service providers, which are described below.
This website uses the services of MailChimp to send out its newsletters. The provider is the Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA.
Among other things, MailChimp is a service that can be deployed to organize and analyze the sending of newsletters. Whenever you enter data for the purpose of subscribing to a newsletter (e.g. your e-mail address), the information is stored on MailChimp servers in the United States.
With the assistance of the MailChimp tool, we can analyze the performance of our newsletter campaigns. If you open an e-mail that has been sent through the MailChimp tool, a file that has been integrated into the e-mail (a so-called web-beacon) connects to MailChimp’s servers in the United States. As a result, it can be determined whether a newsletter message has been opened and which links the recipient possibly clicked on. Technical information is also recorded at that time (e.g. the time of access, the IP address, type of browser and operating system). This information cannot be allocated to the respective newsletter recipient. Their sole purpose is the performance of statistical analyses of newsletter campaigns. The results of such analyses can be used to tailor future newsletters to the interests of their recipients more effectively.
If you do not want to permit an analysis by MailChimp, you must unsubscribe from the newsletter. We provide a link for you to do this in every newsletter message.
The data is processed based on your consent (Art. 6(1)(a) GDPR). You may revoke any consent you have given at any time by unsubscribing from the newsletter. This shall be without prejudice to the lawfulness of any data processing transactions that have taken place prior to your revocation.
The data deposited with us for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter or the newsletter service provider and deleted from the newsletter distribution list after you unsubscribe from the newsletter. Data stored for other purposes with us remain unaffected.
Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://mailchimp.com/eu-us-data-transfer-statement/ and https://mailchimp.com/legal/data-processing-addendum/#Annex_C_-_Standard_Contractual_Clauses.
After you unsubscribe from the newsletter distribution list, your e-mail address may be stored by us or the newsletter service provider in a blacklist, if such action is necessary to prevent future mailings. The data from the blacklist is used only for this purpose and not merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6(1)(f) GDPR). The storage in the blacklist is indefinite. You may object to the storage if your interests outweigh our legitimate interest.
For more details, please consult the Data Privacy Policies of MailChimp at: https://mailchimp.com/legal/terms/.
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