Name and contact of the responsible person according to Article 4 para. 7 DSGVOCompany: update texware GmbH
Address: Albert-Schweitzer-Straße 16, 95326 Kulmbach, Germany.
Phone: +49 9221 895–0
Security and protection of your personal dataWe consider it our primary responsibility to maintain the confidentiality of the personal data you provide to us and to protect it from unauthorized access. Therefore, we use the utmost care and state-of-the-art security standards to ensure maximum protection of your personal data.
As a company under private law, we are subject to the provisions of the European General Data Protection Regulation (DSGVO) and the regulations of the German Federal Data Protection Act (BDSG). We have taken technical and organizational measures to ensure that the regulations on data protection are observed both by us and by our external service providers.
- Personal data
“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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- Personal data
“Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- Restriction of Processing
“Restriction of processing” means the marking of stored personal data with the aim of limiting their future processing.
- Restriction of Processing
“Profiling” means any type of automated processing of personal data that consists of 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 job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.
“Pseudonymization” means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separate and is subject to technical and organizational measures to ensure that the personal data cannot be attributed to an identified or identifiable natural person.
- File system
“File system” means any structured collection of personal data accessible according to specific criteria, whether such collection is maintained centrally, decentral, or organized along functional or geographical lines.
- File system
“Controller” means a 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; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
“Recipient” means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law shall not be considered as Recipients; the processing of such data by the aforementioned authorities shall be carried out in accordance with the applicable data protection legislation in accordance with the purposes of the processing.
- Third Party
“Third party” means a natural or legal person, public authority, agency or other body, other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.
- Third Party
“Consent” of the data subject means any freely given specific, informed and unambiguous indication of his or her wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
Lawfulness of processingThe processing of personal data is lawful only if there is a legal basis for the processing. According to Article 6 (1) lit. a – f DSGVO, the legal basis for processing may be in particular:
- a. The data subject has given his/her consent to the processing of personal data relating to him/her for one or more specific purposes;
- b. the processing is necessary for the performance of a contract to which the data subject is a party or for the performance of pre-contractual measures taken at the data subject’s request;
- c. the processing is necessary for compliance with a legal obligation to which the controller is subject;
- d. the processing is necessary in order to protect the vital interests of the data subject or another natural person;
- e. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- f. processing is necessary for the purposes of the legitimate interests of the controller or of a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data, in particular where the data subject is a child.
Information about the collection of personal data(1) In the following, we provide information about the collection of personal data when using our website. Personal data are e.g. name, address, e-mail addresses, user behavior.
(2) If you contact us by e-mail, the data you provide (your e-mail address, name, and telephone number, if applicable) will be stored by us in order to answer your questions. We delete the data accruing in this context after the storage is no longer necessary, or the processing is restricted if there are legal obligations to retain data.
Collection of personal data when visiting our websiteIn the case of merely informational use of the website, i.e. if you do not register or otherwise transmit information to us, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security (legal basis is Art. 6 para. 1 p. 1 lit. f DSGVO):
- IP address
- Date and time of the request
- Time zone difference to Greenwich Mean Time (GMT)
- Content of the request (specific page)
- Access status/HTTP status code
- Amount of data transferred in each case
- Website from which the request comes
- Operating system and its interface
- language and version of the browser software.
(2) This website uses the following types of cookies, the scope and functionality of which are explained below:
- Transient cookies (for this purpose a.)
- Persistent cookies (b.).
- a.) Transient cookies are automatically deleted when you close the browser. These include, in particular, session cookies. These store a so-called session ID, with which various requests of your browser can be assigned to the common session. This allows your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.
- b.) Persistent cookies are deleted automatically after a specified period of time, which may differ depending on the cookie. You can delete the cookies in the security settings of your browser at any time.
- c.) You can configure your browser settings according to your preferences and B. refuse to accept third-party cookies or all cookies. So-called “third party cookies” are cookies set by a third party, consequently not by the actual website you are currently on. Please note that by disabling cookies, you may not be able to use all the features of this website.
Further functions and offers of our website(1) In addition to the purely informational use of our website, we offer various services that you can use if you are interested. For this purpose, you usually have to provide further personal data, which we use to provide the respective service and for which the aforementioned data processing principles apply.
(2) In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly monitored.
(3) Furthermore, we may pass on your personal data to third parties if we offer participation in promotions, competitions, conclusion of contracts or similar services together with partners. You will receive more information about this when you provide your personal data or below in the description of the offer.
(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you about the consequences of this circumstance in the description of the offer.
Our offer is generally aimed at adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians.
Rights of the data subject (1) Revocation of consent If the processing of personal data is based on a granted consent, you have the right to revoke the consent at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
To exercise the right of revocation, you can contact us at any time.
(2) Right to confirmation You have the right to request confirmation from the controller as to whether we are processing personal data relating to you. You can request the confirmation at any time using the contact details above.
(3) Right of access If personal data is processed, you may at any time request information about this personal data and about the following information:
- a.) the purposes of processing;
- b.) the categories of personal data processed;
- c.) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations;
- d.) 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;
- e.) the existence of a right to rectification or erasure of personal data concerning you or to restriction of processing by the controller or a right to object to such processing;
- f.) the existence of a right of appeal to a supervisory authority;
- g.) if the personal data are not collected from the data subject, any available information on the origin of the data;
- h.) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR 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.
(4) Right to rectification
You have the right to request that we correct any inaccurate personal data relating to you without undue delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data – also by means of a supplementary declaration.
(5) Right to erasure (“right to be forgotten”).
You have the right to request that the controller delete personal data concerning you without undue delay, and we are obliged to delete personal data without undue delay, if one of the following reasons applies:
- a.) the personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
- b.) The data subject revokes the consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR and there is no other legal basis for the processing.
- c.) The data subject objects to the processing pursuant to Article 21(1) DSGVO and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) DSGVO.
- d.) The personal data have been processed unlawfully.
- e.) The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
- f.) The personal data have been collected in relation to information society services offered pursuant to Article 8(1) of the GDPR.
The right to erasure (“right to be forgotten”) does not exist insofar as the processing is necessary:
- for the exercise of the right to freedom of expression and information;
- for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, where the right referred to in paragraph 1 is likely to make impossible or seriously prejudice the achievement of the purposes of such processing; or
- for the assertion, exercise, or defense of legal claims.
(6) Right to restriction of processing
You have the right to request us to restrict the processing of your personal data if one of the following conditions is met:
- a.) the accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data,
- b.) the processing is unlawful, and the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data;
- c.) the controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the establishment, exercise, or defense of legal claims; or
- d.) the data subject has objected to the processing pursuant to Article 21(1) of the GDPR, as long as it is not yet established whether the legitimate grounds of the controller override those of the data subject.
In order to exercise the right to restrict processing, the data subject may at any time contact us using the contact details provided above.
(7) Right to data portability
You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format, and you have the right to transfer that data to another controller without hindrance from the controller to whom the personal data was provided, provided that:
- a.) the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b) DSGVO; and
- b.) the processing is carried out with the aid of automated procedures.
(8) Right to object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions. The controller shall no longer process the personal data unless it can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.
If personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing; this also applies to profiling insofar as it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
In connection with the use of information society services, notwithstanding Directive 2002/58/EC, you may exercise your right to object by means of automated procedures using technical specifications.
You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1), unless the processing is necessary for the performance of a task carried out in the public interest.
You can exercise the right to object at any time by contacting the respective controller.
(9) Automated decisions in individual cases including profiling.
You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:
- a.) is necessary for the conclusion or performance of a contract between the data subject and the controller,
- b.) is permitted by legal provisions of the Union or the Member States to which the controller 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
- c.) takes place with the explicit consent of the data subject.
The data subject may exercise this right at any time by contacting the relevant controller.
(10) Right to lodge a complaint with a supervisory authority
They shall also have the right, without prejudice to any other administrative or judicial remedy, to lodge a complaint with a supervisory authority, in particular in the Member State of their residence, place of work or the place of the alleged infringement, if the data subject considers that the processing of personal data relating to them infringes this Regulation.
(11) Right to an effective judicial remedy
You shall have the right to an effective judicial remedy, without prejudice to any available administrative or extrajudicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, if it considers that your rights to which you are entitled under this Regulation have been infringed as a result of the processing of your personal data not in compliance with this Regulation.
Use of Google Analytics(1) This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. If IP anonymization is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator.
(2) The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
(3) You can prevent the storage of cookies by setting your browser software accordingly; we would like to point out to you however that in this case you will if applicable not be able to use all functions of this website in full. You can also prevent the data generated by the cookie and related to your use of the website (including your IP address) being sent to Google and the processing of this data by Google by using the browser plug-in available under the following link. Download and install in: https://tools.google.com/dlpage/gaoptout?hl=de.
(4) This website uses Google Analytics with the extension “_anonymizeIp()”. As a result, IP addresses are further processed in abbreviated form, which means that they cannot be linked to individuals. If the data collected about you has a personal reference, this will be excluded immediately and the personal data will be deleted immediately.
(5) We use Google Analytics to analyze and regularly improve the use of our website. We can use the statistics obtained to improve our offer and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, httpss://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Article 6 Paragraph 1 Clause 1 Letter f GDPR.
(7) This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out using a user ID. You can deactivate the cross-device analysis of your usage in your customer account under “My data”, “Personal data”.
Use of social media plug-ins(1) We currently use the following social media plug-ins: [Xing, LinkedIn]. We use the so-called two-click solution. This means that when you visit our site, no personal data is initially passed on to the providers of the plug-ins. You can recognize the provider of the plug-in by the mark on the box above its initial letter or logo. We open up the possibility for you to communicate directly with the provider of the plug-in via the button. Only if you click on the marked box and thereby activate it, the plug-in provider receives the information that you have called up the corresponding website of our online offer. In addition, the data collected when you visit our website is transmitted. In the case of Facebook and Xing, according to the respective providers in Germany, the IP address is anonymized immediately after collection. By activating the plug-in, personal data is therefore transmitted from you to the respective plug-in provider and stored there (in the case of US providers, in the USA). Since the plug-in provider collects the data in particular via cookies, we recommend that you delete all cookies via your browser’s security settings before clicking on the grayed-out box.
(2) We have no influence on the collected data and data processing operations, nor are we aware of the full scope of data collection, the purposes of processing, the storage periods. We also have no information on the deletion of the collected data by the plug-in provider.
(3) The plug-in provider stores the data collected about you as usage profiles and uses them for purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (also for users who are not logged in) for the display of needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact the respective plug-in provider to exercise this right. Via the plug-ins, we offer you the opportunity to interact with the social networks and other users so that we can improve our offer and make it more interesting for you as a user. The legal basis for the use of the plug-ins is Art. 6 para. 1 p. 1 lit. f DSGVO.
(4) The data transfer takes place regardless of whether you have an account with the plug-in provider and are logged in there. If you are logged in to the plug-in provider, the data we collect is directly assigned to your account with the plug-in provider. If you click the activated button and link to the page, for example, the plug-in provider also saves this information in your user account and shares it publicly with your contacts. We recommend that you log out regularly after using a social network, but especially before activating the button, as this allows you to avoid an assignment to your profile with the plug-in provider.
(5) For further information on the purpose and scope of data collection and processing by the plug-in provider, please refer to the data protection declarations of these providers provided below. There you will also receive further information on your rights in this regard and setting options for protecting your privacy.
(6) Addresses of the respective plug-in providers and URL with their data protection notices:
- a.) Xing AG, Gänsemarkt 43, 20354 Hamburg, DE; https://www.xing.com/privacy.
- b.) LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California 94043, USA; https://www.linkedin.com/legal/privacy-policy. LinkedIn has submitted to the EU-US Privacy Shield, httpss://www.privacyshield.gov/EU-US-Framework.
NewsletterTo receive the newsletters offered on our website, you can register using our form. We use the so-called double opt-in procedure. In this case, a confirmation e-mail will be sent to the e-mail address you provided, asking you to confirm your subscription. The registration will only become effective when you click on the activation link contained in the confirmation e-mail. We will use the data you provide us exclusively for sending the newsletter, which may contain information or offers.
We use CleverReach to send our newsletter. Your data will therefore be transmitted to CleverReach GmbH & Co. KG. CleverReach GmbH & Co. KG is prohibited from using your data for purposes other than sending the newsletter. A passing on or a sale of your data is not permitted to the CleverReach GmbH & Co. KG. CleverReach is a German, certified newsletter software provider, which was carefully selected according to the requirements of the DSGVO (GDPR) and the BDSG.
You can revoke your consent to the storage of data and its use for sending newsletters at any time, e.g. via the unsubscribe link in the newsletters.
Plugins and ToolsOpenStreetMap
We use the map service of OpenStreetMap (OSM). We embed the map material from OpenStreetMap on the server of the OpenStreetMap Foundation, St John’s Innovation Centre, Cowley Road, Cambridge, CB4 0WS, United Kingdom. The United Kingdom is considered a secure third country under data protection law. This means that the United Kingdom has a level of data protection that is equivalent to the level of data protection in the European Union. When using the OpenStreetMap maps, a connection is established to the servers of the OpenStreetMap Foundation. In the process, among other things, your IP address and other information about your behavior on this website may be forwarded to OSMF. OpenStreetMap may store cookies in your browser or use similar recognition technologies for this purpose. The use of OpenStreetMap is in the interest of an appealing presentation of our online offers and an easy location of the places indicated by us on the website. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO ( GDPR). If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a DSGVO (GDPR) and § 25 para. 1 TTDSG (TDPA), insofar as the consent includes the storage of cookies or access to information in the user’s terminal device (e.g. device fingerprinting) within the meaning of the TTDSG (TDPA). The consent can be revoked at any time.