Data protection declaration

We are very pleased about your interest in our company. The management of S+S SoftwarePartner GmbH attaches great importance to data protection. It is possible to use the S+S SoftwarePartner GmbH website without providing any personal data. However, if a person concerned wishes to make use of special services offered by our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned.

The processing of personal data, for example the name, address, e-mail address or telephone number of a person concerned, is always carried out in accordance with the basic data protection regulation and in compliance with the country-specific data protection regulations applicable to S+S SoftwarePartner GmbH. By means of this data protection declaration, our company wishes to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, this data protection declaration informs affected persons about the rights to which they are entitled.

S+S SoftwarePartner GmbH, as the person responsible for processing, has implemented numerous technical and organisational measures to ensure that the personal data processed via this website is protected as completely as possible. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as by telephone.

1. Name and address of the data controller

The person responsible within the meaning of the Basic Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

S+S SoftwarePartner GmbH
Haldemer Straße 64
32351 Stemwede
Germany
Phone.: +49 5474 936-0
E-Mail: info@softwarepartner.net
Website: www.softwarepartner.net

2. Name and address of the data protection officer

The data protection officer of the data controller is:

Sergej Janzen
S+S SoftwarePartner GmbH
Haldemer Straße 64
32351 Stemwede
Germany
Phone: +49 5474 936-0
E-Mail: dsba@softwarepartner.net
Website: www.softwarepartner.net

Every person concerned can contact our data protection officer directly at any time with all questions and suggestions concerning data protection.

3. Cookies

We use so-called cookies with our website. Cookies are small text files or other storage technologies that are placed and stored on your end device by the internet browser you use. These cookies are used to process certain information about you on an individual basis, such as your browser or location data or your IP address.
This processing makes our website more user-friendly, effective and secure, as the processing enables, for example, the reproduction of our website in different languages or the offer of a shopping cart function.
The legal basis for this processing is Art. 6 para. 1 lit b) DSGVO, insofar as these cookies data are processed for the purpose of initiating or executing a contract.
If the processing does not serve to initiate or execute a contract, our legitimate interest lies in improving the functionality of our website. In this case, the legal basis is Art. 6 para. 1 lit. f) DSGVO.
a) Third-party cookies
Where applicable, cookies from partner companies with which we cooperate for the purpose of advertising, analysis or the functionalities of our website are also used with our website.
Please refer to the following information for details on this, in particular the purposes and legal basis of the processing of such third-party cookies.
b) Removal option
You can prevent or restrict the installation of cookies by setting your internet browser. You can also delete cookies that have already been stored at any time. However, the steps and measures required for this depend on the specific Internet browser you use. If you have any questions, please use the help function or documentation of your Internet browser or contact its manufacturer or support. In the case of so-called Flash cookies, however, processing cannot be prevented via the browser settings. Instead, you must change the settings of your Flash player. The steps and measures required for this also depend on the specific Flash player you use. If you have any questions, please also use the help function or documentation of your Flash player or contact the manufacturer or user support.
However, if you prevent or restrict the installation of cookies, this may mean that not all functions of our website can be fully used.

4. Collection of general data and information

The website of S+S SoftwarePartner GmbH collects a number of general data and information every time the website is accessed by a person concerned or by an automated system. This general data and information is stored in the server log files. The following can be recorded: (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of an access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information which serve to prevent danger in the event of attacks on our information technology systems.

When using this general data and information, S+S SoftwarePartner GmbH does not draw any conclusions about the person concerned. Rather, this information is required in order to (1) deliver the contents of our website correctly, (2) optimise the contents of our website and the advertising for it, (3) ensure the permanent operability of our information technology systems and the technology of our website, and (4) provide law enforcement agencies with the information necessary for prosecution in the event of a cyber attack. These anonymously collected data and information are therefore statistically evaluated by S+S SoftwarePartner GmbH on the one hand and also with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.

5. SSL- bzw. TLS-Encoding

For security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognise an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.

If SSL or TLS encoding is activated, the data you transmit to us cannot be read by third parties.

6. How to contact us via the website

Data transmitted via the contact form, including your contact details, are stored in order to be able to process your enquiry or to be available for follow-up questions. This data will not be passed on without your consent.
The data entered in the contact form is processed exclusively on the basis of your consent (Art. 6 para. 1 lit. a DSGVO). You may revoke your consent at any time. An informal communication by e-mail is sufficient for the revocation. The legality of the data processing operations carried out until the revocation remains unaffected by the revocation.
Data transmitted via the contact form will remain with us until you request us to delete it, revoke your consent to store it or there is no longer any need to store the data. Mandatory legal provisions – in particular retention periods – remain unaffected.

7. Disclosure of data to third parties

HubSpot

Our sign-up service allows visitors to our website to learn more about our company, download content and provide their contact information and other demographic information. This information is stored on servers run by our software partner HubSpot. It may be used by us to contact visitors to our website and to determine which of our company’s services are of interest to them. All information we collect is subject to this privacy policy. We use all information collected solely to optimise our marketing.
We use HubSpot for our online marketing activities. This is an integrated software solution that we use to cover various aspects of our online marketing. These include:

  • Content management (website and blog)
  • Email marketing (newsletters and automated mailings, e.g. to provide downloads)
  • Social media publishing & reporting
  • Reporting (e.g. traffic sources, hits, etc. …)
  • Contact management (e.g. user segmentation & CRM)
  • Landing pages and contact forms

Our sign-up service allows visitors to our website to learn more about our portal, download content and provide their contact information and other demographic information.
This information, as well as our website content, is stored on servers operated by our software partner HubSpot. It may be used by us to contact visitors to our website and to determine which services or offers are of interest to them.
All information we collect is subject to this privacy policy. We use all information collected solely to optimise our marketing.
HubSpot is a software company based in the USA with a branch in Ireland.
Contact us:
HubSpot
2nd Floor, 30 North Wall Quay
Dublin 1, Ireland
Phone: +353 1 5187500
As a transfer of personal data to the USA takes place, further protection mechanisms are required to ensure the level of data protection of the GDPR. To ensure this, we have agreed standard data protection clauses with the provider in accordance with Art. 46 (2) lit. c DSGVO. These oblige the recipient of the data in the USA to process the data in accordance with the level of protection in Europe. In cases where this cannot be ensured even by this contractual extension, we endeavour to obtain additional regulations and assurances from the recipient in the USA.

Social plugins
Nature and purpose of processing: Our websites use social plugins from the providers listed below.
providers listed below. You can recognise the plugins by the fact that they are marked with the
corresponding logo. Information, which may also include personal data, may be sent to the service provider via these plugins and may be used by the service provider. We prevent the unconscious and
unintentional collection and transmission of data to the service provider by means of a 2-click solution. To activate a desired social plugin, it must first be activated by clicking on the corresponding button. Only this activation of the plugin also triggers the collection of information and its transmission to the service provider. We ourselves do not collect any personal data by means of the social plugins or about their use. We have no influence on what data an activated plugin collects and how it is used by the provider. At present, it must be assumed that a direct connection to the services of the provider is established and that at least the IP address and device-related information is collected and used. There is also possibility that the service providers attempt to save cookies on the computer used. Please refer to the data protection information of the respective service provider to find out which specific data is collected and how it is used. Note: If you are logged into Facebook at the same time, Facebook can identify you as a visitor to a particular page. We have integrated the social media buttons of the following companies on our website:

Facebook
Plugins of the social network Facebook, provider Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA, are integrated on our pages. You can recognise the Facebook plugins by the Facebook logo or the “Like” button on our site. You can find an overview of the Facebook plugins here: https://developers.facebook.com/docs/plugins/.
When you visit our pages, a direct connection is established between your browser and the Facebook server via the plugin. Facebook thereby receives the information that you have visited our site with your IP address. This enables Facebook to assign your visit to our pages to your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Facebook. For more information, please see Facebook’s privacy policy at https://dede.facebook.com/policy.php. If you do not wish Facebook to be able to associate your visit to our pages with your Facebook user account, please log out of your Facebook user account.

LinkedIn
Our website uses functions of the LinkedIn network. The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Each time one of our pages containing LinkedIn functions is accessed, a connection to LinkedIn servers is established. LinkedIn is informed that you have visited our website with your IP address. If you click on the LinkedIn “Recommend” button and are logged into your
If you click on the LinkedIn “Recommend” button and are logged into your LinkedIn account, it is possible for LinkedIn to associate your visit to our website with you and your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by LinkedIn. For further information, please refer to LinkedIn’s privacy policy at: https://www.linkedin.com/legal/privacy-policy.

Xing
Our website uses functions of the XING network. The provider is XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany. Each time one of our pages containing Xing functions is called up, a connection to Xing servers is established. As far as we are aware, no personal data is stored in this process. In particular, no IP addresses are stored or usage behaviour evaluated.
Further information on data protection and the Xing Share button can be found in Xing’s data protection declaration at: https://www.xing.com/app/share?op=data_protection.

YouTube
Our website uses YouTube plugins for the integration and display of video content. The provider of the video portal is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA.
When a page with an integrated YouTube plugin is called up, a connection to the YouTube servers is established. This tells YouTube which of our pages you have accessed. YouTube can assign your surfing behaviour directly to your personal profile if you are logged into your YouTube account. You can prevent this by logging out first. YouTube is used in the interest of an appealing presentation of our online offers. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO. Details on the handling of user data can be found in YouTube’s privacy policy at: https://www.google.de/intl/de/policies/privacy.

Google Calendar

This site uses the calendar service Google Calendar via an API. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
To use the functions of Google Calendar, it is necessary to store your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transmission.
Google Calendar is used in the interest of an attractive presentation of our online offers and to make it easy to find the dates and events we offer. This represents a legitimate interest within the meaning of Art. 6 Para. 1 lit. f DSGVO.
More information on the handling of user data can be found in Google’s privacy policy.

Calendly

For the arrangement of appointments we use the online appointment calendar “Calendly”, of the provider Calendly, LLC, 3423 Piedmont Road NE, Atlanta, GA 30305-1754, United States. Calendly shows you available appointments. After selecting your preferred date, you will be asked to enter your contact details (name, email address and company). The e-mail address is required to confirm the appointment. The data processing for the purpose of contacting us is based on your voluntarily given consent according to Art. 6 para. 1 p. 1 lit. a DSGVO. The personal data collected by us for the appointment will be automatically deleted after the appointment and the completion of your request. If your enquiry is aimed at concluding a contract, Art. 6 para. 1 p. 1 lit. b) DSGVO serves as the legal basis. In this case, we store your data for the duration of the statutory retention periods. We have concluded an order processing agreement and the EU standard data protection clauses with Calendly. Further information on Calendly and data protection at Calendly can be found here: https://calendly.com/pages/privacy

8. Routine deletion and blocking of personal data

The controller shall process and store personal data relating to the data subject only for the period of time necessary to achieve the purpose for which the data are stored or if provided for by the European Directive and Regulation or any other legislator in laws or regulations to which the controller is subject.

If the purpose of storage ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or another competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.

9. Rights of the data subject

a) Right to confirmation
Every data subject has the right, granted by the European Directives and Regulations, to obtain confirmation from the controller as to whether personal data relating to him are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.

b) Right to information
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain at any time and free of charge from the controller information on the personal data stored in relation to him or her and a copy thereof. Furthermore, the European Directive and Regulation Giver has granted the data subject access to the following information:

  • the purposes of processing
  • the categories of personal data processed
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or international organisations
  • 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 of rectification or erasure of personal data relating to them or of a right of objection to their processing by the controller
  • the existence of a right of appeal to 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(1) and (4) of the DPA and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject

The data subject shall also have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in relation to the transfer.

If a data subject wishes to exercise this right of access, he or she may at any time contact an employee of the controller.

c) Right to correction
Every person concerned by the processing of personal data has the right, granted by the European legislator, to request the rectification without delay of inaccurate personal data concerning him. The data subject shall also have the right to request the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing.

If a data subject wishes to exercise this right of rectification, he or she may at any time contact an employee of the controller.

d) Right of cancellation (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate erasure of personal data relating to him/her, where one of the following reasons applies and where the processing is not necessary:

  • The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
  • The data subject withdraws the consent on which the processing was based under Article 6(1)(a) of the DSGVO or Article 9(2)(a) of the DSGVO, and there is no other legal basis for the processing.
  • The data subject lodges an objection to the processing pursuant to Article 21(1) DSGVO and there are no overriding legitimate reasons for the processing, or the data subject lodges an objection to the processing pursuant to Article 21(2) DSGVO.
  • The personal data were processed unlawfully.
  • The deletion of the personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
  • The personal data were collected in relation to information society services offered in accordance with Article 8 (1) DSGVO.

If one of the above reasons applies and a data subject wishes to have personal data stored by S+S SoftwarePartner GmbH deleted, he or she may contact an employee of the data controller at any time. The employee of S+S SoftwarePartner GmbH will ensure that the request for deletion is complied with immediately.

If the personal data has been made public by S+S SoftwarePartner GmbH and our company, as the responsible party, is obliged to delete the personal data in accordance with Article 17 Paragraph 1 of the DSGVO, S+S SoftwarePartner GmbH will take appropriate measures, including technical measures, taking into account the available technology and implementation costs, to inform other data controllers who process the published personal data that the data subject has requested that these other data controllers delete all links to this personal data or copies or replications of this personal data, insofar as the processing is not necessary. The employee of S+S SoftwarePartner GmbH will take the necessary steps in individual cases.

e) Right to limit processing
Any person affected by the processing of personal data has the right granted by the European Directives and Regulations to request the controller to restrict the processing if one of the following conditions is met:

  • The accuracy of the personal data is contested by the data subject, for a period of time that allows the controller to verify the accuracy of the personal data.
  • The processing is unlawful, the data subject refuses to have the personal data deleted and instead requests that the use of the personal data be restricted.
  • The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to assert, exercise or defend legal claims.
  • The data subject has lodged an objection to the processing in accordance with Article 21 (1) of the DSGVO and it is not yet clear whether the legitimate reasons given by the controller outweigh those of the data subject.

If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored by S+S SoftwarePartner GmbH, he/she may contact an employee of the data controller at any time. The employee of S+S SoftwarePartner GmbH will arrange for the restriction of the processing.

f) Right to data transferability
Every person concerned by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her which have been provided by the data subject to a controller in a structured, common and machine-readable format. He/she also has the right to have this data communicated to another controller without hindrance by the controller to whom the personal data has been made available, provided that the processing is based on the consent pursuant to Art. 6(1)(a) DSGVO or Art. 9(2)(a) DSGVO or on a contract pursuant to Art. 6(1)(b) DSGVO and that the processing is carried out by means of automated procedures, unless the 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.

Furthermore, when exercising their right to data transfer, the data subject has the right, in accordance with Art. 20, paragraph 1 of the DSGVO, to obtain that the personal data be transferred directly from one person responsible to another, as far as this is technically feasible and provided that this does not affect the rights and freedoms of other persons. In order to assert the right to data transfer, the person concerned can contact an employee of S+S SoftwarePartner GmbH at any time.

g) Right of appeal
Every person concerned by the processing of personal data has the right, granted by the European legislator for directives and regulations, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out on the basis of Article 6 paragraph 1 letters e or f of the DSGVO. This also applies to profiling based on these provisions.

In the case of an objection, S+S SoftwarePartner GmbH will no longer process the personal data unless we can prove compelling reasons for processing worthy of protection that outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims.

If S+S SoftwarePartner GmbH processes personal data in order to carry out direct advertising, 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 connected with such direct advertising. If the data subject objects to S+S SoftwarePartner GmbH processing for the purposes of direct marketing, S+S SoftwarePartner GmbH will no longer process the personal data for these purposes.

In addition, the data subject has the right to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out at S+S SoftwarePartner GmbH for scientific or historical research purposes or for statistical purposes in accordance with Article 89 paragraph 1 of the DSGVO, unless such processing is necessary for the performance of a task carried out in the public interest.

To exercise the right to object, the data subject may directly contact any employee of S+S SoftwarePartner GmbH or any other employee. The data subject shall also be free to exercise his/her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.

h) Automated decisions in individual cases including profiling
Every person concerned by the processing of personal data has the right, as granted by the European Directives and Regulations, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or national legislation to which the controller is subject and that such legislation provides for adequate safeguards of the rights and freedoms and legitimate interests of the data subject, or (3) is taken with the explicit consent of the data subject.

If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data controller or (2) is made with the express consent of the data subject, S+S SoftwarePartner GmbH shall take reasonable measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a person on the part of the data controller, to present its own position and to contest the decision.

If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact an employee of the controller.

i) Right to revoke a data protection consent
Every person affected by the processing of personal data has the right granted by the European Directives and Regulations to revoke his or her consent to the processing of personal data at any time.

If the data subject wishes to exercise his or her right to withdraw consent, he or she may at any time contact an employee of the controller.

10. Data protection for applications and the application process

The controller collects and processes the personal data of applicants for the purpose of processing the application procedure. The processing may also be carried out by electronic means. This is particularly the case if an applicant submits the relevant application documents to the controller electronically, for example by e-mail or via a web form on the website. If the data controller concludes an employment contract with an applicant, the transmitted data is stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents shall be automatically deleted two months after notification of the rejection decision, unless deletion is contrary to any other legitimate interests of the controller. Other legitimate interests in this sense include, for example, a duty of proof in proceedings under the General Equal Treatment Act (AGG).

11. Legal basis of the processing

Art. 6 I lit. a DSGVO serves our company as a legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b DSGVO. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c DSGVO. In rare cases, the processing of personal data may be necessary 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 was injured and his or her name, age, health insurance details or other vital information had to be disclosed to a doctor, hospital or other third party. The processing would then be based on Art. 6 I lit. d DSGVO. Finally, processing operations could be based on Art. 6 I lit. f DSGVO. Processing operations which are not covered by any of the above legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 DSGVO).

12. Legitimate interests in the processing pursued by the controller or a third party

If the processing of personal data is based on Article 6 I lit. f DSGVO, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.

13. Duration for which the personal data are stored

The criterion for the duration of storage of personal data is the respective legal retention period. After expiry of this period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment of the contract or the initiation of a contract.

14. Legal or contractual provisions making the personal data available; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data

We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a data subject provides us with personal data, which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded. Before the person concerned makes personal data available, he or she must contact one of our employees. Our employee will inform 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 the consequences would be if the personal data were not provided.