privacy policy

This privacy policy explains the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the associated websites, functions and content as well as external online presences, such as our social media profiles (hereinafter jointly referred to as “online offering”). With regard to the terms used, such as “processing” or “controller”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

responsible person

MW IT Solution GmbH

Manuel Wieschollek

In der Büg 7

91330 Eggolsheim

Phone: 0176/21323452

Email: info@mw-it-solution.bayern

Types of data processed:

• Inventory data (e.g. names, addresses).
•  Contact details (e.g., email, telephone numbers).
• Content data (e.g., text entries, photographs, videos).
• Usage data (e.g., websites visited, interest in content, access times).
•  Meta/communication data (e.g., device information, IP addresses).

categories of data subjects

Visitors and users of the online offer (hereinafter we refer to the persons concerned collectively as “users”).

purpose of processing

– Provision of the online offer, its functions and contents.

– Answering contact requests and communicating with users.

– Security measures.

– reach measurement/marketing

Terms used

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “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. a 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 on personal data or on sets of personal data, whether or not by automated means. The term is broad and covers virtually any handling of data.

‘Pseudonymisation’ means the processing of personal data in such a manner 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 separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

‘Profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

The “controller” means the natural or legal person, public authority, agency or other body which alone or jointly with others decides on the purposes and means of the processing of personal data.

“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Relevant legal bases

In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 GDPR, the legal basis for processing to fulfill our services and carry out contractual measures as well as answering inquiries is Art. 6 Para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 Para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 Para. 1 lit. d GDPR serves as the legal basis.

security measures

In accordance with Art. 32 GDPR, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk, 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.

The measures include in particular ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access to it, input, transfer, ensuring availability and separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, deletion of data and response to data threats. Furthermore, we take the protection of personal data into account when developing or selecting 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).

cooperation with processors and third parties

If, as part of our processing, we disclose data to other persons and companies (contract processors 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 payment service providers, is necessary to fulfill the contract in accordance with Art. 6 Para. 1 lit. b GDPR), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, 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.

transfers to third countries

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 as part of the use of third-party services or disclosure or transmission of data to third parties, this will only occur if it is necessary to fulfil our (pre)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or have data processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”).

rights of the data subjects

You have the right to request confirmation as to whether or not data concerning you is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

According to Art. 16 GDPR, you have the right to request that the data concerning you be completed or that inaccurate data concerning you be corrected.

In accordance with Art. 17 GDPR, you have the right to request that the data in question be deleted immediately or, alternatively, to request that the processing of the data be restricted in accordance with Art. 18 GDPR.

You have the right to request that we receive the data concerning you that you have made available to us in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.

You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 GDPR.

right of withdrawal

You have the right to revoke consent granted in accordance with Art. 7 Para. 3 GDPR with effect for the future

right of objection

You can object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. The objection can be made in particular against processing for direct marketing purposes.

Cookies and the right to object to direct advertising

“Cookies” are small files that are saved on users’ computers. Different information can be saved within cookies. A cookie is primarily used to save information about a user (or the device on which the cookie is saved) during or after their visit to an online service. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online service and closes their browser. Such a cookie can store, for example, the contents of a shopping cart in an online shop or a login status. “Permanent” or “persistent” cookies are cookies that remain saved even after the browser is closed. For example, the login status can be saved if the user visits the site several days later. Likewise, the interests of the user can be saved in such a cookie and used for reach measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the controller who operates the online service (otherwise, if they are only their cookies, they are referred to as “first-party cookies”).

We may use temporary and permanent cookies and explain this in our privacy policy.

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. The exclusion of 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 services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, cookies can be blocked by deactivating them in the browser settings. Please note that in this case, not all functions of this website may be available.

deletion of data

The data we process is deleted or restricted in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this privacy policy, the data stored by us is deleted as soon as it is no longer required for its intended purpose and there are no statutory retention periods that prevent deletion. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.

According to legal requirements in Germany, storage takes place in particular for 10 years in accordance with Sections 147 Para. 1 AO, 257 Para. 1 No. 1 and 4, Para. 4 HGB (books, records, management reports, accounting documents, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with Section 257 Para. 1 No. 2 and 3, Para. 4 HGB (commercial letters).

According to legal requirements in Austria, storage takes place in particular for 7 years in accordance with Section 132 Paragraph 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statements of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the Mini One Stop Shop (MOSS) is used.

Business-related processing

In addition, we process

– Contract data (e.g., subject matter of the contract, term, customer category).

– Payment data (e.g. bank details, payment history)

from our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

order processing in the online shop and customer account

We process our customers’ data as part of the ordering process in our online shop in order to enable them to select and order the selected products and services, as well as to pay for and deliver them or execute them.

The data processed includes inventory data, communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties and other business partners. The processing is carried out for the purpose of providing contractual services in the context of operating an online shop, billing, delivery and customer services. We use session cookies to store the shopping cart contents and permanent cookies to store the login status.

The processing is carried out on the basis of Art. 6 Paragraph 1 Letter b (execution of order processes) and c (legally required archiving) GDPR. The information marked as required is necessary to establish and fulfill the contract. We only disclose the data to third parties in the context of delivery, payment or within the scope of legal permissions and obligations to legal advisors and authorities. The data is only processed in third countries if this is necessary to fulfill the contract (e.g. at the customer’s request during delivery or payment).

Users can optionally create a user account, in particular where they can view their orders. During registration, the required mandatory information is communicated to users. User accounts are not public and cannot be indexed by search engines. If users have canceled their user account, their data relating to the user account will be deleted, provided that their retention is necessary for commercial or tax law reasons in accordance with Art. 6 Paragraph 1 Letter c of GDPR. Information in the customer account remains until it is deleted and then archived in the event of a legal obligation. It is the responsibility of users to back up their data before the end of the contract if the contract is canceled.

When registering and re-registering, as well as using our online services, we save the IP address and the time of the respective user action. The data is saved on the basis of our legitimate interests, as well as the user’s interests in protection against misuse and other unauthorized use. This data is generally not passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 Paragraph 1 Letter c of GDPR.

Deletion occurs after expiry of statutory warranty and comparable obligations, the necessity of retaining the data is reviewed every three years; in the case of statutory archiving obligations, deletion occurs after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligation).

agency services

We process our customers’ data as part 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.

We process inventory 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 the contract, term), payment data (e.g. bank details, payment history), usage and metadata (e.g. in the context of the evaluation and measurement of the success of marketing measures). We do not process special categories of personal data unless these are part of a commissioned processing. Those affected include our customers, interested parties and their customers, users, website visitors or employees as well as third parties. The purpose of the processing is to provide contractual services, billing and our customer service. The legal basis for the processing arises from Art. 6 Para. 1 lit. b GDPR (contractual services), Art. 6 Para. 1 lit. f GDPR (analysis, statistics, optimization, security measures). We process data that is necessary to justify and fulfill the contractual services and point out the necessity of providing it. Disclosure to external parties only occurs if it is necessary within the scope of an order. When processing the data provided to us within the scope of an order, we act in accordance with the instructions of the client and the legal requirements for order processing in accordance with 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 statutory warranty and similar obligations. The necessity of storing the data is reviewed every three years; in the case of statutory archiving obligations, deletion takes place after their expiry (6 years, according to Section 257 Para. 1 HGB, 10 years, according to Section 147 Para. 1 AO). In the case of data that was disclosed to us by the client as part of an order, we delete the data in accordance with the specifications of the order, generally after the end of the order.

Contractual Services

We process the data of our contractual partners and interested parties as well as other clients, customers, clients, or contractual partners (collectively referred to as “contractual partners”) in accordance with Art. 6 Paragraph 1 Letter b. GDPR in order to provide them with our contractual or pre-contractual services. The data processed here, 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 contract data (e.g. services used, contract contents, contractual communication, names of contact persons) and payment data (e.g. bank details, payment history).

As a general rule, we do not process special categories of personal data unless they are part of commissioned or contractual processing.

We process data that is necessary to establish and fulfill the contractual services and point out the necessity of providing this information if this is not obvious to the contractual partners. Disclosure to external persons or companies only occurs if it is required within the framework of a contract. When processing the data provided to us within the framework of an order, we act in accordance with the instructions of the client and the legal requirements.

When using our online services, we can save 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 the users in protection against misuse and other unauthorized use. This data is generally not passed on to third parties unless it is necessary to pursue our claims in accordance with Art. 6 Para. 1 lit. f. GDPR or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c. GDPR.

The data will be deleted when the data is no longer required to fulfil contractual or statutory duties of care or to deal with any warranty or similar obligations, whereby the necessity of retaining the data is reviewed every three years; otherwise, the statutory retention periods apply.

contact

When you contact us (e.g. via contact form, email, telephone or via social media), the user’s details are processed to process the contact request and its handling in accordance with Art. 6 Paragraph 1 Letter b) of GDPR. Users’ details may be stored in a customer relationship management system (“CRM system”) or comparable inquiry organization.

We delete the requests if they are no longer required. We check the necessity every two years; statutory archiving obligations also apply.

hosting and email delivery

The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, e-mail sending, security services and technical maintenance services, which we use for the purpose of operating this online offering.

In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in the efficient and secure provision of this online offer in accordance with Art. 6 Para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing contract).

collection of access data and log files

We, or rather our hosting provider, collect data on every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Art. 6 Paragraph 1 Letter f. GDPR. The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.

Log file information is stored for security reasons (e.g. to investigate misuse or fraud) for a maximum of 7 days and then deleted. Data that needs to be retained for evidentiary purposes is exempt from deletion until the respective incident has been finally resolved.

online presence in social media

We maintain online presences within social networks and platforms in order to communicate with customers, interested parties and users active there and to inform them about our services. When you access the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.

Unless otherwise stated in our privacy policy, we process users’ data if they communicate with us within the social networks and platforms, e.g. by writing posts on our online presence or sending us messages.

Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke