Privacy Policy

When you download and use our software, personal data shall be processed by us as the controller and stored for the duration necessary to fulfil the stated purposes and legal obligations. In the following, we shall inform you concerning the data, the way in which they are processed and the rights you are entitled to.

Personal data (hereinafter also "data" or "information") are pursuant to Article 4 (1) of the General Data Protection Regulation (GDPR) all information relating to an identified or identifiable natural person.

1. Name and contact data of the controller and the data protection officer

This privacy policy applies to the data processing in conncetion with the download and use of the SOFiSTiK software trial versions by the controller

SOFiSTiK AG
Flataustr. 14
90411 Nuremberg

(hereinafter „SOFiSTiK“)

Telephone: +49 911 399010
Mail: info@sofistik.com

The data protection officer of SOFiSTiK can be contacted at the aforementioned address, FAO Data protection officer. You can contact our data protection officer directly at any time if you have any questions about data protection law or your data protection rights.

2. Processing of personal data and purposes of processing

a) Visiting the website

You can visit our website without disclosing information regarding your identity. In the context of any access to our website, however, it is essential that certain personal data are stored on the server of our provider in order to enable the connection to the website. This includes information such as:

• Your client IP address,
• the name and the URL of the file that has been requested,
• the website from which the access has been made,
• the name and the description of the internet browser you have used,
• the date and time of each access.

The information is stored in a so-called log file on the server of our website and is automatically deleted after 4 weeks.

The IP address is processed for technical and administrative purposes of connection establishment and connection stability in order to ensure the security and functionality of our website and to be able to track any illegal attacks if necessary. The information is also used to evaluate the use of the website, to compile reports on website activity and errors.

The legal basis for processing the IP address and other information from the log file is Article 6 (1) lit. f GDPR. Our legitimate interest derives from the security interest mentioned and the need for a trouble-free and user-friendly provision of our website. From the processing of the IP address and other information in the log file, we can not draw any direct conclusions about your identity.

b) creating a SOFiSTiK account

In order to download our trial version, you have to create a SOFiSTiK account. Therefore, we collect some mandatory information, which include:

• email-address,
• first and last name,
• company,
• country,
• settings of country and language.

The purpose of processing the data is to set up your SOFiSTiK account, to identify you as a user, to be able to contact you in case of technical problems, for marketing purposes and to ensure a smooth user experience with our software products. This data processing at your request is necessary for the purpose of our legitimate interests pursuant to Art. 6 (1) lit. f GDPR.

You will receive a registration notification by email, which you need to confirm to activate your SOFiSTiK account (so-called double opt-in). Your email response serves as confirmation that you are in fact the person who issued the registration.

Our service provider Wildbit LLC, https://postmarkapp.com/, (hereinafter “Wildbit”) sends the verification mail to your email-address on our behalf. For this purpose we have concluded a data processing agreement with Wildbit. By signing this agreement, Wildbit undertakes to process the data in compliance with the GDPR and to uphold the rights of all data subjects.

We delete your personal data stored in the SOFiSTiK account after 37 months, unless we are obliged to longer storage under Article 6 (1) lit. c GDPR due to tax- and commercial-law retention and documentation duties or you have consented to a prolonged period under Art. 6 (1) lit. a GDPR.

c) Software improvement program

When you download and use our trial version on your device, our software improvement program is activated by default. As part of the program, we collect some technical information, which include in particular:

• information about your software usage: e.g. frequency and duration of the usage of our applications and error information (e.g.number of crashes)
• information about your operating system, type of the device, display configuration (e.g. model GPU, number and resolution of display),
• information about your regional location, country and language settings.

We collect the information to improve our software with regard to quality, stability, features, and hardware compatibility. We do not share the information with third parties and do not merge this technical information with the personal data processed in the SOFiSTiK account. Insofar as a natural person can be identified when processing the aforementioned technical information, the legal basis is Art. 6 (1) lit. f GDPR. We delete the data collected after 3 years.

If you do not want SOFiSTiK to collect your technical data, you can deactivate this, at any point, for example, via a key in windwos registry or the settings in the SOFiSTiK Application Manager.

d) Newsletter

When you download our trial version, we may use your email-address, even without your express consent, to send you information about similar products or services offered by our company, providing you have not objected to the use of your email address.

The legal basis for processing email addresses of our customers for sending information on similar products or services is Article 6 (1) lit. f GDPR. The processing of personal data for direct marketing purposes is a legitimate interest.

It is possible to unsubscribe from the newsletter at any time. Please use the relevant unsubscribe link that is found in each newsletter or send an email to info@sofistik.de. If you have unsubscribed, your data shall be deleted immediately from our newsletter mailing list.

3. Transfer of data

Except in the aforementioned cases of processing on behalf of us, we shall pass your personal data to third parties only in the following cases:

a) Hosting

We use the services of Aiven Ltd., https://aiven.io/security-compliance, (hereinafter: “Aiven”) and UpCloud Ltd., https://upcloud.com/ (hereinafter: “UpCloud”).

Aiven and Upcloud ensure on our behalf the hosting. For the offer of our services the commissioning of a hosting service is necessary and takes place according to Article 6 (1) lit. f GDPR for the purposes of the legitimate economic interests to make our services available.

We have concluded data processing agreements for the use of hosting services with Aiven and UpCloud. By means of this contract, Aiven and UpCloud assure that they process the data in accordance with the GDPR and ensure the protection of the rights of the data subject.

b) HubSpot

We use HubSpot for our online marketing activities. This is an integrated software solution that covers various aspects of our online marketing. The sign-up service allows visitors to our site to learn more about our business, download content, and provide their contact information and other demographic information. This information is stored on servers of our software partner HubSpot. They can be used by us to connect with visitors to our website and to determine what services our company is interested in. All information we collect is subject to this Privacy Policy. The transfer of data is based on our legitimate interest pursuant to Art. 6 (1) lit. f GDPR to optimize our services.

For more information, visit the HubSpot page: https://legal.hubspot.com/privacy-policy We use all information collected solely to optimize our marketing.

HubSpot is a US-based software company with a presence in Ireland. Contact: HubSpot, 2nd Floor 30 North Wall Quay, Dublin 1, Ireland, Phone: +353 1 5187500, www.hubspot.com. HubSpot is covered by the TRUSTe's Privacy Seal. We have concluded a data processing agreement with HubSpot. By signing this agreement, HubSpot undertakes to process the data in compliance with the GDPR and to uphold the rights of all data subjects.

c) Other transfer

Otherwise, we shall only pass on your personal data to third parties if:

• you have given your express consent pursuant to Art. 6 (1) lit. a GDPR;
• the transfer is necessary pursuant to Article 6 (1) lit. c GDPR for compliance with a legal obligation.

The data transferred may only be used by the third party for pre-determined purposes.

4. Recognition of the rights of data subjects

You have the right,

• pursuant to Article 7 (3) GDPR, to withdraw the consent you have given us at any time. As a consequence of this, we may no longer perform the data processing based on this consent in the future;
• pursuant to Article 15 GDPR, to obtain information about your personal data processed by us. In particular, you can request information about the purpose of processing, the category of the personal data, the categories of recipients, to whom your data were or will be disclosed, the planned duration of storing, the existence of a right to correction, erasure, restriction of processing or objection, existence of the right to complain, the origin of your data insofar as they were not collected by us, as well as the existence of automated decision making including profiling and if required, meaningful information relating to the details of this.
• pursuant to Article 16 GDPR, to obtain immediate correction of incorrect data or the completion of your personal data which we have stored;
• pursuant to Article 17 GDPR, you may obtain the erasure of the personal data we have stored, where processing is not required for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, for the establishment, exercise or defence of legal claims;
• pursuant to Article 18 GDPR, to obtain the restriction of processing, where the accuracy of the personal data is contested by you, the processing is unlawful, however you oppose the erasure of the personal data, and we no longer need the data, however you require them for the establishment, exercise or defence of legal claims, or you have objected to the processing pursuant to Article 21 of the GDPR;
• pursuant to Article 20 GDPR, to receive the personal data you have provided to us in a structured, commonly used and machine-readable format, or to transmit those data to another controller;
• pursuant to Article 77 GDPR, to lodge a complaint to a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or work or our company headquarters.

Information regarding your right to object pursuant to Article 21 GDPR

You have the right at any time, on grounds relating to your particular situation, to object and prevent the processing of personal data concerning you pursuant to Article 6 (1) lit. e GDPR (Data processing in the public interest) and Article 6 (1) lit. f GDPR (Data processing on the basis of a balance of interest); this also applies to profiling based on the provision of Article 4 (4) GDPR.

If you file an objection, we shall no longer process your data, unless we are able to provide proof of compelling and legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing serves the purpose of exercising, enforcing or defending of legal rights.

Insofar as your objection is directed against the processing of data for direct marketing purposes, we shall stop processing immediately. In this case, the specification of a particular situation is not required. This also applies to profiling insofar as it is associated with such direct advertising.

If you would like to exercise your right to object, just send an email to info@sofistik.com

5. Data security

We use appropriate technical and organisational security measures to protect your data against accidental or deliberate manipulation, partial or complete loss, destruction, or unauthorised access by third parties. Our security measures are continually improved in line with technical developments.

6. Timeliness of the Privacy Policy

This privacy policy is currently valid and is dated March 2020. The further development of our software products or changed due to statutory or regulatory requirements, respectively, may make it necessary to amend this privacy policy.