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Privacy Policy Statement of SOFiSTiK AG

The protection of your personal data is of particular concern to us. We therefore process your personal data (in short "data") exclusively on the basis of the statutory provisions. With this privacy policy we want to inform you about the processing of your data in our company and the data protection claims and rights to which you are entitled comprehensively in the sense of Art. 13 of the European Data Protection Regulation (EU GDPR).

 

1. Who is responsible for data processing and who can you contact?

Responsible is

SOFiSTiK AG

Flataustr. 14

90411 Nuremberg

Phone: + 49 911 399010

E-Mail: info@sofistik.com

The company data protection officer is

Eva-Daniela Jung, my-dsb.com UG (haftungsbeschränkt)

Neue Mainzer Straße 6-10

60311 Frankfurt am Main

E-Mail: jung@dsqm.org

 

2. What data are processed and from which sources do these data originate?

We process the data that we have received from you in the course of initiating or executing a contract, on the basis of your consent, or in the course of your application to us or your employment with us.

 

2.1 Personal data includes:

  • Your master/contact data, which for customers includes, for example, first and last name, address, contact details (email address, telephone number), bank details.
  • For applicants and employees, this includes, for example, first and last name, address, contact details (email address, telephone number), date of birth, data from CVs and references, bank details, religious affiliation, and photographs.
  • For business partners, this includes, for example, the names of their legal representatives, company name, commercial register number, VAT ID number, company number, address, contact details of contact persons (email address, telephone number), and bank details.
  • For visitors to our company, this includes their name and signature.
  • For competition participants, this includes their first and last name and email address.

     

2.2 In addition, we also process the following other personal data:

  • Information about the type and content of contract data, order data, sales and receipt data, customer and supplier history, as well as consulting documents, advertising and sales data, information from your electronic communication with us (e.g., IP address, log-in data),
  • Other data that we have received from you in the course of our business relationship (e.g., in customer meetings), data that we generate ourselves from master/contact data and other data, e.g., by means of customer needs and customer potential analyses,
  • The documentation of your declaration of consent to receive, for example, newsletters or photographs taken at events.

3. Server log files:

  • The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us.

    This includes:
     
    • Date and time of the request, name of the requested file,
    • Page from which the file was requested,
    • Access status (file transferred, file not found, etc.),
    • Web browser and operating system used, full IP address of the requesting computer, amount of data transferred.
  • This data is not merged with other data sources. Processing is carried out in accordance with Art. 6 (1) lit. f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website.
  • For reasons of technical security, in particular to defend against attempts to attack our web server, we store this data for a short period of time. It is not possible for us to draw conclusions about individual people based on this data. After seven days at the latest, the data is anonymized by shortening the IP address at domain level so that it is no longer possible to establish a connection to individual users.
  • The data is also processed in anonymized form for statistical purposes; it is not compared with other data sets or passed on to third parties, even in excerpts.

4. For what purposes and on what legal basis is the data processed?

We process your data in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act 2018, as amended:
 

4.1 To fulfill (pre-)contractual obligations (Art. 6 (1) (b) GDPR):
Your data is processed for the purpose of contract execution online or in one of our branches, for the purpose of contract execution with your employees in our company. The data is processed in particular during the initiation of business and during the execution of contracts with you.
 

4.2 To fulfill legal obligations (Art. 6 (1) (c) GDPR):
The processing of your data is necessary for the purpose of fulfilling various legal obligations, e.g., under the German Commercial Code or the German Fiscal Code.
 

4.3 To safeguard legitimate interests (Art. 6 (1) (f) GDPR):
Based on a balancing of interests, data processing may take place beyond the actual fulfillment of the contract in order to protect the legitimate interests of us or third parties. Data processing to protect legitimate interests takes place, for example, in the following cases:

  • Advertising or marketing (see No. 4),
  • Measures for business management and further development of services and products,
  • Maintaining a group-wide customer database to improve customer service,
  • Within the scope of legal prosecution,
  • Sending non-promotional information and press releases.
     

4.4 Within the scope of your consent (Art. 6 (1) (a) GDPR):
If you have given us your consent to process your data, e.g. to send you our newsletter, publish photos, competitions, etc.
 

4.5 Processing of personal data for advertising purposes

  • You can object to the use of your personal data for advertising purposes at any time, either in whole or for individual measures, without incurring any costs other than the transmission costs according to the basic rates.
  • Under the legal requirements of Section 7 (3) UWG (German Unfair Competition Act), we are entitled to use the email address you provided when concluding the contract for direct advertising for our own similar goods or services. You will receive these product recommendations from us regardless of whether you have subscribed to a newsletter.
  • If you do not wish to receive such recommendations from us by email, you can object to the use of your address for this purpose at any time without incurring any costs other than the transmission costs according to the basic rates. A notification in text form is sufficient for this purpose. Of course, every email always contains an unsubscribe link.

5. Am I obliged to provide data?

The processing of your data is necessary for the conclusion or fulfillment of your contract with us. If you do not provide us with this data, we will generally have to refuse to conclude the contract or will no longer be able to perform an existing contract and will therefore have to terminate it. However, you are not obliged to give your consent to data processing with regard to data that is not relevant to the fulfillment of the contract or not required by law.

6. Who receives my data?

  • If we use a service provider for order processing, we remain responsible for the protection of your data. All processors are contractually obliged to treat your data confidentially and to process it only within the scope of the service provision. The processors commissioned by us receive your data if they need it to perform their respective services. These include, for example, IT service providers that we need for the operation and security of our IT system, as well as advertising and address publishers for our own advertising campaigns.
  • Your data is processed in our customer database. The customer database supports the improvement of the data quality of existing customer data.
  • This data is made available to the group companies if necessary for contract processing. Customer data is stored separately for each company, with our parent company acting as a service provider for the individual participating companies.
  • In the event of a legal obligation and in the context of legal proceedings, authorities, courts, and external auditors may be recipients of your data.
  • In addition, insurance companies, banks, credit agencies, and service providers may be recipients of your data for the purpose of initiating and fulfilling contracts.

7. How long will my data be stored?

We process your data until the end of the business relationship or until the expiry of the applicable statutory retention periods (e.g. from the German Commercial Code, the German Fiscal Code, or the German Working Hours Act); in addition, until the end of any legal disputes in which the data is required as evidence.

8. Is personal data transferred to a third country?

As a matter of principle, we do not transfer any data to a third country. In individual cases, a transfer will only take place on the basis of an adequacy decision by the European Commission, standard contractual clauses, appropriate safeguards, or your express consent.

9. Security

We have taken technical and administrative security measures to protect your personal data against loss, destruction, manipulation, and unauthorized access. All our employees and service providers working on our behalf are bound by the applicable data protection laws.

Whenever we collect and process personal data, it is encrypted before it is transmitted. This means that your data cannot be misused by third parties. Our security measures are subject to a continuous improvement process and our privacy policies are constantly being revised. Please ensure that you have the latest version.

10. Contact form/email contact

  • If you send us inquiries via the contact form or email, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We will not pass on this data without your consent.
  • This data is processed on the basis of Art. 6 (1) (b) GDPR, provided that your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, processing is based on our legitimate interest in the effective processing of inquiries addressed to us (Art. 6 (1) (f) GDPR) or on your consent (Art. 6 (1) (a) GDPR), if this has been requested. The data you enter in the contact form will remain with us until you request us to delete it, revoke your consent to its storage, or the purpose for data storage no longer applies (e.g., after your request has been processed). Mandatory legal provisions — in particular retention periods — remain unaffected.

11. Application/job advertisement

We collect various personal data during the application process. Personal data is any information that can be used to draw conclusions about your personal or factual circumstances or that makes you identifiable. The following data is collected and processed for the automated processing of your application:

  • First name, last name, address, email, date of birth, title, telephone number, country of residence, and citizenship,
  • Additional questions depending on the respective job advertisement (e.g., driver's license),
  • Curriculum vitae, in particular information on professional experience and education,
  • Skills and knowledge for the advertised position,
  • Application photo,
  • Qualifications, awards, and language skills,
  • Cover letter,
  • Files and documents that you wish to send or upload to us in connection with your application.

By submitting your application data, you as the applicant consent to the processing of your personal data for the purposes set out in this privacy policy.
No information that may not be processed under the General Equal Treatment Act (this includes race, ethnic origin, gender, disability, religion and worldview, or age) is required to process your application. We ask you not to include any information that is irrelevant to the processing of your application under the Equal Treatment Act (including illness, pregnancy, union membership, and sex life).

Please do not submit any content that could infringe on third-party copyrights or press rights, for example.

The legal basis for the processing of your personal data in this context is Art. 6 (1) lit. f) GDPR, our legitimate interest in processing applications, as well as Art. 6 (1) lit. b), Art. 88 (1) GDPR in conjunction with § 26 (1) BDSG (new). We will retain your application email and the application documents you send us for 6 months (AGG). After this period has expired, your documents will be deleted in accordance with data protection regulations, unless you give us your consent to store them in our applicant pool. They will then be stored for 1 year.

12. Newsletter

We use the double opt-in procedure to send out our newsletter, which means that we will only send you a newsletter by email once you have expressly confirmed that you wish us to activate the newsletter service. We will then send you a notification email and ask you to confirm that you wish to receive our newsletter by clicking on a link contained in this email. 

When you register for our newsletter, we store your IP address and the date of registration. This storage serves solely as proof in the event that a third party misuses your email address to register you for the newsletter without your knowledge or authorization. The legal basis is therefore your consent within the meaning of Art. 6 (1) (a) GDPR. If you unsubscribe from the newsletter and have no business relationship with us, your data will be deleted immediately. If you no longer wish to receive newsletters from us at a later date, you can object to this at any time without incurring any costs other than the transmission costs according to the basic tariff, e.g. via the unsubscribe link that you will find in every email.

13. Cookies

When you visit our website, we may store information on your computer in the form of cookies. Cookies are small files that are transferred from an Internet server to your browser and stored on its hard drive. Only the Internet Protocol address is stored here – no other personal data. This information, which is stored in the cookies, allows us to automatically recognize you the next time you visit our website, making it easier for you to use. Of course, you can also visit our website without accepting cookies. 

If you do not want your computer to be recognized on your next visit, you can also refuse the use of cookies by changing the settings in your browser to “refuse cookies”. You will find the respective procedure in the operating instructions for your browser. However, if you refuse the use of cookies, this may result in restrictions in the use of some areas of our website.

14. Third-party services
 

14.1 Vimeo
Our website incorporates videos from the provider Vimeo LLC, 555 West 18th Street, New York, New York 10011, USA. When you play a video, a connection to Vimeo's servers is established. Your IP address and other information (e.g., browser type) are transmitted in the process. Vimeo may set cookies and transfer data to the USA.
Legal basis: Art. 6 (1) (a) GDPR (consent via cookie banner)
Data transfer to third countries: USA – An equivalent level of data protection cannot be guaranteed.
More information: https://vimeo.com/privacy


14.2 YouTube
Our website embeds videos via YouTube, a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. When you visit a page with an embedded video, a connection to YouTube is established.
Legal basis: Art. 6 (1) lit. a GDPR
Data transfer to third countries: USA
More information: https://policies.google.com/privacy

14.3 Google Maps
This website uses Google Maps to display interactive maps. The provider is Google Ireland Limited. Your IP address may be transmitted to Google when you visit the corresponding pages.
Legal basis: Art. 6 (1) (a) GDPR
Google Fonts: When using Google Maps, Google Fonts are also loaded from Google servers.
More information: https://policies.google.com/privacy

14.4 Google Fonts (only integrated via Google Maps)
We do not actively integrate Google Fonts. However, Google Fonts are automatically loaded from Google servers when using Google Maps.
Legal basis: Art. 6 (1) (a) GDPR
More information about Google Fonts: https://developers.google.com/fonts/faq/privacy

14.5 Cookiebot
We use “Cookiebot” from Usercentrics A/S, Havnegade 39, 1058 Copenhagen, Denmark, to manage consent (cookies, third-party content, etc.).
Processed data: IP address, timestamp, consent status
Legal basis: Art. 6 (1) (c) GDPR (legal obligation), Art. 6 (1) (a) GDPR (for consents)
More information: https://www.cookiebot.com/de/privacy-policy/

14.6 Google Analytics (via tracking proxy: t.sofistik.com)
Our website uses Google Analytics, provided by Google Ireland Ltd., via a privacy-friendly proxy (t.sofistik.com), which means that no direct connection to Google is established when you visit the site. IP addresses are processed anonymously.
Legal basis: Art. 6 (1) (a) GDPR
Data transfer: No direct transfer to Google due to use of proxy
More information: https://support.google.com/analytics/answer/6004245

14.7 FriendlyCaptcha
To protect against spam, we use “FriendlyCaptcha,” a privacy-friendly captcha procedure from Friendly Captcha GmbH, Germany. No tracking cookies are set. The IP address is only processed in anonymized form.
Legal basis: Art. 6 (1) lit. f GDPR (legitimate interest in IT security)
More information: https://friendlycaptcha.com/legal/privacy-end-users/

14.8 SharePoint Online (sofistik.sharepoint.com – webinar videos)
In certain areas, we embed content that is hosted via Microsoft SharePoint Online (Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA). This may establish a data connection to Microsoft.
Legal basis: Art. 6 (1) (a) GDPR
Data transfer: USA – transfer based on standard contractual clauses
Further information: https://privacy.microsoft.com/de-de/privacystatement

14.9 Microsoft Dynamics forms
We use Microsoft Dynamics 365 Customer Engagement to collect and transmit contact requests. Your data is processed on Microsoft servers.
Legal basis: Art. 6 (1) (b) and (f) GDPR
More information: https://privacy.microsoft.com/de-de/privacystatement

14.10 WiCE (SOFiSTiK Online)
For the purpose of storing customer data, WiCe technologies are used to collect and store personal data, which is transferred to our CRM system after transmission. This includes the following types of personal data:

  • First name,
  • Last name,
  • Phone number,
  • Email address,
  • Company,
  • Academic title,
  • Position within the company,
  • Relevant department within the company.


Data processing is based on Art. 6 (1) (a) GDPR, consent. This can be revoked at any time with effect for the future. The data is only passed on internally for the specified purpose. A contract for order processing in accordance with Art. 26 GDPR has been concluded with the service provider. Wice's applicable data protection regulations can be found at https://wice.de/datenschutz/. Further information can be found under “Contact.”

15. What data protection rights do I have?

You have the right to information, correction, deletion or restriction of the processing of your stored data, a right to object to the processing and a right to data portability and to lodge a complaint at any time in accordance with the requirements of data protection law.


15.1 Right of Access
You can request information from us as to whether and to what extent we process your data.


15.2 Right to Rectification
If we process your data incompletely or incorrectly, you can request that we correct or complete it at any time.


15.3 Right to Erasure
You can request that we erase your data if we process it unlawfully or if the processing disproportionately interferes with your legitimate protection interests. Please note that there may be reasons that prevent immediate erasure, e.g. in the case of statutory retention or processing obligations.
Irrespective of the exercise of your right to erasure, we will erase your data immediately and completely, provided that there is no legal or statutory retention obligation to the contrary.
 

15.4 Right to Restriction of processing
You can request that we restrict the processing of your data if

  • You contest the accuracy of the data, for a period enabling us to verify the accuracy of the data,
  • The processing of the data is unlawful, but you refuse to have it erased and instead wish to restrict the use of the data,
  • We no longer need the data for the intended purpose, but you still need this data to assert or defend legal claims, or
  • You have objected to the processing of the data.
     

15.5 Right to Object
If we process your data on the basis of legitimate interest, you can object to this at any time. This would also apply to profiling based on these provisions. We will then no longer process your data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing serves the establishment, exercise or defense of legal claims. You can object to the processing of your data for the purpose of direct advertising at any time without giving reasons.

15.6 Right to Data Portability
You may request that we provide you with the data you have provided to us in a structured, commonly used and machine-readable format and that you may transmit this data to another controller without hindrance from us, provided that

  • We process this data on the basis of your revocable consent or to fulfill a contract between us, and this processing is carried out using automated procedures.

If technically feasible, you can request that we transfer your data directly to another controller.

15.7 Right to Lodge a Complaint with a Supervisory Authority
If you are of the opinion that we are violating German or European data protection law when processing your data, please contact us so that we can clarify any questions. Of course, you also have the right to contact the supervisory authority responsible for you, the respective state office for data protection supervision.
If you wish to assert one of these rights against us, please contact our data protection officer. In case of doubt, we may request additional information to confirm your identity.

15.8 Right to Withdraw Consent
If we process your data on the basis of consent, you can withdraw this consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.

15.9 Automated individual decision-making, 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. Exceptions to this only apply under the legally applicable conditions.

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