Data privacy statement

Name and contact of the responsible person according to article 4 paragraph 7 GDPR

prismat
Gesellschaft für Softwaresysteme und Unternehmensberatung mbH
Commercial Register of District Court Dortmund under HRB 11232
Stockholmer Allee 30a-c
D-44269 Dortmund

Tel: +49 231 44 66 5 – 0
Fax: +49 231 44 66 5 – 111

Data protection officer of prismat

Our data protection officer can be reached via telephone: +49 231 44 66 5-0 or by e-mail info[at]prismat[dot]de. Any person concerned can contact our data protection officer at any time with any questions or suggestions regarding data protection.

Security and protection of your personal data

It is our primary concern to protect the confidentiality of the personal information you provide and to protect it from unauthorized access. That is why we use the utmost care and state-of-the-art security standards to ensure maximum protection of your personal information.

As a company governed by private law, we are subject to the stipulations of the General Data Protection Regulation and the regulations of the Federal Data Protection Act. We have taken technical and organizational measures to ensure that the data protection rules are respected both by us and by our external service providers.

Definition of terms

Legislation requires that personal data must be processed lawfully, in good faith and in a manner that is reasonable for the data subject (»lawfulness, fair and lawful processing, transparency«).

For this reason, we inform you about the individual legal definitions that are used in this privacy statement:

1.personal data

»Personal data« means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

2. Affected person

An »affected person« is any identified or identifiable natural person whose personal data is processed by the controller.

3.Processing

»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, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

4.Restriction of processing

»Restriction of processing« means the marking of stored personal data with the aim of limiting their processing in the future.

5.Profiling

»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.

6.Pseudonymisation

»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.

7.Filing system

»Filing system« means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.

8.Controller

»Controller« means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

9.Processor

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

10.Recipient

»Recipient« means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the

Processing.

11.Third party

»Third party« means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

12.Consent

A »consent« of the data subject is any expression of volition for the particular case, in an informed and unequivocal manner, in the form of a statement or other unambiguous confirmatory act that indicates to the data subject that they are involved in the processing of their data personal data

Lawfulness of processing

Processing shall be lawful only if and to the extent that at least one of the following, in accordance with Article 6 para. 1 lit. a - f GDPR, applies: 

a.) The data subject has given consent to the processing of his or her personal data for one or more specific purposes.

b.) Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

c.) Processing is necessary for compliance with a legal obligation to which the controller is subject.

d.) Processing is necessary in order to protect the vital interests of the data subject or of another natural person.

e.) Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

f.) Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

Information about the collection of personal data

(1) Below we inform about the collection of personal data when using our website. Personal data is for example: Name, address, e-mail addresses, user behavior. 

(2) When contacting us by e-mail or using a contact form, the information you provide (your e-mail address, your name and your telephone number, if applicable) will be stored by us to answer your questions. We delete the data in this connection after the storage is no longer required, or the processing is restricted, if legal storage obligations exist.

Collection and use of personal data while visiting our website

In the case of merely informative use of the website, if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data which is technically necessary for us to inform you about our website and to ensure its stability and security (legal basis is Art. 6 (1) sentence 1 lit. GDPR):

  • IP address
  • Date and time of the request
  • Time zone difference to Greenwich Mean Time (GMT)
  • Content of the requirement (concrete page)
  • Access Status / HTTP status code
  • Each transmitted amount of data
  • Website from which the request comes
  • browser
  • Operating system and its interface
  • Language and version of the browser software

Legal or contractual provisions for the provision of personal data

Necessity for the conclusion of the contract; Obligation of the data subject to provide the personal data; possible consequences of non-provision 166/5000

We clarify that the provision of personal information is in part required by law (such as tax regulations) or may result from contractual arrangements (such as details of the contractor).

Occasionally it may be necessary for a contract to be concluded that an affected person provides us with personal data that must subsequently be processed by us.

The person concerned is (among other things) obliged to provide all personal data, if a contract is made with our company. Not providing information that is necessary for conducting the personal data would mean that the contract with the person concerned could not be closed.

Prior to any personal data being provided by the person concerned, the person concerned must contact one of our employees. Our employee will inform the individual on a case-by-case basis whether the provision of the personal data is required by law or contract or is required for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of the non-provision of the personal data.

Non-Automated decision-making

As a responsible company, we refrain from automatic decision-making or profiling.

Data protection in applications and in the application process

The controller collects and processes the personal data of applicants. The personal data provided will be used and stored for application procedure purposes only. The processing can also be done electronically. This is particularly the case if an applicant submits corresponding application documents to the controller by electronic means, for example by e-mail or via a web form available on the website. If the controller concludes a contract of employment with an applicant, the data transmitted will be stored for the purposes of the employment relationship in accordance with the law.

If no employment contract is concluded with the candidate by the controller, the application documents will be automatically deleted two months after the announcement of the rejection decision, unless deletion precludes other legitimate interests of the controller.

Other legitimate interest in this sense, for example, a burden of proof in a procedure under the General Equal Treatment Act (AGG).

Using Cookies

(1) In addition to the aforementioned data, cookies are stored on your computer when using our website. Cookies are small text files that are stored on your hard drive, assigned to the browser you are using, and that provide certain information to the body that sets the cookie. Cookies can not run programs or transmit viruses to your computer. They serve to make the Internet offer more user-friendly and effective overall.

(2) This website uses the following types of cookies, the scope and operation of which are explained below:

  • Transient cookies (see a.)
  • Persistent cookies (see b.)

a.) On the Web, a transient cookie, sometimes called a session cookie, is a small file that contains information about a user that disappears when the user's browser is closed. Unlike a persistent cookie, a transient cookie is not stored on your hard drive but is only stored in temporary memory that is erased when the browser is closed. A transient cookie is created by simply not setting a date in the Set-Cookie option when an application creates the cookie. (For a persistent cookie, an expiration date is set and the cookie is stored on the user's hard drive until the expiration date or until the user deletes it.)

b.) Persistent cookies help websites remember your information and settings when you visit them in the future. This result in faster and more convenient access since, for example, you don't have to login again.

Besides authentication, other website features made possible by persistent cookies include: language selection, theme selection, menu preferences, internal site bookmarks or favorites, among many others. On your first visit, the website is presented in default mode. 

You can configure your browser setting according to your wishes and for instance decline the acceptance of third-party cookies or all cookies. So-called "Third Party Cookies" are cookies that have been set by a third party, and therefore not by the actual website on which you are currently located. Please note that disabling cookies may not enable you to use all features of this website.

Children

Our offer is basically for adults. Persons under the age of 18 should not submit any personal data to us without the consent of their parents or guardians.

Rights of the person concerned

(1) Revocation of consent

If the processing of the personal data is based on a given consent, you have the right to revoke the consent at any time. The revocation of consent does not affect the legality of the processing carried out based on the consent until the revocation. For the exercise of the right of withdrawal, you can always contact us.

(2) Right to confirmation

You have the right to ask the person in charge to confirm that we are processing your personal data. You can ask for confirmation at any time using the above contact details.

(3) Right to information

If personal data is processed, you can request information about your personal data and the following information at any time:

a.) the processing purposes;

b.) the categories of personal data being processed;

c.) the recipients or categories of recipients to whom the personal data has been disclosed or is still being disclosed, in particular to recipients in third countries or to international organizations;

d.) if possible, the planned duration for which the personal data is stored or, if this is not possible, the criteria for determining that duration;

e.) the existence of a right to rectification or erasure of the personal data concerning you or to a restriction of processing by the controller or a right to object to such processing;

f.) the existence of a right to appeal to a supervisory authority;

g.) if the personal data is not collected from the data subject, all available information on the source of the data;

h.) the existence of an automated decision-making, including profiling, in accordance with Article 22 (1) and (4) GDPR 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.

If personal data is transmitted to a third country or to an international organization, you have the right to be informed of the appropriate safeguards, listed under Article 46 of the GDPR. We provide a copy of the personal data that is subject to the processing. For any additional copies requested, we may charge a reasonable fee based on the administrative costs. If the application is submitted electronically, the information must be provided in a standard electronic format, unless otherwise stated. The right to receive a copy under paragraph 3 shall not affect the rights and freedoms of others.

(4) Right to rectification

You have the right to demand immediate correction of incorrect personal data, which concerns you. Taking the purposes of processing into account, you have the right to request the completion of incomplete personal data, including by means of a supplementary statement.

(5) Right to erasure (»right to be forgotten«)

You have the right to request that the data protection officer (controller), who is responsible for your personal data, deletes personal data immediately and we are obliged to delete personal data immediately if one of the following applies:

a.) the personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed;

b.) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), GDPR, and where there is no other legal ground for the processing;

c.) the data subject objects to the processing pursuant to Article 21(1), GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2), GDPR;

d.) the personal data has been unlawfully processed;

e.) the personal data has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;

f.) the personal data has been collected in relation to the offer of information society services referred to in Article 8(1), GDPR.

If the controller has made the personal data public and is required to erase it in accordance with paragraph 1, taking the available technology and the implementation costs into account, the controller shall take appropriate measures, including technical ones, to inform the data controllers. They process the personal data to inform that an affected person has requested to delete all links regarding personal data, copies or replications of such personal data.

The right to erasure (»right to be forgotten«) shall not apply to the extent that processing is necessary:

  • for exercising the right of freedom of expression and information;
  • for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3), GDPR;
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1), GDPR, in so far as the right referred to erasure is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
  • for the establishment, exercise or defence of legal claims

(6) Right to restriction of processing

You have the right to obtain from us, the controller, restriction of processing where one of the following applies:

a.) the accuracy of the personal data that is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;

b.) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;

c.) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;

d.) the data subject has objected to processing pursuant to Article 21(1), GDPR, pending the verification whether the legitimate grounds of the controller override those of the data subject.

Where processing has been restricted these terms, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

A data subject who has obtained restriction of processing will be informed by us, the controller, before the restriction of processing is lifted.

(7) Right to data portability

You have the right to receive the personal data concerning yourself, which you have provided to us, the controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from us (the controller to which the personal data has been provided), where:

a.) the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1), GDPR; and

b.) the processing is carried out by automated means.

In exercising your right to data portability, you have the right to have the personal data transmitted directly from one controller to another, where there is technically feasible. The exercise of the right to data portability is not affected by the right of cancellation (»right to be forgotten«) This right does not necessary apply to processing for the performance of a task in the public interest or in the exercise of official authority delegated to the controller.

(8) Right to object

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning yourself which is based on point (e) or (f) of Article 6(1), GDPR, including profiling based on those provisions. (The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.)

Where personal data is processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning yourself for such marketing, which includes profiling to the extent that it is related to such direct marketing.

If personal data is processed in order to operate direct mailings, you have the right to object at any time to the processing of your personal data concerning such advertising; this also applies to profiling, if it it is associated with such direct mails. If you object to the processing for direct marketing purposes, the personal data will no longer be processed for these purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

Where personal data is processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), GDPR, you, on grounds relating to your particular situation, have the right to object to processing of your personal data concerning, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

You may exercise your right of objection at any time by applying to the Data Controller.

(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 him or her or similarly significantly affects him or her. This shall not apply if the decision:

a.) is necessary for entering into, or performance of, a contract between the data subject and a data controller;

b.) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or

c.) is based on the data subject’s explicit consent.

(In the cases referred to in points (a) and (c), the data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.)

You may exercise this right at any time by applying to us, the controller.

(10) Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to yourself infringes this Regulation.

(11) Right to an effective judicial remedy 

Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77, GDPR, you have the right to an effective judicial remedy where you consider that your rights under this Regulation have been infringed as a result of the processing of your personal data in non-compliance with this Regulation.

Use of Google Analytics

(1) This website uses Google Analytics, a web analytics service provided by Google, Inc. (»Google«). Google Analytics uses »cookies«, which are text files placed on your computer to help the website analyse how visitors use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.

(2) Google will not associate your IP address with any other data held by Google.

(3) You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. You can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under tools.google.com/dlpage/gaoptout.

(4) Please note that this website initializes Google Analytics with the setting »_anonymizeIp()«. This guarantees anonymized data collection by masking the last part of your IP address.

(5) We use Google Analytics to analyse the use of this website and to optimize its content. By evaluating the statistics gained of Google Analytics we are able to improve our content for all users. For those exceptional cases in which Google transmits personal data to servers in the United States Google self-certifies compliance with the EU-U.S. Privacy Shield: www.privacyshield.gov/EU-US-Framework. The legal basis for using Google Analytics is Article 6(1), GDPR.

(6) Information of the third-party provider: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001.

User conditions: www.google.com/analytics/terms/de.html

Privacy: www.google.com/intl/de/analytics/learn/privacy.html

Data protection declaration: www.google.de/intl/de/policies/privacy

(7) This site also uses Google Analytics for cross-device analysis of visitor traffic conducted through a user ID. You can disable the cross-device analysis of your usage under »My Data«, »Personal Information« in your customer account.

Use of YouTube

This website uses components of YouTube. YouTube is an online video portal that allows users to freely publish and watch video clips and other users for free viewing, rating, and commenting. (YouTube allows the publication of all types of videos, so that both complete broadcasts, as well as music videos, trailers or user-made videos – e.g. »VLOGs« are available via YouTube.)

The operating company of YouTube is: YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC a subsidiary of Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043-1351, USA.

Each visit to one of the pages that incorporates a YouTube component (video) will automatically cause the Internet browser on the subject's information technology system to be represented by the respective YouTube component to download an illustration of the corresponding YouTube component from YouTube. More information about YouTube can be found at www.youtube.com/yt/about/en/. As part of this technical process, YouTube and Google are aware of the specific area of our site visited by the person concerned.

If the data subject is logged in to YouTube at the same time, YouTube recognizes access to a sub-page containing a YouTube video, and subsequently which specific area of our website the affected person visits. This information is collected by YouTube and Google and associated with the individual YouTube account.

YouTube and Google will always receive information through the YouTube component that the data subject has visited our website if the data subject is simultaneously logged into YouTube at the time of access to our website; this happens regardless of whether the person clicks on a YouTube video or not. If such transmission of this information to YouTube and Google is unwanted by the data subject, it can prevent the transmission by logging out of their YouTube account before calling our website.

YouTube's privacy policy, available at www.google.com/intl/en/policies/privacy/, identifies the collection, processing, and use of personally identifiable information by YouTube and Google.

Use of Google AdWords

We publish online advertisements via Google AdWords. Google AdWords is a tool for publishing advertisements within the search results for specific keywords with Google and with its advertising network. Within the advertising network the advertisements are published according to the defined keywords for topic-related websites using an automatic algorithm. The operating company of Google AdWords is: Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. For us the purpose of using Google AdWords is to promote our website within suitable web searches.

When you click on an advertisement placed by Google, a conversion tracking cookie is placed on your device. These cookies expire after 30 days, do not contain personal data and so cannot be used for personal identification. If you visit certain pages of our website and the cookie has not yet expired, we and Google can see that you clicked on the ad and were redirected to this page. Every Google AdWords customer receives a different cookie. This makes it impossible to keep track of cookies across the websites of different AdWords customers.

The information obtained through the conversion cookie serves to compile conversion statistics for our website. We use these statistics to evaluate our advertisements within Google AdWords and their success or failure so we can improve them. However, we do not receive any information which a user can be personally identified with.

If you do not want to take part in tracking, you can object to this usage by changing the relevant setting of your browser software to prevent the installation of cookies (deactivation option). By doing so you will not be included in the conversion tracking statistics. Further information as well as Google’s privacy policy can be found at: www.google.com/policies/technologies/ads/, www.google.de/policies/privacy/

Mailings sent by prismat

On request and with your consent it is possible to get invitations and information via e-mail sent by prismat. For this we compiled the following information.

Our newsletter / mailings include invitations to free events and webinars, attractive sweepstakes, greeting cards, information on new products and services as well as other promotions such as our free of charge wall calendar.

Termination / Revocation

You can terminate the receipt of our newsletter / mailings (online / postal) at any time, ie. Revoke your consent. A link to cancel the newsletter / mailings can be found at the end of each newsletter / mailing. Alternatively, you can simply send an e-mail to datenschutz@prismat.de.

Information regarding the newsletter and consent

With the following instructions, we will inform you about the content of our mailings / newsletter as well as the registration and transit procedures as well as your right of objection. By subscribing to our mailings / newsletter, you agree to the receipt and the procedures described.

Content of mailings / newsletter

We send newsletter, e-mails and other electronic notifications with advertising information (hereinafter referred to as "newsletter") only with the consent of the recipient or a legal permission. Insofar as the contents of a newsletter are concretely described, they are authoritative for the consent of the users.

Double opt-in and recording

Registration for our newsletter is done via double-opt-in procedure. This means that the following steps will be taken to verify the e-mail address you have provided: in an automatically generated verification e-mail you will find the hyperlink that activates your verification. The subscription to the newsletter as well as the verifications are logged in order to be able to prove the registration process according to the legal requirements. This includes saving the login and confirmation times. An e-mail address without verification will not be considered and will be deleted.

Legal basis of the General Data Protection Regulation

In accordance with the provisions of the Data Protection Regulation (GDPR), which will apply from 25 May 2018, we inform you that the consents to the sending of e-mail addresses are based on Art. 6 para. 1 lit. a, 7 DSGVO and § 7 (2) no. 3 and (3) UWG.

We further point out that you can reject the future processing of your personal data in accordance with the statutory requirements. In accordance with Art. 21 DSGVO. The objection may in particular be made against processing for direct marketing purposes.

Contact

Under the following address you can get in contact with us: info[at]prismat[dot]de.