Obligation of secrecy

I. Name and address of the data controller

The data controller according to the Datenschutz-Grundverordnung and other national data protection acts of the Member States as well as miscellaneous legal regulations for reasons of data protection is the:

Stader Softwareentwicklung GmbH
Tilsiter Str. 2
21680 Stade
Telephone: +49 4141 7891060
E-Mail: Verwaltung@stader-softwareentwicklung-gmbh.com.de
Website: www.stader-softwareentwicklung-gmbh.com.de

II. General information about data processing

1. Scope of processing of personal data

In principle we are processing personal data of our users only as far as this is required by the provision of a fully functional website as well as of our contents and services. The processing of personal data typically takes place only after the agreement of the user. An exception to this applies in such cases in which a prior agreement is not possible because of factual reasons and the processing of the data is permitted by statutory regulation.

2. Legal base of processing of personal data

As far as we obtain the approval of an affected person for processing of personal data Art. 6 Abs. 1 lit. a EU-Datenschutzgrundverordnung (DSGVO) serves as legal basis. At processing of personal data which is required to fulfil a contract of which the affected person is a contract party Art. 6 Abs. 1 lit. b DSGVO serves as legal basis. This also applies to processing operations which are required by the execution of precontractual actions. As far as a processing of personal data is required to fulfil a legal obligation to which our company is liable to Art. 6 Abs. 1 lit. c DSGVO serves as legal basis. In case that vital interests of the effected or another natural person requires a processing of personal data Art. 6 Abs. 1 lit. d DSGVO serves as legal basis. In case that the processing is required by a protection of legitimate interest of our company or of a third party and interests, basic right and fundamental freedom of the affected person are not predominating the former interest 6 Abs. 1 lit. f DSGVO serves as legal basis for the processing.

3. Data deletion and duration of storage

Personal data of the affected person will be deleted or access blocked as soon as the purpose of the storage is omitted. A storage beyond that may take place in case that this is intended by the European or national legislative authority by regulations of Union law, laws or other prescriptions to which the data controller is liable. The data will also be blocked or deleted if a storage period prescribed by the rules mentioned expires, unless there is a need of a continued storage of the data in order to conclude or fulfil a contract.

4. Collaboration with processors and third parties

If we disclose data to other persons orcompanies (processors and third parties), transfer data to them or grant them access to the data within the scope of our processing this will only take place on a legal basis (e.g. to answer a contact request which is required to fulfil a contract conformable to Art. 6 Abs. 1 lit. b DSGVO), you agreed, a legal obligation is providing this or on base of our legitimate interests.

5. Transfer of data to third party countries

We are not processing any data in any third party country or are transferring data to it (that is outside of the European Union (EU) or the European Economic Area (German abbreviation EWR)).

III. Provisioning of the web page and generation of log files

1. Description and scope of the data processing

Our web page is hosted directly by ourselves.

At every invocation of our web page our system automatically records data and information from the computer system of the invoking computer. All header data of the HTTP protocol like IP, requested URL as well as time of access which are transferred by the invoking computer are recorded. The data will be also stored inside log files of our system. A storage of this data in conjunction with other personal data doesn't takes place.

2. Legal base of data processing

Legal base of storage of the data and of the log files is Art. 6 Abs. 1 lit. f DSGVO.

3. Purpose of data processing

The temporary storage of the IP address by the system is required to allow the devlivery of the website to the computer of the user. For this purpose, the IP address of the user must be stored for the duration of the session.

The storage in log files takes place to ensure the correct operation of the website. In addition, the data serves as base for optimization of the website and for securing of the security of our IT systems. An evaluation of the data for marketing purposes isn't taking place in this context.

These are our legitimate interests in data processing conformable to Art. 6 Abs. 1 lit. f DSGVO.

4. Duration of storage

Data is deleted as soon as it is no longer required to achieve the reason of its gathering. In case of data gathering to provide the website, this is the case when the related session has been terminated.

In case of storage of data inside log files this is the case not later than seven days. A storage beyond that is possible. In this case the IP addresses of the users will be removed or anonymized so that an assignment of the retrieving clients is no longer possible.

5. Facility of appeal and deletion

The recording of data to provide the website and the storage of the data inside log files is mandatory to operate the website. Therefore, there is no facility of appeal on the part of the user.

IV. Cookies & Social Media

... are both not used!

V. E-mail contact

1. Description and scope of the data processing

Contacting us is possible by using the e-mail address provided. In this case the personal data of the user transferred inside with the e-mail will be stored on systems running separately of the webserver.

No transfer of the data to third parties takes place in this context. The data is used exclusively to handle the conversation.

2. Legal base of data processing

Legal base of processing of the data transferred within the scope of a transmission of an e-mail is Art. 6 Abs. 1 lit. f DSGVO. If the e-mail contact is targeted on a conclusion of a contract then additionally Art. 6 Abs. 1 lit. b DSGVO is the legal base of processing.

3. Purpose of data processing

The case of contacting us by e-mail itself establishes the required legitimate interest on processing of the data.

4. Duration of storage

Data is deleted as soon as it is no longer required to achieve the reason of its gathering. For personal data transferred by e-mail this is the case when the respective conservation with the user ends. A conversation ends when the circumstances justify the conclusion that the concerned factual situation has been clarified in a concluding way.

5. Facility of appeal and deletion

At every time the user has the possibility to withdraw his consent to the processing of personal data. If the user gets in touch by e-mail with us he is permitted to withdraw the storage of his personal data at any time. In this case the conversation can't be continued.

The revocation of the consent respectively the objection against storage of the data can take place by the user in English language by e-mail or letter to address mentioned under "I. Name and address of the data controller". In case of using an e-mail under no circumstances revocation/objection shall take place in the form of special formats which possibly makes evaluation by the data controller impossible e.g. Microsoft Word but instead shall take place in the form of simple text. Additionally, the user must be clearly identifiable by according information. Amongst others consumer centres provide sample texts of revocations/objections.

In this case all personal data that has been stored in the course of the contacting will be deleted.

VI. Rights of the concerned person

If personal data of you is processed you are considered as a concerned person in legal sense of the DSGVO which entitles you the following rights against the data controller:

1. Right of access to personal data

You are able to require an acknowlegdement from the data controller whether personal data concerning you is processed by us.

If such a processing exists you are permitted to request information from the data controller about:

  1. the purpose of processing of the personal data
  2. the categories of personal data being processed
  3. the recipients to which the personal data has been or will be disclosed
  4. the intended duration of the storage of personal related data related to you or in case that precise information about this is not available the criteria used to determine to duration of storage
  5. that you have the right to request correction or deletion of any personal data related to you as well as the right to limit the processing thereof and the permission to disallow the processing of that data
  6. that you have the right to file an appeal with a supervisory authority
  7. all available information about the source of data in case that the personal data has not been collected directly from the person
  8. the existence of an automated decision-making and profiling comformable to Art. 22 Abs. 1 and 4 DSGVO and at least in these cases meaningful information about the involved logic as well as range and intended consequences of such a processing on the concerned person.

You are entitled to require information whether the personal data relating you is being transferred to a third party country or to an international organization. In this context you are entitled to be informed about the suitable guarantees conformable to Art. 46 DSGVO in the context of the transfer.

2. Right of correction

You are entitled to require a correction and/or a completion by the data controller in the case that the processed personal data concerning you is incorrect or incomplete. The data controller has to execute the correction immediately.

3. Right of limitation of the processing

You are able to require a limitation of the personal data relating you under the following conditions:

  1. if you are contradicting the correctness of the personal data relating you for a period which allows the data controller to verify the correctness of the personal data.
  2. if the processing is unlawful and you decline the deletion of the personal data and you require a limitation of the usage of the personal data instead
  3. if the data controller no longer requires the personal data for the purpose of processing but you are require the data because of enforcement, exercise or defence of legal claims or
  4. if you filed an objection against the processing comformable to Art. 21 Abs. 1 DSGVO and it is not yet determined whether the legitimate reasons of the data controller predominate your reasons

In case that the processing of the personal data relating to you has been limited this data will be only processed apart from its storage with your agreement or due to enforcement, exercise or defence of legal claims or due to protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or one of its Member States. In case that the limitation of the processing has been limited itself by the above-named requirements you will be informed by the data controller before the limitation is suspended.

4. Right of deletion

a. Obligation of deletion

You are able to request that the personal data relating to you is immediately deleted by the data controller and the data controller is obligated to delete this data immediately in case that one of the following reasons applies:

  1. The personal data relating to you is no longer required for the purposes for which it has been collected or processed in another manner.
  2. You revoke your agreement on which the processing was based conformable to Art. 6 Abs. 1 lit. a or Art. 9 Abs. 2 lit. a DSGVO and there is no other legal basis for the processing.
  3. You file an objection conformable to Art. 21 Abs. 1 DSGVO against the processing and there are no preferential legitimate reasons for the processing or you file an objection conformable to Art. 21 Abs. 2 DSGVO against the processing
  4. The personal data relating to you has been processed in an unlawful way.
  5. The deletion of the personal data relating to you is required to fulfil a legal obligation according to Union law or the law of the Member States to which the data controller is liable.
  6. If the personal data relating to you has been collected in relation to information society services conformable to Art. 8 Abs. 1 DSGVO.
b. Information to third parties

In case that the data controller has disclosed the personal data relating to you and he is obliged to delete it conformable to Art. 17 Abs. 1 DSGVO then, taking into account the available technology and the implementation costs, he will take appropriate measures, including technical measures, to inform those responsible for data processing who process the personal data that you, as the person concerned, request the deletion of all links to this personal data as well as copies and replications thereof.

c. Exceptions

The right of deletion does not exist if processing of the data is required

  1. to exercise the right of freedom of expression and information
  2. to fulfil a legal obligation requiring the processing due to Union law or the law of the Member States to which the data controller is liable or to perform a task of public interest or to excercise public authority which has been assigned to the data controller.
  3. for reasons in public interest in the scope of public health comformable to Art. 9 Abs. 2 lit. h and i as well as Art. 9 Abs. 3 DSGVO
  4. by purposes of archiving of public interest, of scientific or historical research or by statistical purposes comformable to Art. 89 Abs. 1 DSGVO as far as the right mentioned inside chapter a) makes the realization of the intention of this processing impossible or impairs it in a significant way or
  5. by enforcement, exercise or defence of legal claims

5. Right of information

In case that you claimed the right of correction, deletion or limitation of processing towards the data controller he is obligated to inform all recipients to which the personal data relating to you has been disclosed about the correction or deletion of the data or about the limitation of processing unless this is proved to be impossible or will lead to a disproportional effort.

You are entitled to be informed by the data controller about these recipients.

6. Right of data portability

You are entitled to obtain the personal data relating to you that you provided to the data controller in a structured established and machine readable format. Besides you are entitled to transfer this data to another data controller without obstruction of the data controller to which you provided the personal data in case that

  1. the processing is based on an agreement conformable to Art. 6 Abs. 1 lit. a DSGVO or Art. 9 Abs. 2 lit. a DSGVO or on a contract conformable to Art. 6 Abs. 1 lit. b DSGVO and
  2. the processing is done with the help of automated procedures.

When exercising such a right you are entitled that the personal data relating to you is transferred directly from one data controller to another data controller if this is technically feasible. Rights and freedoms of other persons must not be impaired through this.

The right of data portability does not exist in case that the processing of personal data is done to perform a task of public interest or to exercise public authority which has been assigned to the data controller.

7. Right of objection

You are entitled to file an objection against the processing of the personal data relating to you conformable to Art. 6 Abs. 1 lit. e or f DSGVO for reasons that are due to in your particular situation at any time. This applies to a profiling based on this regulations too.

The data controller will no longer process the personal data relating to you unless he is able to prove mandatory reasons for the processing that are requiring protection and that are predominating your interests, rights and freedoms or the processing is done for enforcement, exercise or defence of legal claims.

In case that the personal data relating to you is processed for purposes of direct advertising you are entitled to file an objection against the processing of the personal data relating to you for such a kind of advertising at any time. This applies to a profiling which is connected to such a direct advertising too.

In case that you are contradicting a processing for purposes of direct advertising then the personal data relating to you will be no longer processed for this purposes.

In relation with the usage of information society services despite of directive 2002/58/EG you have the possibility to exercise your right of objection by using automated methods using technical specifications.

8. Right of revocation of the declaration of consent of data protection

You are entitled to revoke your declaration of consent of data protection at any time. The revocation of the consent is without prejudice to the legality of processings that have been performed on the base of this consent until revocation.

9. Automated decisions in individual cases including profiling

You are entitled to be subjected to a decision which takes legal effect on you or that inpairs you significantly in a similar manner that is not entirely based on automated processing including profiling . This is not valid if the decision

  1. is required by a conclusion or the fulfilment of a contract between you and the data controller
  2. is legal due to legal provisions of the Union or its Member States to which the data controller is liable and these legal provisions are providing appropriate provisions to protect your rights and freedoms as well as your legitimate interests or
  3. takes places with your explicit consent

Though these decisions must not be based on special categories of personal data according to Art. 9 Abs. 1 DSGVO unless Art. 9 Abs. 2 lit. a or g DSGVO is valid and appropriate provisions have been taken to protect your rights and freedoms as well as your legitimate interests.

Regarding the cases mentioned in (1) and (3) the data controller takes appropriate provisions to protect your rights and freedoms as well as your legitimate interests which at least cover the rights of obtaining the intervention of a person on the part of the data controller, of defining of your position and of challenge of the decision.

10. Right of appeal at a controlling authority

Without prejudice to an ulterior administrative or judicial remedy you are entitled to file a complaint at a controlling authority, especially at the Member State of your residence, of your place of work or of the place of the presumed contravention if you consider that the processing of the personal data relating to you violates the DSGVO.

The controlling authority to which the appeal was submitted informs the appellant about the status and the results of the appeal including of the possibility of a legal remedy conformable to Art. 78 DSGVO.

VII. Used terms

Legal notice