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Privacy Statement

We hereby inform you about the kind of personal data articy Software GmbH & Co. KG  processes and how we handle this data. Furthermore, we inform you about the legal basis of processing data and your according rights.

1. Who is responsible for processing the data and how can I reach the person who is responsible for data protection?

Responsible for data protection is

articy Software GmbH & Co. KG
Feldstrasse 26a
44867 Bochum
Germany
Phone: +49 (0)23 27 / 9 60 21 11
E-Mail: info@nevigo.com
Represented by: Mr. Carsten Schröder

You can reach the person who is responsible for data protection via the above contact info.

2. For what purpose and based upon which statutory source is data processed?

We process your personal data according to the terms of the General Data Protection Regulation (GDPR), the Federal Data Protection Act and all other governing acts as far as necessary in order to allocate information on this website as well as our services.

If you should use our website for informational purposes only, which means that you won’t log into a web account, register for a web account or submit any other kind of information, we won’t collect any individual related data except the data that’s submitted by your browser in order to be able to visit our website. This is:

  • IP-Address
  • Date and time of your inquiry
  • Time zone difference to Greenwich Mean Time (GMT)
  • Content of your inquiry (precise site)
  • Access status/HTTP-status code
  • Respectively submitted volume of data
  • Website of the inquiry
  • Browser
  • Operating system and its UI
  • Language and Version of the browser software.

In order to ensure the functionality of this website data will be stored in log files. These files also serve the purpose to ensure the security of our IT Systems and improving our website.

Section 6, subparagraph 1, littera f GDPR constitutes the legal right to temporarily store data as well as log files.

If the act of processing personal data is vested by the consent of the affected person then section 6, subparagraph 1, littera a GDPR serves as statutory source.

Section 6, subparagraph 1, littera b GDPR serves as statutory source for processing personal data in order to fulfill contracts if one of the contract parties is the affected person. This also applies to pre-contractual measures which require processing activities.

In case our company has to comply with legal obligations in order to process personal data, then Section 6, subparagraph 1, littera c GDPR serves as statutory source.

Section 6, subparagraph 1, littera d GDPR serves as statutory source in cases when vitally important interests of an affected person or another natural person requires the processing of personal data.

When personal data is processed in order to preserve the interests of our company or a third party, then the interests, basic rights and freedoms of the affected person have to succumb. Section 6, subparagraph 1, littera f GDPR serves as statutory source in this case.

Personal data can be passed on to our IT service providers in order to allocate this website.

3. Data security

We maintain up to date technical measures to warrant the protection of your data and especially to protect your personal data from hazards caused by data transition and to prevent knowledge acquisition by a third party. These measures are accordingly adjusted to the respective up to date technology.

4. Newsletter

With your consent you can subscribe to our newsletter. It informs you about current promotions. The promoted goods and services are labeled in the consent form.

To subscribe our newsletter we use the so-called Double-Opt-in-method for your registration. This means that after you provide us with your email address we will send you a confirmation email to the provided email address and ask you to confirm your registration to subscribe our newsletter. If you don’t confirm your request to subscribe our newsletter within the next 24 hours we will delete your request to subscribe our newsletter automatically. If you confirm the subscription of our newsletter we will store your email address until you unsubscribe from our newsletter. The storage of your email address enables us to send you the newsletter. We furthermore store your IP Address and the time stamp of your request and your confirmation to subscribe our newsletter in order to prevent misusage of your personal data.

Providing your email address is obligatory for transmitting the newsletter.

You can at any time withdraw your consent to subscribe our newsletter by clicking on the corresponding link which is provided in every newsletter email or by using this web form or by sending a message to the contact address provided in the imprint of the website. Your data will not be relayed to a third party.

A users consent according to Section 6, subparagraph 1, littera a GDPR forms the statutory source in order to process the required data after a request to subscribe a newsletter by that user. As soon as the data that is required to fulfill this purpose isn’t required anymore it will be deleted. Accordingly the data of newsletter subscribers is only stored for the length of their subscription.

5. Registration

You as a user will be able to register on our website. This requires the provision of your personal data. The data entered in an input mask is transmitted to our company and saved. The data will never be disclosed to third parties.

As part of the registration process, or at the time of registration, the following data is stored:

  • IP-address of the user
  • Time of registration (date and time)
  • E-Mail address of the user

If the consent of the user is available for processing the data, the legal basis is Art. 6 para. 1 lit. a GDPR. If the registration is required for the implementation of a contract in which one of the contracting parties is the user or if registration data is required in the context of pre-contractual measures, the legal basis for data processing is Art. 6 para. 1 lit. b GDPR.

Registration may be required for three reasons: Either a registration by you as a user is required for the provision of certain content and services on our website, for the implementation of a contract or the performance of pre-contractual measures.

Once the data is no longer needed to achieve the original purpose for which it was collected, it will be deleted. Data collected during a registration process will be deleted if the registration is canceled or changed on the website. Data stored in the course of registering to implement a contract or to perform pre-contractual measures will be deleted if it is no longer required for the performance of the contract.

In order to be able to fulfill legal or contractual obligations, it may be necessary to store personal data of the contracting party even after concluding a contract.

An early deletion of data that is required to implement a contract or to carry out pre-contractual measures is only possible if there are no contractual or legal obligations for further storage.

6. Contact form

We collect your personal data when you provide it by completing the contact form. The data provided is exclusively processed and used to provide you with the requested information. Any further processing and use of your data for advertising purposes or for market research will only take place with your express consent.

The following data is stored at the time the message is sent:

  • E-Mail address of the user
  • Name of the user
  • Company name (free indication) of the user

In order to be able to process your data as part of the transmission process, we kindly ask for your consent and refer to this Privacy Statement.

You can also contact us via an alternatively provided e-mail address. Our company will store the personal data of the user sent along with the e-mail.

Legal basis for the processing of the data is in the presence of the consent of the user Art. 6 para. 1 lit. a GDPR. If the contact by e-mail is intended to conclude a contract, the legal basis is Art. 6 para. 1 lit. b GDPR.

Our company processes the personal data from the input mask only for the purpose of processing the contact. This is also the legitimate interest that is required for processing personal data, if the contact is made by e-mail. The processing of other personal data during the transmission process is based on the prevention of possible misuse of the contact form, as well as on the security of our information technology systems.

Once the data is no longer needed to achieve the original purpose for which it was collected, it will be deleted. Personal data collected from the input form of the contact form on the website or sent to us by e-mail will no longer be required if communication with the user ceases. This is the case when, when considering the facts, it becomes clear that this is also finished for the future and that no further communication takes place.

Additional personal data collected during the transmission process will be deleted within a period of seven days.

The revocation of his consent to the processing of his personal data is possible for the user at any time. When contacting by e-mail, the user can revoke his consent to the processing of his personal data at any time. However, further communication can no longer take place, as all personal data stored in the context of the contact is deleted in this case.

7. Incorporation of application procedure

We only process applicant data for the purpose of the application process according to legal requirements. Processing of applicant data takes place to fulfill our precontractual or contractual obligations in the course of the application process according to section 6 paragraph 1 littera b) + f) GDPR as far as the data processing is necessary, i.e. in the context of legal procedures (in Germany § 26 BDSG applies as well).

The application process requires applicants submitting their applicant data. Required applicant data is labeled if we provide an online form, otherwise it results from the job description. As a matter of principle personal details, postal and contact addresses, and related documents to the application like cover letter, curriculum vitae and certificates belong to the applicant data. Applicants can provide us with additional voluntary information.

With the transmission of the application the applicant agrees to the processing of their data for the purpose of the application process with respect to nature and extent of this data privacy statement.

If as part of the application process specific categories of personal data according to section 9 paragraph 1 GDPR are voluntarily transmitted, they will be processed additionally according to section 9 paragraph 2 littera b) GDPR (i.e. health data like severe disability, or ethnic origin). If as part of the application process specific categories of personal data according to section 9 paragraph 1 GDPR are requested from applicants, they will be processed additionally according to section 9 paragraph 2 littera a) GDPR (i.e. health data if it is necessary to exercise the profession).

If available, applicants can submit their application via an online form on our website. Data will be encrypted according to the state of the art.

Additionally applicants can submit their application via email. Please note that emails in general are not sent encrypted, so that applicants have to take care of encryption by themselves. We cannot take any responsibility for the transmission route of the application between sender and reception on our server, and therefore recommend using an online form or postal delivery. Additionally to using the online form or email applicants can send us applications by mail as well.

Data provided by applicants can be further processed by us in case of successful application for the purpose of the employment. If the application is unsuccessful the applicant’s data will be deleted. The applicant’s data will also be deleted if the application is withdrawn, which may be done by the applicant at any time.

Subject to revocation, data deletion takes place after a period of six months, so that we can handle possible follow-up questions about the application, and meet the obligation to provide proof according to the equal treatment act. Invoices for possible travel expenses will be archived according to tax law.

8. Use of Google Analytics

This website uses Google Analytics. Google Analytics is the web analytics service of Google Inc.. It uses cookies being installed on your computer. These text files allow us to analyze your use of our website.  All information generated about your use by these cookies are generally transferred to a google server in the US and likewise stored there. If you activate the IP-anonymisation on this website, Google shortens your IP address within the European Union or other countries which are members of the Treaty on the European Economic Area before storing.

Your full IP address is transferred to a google server in the US and shortened there only in exceptional cases.  On behalf of the operator of this website Google will use this information to analyze your usage of this website and to create reports on website activities and to fulfill further website related as well as internet usage related services for the website operator.

Your IP Address, which is submitted by your browser within the framework of Google Analytics, won’t be merged with other data collected at Google.

You can prevent the collection of your data that’s related to the usage of the website and generated by the cookie as well as the processing of this data by Google if you click on the following link and download and install the available browser plugin. However installing and using the plugin may lead to a limited ability to use this website.

This website uses Google Anayltics with the enhancement „_anonymizeIp()“. It enables the processing of shortened IP Addresses but a person related reference is excluded. As far as the collected data can be related to you as a person this reference will be excluded immediately and the personal related data is deleted at once.

We use Google Analytics to analyze the usage of our website and to constantly improve it. With the collected data we’re able to improve our services and to make them more attractive for our users. For those exceptional cases when person related data is transferred into the US, Google has subdued itself under the EU-US Privacy Shield https://www.privacyshield.gov/EU-US-Framework. Section 6, paragraph 1 lit. f GDPR is the statutory source for the usage of Google Analytics.

The statutory source for processing person related data is Section 6, paragraph 1 lit. f GDPR. The processing of person related data of our users enables us to analyze how our users surf the web. With the collection of this data we’re able to gain information about the usage of particular components of our website. This enables us to constantly improve our website and it’s user friendliness. These are the main reasons for our vested interest in processing data according to Section 6, paragraph 1 lit. f GDPR. By anonymization of person related data the interests of users to protect person related data is preserved.

This data is deleted as soon as it isn’t required anymore for our recording purposes.

Information about third party providers: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms of usage: https://www.google.com/analytics/terms/de.html, Data Privacy: https://www.google.com/intl/de/analytics/learn/privacy.html, Data Privacy Statement: https://www.google.de/intl/de/policies/privacy

9. Online Shop

We process the data of our customers as part of the ordering process in our online shop to allow them to select and order the selected products and services, as well as their payment, delivery and execution.

The following data is stored at the time of the order process:

  • IP-address of the user
  • Time of registration (date and time)
  • Communication data of the user
  • Contact information of the user
  • Contract data of the user
  • Payment data of the user
  • Purchase history (if available)

The persons affected by processing include our customers, prospects and other business partners. Processing is for the purpose of providing contractual services in the context of the operation of an online shop, billing, delivery and customer service. Here we use session cookies for the storage of the shopping cart contents and permanent cookies for the storage of the login status.

Processing is based on Art. 6 para. 1 lit. b (execution of order transactions) and c (legally required archiving) GDPR. In doing so, the information marked as required for the reasoning and fulfillment of the contract is required. We disclose the data to third parties only in the context of extradition, payment or in the context of legal permissions and obligations to legal advisors and authorities. The data will only be processed in third countries if this is necessary for the fulfillment of the contract (for example, at the customer’s request on delivery or payment). We hire other companies (Paypal, etc.) and individuals also in European and non-European countries with the fulfillment of tasks for us. Examples are parcel delivery, sending of letters or processing of payments (credit card, direct debit and invoice purchase) and, if necessary, customer service. These service providers have access to personal information needed to perform their duties. However, they may not use them for any other purpose. In addition, they are obliged to treat the information in accordance with this privacy statement and the German data protection laws. In the case of transfer abroad, the companies have been obliged by corresponding clear contracts on the observance of data protection.

We reserve the right to inquire information by third parties (e.g. mail-order companies, credit agencies) about your payment behavior, to offer you specific payment solutions (e.g. purchase on account) or other financial services.

User can create an optional user account, through which they can check their order history. Within the scope of the registration process, the necessary mandatory statements will be disclosed to the user. User accounts are not public and cannot be indexed by search engines. If a user cancels their account their data regarding the user account will be deleted, except for data required for commercial or tax law reasons, according section 6, paragraph 1, littera c) GDPR. User account information remains until deleted with subsequent archiving in the case of a legal obligation. It is in the responsibility of the user to save their data after account cancellation and before the contract is terminated.

As part of the registration, a new login, and use of our online services we store IP address and the timestamp of the respective user activity. Storage is performed on the basis of our legitimate interests, as well as the interests of the user regarding protection against misuse and other unauthorized usage. Transfer of data to third parties does not take place, unless it is necessary to pursuit our claims or we are under legal obligation according to section 6 paragraph 1 littera c) GDPR.

Data deletion takes place after the expiration of the storage period required by law and comparable obligations. The necessity for data retention will be reviewed every three years; in the case of legal archiving obligations the deletion takes place at their termination (termination commercial law after 6 years of archiving obligations, tax law after 10 years of archiving obligations).

If you should pay via PayPal, Credit Card via PayPal, direct debit via PayPal or – if offered – “purchase on ac-count” or “deferred payment” via PayPal, we will pass on your payment details that are required to process your payment to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (consecutively “PayPal”).
The transmission of your payment details results according to Section 6, Paragraph 1, lit. b GDPR but only insofar as this data is required to fulfill the payment process.
PayPal reserves the right to obtain a credit report for the offered payment methods Credit Card via PayPal, direct debit via PayPal or – if offered – “purchase on account” or “deferred payment” via PayPal.

Based upon the legitimate interest of PayPal to determine your ability to meet your financial obligations and in accordance with Section 6, Paragraph 1, lit. f GDPR your payment details can be transferred to credit inquiry agency for this purpose if necessary.
The result of your credit report in reference to the statistical payment default probability is used by PayPal to decide about the allocation of the respective payment method.
The credit report can contain probability values (so called score values). Should score values be are part of a credit report, then they are based upon acknowledged mathematical-statistical methods. The computation of a score value includes among other data, but not solely, address data. For more details regarding data privacy and related information, like for instance commissioned credit inquiry agencies, please see PayPal’s data privacy policy.

By sending a message to PayPal you can express your dissent to process your data. But PayPal will remain authorized to process personal related data as far as this is necessary in order to fulfill the contractual obligation to handle and process payments.

10. Integration of YouTube

We have integrated YouTube videos into our online service, which are stored at “YouTube.com” and are accessible directly from our website. All videos are integrated in the “advanced data protection mode”, meaning if you do not play a video, no personal data about you will be transmitted to YouTube. Only if you play videos, the data mentioned in paragraph 2 will be transmitted. In addition YouTube receives the information that you visited the correlating subpage on our website. We have no control over this data transmission. This happens whether this third-party supplier offers a user account into which you are logged in, or if no user account exists. If you are logged into Google, the data will be assigned to your account. If you do not want an association between your profile and YouTube you should log out before pressing the play button.

YouTube stores this data in user profiles and uses them for advertising, market research and/or need-based design of their website. This analysis happens especially (even for users not logged in) to provide demand-actuated advertising and to inform other users on social media about your activities on our website. You have the right to object the creation of a user profile, which you have to address directly to YouTube.

Legal basis for the processing of personal data is section 6 paragraph 1 littera f) GDPR. By the means of plug-ins we give you the option to interact with social media and other users, so that we can improve our service and make it more interesting for you.

Information regarding the third-party supplier: YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA, : https://policies.google.com/technologies/product-privacy?hl=de and https://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA, subjected to the ES-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

11. What kind of data protection rights can I exercise as an involved individual?

If not contrary to provisions under special regulations you have the following rights:

  • According to section 7 paragraph 3 GDPR you can revoke your given consent to us at any time. This results in us no longer being allowed to process the personal data your consent was based on.
  • According to section 15 GDPR you have the right to request information about your personal data we process at any time. In particular, you can demand disclosure of processing purposes, the category of the personal data and their origin, the categories of recipients towards whom your data was disclosed to or will be disclosed to, as well as the purpose and the planned storage period. In addition, you can request information about the existence of rights of adjustment, erasure, data processing limitation, objection, appeal, the origin of your data, in cases where it was not compiled by us, and the existence of an automated decision-making including profiling. Where applicable, you can request meaningful information about their specifics.
  • According to section 16 GDPR you have the right to request the immediate revision of incorrect personal data, or the completion of the personal data we store about you.
  • According to section 17 GDPR you have the right to request the erasure of your personal data, unless the processing is necessary for the exercise of freedom of expression and information, the fulfillment of a legal obligation, on grounds of public interest, or for the establishment, exercise or defense of legal claims.
  • According to section 18 GDPR you have the right to request the limitation of the processing of your personal data, if you dispute the accuracy of the data, if the processing is unlawful, but you decline data deletion, if we no longer need your personal data, but you need it for the establishment, exercise or defense of legal claims, or if you objected to the processing of your data according to section 21 GDPR.
  • According to section 20 GDPR you have the right to receive your personal data in a structured, common, and machine-readable format, or have your data transferred to a third party.
  • According to section 77 GDPR you have the right to raise a complaint with a supervisory authority. Usually, you can contact a supervisory authority at your usual place of residence or workplace, or at the place of our law office address.

Please direct all information requests or objections regarding the data processing to info@nevigo.com or to the address on our copyright page.

12. Children

We do not gather personal data of minors. In the case of an unwitting data collection, we will erase them immediately.

13. Can I object to the processing of my personal data?

You have the right to object the processing of your personal data for the purpose of direct marketing without giving any reasons. If we process your data to preserve legitimate interests, you can object to this for reasons arising from your specific situation. We will stop processing your personal data, unless we can provide compelling and legitimate reasons, which predominate your interests, rights, or liberties, or if the processing is necessary for establishment, exercise or defense of legal claims.

To provide the website for users and to ensure the operation of the website, data acquisition and the storage in log files is absolutely necessary. As a result there is no possibility of objection for users.

As far as log files are stored, they will be deleted at the latest after seven days. Further processing does not take place.

14. Do I have the option to raise a complaint?

If you consider our processing of your personal data to be illegal, or a potential infringement of the data protection law for other reasons, you can raise a complaint with the responsible supervisory authority:

The state representative for data protection in North Rhine-Westphalia

Kavalleriestraße 2-4
40213 Düsseldorf
Germany

15. Amendments

We reserve the right to update this data privacy statement from time to time. Updates of this data privacy statement will be published on our website, and are in effect as soon as published. It is recommended to visit this page on a regular basis to stay informed about updates.

May, 2018