Data protection declaration

I. INTRODUCTION

With the following information, we would like to give you, as the "affected person", an overview of the processing of your personal data by us and your rights under data protection laws. A use of our websites is possible in principle without entering personal data. If you wish to use special services of our company via our website, however, a processing of personal data could be necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain your consent.

The processing of personal data, for example your name, address or e-mail address, always takes place in accordance with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to "TWINSOFT GmbH & Co KG". By means of this data protection declaration, we would like to inform you about the scope and purpose of the personal data collected, used and processed by us.

As data controllers, we have implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed via this website. Nevertheless, Internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, you are free to transfer personal data to us by alternative means, for example by phone or post.

RESPONSIBLE

The person responsible in the sense of the GDPR is:

TWINSOFT GmbH & Co. KG
Society for Software Development
Calor-Emag road 3
D – 40878 ratings
Telephone: +49 (0)2101/300 40
Fax: +49 (0)2101/3004 -50
Email: info@twinsoft.de (see also our imprint).

III. DATA PROTECTION CONTRACTORS

You can reach our data protection officer at datenschutzbeauftragter@twinsoft.de or our postal address with the addition "Datenschutzbeauftragter".

DEFINITIONS

The data protection declaration is based on the terms that were used by the European Directive and Regulation provider when issuing the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

In this data protection declaration, we use the following terms, among other things:

1. Personal data

Personal data is any information relating to an identified or identifiable natural person. An identifiable person shall be considered to be a natural person who can be identified directly or indirectly, in particular by assignment to an identifier such as a name, an identification number, location data, an online identifier or one or more specific characteristics which are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

2. Person concerned

Data subject is any identified or identifiable natural person whose personal data is processed by the controller (our company).

3. Processing

Processing means any operation or set of operations carried out, whether or not by automated means, in relation to personal data, such as collection, collection, organisation, ordering, storage, adaptation or alteration, read-out, consultation, use, disclosure by transmission, dissemination or any other form of provision, matching or linking, restriction, erasure or destruction.

4. Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

5. Profiling

Profiling is any type of automated processing of personal data which consists in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the performance of the work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location of that natural person.

6. Pseudonymisation

Pseudonymisation is the processing of personal data in such a way 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 ensuring that the personal data are not attributed to an identified or identifiable natural person.

7. Processors

Processor is a natural or legal person, authority, entity or other entity that processes personal data on behalf of the Controller.

8. Consignee

Recipient is a natural or legal person, authority, body or other entity to which personal data are disclosed, whether or not it is a third party. However, authorities which may receive personal data under a specific investigation mandate under Union or Member State law shall not be considered recipients.

9. Third party

A third party is a natural or legal person, authority, entity or body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or processor.

10. Consent

Consent is any expression of intent voluntarily given by the data subject for the specific case in an informed and unambiguous manner, in the form of a statement or other clear confirmatory act by which the data subject indicates that he or she agrees to the processing of the personal data concerning him or her.

V. LEGAL BASIS OF PROCESSING

Art. 6 para 1 lit. a GDPR (i.v.m. § 15 para). 3 TMG serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose.

Where the processing of personal data is necessary for the performance of a contract to which you are a party, as is the case, for example, for processing operations necessary for the supply of goods or for the provision of other services or consideration, the processing shall be based on nature. 6 para 1 lit. b GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services.

If our company is subject to a legal obligation which requires the processing of personal data, such as to fulfil tax obligations, the processing is based on art. 6 para 1 lit. c GDPR.

In rare cases, the processing of personal data could become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor in our company would be injured and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third parties. Then the processing would be in kind. 6 para 1 lit. d DS-GVO.

Ultimately, processing operations on art. 6 para 1 lit. f DS-GVO. This legal basis is based on processing operations that are not covered by any of the aforementioned legal bases if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, he took the view that a legitimate interest could be assumed if you are a customer of our company (recital 47, sentence 2, GDPR).

TECHNIQUE

1 SSL/TLS encryption

This site uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact requests that you send to us as operator. An encrypted connection can be recognized by the fact that in the address bar of the browser instead of an "http://" is an "https://" and on the lock icon in your browser bar.

We use this technology to protect your transmitted data.

2 Data collection when visiting the website

In the case of only informal use of our website, i.e. if you do not register or otherwise transmit information to us, we only collect such data that your browser transmits to our server (in so-called "server logfiles"). Our website collects a number of general data and information with each visit to a page by you or an automated system. This general data and information is stored in the log files of the server. They can be recorded.

  • browser types and versions used,
  • the operating system used by the accessing system,
  • the website from which an accessing system reaches our website (so-called referrers),
  • the sub-websites which are accessed via an accessing system on our website,
  • the date and time of access to the website,
  • an Internet protocol address (IP address),
  • the Internet service provider of the accessing system.

When using this general data and information, we do not draw any conclusions about you. Rather, this information is needed to:

  • to deliver the contents of our website correctly,
  • optimize the content of our website as well as the advertising for it,
  • ensure the permanent functionality of our IT systems and the technology of our website, and
  • to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyberattack.

We therefore evaluate this collected data and information statistically and further with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The data of the server logfiles are stored separately from all personal data provided by a data subject.

The legal basis for data processing is art. 6 para 1 p. 1 lit. f GDPR. Our legitimate interest follows from the purposes listed above for data collection.

VII. COOKIES

We use cookies on our website. These are small files that your browser automatically creates and that are stored on your IT system (laptop, tablet, smartphone or similar) when you visit our site.

The cookie stores information that arises in connection with the specific device used. However, this does not mean that we gain immediate knowledge of your identity.

The use of cookies serves on the one hand to make the use of our offer more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages of our website. These are automatically deleted after leaving our site.

In addition, we also use temporary cookies to optimize the user-friendliness, which are stored on your device for a specified period of time. If you visit our site again to use our services, it is automatically recognized that you have already been with us and which inputs and settings you have made in order not to have to enter them again.

You can set your browser so that you are informed about the setting of cookies and decide individually about their acceptance or the acceptance of cookies for certain cases or generally excluded. If cookies are not accepted, the functionality of this website may be limited.

Cookies required to carry out the electronic communication process or to provide certain functions desired by you (e.g. shopping cart function) are processed on the basis of art. 6 para 1 lit. f DSGVO. We have a legitimate interest in the storage of cookies for the technically error-free and optimized provision of its services. If other cookies (e.g. cookies for the analysis of your surfing behavior) are stored, they are treated separately in this data protection declaration.

CONTENT OF OUR INTERNETSITE

8.1 Application Management / Job Exchange

We collect and process the personal data of applicants for the purpose of handling the application process. The processing may also be carried out by electronic means. This is especially the case if an applicant sends us corresponding application documents by electronic means, for example by e-mail or via a web form located on the website. If we conclude an employment contract with an applicant, the transmitted data will be stored for the purpose of handling the employment relationship in compliance with the legal regulations. If we do not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after the notification of the rejection decision, provided that no other legitimate interests on our part oppose deletion. Other legitimate interest in this sense is, for example, a duty to prove in proceedings under the General Equal Treatment Act (AGG).

The legal basis for the processing of your data is Art. 88 DS-GVO i.V.m. § 26 para. 1 BDSG.

NEWSLETTER AND JOBLETTER

1 Newsletter to existing customers

If you provide us with your e-mail address when purchasing goods or have provided services, we reserve the right to regularly offer you offers for similar goods or Send services, such as those already purchased, from our range by e-mail. For this we must according to § 7 Abs. 3 UWG does not obtain separate consent from you. In this respect, the data processing takes place solely on the basis of our legitimate interest in personalized direct advertising in accordance with art. 6 para 1 lit. f GDPR. If you have initially objected to the use of your e-mail address for this purpose, we will not send mail. You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future by a notification to the responsible person mentioned at the beginning. For this purpose, you only incur transmission costs according to the basic tariffs. Upon receipt of your objection, the use of your e-mail address for advertising purposes will be discontinued immediately.

2 Advertising newsletters and jobletters

On our website you are given the opportunity to subscribe to the newsletter of our company as well as our jobletter. Which personal data is transmitted to us when ordering the newsletter, results from the input mask used for this purpose.

We inform our customers and business partners at regular intervals by means of a newsletter about our offers and in the context of the jobletter about vacancies. Newsletters and jobletters of our company can only be received by you if

  • You have a valid email address and
  • You have registered for newsletter/jobletter shipping.

For legal reasons, the e-mail address you entered for the first time for the sending of newsletters/jobletters will be sent a double opt-in confirmation mail. This confirmation mail is used to check whether you, as the owner of the e-mail address, have authorized the receipt of the news / jobletter.

When registering for the news/jobletter, we also store the IP address of the IT system used by you at the time of registration as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of your e-mail address at a later time and therefore serves our legal protection.

The personal data collected in the context of a registration to the News-Jobletter is used exclusively for sending our newsletter. In addition, subscribers to the newsletter could be informed by e-mail as soon as this is necessary for the operation of the newsletter service or registration in this regard, as could be the case in the event of changes to the news/jobleter offer or in the case of a change in technical conditions. There is no transfer of the personal data collected within the framework of the news / jobletter service to third parties. The subscription of our News-Jobletter can be terminated by you at any time. Consent to the storage of personal data that you have given us for news/jobletter dispatch can be revoked at any time. For the purpose of revoking the consent, a corresponding link can be found in each news/jobletter. Furthermore, it is possible to unsubscribe at any time directly by e-mail to marketing@twinsoft.de from the news/jobletter dispatch or to inform us in another way.

The legal basis of data processing for the purpose of sending news/jobleters is art. 6 para 1 lit. a DS-GVO.

3 CleverReach

This website uses CleverReach for sending news jobletters. The provider is CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180. CleverReach is a service that can be used to organize and analyze news/jobletter shipping. The data entered by you for the purpose of news / jobletter reference (e.g. e-mail address) are stored on the servers of CleverReach in Germany or Germany. Ireland stored.

Our news jobletters sent with CleverReach allow us to analyze the behavior of news/jobletter recipients. Among other things, it is possible to analyze how many recipients have opened the news / jobletter message and how often which link was clicked in the news jobletter. With the help of so-called conversion tracking, it can also be analyzed whether a predefined action (e.g. purchase of a product on our website) has taken place after clicking on the link in the news jobletter. For more information on CleverReach data analysis, click at: https://www.cleverreach.com/en/functions/reporting-and-tracking/.

The data processing takes place on the basis of your consent (Art. 6 para 1 lit. a GDPR). You can revoke this consent at any time by unsubscribing the news/jobletter. The legality of the data processing operations already carried out remains unaffected by the revocation.

If you do not want an analysis by CleverReach, you must unsubscribe from the news/jobletter. For this purpose, we provide a corresponding link in each news/jobletter message. Furthermore, you can unsubscribe from the news/jobletter directly by e-mail to marketing@twinsoft.de.

You can revoke your consent at any time. You can also prevent the processing at any time by unsubscribing the news/jobletter. You can also prevent the storage of cookies by setting your web browser accordingly. Also by deactivating Java script in your web browser or installing a Java script blocker (e.g. https://noscript.net or https://www.ghostery.com) you can prevent the storage and transmission of personal data. We point out that these measures may no longer make all functions of our Internet offer available.

The data you deposit with us for the purpose of the news / jobletter reference will be stored by us until your submission from the news / jobletter and deleted after the unsubscription of the news / jobletter both from our servers and from the servers of CleverReach. Data that has been stored with us for other purposes (e.g. e-mail addresses for the member area) remains unaffected.

For more information, see CleverReach’s privacy policy at: https://www.cleverreach.com/en/datenschutz/.

X. OUR ACTIVITY IN SOCIAL NETWORKS

So that we can also communicate with you in social networks and inform you about our services, we are represented there with our own pages. If you visit one of our social media sites, we are jointly responsible with the provider of the respective social media platform in terms of the art with regard to the processing processes triggered thereby, which concern personal data. 26 GDPR.

We are not the original provider of these sites, but only use them within the scope of the possibilities offered to us by the respective providers.

Therefore, as a precautionary measure, we point out that your data may also be processed outside the European Union or the European Economic Area. A use can therefore have data protection risks for you, since the protection of your rights e.g. to access, deletion, objection, etc. can be difficult and the processing in the social networks is often carried out directly for advertising purposes or for the analysis of user behavior by the providers, without this being influenced by us. If user profiles are created by the provider, cookies are often used or the user behavior is directly assigned to your own member profile of the social networks (if you are logged in here).

The described processing operations of personal data take place in accordance with art. 6 para 1 lit. f DS-GVO on the basis of our legitimate interest and the legitimate interest of the respective provider, in order to communicate with you in a contemporary manner. To be able to inform you about our services. If you have to give consent to data processing as a user to the respective providers, the legal basis refers to art. 6 para 1 lit. a DS-GVO in accordance with Art. 7 DS-GVO.

Since we do not have access to the data stocks of the providers, we point out that you best apply your rights (e.g. to information, correction, deletion, etc.) directly to the respective provider. Further information about the processing of your data in the social networks and the possibility of your objection or We have listed below the right of withdrawal (so-called opt-out) for the respective provider of social networks we use:

1 Facebook

(Co-)responsible for data processing in Europe:
Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland
Privacy policy: https://www.facebook.com/about/privacy
Opt-out and advertising settings: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen
https://en-en.facebook.com/about/privacy/

2 LinkedIn

(Co-)responsible for data processing in Europe:
LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland
Privacy policy: https://www.linkedin.com/legal/privacy-policy
Opt-out and advertising settings: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out

3 YouTube

(Co-)responsible for data processing in Europe:
Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland
Privacy policy: https://policies.google.com/privacy
Opt-out and advertising settings: https://adssettings.google.com/authenticated

4 XING

(Co-)responsible for data processing in Germany:
XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany
Data protection declaration: https://privacy.xing.com/en/Datenschutzkläung
Information requests for XING members: https://www.xing.com/settings/privacy/data/disclosure

The social media icons of Facebook, LinkedIn, YouTube and Xing displayed on our website are executed as pure link buttons. When integrating this offer, we invoke art. 6 par. 1 lit. f DSGVO, i.e. as a website operator, we have a legitimate interest in improving the user-friendliness of our website.

PLUGINS AND OTHER SERVICES

1 LiveZilla

We have integrated the LiveZilla component on our website. LiveZilla is a live support helpdesk software that enables direct communication in real time (so-called live chat) with visitors of their own website.

Developer of the LiveZilla component is LiveZilla GmbH, Byk-Gulden-Straße 18, 78224 Singen, Germany.

On each individual retrieval of our website, which is equipped with a LiveZilla component, data is collected by this component for the purpose of operating the live chat system and analyzing the operation of the system. More information on LiveZilla is available at https://www.livezilla.net/home/en/

The LiveZilla component sets a cookie on your IT system. The LiveZilla cookie can be used to create pseudonymised usage profiles. Such pseudonymised usage profiles can be used by us to carry out an analysis of visitor behaviour as well as to analyze and maintain the proper operation of the live chat system. The analysis also serves to improve our offer. The data collected via the LiveZilla component will not be used to identify you without your separate express consent. These data are not combined with personal data or with other data containing the same pseudonym.

You can prevent the setting of cookies by our website, as already explained above, at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent the LiveZilla component from setting a cookie on your IT system. In addition, a cookie already set by the LiveZilla component can be deleted at any time via the Internet browser or other software programs.

These processing operations take place only when express consent is given in accordance with art. 6 para 1 lit. a DS-GVO.

The applicable data protection provisions of LiveZilla GmbH can be accessed at https://www.livezilla.net/disclaimer/en/.

2 Use of OpenStreetMap

On this website are some maps provided by OpenStreetMap Foundation, 132 Maney Hill Road, Sutton Coldfield, West Midlands, B72 1JU, UK. OpenStreetMap is an open source mapping tool. The map sections are inactive and replaced by a placeholder. Only the active selection starts the integration of the card on our website. For this purpose, your IP address is transmitted to the Openstreetmap server by means of an iframes or by retrieving the so-called tiles (map images) from the provider's server. Furthermore, a session cookie is set. You are free to prevent this by waiving the use.

When integrating this offer, we invoke art. 6 para 1 lit. f GDPR, i.e. as a website operator, we have a legitimate interest in improving the user-friendliness of our website.

Information on data protection and the legal framework at Openstreetmap can be found under the following links.

https://wiki.osmfoundation.org/wiki/Privacy_Policy#Map_Data
https://wiki.osmfoundation.org/wiki/Licence/Licence_and_Legal_FAQ

XII. YOUR RIGHTS AS A PERSON CONCERNED

1 Right to confirmation

You have the right to request confirmation from us as to whether personal data concerning you is processed.

2 Right to information Art. 15 GDPR

You have the right to receive free information from us at any time about the personal data stored about you and a copy of this data in accordance with the legal provisions.

3 Right to rectification Art. 16 GDPR

You have the right to request the correction of inaccurate personal data concerning you. You also have the right to request the completion of incomplete personal data, taking into account the purposes of the processing.

4 Deletion Art. 17 GDPR

You have the right to request that the personal data concerning you be deleted immediately, provided that one of the reasons provided for by law applies and insofar as the processing or storage is not required.

5 Restriction of processing Art. 18 GDPR

You have the right to request us to restrict processing if one of the legal requirements is met.

6 Data portability Art. 20 GDPR

You have the right to receive the personal data concerning you, which has been provided to us by you, in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance by us, to whom the personal data has been provided, provided that the processing is based on the consent in accordance with art. 6 par. 1 lit. a or art. 9 para 2 lit. a GDPR or on a contract in accordance with Art. 6 para 1 lit. b DS-GVO is based and the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task which is in the public interest or in the exercise of public authority which has been assigned to us.

Furthermore, in exercising your right to data portability in accordance with Art. 20, par. 1 GDPR the right to obtain that the personal data are transmitted directly from a controller to another controller, as far as this is technically feasible and provided that the rights and freedoms of other persons are not affected.

7 Objection Art. 21 GDPR

You have the right, for reasons arising from your particular situation, at any time against the processing of personal data concerning you, based on art. 6 par. 1 lit. e (data processing in the public interest) or f (data processing on the basis of a balance of interests) GDPR is to file an objection.

This also applies to profiling based on these provisions in the sense of art. 4 No. 4 GDPR.

If you object, we will no longer process your personal data, unless we can prove compelling legitimate reasons for processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

In individual cases, we process personal data in order to carry out direct marketing. You may at any time object to the processing of personal data for the purpose of such advertising. This also applies to profiling, insofar as it is connected with such direct advertising. If you object to us processing for direct marketing purposes, we will no longer process the personal data for these purposes.

In addition, you have the right, for reasons arising from your particular situation, against the processing of personal data concerning you, which is carried out by us for scientific or historical research purposes or for statistical purposes according to art. 89 par. 1 DS-GVO, unless such processing is necessary to fulfill a task in the public interest.

You are free to exercise your right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

8 Revocation of data protection consent

You have the right to withdraw consent to the processing of personal data at any time with effect for the future.

9 Complaint to a supervisory authority

You have the right to complain to a data protection supervisory authority about our processing of personal data.

UPDATE AND CHANGES TO THE DATA PROTECTION DECLARATION

This data protection declaration is currently valid and has the status: August 2021.

Due to the further development of our websites and offers or due to changed legal or official requirements, it may become necessary to change this data protection declaration. The current data protection declaration can be accessed and printed by you at any time on the website under "https://www.twinsoft.de/datenschutz/".

Settlement of talks

Arrange a non-binding discussion with us. Get to know our service and services. We are happy to assist you with advice and action.

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