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Data protection

Twinsoft

Privacy Policy

I. Introduction

With the following information, we would like to give you as a ‘affected person' an overview of the processing of your personal data by us and your rights under the data protection laws. It is generally possible to use our website without entering personal data. However, if you wish to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain your consent.

The processing of personal data, such as your name, address or e-mail address, is always carried out 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 privacy policy, we would like to inform you about the scope and purpose of the personal data we collect, use and process.

As the controller, we have implemented numerous technical and organisational measures to ensure that the personal data processed via this website is protected as completely as possible. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, you are free to transmit personal data to us by alternative means, for example by telephone or post.

II. Responsible person

The controller within the meaning of the GDPR is :

TWINSOFT GmbH & Co. KG
Gesellschaft für Softwareentwicklung

Europaplatz 2
D – 64293 Darmstadt
Telefon: +49 (0)6151/397 56-0
Telefax: +49 (0)6151/397 56-50

E-Mail: info@twinsoft.de

see also our Imprint).

III. Data privacy officer

You can contact our data protection officer at datenschutzbeauftragter@twinsoft.de or at our postal address with the addition ‘Data Privacy Officer’.

IV. Definitions

The data protection declaration is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy 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.

We use the following terms, among others, in this privacy policy:

1. Personal data
Personal data is any information relating to an identified or identifiable natural person. 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
Affected person is any identified or identifiable natural person whose personal data is processed by the controller (our company).

3. Processing
Processing is 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 is the marking of stored personal data with the aim of restricting its future processing.

5. Profiling
Profiling is 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 is 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. Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

8. Recipient
Recipient is 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 enquiry in accordance with Union or Member State law shall not be regarded as recipients.

9. Third Party
Third party is 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 authorised to process personal data.

10. Consent
Consent is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

 

 

 

 

V. Legal basis of the processing

Art. 6 Abs. 1 lit. a DS-GVO (i.V.m. § 15 Abs. 3 DDG) dient unserem Unternehmen als Rechtsgrundlage für Verarbeitungsvorgänge, bei denen wir eine Einwilligung für einen bestimmten Verarbeitungszweck einholen.

If the processing of personal data is necessary for the fulfilment of a contract to which you are a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 Abs. 1 lit. b DS-GVO.. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services.

If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 Abs. 1 lit. c DS-GVO.

In rare cases, it may be necessary to process personal data 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 to our company were injured and their name, age, health insurance details or other vital information would have to be passed on to a doctor, hospital or other third party. The processing would then be based on Art. 6 Abs. 1 lit. d DS-GVO.

Ultimately, processing operations could be based on Art. 6 Abs. 1 lit. f DS-GVO. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company 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. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if you are a customer of our company (Erwägungsgrund 47 Satz 2 DS-GVO).

 

VI Technology

1 SSL/TLS encryption
Diese Seite nutzt zur Gewährleistung der Sicherheit der Datenverarbeitung und zum Schutz der Übertragung vertraulicher Inhalte, wie zum Beispiel Bestellungen, Login-Daten oder Kontaktanfragen, die Sie an uns als Betreiber senden, eine SSL-bzw. TLS-Verschlüsselung. Eine verschlüsselte Verbindung erkennen Sie daran, dass in der Adresszeile des Browsers statt einem „http://“ ein „https://“ steht und an dem Schloss-Symbol in Ihrer Browserzeile.
Wir setzen diese Technologie ein, um Ihre übermittelten Daten zu schützen.

2 Data Collection when Visiting the Website
When you use our website for informational purposes only, i.e. you do not register or otherwise transmit information to us, we only collect data that your browser transmits to our server (in so-called "server log files"). Our website collects a series of general data and information with each page view by you or an automated system. This general data and information are stored in the server's log files. The following data may be collected:
1. The browser types and versions used,
2. The operating system used by the accessing system,
3. The website from which an accessing system reaches our website (so-called referrer),
4. The sub-websites that are accessed via an accessing system on our website,
5. The date and time of access to the website,
6. An internet protocol address (IP address),
7. The internet service provider of the accessing system.

When using these general data and information, we do not draw any conclusions about your person. This information is rather required to:
1. deliver the contents of our website correctly,
2. optimise the contents of our website and the advertising for it,
3. ensure the permanent functionality of our IT systems and the technology of our website, as well as
4. to provide law enforcement agencies with the necessary information in the event of a cyber attack.

This collected data and information is therefore analysed by us both statistically and 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 processed by us. The data of the server log files are stored separately from all personal data provided by a data subject.

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

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, etc.) when you visit our website.

Information is stored in the cookie that results in each case in connection with the specific end device used. However, this does not mean that we obtain direct knowledge of your identity.

On the one hand, the use of cookies serves to make the use of our website more pleasant for you. For example, we use so-called session cookies to recognise that you have already visited individual pages of our website. These are automatically deleted after you have left our site. In addition, we also use temporary cookies to optimise user-friendliness, which are stored on your end device for a certain period of time. If you visit our site again to use our services, it is automatically recognised that you have already visited us and which entries and settings you have made so that you do not have to enter them again.

You can set your browser so that you are informed about the setting of cookies and can decide individually whether to accept them or to exclude the acceptance of cookies for certain cases or in general If cookies are not accepted, the functionality of this website may be restricted.

Cookies that are required to carry out the electronic communication process or to provide certain functions you have requested (e.g. shopping basket function) are stored on the basis of Art. 6 para. 1 lit. f GDPR. We have a legitimate interest in the storage of cookies for the technically error-free and optimised provision of our services. Insofar as other cookies (e.g. cookies for analysing your surfing behaviour) are stored, these are treated separately in this privacy policy.

VIII. Contents of our website

8.1 Application Management & Job Exchange
We collect and process the personal data of applicants for the purpose of processing the application process. Processing may also be carried out electronically. This is particularly the case if an applicant submits corresponding application documents to us electronically, for example by e-mail or via a web form on the website. If we conclude an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If we do not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests on our part are opposed to deletion. Other legitimate interests in this sense include, for example, the duty to provide evidence in proceedings under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG).

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

IX. Newsletter und Jobletter

1 Newsletter mailing to existing customers
If you have provided us with your e-mail address when purchasing goods or services, we reserve the right to regularly send you offers for similar goods or services to those already purchased from our range by e-mail. In accordance with § 7 Abs. 3 UWG, we do not need to obtain separate consent from you for this. In this respect, data processing is carried out solely on the basis of our legitimate interest in personalised direct advertising in accordance with Art. 6 Abs. 1 lit. f DS-GVO. If you have initially objected to the use of your email address for this purpose, we will not send you any emails. You are entitled to object to the use of your email address for the aforementioned advertising purpose at any time with effect for the future by sending a message to the controller named at the beginning. You will only incur transmission costs for this in accordance with the basic rates. Upon receipt of your objection, the use of your e-mail address for advertising purposes will be discontinued immediately.

2 Advertising Newsletters and Job Newsletters
On our website, you are given the opportunity to subscribe to the newsletter of our company as well as our job newsletter. The personal data that is transmitted to us when ordering the newsletter is determined by the input field used for this purpose.
We inform our customers and business partners at regular intervals by means of a newsletter about our offers and within the framework of the job newsletter about job vacancies. Newsletters and job newsletters of our company can generally only be received by you if
1. You have a valid email address and
2. You have registered for the newsletter/job newsletter dispatch.

For legal reasons, a confirmation email is sent to the email address you have registered for the first time for the newsletter/job newsletter dispatch using the double opt-in procedure. This confirmation email serves to verify whether you, as the owner of the email address, have authorised the receipt of the news/job newsletter.
When registering for the news/job newsletter, we also store the IP address assigned by your internet service provider (ISP) of the IT system you used at the time of registration, as well as the date and time of registration. The collection of this data is necessary to be able to trace any (potential) misuse of your email address at a later point in time and therefore serves our legal protection.
The personal data collected as part of a registration for the news/job newsletter is used exclusively for the purpose of sending our newsletter. Furthermore, newsletter subscribers could be informed by email if this is necessary for the operation of the newsletter service or a related registration, as could be the case in the event of changes to the news/job newsletter offering or changes to the technical conditions. The personal data collected as part of the news/job newsletter service is not passed on to third parties. You can cancel your subscription to our news/job newsletter at any time. The consent to the storage of personal data that you have given us for the dispatch of the news/job newsletter can be revoked at any time. For the purpose of revoking the consent, there is a corresponding link in every news/job newsletter. Furthermore, there is the possibility to unsubscribe from the news/job newsletter dispatch at any time by sending an email to marketing@twinsoft.de or by informing us in another way. The legal basis for data processing for the purpose of news/job newsletter dispatch is Art. 6 Abs. 1 lit. a DS-GVO.

3 CleverReach
This website uses CleverReach for the dispatch of news/job newsletters. The provider is CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede. CleverReach is a service with which the dispatch and analysis of the news/job newsletter can be organised. The data you have entered for the purpose of receiving the news/job newsletter (e.g. email address) is stored on the servers of CleverReach in Germany or Ireland.
Our news/job newsletters sent with CleverReach enable us to analyse the behaviour of the news/job newsletter recipients. This can be used to analyse, among other things, how many recipients have opened the news/job newsletter and how often each link in the news/job newsletter has been clicked. The so-called conversion tracking can also be used to analyse whether an action predefined after clicking the link in the news/job newsletter (e.g. purchase of a product on our website) has taken place. Further information on data analysis by CleverReach can be found at: https://www.cleverreach.com/de/funktionen/reporting-und-tracking/.
The data processing is carried out on the basis of your consent (Art. 6 (1) lit. a GDPR). You can revoke this consent at any time by unsubscribing from the news/job newsletter. The lawfulness of the data processing operations already carried out remains unaffected by the revocation.
If you do not wish to be analysed by CleverReach, you must unsubscribe from the news/job newsletter. For this purpose, we provide a corresponding link in every news/job newsletter message. Furthermore, you can also unsubscribe from the news/job newsletter directly by email to marketing@twinsoft.de.
You can revoke the consent you have given at any time. You can also prevent the processing at any time by unsubscribing from the news/job newsletter. You can also prevent the storage of cookies by setting your web browser accordingly. You can also prevent the storage and transmission of personal data by deactivating JavaScript in your web browser or installing a JavaScript blocker (e.g. https://noscript.net or https://www.ghostery.com). Please note that these measures may result in not all functions of our website being available.
The data you have stored with us for the purpose of receiving the news/job newsletter will be stored by us until you unsubscribe from the news/job newsletter and will be deleted from our servers as well as from the servers of CleverReach after you have unsubscribed from the news/job newsletter. Data stored with us for other purposes (e.g. email addresses for the member area) remain unaffected by this. For more details, please refer to the privacy policy of CleverReach at: https://www.cleverreach.com/de/datenschutz/.

X. Our activities in social networks

In order to communicate with you and inform you about our services in social networks as well, we are represented there with our own pages. When you visit one of our social media pages, we are jointly responsible with the provider of the respective social media platform for the resulting data processing operations that involve personal data, within the meaning of Art. 26 DS-GVO.
We are not the original provider of these pages, but merely use them within the scope of the possibilities offered to us by the respective providers.
Therefore, we would like to point out that your data may also be processed outside the European Union or the European Economic Area. Using these services may therefore involve data protection risks for you, as the enforcement of your rights, e.g. to information, deletion, objection, etc., may be more difficult and the processing in the social networks is often carried out directly for advertising purposes or for the analysis of user behaviour by the providers, without us being able to influence this. If the provider creates user profiles, cookies are often used or the usage behaviour is directly assigned to your own member profile in the social networks (if you are logged in here).
The described data processing operations of personal data are carried out in accordance with Art. 6 Abs. 1 lit. f DS-GVO on the basis of our legitimate interest and the legitimate interest of the respective provider, in order to be able to communicate with you in a contemporary way and to inform you about our services. If you have to give your consent as a user to data processing with the respective providers, the legal basis is Art. 6 (1) lit. a GDPR in conjunction with Art. 7 GDPR.
Since we do not have access to the data stocks of the providers, we would like to point out that you should assert your rights (e.g. to information, correction, deletion, etc.) directly with the respective provider. Further information on the processing of your data in the social networks and the possibility to make use of your right of objection or revocation (so-called opt-out) can be found below for the respective social network provider used by us:

1 Facebook
(Co-) Controller for data processing in Europe:
Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland
Privacy Policy (Data Policy):
https://www.facebook.com/about/privacy
Opt-Out and Advertising Settings:
https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen
https://de-de.facebook.com/about/privacy/

2 LinkedIn
(Joint) controller for data processing in Europe:
LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Irland
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
(Joint) controller for data processing in Europe:
Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland
Privacy policy:
https://policies.google.com/privacy
Opt-out and advertising settings:
https://adssettings.google.com/authenticated

4 XING
(Joint) controller for data processing in Germany:
XING AG, Dammtorstraße 29-32, 20354 Hamburg, Deutschland
Privacy policy:
https://privacy.xing.com/de/datenschutzerklaerung
Auskunftsanfragen für XING Mitglieder:
https://www.xing.com/settings/privacy/data/disclosure

The social media icons from Facebook, LinkedIn, YouTube and Xing displayed on our website are designed purely as link buttons. When integrating this offer, we refer to Art. 6 Abs. 1 lit. f DSGVO, i.e. as a website operator we have a legitimate interest in improving the user-friendliness of our website.

XI. Plugins und andere Dienste

1 LiveZilla We have integrated the LiveZilla component on our website. LiveZilla is a live support helpdesk software that enables the establishment of direct real-time communication (so-called live chat) with visitors to our own website.
The developer of the LiveZilla component is LiveZilla GmbH, Byk-Gulden-Straße 18, 78224 Singen, Germany.
With each individual retrieval of our website equipped with a LiveZilla component, data is collected by this component for the purpose of operating the live chat system and analysing the operation of the system. Further information on LiveZilla can be found at https://www.livezilla.net/home/de/.
The LiveZilla component sets a cookie on your IT system. Pseudonymised user profiles can be created via the LiveZilla cookie. Such pseudonymised user profiles can be used by us to analyse visitor behaviour and to analyse 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 explicit consent. This data will not be merged with personal data or with other data containing the same pseudonym.
As already mentioned above, you can prevent the setting of cookies by our website 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. Furthermore, 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 are carried out exclusively with the express consent in accordance with Art. 6 (1) lit. a GDPR. The applicable data protection regulations of LiveZilla GmbH can be accessed at https://www.livezilla.net/disclaimer/de/.

This website contains some map excerpts provided by the OpenStreetMap Foundation, 132 Maney Hill Road, Sutton Coldfield, West Midlands, B72 1JU, United Kingdom.
OpenStreetMap is an open-source mapping tool. The map excerpts are inactive and replaced by a placeholder. Only the active selection starts the integration of the map on our website. For this purpose, your IP address is transmitted to the Openstreetmap server via an iframe 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 refraining from using it.
In integrating this service, we rely on Art. 6 (1) lit. f GDPR, i.e. as the 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 is available at 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 affected person

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

2 Right to information Art. 15 DS-GVO
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 statutory provisions.

3 Recht auf Berichtigung Art. 16 DS-GVO
Sie haben das Recht, die Berichtigung Sie betreffender unrichtiger personenbezogener Daten zu verlangen. Ferner steht Ihnen das Recht zu, unter Berücksichtigung der Zwecke der Verarbeitung, die Vervollständigung unvollständiger personenbezogener Daten zu verlangen.

4. Deletion Art. 17 DS-GVO
You have the right to demand that we delete your personal data immediately if one of the reasons provided for by law applies and insofar as the processing or storage is not necessary.

5 Restriction of processing Art. 18 DS-GVO
You have the right to demand that we restrict processing if one of the legal requirements is met.

You have the right to receive the personal data concerning you that you have provided to the responsible person in a structured, common and machine-readable format. In addition, you have the right to communicate this data to another data controller without being hindered by the controller to whom the personal data was provided, provided that
(1) the processing is based on a consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and
(2) the processing is carried out by automated means. In exercising this right, you also have the right to request that the personal data concerning you be transmitted directly by one responsible person to another responsible person, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this. The right to data transfer does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller

7 Right to Object Art. 21 GDPR
You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on Article 6(1)(e) (data processing in the public interest) or Article 6(1)(f) (data processing based on a balancing of interests) of the DS-GVO.
This also applies to profiling based on these provisions within the meaning of Article 4(4) of the DS-GVO.
If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defence of legal claims.
In individual cases, we process personal data for the purpose of direct marketing. You can object to the processing of your personal data for the purposes of such marketing at any time. This also applies to profiling, insofar as it is related to such direct marketing. If you object to us regarding the processing for direct marketing purposes, we will no longer process the personal data for these purposes.
In addition, you have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out by us for scientific or historical research purposes or statistical purposes pursuant to Art. 89 Abs. 1 DS-GVO, unless the processing is necessary for the performance of a task carried out in the public interest.
You are free to exercise your right to object by automated means using technical specifications in connection with the use of services of the information society, regardless of Directive 2002/58/EC.

8 Withdrawal of Consent under Data Protection Law
You have the right to withdraw your 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 lodge a complaint with a data protection supervisory authority regarding our processing of personal data.

XIII Up-to-dateness and amendment of the privacy policy

This privacy policy is currently valid and is dated: August 2021.
Due to the further development of our websites and offerings or due to changes in legal or regulatory requirements, it may become necessary to amend this privacy policy. The current privacy policy can be accessed and printed at any time on the website at "https://www.twinsoft.de/datenschutz/".

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