STACKIT

Data Protection Notice

Privacy Policy for STACKIT and its related websites and services.

Last updated 06/2020

We take the protection of your personal data very seriously and strive to provide you with comprehensive information about the processing of your personal data. The following privacy policy explains how and for what purposes we process your personal data in connection when you visit our website or contact us.

As a rule, the personal data of yours that we collect is obtained directly from you. The statutory basis is, in particular, the EU General Data Protection Regulation (GDPR).

1. “Controller” within the meaning of Article 4(7) GDPR

The controller responsible for the below-described processing within the meaning of Article 4(7) GDPR is:

Schwarz IT KG Stiftsbergstraße 1 74172 Neckarsulm

Telephone: +49 7132 30-4000 E-Mail: info@stackit.de

2. Communication by e-mail/telephone/mail/contact form

2.1 Purposes of the processing/legal basis

We treat all personal data that we receive from you by e-mail telephone, mail or contact form confidentially. We use your data solely for the limited purpose of processing your request.

The legal basis for the processing is Article 6(1)(f) GDPR. Our legitimate interest arises from the interest in responding to your requests so that customer satisfaction is ensured and promoted.

When you send us personal data by contacting us for purposes of initiating or performing an existing contractual relationship, Article 6(1)(b) GDPR is the legal basis for data processing.

2.2 Recipients/categories of recipient

As a rule, we do not transfer the data to third parties outside Schwarz IT KG. In exceptional cases, we will have a processor process the data on our behalf. Such processors are carefully selected and bound by contract in accordance with Article 28 GDPR.

2.3. Obligation to provide your data

You are under no statutory or contractual obligation to provide personal data to us. However, if you do not provide us with the data required to process your request, we will not be able to process or respond to it.

2.4. Storage time/criteria for determining storage time

We delete or securely anonymize all information we receive from you when you make inquiries no later than 90 days after the final response is sent to you. The information is retained for 90 days in case you contact us again after a receiving a response from us on the same matter and we need to refer to our previous correspondence. Based on experience, we generally do not receive any questions concerning our responses after 90 days. If you assert your rights as a data subject, your personal data will be stored for three years after the final response in order to document the fact that we provided you with comprehensive information and that the legal requirements have been met.

If you send us personal data for purposes of initiating or performing a contract, statutory retention obligations require us to store that data for up to 12 years.

3. Data processed when you visit this website

The information in this chapter is equally valid for our websites as well as the associated subdomains and subpages. These currently include the following:

3.1. Purposes and legal basis of processing

When you visit this website, log files are generated containing the following information:

The legal basis for the processing is Article 6(1)(f) GDPR. Our legitimate interest arises from our interest in protecting our systems and preventing improper and/or fraudulent activity each time that a user accesses this website.

Where processing of the aforementioned data is necessary for preparing or performing a contractual relationship, we process your data on the basis of Article 6(1)(b) GDPR.

3.2. Recipients/categories of recipient

As a rule, we do not transfer the data to third parties outside Schwarz IT KG. In exceptional cases, we will have a processor process the data on our behalf. Such processors are carefully selected and bound by contract in accordance with Article 28 GDPR.

3.3. Obligation to provide your data

You are under no statutory or contractual obligation to provide personal data to us. However, such data will be processed for technical reasons as soon as you access our site. The only way to prevent your data from being processed is to stop using our website.

3.4. Duration of storage

We store the aforementioned data for a period of seven days.

4. Cookies

We, Schwarz IT KG, Stiftsbergstraße 1, 74172 Neckarsulm, Germany, are responsible with respect to data processing in connection with the use of “cookies” and other similar technologies to process usage data on all our websites and the corresponding subdomains and subsites. Currently, these include the following

If you give your consent to the use of cookies and similar technologies on our websites or on one of the associated subdomains or subsites, this consent also extends to the use of cookies and similar technologies to process your data on the other website and all other corresponding subdomains or subsites.

Cookies are small text files that are stored on your end device (laptop, tablet, smartphone, etc.) when you visit our websites. Cookies do not cause any harm to your end device, nor do they contain any viruses, trojans or other malware. The cookie stores certain information that results in connection with the specific end device deployed. This does not, however, mean that we will immediately become aware of your identity.

You may also configure your browser to ensure that a warning appears every time a new cookie is placed. This makes the use of cookies more transparent for you. You may also configure your browser to refuse acceptance of all or some cookies from certain sources. Please be advised, however, that disabling cookies may limit the functionality of this website.

4.1. Purposes and legal basis of processing

Cookies and the other technologies used to process usage data are deployed for the following purposes, depending on the categories of cookie/other technologies:

Depending on the purpose, the use of cookies and similar technologies to process usage data involves processing the following types of personal data in particular:

Necessary:

Preferences:

Statistics:

Marketing:

The legal basis for using preference, statistical and marketing cookies and similar technologies is your consent given pursuant to Article 6(1)(a) GDPR. The legal basis for using technically necessary cookies and similar technologies is your consent given pursuant to Article 6(1)(f) GDPR. We have a legitimate interest in ensuring the technical stability and security of website operation.

You may withdraw/modify your consent at any time with effect for the future without this affecting the lawfulness of the processing based on consent before its withdrawal. Click herehier to make your selection.

For an Informationoverview of the cookies and other technologies we use, including the respective purposes of processing, storage periods and any third party providers involved, see our Cookie-Bestimmungen.

4.2. Recipients/categories of recipient

When using cookies and similar technologies to process usage data, we may on occasion retain specialized service providers, particularly from the field of online marketing, to process data. These service providers process data on our behalf.

If you have consented to processing for marketing purposes, we may potentially share your User ID and the associated user profiles with third parties via the providers of advertising networks.

For information about other recipients in connection with using cookies to process data, see our cookie policy under the heading “Providers”.

4.3. Transfer of data to third countries

As a rule, we do not transfer your data to recipients located outside of the European Union or the European Economic Area. To the extent that you have consented to the use of the relevant cookies, your data will only be transferred if it is processed using Google Analytics, Google Tag Manager or Google AdWords, in which case it will be transferred to the servers Google LLC. Some of these servers are located in the U.S. The European Commission has held in its Decision of July 12, 2016 that under provisions of the EU-U.S. Privacy Shield there is an adequate level of data protection in the U.S. (known as an “adequacy decision” in accordance with Article 45 GDPR). The service provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, is Privacy Shield-certified.

4.4. Obligation to provide your data

You are under no statutory or contractual obligation to provide personal data to us. You may prevent cookies from being stored by adjusting the aforementioned settings, selecting the categories of cookies accordingly or by withdrawing or modifying any consent you may have given.

4.5. Duration of storage

For information on the duration of storage for cookies, see our Cookie-Bestimmungen. If “persistent” is entered in the “expiration” column, the cookie will be stored permanently until the corresponding consent is withdrawn.

5. Newsletter subscription (currently only available for employees of the Schwarz Group)

5.1. Purposes and legal basis of processing

We offer you the opportunity to subscribe to our newsletter. If you consent to receive our newsletter, we will use your e-mail address and name (if provided by you) to send you information about STACKIT. This includes, for example, information about new features, support options and news in connection with STACKIT and our associated services.

The legal basis for such processing is your consent pursuant to Article 6(1)(a) GDPR.

To ensure that no mistakes are made when entering the e-mail address, we use the “double opt-in” procedure: once you enter your e-mail address in the registration field, we will send you a confirmation link. Your e-mail address will not be added to our distribution list until you click on the confirmation link.

You may withdraw your consent to receive the newsletter at any time with effect for the future, e.g., by unsubscribing from the newsletter on our website. The link to the unsubscribe page is provided at the bottom of every newsletter. When you unsubscribe, we consider your consent to a newsletter subscription and the receipt of newsletter based thereon as withdrawn. We will delete your usage data. The lawfulness of the processing carried out until such time as we receive your notice of withdrawal shall not be affected.

5.2. Recipients/categories of recipient

The data you send us to subscribe to the newsletter cannot be accessed by any third parties.

5.3. Obligation to provide your data

You are under no statutory or contractual obligation to provide personal data to us. Subscribing to our newsletter is voluntary and always subject to your consent.

5.4. Duration of storage

Your e-mail address and your name (if provided by you) will be deleted as soon as you unsubscribe from our newsletter.

6. Our social media sites

6.1 Responsibilities

The party responsible for the collection and processing of data described below (the controller) is in some cases us, Schwarz IT KG, and in some cases the operator of the relevant social media platform. For certain types of processing, we and the platform operator act as joint controllers as defined in Article 26 GDPR.

We use the following social media sites:

Link: LinkedIn Link: Xing

6.1.1 Responsibilities of the platform operators

We have only limited control over the processing of data by the operators of social media platforms (e.g., the management of members and the information shared). In the situations in which we are able to have influence and can set parameters for the data processing, we endeavor to ensure within the confines of the options available to us that the social media platform operator deals with the data in accordance with data protection law requirements. In many cases, however, we are unable to influence the way in which social media platform operators process data and also do not know exactly which data they process.

Platform operators operate the entire IT infrastructure of the service, have their own privacy policies and maintain their own user agreements with you (where you are a registered user of the social media service). The operator is also solely responsible for all questions relating to the data that makes up your user profile, which we as a company have no access to.

You will find further information about the data processing performed by social media platform operators and your rights to object in the privacy policies of the operators.

Link: LinkedIn Link: Xing

6.1.2 Our responsibilities as Schwarz IT KG

6.1.2.1 Purposes and legal basis of processing

We process data on our social media sites for the purpose of providing information to customers about services, promotions, prize draws, specific topics and latest company news, to interact with visitors to our social media sites on these topics, and to respond to relevant inquiries and positive or negative feedback.

We merely reserve the right to delete content if it becomes necessary to do so. We may share your content on our site if this is one of the functions of the social media platform, and communicate with you through the social media platform. Article 6(1)(f) GDPR is the legal basis for this. The processing is carried out for the purpose of our public relations work and communications. Operators have no ability to influence our processing of your data in connection with customer communications or prize draws.

As already mentioned, where social media platform operators give us the option, we make sure we design our social media sites to be as compliant as possible with data protection laws.

6.1.2.2 Recipients/categories of recipient

The data entered by you on our social media sites, such as comments, videos, images, likes, public messages, etc., is published by the social media platforms and is not used or processed by us for other purposes at any time. We merely reserve the right to delete unlawful content if it becomes necessary to do so. This would be the case, for example, for posts that infringe rights or violate the law, comments that incite hatred, offensive comments (sexually explicit content) or attachments (e.g., images or videos), which may be in violation of copyright laws, moral rights/rights of publicity or criminal law.

We may share your content on our site if this is one of the functions of the social media platform, and communicate through the social media platform. If you post an inquiry on the social media platform, we may also, depending on the required response, refer you to other more secure modes of communication that guarantee confidentiality. You always have the option of sending confidential inquiries to us at our address listed under no. 1 above or in the “legal notice” section of our website.

6.1.2.3 Obligation to provide your data

You are under no statutory or contractual obligation to provide personal data to us. When you use our social media sites for purely informational purposes, we do not collect any personal data. You can still visit our sites even if you do not wish to provide us with any personal data, but you will not be able to use any enhanced features such as the news function and the function allowing you to post images or comments etc.

6.1.2.4 Storage period

We delete or securely anonymize all information we receive from you when you make inquiries no later than 90 days after the final response is sent to you. The information is retained for 90 days in case you contact us again after a receiving a response from us on the same matter and we need to refer to our previous correspondence. Based on experience, we generally do not receive any questions concerning our responses after 90 days. If you assert your rights as a data subject, your personal data will be stored for three years after the final response in order to document the fact that we provided you with comprehensive information and that the legal requirements have been met.

All public posts that you put on our social media sites remain in the timeline for an indefinite period, unless we delete them as part of updating the information on the topic, they violate the law or breach our guidelines or policies, or you delete the post yourself. We have no control over the deletion of your data by the operator itself. The privacy policy of the relevant operator therefore also applies in relation to the storage period.

6.2 Shared responsibilities

In some cases, we and the operator of the social media service act as joint controllers as defined in Article 26(1) GDPR:

We and the platform operator act as joint controllers with regard to the web tracking methods used by the social media platform operator. Web tracking can occur regardless of whether you are logged in or registered on the social media platform. As already explained, unfortunately we have almost no control over the web tracking methods used by social media platforms. We are unable, for example, to switch web tracking off.

The legal basis for the web tracking methods is Article 6(1)(f) GDPR. Optimizing social media platforms and the relevant fan pages is seen as a legitimate interest for the purpose of the above provision.

For further information about recipients and categories of recipients and the duration of data storage and the criteria for determining the storage period, please refer to the privacy policies of the platform operators. We do not have any control over this.

For further information about recipients and categories of recipients and the duration of data storage and the criteria for determining the storage period, please refer to the privacy policies of the platform operators. We do not have any control over this.

We have only a very limited ability to influence and prevent the provision of statistics to us by social media platform operators. However, we do make sure that we do not receive any additional optional statistics.

Please be aware that it is possible that social media platforms will use your profile and user behavior data in order to analyze, for example, your habits, personal relationships and preferences etc. Schwarz IT KG has no control over the processing or disclosure of your data by social media platform operators.

7. Your rights as the data subject

Under Article 15(1) GDPR, you have the right to obtain information, free of charge, on the personal data stored about you.

If the statutory requirements are met, you also have a right to rectification (Article 16 GDPR), erasure (Article 17 GDPR) and restriction of processing (Article 18 GDPR) of your personal data.

If the basis of processing is Article 6(1)(e) or (f) GDPR, you have a right to object under Article 21 GDPR. If you object to processing, your data will no longer be processed thereafter, unless the controller demonstrates compelling legitimate grounds for the processing which override the interests of the data subject in the objection.

If you have provided the processed data yourself, you have a right to data portability under Article 20 GDPR.

If the data processing is carried out on the basis of consent granted under Article 6(1)(a) or Article 9(2)(a) GDPR, you may revoke that consent at any time with effect for the future without this affecting the lawfulness of the previous processing.

In the above-mentioned cases, or if you have questions or complaints, please write to or e-mail the data protection officer. You also have a right to lodge a complaint with a data protection supervisory authority. The data protection supervisory authority located in the state in which you live or where the controller is domiciled has jurisdiction.

8. Data protection officer

For further questions concerning the processing of your data or the exercise of your rights, please contact the competent data protection officer of the controller at:

datenschutz süd GmbH – Stichwort Schwarz IT KG – Wörthstraße 15 97082 Würzburg

E-Mail: office@datenschutz-sued.de