Data Privacy Statement
As of September 2021
I. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States and other data protection provisions is the:
erpware Daniel Seichter Neuhauser Strasse 6 71263 Weil der Stadt Germany https://www.erpware.co
II. Rights of the data subject
If personal data is processed by you, you are a data subject within the meaning of the GDPR and you have the following rights against the controller:
1. Right to Information
You may request confirmation from the controller as to whether personal data concerning you are being processed by us.
If such processing is taking place, you may request information from the controller about the following:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data which are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information on the origin of the data, if the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information about whether personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transfer.
2. Right to rectification
You have a right to rectification and/or completion vis-à-vis the controller, insofar as the processed personal data concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.
3. Right to restriction of processing
You may request the restriction of the processing of personal data concerning you under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need it for the establishment, exercise or defense of legal claims; or
(4) if you have objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the controller’s legitimate grounds override your grounds.
If the processing of personal data concerning you has been restricted, such data may - apart from being stored - only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
4. Right to erasure
a) Obligation to delete
You may request the controller to erase the personal data concerning you without undue delay, and the controller is obliged to erase such data without undue delay, if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based pursuant to Art. 6 (1) sentence 1 a or Art. 9 (2) a DSGVO and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 (1) DSGVO and there are no overriding legitimate grounds for the processing or you object to the processing pursuant to Art. 21 (2) DSGVO.
(4) The personal data concerning you have been processed unlawfully.
(5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
(6) The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8(1) DSGVO.
b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.
The right to erasure does not exist to the extent that the processing is necessary
(1) for the exercise of the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1) DSGVO, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
(5) for the assertion, exercise or defense of legal claims.
5. Right to information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you has been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right against the controller to be informed about these recipients.
6. Right to data portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that.
(1) the processing is based on consent pursuant to Art. 6 para. 1 sentence 1 lit. a DSGVO or Art.9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 sentence 1 lit. b DSGVO and
(2) the processing is carried out with the help of automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this. The right to data portability does not apply to 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
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 (1) sentence 1 lit. e or f DSGVO; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.
If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.
8. Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
9. Automated case-by-case decision, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the controller,
(2) is permitted by legal provisions of the Union or the Member States to which the controller is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests; or
(3) is made with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Art. 9 (1) p.1 DSGVO, unless Art. 9 (2) lit. a or g DSGVO applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases mentioned in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, which include, at a minimum, the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.
10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR. The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
III. General information on data processing
1. Scope of Personal Data Processing
We process personal data of our users only insofar as this is necessary for the provision of a functional website and our content and services. The processing of personal data of our users is regularly only carried out with the consent of the user. An exception applies in those cases where obtaining prior consent is not possible for actual reasons and the processing of the data is permitted by legal regulations.
2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing operations involving personal data, Art. 6 (1) sentence 1 lit. a of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) S.1 lit. b DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
Insofar as processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Art. 6 (1) sentence 1 lit. c DSGVO serves as the legal basis.
In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 para. 1 p.1 lit. d DSGVO serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the first-mentioned interest, Art. 6 (1) sentence 1 lit. f DSGVO serves as the legal basis for the processing.
3. Data erasure and storage time
The personal data of the data subject shall be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.
IV. Provision of the website and creation of log files
1. Description and scope of data processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.
The following data is collected:
- Information about the browser type and version used.
- The operating system of the user
- The Internet service provider of the user
- The IP address of the user
- Date and time of access
- Web pages from which the user’s system accesses our website.
This data is also stored in the log files of our system. A storage of this data together with other personal data of the user does not take place.
2. Legal basis for data processing
The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 p.1 lit. f DSGVO.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the IP address of the user must remain stored for the duration of the session. The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes are also our legitimate interest in data processing according to Art. 6 para. 1 p.1 lit. f DSGVO.
4. Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
5. Opposition and elimination
The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
Description and scope of data processing
The following data is stored and transmitted in the cookies:
- language settings
- Log-in information
- legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 p.1 lit. f DSGVO.
Purpose of data processing
We require cookies for the following applications:
- Adoption of language settings.
- To improve the quality and content of our website.
In these purposes also lies our legitimate interest in the processing of personal data according to Art. 6 para. 1 p.1 lit. f DSGVO.
Duration of storage, possibility of objection and elimination
This website uses Google AdSense, an advertising integration service provided by Google Inc. (“Google”). The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google AdSense uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. Google AdSense also uses so-called web beacons (invisible graphics). Through these web beacons, information such as visitor traffic on these pages can be analyzed.
The information generated by cookies and web beacons about the use of this website (including your IP address) and delivery of advertising formats will be transmitted to and stored by Google on servers in the United States. This information may be passed on by Google to contractual partners of Google. However, Google will not merge your IP address with other data stored by you.
The storage of AdSense cookies is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in analyzing user behavior in order to optimize both its web offering and its advertising.
If you subscribe to our company’s newsletter, the data in the respective input mask will be transmitted to the controller. The registration for our newsletter takes place in a so-called double opt-in procedure. This means that after registration, you will receive an e-mail in which you are asked to confirm your registration. This confirmation is necessary so that no one can register with foreign e-mail addresses. When registering for the newsletter, the user’s IP address and the date and time of registration are stored. This serves to prevent misuse of the services or the e-mail address of the person concerned. The data is not passed on to third parties. An exception exists if there is a legal obligation to pass on the data. The data is used exclusively for sending the newsletter. The subscription to the newsletter can be cancelled by the data subject at any time. Likewise, consent to the storage of personal data can be revoked at any time. For this purpose, a corresponding link can be found in each newsletter. The legal basis for the processing of the data after registration for the newsletter by the user is, if the user has given his consent, Art. 6 para. 1 lit. a) DSGVO. The legal basis for sending the newsletter as a result of the sale of goods or services is Section 7 (3) UWG.
Use of rapidmail
Description and purpose: We use rapidmail to send newsletters. The provider is rapidmail GmbH, Wentzingerstraße, 21, 79106 Freiburg, Germany. Among other things, rapidmail is used to organize and analyze the dispatch of newsletters. The data you enter for the purpose of receiving the newsletter is stored on rapidmail’s servers in Germany. If you do not want any analysis by rapidmail, you must unsubscribe from the newsletter. For this purpose, we provide a corresponding link in every newsletter message. Furthermore, you can also unsubscribe from the newsletter directly on the website. For the purpose of analysis, the e-mails sent with rapidmail contain a so-called tracking pixel, which connects to the servers of rapidmail when the e-mail is opened. In this way, it can be determined whether a newsletter message has been opened. Furthermore, with the help of rapidmail, we can determine whether and which links in the newsletter message are clicked. All links in the e-mail are so-called tracking links, with which your clicks can be counted.
Legal basis: The legal basis for the data processing is Art. 6 para. 1 lit. a) DSGVO.
Recipient: The recipient of the data is rapidmail GmbH.
Transmission to third countries: There is no transmission of data to third countries.
Duration: The data stored by us within the scope of your consent for the purpose of the newsletter will be stored by us until you unsubscribe from the newsletter and will be deleted from our servers as well as from the servers of rapidmail after you unsubscribe from the newsletter. Data stored by us for other purposes (e.g. e-mail addresses for the member area) remain unaffected by this.
Possibility of revocation: You have the possibility to revoke your consent to data processing with effect for the future at any time. The legality of the data processing operations already carried out remains unaffected by the revocation.
Further data protection information: For more details, please refer to rapidmail’s data security notice at: Data Security. For more details on rapidmail’s analytics features, please see the following link: Knowledge and Help.