1 Introduction
We are pleased to welcome you to our websites and thank you for your interest in SOPTIM AG, [hereinafter referred to as “SOPTIM”].
This data privacy policy informs you about the collection and use of your personal data in connection with the visit to our websites (www.soptim.de) [hereinafter referred to as the “websites”] and the use of the services available there.
SOPTIM takes the protection of your data very seriously. In the collection, processing and usage of your data we of course observe the applicable data protection regulations, in particular the provisions of the General Data Protection Regulation [hereinafter referred to as the “GDPR”], the Federal Privacy Act (Bundesdatenschutzgesetz) and the Tele-media Act (Telemediengesetz).
Please note that SOPTIM reserves the right to modify the content of this data privacy policy. In this respect, we recommend that you consult the data privacy policy at regular intervals.
2 Person in charge and data protection officer
The person in charge of the websites with responsibility for processing personal data in accordance with the provisions of the GDPR is:
SOPTIM AG
Im Suesterfeld 5-7
52072 Aachen
Germany
Phone: +49 241 400 23 – 0
Fax: +49 241 400 23 – 109
E-mail: info@soptim.de
Our data protection officer Peter Kansy is also available to answer any questions regarding data privacy aspects and our data privacy policy. > datenschutz@soptim.de
3 Personal data
Personal data refers to individual information about personal or factual circumstances of a natural person. Accordingly, your personal data includes all data that contains information about your personal or factual circumstances and thus allows identification of your person. Examples of such data include, for example, your name, address, telephone number or E-mail address.
4 Purpose and legal basis of data processing
4.1 Informational use of the websites
You can visit our websites for informational use without giving any personal information. In this case, SOPTIM does not process any personal data – with the exception of the data transmitted by your browser to enable you to visit our website. We process this data pursuant to the following legal basis:
- If you visit our websites for informational use: To carry out pre-contractual measures and, if applicable, to fulfil a contract pursuant to Art. 6 para. 1 b) GDPR.
- In order to make the websites technically available to you and to take measures to protect our websites with respect to cyber risks: To protect our legitimate interests pursuant to Art. 6 para. 1 f) GDPR.
4.1.1 Data processed
When you visit our websites, SOPTIM accordingly collects data about the corresponding access and saves it as “server log files”. For example, the following data can be logged:
- Web pages visited
- Time of access
- Source/reference from where the site was reached
- Country from which access was made
- “Return” (re-visit)
- Duration of visit
- Downloads performed
- Browser used
- Type of device used
- Operating system used
- IP address used
The aforementioned data, which are not linked to your personal data, are used solely for statistical evaluations and for the improvement of the websites. SOPTIM reserves the right to check the server logfiles retrospectively, if specific indications point to an illegal use of the websites.
4.1.2 Use of cookies
Our websites use cookies. These are small text files that are stored on your end device. They simplify and accelerate the management of your visit to our websites, increase their user-friendliness and enable an analysis of usage, in particular for the purpose of optimising our internet offering.
On the one hand we use so-called “session cookies”, which are stored temporarily for the duration of your use of the internet pages. They save a session ID, which allows different requests from your browser to be assigned to the shared session – so that your browser can be recognised when you return to a website. Closing the browser deletes these session cookies.
We also use “permanent cookies”. These are for user-friendliness, so that, for example, certain preferences are immediately available to you when you next visit our websites. The content of the permanent cookies is limited to an identification number. Your name, IP address, etc. are not saved, so that a single profile about your usage behavior is not created.
You can prevent the installation of the cookies by appropriate setting in the browser software you use or control and/or delete cookies. The use of our websites remains possible, although in certain cases functional restrictions may occur.
4.1.3 Use of web tracking
Our websites use Google Analytics, a web analytics service provided by Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Irland [hereinafter referred to as “Google”].
Google Analytics uses “cookies” which are stored on your computer and enable the analysis of your use of our websites. The information created by the cookies with respect to your use of our websites are normally transferred to and stored on Google servers in the US.
The use of Google Analytics and the related processing of your data is based on our legitimate interest to improve our websites and the related services, which is in accordance with Art. 6 para. 1 f) GDPR.
However, the IP anonymisation is activated on our websites. Accordingly, your IP address is truncated within member states of the European Union or in other states party to the Agreement on the European Economic Area before transmission. Only in exceptional cases will the full IP address be sent to Google servers in the US and truncated there. As a result, the information transmitted can no longer be assigned to one individual person and the IP address will not be merged with other Google data.
Google analyses the use of our websites based on a data protection addendum (between Google and us) that is in line with Art. 28 GDPR.
You can choose whether or not a web-analysis cookie, that enables Google Analytics to collect and analyse statistical data, will be stored on your computer.
You can prevent cookies from being stored by an appropriate setting in the browser software. The use of our websites remains possible in this case. In certain cases, however, functional restrictions may occur. In addition, you can prevent Google Analytics from collecting and processing your data on the websites you visit by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de
You can also prevent Google Analytics from collecting your data on this website by clicking on the following link. An opt-out cookie will be set to prevent the future collection of your data when you visit our websites: deactivate Google Analytics
More information on data protection aspects regarding Google Analytics is available within Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=de
4.2 Active use of our websites
In addition to the purely informational use of our websites, you can use our websites in an active way. You can, e.g. send an inquiry to us, register for a training session provided by the SOPTIM Academy or subscribe to the SOPTIM newsletter. In addition to the above-mentioned processing of your personal data for purely informational puposes, in this case, we will also process other personal data that we require from you in order to e.g. process and respond to your inquiry.
4.2.1 Inquiries
Inquiries within the meaning of this data privacy policy are e.g. inquires regarding the scope of the software solutions offered by us or inquiries regarding the use of the SOPTIM software that is in operational use within your company
In case of an inquiry (e.g. by making use of the corresponding contact forms, by E-mail or by phone) we process your personal data provided by you in this context. In any case, this includes your name and E-mail address, so that we can send you an answer. Also further data may be required in this context (e.g. your telephone number and the name of your company when sending an inquiry regarding the use of the SOPTIM software). Furthermore, this includes other information that you send us in the context of your inquiry.
We process this data pursuant to the following legal basis:
- To carry out pre-contractual measures and, if applicable, to fulfil a contract pursuant to Art. 6 para. 1 b) GDPR.
- To protect our legitimate interests pursuant to Art. 6 para. 1 f) GDPR – in order to answer your inquiry in an adequate way.
4.2.2 Subscription to the SOPTIM newsletter
You have the option of subscribing to a free SOPTIM newsletter on the corresponding website. The newsletter will then be sent after each publication to the E-mail address you provided.
Of course, you also have the option within the newsletter-related E-mail to unsubscribe from the newsletter with effect for the future. Alternatively, you can also send us the corresponding request by making use of the contact details listed in No. 2 of this data privacy policy.
In case you want to subscribe to the SOPTIM newsletter, you only have to provide your E-mail address (mandatory information). If you also provide your name this allows us to provide the newsletter in a personalised way.
We process this data pursuant to the following legal basis:
- Based on the transmission of your data and, accordingly, based on your given consent, in accordance with Art. 6 para. 1 a) GDPR.
4.2.3 Processing of comments
On our websites’ blog in particular, you have the opportunity to enter a comment stating your name and, if applicable, your E-mail address.
Please note that such a comment with the above-mentioned personal data as well as the date and time of its creation is then visible on the respective websites, and accordingly publicly accessible.
By using the commenting option, you agree to this display of the above-mentioned data.
SOPTIM reserves the right to alter or, if necessary, to delete a comment you have created, if SOPTIM deems this to be necessary due to legal regulations or other reasons.
We process this data pursuant to the following legal basis:
- Based on the transmission of your data and, accordingly, based on your given consent, in accordance with Art. 6 para. 1 a) GDPR.
4.2.4 Services
On our websites we provide a number of services, e.g. SOPTIM Community. Before making use of some of these services a contract of use has to be signed by your company first.
With respect to some of these services you yourself can conclude a contract of use by accepting the terms of use both personally and as an authorised representative of your company. In any case you have to register yourself/sign on to the service personally. When signing on to the service for the first time the terms of use will be displayed.
These terms of use also provide information which personal data is stored and processed in the context of the service. Accordingly, please read the terms of use carefully and accept them (in case you agree with them).
Accordingly, we process this data pursuant to the following legal basis:
- Based on the transmission of your data and, accordingly, based on your given consent, in accordance with Art. 6 para. 1 a) GDPR.
- To fulfil a contract pursuant to Art. 6 para. 1 b) GDPR.
4.2.5 SOPTIM Academy
Our websites provide the possibility to register online for an event offered by the SOPTIM Academy. The personal data that has to be provided in this context is shown in the corresponding registration form. In case you transfer your data to us in this context – no matter whether this is done by using the online registration form or by other means – we process this data pursuant to the following legal basis:
- Based on the transmission of your data and, accordingly, based on your given consent, in accordance with Art. 6 para. 1 a) GDPR.
- To fulfil a contract pursuant to Art. 6 para. 1 b) GDPR.
5 Video plug-ins
5.1. Video plug-in YouTube
Our websites use YouTube plug-ins. YouTube is provided by Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Irland.
When you visit our websites that provide YouTube plug-ins, a connection to YouTube servers will be established and the servers will be informed which of our websites you have visited.
When your haved logged into your YouTube account, YouTube is able to assign your surfing behaviour to your profile. This can be avoided by logging out from the YouTube account in advance.
The use of YouTube and the related processing of your data is based on our legitimate interest in providing sophisticated online services pursuant to Art. 6 para. 1 f) GDPR.
Further information regarding the processing of user data can be found in Google’s/YouTube’s privacy policy: https://www.google.de/intl/de/policies/privacy
5.2. Video plug-in Vimeo
Some of our websites use Vimeo plug-ins. Vimeo is operated by Vimeo, LLC with its headquarter in 555 West 18th Street, New York, New York 10011, USA.
When you visit the websites that provide Vimeo plug-ins, a connection to Vimeo servers will be established and the servers will be informed which of our websites you have visited.
When your are logged into Vimeo using your user account, Vimeo is able to assign your surfing behaviour (e. g. which video you have watched) to your profile. This can be avoided by logging out from your Vimeo account in advance and by deleting the relevant cookies in Vimeo.
The use of Vimeo and the related processing of your data is based on our legitimate interest in providing sophisticated online services pursuant to Art. 6 para. 1 f) GDPR.
Further information regarding the processing of user data can be found in Vimeo’s privacy policy: https://vimeo.com/privacy
6 Social Links
Services such as Twitter, LinkedIn or Xing are linked to the websites. After clicking on the graphics included on our websites, you will be redirected to the page of the respective provider.
In this case, the external provider may receive the information from your browser describing which of our websites you have come from. Like any other provider of websites, we are unable to influence this process.
For information on the handling of your data when using the abovementioned services, please refer to the data privacy policy of the respective provider.
7 Recipients of your data
Initially, only our employees receive knowledge of your personal data.
A transfer of your personal data to third parties only takes place if you have consented to this transfer, if it is necessary for a settlement of an inquiry, a service provided on our websites or a contractual relationship and/or if we are required by a judicial or regulatory order to disclose your data.
In the context of providing our websites and the related services as well as processing contracts, especially the following service providers may be involved:
- Marketing service providers in the context of sending information/newsletters.
- IT service providers in the context of administration and hosting of our websites and the related services
- Hotels (e.g. in case you ask us to book a hotel room for you when visiting the SOPTIM Academy)
If required, these service providers have access to your data. In this context, the service providers are contractually obliged to comply with data protection regulations, and they process personal data only strictly in line with our instructions.
8 Transfer to a third country
SOPTIM does not transfer your personal data collected when using our websites to countries outside the EU or the EEA (European Economic Area). An exception is the transfer of anonymised data in the web-tracking context (see section 4.1.3).
9 Duration of data storage
In accordance with article 17 para. 1 a) GDPR, your personal data is routinely deleted if it is no longer necessary for fulfilment of an inquiry, a service provided on our websites or a contract and if it is no longer subject to statutory retention periods.
Instead of being deleted, data is restricted for processing if there are legal or factual obstacles to deletion.
10 Automated decision making/profiling
SOPTIM does not use automated decision making or profiling (an automated analysis of your personal circumstances).
11 Security
Due to security reasons and in order to protect confidential data, e. g. when your inquiries via the websites are transferred to us, SSL/TLS encryption will be used https:// (instead of http://) in the browser address bar and a lock symbol in the browser line indicate an encrypted connection. In this case data you transfer to us cannot be accessed by third parties.
In addition, we take technical and organisational security measures to protect your personal data managed by us from accidental or intentional manipulation, loss, destruction or access by unauthorised persons.
Data processing and security measures are continuously being improved by SOPTIM in line with technological developments.
12 Your rights as a data subject (especially pursuant to Art. 15 – 21 GDPR)
12.1 Information
On request, at no cost and at any time you are entitled to receive information about all personal data we have stored about you.
12.2 Correction, deletion, restriction of processing and objection
If you no longer agree that your personal data is stored by us or if this information is no longer correct, we will – based on an appropriate notice from you – take care that your data is deleted, the processing of your data is restricted or the necessary corrections are made (to the extent possible under the applicable law). The same applies if we receive the instruction to restrict processing with future effect.
12.3 Data transferability
Upon request, we will provide you with your personal data stored within our systems in a structured, commonly used and machine-readable format so that you can e.g. share this information with another company or person in charge.
12.4 Revocation
You have the right to revoke any consent given at any time with future effect. This revocation does not affect the legality of any data processing carried out with your consent before the time of revocation.
12.5 Complaint
Under the conditions laid down in Article 77 GDPR, you are entitled to lodge a complaint with a supervisory authority.
12.6 Exercising your rights as data subject
If you have any questions concerning the processing of your personal data, if you would like to exercise your right to information, correction, deletion, restriction of processing, objection or revocation with respect to your personal data or if you want to have your data provided for transfer, please contact our data protection officer (contact details can be found in clause 2 of this Data Privacy Policy).
We also recommend that you always address a complaint to our data protection officer first.
13 Data Privacy Policy – status
This privacy policy is currently valid and was issued on 22 December 2021.