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In accordance with the legal requirements of data protection law (in particular the Federal Data Protection Act (BDSG) as amended and the European Data Protection Regulation (DS-GVO)), we would like to inform you about the type, scope and purpose of the processing of personal data by our company. This privacy policy also applies to our websites and social media profiles. With regard to the definition of terms such as "personal data" or "processing",

 

Name and contact details of the person(s) responsible

Our responsible person (hereinafter referred to as "Responsible Person") within the meaning of Art. 4 No. 7 DS-GVO is

heseler softwareentwicklung
Lohstr. 48a
46047 Oberhausen
Managing director Michael Heseler
Fax: +49 208 8833489
E-Mail-Adress: This email address is being protected from spambots. You need JavaScript enabled to view it.

Data types, purposes of processing and categories of data subjects

In the following, we inform you about the type, scope and purpose of the collection, processing and use of personal data.

1. Types of data we process

  • Usage data (access times, websites visited, etc.)
  • inventory data (name, address etc.)
  • Contact data (phone number, e-mail, fax, etc.)


2. The purposes of processing in accordance with Art. 13 Paragraph 1 c) DS-GVO

  • Optimize website technically and economically
  • Provide easy access to the website
  • Optimization and statistical evaluation of our services
  • Support commercial use of the website
  • Improve user experience
  • Design a user-friendly website
  • Economic operation of advertising and website
  • Creation of statistics
  • Avoidance of SPAM and abuse
  • Handling contact requests
  • Provide websites with features and content
  • Security measures
  • Uninterrupted, secure operation of our website

 
3. Categories of data subjects under Art. 13 Paragraph 1e) DS-GVO
Visitors/users of the website

The persons concerned are collectively referred to as "users".


Legal basis for the processing of personal data

In the following we inform you about the legal basis of the processing of personal data:

  1. If we have obtained your consent to process personal data, Art. 6 Para. 1 S. 1 lit. a) DS-GVO is the legal basis.
  2. If the processing is necessary for the performance of a contract or for the implementation of pre-contractual measures taken in response to your request, Art. 6 para. 1 sentence 1 lit. b) DS-GVO is the legal basis.
  3. If the processing is necessary to fulfil a legal obligation to which we are subject (e.g. statutory storage obligations), Art. 6 para. 1 sentence 1 lit. c) DS-GVO is the legal basis.
  4. If the processing is necessary to protect vital interests of the data subject or of another natural person, Art. 6 para. 1 sentence 1 lit. d) DS-GVO is the legal basis.
  5. If the processing is necessary to safeguard our interests or the legitimate interests of a third party and your interests or fundamental rights and freedoms do not prevail in this respect, Art. 6 para. 1 sentence 1 lit. f) DS-GVO is the legal basis.


Transfer of personal data to third parties and processors.

Without your consent, we will not pass on any data to third parties. Should this be the case, however, the transfer will take place on the basis of the aforementioned legal bases, e.g. when data is passed on to online payment providers for the purpose of fulfilling a contract or due to a court order or due to a legal obligation to surrender the data for the purpose of criminal prosecution, to avert danger or to enforce intellectual property rights.
We also use contract processors (external service providers e.g. for web hosting of our websites and databases) to process your data. If data is passed on to the processors as part of an agreement for order processing, this is always done in accordance with Art. 28 DS-GVO. We select our processors carefully, check them regularly and have been granted the right to issue instructions regarding the data. In addition, the processors must have taken suitable technical and organizational measures and comply with the data protection regulations according to BDSG n.F. and DS-GVO.


Data transfer to third countries

With the adoption of the European Data Protection Basic Regulation (DS-GVO), a uniform basis for data protection in Europe was created. Your data is therefore processed primarily by companies to which the DS-GVO applies. If, however, processing is carried out by services of third parties outside the European Union or the European Economic Area, they must comply with the special requirements of Art. 44 ff. DS-GVO. This means that the processing is carried out on the basis of special guarantees, such as the EU Commission's officially recognized determination of a level of data protection corresponding to that of the EU or compliance with officially recognized special contractual obligations, the so-called "standard contractual clauses".
Insofar as we obtain your express consent to the transfer of data to the USA due to the invalidity of the so-called "Privacy Shield" in accordance with Art. 49 Para. 1 S. 1 lit. a) DSGVO, we will point out the risk of secret access by US authorities and the use of the data for monitoring purposes, if necessary without legal recourse for EU citizens.


Deletion of data and storage duration

Unless expressly stated in this data protection declaration, your personal data will be deleted or blocked as soon as the consent granted for processing is revoked by you or the purpose for storing the data no longer applies or the data is no longer required for the purpose, unless its further storage is required for evidence purposes or this is opposed by statutory storage obligations. This includes, for example, commercial storage obligations for business letters according to § 257 para. 1 HGB (6 years) as well as tax storage obligations according to § 147 para. 1 AO of receipts (10 years). When the prescribed retention period expires, your data will be blocked or deleted, unless the storage is still necessary for the conclusion or fulfillment of a contract.


Existence of an automated decision making process

We do not use automatic decision making or profiling.


Provision of our website and creation of log files

  1. If you use our website for informational purposes only (i.e. no registration or other transmission of information), we only collect the personal data that your browser sends to our server. If you wish to view our website, we collect the following data:
    • IP Address
    • Internet service provider of the user
    • Date and time of retrieval
    • Browsertype
    • Language and browser version
    • Content of the retrieval
    • Time zone
    • Access status/HTTP status code
    • amount of data
    • Websites from which the request comes
    • Operating system
    This data will not be stored together with other personal data of yours.

  2. These data serve the purpose of user-friendly, functional and secure delivery of our website to you with functions and contents as well as their optimization and statistical evaluation.

  3. The legal basis for this is our justified interest in data processing in accordance with Art. 6 Para. 1 S.1 lit. f) DS-GVO, which also lies in the above-mentioned purposes.

  4. For security reasons, we store this data in server log files for the storage period of 70 days. After this period, they are automatically deleted, unless we need to keep them for evidence in case of attacks on the server infrastructure or other legal violations.


Cookies

  1. We use so-called cookies when you visit our website. Cookies are small text files that your internet browser places and stores on your computer. When you visit our website again, these cookies provide information to automatically recognize you. Cookies also include the so-called "user IDs", where user information is stored using pseudonymized profiles. When you visit our website, we will inform you about the use of cookies for the aforementioned purposes and how you can object to or prevent their storage ("opt-out") by referring to our data protection declaration.

    The following types of cookies are distinguished:

    • Necessary, essential cookies:Essential cookies are cookies that are absolutely necessary for the operation of the website in order to save certain functions of the website such as logins, shopping cart or user entries e.g. regarding the language of the website.

    • Session-Cookies:Session cookies are required to recognize multiple uses of an offer by the same user (e.g. if you have logged in to determine your login status). When you visit our site again, these cookies provide information to automatically recognize you. The information obtained in this way is used to optimize our offers and make it easier for you to access our site. When you close the browser or log out, the session cookies are deleted.

    • Persistent Cookies:These cookies remain stored even after the browser is closed. They are used to store the login, for range measurement and for marketing purposes. They are automatically deleted after a specified period of time, which may vary depending on the cookie. You can delete the cookies at any time in the security settings of your browser.

    • Third-Party-Cookies:You can configure your browser settings according to your preferences and, for example, refuse to accept third-party cookies or all cookies. However, we would like to point out at this point that you may not be able to use all functions of this website. Please read more about these cookies in the respective third-party privacy policies.

  2. Data categories:User data, cookie, user ID (including the pages visited, device information, access times and IP addresses).

  3. Purpose of processing:The information obtained in this way serves the purpose of optimising our web offers technically and economically and to enable you to access our website more easily and securely.

  4. Legal basis:If we process your personal data with the help of cookies on the basis of your consent ("opt-in"), then Art. 6 para. 1 sentence 1 lit. a) DSGVO is the legal basis. Otherwise we have a legitimate interest in the effective functionality, improvement and economic operation of the website, so that in this case Art. 6 para. 1 sentence 1 lit. f) DS-GVO is the legal basis. In addition, the legal basis is Art. 6 Para. 1 S. 1 lit. b) DS-GVO, if the cookies are used to initiate a contract, e.g. when placing an order.

  5. Storage duration/deletion:The data will be deleted as soon as they are no longer necessary for the purpose of their collection. In the case of the collection of data for the provision of the website, this is the case when the respective session is ended.

    Cookies are otherwise stored on your computer and transmitted from there to our site. Therefore you as a user have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies. Already stored cookies can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that not all functions of the website can be used to their full extent.

    Here you will find information on the deletion of cookies by browser:

    Chrome: https://support.google.com/chrome/answer/95647

    Safari: https://support.apple.com/de-at/guide/safari/sfri11471/mac

    Firefox: https://support.mozilla.org/de/kb/cookies-und-website-daten-in-firefox-loschen

    Internet Explorer: https://support.microsoft.com/de-at/help/17442/windows-internet-explorer-delete-manage-cookies

    Microsoft Edge: https://support.microsoft.com/de-at/help/4027947/windows-delete-cookies

  6. Opposition and "Opt-Out":You can generally prevent cookies from being stored on your hard drive, regardless of consent or legal permission, by selecting "do not accept cookies" in your browser settings. However, this may result in a functional limitation of our offers. You can object to the use of third-party cookies for advertising purposes by means of a so-called "opt-out" via this American website (https://optout.aboutads.info) or this European website (http://www.youronlinechoices.com/de/praferenzmanagement/).


Use of the blog functions / comments

  1. You can make public comments in our blog, which contains posts on topics of our website. You can use a pseudonym instead of a real name. Your post will then be published under the pseudonym. It is mandatory to provide your e-mail address, all other information is voluntary.

  2. When you post a comment, we save your IP address with date and time, which we delete after days. The storage serves the legitimate interest of the defense against claims of third parties in the publication of illegal or untrue content by you. We store your e-mail address for the purpose of contacting you in case third parties should legally object to your comments.

  3. The legal basis is Art. 6 (1) sentence 1 lit. b) and f) DS-GVO.

  4. We do not review your comments before publication. In case of complaints by third parties, we reserve the right to delete your comments. We do not pass on the data to third parties unless it is necessary to pursue our claims or if there is a legal obligation to do so (Art. 6 para. 1 p. 1. lit. c) DS-GVO).

  5. The data will be deleted as soon as they are no longer necessary for the purpose of their collection or the execution of the contract because the contract has been terminated.

Use of our forum

  1. Prerequisite for the use of the forum is the registration via the corresponding online form. You can read the forum without registration and, if you register, you can publish articles and topics under a pseudonym. There is no obligation to use a clear name. After registering via the online form in the forum, you will receive a confirmation email to verify your data, which you can use to confirm your registration by clicking on it ("double opt-in procedure"). With the activation of your account by the person in charge, the free forum usage contract comes into effect (conclusion of contract). If you do not confirm your registration by mouse click, your registration will be deleted within 24 hours.

  2. If we have activated your account, until you log out, we will store, in addition to your registration data, all activities in the forum, in particular your public topics and posts, your profile details, your private messages, your signature, your account pinboard and your reputation, in order to operate the forum. When you publish new topics and posts, we store your IP address with date and time, which we delete after 70 days. The storage serves the legitimate interest of the defense against claims of third parties in the publication of illegal or untrue content by you. We store your e-mail address and name for the purpose of contacting you in case third parties should legally object to your content.

  3. The legal basis is Art. 6 (1) sentence 1 lit. b) and f) DS-GVO.

  4. If your forum account is deleted, your forum posts and topics will remain visible to all readers and findable via search engines and will be marked as "Guest". All other data will be deleted. If you also want your forum posts and topics to be deleted, you must inform the person responsible for the forum about this using the above contact details before deleting the account. After deletion of the account, it is no longer possible to assign and delete the posts.

Contact via contact form / e-mail / fax / mail

  1. When contacting us via contact form, fax, mail or e-mail, your data will be processed for the purpose of processing your contact request.

  2. The legal basis for the processing of the data is Art. 6 Abs. 1 S. 1 lit. a) DS-GVO if you have given your consent. The legal basis for the processing of data transmitted in the course of a contact inquiry or e-mail, letter or fax is Art. 6 para. 1 p. 1 lit. f) DS-GVO. The person responsible has a legitimate interest in the processing and storage of the data in order to be able to respond to user inquiries, to secure evidence for liability reasons and, if necessary, to be able to comply with his or her legal obligations to retain business letters. If the contact is aimed at the conclusion of a contract, an additional legal basis for processing is Art. 6 para. 1 p. 1 lit. b) DS-GVO.

  3. We may store your information and contact request in our customer relationship management system ("CRM system") or similar system.

  4. The data will be deleted as soon as they are no longer necessary for the purpose of their collection. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with you has ended. The conversation ends when it is clear from the circumstances that the matter in question has been finally clarified. Inquiries from users who have an account or a contract with us will be stored for a period of two years after termination of the contract. In the case of legal archiving obligations, deletion takes place after their expiry: end of commercial law (6 years) and tax law (10 years) retention obligation.

  5. You have the option of withdrawing your consent to the processing of personal data in accordance with Art. 6 Paragraph 1 S. 1 lit. a) DS-GVO at any time. If you contact us by e-mail, you can object to the storage of your personal data at any time.

Contact by phone

  1. When contacting us by phone, your phone number will be processed and temporarily stored or displayed in the RAM / cache of the phone device / display for the purpose of processing the contact request and its handling. The storage is done for liability and security reasons to be able to prove the call and for economic reasons to enable a call back. In case of unauthorized advertising calls, we block the phone numbers.

  2. The legal basis for the processing of the telephone number is Art. 6 Abs. 1 S. 1 lit. f) DS-GVO. If the aim of the contact is to conclude a contract, the additional legal basis for processing is Art. 6 Par. 1 lit. b) DS-GVO.

  3. The device cache stores the calls for 30 days and successively overwrites or deletes old data. When the device is disposed of, all data is deleted and the memory is destroyed if necessary. Blocked phone numbers are checked annually for the necessity of blocking.

  4. You can prevent the phone number from being displayed by calling with the phone number suppressed.

Google Analytics

  1. We have integrated the website analysis tool "Google Analytics" ( service provider: Google Ireland Limited, Register No.: 368047, Gordon House, Barrow Street, Dublin 4, Ireland) on our website.

  2. Data categories and description of data processing: User-ID, IP address (anonymized). When you visit our website, Google places a cookie on your computer in order to be able to analyze your use of our website. We have activated the IP-anonymization "anonymizeIP", whereby the IP-addresses are only processed in a shortened form. On this website, your IP address will therefore be shortened by Google within member states of the European Union or in other states which are party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage. We have also activated the cross-device analysis of website visitors, which is carried out via a so-called user ID. The IP address transmitted by your browser within the framework of Google Analytics is not merged with other data from Google. You can find further information on data usage with Google Analytics here: https://www.google.com/analytics/terms/de.html (Terms of use of Analytics), https://support.google.com/analytics/answer/6004245?hl=de (Analytics Privacy Policy) and Google's Privacy Policy https://policies.google.com/privacy.

  3. purpose of processing: The use of Google Analytics serves the purpose of analysis, optimization and improvement of our website.

  4. Legal basis: If you have given your consent ("opt-in") for the processing of your personal data by the third party provider using "Google Analytics", then Art. 6 Para. 1 S. 1 lit. a) DS-GVO is the legal basis. The legal basis is also our legitimate interest in the above-mentioned purposes (the analysis, optimization and improvement of our website) in data processing in accordance with Art. 6 Para. 1 S.1 lit. f) DS-GVO. In the case of services provided in connection with a contract, tracking and analysis of user behavior is carried out in accordance with Art. 6 Para. 1 S. 1 lit. b) DS-GVO, in order to be able to use the information thus obtained to offer optimized services to fulfill the purpose of the contract.

  5. Storage period: The data sent by us and linked to cookies, user IDs (e.g. User ID) or advertising IDs are automatically deleted after 14 months. Data whose retention period has been reached is automatically deleted once a month.

  6. Data transfer/recipient category: Google, Ireland and USA. We have also concluded an agreement with Google for order processing in accordance with Art. 28 DS-GVO.

  7. Opposition and elimination possibilities ("Opt-Out"):
    •You can generally prevent cookies from being stored on your hard drive by selecting "do not accept cookies" in your browser settings. However, this may result in a functional limitation of our offers. You can also prevent the collection of data generated by the cookie and related to your use of the website to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de

    •As an alternative to the above browser plugin, you can prevent Google Analytics from collecting data by clicking [__here please__insert the Analytics Opt-Out link of your website]. The click will set an "opt-out" cookie that will prevent the collection of your information when you visit this website in the future. This cookie is only valid for our website and your current browser and only lasts until you delete your cookies. In this case you would have to set the cookie again.

    •You can deactivate the cross-device user analysis in your Google Account under "My data > personal data".


Rights of the person concerned

    1. Objection or revocation against the processing of your data

      Insofar as the processing is based on your consent in accordance with Art. 6 para. 1 sentence 1 lit. a), Art. 7 DS-GVO, you have the right to revoke your consent at any time. This does not affect the lawfulness of the processing carried out on the basis of the consent until revocation.

      Insofar as we base the processing of your personal data on the weighing of interests in accordance with Art. 6 Para. 1 S. 1 lit. f) DS-GVO, you may object to the processing. This is the case if the processing is in particular not necessary for the performance of a contract with you, which we will describe in the following description of the functions. In the event of such an objection, we request that you explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the facts of the case and will either stop or adapt the data processing or show you our compelling reasons worthy of protection on the basis of which we will continue the processing.

      You can object to the processing of your personal data for the purposes of advertising and data analysis at any time. You can exercise the right of objection free of charge. You can inform us of your objection to advertising by contacting us at the following address:

      heseler softwareentwicklung
      Lohstr. 48a
      46047 Oberhausen
      Managing Director Michael Heseler
      Fax: +49 208 8833489
      E-Mail address: This email address is being protected from spambots. You need JavaScript enabled to view it.
  1. Right of information

  2. You have a right to information about your personal data stored by us according to Art. 15 DS-GVO. This includes, in particular, information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the origin of your data, if it has not been collected directly from you.

  3. Right to rectification
    You have the right to correct incorrect or complete correct data in accordance with Art. 16 DS-GVO.

  4. Right of deletion
    You have the right to have your data stored by us deleted in accordance with Art. 17 DS-GVO, unless legal or contractual retention periods or other legal obligations or rights to further storage conflict with this.

  5. Right of restriction
    You have the right to request a restriction on the processing of your personal data if one of the conditions in Art. 18 Paragraph 1 letters a) to d) DS-GVO is fulfilled:
    • If you dispute the accuracy of the personal data concerning you for a period that allows the person responsible to verify the accuracy of the personal data

    • the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data

    • the data controller no longer needs the personal data for the purposes of the processing, but you need it in order to assert, exercise or defend legal claims, or

    • if you have lodged an objection to the processing pursuant to Art. 21 para. 1 DPA and it has not yet been established whether the legitimate reasons of the controller outweigh your reasons.

  6. Right of data transferability
    You have a right to data transfer in accordance with Art. 20 DS-GVO, which means that you can receive the personal data we have stored about you in a structured, common and machine-readable format or request that it be transferred to another responsible party.

  7. Right of complaint
    You have a right to complain to a regulatory body. As a rule, you can refer to the supervisory authority, in particular in the Member State in which you are resident, your place of work or the place of the suspected infringement.


Data security

In order to protect all personal data transmitted to us and to ensure that the data protection regulations are observed by us and our external service providers, we have taken appropriate technical and organizational security measures. Therefore, among other things, all data between your browser and our server is transmitted in encrypted form via a secure SSL connection.



Date: 28.09.2020

Source: Sample privacy policy of JuraForum.de