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Data protection Mandatory information

I. Introduction

We, act'o-soft GmbH Informationssysteme, Brackweder Str. 51, 33790 Halle (Westf.), post@actosoft.de as the responsible body, would like to explain to you below which of your data we process and how.

 

II Data Protection Officer


If you have any questions about data protection, please contact our data protection officer Mr Thomas Werning.

 

He can be reached at:
werning.com GmbH - Dieselstraße 12 - 32791 Lage,
e-mail: datenschutz@actosoft.de, phone: +49 5232 980-4700

With this data protection information, we as the responsible body fulfil our obligation to provide information in accordance with Art. 12-14 GDPR.

III. Information on data collection and processing

Below you will find information on which personal data (this is all data that identifies you as a natural person (hereinafter "data subject") or makes you identifiable) can be collected.

These are for example:

  • Customer master data for contract performance/fulfilment of the service, name, address, e-mail address, data in connection with payment processing, correspondence (e.g. correspondence or e-mail correspondence with you), advertising and sales data (e.g. for information about new potentially interesting offers by post or, with appropriate consent, also by e-mail)
  • Data from contact initiation such as name, telephone number, e-mail address
  • Supplier data such as name, telephone number, e-mail address
  • Employee data such as name, address, bank details, religious affiliation,
    personnel number, national insurance number, log data generated when using the IT systems as well as other and special categories of personal data
  • Applicant data such as name, address, e-mail address, marital status, religious affiliation
  • Personal data of participants in internships, Girls' Days/Boys' Days, career explorations and pupils who visit us with their school (e.g. IT courses) and gain an insight into the company (e.g. surname, first name, age/date of birth, address, telephone number, e-mail address, class, school name)
  • Data due to video surveillance

IV. Right of appeal

If you are of the opinion that the processing of your personal data violates the General Data Protection Regulation, you have the right to lodge a complaint with the data protection supervisory authority responsible for us, the State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia, https://www.ldi.nrw.de/, as well as with any other data protection supervisory authority.

 

V. Purposes of the processing

1.         Customer data/interested parties

Purpose of the processing

We process data that we receive in the course of our business relationship with you. We receive the data directly from you. Either in the case of enquiries from interested parties and contacts, the placing of orders or order processing (see "Information on data collection and processing").

Legal basis:

The collection and processing of data is necessary for the performance of the contract and is based on Art. 6 para. 1 lit. b) GDPR. The use for direct advertising is based on Art. 6 para. 1 lit. f) GDPR. It is our legitimate interest to draw your attention to special offers by means of direct advertising. The data will not be passed on to third parties unless required by law, e.g. to the tax office within the framework of tax laws. The data is deleted as soon as it is no longer required for the purpose of its processing or after expiry of the statutory retention periods (e.g. accounting documents relevant under tax and commercial law: 10 years; commercial and business letters: 6 years; records of suppliers, type, quantity, purchase, delivery: 3 years).

You have the right to object to the use of your data for the purpose of direct marketing at any time. You are also entitled to request information about the data we have stored about you and, if the data is incorrect, to request that it be corrected or, in the case of unauthorised data storage, that it be deleted. You also have the right to lodge a complaint with a supervisory authority (see section on the right to lodge a complaint).

Duration of data storage

After provision of the contractually owed service, your personal data will be stored - for the purpose of the statutory warranty for 2 years - for the fulfilment of the warranty conditions for 5 years - for the purpose of the execution of follow-up orders (at the time of conclusion of the contract or at a later date) for 5 years and - for tax purposes for 10 years.

Deletion of data

Your personal data will be deleted at the latest after expiry of the aforementioned periods.

 

 

 

2.       Suppliers

Purpose of the processing

We process data that we receive in the course of our business relationship with you. We receive the data directly from you when placing an order or processing an order (see "Information on data collection and processing").

Legal basis:

The collection and processing of data is necessary for the fulfilment of the contract and is based on Art. 6 para. 1 lit. b) GDPR. The data will not be passed on to third parties unless required by law, e.g. to the tax office within the framework of tax laws. The data will be deleted as soon as it is no longer required for the purpose of its processing or after expiry of the statutory retention periods (such as accounting documents relevant under tax and commercial law: 10 years; commercial and business letters: 6 years; records of suppliers, type, quantity, purchase, delivery: 3 years).

You are entitled to request information about the data we have stored about you and, if the data is incorrect, to request that it be corrected or, in the case of unauthorised data storage, that it be deleted. You also have the right to lodge a complaint with a supervisory authority (see section on the right to lodge a complaint).

3.       Employee data

See separate template to be handed out to employees.

4.       Newsletter

Does not currently take place

 

 

5.       Applicants

Purpose of the processing

Applications, by e-mail or post: If you apply to us on the basis of a job advertisement, we will collect your personal data such as first name, surname, address, telephone number, e-mail address, attachments (cover letter, CV, certificates, photo) and store them for the duration of the selection process.

Your data will only be used by authorised persons in the HR department or management for processing as part of the selection process. Your personal data will not be passed on to third parties.

If the specific position for which you are applying has already been filled elsewhere, but your profile makes you eligible for subsequent collaboration or collaboration in a partner or subsidiary company, we will obtain your express consent before storing or forwarding your application, unless you have already consented to such storage or forwarding in your application.

If you send us an unsolicited application using our general contact email address, the content of your application email may be viewed by unauthorised personnel. There is a requirement that the application documents are immediately forwarded unopened to the HR department and the incoming e-mail is deleted. If you would like to rule this out, please contact us by telephone before submitting your unsolicited application so that you can be given the contact details of the correct contact person.

When you register/apply (online, by email or by post) for internships, Girls' Days/Boys' Days, career exploration and visits to our company (e.g. IT courses get an insight into the company), we will collect your personal data, such as first name, surname, address, telephone number, email address, age, class, attachments (cover letter, CV, certificates, photo) and store it for the duration of the selection process. With separate consent, the personal data will be stored for 36 months.

The legal basis is Art. 6 para. 1 lit. b) GDPR, for the processing of pre-contractual measures.

In addition, Art. 6 para. 1 (a) GDPR applies in cases where we store the data of interns/students for 36 months and consent has been given.

Unless you inform us otherwise, the data will be deleted 6 months after completion of the application process or destroyed in the case of postal applications. Due to the long application and selection periods for trainees, we store their data in Germany for up to 18 months.

The aforementioned data of interns or students will be automatically deleted after the end of the selection process or the end of the internship, the career exploration, the Girls' Day or Boys' Day or the visit to our premises (e.g. computer science course), unless separate consent to the storage of personal data for 36 months has been given. However, if this consent to data storage has been given, the data will be automatically deleted after 36 months unless renewed consent has been obtained.

 

If the respective legal requirements are met, you have the following rights: right to information about your data stored by us; correction, deletion, restriction of the processing of your data or objection to the processing, as well as to data portability. Furthermore, you can of course request the deletion or destruction of all your application documents at any time by sending us an e-mail to: datenschutz@actosoft.de.

6.       Events, video conferences and workshops

Purpose of the processing

If you register for an event, a workshop or a video conference, we store your first name, surname, company and email address. If you register by e-mail, we collect and store the e-mail address and the data contained in the e-mail.

We use this personal data exclusively for event and workshop purposes. This enables us to confirm participation, exchange information in advance, answer questions, create name badges and lists of participants or send out documentation afterwards.

When using video conferencing systems as part of online workshops or video consultations, we use service providers as part of commissioned data processing.

A name is required to join an online workshop or video counselling session. You can also assign a pseudonym. It is not necessary to enter an e-mail address. Your details will be stored in our administration area.

If you activate access to your microphone or video camera, sound and video data will be processed and played back. You can deactivate access at any time using the buttons with the respective icons. Participation is also possible if you deactivate access. It is also possible to exchange text messages in a group chat. These messages may be visible to all participants.

If you select the "Share screen" function, the content of your screen will be displayed to all other participants. You should therefore ensure that no sensitive data is displayed on your screen before using this function. You can deactivate the function at any time using the corresponding button.

If the online workshop or video consultation is recorded, you will recognise this by a red symbol in the screen area and will be informed in advance. In this case, all video and audio data will be saved by us.

Note: When you visit the websites of the respective provider or install the provider's application on your device, the processing of personal data is governed exclusively by the provider's privacy policy.

 

 

The legal basis for processing is Art. 6 para. 1 (f) GDPR. Our legitimate interest lies in the effective implementation of online workshops and video consultations. In the context of an existing or prospective contractual relationship, Art. 6 para. 1 (b) GDPR is also the legal basis for processing. A recording will only be made if we have informed you of this in advance and you have consented to the recording. In this case, the legal basis is Art. 6 para. 1 (a) GDPR.

The data will be deleted after expiry of the applicable statutory retention obligations. If this is not the case, the data will be deleted when the purpose of storage no longer applies.

You can find information on the right to erasure and information under "Data subject rights".

7.        Server data collection

Please follow the link https://www.actosoft.de/en/privacy-policy/ to our privacy policy on our website.

8.       Video surveillance

Purpose of the processing

Our purpose of video surveillance is to prevent vandalism and protect against theft and burglary. As the controller, we process personal image files that we collect as part of video surveillance on the company premises.
The storage period is 30 days.

The legal basis is Art. 6 para. 1 lit. f) GDPR. Our legitimate interest lies in burglary protection and the protection of our property and access control.

This data is only passed on to investigating authorities in the event of criminal offences.

You have the right to request confirmation from us as the controller as to whether personal data concerning you is being processed: If this is the case, you have the right to request information about this personal data; to request the correction of inaccurate data or the deletion of unauthorised data storage. You also have the right to lodge a complaint with a supervisory authority (see section on the right to lodge a complaint).

If you have any questions, please contact our data protection officer at datenschutz@actosoft.de.

VI Intention to process in third countries

Does not currently take place.

VII Categories of recipients

As part of the provision of the service, we utilise service companies that are separately bound to confidentiality and data protection for special areas where access to personal data cannot be ruled out.

These categories of recipients are

  • Processors used by us (Art. 28 GDPR), in particular in the areas of IT services, taxes, logistics and printing services, who process your data for us in accordance with our instructions.
  • Public bodies and institutions (tax authorities) in the event of a legal or official obligation.
  • Other bodies for which you have given us your consent to transfer data.

Data will only be passed on to authorities if overriding legal provisions apply.

 

VIII. Advertising and right to object

The surname, first name and address are also collected for advertising purposes (sending offers, information about additional services). The processing for advertising purposes can be objected to at any time without giving reasons using the following contact details: post@actosoft.de.

 

IX. Objection to data storage

Data processing for the purpose of executing follow-up orders (at the time the contract is concluded or at a later date) for 5 years is in the legitimate interests of the company from a data protection perspective. You can object to this processing at any time using the following contact details: post@actosoft.de.

 

X. Obligation to provide

As a rule, it is not possible to conclude a contract without correct information from you.

 

XI. Automated decision-making and profiling

Currently not applicable

 

 

XII. Rights of data subjects

In accordance with Art. 15 GDPR, you have the right to obtain information about the personal data stored about you, including any recipients and the planned storage period. If incorrect personal data is processed, you have the right to rectification in accordance with Art. 16 GDPR. If the legal requirements are met, you can request the deletion or restriction of processing and object to the processing (Art. 17, 18 and 21 GDPR).

If you wish your data to be deleted but we are still legally obliged to retain it, access to your data will be restricted (blocked). The same applies in the event of an objection. You can exercise your right to data portability insofar as the technical possibilities are available to the recipient and to us.

Our data protection officer will be happy to assist you with your data subject rights at datenschutz@actosoft.de.

 

XIII Up-to-dateness and amendment of this mandatory information

We reserve the right to adapt the content of this mandatory information at any time. This is usually done in the event of further development or legal amendments. You can access the current mandatory information via a link (which is inserted in e-mails, offers, order confirmations, invoices, etc.) to our website.

Status of this declaration: 16.10.2023

Further information on the handling of personal data can be found at https://www.actosoft.de/en/privacy-policy/