Privacy Policy:
We are very pleased about your interest in our company. Data protection is of particularly high priority for the management of IT-Choice Software GmbH. Use of the IT-Choice Software GmbH website is generally possible without providing any personal data. However, if a data subject wishes to use special services of our company via our website, processing of personal data may become necessary. If processing of personal data is necessary and there is no legal basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to IT-Choice Software GmbH. By means of this privacy policy, our company wishes to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed by means of this privacy policy about the rights to which they are entitled.
IT-Choice Software GmbH, as the controller responsible for processing, has implemented numerous technical and organizational measures to ensure the most complete protection possible of personal data processed via this website. Nevertheless, internet-based data transmissions can in principle have security vulnerabilities, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
1. Definitions
The privacy policy of IT-Choice Software GmbH is based on the terminology used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.
We use the following terms, among others, in this privacy policy:
a) personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
b) data subject
Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for processing.
c) processing
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
d) restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
e) profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
f) pseudonymization
Pseudonymization means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) controller or controller responsible for processing
Controller or controller responsible for processing is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union law or Member State law, the controller or the specific criteria for its nomination may be provided for by Union law or Member State law.
h) processor
Processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
i) recipient
Recipient is a natural or legal person, public authority, agency, or other body to which personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union law or Member State law shall not be regarded as recipients.
j) third party
Third party is a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
k) consent
Consent is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the Controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in Member States of the European Union, and other provisions related to data protection is:
IT-Choice Software GmbH
Rüppurrer Str. 1a
76137 Karlsruhe
Germany
Tel.: +49 721 850060
Email: info@it-choice.de
Website: www.it-choice.de
3. Name and Address of the Data Protection Officer
The Data Protection Officer of the controller is:
Steffen Herzog, Thomas Sinka (Deputy)
IT-Choice Software GmbH
Rüppurrer Str. 1a
76137 Karlsruhe
Germany
Tel.: +49 721 850060
Email: steffen.herzog@it-choice.de, thomas.sinka@it-choice.de
Website: www.it-choice.de
Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection.
4. Cookies
The IT-Choice Software GmbH website uses cookies. Cookies are text files that are stored and saved on a computer system via an internet browser.
Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This allows visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified using the unique cookie ID.
Through the use of cookies, IT-Choice Software GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user who uses cookies does not have to enter access data each time the website is accessed, because this is taken over by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online shop remembers the articles that a customer has placed in the virtual shopping cart via a cookie.
The data subject can, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the internet browser used and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an internet browser or other software programs. This is possible in all popular internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be entirely usable.
5. Collection of General Data and Information
The website of IT-Choice Software GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites which are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, IT-Choice Software GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, IT-Choice Software GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
6. Google reCAPTCHA
On this website we also use the reCAPTCHA function of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). This function serves primarily to distinguish whether an input is made by a natural person or is made abusively by machine and automated processing. The service includes the transmission of the IP address and possibly other data required by Google for the reCAPTCHA service and is carried out in accordance with Art. 6 para. 1 lit. f GDPR on the basis of our legitimate interest in determining individual responsibility on the internet and avoiding misuse and spam. In the context of using Google reCAPTCHA, personal data may also be transmitted to the servers of Google LLC in the USA.
Further information on Google reCAPTCHA and Google’s privacy policy can be found at: https://www.google.com/intl/de/policies/privacy/
7. Use of Google Analytics
Our website uses the web analytics service Google Analytics 4 from Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”), to analyze user behavior and optimize our online offering. The processing of your data is carried out exclusively on the basis of your consent in accordance with Art. 6 para. 1 lit. a GDPR and Section 25 para. 1 TDDDG, as cookies and comparable technologies are used in this process.
Data Collected
Google Analytics 4 collects the following information in particular:
- Page views and clicks
- Scroll behavior
- Technical data such as browser type, operating system, and device type
IP anonymization is activated by default in Google Analytics 4, so that your IP address is shortened before processing.
Storage Duration
- Event data (e.g., clicks and page views): 2 months
- User-related data stored via cookies or user identifiers: 14 months
Data Processing Agreement & Possible Data Transfer
We have concluded a data processing agreement with Google in accordance with Art. 28 GDPR. However, transmission of personal data to the USA cannot be completely ruled out.
Withdrawal of Consent
You can withdraw your consent at any time via our cookie banner.
Additionally, you can prevent the collection and processing of your data by Google by means of a browser plugin: https://tools.google.com/dlpage/gaoptout?hl=de
Further information on data use by Google can be found here: https://policies.google.com/privacy?hl=de
7a) Use of Google Search Console
We use Google Search Console, a web analytics service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
Google Search Console is used for technical monitoring and search engine optimization of our website. The data is collected exclusively by Google and provided anonymously. No cookies are set and no personal data of website visitors is processed by us.
Use is based on our legitimate interest in accordance with Art. 6 para. 1 lit. f GDPR.
7b) Use of Google Tag Manager
We use Google Tag Manager on our website. This is a service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter “Google”).
Google Tag Manager is an organizational tool with which we can centrally integrate and manage other tracking and marketing tags on our website. The Tag Manager itself does not collect any personal data and does not set any cookies. It merely acts as an intermediary and ensures the triggering of other tags (such as Google Ads or Google Analytics), which in turn may collect data. If you have given or deactivated consent, this is taken into account by Google Tag Manager.
The use of Google Tag Manager is based on your express consent in accordance with Art. 6 para. 1 lit. a GDPR and Section 25 para. 1 TDDDG. The management of tags helps us to optimize the loading times of the website and control marketing tools in compliance with data protection regulations.
Transmission of data to Google LLC in the USA cannot be ruled out. Google is certified under the EU-US Data Privacy Framework.
You can withdraw your consent at any time with effect for the future by accessing the cookie settings via the consent banner (Borlabs Cookie) provided on our website and deactivating the “Marketing” category or Google Tag Manager.
8. Use of Google Ads and Conversion Tracking
We use Google Ads, an online advertising service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”).
Google Ads enables us to display advertisements in Google search results and in the Google advertising network and to measure the success of these advertising measures. For this purpose, we use Google Ads conversion tracking. This tracks whether users perform a specific action on our website after clicking on a Google ad placed by us, e.g., submitting a contact form.
As part of conversion tracking, Google sets cookies, in particular so-called conversion cookies. With the help of these cookies and technical identifiers, advertising clicks can be assigned to conversions that have taken place. In particular, information about pages accessed, conversion goals achieved, technical information about the browser and device used, and the IP address (possibly shortened) may be processed.
The use of Google Ads and conversion tracking is carried out exclusively on the basis of your express consent in accordance with Art. 6 para. 1 lit. a GDPR. Without your consent, no conversion tracking takes place. You can withdraw or change your consent at any time with effect for the future via our cookie banner.
In connection with the use of Google Ads, data may be transmitted to servers of Google LLC in the USA. Google LLC is certified under the EU-US Data Privacy Framework, so that an adequate level of data protection exists for data transfer in accordance with Art. 45 GDPR.
Further information on data processing by Google can be found at https://policies.google.com/privacy.
9. Use of Google Maps
The website of IT-Choice Software GmbH integrates the services of the Google Maps API to display the locations of the company’s branches for interested parties.
When using the Google Maps API, the following data may be collected
• device-related information: This may include the operating system used along with version information, information about the hardware used, or a device identifier
• log data: This may include information on how the services are used (via integration into the IT-Choice Software GmbH website), the IP address used, data on the browser used, cookies
• location-related information: Information about the actual location can be determined through various technologies.
• local storage: Information may be collected and stored locally on your device using mechanisms such as web storage and application data cache.
• cookies and similar technologies
Google’s privacy policy can be viewed at https://policies.google.com/privacy?hl=de
10. Use of Microsoft Bookings
For online appointment scheduling, we use the Microsoft Bookings service https://www.microsoft.com/de-de/microsoft-365/business/scheduling-and-booking-app from the provider Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18 D18 P521 (hereinafter: “Microsoft”).
We process the following personal data of yours:
• Last name, first name
• Telephone number
• Email address
• Preferred form of communication (telephone, video conferencing system)
• Reason for your inquiry
• Free text added by you
• Time of appointment request and agreed appointment
It is not intended to process special categories of personal data.
The legal basis for data processing is:
• Use for preparation and execution of the agreed appointment
• Appointment confirmation
• Contact
For appointment scheduling, your entries in the appointment scheduling form are transmitted to Microsoft. Further information on the handling of your data can be found in Microsoft’s privacy policy https://privacy.microsoft.com/de-de/privacystatement. The connection to the service is only established if you expressly consent. The legal basis for the processing of your data in relation to the Microsoft Bookings service is your consent Art. 6 para. 1 sentence 1 letter a) GDPR. You have the right to withdraw your consent at any time with effect for the future without giving reasons, also partially. Furthermore, you have the right to erasure, blocking, and rectification of data as well as information about data processing. You can exercise your rights in writing to the email address info@it-choice.de. Alternatively, all listed communication channels are available to you. Data processing is necessary for appointment scheduling using the Microsoft Bookings service. Non-consent therefore excludes appointment scheduling via Microsoft Bookings. Alternatively, you can therefore send an email to info@it-choice.de with the request for direct contact.
11. Use of CleverReach
We use the email marketing tool from CleverReach on our website. The service provider is the German company CleverReach GmbH & Co. KG, Schafjückenweg 2, 26180 Rastede, Germany.
With CleverReach, we can develop target group-oriented newsletter campaigns and inform you about news in our company.
What data is processed by CleverReach?
For the implementation of newsletter campaigns, personal data such as email address, salutation, title, last name, and first name are processed. For analysis purposes, times, IP addresses, and user behavior with the newsletter (e.g., whether you click on a link) can also be processed on CleverReach servers.
How long and where is the data stored?
The collected data is stored in German data centers. Data that we collect and send to CleverReach is deleted by us and by CleverReach as soon as you unsubscribe from our newsletter or we initiate the deletion of recipient data.
Right to Object
You have the option at any time to withdraw your consent to newsletter processing. To do this, you will find a link directly at the end of each email to cancel the newsletter subscription. Alternatively, please contact us by email and we will process your objection. After that, the personal data will be deleted from our server and from the CleverReach servers. You have a right to free information about your stored data and, if applicable, also a right to erasure, blocking, or rectification.
Legal Basis
The sending of our newsletter through CleverReach is based on your consent or on the basis of legitimate interest in direct marketing (Article 6 para. 1 lit. f), insofar as this is legally permitted.
A data processing agreement within the meaning of the GDPR has been concluded with CleverReach GmbH & Co. KG. Further information about the data processed through the use of CleverReach can be found in the privacy policy at https://www.cleverreach.com/en/privacy-policy/.
12. Contact Options via the Website
The website of IT-Choice Software GmbH contains information required by law that enables rapid electronic contact with our company as well as direct communication with us, which also includes a general address of so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
12a) Use of WPForms
For inquiries, including those regarding our products or meeting requests at trade fairs, we use the WPForms plugin from the provider WPFORMS LLC, 400 Executive Center Dr. Suite 208, West Palm Beach, FL 33401, USA.
In the version of the plugin used, GDPR-related functions and extensions have been activated. No user cookies are used and no user details are collected. Entered form data is sent encrypted by email. Storage of requests in WordPress is not performed. A detailed overview of the GDPR measures can be found at: https://wpforms.com/introducing-new-gdpr-enhancements-for-your-wordpress-forms/
13. Conducting Webinars (Zoom)
For conducting online webinars, we use the “Zoom” service from Zoom Video Communications, Inc., 55 Almaden Boulevard, 6th Floor, San Jose, CA 95113, USA (“Zoom”).
When registering via the Zoom platform, personal data is transmitted directly to Zoom and processed there. The processed data includes in particular:
- name and email address
- name of institution and location
- if applicable, function in the institution and other voluntary information
- technical connection data (e.g., IP address, device information)
- participation data (e.g., time and duration)
- if applicable, audio/video data and chat content
The purpose of processing is the organization, execution, and follow-up of webinars.
Processing is based on your consent in accordance with Art. 6 para. 1 lit. a GDPR, which you provide during registration. You can withdraw your consent at any time with effect for the future (e.g., by email to info@it-choice.de).
Zoom is based in the USA. Transmission of personal data to a third country can therefore not be ruled out. Zoom is certified under the EU-US Data Privacy Framework. In addition, standard contractual clauses have been concluded.
Further information on data processing by Zoom can be found at: https://www.zoom.com/en/trust/privacy/privacy-statement/
14. Routine Erasure and Blocking of Personal Data
The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject.
If the storage purpose no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
15. Rights of the Data Subject
a) Right to Confirmation
Each data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact an employee of the controller.
b) Right of Access
Each person affected by the processing of personal data has the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
• the purposes of the processing
• the categories of personal data concerned
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
• where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
• the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing
• the existence of the right to lodge a complaint with a supervisory authority
• where the personal data are not collected from the data subject, any available information as to their source
• the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject has a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject has the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, he or she may, at any time, contact an employee of the controller.
c) Right to Rectification
Each person affected by the processing of personal data has the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right, taking into account the purposes of the processing, to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact an employee of the controller.
d) Right to Erasure (Right to be Forgotten)
Each person affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, where one of the following grounds applies and insofar as the processing is not necessary:
• The personal data were collected or otherwise processed for such purposes for which they are no longer necessary.
• The data subject withdraws consent on which the processing is based according to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR, and where there is no other legal ground for the processing.
• The data subject objects to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 para. 2 GDPR.
• The personal data have been unlawfully processed. The erasure of the personal data is necessary for compliance with a legal obligation in Union law or Member State law to which the controller is subject.
• The personal data have been collected in relation to the offer of information society services referred to in Art. 8 para. 1 GDPR.
If one of the aforementioned reasons applies and a data subject wishes to request the erasure of personal data stored by IT-Choice Software GmbH, he or she may, at any time, contact an employee of the controller. The employee of IT-Choice Software GmbH shall promptly ensure that the erasure request is complied with immediately.
Where the personal data have been made public by IT-Choice Software GmbH and our company is obliged pursuant to Art. 17 para. 1 GDPR to erase the personal data, IT-Choice Software GmbH, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, insofar as processing is not required. The employee of IT-Choice Software GmbH will arrange the necessary measures in individual cases.
e) Right to Restriction of Processing
Each person affected by the processing of personal data has the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
• The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
• The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use.
• The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims.
• The data subject has objected to processing pursuant to Art. 21 para. 1 GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met and a data subject wishes to request the restriction of personal data stored by IT-Choice Software GmbH, he or she may at any time contact an employee of the controller. The employee of IT-Choice Software GmbH will arrange the restriction of the processing.
f) Right to Data Portability
Every data subject shall have the right granted by the European legislator to receive the personal data concerning them, which was provided by the data subject to a controller, in a structured, commonly used and machine-readable format. They shall also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, or on a contract pursuant to Art. 6(1)(b) GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising their right to data portability pursuant to Art. 20(1) GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject may at any time contact an employee of IT-Choice Software GmbH.
g) Right to object
Every data subject shall have the right granted by the European legislator to object, on grounds relating to their particular situation, at any time, to the processing of personal data concerning them, which is based on Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.
IT-Choice Software GmbH shall no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or for the establishment, exercise, or defense of legal claims.
If IT-Choice Software GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to IT-Choice Software GmbH to the processing for direct marketing purposes, IT-Choice Software GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them which is carried out at IT-Choice Software GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89(1) GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may directly contact any employee of IT-Choice Software GmbH or another employee. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use their right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Every data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) it is based on the data subject’s explicit consent, IT-Choice Software GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.
If the data subject wishes to exercise rights concerning automated individual decision-making, they may, at any time, contact an employee of the controller.
i) Right to withdraw data protection consent
Every data subject shall have the right granted by the European legislator to withdraw their consent to the processing of their personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, they may, at any time, contact an employee of the controller.
16. Borlabs Cookie
We use the cookie consent tool Borlabs Cookie from Borlabs GmbH, Hamburger Straße 11, 22083 Hamburg, Germany, on our website.
This tool sets a technically necessary cookie (borlabs-cookie) to store your cookie consents.
Borlabs Cookie does not process any personal data.
Your consents given when entering the website are stored in the borlabs-cookie. If you wish to revoke these consents, simply delete the cookie in your browser. When you re-enter/reload the website, you will be asked for your cookie consent again.
17. Data protection for applications and in the application process
The controller collects and processes the personal data of applicants for the purpose of processing the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by electronic means, for example by e-mail or by means of a web form on the website, to the controller. If the controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
18. Legal basis for the processing
Art. 6(1)(a) GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Art. 6(1)(b) GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1)(d) GDPR. Finally, processing operations could be based on Art. 6(1)(f) GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
19. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
20. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
21. Statutory or contractual provisions regarding the provision of personal data; requirement necessary to enter into a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact one of our employees. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
22. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
This privacy policy was created by the GDPR Privacy Policy Generator of the German Association for Data Protection, in cooperation with the media law firm WILDE BEUGER SOLMECKE | Rechtsanwälte. The explanation for Google Analytics in subsection 7, Google Ads in subsection 8, Microsoft Bookings in subsection 10 and CleverReach in subsection 11, implementation of webinars (Zoom) in subsection 13, as well as Borlabs Cookie in subsection 16 were added manually.
