Privacy Policy

Privacy policy according to the DSGVO

I. Name and address of the person responsible

The responsible person in terms of the basic data protection regulation and other national data protection laws of the member states and other data protection regulations is the:

Smarterials Technology GmbH
Magnusstraße 11
12489 Berlin
Germany
Managing Director: Dr. Martin Bothe
Phone: 030 -120 82 790
e-mail: datenschutz(at)smarterials(dot)berlin
website: www.smarterials.berlin

II. General information on data processing

1. The nature, extent and purpose of the processing of personal data

As a matter of principle, we process personal data of our users only to the extent necessary to provide a functional website and our contents and services. The processing of personal data of our users is regularly only carried out with the consent of the user. An exception is made in those cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by legal regulations.

The following data is processed:

  • Inventory data (e.g.: names, addresses)
  • Contact details (e.g.: e-mail, telephone numbers)
  • Content data (e.g.: text entries)
  • Usage data (e.g. websites visited, interest in content, access times)
  • Meta/communication data (e.g.: device information, IP addresses)

The collected data serves the following purpose:

  • The provision of the online offer and necessary functions and contents
  • Answering contact requests and communicating with users
  • The guarantee of security measures
  • The range measurement
  • The marketing

2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU Data Protection Regulation (DSGVO) serves as the legal basis.

When processing personal data which is necessary for the performance of a contract to which the data subject is a party, Article 6 (1) lit. b DSGVO serves as the legal basis. This also applies to processing operations necessary for the performance of pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c DSGVO serves as the legal basis.

In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Article 6 (1) lit. f DSGVO serves as the legal basis for the processing.

3. Security measures

In accordance with Art. 32 DSGVO and taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the varying probability of occurrence and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk.

Such measures shall include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to data, as well as access, input, disclosure, safeguarding of availability and segregation of data relating to them. Furthermore, we have established procedures to ensure that data subjects’ rights are exercised, data is deleted, and we respond to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 DSGVO).

4. Cooperation with contract processors and third parties

If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transfer it to them or otherwise grant them access to the data, this will only be done on the basis of a legal authorisation (e.g. if the data must be transferred to third parties, such as payment service providers, in accordance with Art. 6 Para. 1 letter b DSGVO for the fulfilment of the contract), if you have given your consent, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosters, etc.).

If we commission third parties to process data on the basis of a so-called “contract processing agreement”, this is done on the basis of Art. 28 DSGVO.

5. Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using the services of third parties or disclosure or transfer of data to third parties, this will only take place if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we will only process or transfer data to a third country if the special requirements of Art. 44 ff. DSGVO. This means, for example, that the processing is carried out on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the “Privacy-Shield” or compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”).

6. Rights of the data subject

If personal data is processed by you, you are a data subject within the meaning of the DSGVO and you are entitled to the following rights in relation to the person responsible:

A) Right to information

You can request confirmation from the person responsible as to whether personal data concerning you is being processed by us.

If such processing is carried out, you may request information from the data controller on the following:

  1. The purposes for which the personal data are processed;
  2. The categories of personal data which are processed;
  3. The recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
  4. The planned duration of storage of the personal data concerning you or, if it is not possible to give specific details, criteria for determining the duration of storage;
  5. The existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited by the controller or a right to object to such processing;
  6. The existence of a right of appeal to a supervisory authority;
  7. Any available information as to the source of the data where the personal data are not collected from the data subject;
  8. The existence of automated decision-making, including profiling, in accordance with Art. 22, paragraphs 1 and 4 DPA and, at least in these cases, meaningful information on the logic involved and the scope and intended consequences of such processing for the data subject.

You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 DPA in connection with the transfer.

B) Right of rectification

You have the right to obtain from the data controller the rectification and/or integration of any personal data processed concerning you if it is incorrect or incomplete. The data controller shall make the correction without delay.

C) Right to limit processing

Under the following conditions, you may request that the processing of personal data concerning you be restricted:

  1. if you dispute the accuracy of the personal data concerning you for a period of time which enables the controller to verify the accuracy of the personal data;
  2. the processing is unlawful and you object to the deletion of the personal data and instead request the restriction of the use of the personal data;
  3. the controller no longer needs the personal data for the purposes of the processing, but you need them in order to assert, exercise or defend legal claims; or
  4. if you have lodged an objection to the processing in accordance with Art. 21 Para. 1 DSGVO and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.

If the processing of personal data relating to you has been restricted, such data – apart from being stored – may be processed only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.

If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

D) Right of deletion

(i) Obligation to cancel

You may request the controller to delete personal data concerning you without delay and the controller is obliged to delete such data without delay if one of the following reasons applies:

  1. The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
  2. You revoke your consent on which the processing was based in accordance with Article 6 paragraph 1 letter a or Article 9 paragraph 2 letter a of the DPA and there is no other legal basis for the processing.
  3. You submit an objection to the processing pursuant to Art. 21 Para. 1 DSGVO and there are no overriding legitimate reasons for the processing, or you submit an objection to the processing pursuant to Art. 21 Para. 2 DSGVO.
  4. The personal data concerning you have been processed unlawfully.
  5. The deletion of personal data concerning you is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
  6. The personal data concerning you have been collected in relation to information society services provided in accordance with Article 8(1) of the DPA.

ii) Information to third parties

If the controller has made public the personal data concerning you and is obliged to delete them in accordance with Art. 17 para. 1 DPA, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to these personal data or copies or replications of these personal data.

iii) Exceptions

The right of cancellation does not exist insofar as the processing is necessary

  1. On the exercise of the right to freedom of expression and information;
  2. to comply with a legal obligation requiring processing under Union or national law to which the controller is subject, or to carry out a task carried out in the public interest or in the exercise of official authority vested in the controller;
  3. for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i as well as Art. 9 para. 3 DSGVO;
  4. for archiving, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, insofar as the law referred to in a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
  5. to assert, exercise or defend legal claims.

E) Right to information

If you have exercised the right to rectify, erase or limit the processing, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of these recipients by the controller.

F) Right to data transferability

You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. You also have the right to have this data communicated to another controller without interference from the controller to whom the personal data has been made available, provided that

  1. the processing is based on a consent pursuant to Art. 6 para. 1 letter a DSGVO or Art. 9 para. 2 letter a DSGVO or on a contract pursuant to Art. 6 para. 1 letter b DSGVO and
  2. the processing is carried out using automated procedures.

In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, in so far as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data transferability shall not apply to processing of personal data which is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

G) Right of objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 paragraph 1 letter e or f of the DPA; this also applies to profiling based on these provisions.

The controller no longer processes the personal data concerning you, unless he can demonstrate compelling reasons for processing which are worthy of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.

Where personal data relating to you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data relating to you for the purpose of such marketing, including profiling, insofar as it relates to such direct marketing.

If you object to processing for the purposes of direct marketing, the personal data concerning you will no longer be processed for those purposes. You have the possibility to exercise your right of objection in relation to the use of information society services, without prejudice to Directive 2002/58/EC, by means of automated procedures using technical specifications.

H) Right to revoke the declaration of consent under data protection law

You have the right to revoke your data protection declaration of consent at any time. Revocation of your consent does not affect the legality of the processing that has taken place on the basis of your consent until revocation.

I) Automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which has legal effect on you or which significantly affects you in a similar way. This shall not apply if the decision

  1. is necessary for the conclusion or fulfilment of a contract between you and the person responsible,
  2. is authorised by Union or national legislation to which the person responsible is subject and that legislation provides for appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
  3. with your express consent.

However, these decisions may not be based on special categories of personal data in accordance with Art. 9 Para. 1 DSGVO, unless Art. 9 Para. 2 lit. a or g DSGVO applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of a person from the controller, to express his or her point of view and to contest the decision.

J) Right to appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State in which you are domiciled, your place of work or the place where the alleged infringement occurred, if you consider that the processing of personal data relating to you is in breach of the DPA.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 DSGVO.

7. Data erasure and storage duration

The personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage is no longer applicable. Furthermore, data may be stored if this has been provided for by the European or national legislator in Union regulations, laws or other regulations to which the person responsible is subject. Data is also blocked or deleted when a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the purpose of concluding or fulfilling a contract.

8. Administration, financial accounting, office organisation, contact management

We process data within the framework of administrative tasks as well as the organisation of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process within the scope of providing our contractual services. The basis for processing is Art. 6 Par. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose of and our interest in the processing lies in the administration, financial accounting, office organisation, archiving of data, i.e. tasks which serve to maintain our business activities, perform our tasks and provide our services. The deletion of data in relation to contractual services and contractual communication corresponds to the information mentioned in these processing activities.

In doing so, we disclose or transfer data to the financial administration, consultants, such as tax consultants or auditors, as well as other fee agencies and payment service providers.

Furthermore, we store information on suppliers, event organisers and other business partners on the basis of our business interests, e.g. for the purpose of contacting them at a later date. This data, which is mainly company-related, is stored permanently.

9. Contacting

When contacting us (e.g. via contact form, e-mail, telephone or social media), the user’s details are processed for the purpose of handling the contact request and its processing in accordance with Art. 6 Para. 1 lit. b) DSGVO. The user’s details may be stored in a customer relationship management system (“CRM system”) or comparable enquiry organisation.

We delete the enquiries if they are no longer required. We review the necessity every two years; furthermore, the statutory archiving obligations apply.

10. Hosting and sending e-mails

The hosting services we use serve to provide the following services:

  1. Infrastructure services
  2. Computing capacity
  3. Storage space and database services
  4. E-mail dispatch
  5. Security services and technical maintenance services that we use for the purpose of operating this online offer.

Here we, respectively our hosting provider, process

  • Stock data
  • Contact details
  • Content data
  • Contract data
  • Usage data
  • Meta- and communication data

of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer in accordance with Art. 6 Para. 1 lit. f DSGVO in conjunction with Art. 28 DSGVO (conclusion of contract processing agreement).

III. Provision of the website and creation of log files

1. description and scope of data processing

Whenever you visit our website, our system automatically collects data and information from the computer system of the calling computer.

The following data is collected:

  • Information about the browser type and the version used
  • The user’s operating system
  • The Internet service provider of the user
  • The IP address of the user
  • Date and time of access
  • Websites from which the user’s system accesses our website
  • Websites that are called up by the user’s system via our website
  • The amount of data transmitted
  • Notification of successful retrieval

The data is also stored in the log files of our system. Not affected by this are the IP addresses of the user or other data that allow the data to be assigned to a user. This data is not stored together with other personal data of the user.

2. Legal basis for data processing

The legal basis for the temporary storage of data is Art. 6 para. 1 lit. f DSGVO.

3. Purpose of data processing

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.

These purposes also include our legitimate interest in data processing in accordance with Art. 6 Para. 1 lit. f DSGVO.

4. Duration of storage

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.

5. Possibility of objection and removal

The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. There is therefore no possibility of objection on the part of the user.

IV. Analysis with SlimStat

This website uses the OpenSource software WP-SlimStat for web analysis. WP-SlimStat uses so-called “cookies”, text files that are stored on your computer and which allow an analysis of your use of the website. We use this information to evaluate the use of our website. This information is stored on our server area in Germany and is not passed on to third parties. The storage of the cookie is based on art. 6 para. 1 lit. f DSGVO. We have a legitimate interest in the anonymised analysis of user behaviour in order to improve the quality of these pages as well as to analyse the range of our website.

The following data is collected and processed to compile the statistics:

  • Domain name of the server
  • Address of the pages you request (URL)
  • Name of your browser and its version
  • Date and time of your visit
  • Operating system of your computer, smartphone or tablet
  • the language you use
  • Screen resolution of your computer, smartphone or tablet
  • Name of the website that links to this page and through which you found this page
  • the links you clicked on
  • the duration of your visit to this website

Your IP address is not saved. This is anonymised at the moment of the survey. It is therefore impossible to assign the statistical data to a person. The collected data will not be transmitted to third parties, but will only be stored and processed on the web server. The collected data is not merged with other data sources.

The duration of storage is a maximum of 426 days (14 months) and the data is deleted afterwards.

V. Use of cookies

1. Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. If a user calls up a website, a cookie can be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require the calling browser to be able to be identified even after a page change.

The following data is stored and transmitted in the cookies:

  1. Language settings
  2. Log-in information

We also use cookies on our website, which enable us to analyse the surfing behaviour of the users.

In this way the following data can be transmitted:

  • Domain name of the server
  • Address of the pages you request (URL)
  • Name of your browser and its version
  • Date and time of your visit
  • Operating system of your computer, smartphone or tablet
    the language you use
  • Screen resolution of your computer, smartphone or tablet
  • Name of the website that links to this page and through which you found this page
  • the links you clicked on
  • the duration of your visit to this website

The user data collected in this way is pseudonymised by technical precautions. Therefore, it is no longer possible to assign the data to the calling user. The data is not stored together with other personal data of the users.

You can set your browser so that you are informed about the setting of cookies and allow cookies only in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If you deactivate cookies, the functionality of the website may be limited.

When accessing our website, users are informed by an info banner about the use of cookies for analysis purposes and are referred to this privacy policy.

2. Legal basis for the data processing

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f DSGVO.

3. Purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these it is necessary that the browser is recognized even after a page change.
We require cookies for the following applications:

  1. Adoption of language settings
  2. Website analysis

The user data collected through technically necessary cookies is not used to create user profiles.

The analysis cookies are used for the purpose of improving the quality of our website and its contents. Through the analysis cookies we learn how the website is used and can thus constantly optimise our offer. The Slimstat cookie used is set in such a way that the IP addresses of the page requests are stored in a masked form and thus no personal data is generated.

4. Duration of storage, objection and removal possibility

Cookies are stored on the user’s computer and transmitted by the user to our site. Therefore, you as a user also 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. Cookies already stored can be deleted at any time. This can also be done automatically. If cookies for our website are deactivated, it is possible that not all functions of the website can be used to their full extent.

VI. Google Fonts

We integrate the fonts (“Google Fonts”) of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Privacy Policy and Google Opt-Out.

VII. LinkedIn

Within our online offer, functions and contents of the service LinkedIn, offered by LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland, can be integrated. This may include, for example, content such as images, videos or text and buttons that allow users to share content from this site within LinkedIn. If users are members of the LinkedIn platform, LinkedIn may assign the access to the above-mentioned content and functions to the user profiles there. LinkedIn Privacy Policy and LinkedIn Opt-Out. LinkedIn is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law.

Adapted by the website owner
Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke