Schwarz IT KG

Data Protection Notice

Data Protection Notice for STACKIT and the websites, services and support associated therewith

Version 2.1

We take the protection of your personal data very seriously and strive to provide you with comprehensive information about the processing of your personal data. The following privacy policy explains how and for what purposes we process your personal data when you visit our website, contact us and/or (wish to) purchase STACKIT goods and services.

As a rule, the personal data of yours that we collect is obtained directly from you. The statutory basis is, in particular, the EU General Data Protection Regulation (GDPR).

Table of content

A. “Controller” within the meaning of Article 4(7) GDPR

B. STACKIT websites

C. STACKIT services and support

D. Your rights as the data subject

E. Data protection officer

A. “Controller” within the meaning of Article 4(7) GDPR

Unless otherwise stated in the following, the controller within the meaning of Article 4(7) GDPR responsible for the processing of data described below is:

Schwarz IT KG Stiftsbergstraße 1 74172 Neckarsulm

Telephone: +49 7132 30-4000 E-Mail: info@stackit.de

B. STACKIT websites

1. Communication by e-mail/telephone/mail/contact form

1.1. Purpose of the processing and legal basis

We treat all personal data that we receive from you by e-mail, telephone, mail or contact form confidentially. We use your data solely for the limited purpose of processing your inquiry.

The legal basis for the processing is Article 6(1)(f) GDPR. Our legitimate interest arises from the interest in responding to your inquiries so that the satisfaction of our customers, business partners and/or website users alike is ensured and promoted. When you send us personal data by contacting us for purposes of initiating or performing an existing contractual relationship, Article 6(1)(b) GDPR is the legal basis for data processing.

If we ask for your consent to data processing in advance when communicating with you, e.g., when you use our contact form, the legal basis is Article 6(1)(a) of the EU General Data Protection Regulation (GDPR).

When you send us personal data by contacting us for purposes of initiating or performing an existing contractual relationship, Article 6(1)(b) GDPR is the legal basis for data processing.

1.2. Recipients/categories of recipients

As a rule, we do not transfer the data to third parties outside Schwarz IT KG. In exceptional cases, we will have a processor process the data on our behalf. Such processors are carefully selected and bound by contract in accordance with Article 28 GDPR.

1.3. Obligation to provide your data

You are under no statutory or contractual obligation to provide personal data to us. However, if you do not provide us with the data required to process your request, we will not be able to process or respond to it.

1.4. Storage time/criteria for determining storage time

We delete or securely anonymize all information we receive from you when you make inquiries no later than 90 days after the final response is sent to you. The information is retained for 90 days in case you contact us again after a receiving a response from us on the same matter and we need to refer to our previous correspondence. Based on experience, we generally do not receive any questions concerning our responses after 90 days. If you assert your rights as a data subject, your personal data will be stored for three years after the final response in order to document the fact that we provided you with comprehensive information and that the legal requirements have been met.

If you send us personal data for purposes of initiating or performing a contract, statutory retention obligations require us to store that data for up to 12 years.

2. Data processed when you visit our websites

The information contained in this section applies equally to our websites as well as to the associated sub-domains and sub-pages. At present, this includes:

2.1. Purposes and legal basis of processing

When you visit our websites, log files are generated containing the following information:

The legal basis for the processing is Article 6(1)(f) GDPR. Our legitimate interest arises from our interest in protecting our systems and preventing improper and/or fraudulent activity each time that a user accesses this website.

Where processing of the aforementioned data is necessary for preparing or performing a contractual relationship, we process your data on the basis of Article 6(1)(b) GDPR.

2.2. Recipients/categories of recipient

As a rule, we do not transfer the data to third parties outside Schwarz IT KG. In exceptional cases, we will have a processor process the data on our behalf. Such processors are carefully selected and bound by contract in accordance with Article 28 GDPR.

2.3. Obligation to provide your data

You are under no statutory or contractual obligation to provide personal data to us. However, such data will be processed for technical reasons as soon as you access our site. The only way to prevent your data from being processed is to stop using our website.

2.4. Storage time

We store the aforementioned data for a period of seven days.

3. Cookies

We, Schwarz IT KG, Stiftsbergstraße 1, 74172 Neckarsulm, Germany, are the controller with respect to data processing in connection with the use of “cookies” and other similar technologies to process usage data on our websites and the associated sub-domains and sub-pages. At present, this includes:

Cookies are small text files that are stored on your end device (laptop, tablet, smartphone, etc.) when you visit our websites. Cookies do not cause any harm to your end device, nor do they contain any viruses, trojans or other malware. The cookie stores certain information that results in connection with the specific end device deployed. This does not, however, mean that we will immediately become aware of your identity.

You may also configure your browser to ensure that a warning appears every time a new cookie is placed. This makes the use of cookies more transparent for you. You may also configure your browser to refuse acceptance of all or some cookies from certain sources. Please be advised, however, that disabling cookies may limit the functionality of this website.

3.1. Purposes and legal basis of processing

Cookies and the other technologies used to process usage data are deployed for the following purposes, depending on the categories of cookie/other technologies:

Depending on the purpose, the use of cookies and similar technologies to process usage data involves processing the following types of personal data in particular:

Necessary:

Preferences:

Statistics

Marketing:

The legal basis for using preference, statistics and marketing cookies and similar technologies is your consent given pursuant to Article 6(1)(a) GDPR and section 25 (1) sentence 1 of the German Telecommunications and Telemedia Data Protection Act (Telekommunikation-Telemedien-Datenschutz-Gesetz, “TTDSG”). The legal basis for using technically necessary cookies and similar technologies is your consent given pursuant to Article 6(1)(f) GDPR and section 25 (2) no. 2 TTDSG. We have a legitimate interest in ensuring the technical stability and security of website operation.

You may withdraw/modify your consent at any time with effect for the future without this affecting the lawfulness of the processing based on consent before its withdrawal. 

To change your consent for cookies and similar technologies used on www.stackit.de and its sub-domains and sub-pages, please click bitte here and make your selection.  

To change your consent for cookies and similar technologies used on www.stackit.cloud and its sub-domains and sub-pages, please click here and make your selection.  

For an overview of the cookies and other technologies we use, including the respective purposes of processing, storage periods and any third-party providers involved, please refer to our Cookie Policy for www.stackit.de and our Cookie Policy for www.stackit.cloud.

3.2. Recipients/categories of recipient

When using cookies and similar technologies to process usage data, we may on occasion retain specialized service providers, particularly from the field of online marketing, to process data. These service providers process data on our behalf.

If you have consented to processing for marketing purposes, we may potentially share your User ID and the associated user profiles with third parties via the providers of advertising networks.

For information about other recipients in connection with using cookies to process data, see our cookie policy under the heading “Providers”.

3.3. Transfer of data to third countries

As a rule, we do not transfer your data to recipients located outside of the European Union or the European Economic Area. To the extent that you have consented to the use of the relevant cookies, your data will only be transferred to the servers of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, if it is processed using Google Analytics, Google AdWords and YouTube. Some of these servers are located in the USA. The EU does not have an adequacy decision in place for the USA, which means that a lower level of data protection than in the EU must be assumed. This could mean that you may not be able to adequately exercise your rights as a data subject. In addition, we have no control over the extent to which Google uses your data for its own purposes. However, we have concluded standard contractual clauses with Google, which contractually oblige Google to comply with European data protection standards.

3.4. Obligation to provide your data

You are under no statutory or contractual obligation to provide personal data to us. You may prevent cookies from being stored by adjusting the aforementioned settings, selecting the categories of cookies accordingly or by withdrawing or modifying any consent you may have given.

3.5. Storage time

Please refer to our cookie policies for Cookie-Notes for www.stackit.de and our Cookie-Notes for www.stackit.cloud for information on the duration of storage for cookies. If “persistent” is entered in the “expiration” column, the cookie will be stored permanently until the corresponding consent is withdrawn.

4. Embedded third party content

We have embedded YouTube videos on our website, which are stored at http://www.YouTube.com and can be played directly from our website. All videos are embedded with “privacy-enhanced mode” enabled, which means that no data about you as the user is transferred to YouTube if you do not play the videos. Data is only transferred if you play the videos. We do not have any control over this transfer of data.

You can find further information on the purpose and scope of data collection and how YouTube processes data in the provider’s privacy policy. You will also find further information there about your rights in this regard and settings to protect your privacy. YouTube’s Address and privacy policies: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; https://www.google.de/intl/de/policies/privacy/.

5. Google reCaptcha

To protect your data and to secure the submission of forms, we use Google reCaptcha, a service of Google LLC (“Google”), on the basis of Article 6(1)(f) DSGVO. Our legitimate interest follows from the purposes outlined. In this context, an analysis of various information is used to determine whether the data entry is made by a human or by an automated program. The information generated is transferred to a Google server in the USA and processed there. The collection and analysis do not enable us or Google to identify you. In particular, the information will not be merged by Google with personal data about you.

For more information about Google reCaptcha, please visit https://policies.google.com/privacy?hl=de oder https://policies.google.com/terms?hl=de.

6. Sending of newsletters (currently only available for Schwarz Group employees)

6.1. Purposes and legal basis of processing

We offer you the opportunity to subscribe to our newsletter. If you consent to receive our newsletter, we will use your e-mail address and name (if provided by you) to send you information about STACKIT. This includes, for example, information about new features, support options and news in connection with STACKIT and our associated services.

The legal basis for such processing is your consent pursuant to Article 6(1)(a) GDPR.

To ensure that no mistakes are made when entering the e-mail address, we use the “double opt-in” procedure: once you enter your e-mail address in the registration field, we will send you a confirmation link. Your e-mail address will not be added to our distribution list until you click on the confirmation link.

You may withdraw your consent to receive the newsletter at any time with effect for the future, e.g., by unsubscribing from the newsletter on our website. The link to the unsubscribe page is provided at the bottom of every newsletter. When you unsubscribe, we consider your consent to a newsletter subscription and the receipt of newsletter based thereon as withdrawn. We will delete your usage data. The lawfulness of the processing carried out until such time as we receive your notice of withdrawal shall not be affected.

6.2. Recipients/categories of recipient

The data you send us to subscribe to the newsletter cannot be accessed by any third parties.

6.3. Obligation to provide your data

You are under no statutory or contractual obligation to provide personal data to us. Subscribing to our newsletter is voluntary and always subject to your consent.

6.4. Storage time

Your e-mail address and your name (if provided by you) will be deleted as soon as you unsubscribe from our newsletter.

7. Our social media sites

7.1. Responsibilities

The party responsible for the collection and processing of data described below (the controller) is in some cases us, Schwarz IT KG, and in some cases the operator of the relevant social media platform. For certain types of processing, we and the platform operator act as joint controllers as defined in Article 26 GDPR.

We use the following social media sites:

LinkedIn:https://de.linkedin.com/organization-guest/company/stackit-colocation
Xing:https://www.xing.com/pages/stackit-ihrpartnerfurcloudundcolocation
YouTube:https://www.youtube.com/channel/UCrlj8jX00GYQYJO5Wnal6Bw

7.1.1. The platform operator as controller

We have only limited control over the processing of data by the operators of social media platforms (e.g., the management of members and the information shared). In the situations in which we are able to have influence and can set parameters for the data processing, we endeavor to ensure within the confines of the options available to us that the social media platform operator deals with the data in accordance with data protection law requirements. In many cases, however, we are unable to influence the way in which social media platform operators process data and also do not know exactly which data they process.

Platform operators operate the entire IT infrastructure of the service, have their own privacy policies and maintain their own user agreements with you (where you are a registered user of the social media service). The operator is also solely responsible for all questions relating to the data that makes up your user profile, which we as a company have no access to.

You will find further information about the data processing performed by social media platform operators and your rights to object in the privacy policies of the operators.

LinkedIn:LinkedIn Privacy Policy
Xing:Privacy at XING
YouTube:Privacy Policy – Privacy & Terms – Google

7.1.2. Schwarz IT KG as the controller

7.1.2.1. Purposes and legal basis of processing

We process data on our social media sites for the purpose of providing information to customers about services, promotions, prize draws, specific topics and latest company news, to interact with visitors to our social media sites on these topics, and to respond to relevant inquiries and positive or negative feedback.

We merely reserve the right to delete content if it becomes necessary to do so. We may share your content on our site if this is one of the functions of the social media platform, and communicate with you through the social media platform. Article 6(1)(f) GDPR is the legal basis for this. The processing is carried out for the purpose of our public relations work and communications. Operators have no ability to influence our processing of your data in connection with customer communications or prize draws. As already mentioned, where social media platform operators give us the option, we make sure we design our social media sites to be as compliant as possible with data protection laws.

7.1.2.2. Recipients/categories of recipient

The data entered by you on our social media sites, such as comments, videos, images, likes, public messages, etc., is published by the social media platforms and is not used or processed by us for other purposes at any time. We merely reserve the right to delete unlawful content if it becomes necessary to do so. This would be the case, for example, for posts that infringe rights or violate the law, comments that incite hatred, offensive comments (sexually explicit content) or attachments (e.g., images or videos), which may be in violation of copyright laws, moral rights/rights of publicity or criminal law.

We may share your content on our site if this is one of the functions of the social media platform, and communicate through the social media platform. If you post an inquiry on the social media platform, we may also, depending on the required response, refer you to other more secure modes of communication that guarantee confidentiality. You always have the option of sending confidential inquiries to us at our address listed under no. 1 above or in the “legal notice” section of our website.

7.1.2.3. Obligation to provide your data

You are under no statutory or contractual obligation to provide personal data to us. When you use our social media sites for purely informational purposes, we do not collect any personal data. You can still visit our sites even if you do not wish to provide us with any personal data, but you will not be able to use any enhanced features such as the news function and the function allowing you to post images or comments etc.

7.1.2.4. Storage time

We delete or securely anonymize all information we receive from you when you make inquiries no later than 90 days after the final response is sent to you. The information is retained for 90 days in case you contact us again after a receiving a response from us on the same matter and we need to refer to our previous correspondence. Based on experience, we generally do not receive any questions concerning our responses after 90 days. If you assert your rights as a data subject, your personal data will be stored for three years after the final response in order to document the fact that we provided you with comprehensive information and that the legal requirements have been met.

All public posts that you put on our social media sites remain in the timeline for an indefinite period, unless we delete them as part of updating the information on the topic, they violate the law or breach our guidelines or policies, or you delete the post yourself. We have no control over the deletion of your data by the operator itself. The privacy policy of the relevant operator therefore also applies in relation to the storage period.

7.1.2.5. LinkedIn Sales Navigator

We use the Sales Navigator function on LinkedIn. This allows us to search for corresponding profiles of LinkedIn users based on certain criteria, such as interests, professional background, work location specified in the profile, etc., and to contact these users based on this. The Sales Navigator function includes a messaging feature that allows us to contact you through our employees’ profiles on LinkedIn. Messages that we exchange with you via this function on LinkedIn are stored by us for the duration of your use of the Sales Navigator function. The communication that takes place in this way is not publicly visible to other users on LinkedIn. The legal basis for the processing presented above is Article 6(1)(f) GDPR. Our legitimate interest lies in establishing contact and forming a network of people who might be interested in STACKIT.

7.2. Processing as joint controllers

In some cases, we and the operator of the social media service act as joint controllers as defined in Article 26(1) GDPR:

We and the platform operator act as joint controllers with regard to the web tracking methods used by the social media platform operator. Web tracking can occur regardless of whether you are logged in or registered on the social media platform. As already explained, unfortunately we have almost no control over the web tracking methods used by social media platforms. We are unable, for example, to switch web tracking off.

The legal basis for the web tracking methods is Article 6(1)(f) GDPR. Optimizing social media platforms and the relevant fan pages is seen as a legitimate interest for the purpose of the above provision.

For further information about recipients and categories of recipients and the duration of data storage and the criteria for determining the storage period, please refer to the privacy policies of the platform operators. We do not have any control over this.

For further information about recipients and categories of recipients and the duration of data storage and the criteria for determining the storage period, please refer to the privacy policies of the platform operators. We do not have any control over this.

We have only a very limited ability to influence and prevent the provision of statistics to us by social media platform operators. However, we do make sure that we do not receive any additional optional statistics.

Please be aware that it is possible that social media platforms will use your profile and user behavior data in order to analyze, for example, your habits, personal relationships and preferences etc. Schwarz IT KG has no control over the processing or disclosure of your data by social media platform operators.

C. STACKIT services and support

1. Customer registration and setting up an account

1.1. Purposes and legal basis of processing

An account is required to be able to access STACKIT services. The legal basis for processing data in this context is Article 6(1)(f) GDPR. Schwarz IT KG’s legitimate interest is based on the fact that it intends to offer its services to potential customers who require an account for this purpose.

If data is processed within the scope of initiating or performing an existing contractual relationship, Article 6(1)(b) GDPR is the legal basis for data processing.

1.2. Recipients/categories of recipient

As a rule, we do not transfer the data to third parties outside Schwarz IT KG. In exceptional cases, we will have a processor process the data on our behalf. Such processors are carefully selected and bound by contract in accordance with Article 28 GDPR.

1.3. Obligation to provide your data

You are under no statutory or contractual obligation to provide personal data to us. However, you will not be able to use any SIT services if you do not provide us with the data required to set up an account.

1.4. Storage time

Your data will always be deleted and/or anonymized securely after the purpose has been fulfilled. Different time limits apply in this context.

To complete your registration, you will receive an account activation e-mail at the address you provided (user account). If you do not activate your user account, all of your data will be deleted after 90 days. Following activation, you will be asked to set up a customer account. If a customer account is not set up and the user account is not subsequently allocated to a customer account, all of your data will likewise be deleted after 90 days.

If we do not activate a customer account, all of your data will be deleted after 120 days. If we reject a customer account, all of your data will be deleted immediately.

2. Provision of the portal/account administration

2.1. Purposes and legal basis of processing

To enable you to use the STACKIT portal, data processing is required so that employees of Schwarz IT KG can perform back-office administration of the account. The legal basis for processing data in this context is Article 6(1)(f) GDPR. Schwarz IT KG’s legitimate interest is that you can manage the account yourself, for example, to invite other users to access your customer account.

When you send us personal data within the scope of initiating or performing an existing contractual relationship, Article 6(1)(b) GDPR is the legal basis for data processing.

2.2. Recipients/categories of recipient

As a rule, we do not transfer the data to third parties outside Schwarz IT KG. In exceptional cases, we will have a processor process the data on our behalf. Such processors are carefully selected and bound by contract in accordance with Article 28 GDPR.

2.3. Obligation to provide your data

You are under no statutory or contractual obligation to provide personal data to us. However, if you do not provide us with the necessary data, you will not be able to manage your account independently.

2.4. Storage time

There is a clearly differentiated concept for deleting data, which, as a rule, distinguishes between the individual deletion periods depending on the type of data. For example, your personal data is always deleted when the purpose has been fulfilled, i.e., it is stored for as long as the user/project is active. The data is deleted at the latest after 120 days provided there are no retention obligations preventing this.

3. Processing support queries

3.1. Purposes and legal basis of processing

The legal basis for the processing is Article 6(1)(f) GDPR. Schwarz IT KG’s legitimate interest is based on the support service it wishes to provide to its customers. To be able to respond to queries and to provide support, it is necessary to have a means of contact and to process your personal data as required.

When you send us personal data by contacting us for purposes of initiating or performing an existing contractual relationship, Article 6(1)(b) GDPR is the legal basis for data processing.

3.2. Recipients/categories of recipient

As a rule, we do not transfer the data to third parties outside Schwarz IT KG. In exceptional cases, we will have a processor process the data on our behalf. Such processors are carefully selected and bound by contract in accordance with Article 28 GDPR.

3.3. Obligation to provide your data

You are under no statutory or contractual obligation to provide personal data to us. However, if you do not provide us with the data required to process your request, we will not be able to process or respond to it.

3.4. Storage time

We delete or securely anonymize all personal data we receive from you when you make support requests at the latest when the existing business relationship with you comes to an end.

4. STACKIT Cloud Services

If a customer of Schwarz IT KG uses STACKIT cloud services and Schwarz IT KG processes personal data on behalf of and on the instructions of the customer (commissioned data processing), the customer is the data controller for the corresponding data processing within the meaning of Article 4(7) GDPR.

5. NetApp storage and backups

5.1. Purposes and legal basis of processing

The legal basis for processing the data collected as part of NetApp storage and backups is Article 6(1) sentence 1(f) GDPR. Schwarz IT KG’s legitimate interest is based on the need to ensure that the data stored in the cloud is secured in order to provide cloud services. In addition, your data is processed within the scope of system-based evaluations for the purposes of IT security (incorrect login attempts), evaluation of the services/features used for billing purposes as well as capacity management, optimization purposes and ensuring operations.

If data is processed within the scope of an existing contractual relationship, Article 6(1)(b) GDPR is the legal basis for data processing.

5.2. Recipients/categories of recipient

As a rule, we do not transfer the data to third parties outside Schwarz IT KG. In exceptional cases, we will have a processor process the data on our behalf. Such processors are carefully selected and bound by contract in accordance with Article 28 GDPR.

5.3. Obligation to provide your data

You are under no statutory or contractual obligation to provide personal data to us. However, we will not be able to back up your data if you do not provide us with the data necessary to back up customer/business partner data in the hybrid cloud via backup and recovery storage solutions.

5.4. Storage time

As a rule, the data is stored for as long as the system user is active. After that, the deletion deadline is 30 days. The deletion deadline for the log files is 90 days.

6. Aggregation of usage data

6.1. Purposes and legal basis of processing

The legal basis for processing your personal data with regard to the aggregation and provision of usage data is Article 6(1)(f) GDPR. In this case, Schwarz IT KG’s legitimate interest is based on determining usage in order to identify which customer has used/purchased which items in relation to the cloud service.

Data processing as part of further processing for billing purposes may be based on Article 6(1)(b) GDPR because data processing is necessary for the performance of the contract to which the data subjects are parties. Since the services offered are generally subject to a charge, the fact that they are chargeable is relevant to the necessity of data processing. If this affects persons who are not contracting partners, data processing may be based on Article 6 (1)(f) GDPR.

6.2. Recipients/categories of recipient

In this case, data is transferred to third parties outside Schwarz IT KG to SDL as a joint controller for billing purposes. In exceptional cases, we will also have a processor process the data on our behalf. Such processors are carefully selected and bound by contract in accordance with Article 28 GDPR.

6.3. Obligation to provide your data

You are under no statutory or contractual obligation to provide personal data to us. However, we will not be able to back up your data if you do not provide us with the data necessary to back up customer/business partner data in the hybrid cloud via backup and recovery storage solutions.

6.4. Storage time

As a rule, the data is stored for as long as the system user is active. After that, the deletion deadline is 30 days. The deletion deadline for the log files is 90 days. Reports are stored for a period of 12 years in order to comply with record-keeping obligations under tax law.

D. Processing of customers personal data

Apart from the data processing described elsewhere herein, we process personal data of customers in connection with the associated contractual relationship and/or taking steps prior to entering into a contract.

As a rule, the personal data of yours that we collect is obtained directly from you. However, it may also be necessary to process personal data that we obtain from other companies, authorities or other third parties, such as credit agencies, tax offices and the like. This may include personal data that we obtain through our whistleblower channels about potential compliance violations or in the context of compliance investigations.

Relevant personal data may include: personal details (e.g., first name, last name, address and other contact details, date and place of birth and nationality), identification and authentication data (e.g., commercial register excerpts, I.D. data, specimen signature), data within the scope of our business relationship (e.g., payment data, data on orders), creditworthiness data, data on corporate and ownership structure, photos and videos, and other data comparable to the aforementioned categories.

You may elect to communicate with us by e-mail or mail. For technical reasons, e-mail communications may be unencrypted.

1. Purposes and legal basis of processing

1.1. For the performance of contractual obligations (Article 6(1)(b) GDPR)

The purposes of processing follow from the need to take steps prior to entering into a contract, in advance of a contractual business relationship and to perform obligations under an existing contract.

1.2. For compliance with a legal obligation (Article 6(1)(c) GDPR)

The purposes of processing follow from statutory requirements in the individual case. Such legal obligations include, e.g., complying with retention and identification obligations, e.g., in the context of anti-money laundering requirements, tax monitoring and reporting requirements and data processing in the context of requests from authorities.

1.3. For the purposes of legitimate interests (Article 6(1)(f) GDPR)

It may be necessary to process the personal data you provide for purposes beyond the actual performance of the contract. Legitimate interests in this case include, in particular, selecting suitable customers, asserting legal claims, defending against liability claims, protecting our IT infrastructure, managing system access authorizations, data access controls, other internal administrative purposes (such as optimizing processes and workflows), sending the invitation to provide feedback you previously agreed to provide about your contact within the Schwarz Group, facilitating communication and contact via our Group-wide user directory, clarifying potential compliance violations, preventing crimes and settling claims arising out of the business relationship.

At the time of contracting, we occasionally obtain data on your credit history from credit agencies to serve the aforementioned legitimate interests. We use the credit history information from the credit agencies to assess your creditworthiness. Credit agencies store data that they receive from banks or companies, for example. Such data includes in particular last name, first name, date of birth, address and information on payment history. Information on the data stored about you can be obtained directly from the credit agencies.

If you accept our offer of contract by means of digital signature (e.g., Adobe Sign), we process your data, such as in particular e-mail address, IP address as well as the time and date of any modifications you make to the respective contract document, for instance when you approved, displayed or digitally signed it. We have a legitimate interest in ensuring that the process for signing contracts digitally is fast and efficient and that the signing process can be logged for verification purposes. Certain contracts may also be signed using a so-called qualified electronic signature. In this case we also process the certificate data associate with your signature in addition to the aforementioned data. We have a legitimate interest in being able to verify whether you are able to provide a valid qualified electronic signature serving to replace any written form prescribed by statute. To use a qualified electronic signature, you must independently register with a trust service provider (e.g., D-TRUST/Bundesdruckerei). When you register, the respective provider will process your data under its own responsibility and not on our behalf, however.

2. Recipients/categories of recipient

Within our company, access to the data provided by you will be granted to those departments that require such data for the purposes of performing contractual obligations, complying with legal obligations or serving legitimate interests. In the context of the contractual relationships, we also engage processors or service providers who may be given access to your personal data. Their compliance with data protection requirements is ensured by contractual agreement.

In addition, the data may be transferred to Schwarz Group companies for purposes of performing contractual obligations.

In the case of contracts executed by digital signature, your data is also accessible to all persons involved in the approval and signing of the contract, as they receive a log after the contract has been signed indicating all processing steps, including e-mail address, IP address, date and time. Your data may also be accessible to the respective service providers that we use for the relevant digital signature procedure. In the case of Adobe Sign, this would be Adobe Systems Software Ireland Limited, 4-6 Riverwalk, City West, Business Campus, Saggart D24, Dublin, Ireland. If a qualified electronic signature is used to execute digital contracts, your data will also be accessible to D-Trust GmbH, Kommandantenstraße 18, 10969 Berlin, Germany, which is the provider responsible for checking the validity of the signature.

3. Obligation to provide your data

Within the scope of our business relationship, you must provide us with the personal data needed to commence, execute and terminate a business relationship and to perform the obligations associated therewith, which we are legally obligated to collect or are entitled to collect on the basis of legitimate interests. Without such data, we would generally not be able to enter into a business relationship with you.

4. Duration of storage

The personal data will be stored for as long as necessary for fulfilling the above-mentioned purposes. Particularly relevant in this context are the statutory retention obligations under the German Commercial Code (Handelsgesetzbuch – HGB) and the German Fiscal Code (Abgabenordnung – AO), which provide for retention periods of up to 12 years.

E. Your rights as the data subject

Under Article 15(1) GDPR, you have the right to obtain information, free of charge, on the personal data stored about you.

If the statutory requirements are met, you also have a right to rectification (Article 16 GDPR), erasure (Article 17 GDPR) and restriction of processing (Article 18 GDPR) of your personal data.

If the basis of processing is Article 6(1)(e) or (f) GDPR, you have a right to object under Article 21 GDPR. If you object to processing, your data will no longer be processed thereafter, unless the controller demonstrates compelling legitimate grounds for the processing which override the interests of the data subject in the objection.

If you have provided the processed data yourself, you have a right to data portability under Article 20 GDPR.

If the data processing is carried out on the basis of consent granted under Article 6(1)(a) or Article 9(2)(a) GDPR, you may revoke that consent at any time with effect for the future without this affecting the lawfulness of the previous processing. In the above-mentioned cases, or if you have questions or complaints, please write to or e-mail the data protection officer. You also have a right to lodge a complaint with a data protection supervisory authority. The data protection supervisory authority located in the state in which you live or where the controller is domiciled has jurisdiction.

F. Data protection officer

For further questions concerning the processing of your data or the exercise of your rights, please contact the competent data protection officer of the controller at:

datenschutz süd GmbH – Keyword Schwarz IT KG – Wörthstraße 15 97082 Würzburg, Germany

E-mail: office@datenschutz-sued.de