Schwarz IT KG
STACKIT Data Protection Notice
Data Protection Notice for STACKIT and the websites, services and support associated therewith
→ Version 3.0
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
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 (excluding customer hotline)/mail/contact form and event registration via registration 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.
We process data that you provide us via contact and/or registration forms to register for events (e.g., fairs or our webinars) to select and process the respective registrations and to organize and manage the event.
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, as well as to select and process the respective registrations for events and to organize and manage the event.
If we ask for your consent to data processing in advance when communicating with you, e.g., when you use our contact form or use the registration form to sign up for events, 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. The same applies to data processing for the purposes of organizing and managing events that you attend, to the extent that you personally are party to the respective agreement on event participation (terms and conditions of participation) and not, for instance, your employer.
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 or your registration for an event, 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.
We delete personal data used to select and process participation at events 90 days after the final selection and processing, provided that no invitation to an event is extended.
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.
If the data processing is based on your consent, for verification purposes we store the record of your consent for a period of three years from the date on which you withdraw your consent or the associated data processing ends.
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:
- www.stackit.de
- www.stackit.cloud
2.1. Purposes and legal basis of processing
When you visit our websites, log files are generated containing the following information:
- the website/application from which you accessed our site (referrer URL)
- the IP address;
- the date and time of access;
- the client request;
- the http response code;
- the data volume transmitted;
- the name and URL of the requested file;
- information about the type of browser and operating system you are using;
- the name of your Internet service provider
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:
- www.stackit.de
- www.stackit.cloud
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:
- Technically Necessary: these technical cookies help to make a website usable by enabling basic functions such as site navigation and access to secure pages. The website cannot function properly without these cookies.
- Preferences: using these methods, we can take into account your actual or perceived preferences to enhance the user experience. For example, we can use your settings to display our website in a language relevant to you. They also mean we can avoid displaying products that may not be available in your region.
- Statistics: these methods enable us to tailor the design of our services by producing anonymized statistics about how they are used. For example, we can use them to determine how better to adapt our websites to user habits.
- Marketing: these enable us to display relevant advertising content based on an analysis of your usage behavior. Your usage behavior can also be tracked over various websites, browsers or devices via a user ID (unique identifier).
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:
Technically necessary:
- user inputs, in order to remember inputs across multiple sub-pages;
- authentication data to identify a user after signing in, enabling you to access authorized content on subsequent visits (e.g., access to the customer portal);
- security-related events (e.g., identifying repeat failed sign-in attempts);
- required data.
Preferences:
- settings to customize the user interface that are not linked to a permanent identifier.
Statistics
- pseudonymized usage profiles containing information on the use of our website. These contain in particular:
- browser type/browser version;
- operating system used;
- referrer URL (i.e., the previously visited page);
- host name of the accessing computer (IP address);
- time of the server request;
- individual user ID; and
- events triggered on the websites (web browsing behavior).
- The IP address is routinely anonymized, which in principle means it is no longer possible to identify you.
- We only store the user ID together with other data you provide (e.g., name, e-mail address) if you give us express permission to do so. In itself, we cannot use the user ID to identify you.
Marketing:
- pseudonymized usage profiles containing information on the use of our website. These contain in particular:
- IP-address,
- individual user ID;
- products potentially of interest;
- events triggered on the websites (web browsing behavior).
- IP addresses are routinely anonymized, which in principle means it is no longer possible to identify you.
- We only store the user ID together with other data you provide (e.g., name, e-mail address) if you give us express permission to do so. In itself, we cannot use the user ID to identify you. We may potentially share the user ID and associated usage profiles with third parties via providers of advertising networks.
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 here and make your selection.
Currently only technically necessary cookies are used on www.stackit.cloud and the associated sub-domains/sub-pages.
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. Google Analytics
Our website www.stackit.de and the associated subdomains and subpages use the “Google Analytics” service offered by Google LLC, 1600 Amphitheatre Parkway, Mountain View, California 94043, USA. Cookies and similar technologies, in particular JavaScript, are used to store and analyze data on your end device.
In the European Union and in the European Economic Area (EEA), the “Google Analytics” service is offered by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, which assists us a processor in accordance with Article 28 GDPR.
“Google Analytics” creates user profiles on the basis of pseudonyms (recognition attributes from cookies and device ID and further data on the end device used or the “browser fingerprint”) and usage data (e.g., name and address of the website content requested by your browser, referral links, description of the web browser and operating system used, and the IP address of the requesting end device). Demographic data, such as the age, gender and interests of the users, and interactions, such as button clicks, scroll depth and length of stay, are collected, analyzed and merged with existing anonymized data.
We have configured “Google Analytics” in a such way that your IP address is processed and truncated within the EU using the „_anonymizeIp()“ feature before it is transmitted to Google’s servers in the USA.
We transmit your data in connection with our use of “Google Analytics” to Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, as well as Google LLC, 1600 Amphitheatre Parkway, Mountain View, California 94043, USA. In principle, we have no influence on further data processing by the third-party provider. For further information on how Google handles personal data, please visit https://policies.google.com/privacy?hl=en. By virtue of the fact that we use “Google Analytics” on our web pages, data is transmitted to the aforementioned recipients and stored there for a period of 26 months.
3.4 Adobe Analytics
We integrate the Adobe Analytics service on our website www.stackit.cloud and the associated subdomains and sub-pages in order to evaluate user access to this website. The data processing takes place exclusively on the basis of a consent given by you (Article 6 (1) (a) GDPR, and § 25 (1) sentence 1 TTDSG), i.e. if you do not consent, no data will be processed. Information that arises during your use of the pages mentioned above (these are: the page from which the file was requested, the name of the file, the date and time of the query, the transferred data volume, the access status such as “file transferred” , “File not found”, etc., a description of the type of web browser used and an anonymized IP address – shortened by the last three digits), are used by us for user guidance, for statistical evaluations and to adapt our website to your needs. We use cookies for this purpose, which control your connection to our websites during the session. For this purpose, Adobe Systems Software Ireland Limited, 4-6 Riverwalk, City West Business Campus, Saggart D24, Dublin, Ireland, has been commissioned by us to set a permanent cookie in your Internet browser in order to create an anonymized user profile. This permanent cookie makes it possible to recognize your browser when you visit this website again. This serves to recognize the anonymized user profile and the needs-based design of our website.
A direct personal reference of the information stored on the Adobe servers is excluded, since Adobe Analytics is used with the settings “Before Geo-Lookup: Replace visitor’s last IP octet with 0” and “Obfuscate IP-Removed”. The setting “Before Geo-Lookup: Replace visitor’s last IP octet with 0” ensures that the IP address is anonymized before this so-called geolocalization by replacing the last octet of the IP address with zeros. The approximate location of the user is added to the tracking package, which still contains the full IP address, for statistical evaluation. Before the tracking package is saved, the IP address is then replaced by a single fixed IP address – this is referred to as a generic IP address – if the setting “Obfuscate IP – Removed” is configured. As a result, the original complete IP address is no longer contained in a stored data set.
The data collected with the Adobe Analytics technology is not used to personally identify the visitor to this website. The usage data stored in the cookie is also not merged with personal data. In order to prevent general tracking by Adobe, you only have to click on the corresponding link and confirm your objection on the page to be reached. In this case, a permanent “Do not track” cookie is set by Adobe in your browser so that Adobe technology is no longer used.
3.5. 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.
3.6. 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.
3.7. 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. Newsletter
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 data (e-mail address and (optionally) your first and last name) to send you information about STACKIT. This includes for instance information about products, offers, promotions, services, announcements and invitations to take part in prize draws, surveys, training opportunities, events and webinars relating to STACKIT services. We also record your newsletter usage behavior (in particular opening, clicking on links and other newsletter activities), among other things by means of tracking mechanisms (such as cookies, tracking pixels and beacons), and on this basis create a personalized usage profile assigned to you and/or your e-mail address in order to tailor newsletter content and communications to your interests and optimize our services.
The legal basis for such processing is your consent pursuant to Article 6(1)(a) GDPR, section 25 of the German Telecommunications and Telemedia Data Protection Act (Telekommunikation-Telemedien-Datenschutz-Gesetz – “TTDSG”).
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.
If you subscribe to the newsletter, the IP address of the accessing system and the date and time of registration are recorded, as is the e-mail verification. This data is processed for the sole purpose of being able to track potential misuse of an e-mail address. The legal basis for processing the above-mentioned data is Article 6(1)(f) GDPR. We have a legitimate interest in ensuring IT security.
You may withdraw your consent to receive the newsletter and to the recording of newsletter activities 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 recording of your usage behavior and the receipt of newsletters 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
In exceptional cases, your personal data may be accessible to Microsoft Ireland Operations Ltd., South County Business Park, One Microsoft Court, Carmanhall and Leopardstown, Dublin, D18 P521, Ireland, for service, support and maintenance purposes because our newsletter tool is hosted/technical support is provided by that service provider.
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) and your usage data will be deleted as soon as you unsubscribe from our newsletter. The IP address will be stored for 30 days and then deleted.
For verification purposes, we store the record of your consent for a period of three years from the date on which you withdraw your consent or the associated data processing ends.
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:
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 |
| Facebook: | Facebook Privacy Policy |
| Instagram: | Instagram Privacy Policy |
| Twitter: | Twitter Privacy Policy |
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 A. 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.
7.1.2.6. LinkedIn Lead Generation
We also use the lead generation feature on LinkedIn. In a first step, defined characteristics are used to pre-filter the profiles that our ads are displayed to. Article 6(1)(f) GDPR is the legal basis for this. The legitimate interest here lies in being able to display ads for STACKIT to relevant target groups.
By clicking on our ad on LinkedIn, you will be able to leave your name and work contact details and request to be contacted by STACKIT to receive further information on our products. The data you provide will be included in our customer database. Article 6(1)(f) GDPR is the legal basis for this. The legitimate interest here lies in ensuring effective communication with prospective customers. 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.
We delete or securely anonymize all information we receive from you by the means referred to above 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 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.
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 customer service hotline
If you contact the STACKIT customer service hotline, we will process your personal data (by default: name, title, contact information) in the course of handling your telephone inquiry.
1. Purpose of the processing and legal basis
We treat all personal data that we receive from you by telephone when you contact the customer service hotline 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 in connection with the services we provide the satisfaction of our customers, employees, business partners and interested parties in STACKIT 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.
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. The call center services are provided by Teleperformance Germany S. à r. l. & Co. KG (Heinrich-Hertz-Straße 4, 44227 Dortmund).
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.
4. Storage time/criteria for determining storage time
We delete or securely anonymize all information we receive from you when you make telephone inquiries no later than 45 days after the telephone call. The information is retained for 45 days in case you contact us again after your telephone inquiry on the same matter and we need to refer to the information we previously shared with you. Based on experience, we generally do not receive any questions concerning the telephone inquiries after 45 days.
D. 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. Storage and backups
5.1. Purposes and legal basis of processing
The legal basis for processing the data collected as part of 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.
E. 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, conducting research on prospective customers, e.g., to ensure that compliance requirements and the like are met, asserting legal claims, defending against liability claims, avoiding legal risks and financial detriment (including for third parties), protecting our IT infrastructure, managing system access authorizations, data access controls, other internal administrative purposes (such as optimizing processes and workflows, ensuring data quality), sending the invitation to provide feedback you previously agreed to provide about your contact at the companies of 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.
In addition, we occasionally process personal data to document key milestones and events in the development of the companies of Schwarz Group in order to chronicle its corporate history.
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 contractual relationships and in order to fulfill statutory obligations and safeguard legitimate interests, we can also engage processors or service providers who may also 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 companies of Schwarz Group 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.
Data in the corporate history will be stored on a permanent basis, to the extent it remains relevant for that purpose.
F. 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.
G. 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