Privacy policy

1 Privacy policy

This data protection declaration informs you about the type, range and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the websites, functions and contents connected with it as well as external online appearances, such as our social media profiles (hereinafter collectively referred to as "online offer"). With regard to the terms used, such as "processing" or " responsible party", we refer to the definitions in Art. 4 of the General Data Protection Regulation (DSGVO).

2 Responsible

smart connected city infrastructure GmbH
Alemannenstraße 2
D-71155 Altdorf
GERMANY

info[at]smart-cci.com

executive directors: Stephan Meyer, Martin Sigle

3 Types of processed data

• Stock data (e.g. names, addresses)
• Contact data (e.g. mail, phone numbers)
• Content data (e.g. texts, images, videos)
• Usage data (e.g. visited websites, interest in contents, access hours)
• Meta- and communication data (e.g. device information, IP addresses)

4 Categories of persons affected

Visitors and users of the online offer (hereinafter we also refer to the data subjects collectively as “users”).

5 Purpose of the processing

• Provision of the online offer, its functions and contents
• Responding to contact requests and communicating with users
• Security measures
• Reach measurement/marketing

6 Used terminology

"Personal data" means any information relating to an identified or identifiable natural person (hereinafter "data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more particular characteristics that are an expression of that natural person's physical, physiological, genetic, mental, economic, cultural or social identity.

"Processing" means any action or set of actions performed with or without the aid of automated means in relation to personal data. The term is wide and covers practically any handling of data.

"Pseudonymisation" means the processing of personal data in such a way that the personal data can no longer be related to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and administrative measures which ensure that the personal data are not related to an identified or identifiable natural person.

"Profiling" means any automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.

"Controller" means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.

"Order processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the responsible.

7 Significant legal bases

In accordance with Art. 13 DSGVO, we inform you of the legal basis for our data processing. If the legal basis is not stated in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 DSGVO, the legal basis for processing for the performance of our services and implementation of contractual measures as well as answering enquiries is Art. 6(1)(b) DSGVO, the legal basis for processing for the performance of our legal obligations is Art. 6(1)(c) DSGVO, and the legal basis for processing for the protection of our legitimate interests is Art. 6(1)(f) DSGVO. In case that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) DSGVO will serve as the legal basis.

8 Security measures

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

The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transfer, assurance of availability and separation of the data. We also have procedures in place to ensure the exercise of data subjects' rights, deletion of data and response to data compromise. Furthermore, we already take the protection of personal data into account in the development and selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 DSGVO).

9 Cooperation with order processors and third parties

If in the course of our processing we disclose data to other persons and companies (order processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as to payment service providers, is necessary for the performance of the contract pursuant to Art. 6 (1) (b) DSGVO), you have consented, a legal obligation requires this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we assign third parties with the processing of data on the basis of a so-called "order processing agreement", this is done on the basis of Art. 28 DSGVO.

10 Transmission to Non-EU countries

If we process data in a third country (meaning outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using third-party services or disclosing or transferring data to third parties, this is only done if it is for the fulfilment of our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Except where permitted by law or contract, we will only process or allow data to be processed in a non-EU country if the special requirements of Art. 44 ff. DSGVO are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").

11 Rights of the data subjects

You have the right to request confirmation as to whether data in question are being processed and to information about these data as well as further information and a copy of the data in accordance with Art. 15 of the DSGVO.

You have the right according to Art. 16 of the DSGVO, you have the right to request that the data concerning you be completed or that the inaccurate data concerning you be corrected.

In accordance with Art. 17 of the DSGVO, you have the right to demand that the data concerned be deleted without delay or, alternatively, to demand restriction of the processing of the data in accordance with Art. 18 of the DSGVO.

You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 DSGVO and to request that it be transferred to other data controllers.

You also have the right to file a complaint with the competent supervisory authority pursuant to Art. 77 DSGVO.

12 Right of withdrawal

You have the right to withdraw consent in accordance with Art. 7 (3) DSGVO with effect for the future.

13 Right to appeal

You may object to the future processing of data relating to you in accordance with Art. 21 DSGVO at any time. The objection can be made in particular against processing for direct marketing purposes.

14 Cookies and right to appeal in case of direct advertising

Cookies" are small files that are stored on users' computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his or her visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his or her browser. In such a cookie, for example, the contents of a shopping basket in an online shop or a login status can be stored. Cookies that remain stored even after the browser is closed are referred to as "permanent" or "persistent". For example, the login status can be stored if users visit them after several days. Likewise, the interests of users can be stored in such a cookie, which is used for range measurement or marketing purposes. Third-party cookies" are cookies that are offered by providers other than the responsible party that operates the online offer (otherwise, if they are only its cookies, they are referred to as "first-party cookies").

We may use temporary and permanent cookies and explain this in our privacy policy.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US American site http://www.aboutads.info/choices or the EU site http://www.youronlinechoices.com. Furthermore, the storage of cookies can be disabled by deactivating them in the browser settings. Please note that not all functions of this online offer can be used then.

15 Deletion of data

The data processed by us will be deleted or its processing restricted in accordance with Art. 17 and 18 DSGVO. Unless expressly stated within the terms of this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any legal retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. That means the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.

In accordance with legal requirements in Germany, storage is in particular for 10 years in accordance with §§ 147 (1) AO, 257 (1) nos. 1 and 4, (4) HGB (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 (1) nos. 2 and 3, (4) HGB (commercial letters).

According to legal requirements in Austria, storage is carried out in particular for 7 years pursuant to § 132 (1) BAO (accounting records, vouchers/invoices, accounts, receipts, business papers, statement of income and expenditure, etc.), for 22 years in connection with real property and for 10 years for records in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is claimed.

16 Business-related processing

Additionally we process

• Contract data (e.g. contract object, duration, customer category)
• Payment date (e.g. bank details, payment history)

Of our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

17 Order processing in the online shop and customer account

We process the data of our customers in the context of the ordering processes in our online shop in order to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.

The data processed includes stock data, communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties and other business partners. The processing is carried out for the purpose of providing contractual services in the context of operating an online shop, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.

The processing is based on Art. 6 (1) (b) (execution of order transactions) and (c) (legally required archiving) DSGVO. In this context, the information marked as required is necessary for the justification and fulfilment of the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of legal permissions and obligations towards legal advisors and authorities. The data is only processed in third countries if this is necessary for the fulfilment of the contract (e.g. at the customer's request for delivery or payment).

Users can optionally create a user account, in which they can view their orders in particular. Within the scope of registration, the required mandatory information is provided to the users. The user accounts are not public and cannot be indexed by search engines. If users have cancelled their user account, their data with regard to the user account will be deleted, subject to their retention being necessary for reasons of commercial or tax law in accordance with Art. 6 (1) (c) DSGVO. Information in the customer account shall remain until its deletion with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to save their data in the event of termination before the end of the contract.

Within the scope of registration and renewed logins as well as the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as those of the users in protection against misuse and other unauthorised use. As a matter of principle, this data is not passed on to third parties unless it is necessary for the pursuit of our claims or there is a legal obligation to do so in accordance with Art. 6 (1) (c) DSGVO.

The deletion occurs after the expiry of legal warranty and comparable obligations, the necessity of storing the data is reviewed every three years; in the case of legal archiving obligations, the deletion occurs after their expiry (end of commercial law (6 years) and tax law (10 years) storage obligation).

18 Contractual services

We process the data of our contractual partners and interested parties as well as other clients, customers, clients or contractual partners (uniformly referred to as "contractual partners") in accordance with Art. 6 (1) (b) DSGVO, in order to provide them with our contractual or pre-contractual services. The data processed in this context, the type, scope and purpose and the necessity of their processing are determined by the based contractual relationship.

The data processed includes the master data of our contractual partners (e.g. names and addresses), contact data (e.g. e-mail addresses and telephone numbers) as well as contractual data (e.g. services used, contents of the contract, contractual communication, names of contact persons) and payment data (e.g. bank details, payment history).

As a matter of principle, we do not process special categories of personal data, unless these are components of a commissioned or contractual processing.

We process data that are necessary for the justification and fulfilment of contractual services and point out the necessity of their disclosure if this is not evident to the contractual partners. Disclosure to external persons or companies only takes place if it is necessary within the framework of a contract. When processing the data provided to us within the scope of an order, we act in accordance with the instructions of the client as well as the legal requirements.

When using our online services, we may store the IP address and the time of the respective user action. This storage is based on our legitimate interests as well as the interests of users in protection against misuse and other unauthorised use. As a matter of principle, this data is not passed on to third parties unless it is necessary for the pursuit of our claims pursuant to Art. 6 (1) (f) DSGVO or there is a legal obligation to do so pursuant to Art. 6 (1) (c) DSGVO.

The deletion of the data takes place when the data is no longer required for the fulfilment of contractual or legal duties of care as well as for dealing with any warranty and comparable obligations, whereby the necessity of the retention of the data is reviewed every three years; otherwise, the legal retention obligations apply.

19 Administration, financial accounting, office organization, contact management

We process data in the context of administrative tasks as well as organisation of our operations, financial accounting and compliance with legal obligations, such as the archiving. In doing so, we process the same data that we process in the context of providing our contractual services. The processing bases are Art. 6 (1) (c) DSGVO, Art. 6 (1) (f) DSGVO. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in the administration, financial accounting, office organisation, archiving of data, i.e. tasks that serve the maintenance of our business activities, performance of our tasks and provision of our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information mentioned in these processing activities.

In this context, we disclose or transmit data to the tax authorities, consultants such as tax advisors or auditors as well as other fee offices and payment service providers.

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

20 Business analyses and market research

In order to operate our business economically, to be able to recognise market trends, wishes of the contractual partners and users, we analyse the data we have on business transactions, contracts, enquiries, etc. In this process, we process stock data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 (1) (f) DSGVO, whereby the data subjects include contractual partners, interested parties, customers, visitors and users of our online offer.

The analyses are carried out for the purpose of business evaluations, marketing and market research. In doing so, we may take into account the profiles of registered users with details, for example, of the services they have used. The analyses serve us to increase user-friendliness, to optimise our offer and to improve business management. The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with summarised values.

If these analyses or profiles are personal, they are deleted or anonymised when the user terminates the contract, otherwise after two years from the conclusion of the contract. In all other respects, the overall business analyses and general trend analyses are prepared anonymously wherever possible.

21 Data protection information in the application process

We only process the applicant data for the purpose of and within the scope of the application procedure in accordance with the legal requirements. Applicant data is processed to fulfil our (pre)contractual obligations within the scope of the application procedure in accordance with Art. 6 (1) (b) DSGVO Art. 6 (1) (f) DSGVO insofar as the data processing becomes necessary for us, e.g. within the scope of legal procedures (in Germany, § 26 BDSG also applies).

The application procedure requires applicants to provide us with applicant data. The necessary applicant data are marked if we offer an online form, otherwise they result from the job descriptions and basically include personal details, postal and contact addresses and the documents belonging to the application, such as cover letter, CV and certificates. In addition, applicants may voluntarily provide us with additional information.

By submitting an application to us, applicants consent to the processing of their data for the purposes of the application process in accordance with the nature and scope set out in this privacy policy.

Insofar as special categories of personal data within the meaning of Art. 9 (1) DSGVO are voluntarily provided within the scope of the application procedure, their processing is additionally carried out in accordance with Art. 9 (2) (b) DSGVO (e.g. health data, such as severely disabled status or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 (1) DSGVO are requested from applicants as part of the application process, their processing is additionally carried out in accordance with Art. 9 (2) (a) DSGVO (e.g. health data if this is necessary for the exercise of the profession).

If provided, applicants can submit their applications to us using an online form on our website. The data is transmitted to us in encrypted form in accordance with the state of the art. Applicants can also send us their applications by e-mail. Please note, however, that e-mails are generally not sent in encrypted form and applicants must ensure that they are encoded themselves. We cannot accept any responsibility for the transmission path of the application between the sender and receipt on our server and therefore recommend using an online form or sending it by postal mail. Applicants still have the option of sending us their application by postal mail instead of using the online form and e-mail.

The data provided by applicants may, in the event of a successful application, be further processed by us for the purposes of the employment relationship. Otherwise, if the application for a vacancy is unsuccessful, the applicants' data will be deleted. Applicants' data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time.

Subject to a justified withdrawal by the applicants, the deletion will take place after the expiry of a period of six months so that we can answer any follow-up questions about the application and meet our obligations to provide evidence under the Equal Treatment Act. Invoices for any compensation of travel expenses will be archived in accordance with the requirements of tax law.

22 Talent pool

As part of the application process, we offer applicants the opportunity to be included in our "talent pool" for a period of two years on the basis of consent within the meaning of Art. 6 (1) (b) and Art. 7 DSGVO.

The application documents in the talent pool will be processed exclusively in the context of future job advertisements and the employee search and will be destroyed at the latest after the expiry of the period. Applicants are informed that their consent to inclusion in the talent pool is voluntary, has no influence on the current application process and that they can revoke this consent at any time for the future and declare their objection within the meaning of Art. 21 DSGVO.

23 Registration function

Users can create a user account. As part of the registration process, the required mandatory information is provided to the users and processed on the basis of Art. 6 (1) (b) DSGVO for the purpose of providing the user account. The processed data includes in particular the login information (name, password and an e-mail address). The data entered during registration is used for the purposes of using the user account and its purpose.

Users may be informed of information relevant to their user account, such as technical changes, by e-mail. If users have terminated their user account, their data relating to the user account will be deleted, subject to any legal obligation to retain it. It is the responsibility of the users to save their data before the end of the contract in the event of termination. We are entitled to irretrievably delete all user data stored during the term of the contract.

Within the scope of the use of our registration and login functions as well as the use of the user account, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as those of the users in protection against fraud and other unauthorised use. As a matter of principle, this data is not passed on to third parties unless it is necessary for the pursuit of our claims or there is a legal obligation to do so pursuant to Art. 6 (1) (c) DSGVO. The IP addresses are anonymised or deleted after 7 days at the latest.

24 Contact

When contacting us (e.g. via contact form, email, telephone or social media), the user's details will be used to process the contact request and handle it in accordance with Art. 6 (1) (b) (in the context of contractual/pre-contractual relations), Art. 6 (1) (f) (other enquiries) DSGVO. The user's details may be stored in a customer relationship management system ("CRM system") or comparable enquiry organisation.

We delete the enquiries if they are no longer necessary. We review the necessity every two years; Furthermore, the legal archiving obligations apply.

25 Hosting and e-mail dispatch

The hosting services used by us serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services and technical maintenance services, which we use for the purpose of operating this online offer.

In doing so, we, or our hosting provider, process stock data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer pursuant to Art. 6 (1) (f) DSGVO in conjunction with. Art. 28 DSGVO (conclusion of order processing agreement).

26 Collection of access data and log files

We, or rather our hosting provider, collect data on the basis of our legitimate interests within the meaning of Art. 6 (1) (f) DSGVO, we collect data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.

Log file information is stored for security reasons (e.g. for the clarification of abuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is required for evidentiary purposes is exempt from deletion until the respective incident is finally clarified.

27 Integration of third party services and content

Within our online offer, we use content or service offers of third-party providers on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 (1) (f) DSGVO), we use content or services offered by third-party providers in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as "content").

This always requires that the third-party providers of this content are aware of the IP address of the user, as without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content. We endeavour to use only such content whose respective providers only use the IP address to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offering, as well as being linked to such information from other sources.

28 Google Maps

We integrate the maps of the "Google Maps" service of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The data processed may include, in particular, IP addresses and location data of the users, which, however, are not collected without their consent (usually executed within the framework of the settings of their mobile devices). The data may be processed in the USA.
Privacy policy: https://www.google.com/policies/privacy,
Opt-Out: https://adssettings.google.com/authenticated.

Created with Datenschutz-Generator.de by Dr. Thomas Schwenke (attorney at law)