Data privacy statement for the website of TopM Software GmbH
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TopM, represented by the Managing Director Uwe R. Iltgen, is responsible for compliance with the provisions of the Federal Data Protection Act and the EU General Data Protection Regulation (DSGVO).
The responsible external data protection officer is Mr. Joachim Spranz from the system informations gesellschaft mbH, Zeppelinstraße 5/2, 89231 Neu-Ulm.
Purpose for which data is collected
The personal data collected on the website is used to ensure the functionality of the website, as well as to contact you if you wish. The collection is done in the context of a legitimate interest to provide website services.
The following data is collected in the process.
· Change cookie selection
· Open cookie box again
· Access data
The website operator or page provider collects data about accesses to the page and stores them as “server log files”. The following data is logged in this way:
· website visited
· Time of day when accessed
· Amount of data sent in bytes
· Source/reference from where you landed on the page
· Browser used
· Operating system used
· IP address used
· Visited website
· Time at the time of access
· Amount of data sent in bytes
· Source/reference from which you came to the page
· Browser used
· Operating system used
· IP address used
Many common browsers offer the setting option to not allow cookies. Please note that it is not guaranteed that you will have unrestricted access to all functions of this website if you choose this setting option.
Handling of personal data
The website operator collects, uses and discloses your personal data only if this is permitted by law or if you consent to the collection of such data.
Personal data includes all information that can be used to identify you personally and that can be traced back to you – for example, your name, e-mail address and telephone number.
Handling of contact details
If you contact the website operator using the contact options provided, your details will be stored so that they can be used to process and respond to your inquiry. This data will not be disclosed to third parties without your consent.
If you have activated IP anonymisation however, your IP address will be truncated beforehand by Google within member states of the European Union or other states that are part of the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity, and providing other services relating to website activity and internet usage to the website operator.
You can find more information on this at tools.google.com/dlpage/gaoptout or at www.google.com/intl/de/analytics/privacyoverview.html (general information on Google Analytics and data protection). We would like to point out that the code “gat._anonymizeIp();” has been added to Google Analytics on this website to ensure anonymised collection of IP addresses (so-called IP masking).”
TeamViewer Remote Support
For remote support we use the software of TeamViewer GmbH. For this purpose, we offer you the download of a TeamViewer software suitable for these purposes from our website. Using this software, we can connect to your PC or server to provide the support that you have requested. The connection is made via servers of TeamViewer GmbH. By using remote support via TeamViewer, you consent to the processing of personal data that may be associated with this. TeamViewer is used to fulfil the existing contract between you and us and is in the mutual interest of the efficient, short-term and cost-effective provision of support services by us. The legal basis for the use of the plug-in is Art. 6 para. 1 p. 1 lit. a, b, and f DSGVO.
By visiting the sub-page of our website on which we offer the download of the TeamViewer software, TeamViewer receives the information that you have accessed the corresponding sub-page of our website. We have no knowledge of whether TeamViewer uses this information and, if so, for what purposes.
Facebook Custom Audience via the pixel process
This website uses the “Facebook Pixel” of Facebook Inc, 1 Hacker Way, Menlo Park, CA 94025, USA (“Facebook”). If explicit consent is given, this allows the behaviour of users to be tracked after they have seen or clicked on a Facebook advertisement. This procedure is used to evaluate the effectiveness of Facebook ads for statistical and market research purposes and can help optimise future advertising measures.
The data collected remains anonymous to us, so it does not allow us to draw any conclusions about the identity of the users. However, the data is stored and processed by Facebook so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes, in accordance with the Facebook data usage policy (https://www.facebook.com/about/privacy/). You may enable Facebook and its partners to place ads on and off Facebook. A cookie may also be stored on your computer for these purposes. These processing operations will only be carried out if you have given your express consent in accordance with Art. 6 (1) a DSGVO.
Consent to the use of the Facebook Pixel may only be given by users who are older than 13 years of age. If you are younger, we require you to ask your legal guardian for permission.
Facebook Inc. with headquarters in the USA is certified for the US-European data protection agreement “Privacy Shield”, which ensures compliance with the level of data protection applicable in the EU.
To our knowledge, user data is used by OpenStreetMap solely for the purpose of displaying the map functions and temporarily storing the selected settings. This data may include IP addresses and location data of the users. These are however not collected without their consent (usually executed in the context of the settings of their mobile devices).
This website uses the YouTube embedding function to display and play videos from the provider “YouTube”, which belongs to Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”).
The function displays videos stored on YouTube in an iFrame on the website. The “extended data protection mode” option is activated. As a result, YouTube does not store any information about visitors to the website. Only when you watch a video the information about it is transmitted to YouTube and stored there. Your data may be transmitted to the USA. There is no EU Commission adequacy decision for the USA. The data transfer takes place based on standard contractual clauses which serve as appropriate guarantees for the protection of personal data, viewable at: https://policies.google.com/privacy/frameworks.
Further information on data protection at “YouTube” can be found in the provider’s data protection statement at: https://www.google.de/intl/de/policies/privacy
Chat Software Userlike
TopM Software GmbH uses chat software from the company Userlike UG (liability limited), Probsteigasse 44-46, 50670 Cologne, Germany. You can use the chat as a contact form to chat with our employees almost in real time. When you start the chat, the following personal data is collected:
· Date and time of the call
· browser type/version
· IP address
· operating system used
· URL of previously visited website
· amount of data sent
· and if specified: first name, last name and email address.
Depending on the course of the conversation with our staff, further personal data may be collected when you enter the chat. The nature of this data depends largely on your request or the problem you are presenting to us. The purpose of processing all this data is to provide you with a fast and efficient means of contacting us and thus to improve our customer service.
All our staff have been and will be trained on data protection and how to handle customer data safely and confidentially. All our employees are bound to confidentiality and have signed an addendum in their employee contracts committing them to confidentiality and data protection.
In addition, TopM Software GmbH stores the chat history for a period of 365 days. This serves the purpose of sparing you extensive explanations about the history of your enquiry when applicable and assists us in maintaining constant quality control of our chat offer. The processing is therefore permitted in accordance with Art. 6 Para. 1 letter f of the DSGVO. If you do not wish this, you are welcome to inform us of this using the contact details below. Stored chats will then be deleted by us immediately.
The storage of chat data also serves the purpose of ensuring the security of our information technology systems. This is also our legitimate interest, which is why the processing is permissible under Art. 6 (1) f DSGVO.
For further information, please refer to the data protection policy of Userlike UG (liability limited).
Data protection information for online meetings, telephone conferences and webinars via “Zoom” TopM Software GmbH
We would like to inform you below about the processing of personal data in connection with the use of “Zoom”.
Purpose of processing
We use the tool “Zoom” to conduct telephone conferences, online meetings, video conferences and/or webinars (hereinafter: “online meetings”). “Zoom” is a service provided by Zoom Video Communications, Inc. which is based in the USA.
The responsible party for data processing directly related to the implementation of “Online Meetings” is TopM Software GmbH.
Note: If you call up the “Zoom” website, the provider of “Zoom” is responsible for data processing. However, calling up the website is only necessary for using “Zoom” to download the software for using “Zoom”.
You can also use “Zoom” if you enter the respective meeting ID and, if applicable, further access data for the meeting directly in the “Zoom” app.
If you do not want to or cannot use the “Zoom” app, the basic functions can also be used via a browser version, which you can also find on the “Zoom” website.
What data is processed?
Various types of data are processed when using “Zoom”. The scope of the data also depends on the data you provide before or during participation in an “online meeting”.
The following personal data is subject to processing:
· User details: first name, last name, telephone (optional), e-mail address, password (if “single sign-on” is not used), profile picture (optional),
· Department (optional)
· Meeting metadata: topic, description (optional), participant IP addresses, device/hardware information.
· For recordings (optional): MP4 file of all videos, audios and presentation recordings, M4A file of all audio recordings, text file of online meeting chat.
· For dial-in with the telephone: information on the incoming and outgoing call number, country name, start and end time. If necessary, further connection data such as the IP address of the device can be stored.
· Text, audio and video data: You may have the opportunity to use the chat, question, or survey functions in an “online meeting”. In this respect, the text entries you make are processed to display them in the “online meeting” and, if necessary, to record them. To enable the display of video and the playback of audio, the data from the microphone of your terminal device and from any video camera of the terminal device are processed accordingly during the meeting. You can switch off or mute the camera or microphone yourself at any time via the “Zoom” applications.
· To participate in an “online meeting” or to enter the “meeting room”, you must at least enter your name.
Scope of processing
We use “Zoom” to conduct “online meetings”. If we want to record “online meetings”, we will transparently inform you in advance and when necessary, also ask for consent. The fact that it is being recorded will also be displayed to you in the “Zoom” app.
If it is necessary to log the results of an online meeting, we will log the chat content. However, this is not usually the case.
In the case of webinars, we may also process questions asked by webinar participants for the purposes of recording and following up the webinars.
If you are registered as a user with “Zoom”, then reports on “online meetings” (meeting metadata, telephone dial-in data, questions and answers in webinars, survey function in webinars) may be stored by “Zoom” for up to one month.
Automated decision-making within the meaning of art. 22 DSGVO is not used.
Legal basis for data processing
With regards to the processing of personal data of TopM Software GmbH employees, § 26 BDSG is the legal basis for the data processing. If, in connection with the use of “Zoom”, personal data is not required for the establishment, implementation or termination of the employment relationship, but is nevertheless an elementary component of the use of “Zoom”, the legal basis for data processing is article 6 (1) (f) DSGVO. In these cases, our interest lies in the effective implementation of “online meetings”.
Otherwise, the legal basis for data processing when conducting “online meetings” is Art. 6 para. 1 lit. b) DSGVO, insofar as the meetings are conducted within the framework of contractual relationships.
If there is no contractual relationship, the legal basis is Art. 6 para. 1 lit. f) DSGVO. Here, too, our interest is in the effective conduct of “online meetings”.
Recipients / passing on of data
Personal data processed in connection with participation in “online meetings” will not be passed on to third parties as a matter of principle, unless they are specifically intended to be passed on. Please note that the content of “online meetings”, as well as personal meetings, is often used to communicate information with customers, interested parties or third parties and is therefore intended to be passed on.
Other recipients: The provider of “Zoom” necessarily receives knowledge of the above-mentioned data insofar as this is provided for in the context of our order processing agreement with “Zoom”.
Data processing outside the European Union
“Zoom” is a service provided by a provider from the USA. Processing of personal data therefore also takes place in a third country. We have concluded an order processing agreement with the provider of “Zoom” which complies with the requirements of article 28 DSGVO.
An appropriate level of data protection is guaranteed on the one hand by the conclusion of the so-called EU standard contractual clauses. As additional protective measures, we have also configured our Zoom system in such a way that only data centres in the EU, the EEA or secure third countries such as Canada or Japan are used to conduct “online meetings”.
Rights of the user: information, correction and deletion
As a user, you can request information free of charge about which personal data has been stored about you. Provided that your request does not conflict with a legal obligation to store data (e.g., data retention), you have the right to have incorrect data corrected and to have your personal data blocked or deleted.
The data will only be stored within the legally permissible periods. Afterwards, the data is automatically deleted.
Disclosure to third parties
The data collected will not be passed on to third parties, except in the context of order processing by the website’s host for example. There is no transfer to a third country or an international organisation.
You have the right to complain to the competent supervisory authority. The supervisory authority responsible for TopM is the Bavarian State Office for Data Protection Supervision (BayLDA): https://www.lda.bayern.de/
Provision of personal data
Without the provision of contact details, it is not possible for us to contact you, no further restrictions will apply.
Profiling based on the collected data does not take place.Change