I. Aims of the data protection concept
The protection of personal data is important to IoTWare. Data protection is intended to protect the right to informational self-determination. This basic right is a manifestation of the general personal right according to Art. 2 para. 1 GG in conjunction with Art. 1 para. 1 GG (German Grundgesetz), the right of the individual to decide in principle about the disclosure and use of his personal data. This requires regulations on the handling of data.
The personal data should be treated confidentially.
The aim of the data protection concept is to present the data protection aspects in a summarising documentation. It can also be used as a basis for audits under data protection law, e.g. by clients in the context of order processing. This is intended not only to ensure compliance with the European General Data Protection Regulation (GDPR), but also to provide evidence of compliance.
Data protection means trust. Trust has top priority for IoTWare. Therefore, the careful handling of personal information is particularly important to the company. Data collected is always treated confidentially in strict compliance with the applicable data protection regulations. This applies in particular to the processing of personal data.
III. Area of Application
This guideline regulates data protection compliant information processing and the corresponding responsibilities at IoTWare. All employees are obliged to comply with this guideline.
IV. Data protection principles and definitions of terms
In the GDPR, the EU has summarised the most important data protection issues. These are called principles. The principles can be found in Article 5 of GDPR – it requires that they be observed when handling personal data. The principles are like a foundation on which data protection activities are built.
The essential points are:
- Legality, i.e. there must always be permission for processing (for example, a law or consent).
- Transparency, i.e. it must be possible to understand how personal data is processed (for example, where does the data come from, where is it stored, where is it forwarded to).
- Purpose limitation, i.e. a reason must be determined for each processing operation. Data cannot be used for any other purpose.
- Data minimisation, i.e. only as much data as necessary is processed. The principles of data avoidance and data economy from the old version of the BDSG will in future be combined with data minimisation.
- Correctness, i.e. the data must be correct. If it is incorrect, it must be corrected or deleted.
- Memory limitation, i.e. the data must be deleted when not needed.
- Integrity, i.e. the data cannot be changed by unauthorized persons.
- Confidentiality, i.e. the data must be kept confidential. Unauthorized persons cannot be allowed to view it.
- Accountability, i.e. the person in charge must comply with the above-mentioned points regarding the handling of the data and must be able to prove this.
Art. 4 of the GDPR defines numerous terms for data protection law. They help to understand the law. Essential points are described here in simplified form.
A “data subject” is a natural person from whom data is processed. The data subject has rights (see XIII.)
“Personal data” is information from a natural person. The data can be used to identify the person. To this end, one says that the person is identifiable. This can be done directly by the name. Even individual pieces of information without a name can be used to identify a person, for example an address.
According to Art. 9 GDPR, the “special categories of personal data” include information on racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or health.
The “controller” is any person or body that collects, processes or uses personal data for itself or has it collected, processed or used by others on its behalf.
“Processing” means the action taken in relation to personal data. This may be in digital or paper form. This includes, for example, when working in the counselling centre, if personal data:
- is collected,
- can be saved,
- can be printed,
- can be forwarded,
- can be deleted.
“Pseudonymisation” means that the personal data can no longer be clearly assigned to a data subject without additional information (a kind of key). This additional information must be kept in accordance with data protection requirements.
“Anonymisation” means that personal data is stored in a data file.
V. Name and address of the person responsible
The responsible person in terms of the basic data protection regulation and other national data protection laws of the member states and other data protection regulations is:
Managing Director: Özer Aydemir
Phone: +49 341 219 194 47
VI. Name and contact details of the data protection officers
The GDPR stipulates that under certain conditions a company data protection officer must be appointed. The conditions are specified in Art. 37 GDPR. Every company must appoint a data protection officer if it carries out activities that are subject to special control.
An employee with the necessary expertise or an external data protection officer may be appointed. The company data protection officer of IoTWare is:
Phone: +49 341 219 194 47
The Data Protection Officer carries out the awareness raising of the employees or is responsible for the organisation and:
- has expertise in the field of data protection law and procedures,
- monitors compliance with the provisions of the GDPR,
- supports the management,
- works towards the implementation of data protection requirements,
- is the contact person for questions in the area, for employees and those seeking advice and
- should review the data protection concept at least once a year and adapt it if necessary.
VII. General information on data processing
Area of processing of personal data
As a matter of principle, we collect and use personal data of our users only to the extent necessary to provide a functional website and our contents and services. The collection and use of personal data of our users is regularly only carried out with the consent of the user.
Legal basis for the processing of personal data
If we obtain the consent of the data subject for the processing of personal data, Article 6 (1) lita of the EU Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data which is necessary for the performance of a contract to which the data subject is a party, Art.6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations necessary for the performance of pre-contractual measures.
If the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Article 6 (1) lit. f GDPR serves as the legal basis for the processing.
Data erasure and storage period
The personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage is no longer applicable. Furthermore, data may be stored if this has been provided for by the European or national legislator in Union regulations, laws or other regulations to which the person responsible is subject. Data is also blocked or deleted when a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the purpose of concluding or fulfilling a contract.
VIII. Obligation to data secrecy
There is a binding instruction, according to which every employee who handles personal data is obliged in writing to observe data secrecy (according to § 5 BDSG) and to comply with this guideline when starting work.
IX. List of procedures
IoTWare has a procedure directory.
The procedural directory is an excellent means of creating transparency within the company but also towards those affected.
After the introduction of appropriate processes, the company data protection officer can assess very well whether planned procedures pose particular risks to the rights and freedoms of data subjects and are therefore subject to prior checking.
X. Hardware and software regulations
Procurement and handling
The procurement of working tools and software is carried out by the company. Employees are advised of the careful use of such equipment and undertake to do so in writing. When an employee leaves the company, the equipment is returned to the company and the stored data is deleted.
The mobile devices provided by the company can be used privately. Professional data is secured by the company’s own mobile device management MobiVisor.
If a device is lost, the data stored on it is immediately deleted by MobiVisor (MDM). The affected device is reset. In the event of a data failure, the reporting obligation (see X.3) is fulfilled.
The password files must be protected against unauthorized access.
The software is to be designed within the framework of the technical state of the art in such a way that the following is checked and ensured:
- The passwords are composed of a combination of upper and lower case letters, numbers and special characters.
- The passwords are composed of a minimum length of 8 digits.
- Passwords that are easy to guess or that are in a context are not assigned.
- The passwords are not legible on the screen during input.
- The user account must be blocked after 5 incorrect password entries.
- User accounts that have not been activated for more than 90 days are to be blocked.
- After 180 days at the latest, a change of passwords must be carried out.
- According to the state of the art, the passwords are to be stored in one-way encrypted form only.
- The passwords are only to be transmitted encrypted in the network.
Procedure in case of data failure
According to the basic data protection regulation (according to Art. 33, 34 DSGVO), data protection violations must be reported in certain cases.
The violation of the protection of personal data is reported to the competent data protection authority within 72 hours if the violation poses a risk to the rights and freedoms of a data subject.
Notification shall be made without delay to the data subject if a high risk to the rights and freedoms of data subjects is to be expected.
XI. Provision of the website and creation of log files
Description and scope of data processing
Whenever you visit our website, our system automatically collects data and information from the computer system of the calling computer. The following data is collected:
Information about the browser type and the used Version
- The user’s operating system
- The Internet service provider of the user
- The IP address of the user
- Date and time of access
- Websites from which the user’s system accesses our website
- Websites that are called up by the user’s system via our website
- The data is also stored in the log files of our system. Not affected by this are the IP addresses of the user or other data that allow the data to be assigned to a user. This data is not stored together with other personal data of the user.
Legal basis for data processing
The legal basis for the temporary storage of data is Art. 6 para. 1 lit. f GDPR.
Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
These purposes also include our legitimate interest in data processing in accordance with Art. 6 Para. 1 lit. f GDPR.
Duration of storage
The data will be deleted as soon as they are no longer necessary for the purpose of their collection. In the case of the collection of data for the provision of the website, this is the case when the respective session is ended.
Possibility of objection and removal
The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. There is therefore no possibility of objection on the part of the user.
XII. Contact form and e-mail contact
Description and scope of data processing
There is a contact form on our website which can be used for an electronic contact. If a user takes advantage of this possibility, the data entered in the input mask is transmitted to us and stored.
At the time the message is sent, the user’s IP address and the date and time of registration are also stored. For the processing of the data, your consent will be obtained during the sending process and reference will be made to this data protection declaration.
Alternatively, it is possible to contact us via the provided e-mail address. In this case, the user’s personal data transmitted with the e-mail will be stored.
In this context, the data will not be passed on to third parties. The data will be used exclusively for processing the conversation.
Legal basis for data processing
The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.
The legal basis for the processing of data transmitted in the course of a contact is Art. 6 para. 1 lit. f DSGVO. If the purpose of the contact is to conclude a contract, the additional legal basis for processing is Art. 6 para. 1 lit. b DPA.
Purpose of data processing
The processing of the personal data from the input mask serves us only for the processing of the establishment of contact. In the case of contacting us by e-mail, this is also the necessary legitimate interest in the processing of the data.
The other personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.
Duration of storage
The data will be deleted as soon as they are no longer necessary for the purpose of their collection. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be concluded from the circumstances that the matter in question has been finally clarified.
The personal data additionally collected during the sending process will be deleted after a period of seven days at the latest.
Possibility of objection and removal
The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case the conversation cannot be continued.
All personal data stored in the course of the contact will be deleted in this case.
XIII. Rights of the person concerned
If personal data is processed by you, you are a data subject within the meaning of the DSGVO and you are entitled to the following rights in relation to the person responsible:
Right of access to information
You can request confirmation from the person responsible as to whether personal data concerning you is being processed by us.
If such processing has taken place, you can request information from the data controller on the following:
(1) the purposes for which the personal data is processed
(2) the categories of personal data which are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration of storage of the personal data relating to you or, if it is not possible to give specific details, criteria for determining the duration of storage;
(5) the existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information on the origin of the data, if the personal data are not collected from the data subject
(8) the existence of automated decision-making, including profiling, in accordance with Art. 22 parag. 1 and 4 GDPR and – at least in these cases – meaningful information on the logic involved and the scope and intended consequences of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
Right of rectification
You have the right to obtain from the data controller the rectification and/or integration of any personal data processed concerning you if it is incorrect or incomplete. The data controller shall make the correction without delay.
Right to limit processing
Under the following conditions, you may request that the processing of personal data concerning you be restricted:
(1) if you dispute the accuracy of the personal data concerning you for a period which enables the controller to verify the accuracy of the personal data
(2) the processing is unlawful and you object to the deletion of the personal data and instead request the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need them in order to assert, exercise or defend legal claims; or
(4) if you have lodged an objection to the processing pursuant to Art. 21 (1) GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.
If the processing of personal data relating to you has been restricted, such data – apart from being stored – may be processed only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.
If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
Right of deletion
Obligation to delete
You may request the controller to delete personal data concerning you without delay and the controller is obliged to delete such data without delay if one of the following reasons applies:
(1) the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed
(2) you revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing.
(3) You submit an objection to the processing pursuant to Art. 21 Para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you submit an objection to the processing pursuant to Art. 21 Para. 2 GDPR.
(4) The personal data concerning you has been processed unlawfully.
(5) The deletion of personal data concerning you is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data concerning you have been collected in relation to information society services offered, in accordance with Article 8(1) of the GDPR.
Information to third parties
If the controller has made public the personal data concerning you and is obliged to delete them in accordance with Art. 17 para. 1 GDPR, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to these personal data or copies or replications of these personal data.
The right of cancellation does not exist insofar as the processing is necessary
(1 ) on the exercise of the right to freedom of expression and information;
(2) to comply with a legal obligation requiring processing under Union or national law to which the controller is subject or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 DSGVO;
(4) for archival, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.
Right to information
If you have exercised the right to rectify, erase or limit the processing, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed of these recipients by the controller.
Right to data transferability
You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. You also have the right to have this data communicated to another person in charge without interference from the person in charge to whom the personal data has been made available, provided that
(1) the processing is based on a consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
(2) the processing is carried out by means of automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, in so far as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data transferability shall not apply to processing of personal data which is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Right of objection
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 paragraph 1 letter e or f of the GDPR; this also applies to profiling based on these provisions.
The controller no longer processes the personal data concerning you, unless he can demonstrate compelling reasons for processing which are worthy of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.
Where personal data relating to you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data relating to you for the purpose of such marketing, including profiling, insofar as it relates to such direct marketing.
If you object to processing for the purposes of direct marketing, the personal data concerning you will no longer be processed for those purposes.
You have the possibility to exercise your right of objection in relation to the use of information society services, without prejudice to Directive 2002/58/EC, by means of automated procedures using technical specifications.
Right to revoke the declaration of consent under data protection law
You have the right to revoke your data protection declaration of consent at any time. Revocation of your consent does not affect the legality of the processing that has taken place on the basis of your consent until revocation.
Automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which has legal effect on you or which significantly affects you in a similar way. This shall not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the person responsible
(2) is authorised by Union or national legislation to which the person responsible is subject and that legislation provides for appropriate measures to safeguard your rights and freedoms and your legitimate interests; or
(3) with your express consent.
However, these decisions may not be based on special categories of personal data in accordance with Art. 9 Para. 1 GDPR, unless Art. 9 Para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of a person from the controller, to express his or her point of view and to contest the decision.
Right to appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State in which you are domiciled, your place of work or the place where the alleged infringement occurred, if you consider that the processing of personal data relating to you is in breach of the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainer of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.
Peterssteinweg 14 04107 Leipzig Germany
Telephone: +49 (0) 176 150 060 80
Authorized Managing Director: Özer Aydemir
Register court: District court Leipzig
Registration number: HRB 33576
Sales tax identification number according to § 27a sales tax law: DE311875635
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