1. Introduction

In the following, we provide information about the processing of personal data when using

our website https://softwaregini.com/
our social media profiles.

Personal data is all data that can be related to a specific natural person, such as their name or IP address.

1.1. contact details

The controller in accordance with Article 4 (7) of the EU General Data Protection Regulation (GDPR) is Softwaregini GmbH, Bleichenbrücke 9, 20354 Hamburg, Germany, e-mail: hallo@softwaregini.com. We are legally represented by David Mente, Johannes Bock and Michael Stedler.

Our data protection officer is via HeyData GmbH, Schützenstraße 5, 10117 Berlin, www.heydata.eu, email: datenschutz@heydata.eu available.

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1.2. Scope of data processing, processing purposes and legal bases

The scope of data processing, processing purposes and legal bases is set out in detail below. In principle, the following can be considered as the legal basis for data processing:

Article 6 (1) (a) GDPR serves us as the legal basis for processing operations for which we obtain consent.
Art. 6 (1) (b) GDPR is the legal basis insofar as the processing of personal data is necessary to fulfill a contract, e.g. when a site visitor purchases a product from us or we perform a service for him. This legal basis also applies to processing that is necessary for pre-contractual measures, such as inquiries about our products or services.
Art. 6 (1) (c) GDPR applies if we fulfill a legal obligation by processing personal data, as may be the case, for example, in tax law.
Article 6 (1) (f) GDPR serves as the legal basis if we can rely on legitimate interests to process personal data, e.g. for cookies that are necessary for the technical operation of our website.

1.3. Data processing outside the EEA

Insofar as we transfer data to service providers or other third parties outside the EEA, adequacy decisions by the EU Commission in accordance with Art. 45 (3) GDPR guarantee the security of data when transferred, insofar as it exists, as is the case for Great Britain, Canada and Israel, for example.

When transferring data to service providers in the USA, the legal basis for the transfer of data is an adequacy decision by the EU Commission if the service provider has also certified itself under the EU US Data Privacy Framework.

In other cases (e.g. if there is no adequacy decision), the legal basis for the transfer of data is usually standard contractual clauses, i.e. unless we provide otherwise. These are rules adopted by the EU Commission and are part of the contract with the respective third party. In accordance with Article 46 (2) (b) GDPR, they guarantee the security of data transfer. Many of the providers have provided contractual guarantees that go beyond the standard contractual clauses, which protect the data beyond the standard contractual clauses. These include, for example, guarantees with regard to the encryption of data or with regard to an obligation on the part of a third party to notify data subjects when law enforcement agencies want to access data.

1.4. Storage period

Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its purpose and the deletion does not conflict with any legal storage requirements. If the data is not deleted because it is necessary for other and legally permissible purposes, its processing will be restricted, i.e. the data will be blocked and not processed for other purposes. This applies, for example, to data that we must store for commercial or tax reasons.

1.5. Rights of those affected

Data subjects have the following rights vis-à-vis us with regard to personal data concerning them:

right to information,
right to correction or deletion,
right to restrict processing,
Right to object to processing,
right to data portability,
Right to withdraw consent at any time.

Data subjects also have the right to complain to a data protection supervisory authority about the processing of their personal data. Contact details of data protection supervisory authorities are available at https://www.bfdi.bund.de/DE/Service/Anschriften/Laender/Laender-node.html.

1.6. Obligation to provide data

As part of a business relationship or other relationship, customers, interested parties or third parties must only provide us with the personal data that is necessary to establish, carry out and end the business relationship or for the other relationship or which we are legally obliged to collect. Without this data, we will usually have to refuse to conclude a contract or provide a service or will no longer be able to carry out an existing contract or other relationship.

Mandatory information is marked as such.

1.7. No automatic decision-making in individual cases

In principle, we do not use fully automated decision-making in accordance with Article 22 GDPR to establish and carry out a business relationship or other relationship. Should we use these procedures in individual cases, we will inform you of this separately, provided this is required by law.

1.8. contacting

When you contact us, e.g. by e-mail or telephone, the data provided to us (e.g. names and e-mail addresses) is stored by us in order to answer questions. The legal basis for processing is our legitimate interest (Art. 6 (1) (f) GDPR) to answer inquiries addressed to us. We delete the data arising in this context after storage is no longer necessary, or restrict processing if there are legal storage obligations.

1.9. customer surveys

From time to time, we conduct customer surveys to get to know our customers and their needs better. In doing so, we collect the data requested in each case. It is our legitimate interest to get to know our customers and their wishes better, so that the legal basis for the associated data processing is Art. 6 (1) (f) GDPR. We delete the data when the results of the surveys have been evaluated.

2. Newsletter

Interested parties have the option of subscribing to a free newsletter. We process the data provided when registering exclusively for sending the newsletter. Registration is made by selecting the appropriate field on our website, by ticking the corresponding box in a paper document or by taking another clear action, by which interested parties give their consent to the processing of their data, so that the legal basis is Art. 6 (1) (a) GDPR. The consent can be withdrawn at any time, e.g. by clicking on the corresponding link in the newsletter or sending a message to our e-mail address provided above. The processing of data until revocation remains lawful even in the event of a revocation.

Based on the consent of recipients (Art. 6 (1) (a) GDPR), we also measure the opening and click rate of our newsletters in order to understand which content is relevant to our recipients.

We send newsletters using the Brevo tool from the provider Sendinblue GmbH, Köpenicker Str. 126, 10179 Berlin (privacy policy: https://de.sendinblue.com/legal/privacypolicy/). The provider processes content, usage, meta/communication data and contact data in the EU.

We send newsletters using the SendGrid tool from Twilio, Inc., 375 Beale Street, Suite 300, San Francisco, CA 94105, USA (privacy policy: https://www.twilio.com/legal/privacy). The provider processes content, usage, meta/communication data and contact data in the USA.

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3. Data processing on our website

3.1. Note for website visitors from Germany

Our website stores information in the terminal equipment of website visitors (e.g. cookies) or accesses information that is already stored in the terminal device (e.g. IP addresses). The details of this information are set out in the following sections.

This storage and access is based on the following provisions:

Insofar as this storage or access is absolutely necessary so that we provide the service of our website expressly requested by website visitors (e.g. to carry out a chatbot used by the website visitor or to ensure the IT security of our website), it is carried out on the basis of Section 25 (2) No. 2 TTDSG.
Otherwise, this storage or access is based on the consent of website visitors (Section 25 (1) TTDSG).

Downstream data processing is carried out in accordance with the following sections and on the basis of the provisions of the GDPR.

3.2. Informational use of the website

When using the website for informational purposes, i.e. when site visitors do not provide us with separate information, we collect the personal data that the browser transmits to our server to ensure the stability and security of our website. This is our legitimate interest, so that the legal basis is Art. 6 (1) (f) GDPR.

This data is:

IP address
Date and time of request
Time zone difference to Greenwich Mean Time (GMT)
Content of the request (specific page)
Access status/HTTP status code
Each amount of data transferred
Website from which the request comes
browsers
operating system and its interface
language and version of the browser software.

This data is also stored in log files. They are deleted when they are no longer required to be stored, at the latest after 14 days.

3.3. Web hosting and website delivery

Our website hosts Amazon AWS. The provider is Amazon Web Services EMEA Sàrl, Avenue John F. Kennedy 38, 1855 Luxembourg, Luxembourg. The provider processes the personal data transmitted via the website, e.g. content, usage, meta/communication data or contact data, in the EU. Further information can be found in the provider's privacy policy at https://aws.amazon.com/de/privacy/?nc1=f_pr.

It is our legitimate interest to provide a website, so that the legal basis for the described data processing is Art. 6 (1) (f) GDPR.

3.4. job advertisements

We publish jobs that are vacant in our company on our website, on pages connected to the website, or on third-party websites.
The data provided as part of the application process is processed to carry out the application process. Insofar as these are necessary for our decision to establish an employment relationship, the legal basis is Article 88 (1) GDPR in conjunction with Section 26 (1) BDSG. We have marked the data required to carry out the application process accordingly or refer to them. If applicants do not provide this information, we will not be able to process the application.
Further data is voluntary and not required for an application. If applicants provide further information, the basis is their consent (Art. 6 (1) (a) GDPR).

We ask applicants to refrain from including political opinions, religious beliefs and similarly sensitive data in their curriculum vitae and cover letter. They are not required to apply. If applicants nevertheless provide appropriate information, we cannot prevent their processing as part of processing the resume or cover letter. Your processing is then also based on the consent of the applicants (Art. 9 para. 2 lit. a GDPR).

Finally, we process applicants' data for further application processes if they have given us their consent to do so. In this case, the legal basis is Art. 6 (1) (a) GDPR.

We pass on the applicants' data to the responsible personnel department, to our contract processors in the area of recruiting and to the other employees involved in the application process.

If we enter into an employment relationship with the applicant following the application process, we will only delete the data after the employment relationship has ended. Otherwise, we will delete the data no later than six months after an applicant has been rejected.

If applicants have given us their consent to also use their data for further application processes, we will only delete their data one year after receipt of the application.

3.5. Booking appointments

Site visitors can book appointments with us on our website. For this purpose, we process meta or communication data in addition to the data entered. We have a legitimate interest in offering interested parties a user-friendly way to arrange appointments. The legal basis for data processing is therefore Art. 6 (1) (f) GDPR. Insofar as we use a third-party tool for the agreement, the information about this can be found under “Third Party Provider.”

3.6. Single sign-on process

Site visitors can log on to our website using a single sign-on process. In doing so, they use the login details that have already been created for another provider. The prerequisite is that the site visitor is already registered with the respective provider. When a site visitor logs in using the single sign-on process, we receive information from the provider that the site visitor is logged in to the provider and the provider receives the information that the site visitor is using the single sign-on procedure on our website. Depending on the settings of the site visitor in their account on the provider's website, the provider may provide us with additional information. The legal basis of this agreement is the consent of the site visitor who logs in with their account with us (Art. 6 (1) (a) GDPR). We offer the SAML protocol as a single sign-on process.

3.7. Payment service provider

To process payments, we use payment processors who are themselves responsible for data protection within the meaning of Art. 4 No. 7 GDPR. Insofar as they receive data and payment data entered by us during the ordering process, we thus fulfill the contract concluded with our customers (Art. 6 (1) (b) GDPR).

These payment service providers are:

Stripe Payments Europe, Ltd., Ireland

3.8. Technically necessary cookies

Our website uses cookies. Cookies are small text files that are stored in a web browser on a site visitor's device. Cookies help to make the website more user-friendly, effective and secure. Insofar as these cookies are necessary for the operation of our website or its functions (hereinafter “technically necessary cookies”), the legal basis for the associated data processing is Art. 6 (1) (f) GDPR. We have a legitimate interest in providing customers and other site visitors with a functional website.
Specifically, we use technically necessary cookies for the following purpose or purposes:

cookies that accept language settings,
cookies that remember search terms and
Cookies that store login data.

3.9. third party

3.9.1. Tiledesk

We use Tiledesk as a live chat. The provider is Tiledesk SRL, Fratelli Bandiera, Soleto 73010, Lecce, Italy. The provider processes usage data (e.g. websites visited, interest in content, access times), content data (e.g. entries in online forms) and meta/communication data (e.g. device information, IP addresses) in the EU.

The legal basis for processing is Art. 6 (1) (a) GDPR. Processing is based on consent. Data subjects can withdraw their consent at any time, for example by contacting us using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of processing up to the revocation.

The data will be deleted when the purpose of its collection no longer applies and there is no obligation to store it. Further information is available in the provider's privacy policy at https://tiledesk.com/de/privacy.html.

3.9.2. Pipedrive

We use Pipedrive for lead management. The provider is Pipedrive OÜ, Mustamäe tee 3a, 10615 Tallinn, Estonia. The provider processes contact data (e.g. email addresses, telephone numbers), meta/communication data (e.g. device information, IP addresses) and master data (e.g. names, addresses) in the EU.

The legal basis for processing is Art. 6 (1) (f) GDPR. We have a legitimate interest in managing lead data for direct marketing purposes.

We delete the data when the purpose of its collection has ceased to apply. Further information is available in the provider's privacy policy at https://www.pipedrive.com/en/privacy.

3.9.3. Google web fonts

We use Google web fonts for fonts on the website. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. However, processing only takes place on our servers. The provider processes meta/communication data (e.g. device information, IP addresses) in the EU.

The legal basis for processing is Art. 6 (1) (f) GDPR. We have a legitimate interest in using an easy-to-use and cost-effective font on our website.

Further information is available in the provider's privacy policy at https://policies.google.com/privacy?hl=de.

3.9.4. Hotjar

We use Hotjar for analysis. The provider is Hotjar Ltd., Dragonara Business Centre, 5th Floor, Dragonara Road, Paceville St Julian's, STJ 3141, Malta. The provider processes usage data (e.g. websites visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in the EU.

3.9.5. Intercom

We use Intercom to communicate with users. The provider is R&D Unlimited Company 2nd Floor, Stephen Court, 18-21 St. Stephen's Green, Dublin 2, Ireland. The provider processes usage data (e.g. websites visited, interest in content, access times), contact data (e.g. email addresses, telephone numbers) and meta/communication data (e.g. device information, IP addresses) in the EU.

The legal basis for processing is Art. 6 (1) (f) GDPR. We have a legitimate interest in optimizing interaction with our website visitors.

We delete the data when the purpose of its collection has ceased to apply. Further information is available in the provider's privacy policy at https://www.intercom.com/legal/privacy.

3.9.6. Calendly

We use Calendly to schedule appointments. The provider is Calendly LLC, BB&T Tower, 271 17th St NW, Atlanta, GA 30363, USA. The provider processes usage data (e.g. websites visited, interest in content, access times), contact data (e.g. email addresses, telephone numbers) and master data (e.g. names, addresses) in the USA.

The legal basis for the transfer to a country outside the EEA is standard contractual clauses. The security of data transferred to the third country (i.e. a country outside the EEA) is guaranteed by standard data protection clauses adopted in accordance with the audit procedure in accordance with Article 93 (2) GDPR (Article 46 (2) lit. c GDPR), which we have agreed with the provider.

We delete the data when the purpose of its collection has ceased to apply. Further information is available in the provider's privacy policy at https://calendly.com/pages/privacy.

3.9.7. Google Analytics

We use Google Analytics for analysis. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Dublin, Ireland. The provider processes usage data (e.g. websites visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in the USA.

3.9.8. Google Tag Manager

We use Google Tag Manager for analysis and advertising. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. The provider processes usage data (e.g. websites visited, interest in content, access times) in the USA.

We delete the data when the purpose of its collection has ceased to apply. Further information is available in the provider's privacy policy at https://policies.google.com/privacy?hl=de.

4. Data processing on social media platforms

We are represented on social media networks to present our organization and services. The operators of these networks regularly process their users' data for advertising purposes. Among other things, they create user profiles from their online behavior, which are used, for example, to show advertising on network sites and elsewhere on the Internet that meets the interests of users. For this purpose, network operators store information on usage behavior in cookies on the user's computer. In addition, it cannot be ruled out that operators may combine this information with other data. Users can obtain further information and advice on how users can object to processing by the site operators in the data protection declarations of the respective operators listed below. It may also be that the operators or their servers are located in non-EU countries so that they process data there. This can result in risks for users, for example because it is difficult to enforce their rights or because government agencies gain access to the data.

When users of the networks contact us via our profiles, we process the data provided to us in order to answer the inquiries. This is our legitimate interest, so that the legal basis is Article 6 (1) (f) GDPR.

4.1. youtube

We maintain a profile on YouTube. The operator is Google Ireland Limited Gordon House, Barrow Street Dublin 4. Ireland. The privacy policy is available here: https://policies.google.com/privacy?hl=de.

4.2. linkedin

We maintain a profile on LinkedIn. The operator is LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland. The privacy policy is available here: https://https://www.linkedin.com/legal/privacy-policy?_l=de_DE. One way to object to data processing is via the settings for advertisements: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

4.3. xing

We maintain a profile on Xing. The operator is New Work SE, Dammtorstraße 29-32, 20354 Hamburg. The privacy policy is available here: https://privacy.xing.com/de/datenschutzerklaerung.

5. Changes to this privacy statement

We reserve the right to change this privacy policy with effect for the future. A current version is always available here.

6. Questions and comments

If you have any questions or comments regarding this privacy policy, please use the contact details provided above.

Privacy statement