Privacy Policy

 

Dated May 23, 2019

1. Name and Address of the Controller

The controller in the sense of the General Data Protection Regulation, other national data protection legislation of Member States and any other legal data protection provisions is:
text&form GmbH
Neue Grünstraße 25
10179 Berlin
Germany
Tel.: +49 30 45502-0
E-mail: datenschutz@textform.com,
Website: www.textform.com Represented by managing directors: Thomas Ossowski, Thomas Senf

2. Data Protection Officer

The data protection officer appointed by the controllers, Ms. Patricia Kühnel, can be reached at: E-mail: datenschutz@textform.com

3. General Information about Data Processing

3.1 Scope of Processing of Personal Data

As a basic principle, we process the personal data of our users only to the extent necessary to provide a functioning website and to provide our content and services. The personal data of our users is generally processed only once the user has granted his or her consent. An exception applies in cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by statutory provisions.

3.2 Legal Basis for the Processing of Personal Data

Insofar as we obtain the consent of the data subject to process their personal data, point (a) of Article 6(1) of the EU General Data Protection Regulation (GDPR) shall serve as the legal basis. Point (b) of Article 6(1) GDPR shall serve as the legal basis for the processing of personal data that is necessary for the performance of a contract to which the data subject is party. This shall also apply to processing operations that are required for the performance of pre-contractual measures. If the processing of personal data is necessary for compliance with a legal obligation to which our company is subject, point (c) of Article 6(1) GDPR shall serve as the legal basis. In the event that the vital interests of the data subject or another natural person necessitate the processing of personal data, point (d) of Article 6(1) GDPR shall serve as the legal basis. Where processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests or fundamental rights and freedoms of the data subject do not override the first mentioned interest, point (f) of Article 6(1) GDPR shall serve as the legal basis for processing.

3.2 Deletion of Data and Duration of Storage

The personal data of the data subject shall be deleted or locked as soon as the purpose of storage no longer applies. The personal data may also be stored if the European or national legislator has provided for this in EU regulations, laws or other provisions to which the controller is subject. The data shall also be locked or deleted when a storage period prescribed by the aforementioned standards expires, unless it is necessary to continue storing the data for the conclusion or performance of a contract.

4. Provision of the Website and Creation of Log Files

Description and scope of data processing During each visit to our website, our system automatically collects data and information from the computer system of the calling computer. The following data is collected in such cases:

  • Information about the browser type and the version used
  • The operating system of the user
  • The internet service provider of the user
  • The IP address of the user
  • The date and time of access
  • Websites from which the user’s system accesses our website
  • Websites accessed by the user’s system through our website

The data is also stored in the log files of our system. This data is not stored together with other personal data relating to the user.

4.1 Legal Basis for Data Processing

The legal basis for the temporary storage of the data and log files is point (f) of Article 6(1) GDPR.

4.2 Purpose of Data Processing

The IP address must be stored by the system so that the website can be delivered to the user’s computer. For this purpose, the IP address of the user must remain stored for the duration of the session. The data is stored in log files in order to ensure the functionality of the website. The data is also used to optimize the website and to ensure that our information technology systems are secure. The data is not evaluated for marketing purposes in this context. These purposes also include our legitimate interest in data processing pursuant to point (f) of Article 6(1) GDPR.

4.3 Duration of Storage

The data shall be erased as soon as it is no longer required to achieve the purpose for which it is collected. If the data is collected to deliver the website, it is erased when the session in question is terminated. If the data is stored in log files, it is erased after one month at the latest. The data cannot be stored for periods longer than this. In such a case, the IP addresses of the users are erased or anonymized so that they can no longer be assigned to the calling client.

4.4 Possibility of Objection and Erasure

The collection of data for the provision of the website and the storage of data in log files are necessary for the operation of the website. As a result, it is not possible for the user to object to its collection and storage.

5. Use of Cookies

5.1 Description and Scope of Data Processing

Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user’s computer system. When a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a string of characters that enables the browser to be uniquely identified when the website is called up again. We use cookies to make our website more user-friendly. Some elements of our website require for the calling browser to be identified even after switching to a different site. The following data is stored and transmitted in the cookies:

  • Language settings
  • Session ID

We also use cookies on our website that enable us to analyze the browsing habits of our users. The following data may be transmitted in this way:

  • Entered keywords
  • Frequency of page visits
  • Use of website functions
  • Anonymized IP (see https://support.google.com/analytics/answer/2763052?hl=en)
  • Registrar of the anonymized IP range

Technical precautions are taken to anonymize the user data that is collected in this way. It is then no longer possible to assign the data to the calling user. The data is not stored together with other personal data pertaining to users. When calling up our website, we inform the user about the use of cookies for analysis purposes and obtain his or her consent to the processing of the personal data used in this context. We also refer to this data protection declaration.

5.2 Legal Basis for Data Processing

The legal basis for the processing of personal data using technically required cookies is point (f) of Article 6(1) GDPR. The legal basis for the processing of personal data using cookies for analysis purposes is point (a) of Article 6(1) of GDPR if the user has given his or her consent in this regard.

5.3 Purpose of Data Processing

The purpose of using technically required cookies is to simplify the use of the websites for users. Some functions on our website cannot be provided without the use of cookies. To use these functions, it must be possible to recognize the browser again be after changing pages. We require cookies for the following applications:

  • Applying language settings
  • Remembering search terms
  • Remembering media player settings

The user data collected by technically required cookies is not used to create user profiles. The analysis cookies are used to improve the quality of our website and its content. We use the analysis cookies to learn how the website is used and thus to continuously optimize our website and portfolio of services. These purposes also include our legitimate interest in the processing of personal data pursuant to point (f) of Article 6(1) GDPR.

5.4 Duration of Storage, Possibility of Objection and Removal

Cookies are stored on the computer of the user and transmitted to our site from there. You as the user therefore also have full control over the use of cookies. You can disable or restrict the transmission of cookies by changing the settings in your internet browser. Cookies that are already stored on your computer can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, it may no longer be possible to use all the functions of the website to their full extent.

6. Newsletter

6.1 Description and Scope of Data Processing

You can subscribe to a free newsletter on our website. When you register for the newsletter, the following data from the input screen is transmitted to us:

  • Gender
  • Last name
  • E-mail address

In addition, the following data is collected during registration:

  • IP address of the calling computer
  • Date and time of registration

As part of the registration process, we obtain your consent to the processing of your data and refer you to this data protection declaration. In connection with data processing for the dispatch of newsletters, data is passed on to our newsletter service provider HubSpot Inc. The data is used exclusively for the dispatch of the newsletter.

6.2 Legal Basis for Data Processing

The legal basis for the processing of data after the user registers for the newsletter is point (a) of Article 6(1) GDPR if the user has given his or her consent.

6.3 Purpose of Data Processing

The user’s e-mail address is collected in order to deliver the newsletter. Other personal data is collected as part of the registration process to prevent the misuse of the services or of the e-mail address used.

6.4 Duration of Storage

The data shall be erased as soon as it is no longer required to achieve the purpose for which it is collected. The user’s e-mail address is therefore stored as long as the newsletter subscription is active. The other personal data collected as part of the registration process is usually deleted after a period of 30 days.

6.5 Possibility of Objection and Deletion

The newsletter subscription can be canceled by the user in question at any time. A link for this purpose is included in each newsletter. This also allows the user to revoke his or her consent to the storage of the personal data collected during the registration process.

7. Whitepapers/Case Studies

7.1 Description and Scope of Data Processing

You can download whitepapers, case studies and other documents related to our services and industry best practices from our website. The following data from the input mask is transmitted to us before the download:

  • First name
  • Last name
  • Company name
  • Occupation
  • E-mail address

In addition, the following data is collected during registration:

  • IP address of the calling computer
  • IP address registrar
  • Date and time of registration
  • Website from which you came to our website
  • Web browser
  • Operating system
  • Browser language and version

As part of the registration process, we obtain your consent to the processing of your data and refer you to this data protection declaration. In connection with data processing for the dispatch of whitepapers and case studies, the data is passed on to our service provider HubSpot Inc. You can find more detailed information about HubSpot Inc in its data privacy policy here. In this case, the data is used only to dispatch the whitepapers and case studies and, where applicable, to contact you at a later date with e-mail campaigns related to similar topics.

7.2 Legal Basis for Data Processing

The legal basis for the processing of data after the user registers for the newsletter is point (a) of Article 6(1) GDPR if the user has given his or her consent.

7.3 Purpose of Data Processing

The data in the input mask, the e-mail address of the user in particular, is used to supply the whitepapers and case studies and, if necessary, to contact the user at a later date with e-mail campaigns related to similar topics. Other data is collected as part of the registration process to prevent the misuse of the services or of the e-mail address used.

7.4 Duration of Storage

The data shall be erased as soon as it is no longer required to achieve the purpose for which it is collected. The e-mail address of the user is therefore stored as long as a contact exists or until the person objects to its storage.

7.5 Possibility of Objection and Deletion

The affected user can request the erasure of the aforementioned personal data at any time. An informal notification is sufficient for this purpose. You can do so by contacting us by telephone on +49 30 45502-0, by e-mail at marketing@textform.com or by post. This also allows the user to revoke his or her consent to the storage of the personal data collected during the registration process.

8. Contact Form and E-mail Contact

8.1 Description and Scope of Data Processing

A contact form that can be used for electronic contact is provided on our website. If a user utilizes this option, the data entered in the input mask is transmitted to us and stored. This data includes:

  • Company
  • First name
  • Last name (mandatory field)
  • Address
  • Postcode/city
  • E-mail (mandatory field)
  • Message (mandatory field)

The following data is also stored at the time that the message is sent:

  • The IP address of the user
  • Date and time of transmission

As part of the process for submitting your message, we obtain your consent to the processing of your data and refer you to this data protection declaration. You can also contact us using the e-mail address provided. The user’s personal data that is submitted with the e-mail is stored in this case. We use the data that you provide in our customer and prospect management process to initiate and process our contractual relationships with you using the marketing tools HubSpot (for more information about the Hubspot privacy policy, please visit https://legal.hubspot.com/privacy-policy) and Vtiger (for more information about the Vtiger privacy policy, please visit http://www.vt-help.de/privacy-policy/). In this context, third parties may gain knowledge of the data.

8.2 Legal Basis for Data Processing

The legal basis for the processing of data is point (a) of Article 6(1) GDPR if the user has given his or her consent. The legal basis for the processing of data transmitted while sending an e-mail is point (f) of Article 6(1) GDPR. If the purpose of the e-mail contact is to conclude a contract, the additional legal basis for processing is point (b) of Article 6(1) GDPR.

8.3 Purpose of Data Processing

We process the personal data from the input mask solely to process any contact made for services within the scope of our service portfolio. Contact by e-mail also constitutes our necessary legitimate interest in the processing of the data. The other personal data processed while sending the e-mail serves to prevent misuse of the contact form and to ensure the security of our information technology systems.

8.4 Duration of Storage

All the data will be erased as soon as it is no longer required to achieve the purpose for which it is collected. Personal data from the input mask in the contact form and any personal data sent by e-mail will be erased once the applicable conversation related to the desired or executed contract with the user has ended. The conversation ends when a final clarification of the facts can be inferred from the circumstances, the contractual relationship is terminated and no follow-up orders are to be expected.

8.5 Possibility of Objection and Deletion

The user has the option of revoking his or her consent to the processing of personal data at any time. The user can object to the storage of his or her personal data at any time by contacting us by e-mail. In such a case, the conversation cannot be continued. Objections regarding consent to the storage of personal data can be made by telephone on +49 30 45502-0, by e-mail at marketing@textform.com or by post. In this case, all personal data stored in the course of establishing contact will be erased.

9. Web analytics through Google Analytics, HubSpot and Leadfeeder

9.1 Scope of Processing of Personal Data

On our website, we use the software tools Google Analytics and Hubspot to analyze the browsing habits of our users. Google Analytics software places cookies on the user’s computer (for information about cookies, see section V “Use of Cookies” above). The information generated by the cookie about your use of this website is usually transmitted to and stored on Google LLC. servers in the United States. When individual pages on our website are called, the following data is stored:

  • IP address of the user’s calling system
  • The website accessed
  • The website from which the user accessed the called website (referrer)
  • The subpages accessed from the accessed web page
  • The time spent on the website
  • The frequency of visits to the website

Only the first half of the IP address is transmitted in such cases. IP anonymization has been enabled on the website, which means that your IP address is truncated by Google within European Union member states or other states party to the European Economic Area Agreement prior to transmission. Only in exceptional cases is the full IP address transmitted to a Google server in the United States and truncated there. Google uses this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage for the website operator. Google does not combine the IP address transmitted by your browser as part of Google Analytics with other data. The pseudonymized data collected by Google Analytics is also evaluated by the marketing tool Leadfeeder. Additional personal data is not collected as part of this process. More information about Leedfeeder can be found in the privacy policy (Leadfeeder) on its website. We also use the marketing and CRM system Hubspot from the US provider Hubspot Inc. as an integrated software solution for our online marketing activities (legitimate interest pursuant to point (f) of Article 6(1) GDPR). These activities include e-mail marketing, newsletters and automated mailings, social media publishing, contact management, landing pages and contact forms. The aim of using Hubspot is to optimize our marketing activities and improve the quality of service on our website. When you access individual pages on our website and fill out online forms, Hubspot collects and stores the following data for web analysis purposes:

  • The full IP address of the calling system of the user and the location information based on the IP address
  • Domain names
  • The internet service provider (ISP) of the user
  • The files called up on our website, such as HTML pages or graphics
  • The access times
  • Referring web addresses
  • The browser type and version
  • The operating system type and version

This data is automatically linked to any personal data that is already stored in Hubspot (e-mail address, address, telephone number). The Hubspot marketing tool uses browser cookies when visitors access our website. If a tracking cookie has not been added yet and you consent to doing so, it creates cookies for logging all the pages visited. If you reject these cookies, a single cookie that notes that you are not to be tracked is created instead. If you have already agreed to tracking by Hubspot but no longer wish to be tracked, you can disable tracking here:

Disabling Hubspot tracking.

If we no longer have a legitimate business interest in processing your personal data, we will securely erase or anonymize this data. If you request us to do so, we will erase this data from our servers at an earlier point in time. Hubspot, Inc. is certified under the EU-US Privacy Shield. You can object to the collection and storage of data at any time with effect for the future by storing an opt-out cookie on your end device to stop the tool functionality. More information about the cookies that HubSpot uses can be found here and here. Detailed information about HubSpot can be found at: https://legal.hubspot.com/privacy-policy.

9.2 Legal Basis for the Processing of Personal Data

The legal basis for the processing of users’ personal data is their consent pursuant to point (a) of Article 6(1) GDPR.

9.3 Purpose of Data Processing

The processing of users’ personal data enables us to analyze the browsing habits of our users. Evaluating the data collected enables us to compile information about the use of the individual components of our website. This helps us to constantly improve our website and increase its level of user friendliness. The consent to be given by the user means the user agrees to the purposes of the data processing. We also take the users’ interest in protecting their personal data into account through the additional anonymization of their IP address.

9.4 Possibility of Objection and Deletion

Cookies are stored on the computer of the user and transmitted to our site from there. You as the user therefore also have full control over the use of cookies. You can disable or restrict the transmission of cookies by changing the settings in your internet browser. Cookies that are already stored on your computer can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, it may no longer be possible to use all the functions of the website to their full extent. More information about HubSpot’s privacy settings can be found at https://legal.hubspot.com/privacy-policy. Detailed information about Google Analytics can be found at https://support.google.com/analytics/answer/6004245?hl=en. You can also prevent Google from collecting the data that is generated by the cookie related to your use of the website (including your IP address) and from processing this data. You can use the following opt-out link to disable tracking by Google Analytics for your browser: Disabling Google Analytics

10. Integrating External Social Networks such as Facebook, Twitter, LinkedIn, etc.

At some points, text&form uses “Recommend buttons,” “plugins” and “widgets” provided by the social networks Facebook, Twitter and LinkedIn. By default, text&form embeds deactivated buttons that do not establish contact with the servers of the corresponding social networks. Only when you activate these buttons and thus declare your consent to communicate with Facebook, Twitter or LinkedIn do the buttons become active and establish the connection. You can then submit your recommendation by clicking again. If you are already logged in to the social network of your choice, Facebook will transmit your data without opening another window. For Twitter and LinkedIn, a pop-up window appears in which you can edit the text of the tweet or the content of your recommendation. More information about the scope and purpose of integrating the data collected by the social networks with the text&form website can be found in their respective privacy policies (Facebook privacy policy, Twitter privacy policy and LinkedIn privacy policy).

11. Rights of the Data Subject

If your personal data is processed, you are the data subject as defined by the GDPR and you have the following rights vis-à-vis the controller:

11.1 Right of Access

You can request confirmation from the controller of whether personal data relating to you will be processed by us. In the event of such processing, you may request access to the following information from the controller:

  • The purposes for which the personal data is processed
  • The categories of personal data processed
  • The recipients or categories of recipients to whom the personal information relating to you has been or will be disclosed
  • The planned duration of storage of the personal data relating to you or, if it is not possible to provide specific information in this regard, the criteria for determining the duration of the storage
  • The existence of a right to rectify or delete personal data relating to you, a right to restrict processing by the controller or a right to object to such processing
  • The existence of a right to lodge a complaint with a supervisory authority
  • All the available information about the origin of the data, if the personal data is not collected from the person concerned
  • The existence of automated decision-making including profiling pursuant to Article 22(1) and (4) GDPR and – in these cases at least – meaningful information about the logic involved and the scope and intended effects of such processing for the person concerned

You have the right to request information about whether the personal data relating to you will be transferred to a third country or to an international organization. In this respect, you can request to be informed of the appropriate safeguards in relation to the transfer pursuant to Article 46 GDPR.

11.2 Right to Rectification

You have the right to obtain from the controller the rectification of inaccurate and/or incomplete personal data relating to you. The controller must rectify the data without undue delay.

11.3 Right to Restriction of Processing

Under the following conditions, you may request that the processing of your personal data be restricted:

  • If you dispute the accuracy of the personal data relating to you for a period of time that enables the controller to verify the accuracy of the personal data
  • If the processing is unlawful and you refuse the erasure of the personal data and instead request the restriction of the use of the personal data
  • If the controller no longer needs the personal data for the purposes of processing, but you need it to assert, exercise or defend legal claims
  • If you have lodged an objection against the processing pursuant to Article 21(1) GDPR and it has not yet been ascertained whether the legitimate grounds of the controller override your grounds

If the processing of personal data relating to you has been restricted, this data may be processed only – with the exception of its storage – with your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or for reasons of important public interest to the Union or a member state. If processing has been restricted based on the aforementioned conditions, you shall be informed by the controller before the restriction is lifted.

11.4 Right to Erasure

11.4.1 Erasure Obligation

You can request for the controller to erase the personal data relating to you immediately and the controller is obliged to erase this data immediately if one of the following reasons applies: The personal data relating to you is no longer necessary for the purposes for which it was collected or otherwise processed. You revoke your consent, on which the processing pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) GDPR was based, and there is no other legal basis for processing. You object to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing or you object to processing pursuant to Article 21(2) GDPR. The personal data relating to you has been processed unlawfully. The erasure of personal data relating to you is necessary to fulfill a legal obligation under Union law or the member state law to which the controller is subject. The personal data relating to you has been collected in relation to the offer of information society services pursuant to Article 8(1) GDPR.

11.4.2 Informing Third Parties

If the controller has made the personal data relating to you public and the controller is obliged to erase it pursuant to Article 17(1) GDPR, the controller shall take measures that are appropriate taking into account the available technology and the implementation costs, and including technical measures, to inform the persons responsible for data processing and who process the personal data that you, as the data subject, have requested the erasure of all links to this personal data or copies or replications of this personal data.

11.4.3 Exceptions

The right to erasure does not apply if the processing is necessary:

  • To exercise the right to freedom of expression and information
  • To fulfill a legal obligation required for processing under the law of the Union or of the member states to which the controller is subject, or to perform a task carried out in the public interest, or to exercise an official authority vested in the controller
  • For reasons of public interest in the field of public health pursuant to point (h) and (i) of Article 9(2) and Article 9(3) GDPR
  • For archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, insofar as the law referred to under section a) is likely to make impossible or seriously impair the attainment of the objectives of such processing
  • To assert, exercise or defend legal claims

11.5. Right of Information

If you have exercised your right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom your personal data has been disclosed of this rectification or erasure of data or restriction of processing, unless this proves impossible or unreasonably expensive. The controller shall be obliged to inform you of these recipients.

11.6 Right to Data Portability

You have the right to receive the personal data relating to you, which you have provided to a controller, in a structured, commonly used and machine-readable format. Furthermore, you have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, where:

  • The processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR and
  • The processing is carried out by automated means.

In exercising this right, you shall also have the right to have the personal data relating to you transmitted directly from one controller to another, where technically feasible. This right must not adversely affect the rights and freedoms of other persons. The right to data portability shall not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

11.7 Right to Object

You shall have the right to object, on grounds relating to your particular situation, at any time to processing of personal data relating to you that is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. The controller shall no longer process the personal data relating to you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims. Where personal data relating to you is processed for direct marketing purposes, you shall have the right to object at any time to processing of the personal data relating to you for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

11.8 Right to Withdraw Your Declaration of Consent under Data Protection Law

You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of the consent does not affect the lawfulness of processing carried out on the basis of the consent up to its withdrawal.

11.9 Automated Individual Decision-Making, Including Profiling

You shall have the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects relating to you or similarly significantly affects you. This shall not apply if the decision:

  • is necessary for the conclusion or performance of a contract between you and the controller;
  • is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests;
    or
  • is based on your explicit consent.

However, these decisions shall not be based on special categories of personal data referred to in Article 9(1) GDPR, unless point (a) or (g) of Article 9(2) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place. In the cases referred to in points (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, including at minimum the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

11.10 Right to Lodge a Complaint with a Supervisory Authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR. The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR.

12. Closing Remarks

The protection of your personal data is important to us. If you have any questions, comments and/or suggestions for improvement, please contact us at datenschutz@textform.com.

Your text&form team

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