Privacy Policy

4 July 2018

1. Name and Address of the Responsible Party

Responsible for the purposes of the General Data Protection Regulation and other national data protection laws of the Member States as well as other data protection provisions is:

text&form GmbH
Neue Grünstraße 25
10179 Berlin
Deutschland
Tel.: +49 30 45502-0
E-Mail: datenschutz@textform.com
Website: www.textform.com
Managing directors: Kim Harris, Holger Hoffmann, Thomas Ossowski, Thomas Senf

2. Data Protection Officer

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

3. General Information on Data Processing

3.1 Scope of personal data processing

We only process personal user data if it is necessary in order to provide a functional website, content and services. The processing of personal user data takes place regularly only after the user has given his/her consent. An exception applies in cases where prior consent cannot be obtained for factual reasons and the data processing is permitted by law.

3.2 Legal basis for processing personal data

Insofar as we obtain the consent of the data subject to process personal data, Article 6(1)(a) of the European General Data Protection Regulation (GDPR) serves as the legal basis.

Article 6(1)(b) of the GDPR serves as the legal basis for processing personal data required to fulfil a contract to which the data subject is a party. This also applies to processing procedures that are necessary to carry out pre-contractual measures.

Insofar as personal data processing is required to fulfil a legal obligation to which our company is subject, Article 6(1)(c) of the GDPR serves as the legal basis.

In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) of the GDPR serves as the legal basis.

If processing is necessary to safeguard a legitimate interest of our company or a third party, and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Article 6(1)(f) of the GDPR serves as the legal basis for processing.

3.2 Data erasure and storage time

The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been legally provided for in EU or national regulations, laws or other provisions to which the responsible party is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

4. Provision of the Website and Creation of Log Files

Description and scope of data processing

Every time you visit our website, our system automatically collects data and information from your computer system.

The following data is collected:

  • Information about the browser type and version used
  • Operating system
  • Internet service provider
  • User IP address
  • Date and time of access
  • Websites through which the user’s system navigates to 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 user data.

4.1 Legal basis for data processing

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

4.2 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. This requires the IP address of the user to be stored for the duration of the session.

The data is stored in log files to ensure the functionality of the website. In addition, the data serves to optimise the website and to ensure the security of our IT systems. The data is not evaluated for marketing purposes in this context.

These purposes constitute our legitimate interest in data processing pursuant to Art. 6(1)(f) of the GDPR.

4.3 Duration of storage

The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of data collection for the provision of the website, this is the case when the respective session has ended.

If the data has been stored in log files, this is the case after one month at the latest. Extended storage is possible. In this case, user IP addresses are deleted or depersonalised, so that the user’s client cannot be be determined.

4.4 Objection and elimination option

Data collection for the provision of the website and data storage in log files are absolutely necessary for proper website operation. Consequently, user objection to this is not possible.

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. If a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic character string that enables the browser to be identified when the website is reaccessed.

We use cookies to make our website more user-friendly. Some elements of our website require that the browser can be identified after a page change.

The following data is stored and transmitted in the cookies:

  • Language settings
  • Session ID

We also use cookies on our website, which enables an analysis of the user’s surfing behaviour.

This allows the following data to be transmitted:

  • Entered search terms
  • Frequency of page views
  • Use of website functions
  • Anonymised IP (see https://support.google.com/analytics/answer/2763052?hl=en)
  • Registrar of the anonymised IP range

Technical precautions ensure that user data collected in this way is anonymised. Therefore, it is no longer possible to assign the data to the specific user. The data will not be stored together with other personal user data.

When accessing our website, the user is informed about the use of cookies for analytical purposes and his/her consent to personal data processing in this context is obtained. In this context, reference is also made to this Privacy Policy.

5.2 Legal basis for data processing

The legal basis for personal data processing using technically mandatory cookies is Article 6(1)(f) of the GDPR.

The legal basis for personal data processing using cookies for analytical purposes is Article 6(1)(a) of the GDPR.

5.3 Purpose of data processing

The purpose of using technically mandatory cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For this reason, it is necessary that the browser is also recognized after a page change.

Cookies are required for the following applications:

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

The user data collected by technically mandatory cookies is not used to create user profiles.

Analysis cookies are used to improve the quality of our website and its content. Analysis cookies show us how the website is used, allowing us to continuously optimise our website and our services portfolio.

Such purposes constitute our legitimate interest in the processing of personal data in accordance with Article 6(1)(f) of the GDPR.

5.4 Duration of storage, objection and elimination option

Cookies are stored on the user’s computer and transmitted to our site. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all 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 registering 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 upon registration:

  • IP address of your computer
  • Date and time of registration

In the course of the registration process, your consent to data processing is obtained and reference is made to this Privacy Policy.

In connection with the data processing required for dispatching newsletters, the data is shared with Act-On Software, Inc., our newsletter service provider. The data is used exclusively for sending the newsletter.

6.2 Legal basis for data processing

The legal basis for data processing after registering for the newsletter is Article (6)(1)(a) of the GDPR.

6.3 Purpose of data processing

The collection of the user’s e-mail address is required to send the newsletter.

The collection of other personal data as part of the registration process serves to prevent misuse of the services provided or the e-mail address used.

6.4 Duration of storage

The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. The user’s e-mail address will therefore be stored for as long as subscription to the newsletter is active.

The other personal data collected during the registration process will generally be deleted after a period of 30 days.

6.5 Objection and elimination option

The subscription to the newsletter can be cancelled by the user at any time. There is a corresponding link in every newsletter for this purpose.

This also makes it possible to revoke consent to the storage of personal data collected during the registration process.

7. Whitepapers / Case Studies

7.1 Description and scope of data processing

White papers, case studies and other documents about our services and industry best practices can be downloaded from our website. The following data from the input screen will be transmitted to us before the download:

  • First name
  • Surname
  • Business name
  • Profession
  • E-mail address

In addition, the following data is collected upon registration:

  • IP address of your computer
  • IP address of the registrar
  • Date and time of registration
  • Website from which you accessed our website
  • Web browser
  • Operating system
  • Language and version of the browser

In the course of the registration process, your consent to data processing is obtained and reference is made to this Privacy Policy.

In connection with data processing for sending whitepapers and case studies, the data will be shared with Act-On Software, Inc., our service provider. For further information on Act-On Software, Inc., please refer to their Privacy Policy. In this case, the data will only be used for sending whitepapers and case studies and, if applicable, for subsequent contact via e-mail campaigns about similar topics.

7.2 Legal basis for data processing

The legal basis for data processing after registering for the newsletter is Article (6)(1)(a) of the GDPR.

7.3 Purpose of data processing

The data in the input screen, in particular the user’s e-mail address, is used to send the whitepapers and case studies and, if necessary, used for contact purposes about e-mail campaigns on similar topics.

The collection of other data as part of the registration process serves to prevent misuse of the services or the e-mail address used.

7.4 Duration of storage

The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. The user’s e-mail address will therefore be stored for as long as a contact exists or until the person objects to the storage.

7.5 Objection and elimination option

The right to deletion of the aforementioned personal data can claimed by the user at any time. An informal notification is sufficient for this purpose. This can be done by telephone at +49 30 45502-0, by e-mail at marketing@textform.com or by post. This also makes it possible to revoke consent to the storage of personal data collected during the registration process.

8. Contact Form and E-mail Contact

8.1 Description and scope of data processing

On our website, there is a contact form that can be used to initiate contact with us. If a user initiates contact in this way, the data entered into the input screen will be transmitted to us and stored. This data includes:

  • Company
  • First name
  • Surname (required)
  • Street address
  • Postcode/City
  • E-Mail (required)
  • Message (required)

At the time the message is sent, the following data is also stored:

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

Your consent is obtained for data processing during the transmission process and reference is made to this Privacy Policy.

Alternatively, you can contact us via the e-mail address provided. In this case, the user’s personal data transmitted via e-mail will be stored.

We use this data to manage our current and prospective customer database using marketing tools (Act-On and Vtiger) for initiating and processing contractual matters with customers. In this context, the data may be accessible to third parties.

8.2 Legal basis for data processing

The legal basis for data processing is Article 6(1)(a) of the GDPR if the user has given his consent.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Article 6(1)(f) of the GDPR. If the e-mail communication serves the purpose of concluding a contract, then the additional legal basis for the data processing is Article 6(1)(b) of the GDPR.

8.3 Purpose of data processing

The processing of personal data gathered from the input screen serves the sole purpose of processing the relevant communication for services within the scope of our service portfolio. In the event of contact via e-mail, this also constitutes 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.

8.4 Duration of storage

All data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. This applies to personal data from the input screen of the contact form and to the data that was sent via e-mail when the respective conversation regarding the intended and/or concluded contract with the user has been completed. The conversation is considered concluded once the circumstances indicate that a final clarification of the facts has been reached, the contractual relationship has ended and no follow-up orders are expected.

8.5 Objection and elimination option

The user may revoke his consent to personal data processing 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 this case, the conversation cannot be continued.

You may object to personal data storage by telephone at +49 30 45502-0, by e-mail at marketing@textform.com or by post.

In this case, all personal data that was stored in the course of contacting us will be deleted.

9. Web Analysis by Google Analytics, Act-On and Leadfeeder

9.1 Scope of processing of personal data

We use Google Analytics on our website to analyse the browsing behaviour of our users. The software stores cookies on the user’s computer (for more information about cookies, see section V, “Use of Cookies”). The information generated by the cookie about your use of this website is usually transferred to and stored on a Google LLC server in the USA.

If individual pages of our website are accessed, the following data is stored:

  • User’s system IP address
  • Accessed web page
  • Website from which the user has accessed the website (referrer)
  • Subpages that are opened by the accessed webpage
  • Length of stay on the website
  • Frequency with which the website is accessed

Only the first half of the IP addresses is transmitted. IP anonymisation has been activated on the website so that your IP address will be truncated by Google within Member States of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google uses this information to evaluate your use of the website, compile reports on website activity and provide the website operator with other services relating to website and Internet use. The IP address transmitted by your browser through Google Analytics is not merged with other Google data.

The pseudonymised data collected by Google Analytics is also evaluated by the marketing tools Act-On and Leadfeeder. No additional personal data is collected in this context. Further information about Act-On and Leadfeeder can be found in the privacy policies of the respective companies on their websites.

9.2 Legal basis for processing personal data

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

9.3 Purpose of data processing

The processing of users’ personal data enables us to analyse the browsing behaviour of our users. We are able to compile information about the use of the individual components of our website by evaluating the data obtained. This helps us to continuously improve our website and its user-friendliness. The user agrees to the purposes of data processing with respect to granting his/her consent. By anonymising the IP address, the interest of users in protecting their personal data is also taken into account.

9.4 Objection and elimination option

Cookies are stored on the user’s computer and transmitted to our site. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that not all functions of the website may be used in full. More information about the privacy settings for Google Analytics can be found at https://support.google.com/analytics/answer/6004245?hl=en

You may also prevent Google from collecting and processing data generated by the cookie and data relating to your use of the website (including your IP address). You can deactivate tracking for your browser using Google Analytics via the following opt-out link: Deactivate Google Analytics

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

text&form uses the “Recommend” buttons, “Plug-ins” and “Widgets” for Facebook, Twitter and LinkedIn in some areas of the website. By default, text&form embeds deactivated buttons that do not make contact with the servers of the corresponding social networks. Only when you activate these buttons and thereby consent to communication with Facebook, Twitter or LinkedIn, do the buttons become active and establish a connection. You can then submit your recommendation with a repeated click.

If you are already logged in to the social network of your choice, communication with Facebook takes place without a separate window. Twitter and LinkedIn each have a separate popup window in which you can edit the text of your tweet or recommendation. For more information about the purpose and scope of the data collected by social networks via our website, please refer to the respective privacy policies (Facebook Privacy Policy, Twitter Privacy Policy, LinkedIn Privacy Policy).

11. Rights of the Data Subject

If your personal data is processed, you have the following rights vis-à-vis the responsible party in accordance with the GDPR:

11.1 Right to Information

You can request a confirmation from the responsible party about whether we process your personal data.

If such processing has taken place, you can request the following information from the responsible party:

  • Purposes for which the personal data is processed
  • Categories of personal data processed
  • Recipients or categories of recipients to whom your personal data has been or is being disclosed
  • Planned duration of the storage of your personal data or, if specific information regarding this is not available, criteria for determining the storage period
  • Your rights to have your personal data corrected or deleted, or to have processing restricted by the controller, or a right to object to such processing
  • Your right of appeal to a supervisory authority
  • Any available information on the origin of the data if the personal data was not collected from the affected party
  • Existence of automated decision-making, including profiling in accordance with Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the affected party

You have the right to request information as to whether your personal data is transmitted to a third country or to an international organisation. In this context, you may request to be informed about the relevant guarantees pursuant to Art. 46 of the GDPR in connection with the transmission of your personal data.

11.2 Right to correction

You have a right to rectification and/or completion vis-à-vis the responsible party if your personal data is incorrect or incomplete. The responsible party shall make the correction without delay.

11.3 Right to limitation of processing

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

  • If you dispute the accuracy of your personal data for a period of time that enables the responsible party to verify the accuracy of your personal data
  • If the processing is unlawful and you refuse to have the personal data deleted and instead request that the use of the personal data be restricted
  • If the responsible party no longer needs the personal data for processing purposes, however, you need it in order to assert, exercise or defend legal claims
  • If you have filed an objection to the processing pursuant to Art. 21(1) of the GDPR and it has not yet been determined whether the legitimate grounds of the responsible party outweigh your grounds.

If the processing of your personal data has been restricted, such data may only be processed, apart from being stored, with your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or on the grounds of an important public interest of the Union or a Member State.

If processing has been restricted in accordance with the above conditions, you will be informed by the responsible party before the restriction is cancelled.

11.4 Right to deletion

11.4.1 Obligation to delete

You may request to have the responsible party delete your personal data without delay. The responsible party is obliged to delete your personal data without delay if one of the following reasons applies:

Your personal data is no longer necessary for the purposes for which it was collected or otherwise processed.

You revoke your consent, which was the basis for processing pursuant to Art. 6(1)(a) or Art. 9(2)(a) of the GDPR, and there is no other legal basis for the processing.

You file an objection against the processing pursuant to Art. 21(1) of the GDPR and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to Art. 21(2) of the GDPR.

Your personal data has been processed unlawfully.

The deletion of your personal data is necessary to fulfil a legal obligation under European Union law or the law of the Member States to which the responsible party is subject.

Your personal data has been collected in relation to information society services that have been offered pursuant to Art. 8(1) of the GDPR.

11.4.2 Information to third parties

If the responsible party has made your personal data public and is obliged to delete it pursuant to Art. 17(1) of the GDPR, he shall take appropriate measures, including technical measures, which take into account the available technology as well as implementation costs, to inform responsible parties who process your personal data that you as the data subject have requested the deletion of all links to your personal data and/or copies or replications of this personal data.

11.4.3 Exceptions

The right to deletion does not exist insofar as the processing is necessary

  • to exercise freedom of expression and information
  • for the performance of a legal obligation required for processing under the law of the Union or of the Member States to which the controller is subject, or for the performance of a task in the public interest, or in exercising official authority conferred on the responsible party
  • for reasons of public interest in the field of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) of the GDPR
  • for archiving purposes in the public interest, or scientific or historical research purposes, or for statistical purposes pursuant to Art. 89(1) of the GDPR, insofar as the law referred to under a) is likely to make it impossible or seriously impair the realisation of the objectives of such processing
  • to assert, exercise or defend legal claims

11.5. Right to information

If you have exercised your right to have the responsible party correct, delete or limit processing, he/she is obliged to inform all recipients to whom your personal data has been disclosed of this correction or deletion of the data, or restriction on processing, unless this proves impossible or requires a disproportionate amount of effort.

You have the right to be informed by the responsible party of such recipients.

11.6 Right to data transferability

You have the right to receive the personal data that you have provided the responsible party in a structured, common and machine-readable format. In addition, you have the right to pass this data on to another responsible party without obstruction by the responsible party to whom the personal data was provided, provided that

  • processing is based on consent pursuant to Art. 6(1)(a) of the GDPR or Art. 9(2)(a) of the GDPR, or on a contract pursuant to Art. 6 (1)(b) of the GDPR.
  • processing is carried out using automated methods.

In exercising this right, you also have the right to request that your personal data be transferred directly from one responsible party to another responsible party, to the extent that this is technically feasible. This must not impair the freedoms and rights of other persons.

The right to transferability shall not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority conferred to the responsible party.

11.7 Right of objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of your personal data, which is based on Art. 6(1)(e) or (f) of the GDPR; this also applies to profiling based on these provisions.

The responsible party shall no longer process your personal data, unless he can prove that there are compelling reasons worthy of protection for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such advertising purposes; this also applies to profiling, insofar as it is associated with direct marketing.

If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.

You can exercise your right of objection regarding the use of Information Society services, irrespective of Directive 2002/58/EC, by means of automated procedures that use technical specifications.

11.8 Right to revoke data protection-related consent

You have the right to revoke your data protection-related consent at any time. The revocation of consent shall not affect the legality of the processing that was carried out on the basis of the consent up to the time of revocation.

11.9 Automated decision in individual cases including profiling

You have the right to not be subject to a decision based exclusively on automated processing, including profiling, that has legal consequences for you or that significantly adversely affects you in a similar manner. This does not apply if the decision

  • is necessary for the conclusion or performance of a contract between you and the person responsible
  • is permitted by the law of the Union or of the Member States to which the responsible party is subject, and that law contains appropriate measures to safeguard your rights, freedoms and legitimate interests
  • is performed with your express consent

However, these decisions may not be based on special categories of personal data pursuant to Art. 9(1) of the GDPR, unless Art. 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect your rights, freedoms and legitimate interests.

In the cases referred to in (1) and (3), the responsible party shall take reasonable measures to safeguard your rights, freedoms and legitimate interests, including, at minimum, the right to intervention of a person with respect to the responsible party, the right to maintain his/her individual position and the right to challenge the decision.

11.10 Right of appeal to a supervisory authority

Irrespective of any other administrative or judicial remedy, you have the right to appeal to a supervisory authority, in particular in the Member State where you are staying, working or suspected of infringement, if you believe that the processing of your personal data violates the GDPR.

The supervisory authority to whom the complaint was lodged shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under Article 78 of the GDPR.

12. Conclusion

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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