Effective from 25 May 2018
The available guidelines pursuant to Article 13 et seq. of the General Data Protection Regulation (GDPR) relate to the duty to provide information when collecting personal data.
1. Name and Contact Details of the Responsible Party:
OPEN MIND Technologies AG
Representation by the Executive Board
Argelsrieder Feld 5
Tel.: +49 8153 933-500
Fax: +49 8153 933-501
2. Contact Details of the Data Protection Officer:
Rechtsanwalt Richard Metz
Lohmanns Lankes & Partner PartGmbB
Rechtsanwälte und Patentanwalt
Tel: 089 / 552 75 500
3. Purposes for which Personal Data Is to Be Processed and the Legal Basis for Processing:
3.1. Data Processing to Fulfil the Contract Concluded between You and Us (Article 6 Paragraph 1 Lit. b) GDPR)
In order to fulfill the existing contractual relationship, provide the services purchased, and send your contract documents, we, and third parties or data processors instructed by us, will process the following data about you provided you have disclosed the information upon conclusion of the contract or during the course of the contractual relationship:
- personal details (name, date of birth, address, telephone number, fax number, e-mail address, and website if applicable),
- bank details (IBAN, bank, account holder) and payment information
3.2. Data Use with Your Consent (Article 6 Paragraph 1 Lit. a) GDPR)
If we get in touch with you for promotional reasons, we will contact you – subject to dispatch by post – only via the communication channels to which you have given consent. In this case, we will make use of your data for the following purposes:
- Quality assurance: To make continuous improvements to our services and products, we carry out surveys that focus on your satisfaction and experiences arising from the contractual relationship.
- General and personalized advertising.
- If you have given us a suitable SEPA direct debit mandate, we will also use your bank details. We will use the SEPA direct debit mandate to collect outstanding amounts in accordance with the contractual agreements.
4. Obligation to Provide Data
You must provide your name and address. If you do not provide this information, it will not be possible to conclude a contract with us. You are not obliged to provide the remaining data.
5. Automated Decision Making, including Profiling
Profiling measures are not carried out by OPEN MIND.
6. Data Transmission to a Third Country
Data transmissions to countries outside the EU and the European Economic Area (‘third countries’) are carried out as part of the administration, development, and operation of our IT systems. Data is transmitted only in the following cases:
- The transmission is generally permissible because a statutory authorization is fulfilled, or you have consented to the transmission of data and
- the specific requirements for the transmission of data to a third country are met.
7. Recipients of Data and Data Sources
7.1. Categories of Recipients of Data
As far as it is legally permitted, we forward personal data to external service providers:
- Credit agencies and scoring providers for credit rating information in order to assess credit risks.
- Credit institutions and payment service providers for invoicing and handling payments.
- IT service providers for maintenance of our IT infrastructure.
- Debt collection service providers and lawyers for collecting receivables and legally enforcing claims. In a collection case where we have to transmit personal data (customer and contact details, payment and point-of-use data, and claims data) to a debt collection service provider, we will inform you about the intended transmission beforehand.
7. 2. Data Sources
We process personal data that we have received from you in the course of our business relationship. We process personal data – to the extent required to provide our services – that we have rightfully obtained from publicly available sources (debtor lists, land registers, commercial registers, registers of associations, press, Internet) or that has been legitimately transmitted from other third parties (a credit agency or address service provider).
8. Storage Period and Criteria for Determining the Period
We store your data for the existing contract period. We also store your data after the contract has terminated for the period up to completion of the tax audit of the last calendar year in which you were our customer. If statutory retention periods are in place, we are obliged to store your data until these periods expire. After expiry of these statutory retention periods, which arise primarily from the respective commercial and tax laws (in particular, Paragraph 147 of the German Tax Code (AO) and Paragraph 257 of the German Commercial Code (HGB)), we then delete the data.
If we approach you for promotional reasons, we store your data until you object to its use, withdraw your consent, or it is no longer legally permissible to contact you in this way. We store your remaining data so long as we require it to fulfil the specific purpose (for example, to fulfil or process the contract) and delete the data once the purpose has ceased.
9. Processing of Personal Data on Our Websites
9.1. Cookies – Information Automatically Stored on the User’s Computer
When you visit our website and its subpages, information may be temporarily or permanently stored in the form of a ‘cookie’ on your computer. This automatically recognizes your PC the next time you visit the site. Cookies are small text files that allow a website to be tailored to your interests, for example. If you do not want us to store cookies, we request that you adjust your browser settings to delete such cookies from your computer’s hard drive, block all cookies, or warn you before cookies are saved. Please note that changing the settings as previously described may impair the usage of our website.
9.2. Use of Web Tracking – Google Analytics
We use Google Analytics on our Web pages to optimize our website. This is done for the purpose of analyzing usage of the website by its users, compiling reports on website activities, and providing additional services associated with use of the website and the Internet. Here, an abridged IP address is processed with the aid of the _anonymizelp() add-on. Google may forward the stored information to third parties if this is required by law or if the third parties are processing the data on behalf of Google. This Web analytics service from Google Inc. also stores cookies (as defined under item III) on your computer. The information generated in this way is transferred to a Google server in the U.S., where it is saved. If you do not want cookies to be stored, we request that you make the necessary changes to your browser settings as described under item III.
By using our website, you consent to the processing of data obtained about you by Google for the use of Google Analytics. You can withhold consent to the collection and storage of data at any time with future effect. Alternatively, you can use the Google Analytics Opt-out Browser Add-on. Please note that this option is not available for every Internet browser.
9.3. Facebook Connect
We offer you the option of signing up for our service using Facebook Connect. This means that an additional sign up will not be possible. You will be forwarded to the Facebook page to log in. Here, you can log in using your user details. Your Facebook profile and our service will be linked. We will automatically receive information from Facebook Inc. when this happens. The following information will be forwarded to us... (list of all personal data forwarded by Facebook).
From this data, we will only use your name, e-mail address, date of birth,... (list of necessary information). This information is essential for concluding the contract, as we need to be able to identify you. (If other data is used, the purpose of data processing must be itemized).
You can find further information on Facebook Connect and privacy settings in the Data Policy and Terms of Service of Facebook Inc.
9.4. Facebook Custom Audience
Our website uses the pixel of Facebook, Facebook Inc. 1601 S. California Ave, Palo Alto, CA 94304, USA (‘Facebook’) for measuring conversions based on user behavior. The behavior of the page’s visitors can therefore be tracked when they are forwarded to the website of the service provider after clicking an ad on Facebook. This makes it possible to evaluate the effectiveness of the Facebook ads for statistical and market research purposes and optimize future advertising measures.The data we collect as the operator of this website is anonymous. We cannot use it to make any conclusions about users’ identities. However, this data is stored and processed by Facebook, which makes it possible to connect it to the respective user profile, and Facebook may use this data for its own advertising purposes pursuant to the Facebook Data Policy (https://www.facebook.com/about/privacy/). This means that Facebook can allow ads to be placed on Facebook pages as well as outside of Facebook. As the website operator, we have no say in how data is used in this way.
You can find further information on how to protect your privacy in Facebook’s Data Policy at https://www.facebook.com/about/privacy/.
You can also deactivate the ‘Custom Audiences’ remarketing function at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. You must be logged into Facebook to do this.
If you do not have a Facebook account, you can deactivate usage-based advertising by Facebook on the website of the European Interactive Digital Advertising Alliance: http://www.youronlinechoices.com/uk/
10. Information on Your Data Subject Rights
OPEN MIND Technologies AG, Argelsrieder Feld 5, 82234 Wessling, Germany is responsible for processing your data, unless otherwise indicated. You can request information at any time on the data we have stored about you and its correction in case of errors. You also have the right to restrict the processing of your data, request the transferability of the data you provided to us in a machine-readable format, or request the deletion of your data, provided it is no longer needed.
Furthermore, you also have the right at any time to object to the use of your data, which is based on public or legitimate interests.
Provided that we process your data on the basis of the consent that you have given, you can revoke your consent at any time with future effect. As soon as we receive your withdrawal of consent, we will no longer process your data for the purposes specified within the scope of the consent. Please send your revocation of consent or objection to advertising to:
OPEN MIND Technologies AG
Argelsrieder Feld 5
82234 Wessling, Germany
11. Right of Appeal to a Regulatory Authority
You can also make a complaint at any time to a regulatory authority. The Bavarian Data Protection Authority (BayLDA), P.O. Box 606, 91511 Ansbach, Germany, is generally responsible for us. Alternatively, you can contact your local regulatory authority.