Thank you for your interest in our company. Data protection is of particular importance to the management of HMS Analytical Software GmbH. Using the internet pages of HMS Analytical Software GmbH is fundamentally possible without providing any personal data. However, if the person concerned wishes to make use of special services via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain the consent of the person concerned.
The processing of personal data, such as the name, address, e-mail address or telephone number of the concerned person, is always carried out in accordance with the EU General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to HMS Analytical Software GmbH. With this data privacy statement, our company would like to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, the persons concerned will be informed of their rights by means of this data privacy statement.
As the entity responsible for processing personal data, HMS Analytical Software GmbH has implemented numerous technical and organizational measures in order to ensure the most complete protection possible of personal data processed via this website. Nevertheless, security gaps are possible with Internet-based data transfer, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, for example by telephone.
The terms used in HMS Analytical Software GmbH’s data privacy statement are based on the terms used by European regulators in the GDPR. It is our goal that our data privacy statement be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would first like to explain the terms used.
Our data privacy statement includes among others the following terms
- personal data
Personal data is all information relating to an identified or identifiable natural person (hereinafter "the person concerned"). A natural person is deemed identifiable if they can be identified directly or indirectly, particularly in regard to an identifier such as name, identification number, location data, online identification data, or by one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
- the person concerned
The person concerned is every identified or identifiable natural person whose personal data are handled by the data controller.
Processing is defined as any operation or series of operations carried out with or without the aid of automated procedures in relation to personal data, such as the collection, recording, organizing, sorting, storage, adaptation or alteration, reading, retrieval, use, the disclosure by transmission, dissemination or any other form of provision, comparison or linking, restriction, erasure or destruction.
- Restriction of processing Restriction of processing is the selecting of stored personal data with the aim of restricting their future processing.
Profiling is any form of automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to work performance, economic situation, health, personal preferences, interests, reliability, behavior, location or relocation of that natural person.
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be assigned to a specific person without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures which ensure that the personal data are not assigned to an identified or identifiable natural person.
- Data controller
The data controller is the natural or legal person, government agency, institution or other body which alone or jointly with others decides on the purposes and means of processing personal data. If the purposes and means of such processing are specified European Union law or by the law of the Member States, the data controller or the specific criteria for his appointment may be laid down in accordance with European Union law or the law of the Member States.
- Contracted data processors
A contracted data processor is a natural or legal person, agency, institution or other body that processes personal data on behalf of the data controller.
A recipient is a natural or legal person, agency, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, agencies which may receive personal data as part of a test request under European Union law or the law of the Member States shall not be regarded as recipients.
- Third party
A third party is a natural or legal person, agency, institution or other body except the person concerned, the data processor, the contracted data processor and the persons authorized to process the personal data under the direct responsibility of the data processor or the contract data processor.
Consent shall mean any informed and unequivocal expression of will voluntarily given by the person concerned in a specific case in the form of a declaration or other clear affirmative act by which the person concerned indicates his or her consent to the processing of personal data concerning him or her
2. Name and address of the data controller
The party responsible as defined by GDPR, other data protection laws in force in the Member States of the European Union and other regulations relating to data protection is:
3. Name and address of the data protection officer
The data protection officer of the data controller is:
Any person affected can contact our data protection officer directly at any time with any questions or suggestions regarding data protection.
4. Collection of general data and information
HMS Analytical Software GmbH`s website collects a series of general data and information each time a person or an automated system accesses the website. These general data and information are stored in the log files of the server. We may record (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service providers of the accessing system, and (8) other similar data and information used for security purposes in the event of attacks on our information technology systems.
When using this general data and information, HMS Analytical Software GmbH does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimize the contents of our website and the advertising for it, (3) ensure the permanent functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyberattack. These anonymously collected data and information are thus evaluated by HMS Analytical Software GmbH statistically and with the aim of increasing data protection and data security in our company in order ultimately to ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by the person concerned.
5. Contacting us via the website
Due to legal regulations, the HMS Analytical Software GmbH`s website contains information that enables prompt electronic contact with our company and direct communication with us, which also includes a general address for electronic mail (e-mail address). If the person concerned contacts the data controller via e-mail or a contact form, the personal data transmitted by the person concerned will be stored automatically. Personal data voluntarily provided by the person concerned to the data controller in this way will be stored in order to attend to or contacting the person concerned. This personal data is not passed on to third parties.
6. Routine deletion and blocking of personal data
The data controller shall process and store the personal data of the person concerned only for the time necessary to achieve the data retention purpose, or to the extent provided for by the European regulator or other legislator in laws or regulations to which the data controller is subject.
If the storage purpose no longer applies or if a storage period prescribed by the European regulator or another competent legislator expires, the personal data is blocked or deleted in accordance with the statutory provisions as a matter of routine.
7. Rights of the person concerned
- Right to confirmation
Every person concerned shall have the right granted by the European regulator to require the data controller to confirm whether personal data concerning him/her are being processed. If the person concerned wishes to exercise this right, he may contact the data protection officer of the data controller at any time.
- Right to information
Any person concerned affected by the processing of personal data shall have the right granted by the European regulator to obtain, at any time and free of charge, information from the data controller concerning the personal data relating to him/her stored and a copy of that information. Furthermore, the European regulator has granted the person concerned the right to know the following information:
- the purpose(s) of data processing - the categories of personal data to be processed
- the recipients or categories of recipients to whom the personal data have been or are still being disclosed, in particular recipients in third countries or international organizations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- the existence of a right of rectification or deletion of personal data concerning him, or of a restriction on processing by the data controller, or of a right of objection to such processing
- the existence of a right of complaint to a supervisory authority
- if the personal data is not collected from the person concerned: all available information about the origin of the data
- the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended effects of such processing for the person concerned
Furthermore, the person concerned has a right of access to information about whether personal data have been transferred to a third country or to an international organization. If this is the case, the person concerned also has the right to obtain information about the appropriate guarantees in connection with the data transfer.
If the person concerned wishes to exercise this right of access, he may contact the data protection officer of the data controller at any time.
- Right to correction
Any person who has been affected by the processing of personal data shall have the right granted by the European regulator to request the immediate correction of inaccurate personal data concerning him/her. Furthermore, the person concerned has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, if the purposes of the data processing are taken into account.
If the person concerned wishes to exercise this right of rectification, he may contact the data protection officer of the data controller at any time.
- Right of deletion (Right to be forgotten)
Any person affected by the processing of personal data shall have the right granted by the European regulator to require the data controller to request that the personal data concerning him/her be deleted immediately, provided that one of the following reasons applies and insofar as the processing is not necessary:
- The personal data have been collected or otherwise processed for purposes for which they are no longer needed.
- The person concerned withdraws his/her consent on which the processing was based pursuant to Article 6(1)(a) of GDPR or Article 9(2)(a) of GDPR, and there is no other legal basis for the processing. The person concerned opposes processing under Article 21(1) of GDPR, and there are no overriding legitimate grounds for processing, or the person concerned opposes processing under Article 21(2) of GDPR.
- The personal data have been processed unlawfully.
- The deletion of personal data is necessary to fulfil a legal obligation under European Union law or the law of the Member States to which the data controller is subject.
- The personal data was collected in relation to information society services offered in accordance with Art. 8 para. 1 of GDPR.
If one of the above-mentioned reasons applies and the person concerned wishes to have personal data stored at HMS Analytical Software GmbH deleted, he/she may contact the data protection officer of the data controller at any time. The data protection officer of HMS Analytical Software GmbH will arrange for the request for deletion to be complied with immediately.
If the personal data was made public by HMS Analytical Software GmbH and our company is responsible pursuant to Art. 17 para. 1 of GDPR, HMS Analytical Software GmbH shall take appropriate measures, including technical measures, taking into account available technology and implementation costs, to inform other data processors who process the published personal data, that the person concerned has requested the deletion of all links to this personal data or of copies or replications of this personal data from these other data processors, insofar as the processing is not necessary. The employee of HMS Analytical Software GmbH will arrange for the necessary steps in each case.
- Right to the limitation of processing
Any person affected by to the processing of personal data shall have the right granted by the European regulator to require the data controller to restrict the processing if one of the following conditions is met:
- The accuracy of the personal data is disputed by the person concerned for a period of time which enables the data controller to verify the accuracy of the personal data.
- The processing is unlawful, the person concerned declines the deletion of the personal data and instead requests that the use of the personal data be restricted.
- The data controller no longer needs the personal data for the purposes of processing, but the person concerned needs them to assert, exercise or defend legal claims.
- The person concerned has lodged an objection to the processing pursuant to Art. 21 para. 1 of GDPR and it has not yet been determined whether the legitimate reasons of the data controller outweigh those of the person concerned.
- Right to data transferability
Any person concerned involved in the processing of personal data has the right, granted by the European regulator, to obtain personal data concerning him or her which have been provided by the person concerned to a data controller in a structured, common and machine-readable format. He/she also has the right to communicate these data to another data controller without being hindered by the data controller to whom the personal data have been provided, provided that the processing is based on the consent pursuant to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR or on a contract pursuant to Art. 6 para. 1 letter b GDPR, and that the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority entrusted to the data controller.
Furthermore, when exercising his right to data transferability pursuant to Art. 20 (1) of GDPR, the person concerned shall have the right to obtain that the personal data be transferred directly from one data controller to another data controller insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons.
In order to assert the right to data transfer, the person concerned can contact the data protection officer of HMS Analytical Software GmbH at any time.
- Right of objection
Any person concerned by the processing of personal data shall have the right granted by the European legislator for reasons arising from their particular situation to object at any time to the processing of personal data concerning them under Article 6(1)(e) or (f) of GDPR. This also applies to profiling based on these provisions.
In the event of an objection, HMS Analytical Software GmbH will no longer process the personal data unless we can prove compelling reasons worthy of protection for the processing which outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims.
If HMS Analytical Software GmbH processes personal data in order to carry out direct advertising, the person concerned has the right to object at any time to the processing of the personal data for the purpose of such advertising. This also applies to profiling insofar as it is connected with such direct advertising. If the person concerned objects to HMS Analytical Software GmbH processing for direct advertising purposes, HMS Analytical Software GmbH will no longer process the personal data for these purposes.
Furthermore, the person concerned has the right to object to the processing of personal data concerning him/her which is carried out at HMS Analytical Software GmbH for scientific or historical research purposes, or for statistical purposes in accordance with Art. 89 para. 1 of GDPR, for reasons arising from his or her particular situation, unless such processing is necessary to fulfil a task in the public interest.
To exercise the right of objection, the person concerned can directly contact the data protection officer of HMS Analytical Software GmbH. The person concerned shall also be free to exercise his right of opposition in relation to the use of information society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
- Automated decisions in individual cases including profiling
Any person affected by the processing of personal data shall have the right granted by the European regulator not to be subject to a decision based exclusively on automated processing, including profiling, which has legal effect against him or significantly affects him in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the person concerned and the data controller, or (2) is admissible under European Union or Member State law to which the data controller is subject and that such law contains appropriate measures to safeguard the rights, freedoms and legitimate interests of the person concerned, or (3) with the express consent of the person concerned.
If the decision (1) is necessary for the conclusion or performance of a contract between the person concerned and the data controller or (2) is made with the express consent of the person concerned, HMS Analytical Software GmbH shall take appropriate measures to protect the rights and freedoms as well as the legitimate interests of the person concerned, including at least the right to obtain the intervention of another person, to state his own position and to challenge the decision.
If the person concerned wishes to assert rights relating to automated decisions, he or she may contact the data protection officer of the controller at any time.
- Right to revoke consent under data protection law
Any person concerned by the processing of personal data has the right granted by the European regulator to revoke consent to the processing of personal data at any time.
If the person concerned wishes to exercise his/her right to withdraw his/her consent, he/she may contact the data protection officer of the controller at any time.
8. Data protection for job applications and in the application procedure
The data controller collects and processes the personal data of applicants for the purpose of processing the job application procedure. Processing may also be carried out electronically. This is particularly the case if an applicant sends corresponding job application documents to the data controller by electronic means, for example by e-mail or via a web form on the website. If the data controller enters into an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the data controller does not enter into an employment contract with the applicant, the application documents shall be automatically deleted three months after notification of the decision of refusal, provided that no other legitimate interests of the data controller stand in the way of deletion. Other legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).
9. Data protection regulations regarding the use and application of Matomo
The data controller has integrated the Matomo component on this website. Matomo is an open source software tool for web analysis. Web analysis is the collection and evaluation of data on the behavior of visitors to Internet sites. A web analysis tool collects, among other things, data on the website from which the person concerned came to the website (so-called referrer), which subpages of the website were accessed, or how often and for how long a subpage was viewed. A web analysis is used mainly to optimize a website and for cost-benefit analysis of Internet advertising.
The software is operated on the server of the data controller; the data protection-sensitive log files are stored exclusively on this server.
The purpose of the Matomo component is to analyze the flow of visitors to our website. The data controller uses the data and information obtained to evaluate the use of this website, in order to compile online reports showing the activities on our website.
Matomo places a cookie on the information technology system of the person concerned. What cookies are will be explained in the following paragraphs. By placing a cookie, we are able to analyze the use of our website. Each time one of the individual pages of this website is called up, the Matomo component automatically causes the Internet browser on the information technology system of the person concerned to transmit data to our server for the purpose of online analysis. As part of this technical procedure, we obtain knowledge of personal data, such as the IP address of the person concerned, which among other things helps us to trace the origin of visitors and clicks.
Cookies are used to store personal information, such as access time, the location from which access originated, and the frequency of visits to our website. Whenever you visit our website, this personal data, including the IP address of the Internet connection used by the person concerned, is transmitted to our server. This personal data is stored by us. We do not pass this personal data on to third parties.
The person concerned can prevent the placing of cookies by our website at any time, as already described above, by means of an appropriate setting of the Internet browser used, and can thus permanently object to the placing of cookies. Such a setting of the Internet browser used would also prevent Matomo from placing a cookie on the information technology system of the person concerned. In addition, a cookie already placed by Matomo can be deleted at any time via an Internet browser or other software programs.
Furthermore, the person concerned can object to the collection of data generated by Matomo relating to the use of this website and to prevent such collection. To do this, the person concerned must set "Do Not Track" in their browser.
With the setting of the opt-out cookie, however, it is possible that the Internet pages of the data controller may no longer be fully usable by the person concerned.
10. Data protection regulations on the use and application of Xing
The data controller has integrated components from Xing on this website. Xing is an Internet-based social network that enables users to connect to existing business contacts and make new business contacts. Individual users can create a personal profile of themselves on Xing. For example, companies can create company profiles or publish job offers on Xing.
Xing is operated by XING SE, Dammtorstrasse 30, 20354 Hamburg, Germany.
Each time one of the individual pages of this website, which is operated by the data controller and on which a Xing component (Xing plug-in) has been integrated is called up, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective Xing component to download a representation of the corresponding Xing component from Xing. More information about the Xing plug-ins can be found at http://dev.xing.com/plugins. As part of this technical process, Xing is informed about which specific subpage of our website is visited by the person concerned.
If the person concerned is logged in to Xing at the same time, Xing recognizes, with every visit to our website by the person concerned and for the entire duration of the respective stay on our website, which specific subpage of our website the person concerned visits. This information is collected by the Xing component and assigned to the respective Xing account of the data suject by Xing. If the person concerned presses one of the Xing buttons integrated on our website, for example the "Share" button, Xing assigns this information to the personal Xing user account of the person concerned and stores this personal data.
Xing receives information via the Xing component that the person concerned has visited our website whenever the person concerned is logged in to Xing at the same time as accessing our website; this happens regardless of whether the person concerned clicks on the Xing component or not. If such a transmission of this information to Xing is not desired by the person concerned, he can prevent the transmission by logging out of his Xing account before calling up our website.
The data protection regulations published by Xing, which can be accessed at http://www.xing.com/privacy, provide information on the collection, processing and use of personal data by Xing. Xing has also published privacy notices for the XING share button at https://www.xing.com/app/share?op=data_protection.
11. Legal basis for the processing of data
Art. 6 I lit. a of GDPR is the legal basis for our company for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the person concerned is a party, as is the case for example with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b of GDPR. The same applies to such processes that are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c of GDPR. In rare cases, the processing of personal data may become necessary to protect the vital interests of the person concerned or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information had to be passed on to a doctor, a hospital or other third parties. The processing would then be based on Art. 6 I lit. d of GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f of GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the person concerned do not prevail. Such processing procedures are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the person concerned is a customer of the person responsible (recital 47, second sentence of GDPR).
12. Legitimate interests in the processing pursued by the data controller or a third party
If the processing of personal data is based on Article 6 I lit. f of GDPR, it is in our legitimate interest to conduct our business for the well-being of all our employees and our shareholders.
13. Duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After the expiry of this period, the corresponding data will be routinely deleted, provided that it is no longer necessary for the fulfilment or initiation of the contract.
14. Legal or contractual provisions for the provision of personal data; necessity for closing the contract; obligation of the person concerned to provide personal data; possible consequences of failure to provide them
We hereby inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). In some cases, it may be necessary upon the closing of a contract for the person concerned to provide us with personal data which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company enters into a contract with him/her. Failure to provide personal data would mean that the contract with the person concerned could not be concluded. Prior to the provision of personal data by the person concerned, the person concerned must contact one of our employees. Our employee will inform the person concerned on a case-by-case basis whether the provision of personal data is required by law or contract or required for the conclusion of the contract, whether there is an obligation to provide personal data and what consequences the failure to provide personal data would have.
15. Existence of automated decision making
As a responsible business, we do not use automatic decision-making or profiling. This data privacy statement was created by the data privacy statement generator of the German Association for Data Protection, which generates a sample data privacy statement, in cooperation with the data privacy attorneys of the law firm WILDE BEUGER SOLMECKE | Rechtsanwaelte.