Privacy Policy | osapiens
(Last updated: 25 May 2018)
Thank you for visiting our website. We appreciate your interest in our company. We take the protection of your personal data very seriously. The following information describes the processing of your personal data when using our website www.ftrace.com and when establishing, executing and terminating a contract with us, in accordance with Articles 12, 13, 14 and 21 of the General Data Protection Regulation (GDPR). Personal data refers to individual pieces of information relating to the personal or factual circumstances of a specific person or an identifiable person. This includes information such as the civil name, address, telephone number and date of birth.
Table of contents
I. Data controller
II. Purposes and legal basis of data processing
- Informational use of the website
- Active use of the website
- Non-website-based enquiries and conclusion of contracts
- Data processing during performance of the contract
III. Categories of recipients
IV. Third-party transfer
V. Duration of storage
- Informational use of the website
- Active use of the website, as well as non-website-based enquiries and conclusion of contracts
VI. Your rights as a data subject
VII. The scope of your obligations to provide data
VIII. Automatic decision-making/profiling
IX. Your right to object in accordance with Article 21 of the GDPR
I. Data controller
Data controller in terms of the General Data Protection Regulation:
ftrace GmbH
II. Purposes and legal basis of data processing
1. Informational use of the website
You are able to use our website without providing any personal data. When you use our website solely for informational purposes (i.e. do not send us any personal data, specifically by sending us an enquiry), we do not process any personal data, with the exception of the data that your browser sends to us in order to enable you to visit our website, as well as information that is transmitted to us from cookies for the purpose of statistically analysing the use of our website.
a. Technical provision of the website
i. Purpose
To enable the technical functioning of the website, we need to process certain data from you. This data is automatically transmitted to us so that your browser can display our website and you can use the website. This information will be collected by us automatically every time you visit our website and is saved in our server log files. This information relates to the computer system that is accessing the website. The following information will be gathered:
- Host,
- user’s IP address,
- auth name (if applicable),
- date and time of access,
- access method (GET/POST),
- request,
- protocol (e.g. http),
- status (e.g. error messages),
- data volume retrieved
- referral URL,
- user’s browser and operating system.
We also use cookies to allow you to use our website. Cookies are text files that are stored in or by the internet browser when you access a website on your computer. A cookie contains a distinctive string of characters that enables a browser to be recognised clearly when the website is accessed again. We use these cookies to allow you to use our website and its technical functionalities. Without the use of cookies, certain functionalities of our website may not be available to you. Apart from cookies that enable the statistical analysis of the use of our website, the only cookies that we use are session cookies. These session cookies are deleted when you leave the website, with the exception of log-in cookies, which save your access authorisation. These are automatically deleted after a period of 24 hours.
ii. Legal basis
We process your personal data to ensure the technical functioning of our website based on the following legal basis:
- to perform a contract or to take steps prior to entering into a contract in accordance with point (b) of Article 6 (1) of the GDPR, insofar as you visit our website to gain information about our products or services; and
- to protect our legitimate interests in accordance with point (f) of Article 6 (1) of the GDPR, in order for us to be enable the technical functioning of the website. Our legitimate interest consists of providing you with an attractive, technically sound and user-friendly website, and putting measures in place to protect our website from cyber risks and to prevent our website from being a source of cyber risks for third parties.
b. Statistical analysis of website use and expansion of reach
i. Purpose
For the purpose of statistical analysis of the use of our website, we use Google Analytics. This involves the use of cookies, which allow an analysis of your surfing behaviour. This enables us to improve the quality of our website and the content it provides. We learn how the website is used, which allows us to continually optimise our online presence.
The data gathered for the purpose of statistically analysing our website is not combined with other personal data collected on our website.
Google Analytics
We use Google Analytics – a web analysis service provided by Google Inc.– on our website. Google Analytics uses cookies, which are text files that are stored on your computer to enable the analysis of your use of the website. The information generated by the cookie about your use of our website is generally transferred to a Google server in the USA and stored there. However, within the Member States of the European Union or in other Contracting States of the Agreement on the European Economic Area, the activation of IP anonymisation on our website means that your IP will be cropped beforehand. Only in exceptional cases will the full IP address be transferred to a Google server in the US and cropped there. On our behalf, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide other services related to website usage and internet usage for the website operator. The IP address provided by your browser as part of Google Analytics will not be merged with any other Google data.
We use Google Analytics with the extension _anonymizeIp() on our website. This means that IP addresses are processed in their cropped form; in other words, they cannot be directly linked back to a specific person.
You can prevent cookies from being saved by setting your browser software accordingly; However, we would like to point out that in this case, you may not be able to fully utilise all the functions on our website.
You can prevent Google from collecting and processing the data (including your IP address) related to your use of our website (including your IP address), as well as the processing of this data by Google, by downloading and installing the browser plug-in available at: http://tools.google.com/dlpage/gaoptout?hl=en
As an alternative to the browser plug-in, you can prevent Google Analytics from collecting data on our website in the future by clicking on the following link. This places an opt-out cookie on your end device. If you delete your cookies, you will need to click on this link again.
deactivate now
Further information about the Terms of Use and Data Protection Policy of Google Analytics can be found athttp://www.google.com/analytics/terms/de.html and https://policies.google.com/?hl=en&gl=en
Nähere Informationen zu Nutzungsbedingungen und Datenschutz von bzw. bei Google Analytics finden Sie unter http://www.google.com/analytics/terms/us.html bzw. unter https://policies.google.com/?hl=en&gl=de
ii. Legal basis
We process your personal data in order to carry out statistical analysis of the use of our website based on the following legal basis:
- to protect our legitimate interests in accordance with point (f) of Article 6 (1) of the GDPR in conjunction with Section 15 (3) of the German law on telecommunications and electronic media (TMG); our legitimate interest comprises the needs-oriented design of our website.
2. Active use of the website
Besides using our website for information purposes, you may also use our website actively, in order to contact us. In addition to processing your personal data as outlined above in the case of the purely informational use of our website, an active use of our website requires us to process other personal data, which we need to process your enquiry and provide a response.
Enquiries
In order to process and answer your enquiries, e.g. sent using our contact form or mailed to our email address, we need to process the personal data that you have provided in your enquiry. In all cases, this includes your name and email address so that we can send you an answer, as well as any other information contained within the message that you sent us.
We process your personal data to answer enquiries based on the following legal basis:
- to protect our legitimate interests in accordance with point (f) of Article 6 (1) of the GDPR; our legitimate interest comprises the need to provide an appropriate response to enquiries.
3. Non-website-based enquiries and conclusion of contracts
When you make an enquiry or conclude a contract with us via a means of communication other than our website (e.g. email, telephone or in person), we process the personal data that you provide us with – e.g. data that is provided in the course of concluding a contract i.a. and which is indispensable for the conclusion of the contract or the provision of our products or services – for the establishment, execution and termination or our contracts, as set out below.
a. Enquiries
In order to process and answer your enquiries, e.g. received by phone or mailed to our email address, we need to process the personal data that you have provided in your enquiry. In all cases, this includes your name and address (e.g. email or postal) or a fax number, so that we can send you an answer, as well as any other information contained within your message.
We process your personal data to answer enquiries based on the following legal basis:
- to protect our legitimate interests in accordance with point (f) of Article 6 (1) of the GDPR; our legitimate interest comprises the need to provide an appropriate response to enquiries.
b. Conclusion of a contract
When you order one of our products or services (free or otherwise) by telephone, email or in person, we process your personal data in order to record, process and deliver the products or services that you have ordered. We process the information that is provided on the corresponding contact form (non-mandatory information is marked as ‘optional’):
- Email address
- Title
- Position
- First and last names
- Company
- Sector
- Address
- Postcode
- City
- Country
- Telephone
- Language
We process your personal data to establish, execute and terminate a contract based on the following legal basis:
- to perform a contract or to take steps prior to entering into a contract in accordance with point (b) of Article 6 (1) of the GDPR
4. Data processing during execution of the contract
During the execution of the contract, we process your personal data as follows:
a. Provision of services
We process your personal data when required to do so for the performance of the contract, e.g. to get in touch with you, to arrange meetings, to clarify queries and to deliver customer service.
We process your personal data to establish, execute and terminate a contract based on the following legal basis:
- to perform a contract or to take steps prior to entering into a contract in accordance with point (b) of Article 6 (1) of the GDPR
b. Payment
We use payment service providers and banks to process payments. We process your personal data to establish, execute and terminate a contract based on the following legal basis:
- to perform a contract or to take steps prior to entering into a contract in accordance with point (b) of Article 6 (1) of the GDPR
c. Compliance with legal regulations
We also process your personal data in order to fulfil other legal obligations that apply to us in connection with the performance of the contract. This particularly includes statutory retention periods for commercial-, trade- or tax-related data.
We process your personal data to establish, execute and terminate a contract based on the following legal basis:
- for compliance with a legal obligation in accordance with point (c) of Article 6 (1) of the GDPR, particularly in connection with the provisions of commercial, trade and tax laws.
d. Asserting legal rights
We also process your personal data in order to assert our rights and enforce our legal claims. Furthermore, we process your personal data in order to be able to defend ourselves against legal claims. Lastly, we process your personal data insofar as this is necessary for the prevention or prosecution of criminal offences.
We process your personal data for the purposes of asserting our legal rights:
- to protect our legitimate interests in accordance with point (f) of Article 6 (1) of the GDPR,
insofar as we assert legal claims or defend ourselves in legal disputes, or we prevent or throw light on criminal offences.
III. Categories of recipients
In the first instance, only our employees have access to your personal data. If it is permitted or prescribed to do so by law, we also share your personal data, with other recipients who provide us with services in connection with our website.
We limit the transfer of your personal data to the strict minimum, specifically the data that is required to process your order. Some of our service providers receive your personal data in their capacity as processors; in this case, they are strictly bound to comply with our instructions when handling your personal data.
In some cases, recipients process your data that we transfer to them independently.
The categories of recipients of your personal data are listed below:
- payment service providers and banks (if applicable) for the processing of payment,
- IT service providers for the administration and hosting of our website, or for the operation of our apps,
- collection agencies and legal advisers for enforcing our rights.
IV. Transmission of data to third countries
When using Google tools, we transfer your shortened IP address to the USA, among other things. In addition, data may also be transferred outside the EU/EEA when using the Microsoft and LinkedIn tools.
If service providers outside the EU/EEA third country are used and no so-called «adequacy decision» of the EU Commission exists for this country, these service providers are obligated to comply with the level of data protection in Europe by agreeing to the EU standard contractual clauses in addition to written instructions. Unfortunately, however, due to the laws of non-EU countries (e.g., under the so-called Cloud Act in the U.S.), even if corresponding agreements and sets of rules are concluded, there is a possibility that government agencies in particular will access your personal data without us or you being able to know or prevent, stop or control this. For these reasons, your consent, for example, to the use of cookies (e.g. for Google Analytics) also includes the purpose of data transfer to countries outside the EU. You can obtain further information from our/our data protection officer.
Otherwise, we do not transfer your personal data to countries outside the EU or the EEA or to international organizations.
V. Duration of storage
1. Informational use of the website
When our website is being used solely for informational purposes, we save your personal data on our servers for the duration of your visit. Your personal data is deleted as soon as you leave our site. However, we store server log files for a period of 1 month.
Cookies that we have installed are generally deleted after you have left the website, with the exception of log-in cookies. These are stored for a period of 24 hours. However, this does not apply to cookies that have been placed by the web analysis service, Google Analytics. These are stored on your device for a period of 2 years. You have the possibility of deleting installed cookies yourself at any time.
2. Active use of the website, as well as non-website-based enquiries and conclusion of contracts
In the case of active use of the website, as well as non-website-based enquiries and conclusion of contracts, we initially save your personal data for the length of time needed to respond to your enquiry or to take steps prior to entering into a contract. If a business relationship is entered into and/or a contract is concluded, we save your personal data for the duration of our business relationship and/or for the duration of the contractual relationship. This includes both the period of time prior to the establishment of a contract (pre-contractual legal relationship) and the execution of a contract.
We also save your personal data until the end of the period in which legal claims relating to our relationship may be made, in order to use this data as evidence, if necessary. This period of limitation generally extends over a period of between 12 and 36 months; in some cases it can be as long as 30 years.
At the end of the period of limitation, we shall delete your personal data unless we are legally required to retain it in accordance with provisions such as Sections 238, 257 (4) of the German Commercial Code (HGB) or Section 147 (3, 4) of the German Tax Code (AO). This period of retention can last between two and ten years.
VI. Your rights as a data subject
Under data protection legislation, you have a number of rights that you may exercise as a data subject:
Right of access: You shall have the right under Article 15 of the GDPR to obtain from us confirmation as to whether or not personal data concerning you is being processed; where this is the case, you also have the right under Article 15 of the GDPR to have access to the personal data, as well as other specific information (such as the purposes of processing, the categories of personal data concerned, the categories of recipient, the envisaged period for which the personal data will be stored, your rights, the origin of the data, the existence of automated decision-making, and, where personal data is transferred to a third country, information about the appropriate safeguards). You also have a right to obtain a copy of your data.
Right to rectification: You shall have the right under Article 16 of the GDPR to obtain from us the rectification of the personal data that we hold about you, when this data is inapplicable or inaccurate.
Right to erasure: You shall have the right under Article 17 of the GDPR to obtain from us the erasure of the personal data that we hold about you without delay. The right to erasure shall not apply to the extent that the processing of personal data is necessary for (i) exercising the right of freedom of expression and information, (ii) fulfilling a legal obligation that we have (e.g. statutory archiving of data) or (iii) the establishment, exercise or defence of legal claims.
Right to restriction of processing: You shall have the right under Article 18 of the GDPR to obtain from us the restriction of processing of your personal data.
Right to data portability: You shall have the right under Article 20 of the GDPR to receive the personal data that we hold on you, in a structured, commonly used and machine-readable format.
Right to object: You shall have the right to withdraw your consent to the future processing of your personal data.
Right to object: You shall have the right under Article 21 of the GDPR to object to the processing of personal data that we hold on you; we shall be obliged, as a result, to stop processing your personal data. The right to object is limited to the provisions laid down in Article 21 of the GDPR. In addition, our own interests may prevent us from ceasing to process your data; in other words, despite your objection, we may still be entitled to process your personal data.
Right to lodge a complaint with a supervisory authority: You shall have the right under Article 77 of the GDPR 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 your personal data infringes the GDPR. You shall have the right to lodge a complaint without prejudice to any other administrative or judicial remedy.
The supervisory authority responsible for our company is:
Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen
(North Rhine-Westphalia Commissioner for Data Protection and Freedom of Information)
Kavalleriestrasse 2–4
40213 Düsseldorf
Tel: +49 211/38424-0
Fax: +49 211/38424-10
E-Mail: poststelle@ldi.nrw.de
We recommend that you address a complaint to our Data Protection Officer in the first instance.
Requests to exercise your rights should, if possible, be sent in writing to the above address or addressed directly to our Data Protection Officer.
VII. The scope of your obligations to provide data
As a general rule, you are not obliged to share any personal data with us. However, failure to provide personal data means that we shall not be able to make our website available to you, we shall not be able to answer your enquiries and we shall not be able to establish a contract with you. Personal data that is not absolutely necessary for the aforementioned purposes is marked as ‘optional’ or identified as non-mandatory by another symbol.
VIII. Automatic decision-making/profiling
We do not use an automatic decision-making or profiling tool (automatic analysis of your personal circumstances).
IX. Your right to object, according to Article 21 of the GDPR
You have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data based on point (f) of Article 6 (1) of the GDPR (data processing based on legitimate interests) or point (e) of Article 6 (1) (data processing for the performance of a task carried out in the public interest).
If you file an objection, we shall no longer process your personal data unless we can demonstrate compelling grounds for processing your data that override your interests, rights and freedoms, or that processing is necessary for asserting, exercising and defending legal claims.
