Data Protection Declaration

The following data protection declaration applies to the use of our online offer www.archiware.de/com, support.archiware.de/com, portal.archiware.de/com, p5.archiware.com, pure.archiware.com

(hereinafter referred to as the "website").

We consider data protection to be extremely important. Your personal data is collected and processed in compliance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR).

 

Data controller

The data controller responsible for the collection, processing and use of your personal data within the meaning of Art. 4 No. 7 GDPR is
Archiware GmbH Software und Vertrieb 
Sonnenstrasse 27
80331 Munich

If you wish to object to the collection, processing or use of your data by us in accordance with these data protection regulations as a whole or for individual measures, you can address your objection to the data controller.

You can save and print out this privacy policy at any time.

 

Scope of personal data processing

We collect and utilise our users' personal data only insofar as this is necessary for provision of an operational site and of our content and services. Collection and utilisation of our users' personal data is only undertaken periodically with the user's consent. An exception applies in those cases where prior consent cannot be obtained for legal or circumstantial reasons and the processing of the data is permitted by law. 

 

Legal basis for processing personal data

Insofar as we obtain the consent of the data subject for processing personal data, Art. 6 Para. 1 (a) EU General Data Protection Regulation (GDPR) serves as legal basis.

In processing personal data necessary for performance of a contract to which the data subject is a party, Art. 6 Para. 1 lit. b GDPR applies as the legal basis. This also applies to processing operations that are necessary for carrying out pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 Para. 1 lit. c GDPR applies as the legal basis.

In the event that vital interests of the data subject or another natural person require a processing of personal data, Art. 6 1 lit. d GDPR applies 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, Art. 6 Para. 1 (f) GDPR applies as the legal basis for processing. 

 

Access Data

We collect information about you when you use this website. We automatically collect information about your usage behaviour and interaction with us and record data about your computer or mobile device. We collect, store and use data about every access to our website (so-called server log files). The access data includes:

• Name and URL of the retrieved file
• Date and time of the access
• The amount of data transferred
• Message about successful retrieval (HTTP response code)
• Browser type and browser version
• Operating system
• Referrer URL (i.e. the previously visited page)
• Websites accessed by the user's system via our website
• The user's Internet service provider
• IP address and the requesting provider

We use this log data without allocation to your person or other profiling for statistical evaluations for the purpose of operating, security and optimisation of our website, but also for anonymous recording of the number of visitors to our website (traffic) and the extent and type of use of our website and services, as well as for billing purposes in order to measure the number of clicks received from cooperation partners. Based on this information, we can provide personalised and location-based content, analyse traffic, troubleshoot and correct errors, and improve our services.

This is also our legitimate interest pursuant to Art 6 para. 1 p.1 f) GDPR.

However, we reserve the right also to examine log data if there is concrete evidence leading to reasonable suspicion of unlawful use. We store IP addresses in the log files for a limited period of time if this is necessary for security purposes or for the provision or billing of a service, e.g. if you use one of our offers. After the order process has been cancelled or payment has been received, we will delete the IP address if this is no longer required for security purposes. We also store IP addresses if we have a concrete suspicion of a criminal offence in connection with the use of our website. In addition, we store the date of your last visit as part of your account (e.g. when registering, logging in, clicking on links, etc.).

 

Cookies

We use so-called session cookies to optimise our website. A session cookie is a small text file that is sent by the respective servers when you visit a website and stored temporarily on your hard drive. These store a session ID which assigns the various requests made by your browser during the joint session. This allows your computer to be recognised when you return to the site. These cookies are deleted after you close your browser.

We also use persistent cookies (also small text files that are stored on your terminal device) to a small extent, which remain on your terminal device and enable us to recognise your browser the next time you visit. These cookies are stored on your hard disk and are deleted automatically after the specified time. Their life span is 1 month to 10 years. This enables us to present our services to you in a more user-friendly, effective and secure manner and, for example, to display information on the site that is specifically tailored to your interests.

Our legitimate interest in the use of cookies pursuant to Art 6 para. 1 p. 1 f) GDPR is to make our website more user-friendly, effective and secure.

The following data and information is stored in the cookies:

• Log-in information
• Language settings
• Search terms entered
• Information about the number of visits to our website and use of individual functions of our website.

When the cookie is activated, it is assigned an identification number and your personal data is not assigned to this identification number. Your name, IP address or similar data that would allow the cookie to be assigned to you will not be placed in the cookie. Based on the cookie technology, we only receive pseudonymous information, for example about which pages of our website were visited, what products were viewed, etc.

You can set your browser so that you are informed in advance about the setting of cookies and can decide in individual cases whether you want to exclude the acceptance of cookies for certain cases or in general, or that cookies are completely prevented. This may restrict the functionality of the website.

 

Data for the fulfilment of our contractual obligations

We process personal data that we need to fulfil our contractual obligations, such as name, address, e-mail address, ordered products, billing and payment data. The collection of this data is necessary for the conclusion of the contract. 

The data will be deleted after expiry of the warranty periods and statutory retention periods. Data associated with a user account (see below) will always be retained for the duration of the account.

The legal basis for the processing of this data is Art. 6 para. 1 p. 1 b) GDPR, because this data is required to enable us to fulfil our contractual obligations to you. 

 

User account 

You can create user accounts on our service web pages. If you wish to do this, we need the personal data requested during login. When logging in later, only your email or user name and the password you have chosen are required. 

For the new registration we collect user data (e.g. name, address), communication data (e.g. email address) and access data (user name and password).

To ensure your proper registration and to prevent unauthorised registrations by third parties, you will receive an activation link by e-mail after registration to activate your account. Only after successful registration do we permanently store the data transmitted by you in our system.

You can have us delete a user account once it has been created at any time without incurring any costs other than the transmission costs according to the basic tariffs. A written notice to the contact information listed under section 1 (e.g. e-mail, fax, letter) is sufficient for this purpose. We will then delete your stored personal data, as far as we do not have to store them for the processing of orders or due to legal storage obligations.

The legal basis for the processing of these data is your consent pursuant to Art. 6 para. 1 p. 1 a GDPR. 

 

Handling contact data

If you contact us (e.g. via contact form or email), we will process your details to process your enquiry and in the event that follow-up questions arise. 

If the data processing takes place for the execution of pre-contractual measures which take place at your request or, if you are already our customer, for the execution of the contract, the legal basis for this data processing is Art. 6 para. 1 p.1 (b) GDPR.

We will only process further personal data if you give your consent (Art. 6 para. 1 p. 1 a) GDFPR) or we have a legitimate interest in the processing of your data (Art. 6 para. 1 p.1  f) GDPR). For example, there is a legitimate interest in replying to your email.

 

Handling comments and posts

If you leave a post or comment on this website, your IP address will be saved. This is done on the basis of our legitimate interests within the meaning of Art. 6 para. 1 f. GDPR and serves the security of us as website operator: Because if your comment should offend against current law, we can be sued for it, which is why we have an interest in the identity of the comment and/or contribution author.

 

Newsletter subscription

The website operator offers you a newsletter in which he informs you about current events and offers. If you would like to subscribe to the newsletter, you must enter a valid email address. If you subscribe to the newsletter, you agree to receive the newsletter and the explained procedures.

To register for newsletters, the data requested in the registration process is required. The registration for the newsletter is logged. After registering, you will receive a message at the email address provided asking you to confirm your registration ("double opt-in"). This is necessary to prevent third parties from registering with your email address. 

You can revoke your consent to receive the newsletter at any time and thus cancel the newsletter.

We store the registration data as long as it is required for sending the newsletter. The logging of the application and the shipping address are stored as long as there was an interest shown in the proof of the consent originally given, as a rule, these are the limitation periods for civil claims, thus a maximum of three years. 

The newsletter is sent out by the shipping service Campaign Monitor, a shipping platform of Campaign Monitor, Level 38, 201 Elizabeth Street, Sydney NSW 2000, Australia. For information about the shipping service provider's privacy policy, see: https://www.campaignmonitor.com/policies/.

The legal basis for sending the newsletter is your consent according to the terms of this agreement. Art. 6 para. 1 p. 1 a) in conjunction with Art. 7 GDPR in conjunction with Art. 7 Para. 2 No. 3 UWG (German Law against Unfair Competition). The legal basis for logging the registration is our legitimate interest in proving that the dispatch was carried out with your consent.

 

Google Analytics

Due to our legitimate interests, this website uses for the optimisation and analysis of our online offer in the sense of Art. 6 Para. 1 lit. f. GDPR uses the service "Google Analytics", which is provided by Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA). The service uses "cookies" - text files which are stored on your device. The information collected by the cookies is usually sent to a Google server in the USA and stored there.

Google LLC complies with European data protection law and is certified under the Privacy Shield Agreement: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=A....

IP anonymization is used on this website. The IP address of users will be truncated within the Member States of the EU and the European Economic Area and in the other signatory states to the Agreement. Only in individual cases is the IP address initially transmitted in full to a Google server in the USA and shortened there. This reduction eliminates the personal reference to your IP address. The user's IP address transmitted by the browser is not combined with other data stored by Google.

As part of the contract data agreement concluded between the website operators and Google Inc., Google uses the information collected to evaluate the use of the website and website activity and to provide services related to internet use.

The data collected by Google on our behalf is used to evaluate the use of our online offer by individual users, e.g. to create reports on the activity on the website in order to improve our online offer.

You have the option of preventing the storage of cookies on your device by making the appropriate settings in your browser. There is no guarantee that you will be able to access all of the functions of this website without restrictions if your browser does not allow cookies.

Furthermore, you can use a browser plug-in to prevent the information that is collected from cookies (including your IP address) from being sent to Google Inc. and used by Google Inc. The following link will direct you to the corresponding plugin: https://tools.google.com/dlpage/gaoptout?hl=en

Alternatively, by clicking on this link, you prevent Google Analytics from collecting data about you within this website. By clicking on the link above you can download an "Opt-Out-Cookie". Your browser must therefore allow cookies to be stored. If you delete your cookies regularly, you will need to click on the link again each time you visit this website.

Here you will find further information on the use of data by Google Inc.: 

• https://policies.google.com/privacy/partners?hl=en (data collected from Google partners)
• https://adssettings.google.de/authenticated (settings via advertising that is displayed to you)
• https://policies.google.com/technologies/ads?hl=en (Use of cookies in ads)

  

Data privacy statement for the use of Twitter

Twitter functions are integrated into this website. These functions are provided by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. Through the use of Twitter and the "re-tweet" function, the web pages which you visit will be linked to your Twitter account and made known to other users. In the process, data will also be transferred to Twitter. Please note that the operators of this website are not aware of the content of the transmitted data or its use by Twitter. For more information on Twitter's data privacy statement, please go to http://twitter.com/privacy.

Your privacy preferences with Twitter can be modified in your account settings at http://twitter.com/account/settings

 

Privacy policy for the use of YouTube and embedded YouTube videos

This website uses features of YouTube to play embedded videos. The use of YouTube requires a connection to YouTube's servers in the USA. This transfers certain information to YouTube. For the YouTube videos embedded on our website, the advanced privacy mode offered by YouTube is enabled. This means that YouTube only stores information about a visitor on our website if that visitor decides to play an embedded video. In this case, YouTube may also store cookies on the visitor's device. We have no control over the collection and storage of information by YouTube and have no knowledge of the information collected. You should carefully review YouTube's privacy policy before using YouTube's features.

For more information about YouTube's collection, use and rights regarding your information, please see YouTube's privacy policy at https://www.google.com/intl/de/policies/privacy/

 

Storage duration

Unless specifically stated, we only store personal data for as long as is necessary to fulfil the purposes pursued.

In some cases, the legislator provides for the storage of personal data, for example in tax or commercial law. In these cases, the data will only be stored by us for these legal purposes, but will not be processed in any other way and deleted after expiry of the legal retention period.  

 

Rights of the User

As a user, you have the right to request free information on what personal data has been stored about you. You also have the right to have incorrect data corrected and to have your personal data subject to processing restrictions or deleted. If applicable, you may also assert your right to data portability. If you believe that your data has been processed unlawfully, you can lodge a complaint with the competent supervisory authority.

 

Deletion of data

Unless your request conflicts with a legal obligation to save data (e.g., data retention), you have a right to have incorrect data corrected and your personal data blocked or deleted. Data stored by us will be deleted if it is no longer required for its intended use and there are no legal retention periods. If deletion is not possible because the data is required for legal purposes, data processing will be restricted. In this case, the data will be blocked and not processed for other purposes.

 

Data security

We make every effort to ensure the security of your data in accordance with the applicable data protection laws and technical possibilities. 

Your personal data will be transmitted encrypted. This applies to your orders and also to the customer login. We use the SSL (Secure Socket Layer) coding system, but point out that data transmission over the Internet (e.g. communication by email) can have security gaps. It is not possible to fully protect data from third-party access.

To secure your data, we maintain technical and organisational security measures in accordance with Art. 32 GDPR, which we constantly adapt to the state of the art. 

Furthermore, we do not guarantee that our offer will be available at certain times; disruptions, interruptions or failures cannot be ruled out. The servers we use are regularly and carefully secured.

 

The right of objection

Users of this website may exercise their right of objection and object to the processing of their personal data at any time. 

If you wish to have your personal data stored corrected, blocked or deleted, or if you have any questions regarding the collection, processing or use of your personal data, or if you wish to withdraw your consent, please contact the following email address: team@archiware.com