This privacy policy explains the nature, scope, and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the associated websites, functions, and content, as well as external online presences, such as our social media profiles. (hereinafter collectively referred to as “online offering”). With regard to the terms used, such as “processing” or “controller,” we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Person responsible

Marvin Rendler
Esslinger Straße 83
D-73207 Plochingen
ds@khoch3.de
Link to legal notice: https://www.medina-software.de/impressum/

Types of data processed:

– Inventory data (e.g., names, addresses).
– Contact details (e.g., email, phone numbers).
– Content data (e.g., text entries, photographs, videos).
– Usage data (e.g., websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).

Categories of data subjects 

Visitors and users of the online offering (hereinafter, we also refer to the persons concerned collectively as “users”).

Purpose of processing

– Provision of the online offering, its functions, and content.
– Responding to contact requests and communicating with users.
– Security measures.
– Reach measurement/marketing

Terms used

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); A natural person is considered identifiable if they can be identified, directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier (e.g., cookie), or one or more special characteristics that express the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

“Profiling” means any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The term is broad and covers virtually any handling of data.

The “Person responsible” is the natural or legal person, public authority, agency, or other body that, alone or jointly with others, determines the purposes and means of the processing of personal data.

“Pseudonymization” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

“Processor” means a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.

Relevant legal basis 

In accordance with Art. 13 GDPR, we hereby inform you of the legal basis for our data processing. If the legal basis is not mentioned in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 (1) (a) and Art. 7 GDPR, the legal basis for processing for the fulfillment of our services and the implementation of contractual measures as well as responding to inquiries is Art. 6 (1) (b) GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 (1) (c) GDPR, and the legal basis for processing to safeguard our legitimate interests is Art. 6 (1) (f) GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.

Security measures

In accordance with Art. 32 GDPR, we take appropriate technical and organizational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation, and the nature, scope, context, and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons.

These measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as access, input, transfer, availability, and separation. Furthermore, we have established procedures to ensure that data subjects’ rights are exercised, data is deleted, and responses are made to data breaches. Furthermore, we take the protection of personal data into account during the development and selection of hardware, software, and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR).

Cooperation with processors and third parties

If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transfer it to them, or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g., if the transfer of data to third parties, such as payment service providers, is necessary for the performance of a contract pursuant to Art. 6 para. 1 lit. b GDPR), you have given your consent, a legal obligation requires it, or it is based on our legitimate interests (e.g., when using agents, web hosts, etc.).

If we commission third parties to process data on the basis of a so-called “data processing agreement,” this is done on the basis of Art. 28 GDPR.

Transfers to third countries

If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of using third-party services or disclosing or transferring data to third parties, this will only take place if it is necessary for the fulfillment of our (pre)contractual obligations, on the basis of your consent, due to a legal obligation, or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or have the data processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection equivalent to that of the EU (e.g., for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

Rights of data subjects

You have the right to request confirmation as to whether the data in question is being processed and to obtain information about this data, as well as further information and a copy of the data in accordance with Art. 15 GDPR.

In accordance with Art. 16 GDPR, you have the right to request the completion of data concerning you or the correction of inaccurate data concerning you.

In accordance with Art. 17 GDPR, you have the right to request that the data concerned be deleted immediately or, alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.

You have the right to request that the data concerning you that you have provided to us be retained in accordance with Art. 20 GDPR and to request that it be transferred to other controllers.

You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 GDPR.

Right of withdrawal

You have the right to withdraw your consent in accordance with Art. 7 (3) GDPR with effect for the future.

Right of objection

You may object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. In particular, the objection may be lodged against processing for direct marketing purposes.

Cookies and the right to object to direct marketing

Cookies are small files that are stored on users’ computers. Various types of information can be stored in cookies. The primary purpose of a cookie is to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Temporary cookies, or “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online service and closes their browser. Such a cookie can store, for example, the contents of a shopping cart in an online shop or a login status. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent.” For example, the login status can be stored if users visit the site after several days. Such cookies can also store the interests of users, which are used for reach measurement or marketing purposes. Cookies that are offered by providers other than the controller operating the online offering are referred to as “third-party cookies” (otherwise, if they are only the controller’s cookies, they are referred to as “first-party cookies”).

We may use temporary and permanent cookies and provide information about this in our privacy policy.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in their browser’s system settings. Stored cookies can be deleted in the browser’s system settings. Excluding cookies may lead to functional restrictions of this online offer.

A general objection to the use of cookies for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website www.aboutads.info/choices/ or the EU website www.youronlinechoices.com. Furthermore, the storage of cookies can be achieved by disabling them in your browser settings. Please note that in this case, not all functions of this online offer may be available.

Deletion of Data

The data we process will be deleted or restricted in its processing in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no legal retention obligations preventing its deletion. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.

According to legal requirements in Germany, records must be retained for six years in particular in accordance with Section 257 (1) of the German Commercial Code (HGB) (trading books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with Section 147 (1) AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.).

According to legal requirements in Austria, records must be retained for 7 years in particular in accordance with Section 132 (1) BAO (accounting documents, receipts/invoices, accounts, vouchers, business papers, statements of income and expenditure, etc.), for 22 years in connection with real estate, and for 10 years for documents in connection with electronically provided services, telecommunications, radio, and television services provided to non-businesses in EU member states and for which the Mini One Stop Shop (MOSS) is used.

Business-related processing

In addition, we process
– Contract data (e.g., subject matter of the contract, term, customer category).
– Payment data (e.g., bank details, payment history)
from our customers, interested parties, and business partners for the purpose of providing contractual services, customer care, marketing, advertising, and market research.

Hosting

The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services, and technical maintenance services, which we use for the purpose of operating this online offering.

In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties, and visitors to this online offering on the basis of our legitimate interests in the efficient and secure provision of this online offering in accordance with Art. 6 (1) lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).

Collection of access data and log files

We, or our hosting provider, collect data about every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Art. 6 (1) lit. f. GDPR. The access data includes the name of the website accessed, the file, the date and time of access, the amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address, and the requesting provider.

Log file information is stored for security reasons (e.g., to investigate misuse or fraud) for a maximum of 7 days and then deleted. Data that must be retained for evidentiary purposes is excluded from deletion until the respective incident has been finally clarified.

Reach measurement with Matomo

As part of Matomo’s reach analysis, the following data is processed on the basis of our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering within the meaning of Art. 6 (1) lit. f. GDPR): the browser type and browser version you use, the operating system you use, your country of origin, date and time of the server request, number of visits, length of stay on the website, and external links clicked. The IP address of users is anonymized before it is stored.

Matomo uses cookies that are stored on the user’s computer and enable an analysis of the use of our online offering by the user. Pseudonymous user profiles can be created from the processed data. The cookies have a storage period of one week. The information generated by the cookie about your use of this website is only stored on our server and is not passed on to third parties.

Users can object to the anonymous collection of data by the Matomo program at any time with future effect by clicking on the link below. In this case, an opt-out cookie will be stored in your browser, which means that Matomo will no longer collect any session data. However, if users delete their cookies, this will also delete the opt-out cookie, which must then be reactivated by the users.

The logs containing user data are deleted after 6 months at the latest.

Agency services

We process our customers’ data within the scope of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, implementation of campaigns and processes/handling, server administration, data analysis/consulting services, and training services.

In doing so, we process inventory data (e.g., customer master data such as names or addresses), contact data (e.g., email, telephone numbers), content data (e.g., text entries, photographs, videos), contract data (e.g., subject matter of the contract, term), payment data (e.g., bank details, payment history), usage and metadata (e.g., in the context of evaluating and measuring the success of marketing measures). We do not process special categories of personal data as a matter of principle, unless these are part of commissioned processing. The data subjects include our customers, interested parties and their customers, users, website visitors or employees, as well as third parties. The purpose of processing is to provide contractual services, billing, and customer service. The legal basis for processing is Art. 6 (1) (b) GDPR (contractual services), Art. 6 (1) (f) GDPR (analysis, statistics, optimization, security measures). We process data that is necessary for the establishment and fulfillment of contractual services and point out the necessity of providing this data. Disclosure to external parties only takes place if it is necessary within the scope of an order. When processing the data provided to us within the scope of an order, we act in accordance with the instructions of the client and the legal requirements for order processing in accordance with Art. 28 GDPR and do not process the data for any purposes other than those specified in the order.

We delete the data after the expiry of statutory warranty and comparable obligations. The necessity of storing the data is reviewed every three years; in the case of statutory archiving obligations, the data is deleted after their expiry (6 years, in accordance with Section 257 (1) of the German Commercial Code (HGB), 10 years, in accordance with Section 147 (1) of the German Fiscal Code (AO)). In the case of data disclosed to us by the client within the scope of an order, we delete the data in accordance with the specifications of the order, generally after the end of the order.

Administration, financial accounting, office organization, contact management

We process data in the context of administrative tasks and the organization of our business, financial accounting, and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the context of providing our contractual services. The basis for processing is Art. 6 (1) (c) GDPR and Art. 6 (1) (f) GDPR. Customers, interested parties, business partners, and website visitors are affected by the processing. The purpose and our interest in the processing lies in administration, financial accounting, office organization, and data archiving, i.e., tasks that serve to maintain our business activities, perform our duties, and provide our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information specified in these processing activities.

We disclose or transfer data to the tax authorities, consultants, such as tax advisors or auditors, as well as other fee collection agencies and payment service providers.

Furthermore, based on our business interests, we store information about suppliers, event organizers, and other business partners, e.g., for the purpose of contacting them at a later date. We generally store this data, most of which is company-related, on a permanent basis.

Contact

When contacting us (e.g. via contact form, email, telephone, or social media), the user’s details are processed for the purpose of handling the contact request and its processing in accordance with Art. 6 (1) (b) GDPR. User details may be stored in a customer relationship management system (“CRM system”) or comparable inquiry organization system.

We delete the inquiries if they are no longer required. We review the necessity every two years; furthermore, the statutory archiving obligations apply.

Online presence on social media

We maintain online presences within social networks and platforms in order to communicate with customers, interested parties, and users who are active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.

Unless otherwise stated in our privacy policy, we process the data of users who communicate with us on social networks and platforms, e.g., by posting on our online presences or sending us messages.

Integration of third-party services and content

Within our online offering, we use third-party content or service offerings on the basis of our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering within the meaning of Art. 6 para. 1 lit. f. GDPR) We use content or service offerings from third-party providers to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).

This always requires that the third-party providers of this content recognize the IP address of the users, as they would not be able to send the content to their browsers without the IP address. The IP address is therefore necessary for the display of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. Pixel tags can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user’s device and may include technical information about the browser and operating system, referring websites, visit time, and other information about the use of our online offering, as well as be linked to such information from other sources.

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