Privacy policy

Definitions

Our privacy policy is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be legible and understandable for the general public, as well as for our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this privacy policy, we use, among others, the following terms:

A) Personal data

Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

B) Data subject

A data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.

C) Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

D) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

E) Profiling

Profiling means any form of automated processing of personal data consisting of the use of 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.

F) Pseudonymization

Pseudonymization is 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 are not attributed to an identified or identifiable natural person.

G) Controller or controller responsible for the processing

Controller or controller responsible for the processing is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

H) Processor

Processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

I) Recipient

Recipient is a natural or legal person, public authority, agency, or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

J) Third party

Third party is a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

K) Consent

Consent of the data subject is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Name and address of the controller

Fischer & Consultants Gesellschaft für Unternehmensberatung und Softwareentwicklung mbH

Zollstockgürtel 59

50969 Cologne

Germany

Tel.: +49 221-35086080

Email: info(at)appfact(dot)de

Website: www.appfact.de

Data protection officer

Stefan Olbrich

Olbrich Datenschutz

stefan@olbrich-datenschutz.de

Collection of general data and information

Our website receives a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files.

When using these general data and information, we do not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) statistically evaluate browsing behavior on this website and optimize the content of our website as well as its advertisements, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyberattack. Therefore, we analyze anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

Tracking and cookies

Our website uses so-called “cookies”. Cookies are text files containing specific information exchanged between the website and your browser. These include settings and states whose information is stored on your device. They do not cause any damage to your end device and are stored either temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your device.

Cookies can originate from us (first-party cookies) or from third-party companies (so-called third-party cookies). Third-party cookies are set by other companies whose services we integrate into this website. Cookies have various functions. Numerous cookies are technically necessary, as certain website functions would not work without them (e.g., the shopping cart function or the display of videos). Other cookies serve to evaluate user behavior or display advertisements.

Cookies that are required to carry out the electronic communication process (necessary cookies) or to provide certain functions you desire, or to optimize the website (e.g., cookies for measuring web audience) are stored on the basis of Art. 6 (1) (f) GDPR (legitimate interest), unless another legal basis is specified. The website operator has a legitimate interest in storing cookies for the technically error-free and optimized provision of its services. If consent to the storage of cookies was requested, the storage of the cookies concerned takes place exclusively on the basis of this consent (Art. 6 (1) (a) GDPR and § 25 (1) TDDDG); consent can be revoked at any time.

Technically necessary / required services

CCM19 – Consent management

To manage your cookie consents, we use the consent management tool CCM19 provided by Papoo Software & Media GmbH, Auguststr. 4, 53229 Bonn, Germany. CCM19 allows you to grant, manage, and revoke your consent for the cookies and services used on this website at any time.

When using CCM19, scripts and resources are loaded from cloud.ccm19.de (the provider’s CDN server). Your consent decision is stored in your browser’s local storage under the key ccm_consent for a duration of 1 year. No personal data is passed on to third parties.

Legal basis: Art. 6 (1) (f) GDPR (legitimate interest in legally compliant consent management).

Further information can be found in the provider’s privacy policy: https://www.ccm19.de/datenschutzerklaerung.html

Google Tag Manager

For reasons of transparency, we point out that we use the Google Tag Manager service (Google Ireland Limited, Gordon House, Barrow St, Dublin 4, Ireland). The Google Tag Manager allows us to manage website tags through an interface. The Tag Manager itself ensures that cookies are set, which under certain circumstances may collect data. Explanations regarding these respective third-party providers can be found in this privacy policy.

Media delivery via Microsoft Azure Blob Storage

Images and media files on this website are provided via a Microsoft Azure Blob Storage service under the domain fccosmos.blob.core.windows.net. This storage is operated by Fischer & Consultants GmbH in its own Azure account and is used exclusively for delivering website content (images, graphics).

Whenever a media file is requested, the visitor’s IP address is technically transmitted to the Azure server. No further processing or storage of personal data takes place. The connection is encrypted via HTTPS.

Provider of the underlying infrastructure: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, USA. Further information on data privacy at Microsoft can be found at: https://privacy.microsoft.com/en-us/privacystatement

Legal basis: Art. 6 (1) (f) GDPR (legitimate interest in the technical operation of the website and content delivery).

Analytical cookies

Google Analytics 4

Provided you have given your consent, we analyze your behavior on our website within the scope of analysis and personalization tracking and use the insights gained to optimize our website. Google Analytics 4 is a web analytics tool that helps website operators understand and analyze user interactions on their website. It collects data on website visits, including information on how users reach a website (e.g., via search engines, social media, ads, or directly), how they navigate the site, which pages they visit, and how long they stay on those pages.

Google Analytics 4 is a service of Google Ireland Limited, Gordon House, Barrow St, Dublin 4, Ireland. Google processes your data on our behalf. Our configuration of Google Analytics 4 does not allow Google to use the data collected via Google Analytics 4 to improve Google products and services. Information about the cookies used within the scope of Google Analytics 4 and their duration can be found here. Insofar as Google transfers personal data to third countries, this is done either in accordance with Art. 45 GDPR on the basis of an adequacy decision by the European Commission or on the basis of the EU Standard Contractual Clauses within the meaning of Art. 46 (2) (c) GDPR in their currently valid version, so that an appropriate level of data protection is guaranteed.

Advertising / Ads cookies

Google Ads Conversion Tracking

Google Ads Conversion Tracking is a service of Google Ireland Limited, Gordon House, Barrow St, Dublin 4, Ireland. If you reach our website via a Google advertisement that we run with Google Ads, a cookie for conversion tracking is set. This tells us the total number of users who clicked on our ad and performed an action associated with the conversion tracking tag. Conversion tracking serves to analyze and optimize the economic efficiency of our advertising measures and cannot lead to personal identification.

Storage of language settings

To improve the user experience of our website, we store your selected language setting in your browser’s local storage. This data is processed exclusively locally and is not passed on to third parties. The storage serves solely to correctly display the content in your preferred language and is not used for any other purposes.

Contact possibility via the website

Our website contains possibilities for quick electronic contact. If a data subject contacts our company via the contact form, the personal data transmitted by the data subject are automatically stored (name, email address, and optionally telephone number). Such personal data transmitted on a voluntary basis by a data subject to the controller are stored solely for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

Routine erasure and blocking of personal data

The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

Rights of the data subject

A) Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact an employee of the controller.

B) Right of access

Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her stored personal data at any time and a copy of this information.

Furthermore, the European directives and regulations grant the data subject access to the following information:

The purposes of the processing;

The categories of personal data concerned;

The recipients or categories of recipients to whom the personal data have been or will be disclosed;

Where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

The existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;

The existence of the right to lodge a complaint with a supervisory authority;

Where the personal data are not collected from the data subject, any available information as to their source.

C) Right to rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

D) Right to erasure (Right to be forgotten)

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

The data subject withdraws consent on which the processing is based according to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR, and where there is no other legal ground for the processing.

The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.

The personal data have been unlawfully processed.

The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

E) Right to restriction of processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.

The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use.

The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims.

The data subject has objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

F) Right to data portability

Each data subject shall have the right granted by the European legislator to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used, and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR, or on a contract pursuant to Art. 6 (1) (b) GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

G) Right to object

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Art. 6 (1) GDPR. This also applies to profiling based on these provisions.

Cases in which the right to object applies include:

The processing of personal data for direct marketing purposes.

The processing of personal data for scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

H) Automated individual decision-making, including profiling

Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.

I) Right to withdraw data protection consent

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

Data protection for applications and in the application procedure

The controller shall collect and process the personal data of applicants for the purpose of processing the application procedure. The processing is generally carried out digitally; paper documents are scanned and destroyed in a GDPR-compliant manner. If the controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal provisions. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased six months after notification of the refusal decision, provided that no other legitimate interests of the controller oppose the erasure. Other legitimate interest in this relation is, for example, a burden of proof in a procedure under the General Act on Equal Treatment (AGG).

Legal basis for the processing

Art. 6 (1) (a) GDPR serves as the legal basis 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 data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Art. 6 (1) (b) GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services.

Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6 (1) (c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of 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, hospital, or other third party. Then the processing would be based on Art. 6 (1) (d) GDPR.

Finally, processing operations could be based on Art. 6 (1) (f) GDPR. This legal basis is used for processing operations which are not covered by any of the above-mentioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

Legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Art. 6 (1) (f) GDPR, our legitimate interest is to carry out our business activity in favor of the well-being of all our employees and shareholders.

Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

Statutory or contractual provisions for the provision of the personal data; necessity for entering into a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g., tax regulations) or can also result from contractual provisions (e.g., information on the contractual partner). Sometimes it may be necessary to enter into a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded.

Before personal data is provided by the data subject, the data subject must contact an employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and the consequences of non-provision of the personal data.

Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.