Effective: June 6, 2019

1.  Introduction

This Website Privacy Notice applies to the use of the website www.sapcorda.com.

2.  Data Controller

The responsible data controller for any personal data collected and processed in connection with the use of the website www.sapcorda.com is Sapcorda Services GmbH, Karlplatz 7, 10117 Berlin, Germany, tel.: +49 (0)30 95 99 833 30, fax.: +49 (0)30 95 99 833 66, e-mail address: [email protected] (“Sapcorda“; “we“; “us“; “our“).

3. Data Protection Officer

If you have any questions etc. about or in connection with this Website Privacy Notice or would like to complain about our handling of your personal data or exercise any of your rights (see 8. below), please contact us by using the above contact details or contact our data protection officer by using the following contact details:

Email: [email protected]
Ordinary mail: Sapcorda Services GmbH, Karlplatz 7, 10117 Berlin

4. Data Subjects

This Privacy Notice applies to the collection and processing of personal data of users of the website www.sapcorda.com.

5.  Categories of Data, Purposes of the Processing and Legal Basis

We collect and process your personal data only for the following purposes. We process your personal data for other purposes only if we are obligated to do so on the basis of legal requirements (e.g., transfer to courts or criminal prosecution authorities), if you have consented to the respective processing or if the processing is otherwise lawful under applicable law. If processing for another purpose takes place we may provide you with additional information.

5.1  Website – To allow users to access and browse our website (it is technically required that we process certain data transmitted by the browser used to access and browse our website). To conduct purchases and transactions on our website.

In this context, we process the following categories of personal data: IP address, date and time of the access request, time zone difference to Greenwich Mean Time (GMT), content of the request (specific page), access status/HTTP status code, the data volume transferred, website from which the access request is made, browser, operating system, language and version of the browser software.

We process the respective personal data on the basis of our legitimate interests (Art. 6 (1) (f) GDPR): The processing is technically required to let you access and browse the website.

5.2 Newsletter – To allow users to subscribe to our newsletter and provide users with newsletters.

In this context, we process the following categories of personal data: email address, IP address, date and time of signup, time zone difference to Greenwich Mean Time (GMT), and email preferences.

We process the respective personal data on the basis of our legitimate interests (Art. 6 (1) (f) GDPR): The processing is necessary to answer the respective request of the website user which otherwise cannot be fulfilled.

5.3 Web analytics – To maintain, improve, and analyze the website, apps, ads, and products and services offered and to create reports on website activity with the help of Google Analytics (with regard to the use of cookies see below under 10).

In this context, we process the following categories of personal data: IP address (truncated), HTTP request of the user, browser and system information, language, referrer, etc.

The IP address is truncated as IP-anonymization is activated on this website, your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP address will be first transferred to a Google server in the USA and truncated there.

The IP-address, that your browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google.

The following third party cookies could potentially be used in connection with Google Analytics: __gat; __ga;  _gid; AMP_TOKEN; _gac_; __utma; __utmb; __utmc; __utmt; __utmt_b; __utmz. More detailed information on the cookies provided by Google can be found under: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage.

Consent (Art. 6 (1) (a) GDPR) is the legal basis for the deployment of cookies on the device used by the website user to access this website and also for the related collection and processing of personal data.

5.4  Online applications – To allow users to apply for jobs via an online form.

In this context, we may process the following categories of personal data: first name, last name, email address, phone number and email message.

Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (Art. 6 (1) (b) GDPR).

6. Recipients and Categories of Recipients

Any access to your personal data at Sapcorda is restricted to those individuals that have a need to know in order to fulfill their job responsibilities.

6.1  Private third parties – Affiliated or unaffiliated private bodies other than us, such as Sapcorda Services USA, Inc., 8687 E. Via de Ventura, Scottsdale, AZ 85258, USA for requests for quotation submitted via the contact form on our website.

6.2 Data processors – Certain third parties, whether affiliated or unaffiliated, may receive your personal data to process such data on behalf of Sapcorda under appropriate instructions as necessary for the respective processing purposes. The data processors will be subject to contractual obligations to implement appropriate technical and organizational security measures to safeguard the personal data, and to process the personal data only as instructed. In particular, we use the following data processor(s): Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

6.3  Governmental authorities, courts, external advisors, and similar third parties that are public bodies as required or permitted by applicable law.

7. Cross-Border Data Transfer

Some of the recipients of your personal data will be located or may have relevant operations outside of your country and the EU, such as in the USA, where the data protection laws may provide a different level of protection compared to the laws in your jurisdiction and with regard to which an adequacy decision by the European Commission does not exist. The countries which provide an adequate level of data protection from an European data protection law perspective include Andorra, Argentina, Canada, Switzerland, Faeroe Islands, Guernsey, the State of Israel, Isle of Man, Jersey, New Zealand and the Eastern Republic of Uruguay. Recipients in the USA may partially be certified under the EU-U.S. Privacy Shield and thereby recognized as providing an adequate level of data protection from a European data protection law perspective. With regard to data transfers to such recipients outside of the EU we provide appropriate safeguards, in particular, by way of entering into data transfer agreements adopted by the European Commission (e.g. Standard Contractual Clauses (2010/87/EU and/or 2004/915/EC)) with the recipients or taking other measures to provide an adequate level of data protection. A copy of the respective measure we have taken is available via our data protection officer (see Section 3 above).

Sapcorda Services USA, Inc. and Google Inc. are located in a non-EU country without an adequacy decision of the European Commission. We have entered into a data transfer agreement based on the Standard Contractual Clauses 2004/915/EC with Sapcorda Services USA, Inc.

8.  Storage Period

Your personal data is stored by Sapcorda and/or our service providers, to the extent necessary for the performance of our obligations and for the time necessary to achieve the purposes for which the personal data is collected, in accordance with applicable data protection laws. When Sapcorda no longer needs to process your personal data, we will erase it from our systems and/or records and/or take steps to properly anonymize it so that you can no longer be identified from it (unless we need to keep your information to comply with legal or regulatory obligations to which Sapcorda is subject. E.g., personal data contained in contracts, communications, and business letters may be subject to statutory retention requirements, which may require retention of up to 10 years. If applicable, any other personal data will in principle be deleted 5 years after the termination of the respective related contractual relationship between you and Sapcorda, if applicable). Please find below more detailed information for the data categories described in Section 5.1 above.

8.1  Website. We process the respective personal data for the time period during which you access and browse our website.

8.2  Newsletter. We process the respective personal data for the time period during which you have subscribed to our newsletter.

8.3 Web analytics. The cookies used on the site could potentially have a lifespan of up to 2 years.

8.4 Online applications. We process the respective personal data for the time period during which the application process is ongoing and [3] months after the application process has been completed.

9. Your Rights

If you have declared your consent for any personal data processing activities, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.

Pursuant to applicable data protection law you may have the right to: request access to your personal data, request rectification of your personal data; request erasure of your personal data, request restriction of processing of your personal data; request data portability, and object to the processing of your personal data. Please note that these aforementioned rights might be limited under the applicable national data protection law. For further information on these rights please refer to the Appendix Your Rights.

You also have the right to lodge a complaint with the competent data protection supervisory authority. To exercise your rights please contact us as stated in Section 2 above.

10. Cookies and similar technologies

10.1 Cookies. When you use our website, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits of our website. Your web browser may provide you with some options regarding cookies. Please note that if you delete, or choose not to accept, cookies, you may not be able to utilize the features of the services provided via our website to their fullest potential. We may use third party cookies in connection with the services provided via our website as well. For instance, we use Google Analytics to collect and process certain analytics data. We may not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who visit our website or use the services provided via our website.

10.2 How we use cookies and similar technologies, in particular, for profiling. We may use cookies and automatically collected information to: (i) monitor and analyze the effectiveness of our website and the services provided via our website and third-party marketing activities on the basis of profiling; (ii) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (iii) track your entries, submissions, and status in any promotions or other activities offered through our website and the services provided via our website (profiling). Tracking technology (profiling) also helps us manage and improve the usability of the website, (a) detecting whether there has been any contact between your computer and us in the past and (b) to identify the most popular sections of the website.

10.3 Google Analytics. This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. Google will use this information on behalf of the operator of this website for the purpose of profiling by evaluating your use of the website, compiling reports on website activity for the website operator and providing the website operator with other services relating to website activity and internet usage. For more information on how Google uses your data when you use this website please visit: https://www.google.com/intl/en/policies/privacy/partners/.

10.4 Refusal and Opt-Out. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Add-on for your current web browser: https://tools.google.com/dlpage/gaoptout?hl=en-GB.

11. Changes to the Website Privacy Notice

This Website Privacy Notice may require an update from time to time – e.g. due to the implementation of new technologies or the introduction of new services. We reserve the right to change or supplement this Website Privacy Notice at any time. We will publish the changes on /privacy-notice/ and/or inform you accordingly (e.g., via email).

Appendix Your Rights

(a) Right of access: You may have the right to obtain from us confirmation as to whether or not personal data concerning you is processed, and, where that is the case, to request access to the personal data. The access information includes – inter alia – the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipients to whom the personal data have been or will be disclosed. However, this is not an absolute right and the interests of other individuals may restrict your right of access. The right of access is limited pursuant to Section 34 FDPA. The right of access does e.g. not apply if the data (a) were recorded only because they may not be erased due to legal or statutory provisions on retention, or (b) only serve the purposes of monitoring data protection or safeguarding data, and providing information would require a disproportionate effort, and appropriate technical and organizational measures make processing for other purposes impossible.

You may have the right to obtain a copy of the personal data undergoing processing. For further copies requested by you, we may charge a reasonable fee based on administrative costs.

(b) Right to rectification: You may have the right to obtain from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

(c) Right to erasure (“right to be forgotten”): Under certain circumstances, you may have the right to obtain from us the erasure of personal data concerning you and we may be obliged to erase such personal data. Such right to erasure does pursuant to Section 35 FDPA, for instance, not apply if in the case of a non-automated processing erasure would be impossible or would involve disproportionate effort due to the specific mode of storage and if your interest in erasure can be regarded as minimal. In such case, you may have the right to restriction of processing.

(d) Right to restriction of processing: Under certain circumstances, you may have the right to obtain from us restriction of processing your personal data. In this case, the respective data will be marked and may only be processed by us for certain purposes.

(e) Right to data portability: Under certain circumstances, you may have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit those data to another entity without hindrance from us.

(f) Right to object: Under certain circumstances, you may have the right to object, on grounds relating to your particular situation at any time to the processing of your personal data by us and we can be required to no longer process your personal data.

Moreover, if your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. In this case your personal data will no longer be processed for such purposes by us.