Data Privacy Statement of PBS Software GmbH

As a result of the EU General Data Protection Regulation (referred to in the following as "GDPR") coming into effect, additional obligations are imposed on us to ensure the protection of personal data that is processed for an affected person, also including the obligation to inform those affected in a transparent manner (see Article 13 and 14 GDPR). This applies in particular with regard to the type, scope, purpose, duration, and legal basis of the processing insofar as we decide either alone or together with others as responsible party about the purpose and means of processing.

We gladly fulfill these obligations by informing you in the following about the processing of your personal data, meaning all information that can be used to identify you as an individual person (see Article 4 No. 1 GDPR, referred to in the following mostly as just “data”), for example, name, address, email addresses, user behavior when using our website www.pbs-software.com, as well as the applications and functions available there.

The controller within the meaning of the GDPR and other national data protection laws of the EU countries and any other legal data protection regulations is:

PBS Software GmbH
Schwanheimer Strasse 144a
64625 Bensheim
Germany

Phone: +49 6251/174-0
Email: infopbs-softwarecom
Website: https://www.pbs-software.com

The company data protection officer is:

Dr. Jörg Löw
Schwanheimer Strasse 144a
64625 Bensheim
Germany

Email: datenschutzpbs-softwarecom

1. Description and scope of data processing

Every time our website is accessed our system automatically collects data and information from the computer system of the calling computer. The following data will be collected:

• IP address of the calling system
• time of access
• target address that was requested ("Request")
• status code provided by the server
• volume of data delivered by the server in bytes
• URL of previous page ("Referrer") if transferred by browser
• user agent if transferred by browser

The data is also stored in the log files in our system. The storage of this data together with other personal data of the user does not take place.

2. Legal basis for data processing

The legal basis for this temporary storage of data and log files is Article 6 paragraph 1 lit. f GDPR.

3. Purpose of data processing

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. To do this, the user's IP address must remain stored for the duration of the session.

Storage in log files serves to ensure the functionality of the website. We also use the data to optimize the website and to guarantee the security of our IT systems. The data is not evaluated for marketing purposes in this context.

These purposes also justify our legitimate interest in data processing in accordance with Article 6 paragraph 1 lit. f GDPR.

4. Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. In the case of collecting the data for the provision of our website, this is the case when the respective session is over.

Where data is stored in log files, this is the case after a maximum of thirty days. Further storage is permitted. In such cases, users’ IP addresses will be deleted or distorted such that the data can no longer be assigned to the requesting client.

5. Objection and removal options

The collection of data for the provision of the website and the storage of the data in log files is essential for the operation of the website. The user therefore has no opportunity to raise objections

1. Description and scope of data processing

Our website uses cookies. Cookies are small text files that are stored on the internet browser or on the user’s computer system by the internet browser. If a user accesses a website, a cookie may be stored on the user’s operating system. This cookie contains a string that allows the browser to be identified clearly when the website is accessed again.

We use cookies to make our website more user-friendly. For some website elements, it must be possible to identify the requesting browser even after the user has moved to a different page (technically required cookies).

We additionally use cookies on our website that enable us to analyze the surfing behavior of our users (analysis cookies). User data that is collected in this way is processed pseudonymously by technical means. The data is not saved together with other personal data of the user.

When calling our website, users are informed about the use of cookies via an information banner and are referred to this data privacy statement. The majority of browsers accept cookies. However, you can configure your browser in such a way that no cookies are saved on your computer or that a prompt is always displayed before a new cookie is created. Completely deactivating cookies may however have the result that you are not able to use all functions of our website.

We currently use the following technically necessary cookies on our website:

2. Legal basis for data processing

The legal basis for the processing of data using cookies is Article 6 paragraph 1 lit. f GDPR.

3. Purpose of data processing

The purpose of using technically necessary cookies is to make it easier for users to use web sites. Some functions on our website cannot be offered if cookies are not used, in particular the user registration. For these, it must be possible to recognise the browser even after the user has moved to a different page. The user data collected by technically necessary cookies is not used to create user profiles.

Analysis cookies are used for the purpose of improving the quality of our website and its content. By using analysis cookies, we find out how the website is used and are able to continuously optimize our offering.

These purposes also justify our legitimate interest in data processing in accordance with Article 6 paragraph 1 lit. f GDPR.

4. Storage period, opportunity to object and delete

Cookies are stored on the user’s computer and data is transmitted to our website from there. Therefore, as a user you have full control over the use of data by cookies. You can deactivate or restrict the transfer of cookies by amending the settings on your internet browser. You can delete stored cookies at any time. This can also be done automatically. If cookies are deactivated for our website, users may not be able to use all of the website’s functions in full.

1. Description and scope of data processing

On our website we provide our users the option to register by specifying personal data. The data is entered in an input screen and is transmitted to us and saved. Transfer of the data to third-parties does not occur. The following data is collected within the registration process:

• title, first name, and last name
• email address
• name and address of the company for which the user is working

Furthermore, the user can provide the following additional data on a voluntary basis

• title
• department, position
• phone number, mobile number and fax number
• subscription to newsletters (see also section "Newsletter")

In addition, the following data is stored for the registration:

• date and time of registration
• time and date of last logon
• date and time of last change of the data
• user authorization for certain functions of the website that are exclusively aimed at employees of partner companies or customers that have signed a maintenance contract with us.

User's consent to the processing of data is obtained in the registration process.

2. Legal basis for data processing

The legal basis for processing data is Article 6 paragraph 1 lit. a GDPR if the user grants consent.

3. Purpose of data processing

Registration of a user is required in order to provide certain content and services on our website. This applies, for example, to information and functions of our website that are specifically aimed at employees of partner companies or at customers that have signed a maintenance contract with us.

4. Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. This is the case for the data collected during the registration procedure if the registration on our internet site is canceled or modified.

5. Objection and removal options

As a user you have the possibility to cancel your registration at any time. You can modify the data saved about you at any time.

Cancellation of your registration also includes cancellation of the newsletter (see below).

1. Description and scope of data processing

In addition, it is possible to subscribe to a free newsletter as an extension of the registration that is sent to your registered email address.

Before sending you the newsletter, you must explicitly confirm to us within the scope of the so-called double opt-in process that we should activate the newsletter service for you. After registration to the newsletter, you receive an email from us for authorization, in which we ask you to click on the link that it contains in order to confirm that you really would like to receive our newsletter. When registering for the newsletter, we save your IP address and the date of registration. This storage is only used as a means of proof for the case in which a third-party misuses an email address and registers to receive the newsletter without the knowledge of the authorized user.

No transfer of data to third parties takes place within the context of data processing for the sending of newsletters. The data is used exclusively for sending the newsletter.

We use measures in our newsletter to measure success and reach. The information that is generated when doing this is used to improve our services from a technical perspective using the technical data or the target groups and their reading behavior based on the locations from which they are calling or the access times. The statistical data that is collected also includes determination of whether the newsletter can be opened and which links are clicked. Rather, evaluation of this data is used to understand the reading behavior of our users and to adapt the content to suit them, or to send different content according to the interests of our users. The data that is generated when doing this is anonymized, meaning that it is not possible to identify individual users.

2. Legal basis for data processing

The legal basis for processing data after the registration to the newsletter for the user is Article 6 paragraph 1 lit. a GDPR if the user grants consent.

3. Purpose of data processing

The user’s email address is collected to send the newsletter. Other data collected in the registration process is used to prevent an abuse of the services or the email address used. The processing of data regarding reading behavior (reach and measurement of success) is used to improve the service and to provide users a more user-friendly offering.

4. Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. The user’s email address is therefore stored as long as the user remains subscribed to the newsletter. Specific data for sending a newsletter is saved for 30 days from the time of sending. 

5. Objection and removal options

The user may unsubscribe from the newsletter at any time. A link is provided in each newsletter for this purpose.

The newsletter can be canceled independent of the registration to our website.

1. Description and scope of data processing

There is a contact form on our website that can be used to contact us electronically. If the user makes use of this option, the data entered on the input screen is transmitted to us and stored. This data is:

• name
• company
• email address
• message

The following data is also stored when the message is sent:

• logon language of website when filling in the form
• date and time of sending

Your consent to the processing of data is obtained and reference is made to this data protection statement in the transmission process.

Alternatively, it is possible to make contact via the email address provided. In this case the personal data transmitted with the user's email will be stored.

Within this context, there is no disclosure of data to third parties. The data is exclusively used for performing the conversation and processing the inquiry.

2. Legal basis for data processing

The legal basis for processing data is Article 6 paragraph 1 lit. a GDPR if the user grants consent. The legal basis for the processing of the data transmitted during the course of sending an email is Article 6 paragraph 1 lit. f GDPR. If the email content has the purpose of concluding a contract, then the legal basis for the processing is Article 6 paragraph 1 lit. b GDPR.

3. Purpose of data processing

The personal data from the input screen is processed solely to process the inquiry. If contact is made by email, this also constitutes the required legitimate interest in the processing of data.

The other personal data processed during the sending process serves to prevent abuse of the contact form and to ensure the security of our information technology systems.

4. Duration of storage

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. For the data from the input screen of the contact form and the data sent by email, this is the case when the respective conversation with the user has terminated. The conversation is terminated when it can be inferred from the circumstances that the relevant facts have been finally clarified.

5. Objection and removal options

The users are free at all times to withdraw their consent to the processing of personal data. If users contact us by email, they may object to the storage of their personal data at any time. In this case, existing data will be erased. In such a case the conversation cannot be continued.

1. Scope of processing of personal data

We use open source software tool Matomo (formerly PIWIK) on our website to analyze the surfing behavior of our users. The software sets a cookie on the user’s computer (for more information on cookies, see above). When individual pages of our website are called, the following data is saved:

• the first two bytes of the IP address of the calling system
• time of visit
• URL and title of website called
• URL of previous page ("Referrer") if transferred by browser
• screen resolution
• local time zone
• files that were clicked and downloaded
• links to external domains that were clicked
• duration of the page generation
• location (country, region, town, rough coordinates)
• main language determined by the browser
• user agent information determined by the browser (based on this the following is determined if possible: browser, operating system, device type, manufacturer and model)
• search terms entered

The software runs exclusively on the servers of our website for this. The user’s personal data is only saved there. Transfer of the data to third-parties does not occur.

The software is configured in such a way that the users' IP addresses are not completely saved. Instead, 2 bytes of the IP address are masked (example: 192.168.xxx.xxx). This means that the assignment of the shortened IP address to the calling computer is no longer possible.

2. Legal basis for the processing of personal data

The legal basis for the processing of data is Article 6 paragraph 1 lit. f GDPR.

3. Purpose of data processing

The processing of users’ data enables us to analyze the surfing behavior of our users. By analyzing the data that we obtain, we are able to compile information about how individual components of our website are used. This helps us to continuously improve our website and its usability. These purposes also justify our legitimate interest in data processing in accordance with Article 6 paragraph 1 lit. f GDPR. Through anonymization of the IP address we adequately protect personal data in the interest of our users.

4. Duration of storage

The data will be deleted as soon as it is no longer necessary for our recording purposes. In our case this happens after 90 days.

5. Objection and removal options

For information on how to deactivate cookies, see above under §4.4.

We offer our users the possibility to opt out of the analysis procedure on our website. In this way, a further cookie is set in your system that signals to our system that the data of the user is not to be saved. If the users subsequently delete the respective cookie from their own system, they must set the opt-out cookie again.

1. Scope of processing of personal data

This website uses the service "Google Analytics" provided by Google LLC for the analysis of website usage by users. Responsible service provider in the EU is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). The service uses cookies - text files that are stored on your end device. Information collected via these cookies is generally transmitted to a Google server in the USA and stored there. Google LLC with headquarter in California, USA, and US American authorities may have access to data stored at Google Ireland Limited.

IP anonymization is active on this website. The IP address of the users is shortened within the Member States of the EU and the European Economic Area. Due to such shortening, the personal reference to your IP address is eliminated. Only in exceptional cases, the full IP address is transferred to a Google server in the USA and shortened there.

2. Legal basis for the processing of personal data

The legal basis for the processing of user data is Article 6 paragraph 1 lit. a GDPR.

Please note that a transfer of data to the USA cannot be excluded. The USA is a country that does not provide an adequate level of data privacy. There is a risk that your data can be processed by US authorities for control and monitoring purposes perhaps without having judicial remedies.

3. Purpose of data processing

In line with the data processing agreement the website operators have entered into with Google, Google compiles an analysis of website usage and website activity by means of collected data and provides services connected to the use of the internet. This helps us to constantly improve our website and its user-friendliness. By the anonymization of the IP address the user's interest in the protection of personal data is sufficiently taken into account.

4. Objection and removal options

For information on how to deactivate cookies, see above under §4.4.

By using a browser plugin, you can prevent that information collected by cookies (including your IP address) is sent to Google and is exploited by Google Ireland Limited. The following link will take you to the respective plugin: https://tools.google.com/dlpage/gaoptout?hl=en

Alternatively, by clicking on the below link, you prevent Google Analytics within this website from data collecting about you. By clicking on the link above you download an "opt-out cookie". Your browser must therefore allow the storage of cookies in principle. If you delete your cookies regularly, you will need to click on the link each time you visit this website.

Here is more information on data usage by Google: https://support.google.com/analytics/answer/6004245?hl=en

YouTube videos and social networks (Facebook, Twitter, LinkedIn, XING and Instagram) are only embedded as a link to the respective services on our website. After clicking on the integrated text/image link, you will be redirected to the website of the respective service provider. User information is only transferred to the respective service provider after it has been forwarded. More information on handling your personal data when using these websites can be found in the privacy policies of the service providers used

If your personal data is processed you are a data subject in the sense of the General Data Protection Regulations and you have the following rights with respect to us as the controller:

1. Right to information

You may request confirmation from us as to whether personal data concerning you is processed by us.

If such processing does take place you have the right to demand the following information from the controller:

• the purpose for which the personal data is processed;
• the categories of personal data that is processed;
• the recipients or categories of recipients to whom your personal data has been disclosed or is still being disclosed;
• the intended duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
• the existence of a right to rectify or delete your personal data, a right to restrict processing by the controller, or a right to object to such processing;
• the existence of a right of appeal to a supervisory authority;
• all available information on the source of the data if the personal data is not collected from you as the data subject;
• the existence of automated decision-making including profiling according to Article 22 paragraph 1 and 4 GDPR and – at least in these cases – meaningful information about the involved logic as well as the scope and intended implications of such processing for the person concerned.

You have the right to request information about whether your personal data is transmitted to a third country or international organisation. In this connection you may request to be informed of the appropriate guarantees in accordance with Article 46 GDPR in connection with the transfer.

2. Right to rectification

You have a right to rectification and/or completion if the personal data processed which affect you are incorrect or incomplete. We shall undertake such rectification without delay.

3. Right to restriction of processing

You may request the restriction of the processing of your personal data under the following conditions:

• if you object to the accuracy of your personal data for a period of time that enables the controller to verify the accuracy of your personal data;
• the processing is unlawful and you refuse the deletion of the personal data and instead demand the restriction of the use of the personal data;
• the controller no longer needs the personal data for the purposes of processing, but you need it to assert, exercise or defend your rights, or
• if you object to the processing in accordance to Article 21 paragraph 1 GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.

If the processing of your personal data has been restricted, this data may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of the EU, or a member state.

If the restriction of the processing is in accordance with the conditions described above, you will be advised by the controller prior to the lifting of the restriction.

4. Right to erasure

a) Deletion obligation

You may demand from the controller that your personal data is deleted with immediate effect and the controller is required to delete that data immediately if any of the following reasons is applicable:

• Your personal data is no longer necessary for purposes for which they were collected or otherwise processed.
• You revoke your consent upon which the processing referred to Article 6 paragraph 1 lit. a or Article 9 paragraph 2 lit. a GDPR was based and there is no other legal basis for the processing.
• You object to the processing referred to Article 21 paragraph 1 GDPR and there are no higher level legitimate grounds for the processing or you object to the processing referred to Article 21 paragraph 2 GDPR.
• Your personal data was being processed unlawfully.
• The deletion of your personal data is required to fulfill a legal obligation in accordance with the EU law or EU member state law.

• The personal data concerning you has been collected in relation to the offer of information society services referred to in Article 8 paragraph 1 GDPR.

b) Disclosure of information to third parties

If the controller has made your personal data public and is obliged to delete said data in accordance to Article 17 paragraph 1 GDPR, the controller shall take appropriate measures including technical actions and implementation costs to inform the data controllers who are responsible for processing personal data that you as a person affected have demanded the deletion of all links to said personal data or the deletion of copies and replications of said personal data.

c) Exceptions

The right of deletion does not exist if the processing is necessary

• in order to exercise the right to freedom of expression and information;
• for compliance with a legal obligation which requires processing by EU law or EU member state law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
• for reasons of public interest in the field of public health referred to Article 9 paragraph 2 lit. h and i and Article 9 paragraph 3 GDPR;

• to assert, exercise or defend legal claims.

5. Right to information

You have the right to rectify, delete or restrict the processing and the controller is obliged to notify all recipients to whom your personal data has been disclosed of this correction or deletion of the data or restriction of processing unless this proves to be impossible or involves an unreasonable amount of effort.

You have the right to be informed by the controller about such recipients.

6. Right to data portability

You have the right to receive your personal data that you have provided in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another responsible person without hindrance by the controller to whom the personal data was provided insofar as

• the processing is based upon consent in accordance with Article 6 paragraph 1 lit. a GDPR or Article 9 paragraph 2 lit. a GDPR or a contract in accordance with Article 6 paragraph 1 lit. b GDPR, and
• the processing is done by automated means.

By exercising this right, you also have the right that your personal data is transmitted from the controller directly to another responsible person insofar as technically feasible. Freedoms and rights of other persons may not be affected by this.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority that has been delegated to the controller.

7. Right of objection

You have the right at any time for reasons due to your own personal circumstances to object against the processing of your personal data taking place in accordance with Article 6 paragraph 1 lit. e or f GDPR.

The controller shall no longer process your personal data unless he can demonstrate compelling legitimate grounds for processing which outweigh your interests, rights or freedoms or the processing is for the purpose of asserting, exercising or defending legal claims.

If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purpose of such marketing.

If you object to processing for direct marketing purposes, your affected personal data will no longer be used for these purposes.

Within the context of the use of services of the information society, you are able to exercise your right of objection via automated procedures for which technical specifications are used – notwithstanding directive 2002/58/EC.

8. Right to revoke data protection consent declaration

You have the right to revoke your data protection consent declaration at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of that consent until time of revocation.

9. Right to complain to a supervisory authority

Without prejudicing any other administrative or judicial remedy, you have the right to object to a supervisory authority, in particular in the member state of your residence, place of work or place of alleged infringement, if you believe that the processing of your personal data violates GDPR provisions.

The supervisory authority to which the complaint is submitted shall inform the complainant of the status and results of such complaint, including the possibility of a judicial remedy pursuant to Article 78 GDPR.

The most current version of this data privacy statement is in effect. These regulations were last updated on 03.11.2021.