Data Privacy

Thank you for your interest in our company. Data protection is of particular importance to the management of semiotis³ GmbH. The internet pages of semiotis³ GmbH can be used without giving any personal data. However, if a person concerned wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
The processing of personal data, such as the name, address, e-mail address or telephone number of a person concerned, is always carried out in accordance with the basic data protection regulation and in accordance with the country-specific data protection regulations applicable to semiotis³ GmbH. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, persons concerned will be informed of their rights by means of this data protection declaration.

1. Definitions
The privacy statement of semiotis³ GmbH is based on the terms used by the European guideline and regulation provider when the General Data Protection Regulation (GDPR) was issued. Our privacy statement should be easy to read and understand both for the public and for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this privacy statement:

a) Personal data
Personal data are all information relating to an identified or identifiable natural person (hereinafter “person concerned”). Identifiable is a natural person who can be identified directly or indirectly, in particular by allocation to an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

b) Person concerned
Person concerned is any identified or identifiable natural person whose personal data are processed by the party responsible.

c) Processing
Processing means any operation or series of operations carried out with or without the aid of automated procedures in relation to personal data, such as the recording, collection, organisation, sorting, storage, adaptation or modification, reading, retrieval, use, disclosure by transmission, dissemination or any other form of provision, comparison or linking, restriction, erasure or deletion.

d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.

e) Profiling
Profiling is any form of automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, behaviour, location or relocation of that natural person.

f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be allocated to a specific person concerned without the use of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data are not assigned to an identified or identifiable natural person.

g) Responsible party or responsible party for the processing
The responsible party or responsible party for the processing is the natural or legal person, public authority, institution or other body which alone or jointly with others decides on the purposes and means of processing personal data. Where the purposes and means of such processing are laid down by EU law or by the law of the member states, the responsible party or the specific criteria for its appointment may be laid down in accordance with EU law or the law of the member states.

h) Contract processor
A contract processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the responsible party.

i) Recipient
Recipient is a natural or legal person, authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, authorities which may receive personal data under EU law or the law of the member states within the framework of a particular investigation mandate shall not be regarded as recipients.

j) Third party
A third party is a natural or legal person, authority, institution or other body other than the person concerned, the responsibly party, the contract processor and the persons authorised to process the personal data under the direct responsibility of the responsible party or the contract processor.

k) Consent
Consent shall mean any informed and unequivocal expression of will voluntarily given by the person concerned in the particular case in the form of a declaration or other clear affirmative act by which the person concerned indicates his or her consent to the processing of personal data concerning him or her.

2. Name and address of the responsible party for the processing
The person responsible within the meaning of the General Data Protection Regulation, other data protection laws in force in the member states of the European Union and other provisions of a data protection nature is:

semiotis³ GmbH
Rheinstrasse 53a
42117 Wuppertal
Germany

Telephone +49 202 695 70 16
E-mail: info@semiotis.de
Website: www.semiotis.de

3. Collection of general data and information
The website of semiotis³ GmbH collects a series of general data and information each time a person or an automated system accesses the website. This general data and information is stored in the log files of the server. We may record (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the subwebsites which are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information used for security purposes in the event of attacks on our information technology systems.

When using this general data and information, semiotis³ GmbH does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimise the contents of our website and the advertising for it, (3) ensure the permanent functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. These anonymously collected data and information are therefore evaluated by semiotis³ GmbH statistically and with the aim of increasing data protection and data security in our company in order ultimately to ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.

4. Routine deletion and blocking of personal data
The responsible party shall process and store the personal data of the person concerned only for the time necessary to achieve the data retention purpose or to the extent provided for by the European regulator or other legislator in laws or regulations to which the responsible party is subject.

If the storage purpose ceases to apply or if a storage period prescribed by the European regulators or another competent legislator expires, the personal data is routinely blocked or deleted in accordance with the statutory provisions.

5. Rights of the person concerned

a) Right to confirmation
Every person concerned shall have the right granted by the European legislator of directives and regulations to require the responsible party to confirm whether personal data concerning him or her are being processed. If a person concerned wishes to exercise this right to confirmation, he or she may contact an employee of the responsible party at any time.

b) Right to information
Any person concerned by the processing of personal data shall have the right granted by the European legislator of directives and regulations to obtain, at any time and free of charge, information from the responsible party concerning the personal data relating to him or her stored and a copy of that information. Furthermore, the European regulator has granted the person concerned the following information:

• the processing purposes
• the categories of personal data to be processed
• the recipients or categories of recipients to whom the personal data have been or are still being disclosed, in particular recipients in third countries or international organisations
• if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
• the existence of a right of rectification or deletion of personal data concerning him or her or of a restriction on processing by the responsible party or of a right of opposition to such processing
• the existence of a right of appeal to a supervisory authority
• if the personal data are not collected from the person concerned: all available information about the origin of the data
• the existence of automated decision-making, including profiling in accordance with Article 22(1) and (4) GDPR, and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing for the person concerned

Furthermore, the person concerned has a right of access to information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the person concerned also has the right to obtain information on the appropriate guarantees in connection with the transfer.

If a person concerned wishes to exercise this right of access, he or she may contact an employee of the responsible party at any time.

c) Right to rectification
Any person concerned by the processing of personal data shall have the right granted by the European legislator of directives and regulations to request the immediate correction of inaccurate personal data concerning him or her. Furthermore, taking into account the purposes of the processing, the person concerned has the right to request the completion of incomplete personal data, including by means of a supplementary declaration.

If a person concerned wishes to exercise this right to rectification, he or she may contact an employee of the responsible party at any time.

d) Right to cancellation (right to be forgotten)
Any person concerned by the processing of personal data shall have the right granted by the European legislator of directives and regulations to require the responsible party that the personal data concerning him or her shall be deleted immediately, provided that one of the following reasons applies and insofar as the processing is not necessary:

• The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.
• The person concerned withdraws his or her consent on which the processing was based pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR and there is no other legal basis for the processing.
• The person concerned objects to processing under Article 21(1) GDPR and there are no overriding legitimate grounds for processing or the person concerned objects to processing under Article 21(2) GDPR.
• The personal data have been processed unlawfully.
• The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the responsible party is subject.
• The personal data was collected in relation to information society services offered in accordance with Article 8(1) GDPR.

If one of the above-mentioned reasons applies and a person concerned wishes to have personal data stored at semiotis³ GmbH deleted, he or she can contact an employee of the responsible party at any time. The employee of semiotis³ GmbH will arrange for the request for deletion to be complied with immediately.

If semiotis³ GmbH has made the personal data public and is obliged to delete the personal data in accordance with Article 17(1) GDPR, semiotis³ GmbH takes appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other parties responsible for data processing of the published personal data, that the person concerned has requested the deletion of all links to this personal data or of copies or replications of this personal data from these other parties responsible for data processing, insofar as processing is not necessary. The employee of semiotis³ GmbH will arrange for the necessary in individual cases.

e) Right to limitation of processing
Any person concerned by the processing of personal data shall have the right granted by the European legislator of directives and regulations to require the responsible party to restrict the processing if one of the following conditions is met:

• The accuracy of the personal data is disputed by the person concerned for a period which enables the responsible party to verify the accuracy of the personal data.
• The processing is unlawful, the person concerned refuses to delete the personal data and instead requests a restriction on the use of the personal data.
• The responsible party no longer needs the personal data for the purposes of the processing, but the person concerned needs them to assert, exercise or defend legal claims.
• The person concerned has lodged an objection to the processing pursuant to Article 21(1) GDPR and it has not yet been determined whether the legitimate reasons of the person concerned outweigh those of the person concerned.

If one of the above conditions is fulfilled and a person concerned wishes to request the restriction of personal data stored by semiotis³ GmbH, he or she may contact an employee of the responsible party at any time. The employee of semiotis³ GmbH will cause the processing to be restricted.

f) Right to data transferability
Any person concerned shall have the right granted by the European legislator to receive personal data relating to him or her provided by the person concerned to a responsible party in a structured, current and machine-readable format. It shall also have the right to transmit such data to another responsible party without obstruction by the responsible party to whom the personal data have been made available, provided that the processing is based on the consent provided for in Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract in accordance with Article 6(1)(b) GDPR and that the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task in the public interest or in the exercise of public authority conferred on the data responsible party.

Furthermore, in exercising his or her right to data transferability pursuant to Article 20(1) GDPR, the person concerned has the right to obtain that the personal data be transferred directly by one responsible party to another, provided this is technically feasible and provided that the rights and freedoms of other persons are not affected thereby.

To assert the right to data transferability, the person concerned can contact an employee of semiotis³ GmbH at any time.

g) Right of objection
Any person concerned by the processing of personal data shall have the right granted by the European legislator for reasons arising from their particular situation to object at any time to the processing of personal data concerning them under Article 6(1)(e) or (f) of the GRPR. This also applies to profiling based on these provisions.

In the event of an objection, semiotis³ GmbH will no longer process the personal data unless it can prove compelling reasons worthy of protection for the processing which outweigh the interests, rights and freedoms of the person concerned or the processing serves to assert, exercise or defend legal claims.

If semiotis³ GmbH processes personal data in order to carry out direct advertising, the person concerned has the right to object at any time to the processing of the personal data for the purpose of such advertising. This also applies to profiling insofar as it is connected with such direct advertising. If the person concerned objects to semiotis³ GmbH processing for direct advertising purposes, semiotis³ GmbH will no longer process the personal data for these purposes.

Furthermore, the person concerned has the right to object to the processing of personal data concerning him or her which is carried out at semiotis³ GmbH for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) GDPR, for reasons arising from his or her particular situation, unless such processing is necessary to fulfil a task in the public interest.

To exercise the right of objection, the person concerned may directly contact any employee of semiotis³ GmbH or another employee. The person concerned shall also be free to exercise his or her right of opposition in relation to the use of information society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.

h) Automated decisions in individual cases including profiling
Any person concerned by the processing of personal data shall have the right granted by the European legislator of directives and regulations not to be subject to a decision based exclusively on automated processing, including profiling, which has legal effect against him or significantly affects him in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the person concerned and the responsible party, or (2) is admissible under EU or Member State law to which the responsible party is subject and that such law contains appropriate measures to safeguard the rights, freedoms and legitimate interests of the person concerned, or (3) with the express consent of the person concerned.

If the decision (1) is necessary for the conclusion or performance of a contract between the person concerned and the responsible party or (2) is taken with the express consent of the person concerned, semiotis³ GmbH shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the person concerned, including at least the right to obtain the intervention of a responsible party, to state his own position and to challenge the decision.

If the person concerned wishes to assert rights relating to automated decisions, he or she may contact an employee of the responsible party at any time.

i) Right to revoke consent under data protection law
Any person concerned by the processing of personal data has the right granted by the European legislator of directives and regulations to revoke consent to the processing of personal data at any time.

If the person concerned wishes to exercise his or her right to withdraw his or her consent, he or she may contact an employee of the responsible party at any time.

6. Legal basis of the processing
Article 6 I lit.(a) GDPR serves our company as a 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 person concerned is a party, as is the case for example with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Article 6 I lit.(b) GDPR. The same applies to such processing procedures that are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, for example to fulfil tax obligations, the processing is based on Article 6 I lit. (c) GDPR. In rare cases, the processing of personal data may become necessary to protect the vital interests of the person concerned or 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, a hospital or other third parties. The processing would then be based on Article 6 I lit. (d) GDPR. Ultimately, processing operations could be based on Article 6 I lit. (f) GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the person concerned do not prevail. Such processing procedures are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the person concerned is a customer of the responsibly party (recital 47, sentence 2, GDPR).

7. Legitimate interests in the processing pursued by the responsibly party or a third party
If the processing of personal data is based on Article 6 I lit. (f) GDPR, it is in our legitimate interest to conduct our business for the well-being of all our employees and our shareholders.

8. Duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After the expiry of this period, the corresponding data will be routinely deleted, provided that it is no longer necessary for the fulfilment or initiation of the contract.

9. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the person concerned to provide the personal data; possible consequences of failure to provide them
We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). In some cases, it may be necessary for a contract to be concluded if a person concerned provides us with personal data which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company enters into a contract with him or her. Failure to provide personal data would mean that the contract with the person concerned could not be concluded. Prior to the provision of personal data by the person concerned, the person concerned must contact one of our employees. Our employee will inform the person concerned on a case-by-case basis whether the provision of personal data is required by law or contract or required for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the failure to provide the personal data would have.

10. Existence of automated decision making
As a responsible company, we do without automatic decision-making or profiling.

This privacy statement was created by the privacy statement generator of the external data protection commissioners Leipzig in cooperation with RC GmbH and the filesharing lawyers of WBS-LAW.