hereinafter referred to as FINESS.
Data protection is of particular importance to FINESS. The use of the FINESS website is generally possible without the disclosure of 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 concerned person, is always carried out in accordance with the Basic Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to FINESS. 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, concerned person will be informed of their rights by means of this data protection declaration.
As data controller, FINESS has implemented numerous technical and organisational measures to ensure the most complete possible protection of personal data processed via this website. Nevertheless, Internet-based data transmissions can have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, for example by telephone.
The FINESS data protection declaration is based on the terms used by the European legislator for directives and regulations when adopting the basic data protection regulation (DS-GMO). Our data protection declaration 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 data protection declaration:
(a) Personal data
Personal data are all information relating to an identified or identifiable natural person (hereinafter " concerned person "). Identifiable is a natural person who can be identified directly or indirectly, in particular by assignment 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 controller.
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 collection, capture, organisation, sorting, storage, adaptation or alteration, reading, retrieval, use, disclosure by transmission, dissemination or any other form of provision, comparison or linking, restriction, erasure or destruction.
(d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.
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.
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject 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) Data controller or processing controller
The data controller or processing controller 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 Union law or by the law of the Member States, the data controller or the specific criteria for his appointment may be laid down in accordance with Union law or the law of the Member States.
(h) Contract processors
Processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the data controller.
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 Union law or the law of the Member States within the framework of a particular investigation mandate shall not be regarded as recipients.
(j) Third parties
A third party is a natural or legal person, authority, institution or other body other than the data subject, the data processor, the data processor and the persons authorised to process the personal data under the direct responsibility of the data processor or the data processor.
Consent shall mean any informed and unequivocal statement of intent, in the form of a statement or other clear affirmative act, voluntarily given by the concerned person for the particular case, by which the concerned person understands
2. The name and address of the responsible person
The person responsible within the meaning of the Basic 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:
FINESS Software UG
Mörchinger Str. 53m
DE 14165 Berlin
Tel.: +49 3022327979
3. Collection of general data and information
The FINESS website 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 providers 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, FINESS does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimize 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 FINESS both statistically and with the aim of increasing data protection and data security in our company in order ultimately to ensure an optimum 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 person for the processing processes and stores the personal data of the person concerned only for the period necessary to achieve the storage purpose or insofar as this has been provided for by the European legislator or another legislator in laws or regulations to which the responsible person for the processing is subject.
If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or another competent legislator expires, the personal data is routinely blocked or deleted in accordance with the statutory provisions.
5. Rights of the concerned person
(a) Right to confirmation
Every person concerned shall have the right conferred by the European legislator of directives and regulations to require the controller to confirm whether personal data concerning him/her are being processed. If a data subject wishes to exercise this right of confirmation, he may contact an employee of the controller 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 controller concerning the personal data relating to him/her stored and a copy of that information. Furthermore, the European regulator has granted the concerned person 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 of a restriction on processing by the controller 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) DS GMOs, and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing for the concerned person
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 concerned person 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 may contact an employee of the controller at any time.
(c) Right to correction
Any person concerned by the processing of personal data shall have the right granted by the European legislator for the immediate rectification of inaccurate personal data concerning him/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 wishes to make use of this right of rectification, he may contact an employee of the controller at any time.
(d) Right to cancellation
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 data controller to request that the personal data concerning him/her 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 consent on which the processing was based under Article 6(1)(a) DS-GMO or Article 9(2)(a) DS-GMO and there is no other legal basis for the processing.
- The person concerned objects to processing under Article 21(1) DS-GMO and there are no overriding legitimate grounds for processing or the person concerned objects to processing under Article 21(2) DS-GMO.
- 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 data controller is subject.
- The personal data was collected in relation to information society services offered in accordance with Art. 8 para. 1 DS-GMO.
If one of the above-mentioned reasons applies and a person concerned wishes to have personal data stored at FINESS deleted, he/she may contact an employee of the controller at any time. FINESS will arrange for the request for deletion to be complied with without delay.
If the personal data have been made public by FINESS and our company as data controller is obliged to delete the personal data pursuant to Art. 17 para. 1 DS GMO, FINESS shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data processors who process 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 data processors, insofar as the processing is not necessary. FINESS will take the necessary steps in individual cases.
(e) Right to limitation of processing
Any person data subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations to require the controller to restrict the processing if one of the following conditions is met:
The accuracy of the personal data is disputed by the data subject for a period which enables the data controller to verify the accuracy of the personal data.
The processing is unlawful, the data subject refuses to delete the personal data and instead requests a restriction on the use of the personal data.
The data controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims.
The data subject has lodged an objection to the processing pursuant to Art. 21 para. 1 DS-GMO and it has not yet been determined whether the legitimate reasons of the data subject outweigh those of the data subject.
If one of the above conditions is met and a person concerned wishes to request the restriction of personal data stored by FINESS, he or she may contact an employee of the controller at any time. FINESS will restrict processing.
f) Right to data transferability
Any person concerned by the processing of personal data has to comply with the requirements of the European Directive and Regulation
6. Legal basis of the processing
Art. 6 I lit. a DS-GMO 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 Contracting 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(b) DS-GMO. The same applies to such processing processes 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 Art. 6 I lit. c DS-GMO. 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 Art. 6 I lit. d DS-GMO. Ultimately, processing operations could be based on Art. 6 I lit. f DS-GMO. 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 data subject 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 person responsible (recital 47, second sentence, DS-GMO).
7. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GMO, 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/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 a 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 not make decisions automatically or use profiling.