Data Protection Statement

We are delighted that you are interested in our company. Data protection is a top priority for the management of KGS Software GmbH. The use of internet pages of KGS Software GmbH is possible without any provision of personal data. However, if a data subject wants to use particular services of our company via our website, processing of personal data may become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to KGS Software GmbH. By means of this data protection statement our company would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, this data protection statement informs data subjects about the rights to which they are entitled.

As the controller, KGS Software GmbH has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. However, gaps in security are always possible in internet-based data transmissions, for which reason absolute protection cannot be guaranteed. For this reason, every data subject is free to transfer personal data to us by alternative means, e.g. by telephone.

  1. Definitions

The data protection statement of KGS Software GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection statement should be easy to read and understandable for the general public as well as our customers and business partners. To ensure this, we will first explain the terminology used.

In this data protection statement we use the following terms amongst others:

  1. Personal data

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

  1. Data subject

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

  1. Processing

Processing is any operation or set of operations carried out in connection with personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, selection, enquiring, use, disclosure by transmission, dissemination or otherwise making available, comparison or linking, restriction, deletion or destruction.

  1. Restriction of processing

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

  1. Profiling

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

  1. Pseudonymisation

Pseudonymisation is the processing of personal data in such a way that it can no longer be attributed to a specific data subject without the use of additional information, insofar as such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

  1. Controller or party responsible for processing

The controller or party responsible for processing is the natural person or legal entity, public authority, agency or other body which, alone or 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 nomination of the controller may be provided for by Union or Member State law;

  1. Processor

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

  1. Recipient

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

  1. Third party

A third party is a natural person or legal entity, 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 authorised to process personal data.

  1. Consent

Consent of the data subject means 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.

  1. Name and Address of the controller

The controller as defined by the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

KGS Software GmbH

Gutenbergstraße 8

63263 Neu-Isenburg

Germany

Website: www.kgs-software.com

  1. Name of the Data Protection Officer

The controller’s data protection officer is:

Thomas Pietsch

KGS Software GmbH

Gutenbergstraße 8

63263 Neu-Isenburg

Germany

Website: www.kgs-software.com

E-Mail: thomas.pietsch(at)kgs-software.com

Any data subject may contact our data protection officer directly at any time with any questions and suggestions concerning data protection.

  1. Cookies

The webpages of KGS Software GmbH use cookies. Cookies are text files that are stored in a computer system via an internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which internet pages and servers can be assigned to the specific internet browser in which the cookie was stored. This allows visited websites and servers to differentiate the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies KGS Software GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie the information and offers on our website can be optimized for the user. Cookies allow us, as already mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The user of a website that uses cookies does not for example have to enter access data each time the website is accessed because this function is taken over by the website and by the cookie that is stored on the user’s computer system.

The data subject may at any time prevent the setting of cookies through our website by means of a corresponding setting of the internet browser used, and may thus permanently refuse to allow the setting of cookies. Furthermore, cookies that are already set may be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be fully available under certain circumstances.

  1. Collection of general data and information

The website of KGS Software GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information is stored in the server log files. The following may be collected: (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 (known as referrer), (4) the sub-websites that are controlled 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 that may be used in the event of attacks on our information technology systems.

When using this general data and information, KGS Software GmbH does not draw any conclusions about the data subject. Instead, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as the advertising for it, (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 a criminal prosecution in case of a cyber-attack. Therefore, KGS Software GmbH & Co. KG analyses anonymously collected data and information statistically and also with the aim of increasing the data protection and data security of our company and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files is stored separately from all personal data provided by a data subject.

  1. Registration on our website

Within the framework of a project the option is provided to create a user account on the basis of personal data. The relevant agreement will show which personal data will be transferred to the controller in this process. The personal data provided by the data subject is collected and stored by the controller exclusively for internal use and for their own purposes. The controller may arrange for forwarding to one or more processors, for example a parcel service provider who will likewise use the personal data only for internal purposes that can be ascribed to the controller.

The storage of this data takes place against the background in which this is the only way to prevent the misuse of our services, and this data serves the purpose, where necessary, of investigating criminal actions. In this respect the storage of this data is required to safeguard the controller. As a matter of principle this data is not forwarded to third parties unless there is a legal duty to do so or forwarding serves the purpose of law enforcement.

Registration of the data subject with entry of personal data allows the controller to offer the data subject content or services which due to the nature of the matter can only be offered to registered users. Registered persons have the option at any time to amend the personal data provided at the time of registration or to have it fully erased from the controller’s data stock.

The controller shall issue to any data subject, at any time upon request, information about which personal data relating to the data subject is stored. Furthermore, the controller shall correct or delete personal data at the request or notice of the data subject insofar as there are no legal obligations for retention. A data protection officer named in this data protection statement and the controller’s staff will be available to the data subject as contacts in this connection.

  1. Newsletter tracking

The newsletters of KGS Software GmbH contain tracking pixels. A tracking pixel is a miniature graphic embedded in e-mails sent in HTML format to facilitate log-file recording and analysis. This makes it possible to carry out a statistical analysis of the success or failure of online marketing campaigns. By means of the embedded tracking pixel KGS Software GmbH is able to ascertain whether and when an e-mail has been opened by a data subject and which links in the e-mail have been used by the data subject.

Such personal data received via tracking pixels in newsletters is stored and analysed by the controller in order to optimise the dispatch of newsletters and to adapt the content of future newsletters better to the interests of the data subject. This personal data will not be disclosed to third parties. Data subjects have the right at any time to revoke the separate declaration of consent for this via the “double opt-in” process. After a revocation, this personal data will be erased by the controller. If a person deregisters in order to stop receiving the newsletter, KGS Software GmbH & Co. KG will automatically interpret this as revocation.

  1. Contact option via the website

The website of KGS Software GmbH contains information on the basis of legal regulations that enables a quick electronic contact with our company as well as direct communication with us which also includes a general address for electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject is stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the data controller is stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

  1. Routine erasure and blocking of personal data

The data controller shall process and store the data subject’s personal data only for the period necessary to achieve the purpose of storage, or as far as this is prescribed 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 legislator was jurisdiction expires, the personal data is routinely blocked or erased in accordance with legal requirements.

  1. Rights of the data subject
  1. Right of conformation

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

  1. Right of information

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 as well as a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

  • the purposes of processing
  • the categories of personal data processed
  • the recipients or categories of recipients to whom the personal data has been disclosed or is still being disclosed, in particular recipients in third countries or in international organisations
  • if possible, the intended period for which the personal data is stored or, if this is not possible, the criteria for the establishment of this period
  • the existence of the right to rectify or delete personal data of the data subject or the right to limit the processing by the controller or a right of objection against this processing
  • the existence of the right to lodge a complaint with a regulatory authority
  • if the personal data is not collected from the data subject: All available information on the origin of the data
  • the existence of automated decision-making including profiling in accordance with Art. 22 (1) and (4) of the GDPR and – at least in such cases – significant information about the logic involved as well as the consequences and intended effects of such processing for the data subject

Furthermore, the data subject has a right to receive information about whether personal data has been transferred to a third country or an international organisation. Where this is the case, the data subject also has the right to be informed about appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of information he or she may, at any time, contact our data protection officer or another employee of the controller.

  1. Right to correction

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the correction of inaccurate personal data relating to 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.

If a data subject wishes to exercise this right of correction, he or she may, at any time, contact our data protection officer or another employee of the controller.

  1. 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, insofar as the processing is not necessary:

  • The personal data is no longer necessary for the purposes for which it was co