Privacy and your rights.

Courtesy translation. This English version is provided for convenience only. The legally binding privacy policy is the German one — in case of any discrepancy, the German version prevails. Read the German version.

This privacy policy informs you about the nature, scope and purpose of the processing of personal data (hereinafter “data”) in the course of providing our services as well as within our online offering and the websites, functions and content connected with it, and our external online presences such as our social media profiles (hereinafter jointly referred to as the “online offering”). With regard to the terms used, such as “processing” or “controller”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Controller

info@hero-software.app
Managing directors: Christian Bittler & Christian Bieber
Link to the imprint of this website

Data protection officer: Sebastian Krüsmann
datenschutz@hero-software.app

Types of data processed

• Master data (e.g. personal base data, names or addresses).
• Contact data (e.g. email, telephone numbers).
• Content data (e.g. text entries, photographs, videos).
• Usage data (e.g. websites visited, interest in content, access times).
• Meta and communication data (e.g. device information, IP addresses).

Categories of data subjects

Visitors and users of the online offering (we also refer to the data subjects collectively as “users”).

Terms used

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); a natural person is regarded as identifiable if they can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. a cookie) or to one or more special characteristics which express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Processing” means any operation or set of operations performed on personal data, whether or not by automated means. The term is broad and covers practically any handling of data.

“Pseudonymisation” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data cannot be attributed to an identified or identifiable natural person.

“Profiling” means any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

“Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Relevant legal bases

In accordance with Art. 13 GDPR we inform you of the legal bases of our data processing. For users within the scope of the General Data Protection Regulation (GDPR), i.e. the EU and the EEA, the following applies where the legal basis is not stated in this privacy policy:

• The legal basis for obtaining consent is Art. 6 (1) (a) and Art. 7 GDPR;
• The legal basis for processing in order to perform our services, carry out contractual measures and respond to enquiries is Art. 6 (1) (b) GDPR;
• The legal basis for processing in order to comply with our legal obligations is Art. 6 (1) (c) GDPR;
• In the event that vital interests of the data subject or of another natural person make the processing of personal data necessary, Art. 6 (1) (d) GDPR serves as the legal basis.
• The legal basis for processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller is Art. 6 (1) (e) GDPR.
• The legal basis for processing in order to safeguard our legitimate interests is Art. 6 (1) (f) GDPR.
• The processing of data for purposes other than those for which they were collected is governed by Art. 6 (4) GDPR.
• The processing of special categories of data (as defined in Art. 9 (1) GDPR) is governed by Art. 9 (2) GDPR.

Security measures

In accordance with the statutory requirements, and taking into account the state of the art, the cost of implementation and the nature, scope, circumstances and purposes of the processing as well as the differing likelihood and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk.

These measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data as well as the access, input, transfer, availability and separation relating to it. We have furthermore established procedures that ensure data subjects can exercise their rights, that data is erased and that we can respond to threats to the data. We also take the protection of personal data into account during the development and selection of hardware, software and procedures, in line with the principle of data protection by design and by default.

Cooperation with processors, joint controllers and third parties

Where, in the course of our processing, we disclose data to other persons and companies (processors, joint controllers or third parties), transmit data to them or otherwise grant them access to the data, this is done only on the basis of a statutory permission (e.g. where transmitting the data to third parties such as payment service providers is necessary to perform the contract), where users have consented, where a legal obligation provides for it, or on the basis of our legitimate interests (e.g. when using agents, web hosts and so on). Where we disclose data to other companies in our group, transmit it to them or otherwise grant them access, this is done in particular for administrative purposes as a legitimate interest and, beyond that, on a basis that meets the statutory requirements.

Transfers to third countries

Where we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation), or where this happens in the course of using third-party services or of disclosing or transmitting data to other persons or companies, this is done only in order to perform our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to express consent or to a contractually required transfer, we process, or have processed, data in third countries only where a recognised level of data protection exists — which includes US processors certified under the “Privacy Shield” — or on the basis of particular guarantees, such as a contractual obligation by way of the European Commission’s standard contractual clauses, the existence of certifications or binding internal data protection rules (Art. 44 to 49 GDPR, information page of the European Commission).

Rights of data subjects

You have the right to obtain confirmation as to whether data concerning you is being processed, to obtain access to that data and to receive further information and a copy of the data in accordance with the statutory requirements.

In accordance with the statutory requirements, you have the right to request that data concerning you be completed, or that inaccurate data concerning you be rectified.

In accordance with the statutory requirements, you have the right to request that data concerning you be erased without delay, or alternatively to request a restriction of the processing of the data in accordance with the statutory requirements.

You have the right to receive the data concerning you that you have provided to us in accordance with the statutory requirements, and to request its transmission to other controllers.

You furthermore have the right, in accordance with the statutory requirements, to lodge a complaint with the competent supervisory authority.

Right to withdraw consent

You have the right to withdraw consent you have given, with effect for the future.

Right to object

You may object at any time to the future processing of data concerning you in accordance with the statutory requirements. You may object in particular to processing for the purposes of direct marketing.

Cookies and the right to object to direct marketing

“Cookies” are small files stored on users’ computers. Different pieces of information can be stored within cookies. A cookie primarily serves to store information about a user (or about the device on which the cookie is stored) during, or also after, their visit to an online offering. Cookies that are deleted after a user leaves an online offering and closes their browser are referred to as temporary cookies, “session cookies” or “transient cookies”. Such a cookie may store, for example, the contents of a shopping basket in an online shop or a login status. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent”. They can, for example, store the login status if users return after several days. Such a cookie may likewise store users’ interests, which are then used for reach measurement or marketing purposes. Cookies offered by providers other than the controller operating the online offering are referred to as “third-party cookies” (otherwise, where only the controller’s own cookies are involved, they are called “first-party cookies”).

We may use temporary and permanent cookies and explain this within our privacy policy. Where we ask users for consent to the use of cookies (e.g. as part of a cookie consent notice), the legal basis for this processing is Art. 6 (1) (a) GDPR. Otherwise, users’ personal cookies are processed in line with the explanations set out in this privacy policy on the basis of our legitimate interests (i.e. an interest in the analysis, optimisation and economic operation of our online offering within the meaning of Art. 6 (1) (f) GDPR), or pursuant to Art. 6 (1) (b) GDPR where the use of cookies is necessary to provide our contractual services, or pursuant to Art. 6 (1) (e) GDPR where the use of cookies is necessary for the performance of a task carried out in the public interest or in the exercise of official authority.

If users do not wish cookies to be stored on their computer, they are asked to deactivate the corresponding option in their browser’s system settings. Stored cookies can be deleted in the browser’s system settings. Excluding cookies may lead to functional restrictions of this online offering.

A general objection to the use of cookies employed for online marketing purposes can be declared for a large number of services, above all in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Cookie storage can furthermore be prevented by switching cookies off in the browser settings. Please note that not all functions of this online offering may then be usable.

Erasure of data

The data we process is erased, or its processing restricted, in accordance with the statutory requirements. Unless expressly stated within this privacy policy, the data stored by us is erased as soon as it is no longer necessary for its intended purpose.