Datenschutzerklärung Berlin

This privacy policy is intended to provide you with an overview of how we use the personal data you provide. Furthermore, we would like to inform you about the measures we take to protect your personal data, as well as the rights and options you have to access your data and protect your privacy.

Furthermore, you will find in this privacy policy information on which personal data we collect from you, how we process it, and to which third parties we may forward your data.

With regard to the terms used, such as "processing" or "controller," we refer to the definitions in Article 4 of the General Data Protection Regulation („GDPR").

Who is responsible for data processing and whom can you contact?

We, EDV-N Technology GmbH, Berlin, are the data controller for the processing of your personal data in accordance with the GDPR.

EDV-N Technology GmbH

(in the following: EDV-N)

Bundesalle 213-214

D-10719 Berlin

Germany

E-Mail: office(at)edv-n.com

Phone: +49 30 346 490 58 0

Name and contact details of the data protection officer:

The data protection officer is: 

Dr. Bettina Dutter

c/o EDV-N Technology GmbH

Bundesallee 213-214, 10719 Berlin

E-Mail: office(at)edv-n.com

Phone: +49 30 346 490 58 0

The deputy data protection officer is: 

Guido Neumann

c/o EDV-N Technology GmbH

Bundesallee 213-214, 10719 Berlin

E-Mail: office(at)edv-n.com 

For what purposes and on what legal basis are your personal data processed?

within the scope of your consent (Art 6 para 1 lit a GDPR):

If you have given us consent to process your personal data, the processing will only take place in accordance with the purposes specified in the consent declaration and within the agreed scope. A given consent can be revoked at any time with effect for the future (e.g., you can object to the processing of your personal data for the sending of our newsletter if you no longer agree with the processing). 

for the fulfillment of contractual obligations (Art 6 para 1 lit b GDPR):

The processing of personal data is carried out to provide our IT services, to fulfill our contract with you, and to execute your orders, as well as all activities necessary for the operation and management of our company.

to fulfill legal obligations (Art 6 para 1 lit c GDPR):

Processing of personal data may be necessary for the purpose of fulfilling various legal obligations to which we are subject.

to safeguard the legitimate interests of the controller (Art. 6 para. 1 lit. f GDPR):

As far as necessary, data processing beyond the actual fulfillment of the contract may take place within the framework of balancing interests in our favor or in favor of a third party to protect legitimate interests of ourselves or third parties. We process your data if this is necessary for the assertion, exercise, or defense of legal claims and there is no reason to believe that you have an overriding legitimate interest in not having your data processed.

Who receives your personal data?

The protection and confidentiality of your personal data is important to us. Therefore, we only transmit your personal data to the extent described below or in the context of a notification at the time of data collection. Furthermore, personal data that we collect about you will neither be sold by us nor otherwise disclosed to third parties.

Transmission to third parties

We transmit personal data to other third parties with your consent or when this is necessary for the fulfillment of the contract.

Transmission to the processor

We also share personal data to a limited extent with processors who provide services such as data center services for us. The processors may only use or disclose this data to the extent necessary to perform services for us or to comply with legal regulations. These processors are contractually obligated by us to ensure the confidentiality and security of the personal data they process on our behalf.

Other transmission

We may also disclose personal data about you (i) if we are legally obligated to do so or in the context of a legal proceeding, (ii) if we believe that disclosure is necessary to prevent harm or financial loss, (iii) in connection with an investigation of suspected or actual fraudulent or illegal activities, or (iv) to assert, exercise, or defend legal claims based on our legitimate interest.

Are the data being transferred to a third country or to an international organization?

If we process personal data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of using third-party services or disclosing or transferring personal data to third parties, we will only transfer personal data if it is necessary to fulfill our (pre)contractual obligations, based on your consent, based on a legal obligation, or based on our legitimate interests.

How long are personal data stored and processed?

For the duration of the entire business relationship (from initiation through execution to termination of a contract) and beyond, in accordance with legal retention and documentation obligations. These arise, among other things, from:

the Commercial Code (UGB)

the Federal Fiscal Code (FFC)

In addition, the statutory limitation periods must be taken into account for the storage duration, which, for example, can be up to 30 years in certain cases according to the General Civil Code (ABGB) (the general limitation period is 3 years).

What rights and choices do you have?

a) Right of access (Art 15 GDPR)

You have the right to request confirmation from us as to whether we are processing personal data about you. If we process personal data about you, you have the right, as the data subject, to obtain from us at any time information about the personal data stored about you and a copy of the personal data processed concerning you. In this context, you as the data subject have the right to obtain information regarding the following:

the processing purposes;

the categories of personal data that are processed;

the recipients or categories of recipients to whom the personal data have been disclosed or are still being disclosed, particularly recipients in third countries or international organizations;

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 to rectification or erasure of personal data concerning you or to restriction of processing by the controller or a right to object to such processing;

the existence of a right to file a complaint with a supervisory authority;

all available information about the origin of the data, provided that the personal data were not collected directly from you;

if available, the existence of automated decision-making including profiling in accordance with Art. 22 para. 1 and 4 GDPR and – at least in these cases – meaningful information about the logic involved as well as the significance and the intended effects of such processing for the data subject.

If personal data about you has been transferred to a third country or to an international organization, you also have the right to obtain information about the appropriate safeguards related to the transfer.

b) Right to Rectification (Art 16 GDPR)

You have the right to request the correction of inaccurate personal data concerning you. Furthermore, you have the right, taking into account the purposes of the processing, to request the completion of incomplete personal data – also by means of a supplementary statement.

c) Right to erasure (Art. 17 GDPR)

You have the right to request from the controller that the personal data concerning you be erased without delay, provided that one of the following reasons applies and further processing is not necessary:

the personal data are no longer needed for the purposes for which they were collected;

They withdraw their consent on which the processing was based, and there is no other legal basis or overriding legitimate interest for the processing.

the personal data was processed unlawfully;

the deletion of personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject;

The personal data was collected in relation to the services offered by the information society in accordance with Art. 8 para. 1 GDPR.

d) Right to restriction of processing (Art 18 GDPR)

You have the right to request the restriction of processing from us if one of the following conditions is met:

the accuracy of the personal data is disputed by you (the restriction is for a duration that allows the controller to verify the accuracy of the personal data);

the processing of your personal data was unlawful, you refuse the deletion of your personal data and instead request the restriction of the use of your personal data;

the controller no longer needs your personal data for the purposes of processing, but you need it for the establishment, exercise, or defense of legal claims;

You have lodged an objection to the processing of your personal data, and it is not yet clear whether the legitimate reasons of the controller outweigh yours.

e) Right to data portability (Art 20 GDPR)

You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used, and machine-readable format. You also have the right to request that this data be transferred directly from us to another controller designated by you, provided that this is technically feasible and does not infringe on the rights and freedoms of other individuals. A prerequisite for data portability is always that the processing is based on your consent or is necessary for the fulfillment of a (pre-) contractual relationship and that the processing is carried out using automated procedures. The right to data portability does not apply to processing that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

 f) Right to object (Art 7 para 3 GDPR)

You have the right to withdraw your consent to the processing of your personal data at any time.

If you have objected to the processing, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing is necessary for the establishment, exercise, or defense of legal claims.

We also use your personal data to conduct direct marketing. You have the right to object at any time to the processing of your personal data for the purpose of such advertising. This also applies to profiling, insofar as it is related to such direct advertising. After an objection has been made, we will no longer process your personal data for the purposes of direct marketing.

You have the right, for reasons arising from your particular situation, to object to the processing of your personal data, which is carried out by us for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

If you would like to exercise one or more of the rights mentioned above, you can contact us at any time at office@edv-n.com.

Which supervisory authority can you file a complaint with?

According to Article 77 GDPR, you have the right to lodge a complaint with the competent supervisory authority. In Germany, these are:

The Federal Commissioner for Data Protection and Freedom of Information

The state data protection authorities; for Berlin: Berlin Commissioner for Data Protection and Freedom of Information

The specific data protection authorities

Do you need to provide your personal data?

In order for us to establish a business relationship with you, we require various personal data. Partially, we are also legally obligated to collect them.

If you refuse to provide us with the personal data necessary for the conclusion and fulfillment of the contract, we unfortunately cannot enter into a contractual relationship with you. We may have to terminate existing contractual relationships if necessary.

You are not obliged to give your consent to the processing of your personal data that is not relevant for the fulfillment of the contract or not legally and/or regulatory required.

To what extent is there automated decision-making?

For the establishment and execution of the business relationship, we do not use fully automated decision-making. Should we use these procedures in individual cases, we will inform you separately about this, if required by law.

Are personal data being processed for purposes other than those for which the personal data were collected?

In principle, we only process data for the purposes for which it was collected. In exceptional cases, however, it may happen that we process personal data that we have collected for a specific purpose for another purpose. We will inform you in such cases before the intended processing about the purpose, the duration for which your personal data will be stored, the exercise of the rights of the data subjects, the possibility of withdrawing consent, the existence of the right to lodge a complaint with the data protection authority, whether the provision of data was legally or contractually necessary and the consequences of not providing the data, and whether automated decision-making or profiling takes place.

What types of personal data are processed?

We process the following personal data, among others:

Inventory data (e.g., names, addresses);

Contact details (e.g., email, phone numbers);

Content data (e.g., text inputs, photographs, videos);

Bank account details (e.g., IBAN, BIC);

Documentation data (e.g., memos).

We hereby confirm that we only process personal data to the extent that it is necessary. In individual cases, we can therefore also manage with less than the data described above.

Is there cooperation with processors and/or third parties?

If we disclose personal data to other individuals and companies (processors or third parties) as part of our processing, transmit it to them, or otherwise grant them access to the data, this is only done based on a legal basis.

When will your personal data be deleted?

Unless explicitly stated otherwise in this privacy policy, we will delete personal data processed by us as soon as they are no longer necessary for their intended purpose and there are no legal retention obligations preventing their deletion. If personal data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data is blocked and cannot be processed for other purposes. This applies, for example, to personal data that must be retained for corporate or tax reasons.

According to legal requirements, storage is carried out, for example:

7 years according to § 132 para 1 BAO (accounting documents, receipts/invoices, accounts, business papers, statement of income and expenses, etc.).

Hosting

The hosting services we utilize are intended to provide the following services: provision of web space and technical maintenance services, which we use for the operation of this online offering.

In this process, we or our hosting provider (OmanBros.com Internetdienstleistungen GmbH, Guglgasse 8/2/85, 1110 Vienna) do not process any data that is personal to us or to them.

Newsletter

We send newsletters, emails, and other electronic notifications for advertising purposes and to announce news (hereinafter "newsletters") only with your consent, which is recorded during the newsletter registration process, or based on a legal basis (e.g., § 107 Abs 2 and 3 TKG).

You can unsubscribe from our newsletter at any time, which means you are revoking your consent. You can unsubscribe by replying to the newsletter with "unsubscribe" or by sending an email to office@edv-n.com. Please note that we will continue to process your personal data in order to be able to prove a previously given consent to receive newsletters. The processing of this data is limited to the purpose of potentially defending against claims. You have the right to request the deletion of your personal data.

Contacting

If you contact us (e.g., by email or phone), your information will be processed to handle the contact request and its completion.

We delete the contact requests and the personal data you provided to us in this context, as soon as their storage is no longer necessary.

How is my data protected?

We take the protection of your personal data very seriously and implement appropriate technical and organizational measures to protect you against unauthorized or unlawful processing of your personal data as well as against accidental loss, destruction, or damage.

Personal data of children

We do not knowingly collect personal data from children under 14 years of age. Should we become aware that we have unintentionally collected personal data about children under 14 years of age, we will take steps to delete this information as soon as possible, unless we are required by law to retain it.

How will I be informed of changes to this privacy policy?

We are committed to upholding the principles of privacy and data protection. For this reason, we regularly review our privacy policy. This is to ensure that it is error-free and prominently displayed on our website, contains appropriate information about your rights and our processing activities, and is implemented in accordance with applicable law, thereby being compliant with data protection regulations. To account for current circumstances, we update this privacy policy as needed. Should we make significant changes to this privacy policy, we will inform you in a notice on our website and provide you with the updated version of the privacy policy.

Data protection on our website

Our website does not use cookies or tracking technologies. The collection of personal data by us or third parties does not take place.