This data protection declaration informs you about the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the websites, functions and content associated with it, as well as external online presences, such as our social media profiles. (hereinafter collectively referred to as "online offer"). With regard to the terms used, such as "personal data" or their "processing", we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
NXTGN SOLUTIONS GmbH
Tel: +49 9181 5118073
Fax: +49 9181 5118077
Managing Director: Patrick Franke
Local Court Nuremberg | HRG: HRB32858
VAT ID: DE 306723869
You want to request the deletion of your data? No problem, please request deletion by email to firstname.lastname@example.org
1. description of the groups of persons concerned
Personal data or categories of data listed below are collected, processed and used to fulfil the intended purpose.
Categories: of data subjects: Customer data, in particular contact data, such as telephone, fax and e-mail data, contact history and other data necessary for the performance of the contract.
Prospect data: in particular contact data and other data Identification data and click paths.
Employee data: Employees include in particular: Employees, trainees, rehabilitants, persons who are to be regarded as similar to employees due to their economic independence, applicants, former employees and trainees. Contractual data and performance data are processed insofar as this is necessary for the decision on the establishment of an employment relationship or, after the establishment of the employment relationship, for its implementation or termination.
Supplier data: Suppliers / service providers / intermediaries / brokers / agencies (in particular contact data, such as telephone, fax and e-mail data, contact and order history as well as other data necessary for the performance of the contract).
Visitors and users of the online offer.
In the following, we also refer to the persons concerned collectively as "users".
Types of data processed:
- Inventory data (e.g., names, addresses).
- Contact details (e.g., email, phone numbers).
- Content data (e.g., text input, photographs, videos).
- Contract data (e.g., subject matter of the contract, term, customer category).
- Usage data (e.g., web pages visited, links clicked, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses).
2. processing of special categories of data (Art. 9(1) GDPR):
As a matter of principle, no special categories of data are processed unless they are supplied for processing by the users, e.g. entered in online forms.
3. purpose of the data collection, processing or use
NXTGN offers inbound marketing services and constantly informs interested parties, customers and partners with new information from the world of inbound marketing. Insofar as personal data (for example names or e-mail addresses) are collected on our websites, this is done on a voluntary basis. For marketing and website optimisation purposes, we collect navigation information from website visitors. This is data about your computer and your visit to our website, in particular your IP address, referral source, length of your visit and pages you have opened. Personal data is collected as part of the following tasks:
- Provision of the online offer, its contents and functions.
- Personalised display of website content Maintenance of existing and usage data Acquisition of new customers
- Preparing and responding to contact requests and communicating with users.
- Other services for customers Provision of contractual services, service and customer care.
- Marketing, advertising and market research.
- Safety measures.
Status: 25. April 2018
4. relevant legal bases
We ask you to regularly inform yourself about the content of our data protection declaration. We adapt the data protection declaration as soon as the changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.
6. security measures
- In accordance with Article 32 of the GDPR, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons; the measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access to, input, disclosure, ensuring availability and segregation of the data. We also have procedures in place to ensure the exercise of data subject rights, deletion of data and response to data compromise. Furthermore, we already take the protection of personal data into account during the development and selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 DSGVO).
- The security measures include in particular the encrypted transmission of data between your browser and our server or to the servers of our suppliers.
7. cooperation with processors and third parties
- If, in the course of our processing, we disclose data to other persons and companies (order processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as to payment service providers, is necessary for the performance of the contract pursuant to Art. 6 para. 1 lit. b DSGVO), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
- If we commission third parties with the processing of data on the basis of a so-called "order processing agreement", this is done on the basis of Art. 28 DSGVO.
8. transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using third-party services or disclosing or transferring data to third parties, this is only done if it is done in order to fulfil our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or allow the processing of data in a third country if the special requirements of Art. 44 ff. DSGVO are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").
9. rights of the data subjects
- You have the right to request confirmation as to whether data in question is being processed and to information about this data, as well as further information and a copy of the data in accordance with Art. 15 DSGVO.
- You have the right according to. Art. 16 DSGVO, you have the right to request that the data concerning you be completed or that the inaccurate data concerning you be corrected.
- In accordance with Article 17 of the GDPR, you have the right to demand that the data concerned be deleted without delay or, alternatively, to demand restriction of the processing of the data in accordance with Article 18 of the GDPR.
- You have the right to request to receive the data concerning you that you have provided to us in accordance with Article 20 of the GDPR and to request that it be transferred to other data controllers.
- You also have the right to lodge a complaint with the competent supervisory authority pursuant to Art. 77 DSGVO.
10. right of withdrawal
You have the right to revoke consent granted in accordance with Art. 7 (3) DSGVO with effect for the future.
11. right of objection
You may object to the future processing of data concerning you in accordance with Art. 21 DSGVO at any time. The objection can be made in particular against processing for direct marketing purposes.
12. cookies and the right to object to direct advertising
13. deletion of data
- The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 DSGVO. Unless expressly stated within the scope of this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. I.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.
- According to legal requirements, storage is carried out in particular for 6 years in accordance with § 257 para. 1 HGB (commercial books, inventories, opening balances, annual financial statements, commercial letters, accounting vouchers, etc.) and for 10 years in accordance with § 147 para. 1 AO (books, records, management reports, accounting vouchers, commercial and business letters, documents relevant for taxation, etc.).
14. provision of contractual services
- We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services pursuant to Art. 6 para. 1 lit b. DSGVO. The entries marked as mandatory in online forms are required for the conclusion of the contract.
- Users can optionally create a user account, in which they can view their orders in particular. During the registration process, users are provided with the required mandatory information. The user accounts are not public and cannot be indexed by search engines. If users have cancelled their user account, their data with regard to the user account will be deleted, subject to their retention being necessary for reasons of commercial or tax law in accordance with Art. 6 Para. 1 lit. c DSGVO. It is the responsibility of the users to save their data in the event of termination before the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract.
- Within the scope of registration and renewed logins as well as the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as those of the users in protection against misuse and other unauthorised use. This data is not passed on to third parties, unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DSGVO.
- We process usage data (e.g. the web pages visited on our website, interest in our products) and content data (e.g. entries in the contact form or user profile) for advertising purposes in a user profile, e.g. in order to display product information to users based on the services they have used to date.
- The deletion takes place after the expiry of legal warranty and comparable obligations, the necessity of storing the data is reviewed every three years; in the case of legal archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) storage obligation); information in the customer account remains until its deletion.
- When contacting us (via contact form or e-mail), the user's details are processed for the purpose of handling the contact request and its processing pursuant to Art. 6 (1) lit. b) DSGVO.
- Users' details may be stored in our Customer Relationship Management System and Marketing Automation Platform ("CRM & Marketing System") or comparable enquiry organisation.
- We delete the enquiries if they are no longer necessary. We review the necessity every two years; we store enquiries from customers who have a customer account permanently and refer to the information on the customer account for deletion. In the case of legal archiving obligations, deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligation).
16. comments and contributions
17. collection of access data and log files
- We collect data on every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. DSGVO, we collect data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
- Log file information is stored for security reasons (e.g. to clarify acts of abuse or fraud) for a maximum of seven days and then deleted. Data whose further storage is required for evidentiary purposes is exempt from deletion until the respective incident has been finally clarified.
18. online presence in social media
- We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services there. When calling up the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
19. Cookies & Reach Measurement
- Cookies are pieces of information that are transmitted from our web server or third-party web servers to users' web browsers and stored there for later retrieval. Cookies may be small files or other types of information storage.
- We use "session cookies", which are only stored for the duration of the current visit to our online presence (e.g. to enable the use of our online offer at all). A randomly generated unique identification number, a so-called session ID, is stored in a session cookie. In addition, a cookie contains information about its origin and the storage period. These cookies cannot store any other data. Session cookies are deleted when you have finished using our online offer and log out or close the browser, for example.
- If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
20. Gogle Analytics
- Google is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
- Google will use this information on our behalf for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. In doing so, pseudonymous user profiles of the users can be created from the processed data.
- We use Google Analytics to display the ads placed within Google's advertising services and those of its partners only to users who have also shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) that we transmit to Google (so-called "Remarketing Audiences" or "Google Analytics Audiences"). With the help of Remarketing Audiences, we also want to ensure that our ads correspond to the potential interest of the users and do not have a harassing effect.
- We only use Google Analytics with IP anonymisation activated. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
- The IP address transmitted by the user's browser will not be merged with other data from Google. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the online offer to Google as well as the processing of this data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
- For more information on Google's use of data, settings and opt-out options, please visit the Google websites:https://www.google.com/intl/de/policies/privacy/partners ("Google's use of data when you use our partners' websites or apps"), https://policies.google.com/technologies/ads ("Use of data for advertising purposes"), https://adssettings.google.com/authenticated ("Managing the information Google uses to serve you ads").
21. Facebook, Custom Audiences and Facebook Marketing Services
- Within our online offer, the so-called "Facebook pixel" of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are a resident of the EU, Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"), is used due to our legitimate interests in the analysis, optimisation and economic operation of our online offer and for these purposes.
- Facebook is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
- With the help of the Facebook pixel, it is possible for Facebook to determine the visitors to our online offer as a target group for the display of advertisements (so-called "Facebook ads"). Accordingly, we use the Facebook pixel to display the Facebook ads placed by us only to those Facebook users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) that we transmit to Facebook (so-called "Custom Audiences"). With the help of the Facebook pixel, we also want to ensure that our Facebook ads correspond to the potential interest of the users and do not have a harassing effect. With the help of the Facebook pixel, we can also track the effectiveness of the Facebook ads for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook ad (so-called "conversion").
- The processing of data by Facebook takes place within the framework of Facebook's data usage policy. Accordingly, general information on the display of Facebook ads, in Facebook's data usage policy:https://www.facebook.com/policy.php. Specific information and details on the Facebook Pixel and how it works can be found in Facebook's help section: https://www.facebook.com/business/help/651294705016616.
- You can opt out of the Facebook Pixel's collection and use of your data to display Facebook ads. To adjust which types of ads are displayed to you within Facebook, you can go to the page set up by Facebook and follow the instructions there on the settings for usage-based advertising:https://www.facebook.com/settings?tab=ads. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.
- To prevent your data from being collected by the Facebook pixel on our website, please click the following link: Facebook opt-out Note: When you click the link, an "opt-out" cookie will be stored on your device. If you delete the cookies in this browser, then you must click the link again. Furthermore, the opt-out only applies within the browser you are using and only within our web domain where the link was clicked.
22. Facebook Social Plugins
- We use social plugins ("plugins") of the social network facebook.com, which is operated by Facebook Ireland Ltd. DSGVO) social plugins ("plugins") of the social network facebook.com, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"). The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and are recognisable by one of the Facebook logos (white "f" on a blue tile, the terms "Like", "Like" or a "thumbs up" sign) or are marked with the addition "Facebook Social Plugin". The list and appearance of Facebook social plugins can be viewed here:https://developers.facebook.com/docs/plugins/.
- Facebook is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
- When a user calls up a function of this online offer that contains such a plugin, his or her device establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user's device and integrated into the online offer by the latter. In the process, user profiles can be created from the processed data. We therefore have no influence on the scope of the data that Facebook collects with the help of this plugin and therefore inform users according to our level of knowledge.
- By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his or her Facebook account. If users interact with the plugins, for example by clicking the Like button or posting a comment, the corresponding information is transmitted from their device directly to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out and store his or her IP address. According to Facebook, only an anonymised IP address is stored in Germany.
- If a user is a Facebook member and does not want Facebook to collect data about him/her via this online offer and link it to his/her membership data stored on Facebook, he/she must log out of Facebook and delete his/her cookies before using our online offer. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.
23. Newsletter & EMail Marketing Automation
- The newsletter is sent and its success is measured on the basis of the recipients' consent pursuant to Art. 6 Para. 1 lit. a, Art. 7 DSGVO in conjunction with § 7 Para. 2 No. 3 UWG or on the basis of legal permission pursuant to § 7 Para. 3 UWG.
- The logging of the registration process is based on our legitimate interests pursuant to Art. 6 para. 1 lit. f DSGVO and serves as proof of consent to receive the newsletter.
- Cancellation/revocation - You can cancel receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. If users have only subscribed to the newsletter and cancelled this subscription, their personal data will be deleted.
24. integration of services and contents of third parties
- Within our online offer, we use content or service offers of third-party providers on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) to integrate content or services offered by third-party providers, such as videos or fonts (hereinafter uniformly referred to as "content"). This always requires that the third-party providers of this content are aware of the IP address of the user, as without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content. We endeavour to only use content whose respective providers only use the IP address to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offer, as well as being linked to such information from other sources.
- The following presentation provides an overview of third-party providers and their content, together with links to their data protection declarations, which contain further information on the processing of data and, in part already mentioned here, options for objection (so-called opt-out):