The responsible party, or responsible body in the sense of the General Data Protection Regulation (EU) (hereinafter referred to as GDPR) and the Federal Data Protection Act (BDSG) as well as other data protection regulations is:
Linova Software GmbH
Telephone: +49 89 4524 668 0
Fax: +49 89 4524 668 99
The data protection officer at Linova Software GmbH can be reached:
- by post at the above postal address with the attn. – Data protection officer –
- via email at firstname.lastname@example.org.
1. General Information
1.1 Acceptance, validity and actuality
1.2.1 Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person shall be considered identifiable if he 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 or one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
1.2.2 Data subject
The data subject is any identified or identifiable natural person whose personal data is processed by the controller.
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
1.2.4 Restriction of Processing
Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of 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.
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 to ensure that the personal data are not attributed to an identified or identifiable natural person.
1.2.7 Controller or person responsible for the processing
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 processing 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 his nomination may be provided for by Union or Member State law.
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient means a natural or legal person, public authority, agency or other body to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data within the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
1.2.10 Third parties
Third party means a natural or legal person, 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.
Consent of the data subject means any freely given, specific, informed and unambiguous indication of the wishes of the data subject by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.
1.3 Processing of personal data
Linova processes personal data to a minimal extent and exclusively if this is necessary to substantiate the contract or project, provide services, process the contractual relationship with its customers and for invoicing purposes. Furthermore, by visiting or using this website, we collect personal data that ensures and optimises its operation (see section below). Any use of personal data is executed exclusively for the purposes stated and to the extent necessary to achieve these purposes. The operating data of the website will not be processed in a manner to allow conclusions to be drawn about the actual data subject.
1.4 Disclosure of personal data
As a rule, your personal data will not be passed on to third parties as part of Linova’s business activities. Should it become necessary to pass on your personal data in a special case, Linova will obtain the consent of the data subjects. The processing of personal data resulting from visiting this website is described separately below.
1.5 Legal basis for the processing personal data
The lawfulness of the processing of personal data is governed by Article 6 (1) GDPR. The following refers to this article and explains to what extent its sections serve as a legal basis for the processing of personal data at Linova.
Section a) to the extent that Linova obtains or has obtained the consent of the data subject for the processing of personal data.
Section b) to the extent that the processing of personal data is necessary for the performance of a contract to which the data subject or a person appointed by the data subject is party. The same shall apply mutatis mutandis to processing operations which are necessary for the implementation of pre-contractual measures.
Section c) to the extent that the processing of personal data is necessary for the fulfilment of a legal obligation to which Linova is subject.
Section d) to the extent that the vital interests of the data subject or another natural person necessitate the processing of personal data.
Abschnitt e) dient nicht als Rechtsgrundlage.
Section f) to the extent that the processing is necessary to safeguard a legitimate interest on the part of Linova or a third party and no overriding interests, fundamental rights and/or fundamental freedoms of the data subject exist.
1.6 Data deletion and storage duration
The personal data of the data subject will be deleted as soon as the purpose of storage (see above) ceases to apply. Beyond this, the data will only be stored if the European or national legislator has provided for this in EU regulations, laws or other provisions to which Linova is subject (standard), e.g. due to the obligation to retain data under tax law pursuant to § 132 (1) Federal Fiscal Code (BAO). In this case, personal data will also be deleted if a storage period prescribed by the aforementioned standards expires, unless it is necessary for further storage of the data for the conclusion of a contract, fulfilment of a contract or fulfilment of another statutory obligation.
1.7 Automated decision making, profiling
Linova does not use your personal information to perform any automatic or automated decision-making or profiling activities.
2. Operating and accessing the website
This section deals with privacy related aspects of your use of this website.
2.1 Personal data
The use of the Linova website is possible without direct disclosure of personal data. When contacting Linova (e.g. by email via this website), the user’s details are stored for the purpose of processing the enquiry and in the event that follow-up questions arise. When the website is accessed by a data subject (or an automated system), personal data is automatically recorded in the form of log files, which is explained in greater detail below.
2.2 Creating log files on the server
This website collects data and information from the computer system of the user (or visitor) in the form of log files, which are stored on the servers of our provider (concluded Data Processing Agreement available), with each visit by a data subject (or an automated system). The legal basis for this procedure is Article 6 (1)(f) GDPR, since Linova has a legitimate interest. The aforementioned data is stored in log files:
- to ensure the functionality of the website
- for the optimisation of the Linova website
- to maintain the security of information technology systems
The data contained in the log files will not be used for advertising, customer consulting or market research purposes.
In specific terms, the following data or information is collected and stored in the log files:
- the type/manufacturer of the web browser used
- the version of the web browser used
- the operating system used for access
- the IP address of the user at the time of the visit
- Date and time of the visit
- the Internet service provider of the accessing system
- Websites from which the user’s system accesses the Linova website (if applicable), the “Referrer URL”
- Websites accessed by the user’s system through our website (if applicable)
- Cookies (see corresponding section)
In addition to the IP addresses, the log files may also contain other (a priori, non-classifiable) data, depending on the technical conditions on the user’s side, which enable the user to be assigned. This could be the case, for instance, if the link to the website from which the user accesses the website or the link to the website to which the user switches contains personal data. This data is also stored in the log files of the system. These data are not stored together with other personal data of the user.
Separate, temporary storage of the IP addresses independently of the log files by the system is necessary to enable proper rendering of the website on the user’s computer. To this end, the user’s IP address must remain stored for the duration of the session. It will be deleted when the session is complete. If the data is stored in log files, it will be deleted after seven (seven) days at the latest. Storage extending beyond this is technically possible but will only be carried out if there is a legal basis or reason for it (e.g. criminal prosecution).
The collection of data for the provision of the websites and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility for the user to object.
This website utilises “cookies”, which are text files generated to direct and identify visitors. Cookies consist of the website visited, the expiry date of the cookie (until what date the cookie is to remain on the user’s computer system) and specific information about the website visited. Cookies remain in the temporary memory of the accessing web browser or are stored by the web browser on the hard disk of the user’s computer system (or similarly by other devices capable of accessing websites). From there, they are transmitted to the Linova website servers and processed to display the content. Linova usually stores the following cookies:
- Information for the statistical evaluation of website visits (e.g. information on the assignment of a single visit to a session), see below.
- Language currently selected by the user
Users may deactivate or restrict the transmission of cookies at any time by making the appropriate settings in their web browser. As a result, it may no longer be possible to render all the functions of this website.
Third party cookies are used by the following third parties (see also the following sections):
- Google Analytics
- Google WebFonts
- Google Maps
Opt-out possibilities and consequences:
The storage of cookies can be prevented by the visitor to the web pages setting certain browser settings. In general, the web browser can also be set in such a way that the visitor to the website is asked whether he or she consents before cookies are placed. After all, once cookies have been placed, they can be deleted by the website visitor at any time. Details on the settings required for this can be found in the product descriptions or instructions of the various browser manufacturers.
2.4 Use of Google Analytics
This website uses Google Analytics, a web analysis service of Google Inc. (hereinafter: Google). Google Analytics uses “cookies,” text files that are stored on your computer and enable an analysis of how you use the website. Cookie-generated information about your use of this website is usually transmitted to and stored on a Google server in the USA. However, because IP anonymisation is activated on this website, Google will store your IP address in shortened form if you are accessing this site from within the European Union or the European Economic Area. Only in exceptional cases will the entire IP address be transmitted to a Google server in the USA and truncated there. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity and provide other services relating to website activity and internet usage for the website operator. The IP address provided by your browser as part of Google Analytics will not be combined with other data from Google.
The purposes of data processing are to evaluate the use of the website and to compile reports on activities on the website. Other related services will then be provided based on your use of the website and the Internet. The data is processed based on the legitimate interest of the website operator.
In addition or as an alternative to the browser add-on, you can prevent being tracked by Google Analytics on our pages by clicking this link. This install an opt-out cookie onto your device. This will prevent the collection of data by Google Analytics on this website when using this browser in future, as long as the cookie remains installed in your browser.
Google Analytics cookies are installed in accordance with Article 6 (1)(f) GDPR: as the operator of this website, we have a legitimate interest in analysing user behaviour in order to optimise our website. Concluded Data Processing Agreement available.
2.5 Use of Google Web Fonts
In order to present our contents correctly and in a graphically appealing way across all browsers, we use script libraries and font libraries such as Google Web Fonts (https://www.google.com/webfonts/). on this website. Google Web Fonts are loaded into your browser’s cache to avoid multiple loading. If your browser does not support Google Web Fonts or does not allow access, content will be displayed in a default font.
Accessing script libraries or font libraries automatically triggers a connection to the library operator. In theory, it is possible, though it currently still remains unclear whether and, if so, for what purposes, the operators of the corresponding libraries might collect this data. Concluded Data Processing Agreement available.
2.6 Use of Google Maps
This website uses Google Maps API to display geographical information. When Google Maps is used, Google also collects, processes and utilises data about the visitor’s use of map functions. Please refer to the Google Privacy Notices for more information about how Google processes your information. You can also access the Data Protection Centre there to change the protection settings for your personal data. Concluded Data Processing Agreement available.
Detailed instructions for managing your own data in connection with Google products
can be found here.
2.7 Analysis of the log files
Linova uses the open source software Webalizer for statistical evaluation of log files with the intention of improving the quality of our website and its content. The software is run on our provider’s servers (concluded Data Processing Agreement available), with access to the software being protected by a user account and password. The software does not create any personal user profiles, but only anonymous statistics.
Data processing in this context is based on Article 6 (1)(a, f) GDPR.
3. Rights of data subjects
If Linova processes specific personal data of an individual, this person is a data subject within the meaning of Article 1 of the GDPR and has the following rights vis-à-vis Linova:
You can request confirmation whether Linova processes personal data that concerns you. If this is the case, i.e. if Linova processes personal data from you, you are entitled to request the following information pursuant to Article 15 GDPR:
- the processing purposes
- the personal data categories processed by Linova
- the recipients or categories of recipients to whom the personal data has been or will be disclosed
- the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine the duration of storage
- the existence of a right to rectification or deletion of the personal data concerning you
- the existence of a right to limit the processing by Linova, or
- the existence of a right to object to such processing
- the existence of the right to lodge a complaint with a supervisory authority
- all available information on the origin of the data, provided the personal data are not collected by the person concerned
- the existence of automated decision-making processes, including profiling, referred to in Article 22 (1, 4) GDPR and, at least in those cases, meaningful information about the software involved, as well as the significance and envisaged consequences of such processing for the data subject.
You retain the right to request information regarding whether your personal information will be transmitted to a third-party country or an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Article 46 GDPR in connection with the transmission.
3.2 Correction / Completion
Pursuant to Article 16 GDPR, you have the right to request Linova to correct or complete any inaccurate or incomplete personal data concerning you.
Pursuant to Article 17 GDPR, you may request Linova to delete your personal data immediately. Linova is obliged to delete your data immediately if one of the following reasons applies:
- your personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
- you revoke your consent (or have revoked your consent) on which the processing was based pursuant to Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR and there is no other legal basis for the processing.
- you object (or have filed an objection) to the processing pursuant to Article 21 (1) GDPR and there are no overriding legitimate reasons for the processing.
- you object (or have filed an objection) to the processing pursuant to Article 21 (2) GDPR.
- your personal data have been processed unlawfully.
- the deletion of your personal data is necessary to fulfil a legal obligation under EU law or the law of the Member States to which Linova is subject.
- your personal data have been collected in relation to information society services provided in accordance with Article 8 GDPR.
Where Linova has made the personal data public and is obliged to delete them pursuant to Article 17 (1) GDPR, Linova shall take appropriate measures, including technical measures, taking into account the technology available and the implementation costs, to inform data processors of the personal data which a data subject has requested them to delete, including all links to such personal data or copies or replications of such personal data.
The right to deletion does not exist if processing is necessary:
- for the exercise of freedom of expression and information, or
- for the performance of a legal obligation required for processing under the law of the Union or of the Member States to which Linova is subject or for the performance of a task in the public interest or in the exercise of official authority conferred to Linova, or
- on grounds of public interest in the field of public health (Article 9 (2) (h) and (i) GDPR and Article 9 (3) GDPR), or
- for archival, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Article 89 (1) GDPR, where the law referred to in paragraph (a) is likely to render impossible or be seriously prejudicial to the attainment of the objectives of such processing, or
- for the assertion, exercise or defence of legal claims.
3.4 Restriction of Processing
You may request Linova to restrict the processing of your personal data under the following conditions:
- if you dispute the accuracy of your personal data on file that allows Linova to verify the accuracy of your personal data, or
- the processing is unlawful, and you refuse to delete the personal data and instead demand the restriction of the use of personal data, or
- Linova no longer needs the personal data for the purposes of processing, but you require it for the assertion, exercise or defence of legal claims, or
- if you have objected to the processing pursuant to Article 21 GDPR and it has not yet been established whether Linova’s legitimate reasons override your reasons.
If processing of your personal data has been restricted, such data – apart from being stored – may be processed only with your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person, or on the grounds of an important public interest of the Union or of a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by Linova before the restriction has been lifted.
If you have exercised your right to rectify, cancel or restrict the processing of your personal data against Linova, Linova is obliged to notify all recipients to whom your personal data have been disclosed of this rectification, cancellation or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed of these recipients by Linova.
3.6 Data transferability
You have the right to obtain your personal data, which you have provided to Linova in a structured, commonly used, machine-readable format. Furthermore, you have the right to transfer this data to another controller without hindrance from Linova, provided that
- the processing is founded on consent (Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR) or on a contract pursuant to Article 6 (1) (b) GDPR, and
- the processing is carried out using automated procedures.
In exercising this right, you also have the right to request that the personal data pertaining to you are transferred directly by Linova to another responsible party, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data transferability shall not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority conferred on Linova.
You have the right to object at any time to the processing of your personal data carried out on the basis of Article 6 (1)(e) or (f) GDPR for reasons arising from your particular situation. This also applies to profiling based on these provisions.
Linova will then cease to process your personal data, unless Linova can prove compelling grounds for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
3.8 Revocation of the data privacy declaration of consent
You have the right at any time to revoke your declaration of consent granted to Linova under data protection law. The revocation of your consent does not affect the legality of the processing that took place on the basis of your consent until the revocation of your consent.
3.9 Automated decision in individual cases including profiling
You have the right to not be subject to a decision based solely on automated processing (including profiling) that has legal effect against you or significantly affects you in a similar way. This does not apply if the decision:
- is necessary for the conclusion or performance of a contract between you and Linova,
- is lawful under the laws of the Union or of the Member States to which Linova is subject and those laws contain reasonable measures to protect your rights and freedoms and your legitimate interests, or
- in the case of your explicit consent.
Linova does not use your personal information to perform any automatic or automated decision-making or profiling activities.
3.10 Complaints to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the Member State where you reside, work or where the infringement is suspected, if you believe that the processing of your personal data is in contravention of the GDPR.
4. IT security
Linova takes the protection of personal data and all other data of its customers and employees very seriously. We use technical and organisational means and measures which we adapt to the latest technological developments and findings. The means and measures protect the data processed by us against
- deliberate manipulation
- accidental or unintentional manipulation or modification
- access by unauthorised persons
In order to protect the security of your data during communication with this website, we use state-of-the-art encryption procedures (e.g. SSL) via HTTPS.