We are delighted that you have taken an interest in our company. The management of SMAPAX GmbH takes the matter of data protection very seriously. The Internet sites of SMAPAX GmbH can essentially be used without disclosing any personal data. Personal data may need to be processed however if a data subject wishes to make use of particular services offered by our company via our website. If personal data have to be processed and there is no legal basis for such processing then we will normally obtain the consent of the data subject to do so.
As the controller, SMAPAX GmbH has put in place numerous technical and organisational measures to ensure the fullest protection possible for the personal data processed on this Internet site. Even so, Internet-based data transmissions can have security gaps with the result that absolute protection cannot be guaranteed. For this reason, any data subject is at liberty to communicate personal data to us by alternative means, e.g. telephone.
Personal data means any information relating to an identified or identifiable natural person ('data subject'). An identifiable natural person is one who 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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
a) Personal data
A data subject is any identified or identifiable natural person whose personal data are processed by the controller.
b) Data subject
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.
Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.
d) Restriction of processing
Profiling is 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 is 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.
Controller or processing controller is 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. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
g) Controller or processing controller
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
Third party is 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.
j) Third party
Consent of the data subject is 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.
2. Name and address of the controller
The controller in the sense of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature, is:
Holander Allee 4
Tel.: + 49 (0)176-64289045
By using cookies, SMAPAX GmbH can offer users of its Internet site more user-friendly services which would not be possible without the cookie setting.
The data subject can prevent the setting of cookies by our Internet site at any time using a corresponding setting of the Internet browser, and so permanently object to the setting of cookies. Cookies that have already been set can also be deleted by an Internet browser or other software program at any time. This is possible in all current Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser they are using, they may not be able to use all of the functions of our Internet site under certain circumstances.
4. Recording of general data and information
Each time it is accessed by a data subject or an automated system the SMAPAX GmbH Internet site records a string of general data and information. This general data and information is stored in the server’s logfiles. The site can record (1) the browser types and versions that are used, (2) the operating system used by the accessing system, (3) the Internet site from which an accessing system gets to our Internet site (so-called referrer), (4) the sub websites which an accessing system drives to our Internet site, (5) the date and time of an access to the Internet site, (6) an Internet Protocol address (IP address), (7) the Internet Service Provider of the accessing system and (8) other similar data and information used to protect our IT systems from attacks.
SMAPAX GmbH draws no conclusions about the data subject when it uses this general data and information. Rather, this information is needed to (1) deliver the content of our Internet site correctly, (2) optimise the content of our Internet site and the advertising for it, (3) guarantee the sustainable functional capability of our IT systems and the technology of our Internet site and (4) provide law enforcement agencies with the information needed for prosecution in the event of a cyber attack. This anonymously collected data and information is analysed by SMAPAX GmbH both statistically and with the aim of enhancing data protection and data security within our business so as to ultimately ensure an optimal level of protection for the personal data which we process. The anonymous data in the server logfiles is stored separately from all personal data supplied by a data subject.
5. Routine deletion and blocking of personal data
The controller only processes and stores personal data of the data subject for the period needed to achieve the storage purpose or in so far as this is required by the European legislative or regulatory authority or other legislature in laws or regulations to which the controller is subject.
If the storage purpose lapses or if a storage period prescribed by the European legislative or regulatory authority or other competent legislature expires then the personal data will be routinely blocked or deleted according to the legal requirements.
6. Rights of the data subject
Every data subject has the right granted by the European legislative or regulatory authority to request confirmation from the controller as to whether his or her personal data are being processed. If a data subject wishes to exercise this right to confirmation then he or she can contact an employee of the controller at any time for this purpose.
a) Right to confirmation
- the purposes of the processing
- the categories of personal data concerned
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
- the right to lodge a complaint with a supervisory authority
- where the personal data are not collected from the data subject, any available information as to their source
- the existence of automated decision-making, including profiling, referred to in GDPR Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject
Every data subject affected by the processing of personal data has the right granted by the European legislative and regulatory authority to obtain from the controller at any time and without charge information about the personal data stored in relation to their person and a copy of that information. The European legislative and regulatory authority has also granted the data subject access to the following information:
b) Right to information
If a data subject wishes to exercise this right to correction then they can contact an employee of the controller at any time for this purpose.
Every data subject affected by the processing of personal data has the right granted by the European legislative and regulatory authority to demand without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
c) Right to rectification
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent on which the processing is based according to GDPR Article 6(1) point (a) or GDPR Article 9(2) point (a), and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to GDPR Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to GDPR Article 21(2).
- The personal data have been unlawfully processed.
- The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in GDPR Article 8(1).
Every data subject affected by the processing of personal data has the right granted by the European legislative or regulatory authority 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:
d) Right to erasure (‘right to be forgotten’)
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to GDPR Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
Every data subject affected by the processing of personal data has the right granted by the European legislative or regulatory authority to obtain from the controller restriction of processing where one of the following applies:
e) Right to restriction of processing
The data subject can contact an employee of SMAPAX GmbH at any time to exercise his or her right to data portability.
In exercising his or her right to data portability pursuant to GDPR Article 20(1) the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others.
Every data subject affected by the processing of personal data has the right granted by the European legislative or regulatory authority to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. The data subject also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided where the processing is based on consent pursuant to GDPR Article 6(1) point (a) or GDPR Article 9(2) point (a) or on a contract pursuant to GDPR Article 6(1) point (b), and the processing is carried out by automated means, in so far as the processing is not 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 data portability
The data subject can contact any employee of SMAPAX GmbH or another employee directly to exercise his or her right to object. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to GDPR Article 89(1), the data subject, on grounds relating to his or her particular situation, shall also have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
Where SMAPAX GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data concerning him or her for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. Where the data subject objects to processing for direct marketing purposes, SMAPAX GmbH shall no longer process the personal data for such purposes.
In the event of an objection, SMAPAX GmbH shall no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
Every data subject affected by the processing of personal data has the right granted by the European legislative and regulatory authority to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on GDPR Article 6(1) point (e) or (f), including profiling based on those provisions.
g) Right to object
If the data subject wishes to exercise rights relating to automated decision-making then he or she can contact an employee of the controller at any time for this purpose.
If the decision-making (1) is necessary for entering into, or performance of, a contract between the data subject and the controller or (2) if it is based on the data subject’s explicit consent, SMAPAX GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
Every data subject affected by the processing of personal data has the right granted by the European legislative and regulatory authority not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her in so far as the decision (1) is not
necessary for entering into, or performance of, a contract between the data subject and the data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests or (3) is not based on the data subject's explicit consent.
h) Automated individual decision-making, including profiling
If the data subject wishes to exercise his or her right to withdraw his or her consent then he or she can contact an employee of the controller at any time for this purpose.
Every data subject affected by the processing of personal data has the right granted by the European legislative and regulatory authority to withdraw consent to the processing of personal data at any time.
i) Right to withdraw consent under data protection law
7. Legal basis of processing
Our company takes GDPR Article 6(1) point (a) as a legal basis for processing operations for which we obtain consent for a particular processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case for example with processing operations necessary for the supply of goods or provision of any other service or return service, then the processing is based on GDPR Article 6(1) point (b). The same applies to processing operations necessary to take steps prior to entering into a contract, for example in cases of enquiries about our products or services. If our company has a legal obligation to process personal data, such as for example to comply with tax duties, then the processing is based on GDPR Article 6(1) point (c). In rare cases the processing of personal data could be necessary to protect the vital interests of the data subject or of another natural person. This would be the case for example if a visitor to our company were to be injured and his name, age, sickness insurance data or other vital information had then to be passed to a doctor, hospital or other third party. Processing would be based on GDPR Article 6(1) point (d) in this case. Finally, processing operations could be based on GDPR Article 6(1) point (f). This is the legal basis for processing operations not covered by any of the aforesaid legal bases if processing is necessary to safeguard the legitimate interests of our business or of a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. We are permitted such processing operations in particular because they have been specifically mentioned by the European legislator who has expressed the opinion that a legitimate interest could exist where the data subject is a client of the controller (GDPR Recital 47 sentence 2).
8. Legitimate interests in processing which are pursued by the controller or a third party
If the processing of personal data is based on GDPR Article 6(1) point (f) then our legitimate interest is the conducting of our business activities in favour of the well-being of all of our employees and shareholders.
9. Period for which the personal data are stored
The criterion for the period for storing personal data is the respective statutory retention period. At the end of this period the relevant data will be routinely deleted if they are no longer required to fulfil or initiate a contract.
10. Statutory or contractual requirement to provide personal data; necessity for entry into a contract; duty of the data subject to provide the personal data; possible consequences of failure to provide such data
You should be aware that the provision of personal data is in part required by statute (e.g. tax regulations) or can also arise from contractual provisions (e.g. information about the contract partner). To enter into a contract it can sometimes be necessary for a data subject to provide us with personal data which we subsequently have to process. For example, the data subject is obliged to provide us with personal data if our company enters into a contract with him or her. Failure to provide the personal data would mean that the contract could not be entered into with the data subject. The data subject must contact one of our employees before providing his or her personal data. Our employee will then advise the data subject on a case-by-case basis whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether there is an obligation to provide the personal data and of the possible consequences of failure to provide such data.
11. Existence of automated decision-making
As a responsible-minded business we do not use automated decision-making or profiling.