Data Protection Policy

Our data protection policy

1. General information and principles of data processing

We are pleased that you are visiting our website. The protection of your privacy and the protection of your personal data, the so-called personal data, is an important concern to us.
In accordance with Article 4(1) GDPR, personal data means any information relating to an identified or identifiable natural person. This includes, for example, information such as first and last name, address, telephone number, email address, but also an IP address.

Data that cannot be linked to your person, for example through anonymisation, is not personal data. Processing of personal data (e.g. collection, storage, readout, retrieval, use, transmission, deletion or destruction) according to Article 4(2) GDPR always requires a legal basis or a consent. Processed personal data must be deleted as soon as the purpose of their processing has been achieved, and there are no longer any legally prescribed retention obligations.

Here you will find information on the handling of your personal data upon visiting our website. In order to provide the functions and services of our website, it is necessary for us to collect your personal data.

In the following, we explain the type and scope, purpose, legal basis and storage period of the respective data processing.

This data protection policy only applies to this particular website. It does not apply for other websites which are merely referenced via hyperlink. We cannot assume responsibility for the confidential handling of your personal data on these third-party websites, since we do not have any influence in the data protection compliance by these companies. Please inform yourself on the handling of personal data by these companies directly on their websites.

2. Controller

Responsible for the processing of personal data on this website (see imprint) is:

QMware GmbH
Barthstraße 18
80339 Munich
Tel: +49 89 065-780
E-Mail: info@qmware.com

3. Data Protection Officer

If you have any further questions regarding data protection, please feel free to contact our data protection officer:
info@qm-ware.com
QMware GmbH
Barthstraße 18
80339 München

4. Provision and use of the website/ server log files

a) Type and extent of data processing
With each access of a user to an internet page of our web offer and each retrieval of a file, data about this procedure will automatically be recorded in a log file and will then be processed.

If you use this website without otherwise (e.g. through registration or when using the contact form) transmitting data to us, we will collect technically necessary data over server log files, which will automatically be transmitted to our server:

• information about the browser type and version used
• operating system of the user
• IP-address of the user
• date and time of the request
• accessed page/ name of the retrieved file
• transferred data volume
• notification, whether the access/ retrieval was successful
• internet address, from which the site respectively the file or the desired function was initiated (referrer URL)

b) Purpose of data processing
The legitimate interest for the collection and processing of the mentioned data including the IP-address is based on the fact, that this data is necessary in order to provide the use of our web offer, for instance to display the accessed website. In addition, the legitimate interest in the storage of the IP-address is based on the requirement to guarantee IT security, in particular the protection of our IT systems against misuse and to ward off attacks.

c) Legal basis
Legal basis for the collection and processing of the data is Article 6(1)(f) GDPR.

d) Storage period
The aforementioned data will be recorded for the duration of the communication process. To guarantee IT security, the IP-address will be saved for an additional short period of time of no more than 180 calendar days. Subsequently, this data shall be deleted.

e) Right of objection

If your personal data is processed in accordance with Article 6(1)(f) GDPR you have a right of objection in accordance with Article 21 GDPR. However, in the case of the specific data processing operation, we have compelling legitimate grounds for the processing the data that are necessary for the protection of these data, because without the processing of these data we cannot provide and operate our website.

5. Use of cookies

We use cookies. Cookies are small files that are placed on your computer and stored by your browser. Some functions of our website cannot be offered without the use of technically necessary cookies, whereas other cookies allow us to perform various analyses. For example, some cookies can recognize the browser you are using when returning to our website and transmit various information to us. We use cookies in order to facilitate and improve the use of our website. For instance, through cookies we can create a more user-friendly and effective web offer for you, for example by retracing your use of our website and determining your preferred settings (e.g. country and language settings). If third parties process information via cookies, this information will be directly collected via your browser. Cookies do not cause any damage to your terminal device. They can neither run programs nor contain viruses. Various types of cookies are used on our website, their type and function are explained in the following:

a) Temporary cookies/ session cookies
Our website uses so-called temporary cookies or session cookies, which are automatically deleted when you close your browser. Through this type of cookies, it is possible to record your session ID. This allows various requests from your browser to be assigned to a common session and makes it possible to recognize your terminal device during subsequent visits to the website. These session cookies expire at the end of the session.

b) Persistent cookies
Our website uses so-called persistent cookies. Persistent cookies are cookies that are stored in your browser over a longer period of time and can transmit information. The respective storage period varies depending on the cookie. Permanent cookies may be deleted independently via your browser settings.

c) Configuration of browser settings
Most web browsers are pre-set to accept cookies automatically. However, you can configure your browser to only accept only certain or reject all cookies. Having said this, we would like to point out that you may then no longer be able to use all of our website’s functions.
Additionally, you can use your browser settings to delete cookies already stored in your browser. Furthermore, it is possible to set up your browser in such a way that you are informed before cookies are stored. Since the different browsers may vary in their respective functions, we ask you to use the help menu of your browser for the corresponding configuration options.
Disabling the use of cookies may require the storage of a permanent cookie on your computer.
If you subsequently delete this cookie, you will have to set it again for it to remain effective.

d) Cookie Consent with the consent management platform Borlabs Cookie
Our website uses consent management platform Borlabs Cookie to obtain your consent in the storage of cookies in your browser and document these in compliance with data protection. Provider of Borlabs Cookie is Borlabs – Benjamin A. Bornschein, Rübenkamp 32, 22305 Hamburg.
Upon entering the website, Borlabs Cookie stores a cookie in your browser, in which your obtained consent or the revocation of consent are documented. However, this data will not be transmitted to the provider Borlabs Cookie. This is a required cookie, which does not need a consent.
Legal basis for the data processing is Article 6(1)(a) GDPR. We use Borlabs Cookie to ensure compliance with our legal obligations.

The cookies are stored until you ask us to delete this data, you delete the cookie yourself or the storage is no longer necessary for the purpose of data processing.

Further information on Borlabs Cookie can be found here: https://de.borlabs.io/kb/welche-daten-speichert-borlabs-cookie/. You can change your cookie settings at any time using the following link:

Change Cookie Preference

e) Categories of cookies
We use the following categories of cookies:

Required cookies
Required cookies ensure functions that are essential to use our website as intended. These absolutely necessary cookies are used, for example, to ensure that registered users remain logged in when accessing various subpages. These are so-called first party cookies are only used by us. The legal basis for the processing of your personal data is Article 6(1)(f) GDPR, as we have a legitimate interest in maintaining the functionality of our website. You have a right of objection according to Article 21 GDPR. In the case of technically necessary cookies, however, we have compelling reasons worthy of protection for processing the data, because without processing this data we cannot properly provide our website or the respective functionality of the website.
As soon as the cookies are no longer required for the purposes described, they are deleted.

Statistics cookies
Statistics Cookies collect information about how a website is used in order to improve its attractiveness, content and functionality. For example, the following data is collected:

• number of visits to a website or sub-pages
• time spent on the website
• sequence of visited pages
• search terms
• country, region, city from which access is made
• analysis which areas of our website are of particular interest to you

The legal basis for the processing of this personal data is your consent in accordance with Article 6(1)(a) GDPR. As soon as the cookies are no longer required for the purposes described, the storage period ends or you withdraw your consent, these cookies are deleted.

Cookies by external services/ other cookieless data transmissions to external services
External content of video- or social media platforms are blocked by default. If you consent in using a cookie and / or the disclosure of your data to external services, we will display this external content and transmit your data to these external services.

The legal basis for the processing of this personal data is your consent in accordance with Article 6(1)(a) GDPR. As soon as the personal data are no longer required for the purposes described, the storage period ends or you withdraw your consent, these personal data are deleted.

f) List of cookies we use
A list and description of the cookies we use can be found in the following charts:

Required cookies:

 

Tool
Name
Cookie NameHostPurposeLegal basisStorage period
Borlabs Cookieborlabs-cookieQMware AGStorage of the user’s consent status for cookies on domainLegal obligation

Article 6(1)(c) GDPR

1 year
Uncode

 

uncodeAI.screen

uncodeAI.css

uncodeAI.images

QMware AGDelivery of correctly sized images.Legitimate Interests

Article 6(1)(f) GDPR

Permanent

 

Statistics cookies

Tool
Name
Cookie NameHostPurposeLegal basisStorage period
Google Analytics_gaGoogle Ireland Ltd.Analysis/ evaluation of user behaviorConsent

Article 6(1)(a) GDPR

2 years
Google Analytics_gidGoogle Ireland Ltd.Analysis/ evaluation of user behaviorConsent

Article 6(1)(a) GDPR

24 hours
Google Analytics_gatGoogle Ireland Ltd.Analysis/ evaluation of user behaviorConsent

Article 6(1)(a) GDPR

1 minute

 

External media:

Tool
Name
Cookie NameHostPurposeLegal basisStorage period
YouTubeNIDGoogle Ireland Ltd.Used to unlock YouTube content.Consent

Article 6(1)(a) GDPR

6 months

 

6. Services with required cookies

We only use required cookies for our consent management platform.

7. Services with statistics cookies

Google Analytics
a) Type and scope of data processing
On our website we use the tracking tool Google Analytics of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, Tel: +353 1 543 1000, Fax: +353 1 686 5660 („Google“).
We have contracted a so-called data processing agreement with Google.

We have concluded a so-called order processing agreement insofar as Google acts as a processor for us. The data sharing settings to Google has been deactivated, so that consequently there is no joint controllership with Google. Google Analytics uses cookies, which are text files placed on your computer, to help the website analyze how users use the site.

The information generated by cookies about your use of this website is usually transferred to a Google server in the USA and stored there. On behalf of the operator of this website, Google will use this information for the purpose of systematically evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator.

If individual pages of our website are called up, the following data is stored:

• three bytes of the IP-address of the calling system of the user (anonymized IP-address)
• accessed website
• website from which the user accessed the page of our website (referrer)
• sub-pages that are called from the caller page
• time spent on the website
• frequency of a call of the website
• scroll behavior and clicks
• achievement of „website objectives“ (e.g. newsletter registrations)
• approximate location
• information about the used browser, internet provider and device information

We use Google Analytics with enabled IP anonymization. Through this, the IP addresses are shortened by the last octet (e.g. 192.168.79.***; so-called IP masking). It is no longer possible to assign the abbreviated IP address to the calling computer or terminal device.

Google Ireland Limited transmits data to Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. We would like to point out that the European Court of Justice (ECJ) has doubts about the adequacy of the level of data protection in the USA. In particular, there is a risk that personal data may be processed by government authorities for control and monitoring purposes, possibly also without any legal remedy.

b) Purpose of data processing
The service of Google Analytics is used to analyse the usage behaviour of our online presence.

c) Legal basis
The legal basis for the use of Google Analytics is your consent pursuant Article 6(1)(a) GDPR.

d) Storage period
The stored data will be deleted as soon as the cookie expires, or you withdraw your consent.
Google Analytics stores cookies in your web browser for a period of 14 months since your last visit. These cookies contain a randomly generated user ID that allows you to be recognized during future visits to the website.

The recorded data is stored together with the randomly generated user ID, which enables the evaluation of pseudonymous user profiles. This user-related data is automatically deleted after 14 months. Other data remains stored in aggregated form for an unlimited period.

e) Right of withdrawal
The stored data will be deleted as soon as you withdraw your consent by deselecting the selected cookie category „Statistics“ under „Cookie Preferences“.
In addition, you can prevent file processing by the cookie by downloading and installing a add-on under a browser to disable Google Analytics or by using this link to install an opt-out cookie on your device.

f) Further information
Learn more about the terms of use of Google Analytics:
https://marketingplatform.google.com/about/analytics/terms/gb/
Further information on Google Analytics data protection:
https://support.google.com/analytics/answer/6004245?hl=en
Further information on Google’s privacy policy can be found here: https://policies.google.com/terms?gl=DE&hl=en

8. Google Tag Manager
We use Google Tag Manager. Google Tag Manager is a service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, Tel: +353 1 543 1000, Fax: +353 1 686 5660, („Google“) that allows marketers to manage website tags through a single interface.

Google Ireland Limited transmits data to Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. We would like to point out that the European Court of Justice (ECJ) has doubts about the adequacy of the level of data protection in the USA. In particular, there is a risk that personal data may be processed by government authorities for control and monitoring purposes, possibly also without any legal remedy.

Google Tag Manager only implements tags. Tags are small elements of code on your website which, among other things, serve to measure traffic and visitor behaviour, to identify the impacts of online advertisement and social channels, use remarketing and targeting and to test and optimize your website. This means: No additional cookies are used. Google Tag Manager triggers other tags, which may collect data. Google Tag Manager does not access this data. If deactivation has been made at the domain or cookie level – in particular, if you have opted for the Google Analytics opt-out solution described above or have made the corresponding settings in your browser – it will remain in effect for all tracking tags provided that these are implemented with the Google Tag Manager.
For more information see Google’s privacy policy: https://policies.google.com/terms?gl=DE&hl=en
Privacy Policy for Advertising: www.google.de/intl/de/policies/technologies/ads.

9. Services with external media

Integration of YouTube videos
a) Type and scope of data processing
We have included YouTube videos in our online offering, which are stored at http://www.YouTube.com and can be played directly from our website. YouTube is a service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland, Tel: +353 1 543 1000, Fax: +353 1 686 5660 („Google“).

We use YouTube with the „enhanced privacy mode“ feature to display videos to you. Because of the „enhanced privacy mode“ there is no automatic connection to the YouTube server.

The following data, which is explained in more detail, is only transmitted to the YouTube server when you actually start a video. The videos and any data transfer are initially blocked by our consent management platform. As soon as you have given your consent to the data processing by Google via our Consent Management Platform or by consenting to the respective video, the videos will be activated and the data processing and data transfer to Google will take place.

YouTube collects cookies, your IP address, the date and time, and the website you visited. This occurs regardless of whether YouTube provides a user account through which you are logged in or whether no user account exists. In addition, a connection to Google’s advertising network „DoubleClick“ is established. If you are logged in to YouTube at the same time, YouTube assigns the connection information to your YouTube account. To prevent this, you can either log out of your YouTube user account before visiting our website or make the appropriate settings in your YouTube user account to prevent this.

Google Ireland Limited transmits data to Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. We would like to point out that the European Court of Justice (ECJ) has doubts about the adequacy of the level of data protection in the USA. In particular, there is a risk that personal data may be processed by government authorities for control and monitoring purposes, possibly also without any legal remedy.

b) Purpose of data processing
We use YouTube to play videos on our website.

c) Legal basis
The legal basis is your consent pursuant to Article 6(a) GDPR.

d) Storage period
The stored data will be deleted as soon as the cookie expires, or you withdraw your consent.

e) Right of withdrawal
You can withdraw your consent by deselecting the selected cookie category „external media“ under „Cookie Preferences“.

f) Further information
Further information on data processing by Google can be found in Google’s privacy policy at https://www.google.com/intl/en/policies/privacy

10. Google Fonts
a) Type and scope of data processing
We use external fonts from Google Fonts on this website. Google Fonts is a service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, Tel: +353 1 543 1000, Fax: +353 1 686 5660 („Google“).
The integration of these web fonts is carried out through a server call, usually one of Google’s servers in the United States. Hereby, the server will receive information on which websites you visited. Also, Google stores the IP address of the visitor’s terminal device’s browser.

Google Ireland Limited transmits data to Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. We would like to point out that the European Court of Justice (ECJ) has doubts about the adequacy of the level of data protection in the USA. In particular, there is a risk that personal data may be processed by government authorities for control and monitoring purposes, possibly also without any legal remedy.

b) Purpose of data processing
The purpose of using Google Fonts is the uniform presentation of fonts.

c) Legal basis
Legal basis for the use of Google Fonts is Article 6(1)(f) GDPR. We have a legitimate interest in ensuring that our fonts are technically secure and consistent.

d) Storage period
The stored data will be deleted as soon as they are no longer needed for our purposes.

e) Right of objection
You have the right to object to such processing. You have a right of objection according to Article 21 GDPR. In the case of technically necessary cookies, however, we have compelling reasons worthy of protection for processing the data, because without processing this data we cannot display the fonts of the website properly.

f) Further information
Further information on data processing by Google can be found in Google’s privacy policy at https://www.google.com/intl/en/policies/privacy

11. Data collection for the implementation of pre-contractual measures and for contract fulfilment

a) Type and scope of data processing
In the pre-contractual area and at the conclusion of the contract we collect personal data about you (e.g., first and last name, address, e-mail address, telephone number, bank details.

b) Purpose of data processing
We collect and process this data exclusively for the purpose of contract execution and/or for the fulfilment of pre-contractual obligations.

c) Legal basis
The legal basis for this is Article 6(1)(b) GDPR. The processing of the data serves the fulfilment of a contract or the implementation of pre-contractual measures.

d) Storage period
The data will be deleted as soon as they are no longer necessary for the purpose of their processing.
In addition, statutory retention obligations may exist, such as commercial or tax retention obligations in accordance with the German Commercial Code (HGB) or the German Fiscal Code (AO). If such storage obligations exist, we will block or delete your data at the end of these storage obligations.

12. Data transmission

We only pass on your personal data to third parties if
a) you have given your explicit consent to do so in accordance with Article 6(1)(a) GDPR.
b) this is legally permissible and, in accordance with Article 6(1)(b) GDPR, is necessary for the fulfilment of a contractual relationship with you or the implementation of pre-contractual measures.
c) there is a legal obligation under Article 6(1)(c) GDPR for the transfer.
We are legally obliged to transfer data to state authorities, e.g. tax authorities, social security carriers, health insurances, supervisory authorities and law enforcement agencies.
d) the disclosure in accordance with Article 6(1)(f) GDPR is necessary to safeguard legitimate corporate interests and to assert, exercise or defend legal claims, and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data.
e) we use external service providers (so-called processors) to process personal data in accordance with Article 28(3) GDPR. These processors have been carefully selected by us and are obliged by a data processing agreement to handle personal data in accordance with data protection regulations.
We use such external service providers in the following areas:

• IT
• logistics
• telecommunications
• distribution
• marketing

When transferring personal data to so-called third countries, i.e. outside the EU or EEA, we ensure that your personal data is treated with the same care as within the EU or EEA. We only transfer personal data to third countries where the EU Commission has confirmed an adequate level of data protection or where we have ensured the careful handling of personal data by contractual agreements or other suitable guarantees.

13. Contact form

a) Type and scope of data processing
On our website we allow you to send us messages via our contact form. When you use our contact form, you can enter your name, your email adress and the content of your message. The entry of this information is voluntary. Only if you provide us with your name, we can contact you under your name. We can only contact you using the contact data that you provide to us. If you do not provide us with contact data, we will not be able to respond to your request.

b) Purpose of data processing
If you send us a message via our contact form, we store and use your information to the extent that we need it to process your message, e.g. to respond to your inquiry or to fulfill your request for information.

c) Legal basis
If your inquiry serves the preparation of the conclusion of a contract or the conclusion of a contract with us, the legal basis for the processing of your personal data is Article 6(1) (b) GDPR. Otherwise, i.e. when contacting us via our contact form in cases other than those listed above, Article 6(1) (f) GDPR is the legal basis for the processing of your personal data. Our legitimate interest for processing your personal data follows from the processing of your message, e.g. answering your inquiry or fulfilling your request for information.

d) Storage period
Your data will be deleted after final processing of your message, unless you have given us consent on the basis of which we are entitled to further storage and use.
Mandatory legal provisions – in particular retention periods according to the German Commercial Code (HGB) or the German Fiscal Code (AO) – remain unaffected by this.

14. Contact options by e-mail

a) Type and scope of data processing
You can contact us by e-mail. Our data collection is limited to the e-mail address of the e-mail account used by you to contact us as well as to the personal data provided by you in the course of contacting us. If you send us an e-mail without encryption, the e-mail is not protected against unauthorized access or modification by third parties during transmission.

b) Purpose of data processing
The purpose of data processing is to be able to answer your request appropriately.

c) Legal basis
The legal basis for this is Article 6(1)(f) GDPR. There is a legitimate interest in the processing of the above-mentioned personal data in order to be able to process your request appropriately, e.g. to answer your inquiry or to fulfil your request for information.

d) Storage period
The duration of the storage of the above-mentioned data depends on the background of your contact. Your personal data will be deleted on a regular basis if the intended purpose of the communication ceases to apply and storage is no longer necessary. This may result, for example, from processing your request.

15. Data security and security measures

We are committed to protecting your privacy and treating your personal data confidentially. For this prupose, we take extensive technical and organisational security precautions, which are regularly checked and adapted to technological progress.
These include the use of recognised encryption procedures (SSL or TLS). Unencrypted data, e.g. when sent by unencrypted e-mail, may be read by third parties. We have no influence on this. It is the responsibility of the respective user to protect the data provided by him/her against misuse by means of encryption or in any other way.

16. Your rights (as a data subject)

Here you will find your rights regarding your personal data. Details of this are set out in Articles 7, 15-22 and 77 of the GDPR. You can contact the controller (Section 2) or the data protection officer (Section 3) in this regard.

a) Right to withdraw your data protection consent in accordance with Article 7(3) GDPR
You can withdraw your consent to the processing of your personal data at any time with effect for the future. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

b) Right of access according to Article 15 GDPR in conjunction with § 34 BDSG
You have the right to request confirmation as to whether we process personal data concerning you. If this is the case, you have the right to be informed about your personal data and to receive further information, e.g. the purposes of processing, the categories of personal data processed, the recipients and the planned duration of storage or the criteria for determining the duration.

c) Right to rectification and completion under Article 16 GDPR
You have the right to demand the correction of incorrect data without delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete data.

d) Right to erasure („right to be forgotten“) in accordance with Article 17 GDPR in conjunction with § 35 BDSG
You have the right of erasure, as far as the processing is not necessary.
This is the case, for example, if your data are no longer necessary for the original purposes, if you have withdrawn your declaration of consent under data protection law or if the data was processed unlawfully.

e) Right to restriction of processing in accordance with Article 18 GDPR
You have the right to limit the processing, for example if you believe that personal data is incorrect.

f) Right to data portability according to Article 20 GDPR
You have the right to receive personal data concerning you in a structured, common and machine-readable format.

g) Right to object according to Article 21 GDPR
You have the right to object at any time for reasons arising from your particular situation to the processing of certain personal data concerning you.
In the case of direct marketing, you, as the data subject, have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing, including profiling, insofar as it relates to such direct marketing.

h) Automated individual decision-making, including profiling in accordance with Article 22 GDPR
You have the right not to be subject to a decision based solely on automated processing, including profiling, except in the exceptional circumstances referred to in Article 22 GDPR.
You will not be subject to a decision based solely on automated processing of your data, including profiling (Article 13(2)(f) GDPR, Articles 22(1) to (4) GDPR, Article 4(4) GDPR, Articles 22(1) to (4) GDPR in conjunction with § 37 BDSG), which would have legal effect on you or would have a similarly significant adverse effect on you.

i) Right to lodge a complaint with a data protection supervisory authority according to Article 77 GDPR
You can also lodge a complaint with a data protection supervisory authority at any time, for example if you believe that data processing is not in compliance with data protection regulations.

Competent supervisory authority:
Bayerisches Landesamt für Datenschutzaufsicht
Promenade 18
91522 Ansbach
Germany
Postal address: Postfach 1349, 91504 Ansbach, Germany
Tel.: 0981/180093-0
Telefax: 0981/180093-800
E-mail: poststelle@lda.bayern.de
Homepage: https://www.lda.bayern.de

17. Changes to this privacy policy

Our privacy policy serves the fulfilment of legal information duties. We update our data protection declaration as far as this becomes necessary.