Mandatory information under data protection law

Version 06/2018

1. Data controller
   The controller within the meaning of Art. 4 No. 7 of Regulation (EU) 2016/679 (General Data Protection Regulation (GDPR)) is GAPTEQ GmbH, Flintsbacher Straße 12, 83098 Brannenburg, Germany, phone: +49 8034 99590 30, email: info@gapteq.com. The management is authorised to represent the controller. The managing directors are Hermann Hebben, Christian Stöllinger and Steffen Vierkorn.

2. Data processing; legal basis
   a) We collect and process your personal data insofar as this is necessary to establish the contract, to fulfil the contract (e.g. to provide support services) and to terminate the contract. This applies in particular both to the contract as a whole and to agreements on changing the licence type. The legal basis for this is Art. 6 para. 1 sentence 1 letter b of the General Data Protection Regulation (GDPR).
   b) On the basis of a contract with us, third parties ("partners") may be granted the right to broker contracts with persons who are interested in our services, in particular to recommend customers to conclude a contract with us.
   The respective Partner shall receive remuneration for successful referrals in accordance with the respective contractual agreements.
   If the customer was referred by a partner, e.g. by recommendation, the partner must be provided with information about the customer in order to determine the amount of the partner's remuneration, namely
   - Information on the date of commencement and termination of the customer's contract with us and
   - information on the net contract value of the customer's respective contract with us.
   We pass on this information about the customer to the partner for the purpose of billing and verifying the remuneration claim, insofar and as long as this is necessary to determine the amount of the partner's remuneration.
   The customer can inform us
   - whether a partner has referred him and
   - if so: which partner has referred him.
   The legal basis for this data processing is Art. 6 para. 1 sentence 1 letter f of the General Data Protection Regulation (GDPR).

3. Transmission to third parties
   We will only pass on your personal data to third parties if you have given us your consent to do so or if this is permitted by law.
   There is no intention to transfer your personal data to a third country or an international organisation.

4. Deletion and blocking of your personal data
   a) Your personal data will be deleted or blocked as soon as it is no longer required for processing to comply with legal obligations and the purpose of storage no longer applies.
   b) Please note that even after termination of a contract, it may be necessary to store personal data in order to fulfil contractual or legal obligations, e.g.
   aa) to fulfil retention obligations under commercial or tax law (e.g. under the German Commercial Code and the German Fiscal Code) with retention periods of up to ten years, calculated from the end of the calendar year, or
   bb) for the assertion or exercise of claims or rights or for the defence against rights or claims, this within the framework of the statutory provisions on the statute of limitations, which can be up to 30 years from the respective statutory commencement of the limitation period.

5. Rights of the data subject
   You have the following rights vis-à-vis us with regard to the personal data concerning you in accordance with the statutory provisions:
   a) Right of access (Art. 15 GDPR in conjunction with Art. 34 BDSG)
   You have the right to request confirmation as to whether we are processing personal data concerning you. If this is the case, you have the right to information about this personal data and to further information, e.g. the processing purposes, the recipients and the planned duration of storage or the criteria for determining the duration.
   b) Right to rectification (Art. 16 GDPR)
   You have the right to request the rectification of inaccurate data without undue delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete data.
   c) Right to erasure ("right to be forgotten") (Art. 17 GDPR in conjunction with Art. 35 BDSG)
   You have the right to erasure if the processing is not necessary. This is the case, for example, if your data is no longer required for the original purposes, you have revoked your declaration of consent under data protection law or the data has been processed unlawfully.
   d) Right to restriction of processing (Art. 18 GDPR)
   You have the right to restrict processing, e.g. if you believe that the personal data is incorrect.
   e) Right to data portability (Art. 20 GDPR)
   You have the right to receive the personal data concerning you in a structured, commonly used and machine-readable format.
   f) Right to object (Art. 21 GDPR in conjunction with Section 36 GDPR)
   You have the right to object at any time, on grounds relating to 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 purpose of such marketing, which includes profiling to the extent that it is related to such direct marketing.

6. Right to withdraw your consent under data protection law (Art. 7 para. 3 GDPR)
   You can withdraw your consent to the processing of your personal data at any time with effect for the future. This does not affect the lawfulness of the processing carried out on the basis of the consent until revocation.

7. Right to lodge a complaint with a supervisory authority
   You can also lodge a complaint with a supervisory authority at any time (Art. 77 GDPR in conjunction with Section 19 BDSG), for example if you are of the opinion that the data processing does not comply with data protection regulations.
   You can lodge a complaint with the supervisory authority responsible for us in accordance with the provisions of the GDPR and the BDSG: Bavarian State Office for Data Protection Supervision, Promenade 27, 91522 Ansbach, Germany, Tel.: +49 981 53 1300, Fax: +49 981 53 98 1300, Internet: https://www.lda.bayern.de/.

8. No automated processing of your data, including profiling, which would produce legal effects concerning you
   You will not be subject to a decision based solely on automated processing of your data, including profiling (Art. 13 para. 2 letter f GDPR, Art. 22 para. 1 to 4 GDPR, Art. 4 no. 4 GDPR in conjunction with Art. 37 BDSG).
   § 37 BDSG) that would have legal effect on you or would significantly affect you in a similar way.

9. Supplementary provisions in the privacy policy of our website. In addition, we refer to the provisions in the data protection notice on our website.

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