Legal Notice (Imprint) & Privacy Policy

Legal Notice (Imprint) & Privacy Policy

Legal information and company details:

SMS Business Software Solution GmbH

A company of the “d4p” group (digital4production)

Responsible pursuant to § 5 TMG; formerly § 6 MDStV & § 6 TDG
SMS Business Software Solution GmbH
Carl-Zeiss-Straße 27–29
73230 Kirchheim unter Teck, Germany

Platzgasse 8
89182 Bernstadt, Germany

Commercial Register: Stuttgart HRB 736583
VAT ID: DE 268 025 872

Phone: +49 7021 92804 00
Fax: +49 7021 92804 99

Managing Director: Peter Faßbinder
Editorial contact / point of contact: Simon Wöhrle.

Disclaimer — Legal Information

1. Limitation of liability

The contents of this website are created with the greatest possible care. Nevertheless, the provider assumes no liability for the accuracy, completeness or timeliness of the content provided. Use of the website content is at the user’s own risk. Author-attributed articles reflect the opinion of the respective author and not necessarily that of the provider. No contractual relationship between the user and the provider arises solely from the use of the website.

2. External links

This website contains links to third-party websites (“external links”). Such sites are the responsibility of their respective operators. When the external links were first created, the provider checked the third-party content for any legal violations; none were apparent at that time. The provider has no influence on the current or future design or content of the linked pages and does not adopt those contents as its own. Continuous monitoring of external links without specific indications of legal infringement is unreasonable for the provider. However, upon becoming aware of infringements, such links will be removed immediately.

3. Copyright and related rights

All content published on this website is subject to German copyright and related rights. Any use not permitted by German copyright and related-rights law requires the prior written consent of the provider or the respective rights holder. This applies in particular to reproduction, adaptation, translation, storage, processing or playback of content in databases or other electronic media and systems. Contents and rights of third parties are identified as such. Unauthorised reproduction or distribution of individual contents or complete pages is not permitted and is punishable by law. Only the making of copies and downloads for personal, private and non-commercial use is allowed. Display of this website within external frames is permitted only with written permission.

4. Data protection (short notice)

When visiting the provider’s website, information such as date, time, pages viewed and IP address may be saved. This data is evaluated solely for statistical purposes and is not passed on to third parties for commercial or non-commercial purposes. Where the site offers the option to enter personal or business data (e.g., email addresses, names, postal addresses, application documents), the disclosure of such data by the user is expressly voluntary. The provider points out that data transmission over the internet (e.g., communication by email) can have security gaps and cannot be completely protected from access by third parties. Use of the contact data published in the imprint for commercial advertising is expressly not desired unless the provider has given prior written consent or there is an existing business relationship. The provider and all persons named on this website hereby object to any commercial use and disclosure of their data.

Google Analytics notice (excerpt): This website uses Google Analytics (Universal Analytics). Data, sessions and interactions can be assigned to a pseudonymous user ID across devices. The IP anonymisation feature is active within the EU/EEA; only in exceptional cases will the full IP be transferred to the USA and shortened there. Legal basis: § 15(3) TMG and Art. 6(1)(f) GDPR. You can prevent cookies via your browser and install the opt-out add-on provided by Google. Data linked to cookies/user IDs/advertising IDs is deleted after 14 months. For details, see Google’s terms and privacy policy. (This privacy notice section is provided by intersoft-consulting.de.)

WiredMinds analytics: This website uses tracking-pixel technology from wiredminds GmbH to analyse visitor behaviour. Usage profiles may be created under a pseudonym and anonymised where possible and reasonable; cookies may be used. Data collected will not be used to personally identify visitors without separate consent and will not be merged with personal data relating to the bearer of the pseudonym. Where IP addresses are collected, the last number block is immediately anonymised. An opt-out is available.

5. Special terms of use

Where special conditions for individual uses of this website deviate from items 1–4 above, this will be expressly indicated in the relevant place. In such cases, the special terms apply. (Source for template texts as indicated on the German page: Juraforum.de / datenschutzbeauftragter-info.de.)

I. Name and address of the controller

SMS Business Software Solution GmbH
Carl-Zeiss-Straße 27–29, 73230 Kirchheim unter Teck, Germany
Platzgasse 8, 89182 Bernstadt, Germany
Phone: +49 7021 92804 00 • Fax: +49 7021 92804 99
Email: christian.boennhoff@smserp.de. German

We value your privacy. Processing of personal data (e.g., name, address, email address, phone number) is carried out in accordance with the GDPR and the applicable national data-protection provisions. With this privacy policy, we inform the public about the type, scope and purpose of the personal data we collect, use and process, and about the rights of data subjects. German

II. Use of our websites

A. Collection of general information (server logs)
When you access our website, information of a general nature is automatically collected (server log files), e.g., browser type, operating system, the domain name of your ISP, and similar. This information does not allow conclusions about your person. It is technically necessary to deliver the content you requested and is used for statistical analysis to optimise our website and underlying technology. German

B. Cookies
We use cookies (small text files stored on your device). They cannot be used to launch programs or transmit viruses. Cookies help make navigation easier and enable correct display of our pages. We never pass on data collected via cookies to third parties, nor do we link it to personal data without your consent. You can view our website without cookies; most browsers accept cookies by default, but you can disable them in your settings. Some features of the site may not function properly if cookies are disabled. German

C. SSL/TLS encryption
To protect your data during transmission, we use state-of-the-art encryption (e.g., SSL) via HTTPS. German

D. Newsletter
With your explicit consent, we send newsletters or similar information to the email address you provide. A valid email address is required. We use double opt-in and log the sign-up, the confirmation email and the confirmation reply. You can revoke consent at any time via the unsubscribe link in every newsletter or by contacting us. We do not share newsletter data with third parties. German

E. Contact form
If you contact us via email or a contact form, you voluntarily consent to us contacting you. A valid email address is required to assign and respond to your enquiry; additional details are optional. We store the information provided to process your request and for potential follow-up questions, and delete the data automatically after your request has been completed. German

F. Deletion / blocking of data
We adhere to the principles of data minimisation. We store your personal data only as long as necessary to achieve the purposes stated here or as required by law. After the purpose ceases to apply or statutory retention periods expire, data is routinely blocked or deleted in accordance with legal requirements. German

G. Use of Google Analytics
See Google Analytics notice above (cookies; IP anonymisation within the EU/EEA; legal basis Art. 6(1)(f) GDPR; opt-out add-on; 14-month retention; links to Google terms/privacy). German

G. Analysis by wiredminds
See wiredminds note above (tracking pixel; pseudonymous usage profiles; cookies; immediate anonymisation of IP addresses; opt-out). German

III. Data protection for customers

For pre-contract steps and contract performance/service delivery, we process personal data such as address and contact details, information on conversations held, your requirements, quotes and other information you provide. For corporate clients, this includes contact data of our counterparts. For payments we may process bank details and/or credit-card information. Where external partners are involved in service delivery, they may receive the information necessary to perform their services. We use supporting systems (IT environment, CRM/ERP, financial accounting), which service providers may access for maintenance; appropriate data-processing agreements are in place. German

IV. Data protection for applicants (recruitment)

We collect and process applicants’ personal data for the purpose of handling the application process, including electronically (e.g., by email or web form). If an employment contract is concluded, the transmitted data is stored for the purpose of processing the employment relationship in compliance with legal requirements. If no contract is concluded, the application documents are automatically deleted four months after notification of the rejection decision, unless other legitimate interests (e.g., proof obligations under the German General Equal Treatment Act — AGG) prevent deletion. German

V. Data protection for suppliers

In the selection of suppliers/service providers we store and process information about you; for supplier checks/evaluations we may obtain additional information (e.g., from credit agencies). For order processing we process order-specific information in addition to master data. For corporate contacts we process contact data of our counterparts. Supporting systems (IT environment, CRM/ERP, financial accounting) may be used, with maintenance access by service providers; appropriate processing agreements are in place. German

VI. General information

A. Legal bases for processing
Depending on the purpose, processing is based on Art. 6(1)(a) GDPR (consent), Art. 6(1)(b) GDPR (performance of a contract or pre-contractual measures), Art. 6(1)(c) GDPR (legal obligation), Art. 6(1)(d) GDPR (vital interests) or Art. 6(1)(f) GDPR (legitimate interests). Recital 47 sentence 2 GDPR recognises that a legitimate interest may be assumed if the data subject is a customer of the controller. German

B. Legitimate interests pursued by the controller or a third party
Where processing is based on Art. 6(1)(f) GDPR, our legitimate interest is the conduct of our business for the benefit of all our employees and shareholders. German

C. Purposes of processing by us and third parties
We process your personal data only for the purposes stated in this privacy policy. We do not transfer your personal data to third parties for purposes other than those listed, unless you have given explicit consent, processing is required to fulfil a contract with you, to comply with a legal obligation, or to protect legitimate interests and there is no reason to assume you have an overriding interest in non-disclosure. German

D. Transfers to third countries
In individual cases (e.g., when using web services with Google services or newsletter providers), personal data may be transferred to third countries. We ensure appropriate safeguards for the protection of your data; proof can be requested from our data-protection contact. German

E. Deletion / blocking
See section F above (data minimisation; deletion/blocking after purpose ceases or statutory retention periods expire). German

F. Statutory or contractual requirements for providing personal data; necessity for contract conclusion; obligation of the data subject to provide data; consequences of non-provision
Provision of personal data may be partly required by law (e.g., tax regulations) or result from contractual obligations (e.g., information about the contracting party). In some cases, it may be necessary for a contract that a data subject provides personal data that must subsequently be processed by us. If personal data is not provided, a contract with the data subject may not be concluded. Before providing personal data, please contact one of our employees; we will explain on a case-by-case basis whether provision is legally/contractually required or necessary for contract conclusion, whether there is an obligation to provide the data and what the consequences of non-provision would be. German

G. Automated decision-making
As a responsible company, we do not use automated decision-making or profiling. German

H. Your rights as a data subject
At any time, using the contact details provided, you may exercise the following rights: access to your data and processing, rectification of inaccurate personal data, deletion of your data, restriction of processing (where deletion is not yet possible due to legal obligations), objection to processing, data portability (where processing is based on consent or contract). If you have given us consent, you may revoke it at any time with effect for the future. You can lodge a complaint with your competent supervisory authority. A list of supervisory authorities (non-public sector) with addresses is available from the German Federal Commissioner for Data Protection and Freedom of Information. German

I. Changes to this privacy policy
We reserve the right to adapt this privacy policy occasionally so that it always complies with current legal requirements or to reflect changes to our services (e.g., introduction of new services). The new privacy policy will then apply to your next visit. German

J. Questions about data protection
For questions about data protection, please email christian.boennhoff@smserp.de or contact:
SMS Business Software Solution GmbH, Carl-Zeiss-Straße 27–29, 73230 Kirchheim unter Teck, Germany.
General contact: website@smserp.de • +49 7021 92804 21. German