Disclaimer

Content liability

The  content of our website has been created with the greatest of care. We  cannot, however, assume any liability for the accuracy, completeness and  up-to-date status of the contents. As a service provider, we are  responsible for the contents of our own pages under general law in  accordance with section 7 (1) of the German Teleservices Act (TMG).  However, in accordance with sections 8 to 10 of the German Teleservices  Act (TMG), as service provider, we are not under any obligation to  monitor any third party information which is either transmitted or  stored or to investigate any circumstances which are indicative of  unlawful activity. Obligations to remove or block the use of information  in accordance with the general law remain hereby unaffected. Any  related liability shall, however, only be incurred from the moment at  which a specific infringement is made known. In the event that such  violations are brought to our attention, the content will be removed  immediately.

Liability for links

This website contains  links to external third-party websites. We have no influence over the  content of these websites. We cannot therefore accept any liability for  this external content. The respective provider or operator is always  responsible for the content of linked pages. Sites which have been  linked were checked for possible legal violations when the link was  established. No illegal contents could be detected at the time at which  the link was created. It is however unreasonable for constant checks on  the content of the linked websites to be carried out unless concrete  evidence of a violation has been provided. Upon notification of  violations, such links will be removed immediately.

Copyright

The  content and works published on this website by the operator are  protected by German Copyright Law. The reproduction, editing,  transmission or any type of use beyond the scope of copyright law shall  require the written permission of the respective author or creator.  Downloads and copies of this site are only permitted for personal,  non-commercial use. Third party copyright shall be respected if the  contents of these pages have not been compiled by the operator. Third  party content is specifically marked as such. We request that you inform  us if you become aware of any copyright infringements. Upon  notification of violations, the content in question will be removed  immediately.

Privacy Policy

We  are very delighted that you have shown interest in our enterprise. Data  protection is of a particularly high priority for the management of  spcfy GmbH. The use of the Internet pages of spcfy GmbH is  possible without any indication of personal data; however, if a data  subject wants to use special enterprise services via our website,  processing of personal data could become necessary. If the processing of  personal data is necessary and there is no statutory basis for such  processing, we generally obtain consent from the data subject.

The  processing of personal data, such as the name, address, e-mail address,  or telephone number of a data subject shall always be in line with the  General Data Protection Regulation (GDPR), and in accordance with the  country-specific data protection regulations applicable to spcfy GmbH. By means of this data protection declaration, our enterprise would  like to inform the general public of the nature, scope, and purpose of  the personal data we collect, use and process. Furthermore, data  subjects are informed, by means of this data protection declaration, of  the rights to which they are entitled.

As the controller,  spcfy GmbH has implemented numerous technical and organizational  measures to ensure the most complete protection of personal data  processed through this website. However, Internet-based data  transmissions may in principle have security gaps, so absolute  protection may not be guaranteed. For this reason, every data subject is  free to transfer personal data to us via alternative means, e.g. by  telephone.

1. Definitions

The data protection declaration  of spcfy GmbH is based on the terms used by the European legislator  for the adoption of the General Data Protection Regulation (GDPR). Our  data protection declaration should be legible and understandable for the  general public, as well as our customers and business partners. To  ensure this, we would like to first explain the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

a) Personal data

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.

b) Data subject

Data  subject is any identified or identifiable natural person, whose  personal data is processed by the controller responsible for the  processing.

c) Processing

Processing is 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.

d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

e) Profiling

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.

f) Pseudonymisation

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.

g) Controller or controller responsible for the processing

Controller  or controller responsible for the processing 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.

h) Processor

Processor is a natural or legal person,  public authority, agency or other body which processes personal data on  behalf of the controller.

i) Recipient

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; the processing of those  data by those public authorities shall be in compliance with the  applicable data protection rules according to the purposes of the  processing.

j) Third party

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.

k) Consent

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

Controller for the purposes of the General Data Protection Regulation (GDPR),  other data protection laws applicable in Member states of the European  Union and other provisions related to data protection is:

spcfy GmbH
Niemeyerstr. 1
D-04179 Leipzig
Amtsgericht Leipzig
HRB 37763

Email: info@spcfy.io
Website: www.spcfy.io

Geschäftsführer: Jérôme Morinière, Niemeyerstr. 1, 04179 Leipzig

3. Cookies

The  Internet pages of spcfy GmbH use cookies. Cookies are text files  that are stored in a computer system via an Internet browser.

Many  Internet sites and servers use cookies. Many cookies contain a  so-called cookie ID. A cookie ID is a unique identifier of the cookie.  It consists of a character string through which Internet pages and  servers can be assigned to the specific Internet browser in which the  cookie was stored. This allows visited Internet sites and servers to  differentiate the individual browser of the dats subject from other  Internet browsers that contain other cookies. A specific Internet  browser can be recognized and identified using the unique cookie ID.

Through  the use of cookies, spcfy GmbH can provide the users of this website  with more user-friendly services that would not be possible without the  cookie setting.

By means of a cookie, the information and offers  on our website can be optimized with the user in mind. Cookies allow us,  as previously mentioned, to recognize our website users. The purpose of  this recognition is to make it easier for users to utilize our website.  The website user that uses cookies, e.g. does not have to enter access  data each time the website is accessed, because this is taken over by  the website, and the cookie is thus stored on the user's computer  system. Another example is the cookie of a shopping cart in an online  shop. The online store remembers the articles that a customer has placed  in the virtual shopping cart via a cookie.

The data subject may,  at any time, prevent the setting of cookies through our website by means  of a corresponding setting of the Internet browser used, and may thus  permanently deny the setting of cookies. Furthermore, already set  cookies may be deleted at any time via an Internet browser or other  software programs. This is possible in all popular Internet browsers. If  the data subject deactivates the setting of cookies in the Internet  browser used, not all functions of our website may be entirely usable.

4. Collection of general data and information

The  website of spcfy GmbH collects a series of general data and  information when a data subject or automated system calls up the  website. This general data and information are stored in the server log  files. Collected may be (1) the browser types and versions used, (2) the  operating system used by the accessing system, (3) the website from  which an accessing system reaches our website (so-called referrers), (4)  the sub-websites, (5) the date and time of access to the Internet site,  (6) an Internet protocol address (IP address), (7) the Internet service  provider of the accessing system, and (8) any other similar data and  information that may be used in the event of attacks on our information  technology systems.

When using these general data and information,  spcfy GmbH does not draw any conclusions about the data subject.  Rather, this information is needed to (1) deliver the content of our  website correctly, (2) optimize the content of our website as well as  its advertisement, (3) ensure the long-term viability of our information  technology systems and website technology, and (4) provide law  enforcement authorities with the information necessary for criminal  prosecution in case of a cyber-attack. Therefore, spcfy GmbH analyzes  anonymously collected data and information statistically, with the aim  of increasing the data protection and data security of our enterprise,  and to ensure an optimal level of protection for the personal data we  process. The anonymous data of the server log files are stored  separately from all personal data provided by a data subject.

5. Routine erasure and blocking of personal data

The  data controller shall process and store the personal data of the data  subject only for the period necessary to achieve the purpose of storage,  or as far as this is granted by the European legislator or other  legislators in laws or regulations to which the controller is subject  to.

If the storage purpose is not applicable, or if a storage  period prescribed by the European legislator or another competent  legislator expires, the personal data are routinely blocked or erased in  accordance with legal requirements.

6. Rights of the data subject

a) Right of confirmation

Each  data subject shall have the right granted by the European legislator to  obtain from the controller the confirmation as to whether or not  personal data concerning him or her are being processed. If a data  subject wishes to avail himself of this right of confirmation, he or she  may, at any time, contact any employee of the controller.

b) Right of access

Each  data subject shall have the right granted by the European legislator to  obtain from the controller free information about his or her personal  data stored at any time and a copy of this information. Furthermore, the  European directives and regulations grant the data subject access to  the following information: the purposes of the processing; the  categories of personal data concerned; the recipients or categories of  recipients 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 existence of 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 Article 22(1) and (4) of the GDPR and, at least in those cases,  meaningful information about the logic involved, as well as the  significance and envisaged consequences of such processing for the data  subject.

Furthermore, the data subject shall have a right to  obtain information as to whether personal data are transferred to a  third country or to an international organisation. Where this is the  case, the data subject shall have the right to be informed of the  appropriate safeguards relating to the transfer.

If a data subject  wishes to avail himself of this right of access, he or she may, at any  time, contact any employee of the controller.

c) Right to rectification

Each  data subject shall have the right granted by the European legislator to  obtain from the controller 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 have the right to  have incomplete personal data completed, including by means of providing  a supplementary statement.

If a data subject wishes to exercise  this right to rectification, he or she may, at any time, contact any  employee of the controller.

d) Right to erasure (Right to be forgotten)

Each  data subject shall have the right granted by the European legislator 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, as long as the processing is not necessary: 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 to which the processing is based according to point  (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the  GDPR, and where there is no other legal ground for the processing. The  data subject objects to the processing pursuant to Article 21(1) of the  GDPR and there are no overriding legitimate grounds for the processing,  or the data subject objects to the processing pursuant to Article 21(2)  of the GDPR. The personal data have been unlawfully processed. The  personal data must 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 Article 8(1) of the GDPR.

If  one of the aforementioned reasons applies, and a data subject wishes to  request the erasure of personal data stored by spcfy GmbH, he or she  may, at any time, contact any employee of the controller. An employee  of spcfy GmbH shall promptly ensure that the erasure request is complied  with immediately.

Where the controller has made personal data  public and is obliged pursuant to Article 17(1) to erase the personal  data, the controller, taking account of available technology and the  cost of implementation, shall take reasonable steps, including technical  measures, to inform other controllers processing the personal data that  the data subject has requested erasure by such controllers of any links  to, or copy or replication of, those personal data, as far as  processing is not required. An employee of spcfy GmbH will arrange  the necessary measures in individual cases.

e) Right of restriction of processing

Each  data subject shall have the right granted by the European legislator to  obtain from the controller restriction of processing where one of the  following applies: 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 instead  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 Article  21(1) of the GDPR pending the verification whether the legitimate  grounds of the controller override those of the data subject.

If  one of the aforementioned conditions is met, and a data subject wishes  to request the restriction of the processing of personal data stored by  spcfy GmbH, he or she may at any time contact any employee of the  controller. The employee of spcfy GmbH will arrange the restriction  of the processing.

f) Right to data portability

Each data  subject shall have the right granted by the European legislator, to  receive the personal data concerning him or her, which was provided to a  controller, in a structured, commonly used and machine-readable format.  He or she shall have the right to transmit those data to another  controller without hindrance from the controller to which the personal  data have been provided, as long as the processing is based on consent  pursuant to point (a) of Article 6(1) of the GDPR or point (a) of  Article 9(2) of the GDPR, or on a contract pursuant to point (b) of  Article 6(1) of the GDPR, and the processing is carried out by automated  means, as long 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.

Furthermore, in  exercising his or her right to data portability pursuant to Article  20(1) of the GDPR, the data subject shall have the right to have  personal data transmitted directly from one controller to another, where  technically feasible and when doing so does not adversely affect the  rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact any employee of spcfy GmbH.

g) Right to object

Each  data subject shall have the right granted by the European legislator 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 point (e) or (f) of Article 6(1) of the GDPR. This also applies  to profiling based on these provisions.

spcfy GmbH shall no  longer process the personal data in the event of the objection, 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.

If  spcfy GmbH processes personal data for direct marketing purposes, the  data subject shall have the right to object at any time to processing  of personal data concerning him or her for such marketing. This applies  to profiling to the extent that it is related to such direct marketing.  If the data subject objects to spcfy GmbH to the processing for  direct marketing purposes, spcfy GmbH will no longer process the  personal data for these purposes.

In addition, the data subject  has the right, on grounds relating to his or her particular situation,  to object to processing of personal data concerning him or her by  spcfy GmbH for scientific or historical research purposes, or for  statistical purposes pursuant to Article 89(1) of the GDPR, unless the  processing is necessary for the performance of a task carried out for  reasons of public interest.

In order to exercise the right to  object, the data subject may contact any employee of spcfy GmbH. In  addition, the data subject is free in the context of the use of  information society services, and notwithstanding Directive 2002/58/EC,  to use his or her right to object by automated means using technical  specifications.

h) Automated individual decision-making, including profiling

Each  data subject shall have the right granted by the European legislator  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, as long as the decision  (1) is not is necessary for entering into, or the performance of, a  contract between the data subject and a 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.

If the decision (1)  is necessary for entering into, or the performance of, a contract  between the data subject and a data controller, or (2) it is based on  the data subject's explicit consent, spcfy 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 contest the decision.

If the data subject wishes to  exercise the rights concerning automated individual decision-making, he  or she may, at any time, contact any employee of spcfy GmbH.

i) Right to withdraw data protection consent

Each  data subject shall have the right granted by the European legislator to  withdraw his or her consent to processing of his or her personal data  at any time.

If the data subject wishes to exercise the right to  withdraw the consent, he or she may, at any time, contact any employee  of spcfy GmbH.

7. Data protection for applications and the application procedures

The  data controller shall collect and process the personal data of  applicants for the purpose of the processing of the application  procedure. The processing may also be carried out electronically. This  is the case, in particular, if an applicant submits corresponding  application documents by e-mail or by means of a web form on the website  to the controller. If the data controller concludes an employment  contract with an applicant, the submitted data will be stored for the  purpose of processing the employment relationship in compliance with  legal requirements. If no employment contract is concluded with the  applicant by the controller, the application documents shall be  automatically erased two months after notification of the refusal  decision, provided that no other legitimate interests of the controller  are opposed to the erasure. Other legitimate interest in this relation  is, e.g. a burden of proof in a procedure under the General Equal  Treatment Act (AGG).

8. Legal basis for the processing

Art.  6(1) lit. a GDPR serves as the legal basis for processing operations  for which we obtain consent for a specific 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, when processing operations are necessary for the supply of  goods or to provide any other service, the processing is based on  Article 6(1) lit. b GDPR. The same applies to such processing operations  which are necessary for carrying out pre-contractual measures, for  example in the case of inquiries concerning our products or services. Is  our company subject to a legal obligation by which processing of  personal data is required, such as for the fulfillment of tax  obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare  cases, the processing of personal data may 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 were injured in our company  and his name, age, health insurance data or other vital information  would have to be passed on to a doctor, hospital or other third party.  Then the processing would be based on Art. 6(1) lit. d GDPR. Finally,  processing operations could be based on Article 6(1) lit. f GDPR. This  legal basis is used for processing operations which are not covered by  any of the abovementioned legal grounds, if processing is necessary for  the purposes of the legitimate interests pursued by our company or by a  third party, except where such interests are overridden by the interests  or fundamental rights and freedoms of the data subject which require  protection of personal data. Such processing operations are particularly  permissible because they have been specifically mentioned by the  European legislator. He considered that a legitimate interest could be  assumed if the data subject is a client of the controller (Recital 47  Sentence 2 GDPR).

9. The legitimate interests pursued by the controller or by a third party

Where  the processing of personal data is based on Article 6(1) lit. f GDPR  our legitimate interest is to carry out our business in favor of the  well-being of all our employees and the shareholders.

10. Period for which the personal data will be stored

The  criteria used to determine the period of storage of personal data is  the respective statutory retention period. After expiration of that  period, the corresponding data is routinely deleted, as long as it is no  longer necessary for the fulfillment of the contract or the initiation  of a contract.

11. Provision of personal data as statutory or  contractual requirement; Requirement necessary to enter into a contract;  Obligation of the data subject to provide the personal data; possible  consequences of failure to provide such data

We clarify that the  provision of personal data is partly required by law (e.g. tax  regulations) or can also result from contractual provisions (e.g.  information on the contractual partner). Sometimes it may be necessary  to conclude a contract that the data subject provides us with personal  data, which must subsequently be processed by us. The data subject is,  for example, obliged to provide us with personal data when our company  signs a contract with him or her. The non-provision of the personal data  would have the consequence that the contract with the data subject  could not be concluded. Before personal data is provided by the data  subject, the data subject must contact any employee. The employee  clarifies to the data subject whether the provision of the personal data  is required by law or contract or is necessary for the conclusion of  the contract, whether there is an obligation to provide the personal  data and the consequences of non-provision of the personal data.

12. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

This  Privacy Policy has been generated by the Privacy Policy Generator of  the DGD - Your External DPO that was developed in cooperation with  German Lawyers from WILDE BEUGER SOLMECKE, Cologne.