Why we collect Personal Data
NT-ware collects, processes and uses Personal Data from Visitors and Customers via interactive tools and forms located on NT-ware’s Website www.nt-ware.com and any subsites of the Website in order to offer you even better products and services, best adapt our business processes to your needs and steer you to the most suitable product information. Visitor or “you” means any individual or entity who visits NT-ware’s Website, whether they are Customer or not. Customer means an individual who is a client of NT-ware. NT-ware does not collect, store, or use any Personal Data without an individual’s prior consent. NT-ware only collects, stores, and uses Personal Data in accordance with this policy.
How we may collect Personal Data:
- If you visit our Website and directly interact with us;
- If you create an online profile and register with us or one of our partner for our services and/or products;
- If you purchase products or services from us;
- During automated interactions;
- NT-ware’s interactive forms and tools include, but are not limited to Registration and Contact Us pages, queries via emails, via our ITS support system.
- Via publicly available data.
We respect your preferences regarding the treatment of Personal Data we may collect. This policy explains how and why we may collect, store and use your Personal information and how you can control its use. It also describes your data protection rights, including a right to object to some of the processing which the Data Controller carries out. More information about your rights, and how to exercise them, is set out in the “What rights do I have?” section.
1. WHO IS THE DATA CONTROLLER?
Attn: Data Security Department
NT-WARE Systemprogrammierungs GmbH
49186 Bad Iburg
2. DATA WE COLLECT
A. PERSONAL INFORMATION YOU SEND TO US
NT-ware collects processes, and uses Personal Data from Visitors and Customers via interactive tools and forms located on NT-ware’s Website in order to offer you even better products and services, best adapt our business processes to your needs, and steer you to the most suitable product information. NT-ware’s interactive forms and tools include, but are not limited to Registration and Contact Us pages, queries via emails, via our ITS support system. We also collect data you supply in support of your job application by our “Jobs&Applications” section so that we can consider your application and assess your suitability. When you apply for a position with us, or submit information in support of your application, we will tell you whether the information we are requesting is essential so that we can progress your application or whether the supply of this information is optional.
Personal Data that may be collected by NT-ware include the following:
- individual names; company names;
- telephone and fax number email address,
- reasons for contacting NT-ware;
- information regarding Visitors, Customers, and their companies;
- product and service preferences; service orders and maintenance requests;
- data you provide when you send information in respect to your job application; and
- other information relevant to conducting business with NT-ware or becoming a customer of NT-ware.
If a Visitor arrives at NT-ware’s Website via a search engine, referral tool or forum, certain Personal Data may be transmitted to NT-ware by a third party. NT-ware will use and store that information, if any is received, in accordance with this policy.
B. INFORMATION ABOUT VISITORS OF OUR WEBSITE AND YOUR COMPUTER
NT-ware may also collect standard information from Visitors using automated tools. These automated tools collect information such as a Visitor’s browser type and language, Internet service provider, Internet protocol (IP) address, access dates and times, Web pages viewed, search information, and other similar statistics. The automated tools used by NT-ware to collect this information include, without limitation, Web beacons, cookies, embedded Web links and other commonly used information-gathering tools.
- A Web beacon is an invisible file located on a Web page that is used to track a visitor’s navigation and performance of a Website. The Web beacon may communicate with your computer to determine, among other things, whether you have been to a page on NT-ware’s Website before or viewed a particular online advertisement.
- An embedded link is a link to a Web page that may be located in an email you receive from NT-ware. If you click on an embedded link, NT-ware may collect information about the interaction that follows, and this information could be connected to your identity. If you do not want NT-ware to collect information about the links you click, you can choose not to click links in an email from NT-ware.
3. HOW DO WE USE THIS DATA AND WHAT IS THE LEGAL BASIS FOR THIS USE?
We process this personal data for the following purposes and rely on following legal basis:
- As required to establish and fulfill a contract or in order to take steps at your request prior to entering into a contract with you, for example if you make a purchase from us or use our services on our website or if you send us information in respect to your job application. This may include verifying your identity and the information you send us where permitted by law and necessary, taking payments, communicating with you, providing customer services and arranging the delivery or other provision of products, goods or services;
- As required by NT-ware to enable our business and pursue our legitimate interests; in particular to:
- personalize a Visitor’s experience on the Website,
- engage in and process transactions with you;
- provide and improve the services and products we offer to you;
- promote sales and product promotions with its partners to provide support or other services you have ordered, as well as product updates, product patches and fixes and other similar operational communications;
- respond to your requests, to interact with you, post testimonials, or case studies, administer products downloads and monitor licensing compliance;
- We use your data for the purpose of our legitimate interests in managing our recruitment.
- diagnose problems with a Customer’s hosting environment, provide access to secure areas of this Website,
- interact with third parties as it is necessary to provide you services; when we share Personal Data with third party service providers, we require that they use your Personal Data only for the purpose of providing services to us;
- protect the health and safety of our employees and visitors, our physical and online operations, our property, rights, and privacy, and/or that of our affiliates, you or others.
- In cases where you give us your consent to :
- inform you about conferences and events we or our partners organize and we feel may be of interest to you
- on other occasions where we ask you for consent, we will use the data for the purpose which we explain at that time.
- For purposes which are required by law:
- In response to requests by government or law enforcement authorities conducting an investigation.
4. GOOGLE MAPS
Google’s terms of service can be found at www.google.com/intl/en/policies/terms/regional.html
5. EMBEDDED YOUTUBE-VIDEOS
6. WHO WILL WE SHARE YOUR DATA WITH?
Except as otherwise provided in this privacy statement, Personal Data is for internal use and will not be communicated to a third party. Notwithstanding the foregoing, NT-ware may disclose Personal Data under the following circumstances:
- We may share information about visitors to our Website with other NT-ware group companies which are NT-ware USA, Inc., NT-ware Asia, Pte. Ltd. and NT-ware Japan Inc. who help us to provide and improve our products and services, promote sales and respond on your requests.
- If NT-Ware or substantially all of its assets are acquired, customer information may be one of the transferred assets. Additionally, in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), we may transfer the Personal Data we have collected to the relevant third party.
- We may disclose your Personal Data as we believe it to be necessary or appropriate: (a) under applicable European and Member State law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; and (e) to allow us to pursue available remedies or limit the damages that we may sustain.
7. WHERE WILL WE TRANSFER YOUR DATA?
Where information is transferred outside the EEA, and where this is to an NT-ware affiliate or vendor in a country that is not subject to an adequacy decision by the EU Commission, data is adequately protected by EU Commission approved standard contractual clauses, an appropriate Privacy Shield certification or a vendor's processor Binding Corporate Rules. Information on the safeguards we use in this respect can be obtained upon request by using the contact details below. We share data about visitors to our Website with other NT-ware group companies which are NT-ware USA, Inc., NT-ware Asia, Pte. Ltd. and NT-ware Japan Inc. who help us to provide and improve our products and services, promote sales and respond on your requests. The adequate level of data protection is ensured by standard contractual clauses for the transfer of personal data to processors established in third countries we signed with each of our group companies.
8. HOW LONG WILL WE RETAIN YOUR DATA?
- We will only keep information about your visit to our Website for as long as is necessary for the purposes we’ve mentioned. Typically we delete user browsing information every 12 months. We usually retain information supplied by job applicants for no longer than 6 months following a relevant recruitment decision. If your application is unsuccessful, we may decide to retain your details for longer if we think you may be suitable for another position that may arise within our group companies in the future but we will only do this if you agree. If your application is successful, relevant information will be used for the purpose of administering your subsequent employment and will be retained and used in accordance with our employee privacy notice (a copy of which will be provided when you take up your employment). NT-ware will retain your Personal Data for:
- as long as your account is active (if you have created one);
- as needed to provide you with our products or services;
- as needed for the purposes outlined in this policy or at the time of collection;
- as necessary to comply with our legal obligations and in accordance with legal requirements (e.g., to honor opt-outs),
- resolve disputes, and enforce our agreements; or
- to the extent permitted by law.
Generally personal data is only being retained for as long as necessary, while the retention periods can differ based on the type of data processed, the purpose of processing or other factors. Therefore we retain personal data based on e.g. statutory retention periods, limitation periods for claims, individual business needs and the data quality principles. Whether any legal requirements apply for the retention of any particular data (Trade law; Tax law; Employment law; Administrative law; Regulations regarding certain professions, e.g. medical) we keep the data for the predefined retention period.
In the absence of any legal requirements personal data is only being retained as long as necessary for the purpose of processing. Therefore we delete personal data when:
- the data subject has withdrawn consent to processing;
- a contract has been performed or cannot be performed anymore; or
- the data is no longer up to date.
We also consider if the data subject requested the erasure of data or if the retention is still necessary for the original purpose of processing. Exceptions may apply to the processing for historical, statistical or scientific purposes. During the retention period we have established periodical reviews of data retained. We verify retention periods for data considering the following categories:
- the requirements of your business;
- type of personal data;
- purpose of processing;
- lawful grounds for processing; and
- categories of data subjects.
We identify criteria by which the period can be determined if precise retention periods cannot be established. After the expiration of the applicable retention period personal data will be erased or anonymized. This is be achieved by means of:
- erasure of the unique identifiers which allow the allocation of a data set to a unique person;
- erasure of single pieces of information that identify the data subject (whether alone or in combination with other pieces of information);
- separation of personal data from non-identifying information (e.g. an order number from the customer’s name and address); or
- aggregation of personal data in a way that no allocation to any individual is possible.
In the context of data retention we will inform data subjects of new retention period if the purpose of processing has changed after personal data has been obtained.
9. EXTERNAL LINKS
The security of your Personal Data is very important to us. We use physical, electronic, and administrative safeguards that are designed to protect your Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. We also carry out employee training, periodic reviews, assessment and implementation of new (or applicable) technologies and purging of data, encryption, firewalls and restrictions on access. In addition, all personal data is located in data center facilities with security features in accordance with legal requirements. All data is safeguarded to established security standards. Due to the nature of the Internet, however, NT-ware cannot guarantee the security of personal data. In the event that your Personal Data are acquired, or is reasonably believed to have been acquired, by an unauthorized person and applicable law requires notification, we will notify you by e-mail, fax, or mail. NT-ware will give you notice promptly, consistent with the reasonable needs of law enforcement and/or NT-ware to determine the scope of the breach and to investigate and restore the integrity of the data system.
11. YOUR RIGHTS
You have the right to ask us:
- for access to and a copy of your personal data that we hold on you (Art. 15 GDPR)
- for a copy of the personal information you provided to us and to provide it to you or send to a third party in a commonly used, machine readable format (Art. 20 GDPR)
- to update or correct your personal data in order to make it accurate (Art. 16 GDPR)
- to delete your personal data from our records in certain circumstances Art. 17 GDPR) • to restrict the processing of your personal data in certain circumstances (Art. 18 GDPR)
And you may also:
- object to us processing your personal data in certain circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement, or where we are using the data for direct marketing - Art. 21 GDPR)
These rights may be limited in some situations – for example, where we can demonstrate that we have a legal requirement to process your data. In some instances, this may mean that we are able to retain data even if you withdraw your consent. Where we require personal data to comply with legal or contractual obligations, then provision of such data is mandatory: if such data is not provided, then we will not be able to manage our contractual relationship, or to meet obligations placed on us. In all other cases, provision of requested personal data is optional. If you wish to receive further information on your data subject rights or if you want to exercise your rights regarding your personal data, please. If you have any concerns about how we process your data, or would like to opt out of marketing, you can get in touch at [firstname.lastname@example.org]. In the event you have unresolved concerns, you also have the right to lodge a complaint complain with a supervisory authority, in particular the data protection authority in the Member State of your habitual residence or place of work.
This policy has been updated as of 31.01.2019
© 2019 NT-ware Systemprogrammierungs-GmbH