We are gratified that you have shown interest in our products and services. Data protection is a particularly high priority for us here at MPA Dresden GmbH. You can use the internet pages of MPA Dresden GmbH without sharing any of your personal details; however, use of the special enterprise services on our website may make the processing of personal details necessary. Whenever this is the case 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 will always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to MPA Dresden GmbH. By issuing this data protection declaration, MPA Dresden GmbH would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, this data protection declaration informs data subjects of their rights in this regard.
As data controller, MPA Dresden GmbH has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. However, internet-based data transmissions may by their very nature 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.
The data protection declaration of MPA Dresden GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). We intend that our data protection declaration should be readable and understandable for the general public, as well as for 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, geographical location, an online user name 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
A data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the 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 its processing in the future.
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.
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 is not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
The 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 European Union or member state law, the controller or the specific criteria for their nomination may be provided for by European Union or member state law.
The processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency or another body, to which the personal data is disclosed, whether a third party or not. However, public authorities which may receive personal data within the framework of a particular inquiry in accordance with European Union or member state law shall not be regarded as recipients; the processing of such 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
A 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.
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
The 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:
intersoft consulting services AG
Beim Strohhause 17
Telefon: +49 40 790235 – 0
Telefax: +49 40 790235 – 170
3. Name and Address of the Data Protection Officer
The Data Protection Officer of the controller is:
intersoft consulting services AG
Beim Strohhause 17
Telefon: +49 40 790235 – 0
Telefax: +49 40 790235 – 170
Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection.
By means of a cookie, the information and offers on our website can be optimised with the user in mind. Cookies allow us, as previously mentioned, to recognise our website users. The purpose of this recognition is to make it easier for users to benefit from our website.
The data subject may at any time prevent the creation of cookies through use of our website by means of a corresponding setting of his/her internet browser and may thus permanently deny the creation of cookies. Furthermore, cookies that have already been created may be deleted at any time by the internet browser itself or other software programs. This is possible in all popular internet browsers. If the data subject deactivates the creation of cookies in his/her internet browser, that may make some of the functions of our website partially or wholly unusable.
5. Collection of general data and information
The website of MPA Dresden GmbH collects an array of general data and information when a data subject or automated system calls up the website. This general data and information is stored in the server log files. It may relate to the browser type and version used, the operating system used by the accessing system, the website from which an accessing system reaches our website (so-called referrers), the sub-websites, the date and time of access to the internet site, an internet protocol address (IP address), the internet service provider of the accessing system, and similar data and information that may be used to protect our information technology systems in the event of a cyber-attack.
When using this general data and information, MPA Dresden GmbH does not draw any conclusions about the data subject. Rather, this information is needed to deliver the content of our website correctly, to optimise the content of our website as well as its advertising content, to ensure the long-term viability of our information technology systems and website technology, and to provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. MPA Dresden GmbH therefore analyses 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 is stored separately from all personal data provided by a data subject.
6. Contact possibility via the website
The website of MPA Dresden GmbH contains information that facilitates fast and convenient electronic contact to our enterprise as well as direct communication with us, which also includes a general e-mail address for electronic mail. If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller is stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
7. Routine erasure and blocking of personal data
The data controller will process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage or to the extent that this is permitted by the European legislator or other legislators under laws or regulations to which the controller is subject.
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 will be routinely blocked or erased in accordance with legal requirements.
8. Rights of the data subject
a) Right of confirmation
Each and every data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning him or her is being processed. If a data subject wishes to avail him/herself of this right of confirmation, he or she may at any time contact any employee of the controller organisation.
b) Right of access
Each and every data subject has the right granted by the European legislator to obtain from the controller information about his or her personal data stored at any time and a copy of this information. This is to be provided free of charge. 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 has 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 is not collected from the data subject, any available information as to its source;
- the existence of automated decision-making, including profiling, referred to in Article 22 paras 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 has a right to obtain information as to whether personal data is transferred to a third country or to an international organisation. Where this is the case, the data subject has the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail him/herself of this right of access, he or she may at any time contact any employee of the controller organisation.
c) Right to rectification
Each and every data subject has the right granted by the European legislator to require the controller without undue delay to rectify inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject has 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 organisation.
d) Right to erasure (Right to be forgotten)
Each and every data subject has the right granted by the European legislator to require the controller to erase personal data concerning him or her without undue delay, and the controller has the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not statutorily required:
- The personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
- The data subject withdraws the consent on which the processing was based according to Article 6 para 1(a) of the GDPR or Article 9 para 2(a) 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 para 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 para 2 of the GDPR.
- The personal data has been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in European Union or member state law to which the controller is subject.
- The personal data has been collected in relation to the offer of information society services referred to in Article 8 para 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 MPA Dresden GmbH, he or she may at any time contact any employee of the controller organisation. An employee of MPA Dresden GmbH will promptly ensure that the erasure request is complied with.
Where the controller has made personal data public and is obliged by Article 17 para 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 of or replication of that personal data, to the extent that processing is not mandatorily required. An employee of MPA Dresden GmbH will arrange for the necessary measures to be taken in individual cases.
e) Right to restriction of processing
Each and every data subject has the right granted by the European legislator to require the controller to restrict processing where one of the following circumstances 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 its use instead.
- The controller no longer needs the personal data for the purposes of the processing, but it is required by the data subject for establishing, exercising or defending legal claims.
- The data subject has objected to processing pursuant to Article 21 para 1 of the GDPR pending verification of 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 MPA Dresden GmbH, he or she may at any time contact any employee of the controller organisation. An employee of MPA Dresden GmbH will arrange for the restriction of processing.
f) Right to data portability
Each and every data subject has 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 has the right to transmit such data to another controller without hindrance from the controller to which the personal data was provided, as long as the processing is based on consent pursuant to Article 6 para 1(a) or Article 9 para 2(a) of the GDPR, or on a contract pursuant to Article 6 para 1(b) 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 para 1 of the GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, where technically feasible and if 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 MPA Dresden GmbH.
g) Right to object
Each and every data subject has the right granted by the European legislator to object at any time on grounds relating to his or her particular situation to the processing of personal data concerning him or her, which is based on Article 6 para 1(e) or 1(f) of the GDPR. This also applies to profiling based on these provisions.
MPA Dresden GmbH will cease to 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 unless such processing would serve to establish, exercise or defend legal claims.
If MPA Dresden GmbH processes personal data for direct marketing purposes, the data subject has 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 lodges an objection with MPA Dresden GmbH to processing for direct marketing purposes, MPA Dresden 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 MPA Dresden GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89 para 1 of the GDPR, unless the processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right to object, the data subject may contact any employee of MPA Dresden 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 exercise his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Each and every data subject has the right granted by the European legislator to be exempt from 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 is not necessary for entering into or for the performance of a contract between the data subject and a data controller, or as long as it is not authorised by European 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 as long as it is not based on the data subject's explicit consent.
If the decision is necessary for entering into or for the performance of a contract between the data subject and a data controller, or if it is based on the data subject's explicit consent, MPA Dresden GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at the very minimum the right to obtain human intervention on the part of the controller, to express his or her point of view and to 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 MPA Dresden GmbH.
i) Right to withdraw data protection consent
Each and every data subject has the right granted by the European legislator to withdraw his or her consent at any time to the processing of his or her personal data.
If the data subject wishes to exercise the right to withdraw consent, he or she may at any time contact any employee of MPA Dresden GmbH.
9. Data protection for applications and for application procedures
The data controller shall collect and process the personal data of applicants for the purpose of processing the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits the relevant application documents by e‑mail or by means of a web form on the website to the controller. If the data controller enters into an employment contract with an applicant, the data submitted will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is entered into with the applicant by the controller, the application documents shall be automatically erased two months after notification of the decision not to appoint, provided that no other legitimate interests of the controller contraindicate erasure. Other legitimate interests in this regard would, for example, include the burden of proof in a complaint or prosecution under the General Equal Treatment Act (AGG).
10. Data protection provisions concerning the application and use of Facebook
The controller has integrated components of the Facebook platform into this website. Facebook is a social network.
A social network is a place for social meetings on the internet, an online community, which generally allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences or enable the internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos and network by means of friend requests.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside the United States or Canada, the controller is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
Each time a user loads one of the individual pages of this internet website which is operated by the controller and into which a Facebook component (Facebook plug-ins) has been integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook plug-in from Facebook via the Facebook component. An overview of all the Facebook plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.
If the data subject is logged in at the same time on Facebook, Facebook detects with every visit to our website by the data subject – and for the entire duration of their stay on our internet site – which specific sub-site of our internet page was viewed by the data subject. This information is collected by the Facebook plug-in and associated with the respective Facebook account of the data subject.
Facebook always receives, via the Facebook plug-in, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the visit to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from his or her Facebook account before a visit to our website is made.
The data protection guidelines published by Facebook, which is available at https://facebook.com/about/privacy/, provide information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.
11. Data protection provisions concerning the application and use of Google Analytics (with anonymisation function)
On this website, the controller has integrated the Google Analytics plug-in with the anonymiser function. Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behaviour of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimisation of a website and in order to carry out a cost-benefit analysis of internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
To conduct web analytics via Google Analytics, the controller uses the application "_gat. _anonymizeIp". By means of this application, the IP address of the internet connection being used by the data subject is abridged by Google and anonymised when accessing our websites from a member state of the European Union or another contracting state to the Agreement on the European Economic Area.
The purpose of the Google Analytics plug-in is to analyse the traffic on our website. Google uses the data and information collected, inter alia, to evaluate the use of our website and to provide online reports which show activity on our websites, and to provide us with other services relevant to the use of our internet site.
Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the creation of the cookie, Google is able to analyse the use of our website. With each visit to one of the individual pages of this internet site, which is operated by the controller and into which a Google Analytics plug-in has been integrated, the internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics plug-in for the purpose of online analysis. During the course of this technical procedure, Google gains knowledge of personal information, such as the IP address of the data subject, which allows Google, inter alia, to understand the origin of visitors and clicks and to subsequently calculate any payments due for their services.
The cookie is used to store personal information, such as the access time, the location from which access was made, and the frequency of visits to our website by the data subject. With each visit to our internet site, such personal data, including the IP address of the internet access used by the data subject, will be transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may forward personal data collected by means of the technical procedure to third parties.
The data subject may, as stated above, prevent the creation of cookies that result from a visit to our website at any time by means of a corresponding adjustment of his or her web browser and thus permanently deny the creation of cookies. Such an adjustment to the internet browser would also prevent Google Analytics from installing a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
Further information and the applicable data protection provisions of Google may be downloaded from https://www.google.com/intl/en/policies/privacy/ or from http://www.google.com/analytics/terms/us.html. Google Analytics is further explained at https://www.google.com/analytics/.
12. Legal basis for the processing
Article 6 para 1(a) of the 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 para 1(b) of the GDPR. The same applies to such processing operations which are necessary for carrying out precontractual measures, for example in the case of enquiries concerning our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Article 6 para 1(c) of the 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 on our company premises 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. In such a case, the processing would take place on the basis of Article 6 para 1(d) of the GDPR. Ultimately, processing operations could take place on the basis of Article 6 para 1(f) of the GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary in 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 legislation. This states that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
13. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6 para 1(f) of the GDPR, our legitimate interest is to carry out our business in favour of the well-being of our employees and shareholders.
14. 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 fulfilment of the contract or the initiation of a contract.
15. 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 contracting partner). Sometimes it may be necessary for entering into 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 entered into. Before personal data is provided by the data subject, the data subject must contact one of our employees. The employee will clarify to the data subject whether the provision of the personal data is required by law or by the terms of the contract or is necessary for the signing of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
16. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.