Msquare- Privacy

Privacy Policy

Data Protection Declaration

This privacy policy informs you about the nature, scope, and purpose of the processing of personal data (hereinafter referred to as "data") within our online offering and the associated websites, functions, and content, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as the "online offering"). Regarding the terms used, such as "processing" or "controller," we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

Responsible Party

msquare GmbH
Augsburger Str. 704
70329 Stuttgart
Markus Kaden, Marvin Schneider
info@msquare-tec.com

Types of data processed:

– Inventory data (e.g., names, addresses).
– Contact data (e.g., email, telephone numbers).
– Content data (e.g., text entries, photographs, videos).
– Usage data (e.g., websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).

Categories of data subjects

Visitors and users of the online offering (hereinafter, we refer to the data subjects collectively as "users").

Purpose of processing

– Provision of the online offering, its functions, and content.
– Answering contact inquiries and communicating with users.
– Security measures.
– Reach measurement/marketing

Terminology used

"Personal data" means any information relating to an identified or identifiable natural person (hereinafter "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 (e.g., a cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

"Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The term is broad and covers virtually any type of data handling.

"Pseudonymization" means 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 this additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

"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 analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

"Controller" means 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.

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

Relevant legal bases

In accordance with Art. 13 GDPR, we inform you of the legal basis for our data processing. If the legal basis is not stated in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 (1) (a) and Art. 7 GDPR; the legal basis for processing to fulfill our services and implement contractual measures as well as to respond to inquiries is Art. 6 (1) (b) GDPR; the legal basis for processing to fulfill our legal obligations is Art. 6 (1) (c) GDPR; and the legal basis for processing to protect our legitimate interests is Art. 6 (1) (f) GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.

Security Measures

In accordance with Art. 32 GDPR, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, implementation costs, and the nature, scope, circumstances, and purposes of processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons.

These measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as access, input, and transfer, ensuring availability, and segregation. Furthermore, we have established procedures that ensure the exercise of data subjects' rights, deletion of data, and response to data threats. Furthermore, we consider the protection of personal data right from the development or selection of hardware, software, and processes, in accordance with the principle of data protection by design and through data protection-friendly default settings (Art. 25 GDPR).

Cooperation with processors and third parties

If, as part of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit it to them, or otherwise grant them access to the data, this will only be done on the basis of legal permission (e.g., if the transfer of data to third parties, such as payment service providers, is necessary to fulfill the contract in accordance with Art. 6 (1) (b) GDPR), if you have consented, if a legal obligation requires this, or on the basis of our legitimate interests (e.g., when using agents, web hosts, etc.).

If we commission third parties to process data on the basis of a so-called "contract processing agreement," this is done on the basis of Art. 28 GDPR.

Transfers to third countries

If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs as part of the use of third-party services or the disclosure or transmission of data to third parties, this will only occur if it is necessary to fulfill our (pre-)contractual obligations, based on your consent, due to a legal obligation, or based on our legitimate interests. Subject to legal or contractual permissions, we will only process or have data processed in a third country if the special requirements of Art. 44 et seq. GDPR are met. This means that processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level equivalent to that of the EU (e.g., for the USA through the "Privacy Shield") or compliance with officially recognized specific contractual obligations (so-called "standard contractual clauses").

Rights of the data subjects

You have the right to request confirmation as to whether the data in question is being processed and to access this data, as well as further information and a copy of the data in accordance with Art. 15 GDPR.

According to Art. 16 GDPR, you have the right to request the completion of the data concerning you or the correction of inaccurate data concerning you.

In accordance with Art. 17 GDPR, you have the right to request that the data in question be deleted immediately or, alternatively, to request that the processing of the data be restricted in accordance with Art. 18 GDPR.

You have the right to receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.

You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 GDPR.

Right of withdrawal

You have the right to revoke consent granted in accordance with Art. 7 (3) GDPR with future effect.

Right of Objection

You can object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. In particular, you can object to processing for direct marketing purposes.

Cookies and the Right of Objection to Direct Marketing

"Cookies" are small files stored on users' computers. Various information can be stored within cookies. A cookie primarily serves to store information about a user (or the device on which the cookie is stored) during or after their visit to an online service. Temporary cookies, also known as "session cookies" or "transient cookies," are cookies that are deleted after a user leaves an online service and closes their browser. Such a cookie can store, for example, the contents of a shopping cart in an online shop or a login status. Cookies that remain stored even after the browser is closed are referred to as "permanent" or "persistent." For example, the login status can be saved if users visit the site several days later. Likewise, such cookies can store user interests, which are used for audience measurement or marketing purposes. "Third-party cookies" are cookies offered by providers other than the controller operating the online service (otherwise, if they are only their cookies, they are referred to as "first-party cookies").

We may use temporary and permanent cookies and provide information about this in our privacy policy.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in their browser's system settings. Stored cookies can be deleted in the browser's system settings. Excluding cookies may lead to functional limitations of this online service.

A general objection to the use of cookies used for online marketing purposes can be declared for a variety of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, cookies can be blocked by deactivating them in the browser settings. Please note that in this case, not all functions of this website may be available.

Deletion of data

The data we process will be deleted or restricted in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no statutory retention periods that prevent deletion. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.

According to legal requirements in Germany, records are retained for 10 years in accordance with Sections 147 (1) of the German Fiscal Code (AO), 257 (1) Nos. 1 and 4, and 4 of the German Commercial Code (HGB) (books, records, management reports, accounting documents, commercial ledgers, documents relevant for taxation, etc.) and 6 years in accordance with Section 257 (1) Nos. 2 and 3, and 4 of the German Commercial Code (HGB)).

According to legal requirements in Austria, data is retained for 7 years in accordance with Section 132 (1) of the Austrian Federal Fiscal Code (BAO) (accounting documents, receipts/invoices, accounts, receipts, business papers, statements of income and expenditure, etc.), for 22 years in connection with real estate, and for 10 years for documents related to electronically provided services, telecommunications, radio, and television services provided to non-entrepreneurs in EU member states and for which the Mini One-Stop Shop (MOSS) is used.

Business-related processing

In addition, we process

– Contractual data (e.g., subject matter of the contract, term, customer category).
– Payment data (e.g., bank details, payment history)

Contractual Services

We process the data of our contractual partners and prospective customers as well as other clients, customers, clients, or contractual partners (collectively referred to as "contractual partners") in accordance with Art. 6 (1) (b) GDPR in order to provide them with our contractual or pre-contractual services. The data processed in this process, the type, scope, purpose, and necessity of their processing are determined by the underlying contractual relationship.

The data processed includes the master data of our contractual partners (e.g., names and addresses), contact data (e.g., email addresses and telephone numbers), as well as contract data (e.g., services used, contract contents, contractual communication, names of contact persons), and payment data (e.g., bank details, payment history).

We generally do not process special categories of personal data unless these are part of commissioned or contractually agreed processing.

We process data that is necessary to establish and fulfill contractual services and indicate the necessity of providing it if this is not obvious to the contractual partners. Disclosure to external persons or companies only occurs if it is required within the framework of a contract. When processing data provided to us as part of an order, we act in accordance with the client's instructions and legal requirements.

When using our online services, we may store the IP address and the time of the respective user action. This storage is based on our legitimate interests, as well as the users' interests in protecting against misuse and other unauthorized use. This data is generally not passed on to third parties unless it is necessary to pursue our claims in accordance with Art. 6 (1) (f) GDPR or there is a legal obligation to do so in accordance with Art. 6 (1) (c) GDPR.

Data will be deleted when it is no longer required to fulfill contractual or legal obligations of care, as well as to handle any warranty and similar obligations. The necessity of retaining the data will be reviewed every three years; otherwise, statutory retention periods apply.

Contacting Us

When you contact us (e.g., via contact form, email, telephone, or via social media), the user's information will be processed to process the contact request and its handling in accordance with Art. 6 (1) (b) (within the framework of contractual/pre-contractual relationships) and Art. 6 (1) (f) (other inquiries) GDPR. User information may be stored in a customer relationship management system ("CRM system") or a comparable inquiry organization.

We delete inquiries when they are no longer required. We review their necessity every two years; Furthermore, statutory archiving obligations apply.

Hosting and Email Delivery

The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email delivery, security services, and technical maintenance services, which we use for the purpose of operating this online offering.

We, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, metadata, and communication data of customers, interested parties, and visitors to this online offering based on our legitimate interests in the efficient and secure provision of this online offering in accordance with Art. 6 (1) (f) GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).

Google Analytics

Based on our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering within the meaning of Art. 6 (1) (f) GDPR), we use Google Analytics, a web analysis service provided by Google LLC ("Google"). Google uses cookies. The information generated by the cookie about users' use of the online offering is usually transferred to a Google server in the USA and stored there.

Google is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Google will use this information on our behalf to evaluate the use of our website by users, to compile reports on the activities within this website, and to provide us with other services related to the use of this website and internet usage. Pseudonymous user profiles of users may be created from the processed data.

We only use Google Analytics with activated IP anonymization. This means that the user's IP address will be shortened by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.

The IP address transmitted by the user's browser will not be merged with other data held by Google. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent Google from collecting the data generated by the cookie and relating to their use of the website, as well as from processing this data, by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

Further information on Google's data usage, settings, and opt-out options can be found in Google's privacy policy (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).

Users' personal data will be deleted or anonymized after 14 months.

Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke