Privacy Policy

Thank you for your interest in Headsight GmbH. Privacy is particularly important to our company because of the nature of our business activities.

This general privacy policy applies to all services of Headsight GmbH (hereinafter also referred to as “we”). These include websites, functions and content as well as external online presences, such as our social media profiles.

The use of our websites is generally possible without providing any personal data. However, if a data subject wishes to use special services of our company via our website or uses software licensed by us, processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we make sure to obtain the consent of the data subject.

The processing of personal data, such as the name, address, email address or telephone number of a data subject, is carried out in accordance with the requirements set forth in the General Data Protection Regulation (GDPR). With this privacy policy, our company would like to inform the public about the type, scope, and purpose of the personal data processed by us. Furthermore, this privacy policy informs data subjects about their rights.

As a data controller, we have implemented numerous technical and organizational measures to ensure as comprehensive protection as possible for personal data processed via this website and our services. Nevertheless, Internet-based data transmissions can have security gaps, and thus total protection cannot be guaranteed. For this reason, every data subject has the option of transmitting personal data to us by alternative means, for example by telephone.

Definitions

Our privacy policy is based on the terms used by the European legislature in the adoption of the General Data Protection Regulation. Our privacy policy should be easy to read and understand both for the public and for our customers and business partners. To ensure this, we would first like to explain the terms used in this document.

We use the following terms, among others, in this privacy policy and on our website:

a) Personal data
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 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.

c) Processing
Processing means any operation or set of operations in connection with personal data, whether or not by automated means, such as collection, recording, organization, 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 means the marking of stored personal data with the aim of limiting its 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 analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

f) Pseudonymization
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 such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

g) Controller
A controller is a natural or legal person, public authority, agency or other body that, 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
A processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.

i) Recipient
A recipient is a natural or legal person, public authority, agency or another body, to which the personal data is disclosed, whether he or she is 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 are not regarded as recipients.

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 authorized to process personal data.

k) Consent
Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Name and address of the controller
The controller according to the terms of the General Data Protection Regulation, other data protection laws in force in the Member States of the European Union and other provisions regarding data protection nature is:

Headsight GmbH
Gerhart-Hauptmann-Strasse 50
55124 Mainz
Germany

Telephone: +49 6131 888 984 0
Telefax: +49 6131 888 984 1

Email: info@headsight.de
Website: www.headsight.de

Headquarters: Mainz
Registry court: Mainz Local Court
Registry number: HRB 42533

Data protection officer

Any data subject may contact our data protection officer at any time with any questions or suggestions regarding privacy. You can get in touch via email: privacy@headsight.de.

Cookies

Our websites do not currently use cookies.

Collection of general data and information
The servers of Headsight collect a series of general data and information with each access by a data subject or an automated system. This general data and information are stored in the server log files. The following data may be collected:

browser types and versions used
the operating system used by the accessing system
the device type of the accessing system
the website from which an accessing system reaches our website (so-called referrers)
the sub-pages on our website accessed by an accessing system
the date and time of access to the website or a file
an Internet protocol (IP) address (use for determining the location of the accessing system)
the Internet service provider of the accessing system and
other similar data and information used for security purposes in the event of attacks on our IT systems.

We do not use this general data and information to draw any conclusions as to the identity of the data subject. Instead, this information is required to deliver the contents of our website correctly, optimize the content of our website and, in some cases, the advertising for it (statistic evaluations),
ensure the long-term functionality of our IT systems and the technology of our website and provide law enforcement agencies with the information necessary to prosecute criminal charges in the event of a cyber-attack. We, therefore, use this anonymously collected data and information for statistical purposes and also to help us improve data protection and data security in our company in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

Legal basis for processing personal data

In the field of data protection, the so-called principle of prohibition with opt-in permission applies. Processing of personal data is only lawful if the data subject has given his or her consent or it is legitimized by a statutory justification. We are obligated to inform you about the legal basis for data processing.

If we obtain your consent for the processing of personal data, Article 6(1) lit. a of the GDPR serves as a legal basis.
If the processing of personal data is necessary for the performance of a contract concluded between you and us or in order to take necessary steps prior to entering into a contract, Article 6(1) lit. b of the GDPR serves as a legal basis.
If the processing of personal data is necessary for compliance with a legal obligation to which we are subject, such as statutory retention and storage obligations, Article 6(1) lit. c of the GDPR serves as a legal basis.
If the processing of personal data is necessary in order to protect the vital interests of the data subject or of another natural person, Article 6(1) lit. d of the GDPR serves as a legal basis.
If the processing of personal data is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, Article 6(1) lit. f of the GDPR serves as a legal basis.

Registration

The data subject has the option to register on the website of the controller by providing personal data. Which personal data is transmitted to the controller is determined by the input form used for registration. Currently, registration is only required for the provision of demo programs. The personal data entered by the data subject is collected and stored exclusively for internal use by the controller and for our own purposes.

Furthermore, the IP address assigned to the data subject by his or her Internet service provider (ISP), the date and the time of registration are stored when the data subject registers on the controller’s website. This data is stored because this is the only way to prevent misuse of our services and, if necessary, to investigate criminal offenses and copyright infringements. In this respect, the storage of this data is necessary to protect the controller. Under no circumstances will this data be passed on to third parties, unless there is a legal obligation to pass it on or unless passing it on serves the purpose of criminal or civil prosecution.

Registration of the data subject along with the voluntary provision of personal data allows the controller to offer the data subject content or services which, by their nature, can only be offered to registered users. Furthermore, registration of the data subject serves to monitor the use of the texts published by us and protected by copyright, to check the placement of links and author attribution, as well as our own documentation purposes. In addition, we use the data collected directly via online registration on the website or indirectly via an order form for order processing and accounting purposes. The data can also be used for customer acquisition, telephone marketing and email-based advertising, but only if the data subject has given his or her consent. Registered persons are free to have the personal data provided during registration completely erased from the controller’s database.

Upon request by a data subject, the controller shall be obliged to provide information regarding any personal data stored pertaining to that particular data subject. Furthermore, the controller shall rectify or erase personal data at the request or notice of the respective data subject, unless this conflicts with statutory retention obligations. The data subject may contact the data protection officer and any of the controller’s employees for this purpose.

Routine erasure and blocking of personal data

The controller shall process and store the personal data of the data subject only for the period necessary to achieve the data storage purpose or to the extent provided for by the European legislature or another legislature in laws or regulations to which the controller is subject.

If the storage purpose ceases to apply or if a retention period prescribed by the European legislature or another competent legislature expires, the personal data is routinely blocked or erased in accordance with the statutory provisions, unless there are other purposes for which the data are to be used as specified in this declaration.

External service providers

To some extent, we use external service providers to process data (e.g. the email provider or the Internet provider for the delivery of a program). These processors on our behalf have been carefully selected and commissioned by us, are bound by our instructions and are checked regularly. A transfer to third countries does not take place and is not planned.

Rights of the data subject

a) Right to confirmation (Article 15 GDPR)

Every data subject has the right granted by the European legislature 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 exercise this right to confirmation, he or she may contact our data protection officer or another employee of the controller at any time.

b) Right to information

Every data subject has the right as granted by the European legislature to obtain, at any time and free of charge, information from the controller concerning the personal data stored relating to him or her and a copy of such information. Furthermore, the European legislature has granted the data subject disclosure of the following information:

the purposes for processing
the categories of personal data being processed
the recipients or categories of recipients, to whom the personal data has been or is still being disclosed, especially in the case of recipients in third countries or international organizations
if possible, the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period
the existence of the right to rectification or erasure of personal data or to restriction of processing concerning the data subject by the controller or to object to this processing
the existence of the right to lodge a complaint with a supervisory authority if the personal data is not collected from the data subject directly: all available information regarding the origin of the data 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 the envisaged consequences of such processing for the data subject

Furthermore, the data subject has a right of access to information as to whether personal data has been transmitted to a third country or to an international organization. If this is the case, the data subject also has the right to be informed of all suitable guarantees which were made with regard to the transmission.

If a data subject wishes to exercise this right to information, he or she may contact our data protection officer or another employee of the controller at any time.

c) Right of rectification (Article 16 GDPR)

Every data subject has the right granted by the European legislature to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Furthermore, taking into account the purposes of 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 of rectification, he or she may contact our data protection officer or another employee of the controller at any time.

d) Right of erasure (right to be forgotten, Article 17 GDPR)

Every data subject has the right granted by the European legislature to demand from the controller the erasure of personal data concerning him or her and the controller has the obligation to erase personal data without undue delay if one of the following grounds applies and processing is not 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 consent on 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 has been processed unlawfully.
The personal data has to be erased for compliance with a legal obligation in 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(1) of the GDPR.

If one of the aforementioned grounds applies and a data subject wishes to have personal data stored at Headsight GmbH erased, he or she may contact our data protection officer or another employee of the controller at any time. The data protection officer of Headsight GmbH or another employee will arrange for speedy compliance with the erasure request.

If the personal data public has been made public by us and our company is obliged to erase the personal data pursuant to Article 17(1) of the GDPR, we shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, this personal data if processing is not required. Our data protection officer or another employee will take the necessary steps in each individual case.

e) Right to restriction of processing (Article 18 GDPR)

Every data subject has the right granted by the European legislature to obtain from the controller restriction of processing where one of the following conditions 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 the restriction of its use instead.
The controller no longer needs the personal data for the purposes of processing, but it is required by the data subject for the establishment, exercise or defense 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 demand the limitation of personal data stored at our company, he or she may contact our data protection officer or another employee of the controller at any time. Our data protection officer or another employee will take the necessary steps to limit processing.

f) Right to data portability (Article 20 GDPR)

Any data subject has the right granted by the European legislature to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, if the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1) and the processing is carried out by automated means, provided that 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 has the right to have the personal data transmitted directly from one controller to another, where this is technically feasible and does not adversely affect the rights and freedoms of others.

To assert the right to data portability, the data subject may contact our data protection officer or another employee at any time.

g) Right to object (Article 21 (1) GDPR)

Any data subject affected by the processing of personal data has the right granted by the European legislature 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 points (e) or (f) of Article 6(1) of the GDPR. This also includes profiling based on those provisions.

We will no longer process the personal data 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 we process personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing. This also includes profiling to the extent that it is related to such direct marketing. Where the data subject objects to Headsight GmbH processing personal data for direct marketing purposes, we will cease to process his or her personal data for such purposes.

In addition, if personal data is processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, the data subject, on grounds relating to his or her particular situation, has the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest. If the data subject’s objection to the processing of personal data affects direct services (usual services in the area of software maintenance) and if the objection causes the proper fulfilment of the service for the customer by Headsight GmbH to no longer be possible, we reserve the right to cease offering these services to the customer or to only offer them to a limited extent.

To assert the right to object, the data subject may directly contact our data protection officer or another employee. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may also exercise his or her right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling

Any data subject affected by the processing of personal data has the right granted by the European legislature 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, provided that the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and a controller, or (2) is 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 based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and a controller or (2) is based on the data subject’s explicit consent, we shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least including 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 assert rights regarding automated decision-making, he or she may contact our data protection officer or another employee of the controller at any time.

i) Right to withdraw consent under data protection law (Article 7 (3) GDPR)

Every data subject has the right granted by the European legislature to withdraw his or her consent to the processing of personal data at any time.

If the data subject wishes to exercise his or her right to withdraw his or her consent, he or she may contact our data protection officer or any other employee of the controller at any time.

If the data subject is of the opinion that data processing violates data protection law, he has the right to complain to a data protection supervisory authority of his choice (Art. 77 DSGVO in conjunction with § 19 BDSG (German "Bundesdatenschutzgesetz")). This also includes the data protection supervisory authority responsible for us, which can be reached at the following contact details:

Landesbeauftragte für Datenschutz und Informationsfreiheit Rhineland-Palatinate
Postfach 30 40
55020 Mainz
Germany

Telephone: +49 (0) 6131 208 2449
Telefax: +49 (0) 6131 207 2497

Email: poststelle@datenschutz.rlp.de
Website: https://datenschutz.rlp.de

Data protection for employment applications and in the recruitment process

The controller collects and processes the personal data of employment applicants for the purpose of conducting the recruitment procedure. Processing may also be carried out electronically. This is particularly the case if an applicant submits relevant application documents electronically, for example by email, to the controller. If the controller concludes an employment contract with an applicant, the data transmitted is stored for the purpose of processing the employment relationship pursuant to the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents shall automatically be erased six months after the data subject has been notified of our decision, provided that no overriding legitimate interests of the controller prevent an erasure. A legitimate interest in this sense is, for example, a burden of proof in proceedings under the German General Equal Treatment Act (AGG).

Our services are intended for adults only. Persons under 16 years of age may not transmit any personal data to us without the consent of their parents or legal guardians.

Headsight GmbH reserves the right to amend this privacy policy at any time pursuant to legal requirements. An up-to-date version can be accessed directly from our website under “Legal terms - Privacy policy”. Please check the website regularly for new versions and stay informed about the applicable privacy policy.