Legal

FAKT Software GmbH
Torgauer Platz 1-3
D – 04315 Leipzig
GERMANY

Phone +49 (0) 341 14 99 05 64
Fax +49 (0) 341 14 99 05 65
Mail info@fakt-software.de

Managing Directors: Andreas Lenk, Falk Möckel, Thomas Heinschke 
Head Office: Leipzig, Germany
Commercial Register: Amtsgericht Leipzig, HRB 25996
USt-ID: DE219893196  

DATA PROTECTION DECLARATION

Data protection is very important to us. The collection and processing of your personal data takes place in compliance with the current data protection regulations, especially the General Data Protection Regulation (GDPR).

The following data protection declaration applies to the use of all our online services (e.g. fakt-software.com, fakt-software.de, crazymachines-game.de, ... (hereinafter "website")) as well as generelly getting in contact with us (e.g. for the initiation of an employment or commissioning a project) and the use of our social media presences.

1. Person responsible
The responsible party for the collection, processing and use of your personal data is FAKT Software GmbH, hereinafter also referred to as "we". You can find our contact details in the legal notice.

Our data protection officer is
Janina Albrecht
Hänischstraße 55
04347 Leipzig
Germany
Mail: ja@janina-albrecht.de

If you have any questions about data protection at FAKT Software GmbH or would like to exercise one of your legal rights (see 7. Your rights as a data subject), you are welcome to contact our data protection officer.

You can save and print this data protection declaration at any time.

2. Operation of the website
We use personal data for the purpose of operating our websites. Below you will find information on which data we use for this purpose and why:

2.1 Hosting
To operate the website we use a hosting service provider. He offers the following services: infrastructure and platform services, processing capacity, storage space and database services, security services as well as technical maintenance services.

Our hosting provider processes access and usage data of visitors to our websites on the basis of our legitimate interest in the efficient and secure provision of our website in accordance with art. 6 par. 1 sentence 1f) GDPR in conjunction with art. 28 GDPR.

2.2 Access ans usage data
We collect information about you, when you use our online services. We automatically record information about your usage behaviour, your interaction with us and register information about your computer or mobile device. We collect, store and use data about every access to our website (so-called server log files). The access data include:

  • Name and URL of the accessed file
  • Date and time
  • Data volume transmitted
  • Notification of successful access (HTTP response code)
  • Browser type and browser version
  • Preferred browser language
  • Operating system
  • Referrer URL (i.e. the previous page visited)
  • Websites accessed from our website by the system of the user
  • Internet service provider of the user
  • IP address (anonymised) and requesting provider

Without allocation to your person or other profiling, we use these log data for statistical evaluations for the purpose of operation, security and optimisation of our website. This includes for example the anonymous recording of the number of visitors to our website (traffic). The access and usage data allows us to analyse the data traffic, find and eliminate faults, and improve our services. This is our legitimate interest in accordance with art. 6 par. 1 sentence 1f) GDPR.

We reserve the right to review the log data subsequently, if there is justified suspicion of unlawful use of our websites.

2.3 Cookies
Cookies are small text files that are sent to, and temporarily stored, on your hard drive by the respective servers when a website is visited. Session Cookies enables the recognition of your computer when you return to a website and allow you e.g. to use a shopping basket function across several pages. Session cookies are deleted once you close your browser. Persistent cookies remain on your terminal device and will be deleted automatically after a set time (1 month to 10 years). Persistent cookies allow e.g. to show you information tailored specifically to your interests on a website.

We do not use any kind of cookies within our online services.

3. Contacting us
If you contact us (telefon, email,…) we will process your data to answer your enquiry and any follow-up questions that may arise.

If your enquiry relates to the performance of a contract with us or to the possible conclusion of a contract, the legal basis for this data processing is art. 6 para. 1 p. 1 b) DSGVO. We mainly process the name and contact details of employees of our customers and partners. Aditionally we process billing and payment information and project data. The collection of this data is necessary for the performance of our contractual duties.

We will only process further personal data if you consent to this (art. 6 para. 1 p. 1 a) GDPR) or if we have a legitimate interest in processing your data (art. 6 para. 1 p. 1 f) GDPR). A legitimate interest is, for example, to respond to your email.

Within the project implementation, but also in general communication with us, we are happy to adapt to your preferences regarding the use of IT service providers. Is the IT service provider based outside the EU personal data may be transferred to Non- EU countries. If you choose an IT service provider freely or agree to their use, we recognize this as your consent in accordance with art. 6 para. 1 sentence 1 a) GDPR.

4. Applications
We process data you send us in relation to your application in order to check your suitability for vacancies and to carry out the application procedure. The legal basis for this is primarily Section 26 of the German Federal Data Protection Act (BDSG), according to which the processing of data required in connection with the decision on the establishment of an employment relationship is permissible.

In the event of a rejection, your data will be deleted after one month. If we would like to contact you again at a later date, we will ask for your consent (art. 6 para. 1 p. 1 a) GDPR) and store your personal data for the agreed period.

Regarding the job interview, we are happy to adapt to your preferences. Would you like to do an remote interview instead of visiting us in our office, we usually use MS Teams as an IT Service provider. Microsoft assures customers from the EU that their data will be stored and processed on servers within the EU, but a transfer of personal data to Non-EU Countries cannot be ruled out. We regard your consent to conducting the job interview via MS Teams as consent in accordance with art. 6 Para. 1 Sentence 1 a) GDPR.

5. Social media platforms
We operate social media presences in order to draw attention to our services and products or FAKT Software GmbH as an employer. The operation and associated processing of personal data is based on our legitimate interests in providing a current and supportive opportunity for information and interaction (art. 6 para. 1 p. 1 f) GDPR).

If two or more controllers jointly determine the purposes of and the means for processing personal data, they are joint controllers and have to determine their respective responsibilities for compliance with the GDPR. We would like to point out that the social media platforms also collect data independently when you visit our pages on them. We have no direct influence or precise knowledge of their processing. You can find more information and contact options in the respective data protection declarations of the social media platforms:

Xing: https://privacy.xing.com/de/datenschutzerklaerung
Facebook: https://www.facebook.com/about/privacy/
LinkedIn: https://de.linkedin.com/legal/privacy-policy
Kununu: https://www.kununu.com

When using social media platforms with headquarters or servers in the USA (Facebook & LinkedIn), personal data may be transferred to Non-EU countries. With regard to data protection, these companies are Privacy Shield certified (Facebook) or have submitted to the standard contractual clauses of the EU Commission (Facebook & LinkedIn).

6. Storage duration
Unless specifically stated, we store personal data only for as long as required for the purposes pursued.
In some cases the law requires storage of personal data, such as in fiscal or commercial law. In these cases, we only continue to store the data for these statutory purposes and delete them after expiry of the statutory retention period.

7. Your rights as the data subject
Under the applicable laws, you have various rights with respect to your personal data. If you wish to assert these rights, please address your request by e-mail or post to the address of our data protection officer mentioned in figure 1.

A summary of your rights can be found here:

7.1 Right to information
You have the right to transparent information about the processing of your personal data.

7.2 Right to correction
You have the right to demand that we correct personal data about you.

7.3 Right to erasure (“right to be forgotten”)
In a number of cases, we are obliged to delete personal data about you.

7.4 Right to limitation of processing
In a number of cases, you are entitled to demand that we limit the processing of your personal data.

7.5 Right to data portability
You have the right to receive or transmit personal data about you or to have such transmitted by us, in a machine-readable format.

7.6 Right to object
You have the right to object to a legitimate processing of your personal data by us, if this is justified by your personal situation and not outweighed by our interests in the processing.

7.7 Automated decision-making including profiling
You have the right not to be subject to a decision based exclusively on automated processing – including profiling – which has a legal impact on you or similarly has a significant adverse effect on you.
Within our company, no automated decision-making takes place on the basis of personal data.

7.8 Right to revoke consent
You have the right to revoke consent to the processing of you personal data at any time.

7.9 Right to appeal to a regulatory authority
You have the right to appeal to a regulatory authority, if you think that the processing of you personal data is unlawful.

8. Data security
We have maximum commitment to the security of your personal data. Therefore we maintain several technical and organisational security measures.

9. Disclosure of data to third parties, no data transmission outside the EU
Fundamentally, we use your personal data only within our company.
If we use third parties (such as logistics services providers or IT service providers), these parties receive personal data only to the extent they need for the corresponding service.
In the event that we outsource certain parts of the data processing (“order processing”), we contractually bind our order processors to use personal data only in compliance with the requirements of the data protection legislation.
A data transfer to third parties outside the EU, other then mentioned in this declaration in section 3,4 and 5, does not take place and is not planned.