We appreciate your visit to our website and your interest in our TOPSIM – Simulations as well as TOPSIM GmbH.
Types of processed data:
- Inventory data (e.g., names, addresses).
- Contact information (e.g., e-mail, phone numbers).
- Content data (e.g., text input, photographs, videos).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta / communication data (e.g., device information, IP addresses).
Categories of affected persons
Visitors and users of the online offer (In the following, we also refer to the affected persons as “users”).
Purpose of processing
- Providing the online offer, its features and content.
- Respond to contact requests and communicate with users.
- Security measures.
- Audience measurement / marketing
“Personal information” means any information relating to an identified or identifiable natural person (hereinafter the “data subject”); a natural person is considered as identifiable, who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, to an identification number, to location data, to an online identifier (eg cookie) or to one or more special features, that express the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person. “Processing” means any process performed with or without the aid of automated procedures or any such process associated with personal data. The term goes far and includes virtually every handling of data. “Pseudonymisation” means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without additional information being provided, provided that such additional information is kept separate and is subject to technical and organizational measures to ensure that the personal data is not assigned to an identified or identifiable natural person. “Profiling” means any kind of automated processing of personal data which involves the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to job performance, economic situation, health or personal data to analyze or predict preferences, interests, reliability, behavior, whereabouts or relocation of that natural person. “Responsible person” means the natural or legal person, public authority, establishment or body that decides, alone or in concert with others, on the purposes and means of processing personal data. “Processor” means a natural or legal person, public authority, establishment or body that processes personal data on behalf of the controller.
Relevant legal bases
In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing. Unless the legal basis in the data protection declaration is mentioned, the following applies: The legal basis for obtaining consent is Article 6 (1) lit. a and Art. 7 GDPR, the legal basis for the processing for the performance of our services and the execution of contractual measures as well as the response to inquiries is Art. 6 (1) lit. b GDPR, the legal basis for processing in order to fulfill our legal obligations is Art. 6 (1) lit. c GDPR, and the legal basis for processing in order to safeguard our legitimate interests is Article 6 (1) lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR as legal basis.
In accordance with Art. 32 GDPR, we take into account the state of the technology, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the probability and severity of the risk to the rights and freedoms of individuals and make appropriate technical and organizational measures to ensure a level of protection commensurate with the risk. Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as their access, input, disclosure, availability and separation. We have also set up procedures to ensure the recognition of data subject rights, to delete data and to respond to incidents if necessary. Furthermore, we already consider the protection of personal data in the development or selection of hardware, software and procedures, according to the principle of data protection through technology design and privacy-friendly default settings (Article 25 GDPR).
Collaboration with contract processors and third parties
If, in the course of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit them to them or otherwise grant access to the data, this will only be done on the basis of a legal permission (e.g., if the data is transmitted to third parties, as to payment service providers, in accordance with Article 6 (1) (b) GDPR is required to fulfill the contract), or you have consented to a legal obligation or on the basis of our legitimate interests (eg the use of agents, webhosters, etc .). Insofar as we commission third parties to process data on the basis of a so-called “contract processing contract”, 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 in the context of the use of third party services or disclosure, or transmission of data to third parties, this is done only if it is to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only under special conditions of Art. 44 et seq. GDPR. That the processing is e.g. based on specific guarantees, such as the officially recognized level of data protection (for example, the US Privacy Shield) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Rights of data subjects
You have the right to request a confirmation as to whether the data in question is being processed and for information about this data as well as for further information and a copy of the data in accordance with Art. 15 GDPR. You have accordingly Art. 16 GDPR the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you. In accordance with Art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, to require a restriction of the processing of data in accordance with Art. 18 GDPR. You have the right to demand that the data relating to you, which you have provided to us, be obtained in accordance with Art. 20 GDPR and request their transmission to other persons responsible. In accordance with Art. 77 GDPR, you have the right to file a complaint with the competent supervisory authority.
You have the right to withdraw your consent in accordance with Article 7 (3) GDPR with effect for the future.
Right of objection
You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The opposition may in particular be made against processing for direct marketing purposes.
Cookies and Right to Oppose Direct Mail
Deletion of data
Administration, Financial Accounting, Office Organization, Contact Management
We process data in the context of administrative tasks as well as organization of our business, financial accounting and compliance with legal obligations, such as: archiving. In doing so, we process the same data that we process in the course of rendering our contractual services. The processing principles are Art. 6 para. 1 lit. c. GDPR, Art. 6 para. 1 lit. f. GDPR. The processing affects customers, prospects, business partners and website visitors. The purpose and interest in processing lies in administration, financial accounting, office organization, data archiving, that is, tasks that serve to maintain our business, perform our duties and provide our services. The deletion of the data in terms of contractual performance and contractual communication corresponds to the information provided in these processing activities. We disclose or transmit data to the financial administration, consultants, such as tax accountants or auditors, and other fee agents and payment service providers. Furthermore, based on our business interests, we store information about suppliers, promoters and other business partners, e.g. for later contact. We generally store this majority of company-related data permanently.
Users can create a user account. As part of the registration, the required mandatory information is communicated to the users and based on Art. 6 para. 1 lit. b GDPR processed for purposes of providing the user account. The processed data include in particular the login information (name, password and an e-mail address). The data entered during registration will be used for the purpose of using the user account and its purpose. Users may be informed via e-mail on information relevant to their user account, e.g. technical changes. If users have terminated their user account, their data will be deleted with respect to the user account, subject to a statutory retention requirement. It is the responsibility of the users to secure their data upon termination before the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract. As part of the use of our registration and registration functions as well as the use of the user account, the IP address and the time of the respective user action will be saved. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is necessary for the prosecution of our claims or there is a legal obligation in accordance with. Art. 6 para. 1 lit. c GDPR. The IP addresses will be anonymized or deleted after 30 days at the latest.
When contacting us (for example, by contact form, e-mail, telephone or via social media), the information provided by the user to process the contact request and its processing in accordance with. Art. 6 para. 1 lit. b) GDPR processed. User information can be stored in a Customer Relationship Management System (“CRM System”) or comparable request organization. We delete the requests, if they are no longer required. We check the necessity every two years; Furthermore, the legal archiving obligations apply.
We use various software from Zoho Corporation B.V., Beneluxlaan 4B, 3527 HT UTRECHT, Netherlands, including Zoho SalesIQ and Zoho Campaigns.
If you would like to receive our newsletter, we need an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. No further data is collected, or only on a voluntary basis. We only use this data to send the requested information and do not pass it on to third parties.
The processing of the data entered in the newsletter registration form takes place exclusively on the basis of your consent (Art. 6 Para. 1 lit. a GDPR and Art. 7 EU GDPR as well as § 7 Para. 2 No. 3 UWG). You can revoke your consent to the storage of the data, the e-mail address and its use for sending the newsletter at any time, for example via the “unsubscribe” link in the newsletter. The legality of the data processing that has already taken place remains unaffected by the revocation.
On our website you have the possibility to contact us via chat function. We use the “Zoho SalesIQ” tool from www.zoho.com. To contact us via the chat function, all you have to do is enter your name, your email address and your request. You can voluntarily provide further information.
In addition to providing the chat function, the tool analyzes your use of our website. When you visit our website, Zoho stores cookies on your computer. Cookies are small text files that are saved on your hard drive and assigned to the browser you are using. As a result, certain information is transmitted to the person who sets the cookie.
The processing of your personal data before the chat function is activated is based on Art. 6 Para. 1 S. 1 lit. f) GDPR. It serves to optimize our website and gives us the opportunity to contact you proactively via the chat function. The processing of your personal data in the context of the chat function takes place on the basis of Art. 6 para. 1 sentence 1 lit. a) GDPR. It serves to process and answer your request.
Further information on the purpose and scope of data processing by Zoho can be found in Zoho’s data protection declaration: www.zoho.com/de/privacy.html.
Hosting and Emailing
The hosting services we use are designed to provide the following services: infrastructure and platform services, computing capacity, storage and database services, e-mail delivery, security and technical maintenance services we use to operate this online service. Here we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer acc. Art. 6 para. 1 lit. f GDPR i.V.m. Art. 28 GDPR (conclusion of contract processing contract).
Collection of access data and log files
We, or our hosting provider, collects on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR Data on every access to the server on which this service is located (so-called server log files). The access data includes name of the retrieved web page, file, date and time of retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider. Logfile information is stored for security purposes (for example, to investigate abusive or fraudulent activities) for a maximum of 30 days and then deleted. Data whose further retention is required for evidence purposes shall be exempted from the deletion until final clarification of the incident.
Online social media presence
Integration of Services and Third Party Content
Within our online offer based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. GDPR), we make use of third-party content or service offerings their contents and services, such as include videos or fonts (collectively referred to as “content”). This always presupposes that the third-party providers of this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, visit time, and other information regarding the use of our online offer.
By using our offer, you agree to the use of your data as set forth herein. TOPSIM reserves the right to modify existing privacy policies, delete and expand positions. We will inform you about every change. With the further use you agree to the change of the conditions.