Data Protection Policy

Information on the Collection of Personal Data

Below we inform you about the collection of personal data in connection with our business relationship and the use of this website. Personal data refers to any data that can be related to you personally, such as name, address, email addresses, user behavior.

I. Name and Address of the Controller

The controller within the meaning of Section 13 of the German Telemedia Act (Telemediengesetz) as well as the General Data Protection Regulation (GDPR) and other national data protection laws of the member states, as well as other data protection regulations, is:

Mitkov Systems GmbH
Martin Mitkov
Im Neutscher Grund 8
D-64342 Seeheim-Jugenheim

Tel: +49 (0) 6257 9186687

Email: mail@mitkov-systems.de
Website: www.mitkov-systems.de

II. General Information on Data Processing

1. Scope of Processing Personal Data

We process personal data of our users only as far as necessary to fulfill the contractual relationship with our customers or to provide a functional website and our content and services.

The processing of personal data of our users is regularly only carried out after the user's consent. An exception applies in cases where obtaining prior consent is not possible for actual reasons and the processing of the data is permitted by legal provisions.

1. Legal Basis for the Processing of Personal Data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis.
If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations necessary for carrying out pre-contractual measures.
Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.
In the event that the vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights, and freedoms of the data subject do not override the first-mentioned interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.

1. Deletion and Storage Period of Data

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may also occur if provided for by European or national legislation in EU regulations, laws, or other provisions to which the controller is subject. Blocking or deletion of data will also occur if a storage period prescribed by the mentioned regulations expires unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.

1. Provision of the Website and Creation of Log Files
   
   

Every time our website is accessed, our system automatically collects data and information from the computer system of the accessing device.

The following data is collected:

• Information about the browser type and version used
• The user's operating system
• The user's internet service provider
• The user's IP address
• Date and time of access
• Websites from which the user's system accesses our website
• Websites accessed by the user's system through our website

The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

Legal Basis for Data Processing

The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.

Purpose of Data Processing

Storage in log files is carried out to ensure the website's functionality. Additionally, the data helps us optimize the website and ensure the security of our IT systems. Data is not evaluated for marketing purposes in this context.
In these purposes also lies our legitimate interest in data processing according to Art. 6 para. 1 lit. f GDPR.

Duration of Storage

If data is stored in log files, this is the case for no more than seven days. Further storage is possible. In this case, the IP addresses of the users are deleted or anonymized, so that an assignment of the accessing client is no longer possible.

Possibility of Objection and Elimination

The collection of data for the provision of the website and the storage of data in log files is essential for the website's operation. Therefore, the user has no possibility to object.

(2) Use of Cookies

Description and Scope of Data Processing

Our websites use so-called cookies. Cookies do not harm your computer and do not contain viruses. Cookies serve to make our offer more user-friendly, effective, and secure. Cookies are small text files stored on your computer and saved by your browser.
Most of the cookies we use are so-called “session cookies.” They are automatically deleted after your visit. Other cookies remain on your device until you delete them. These cookies allow us to recognize your browser on your next visit.
You can set your browser so that you are informed about the setting of cookies and allow cookies only in individual cases, exclude the acceptance of cookies for specific cases or in general, and enable the automatic deletion of cookies when closing the browser. Disabling cookies may limit the functionality of this website.

Purpose of Data Processing

The use of analysis cookies is for improving the quality of our website and its content.

Legal Basis for Data Processing

Cookies necessary for the electronic communication process or for providing specific functions you desire are stored based on Art. 6 para. 1 lit. f GDPR.
The website operator has a legitimate interest in storing cookies for the technically error-free and optimized provision of its services.
The use of analysis cookies is for improving the quality of our website and its content. Through analysis cookies, we learn how the website is used and can continuously optimize our offer. In these purposes also lies our legitimate interest in processing personal data according to Art. 6 para. 1 lit. f GDPR.

Duration of Storage, Objection and Elimination Possibility

Cookies are stored on the user's computer and transmitted to our site by it. Therefore, you as the user have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Already stored cookies can be deleted at any time. This can also be done automatically. If cookies for our website are deactivated, not all functions of the website may be fully usable.

(3) Contact Form and Email Contact

Description and Scope of Data Processing

Our website contains a contact form that can be used for electronic contact. If a user takes advantage of this option, the data entered in the input mask is transmitted to us and stored. This data includes:

Customer name, contact person, address, location, telephone number, email address

At the time of sending the message, the following data is also stored:

• The IP address of the user
• Date and time of registration

For processing the data, your consent is obtained during the sending process, and reference is made to this data protection policy. Alternatively, contact can be made via the provided email address. In this case, the user's personal data transmitted with the email will be stored.
In this context, there is no transfer of data to third parties. The data is used exclusively for processing the conversation.

Legal Basis for Data Processing

The legal basis for processing the data is Art. 6 para. 1 lit. a GDPR if the user has given consent.
The legal basis for processing the data transmitted in the course of sending an email is Art. 6 para. 1 lit. f GDPR. If the email contact aims at concluding a contract, an additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

Purpose of Data Processing

The processing of personal data from the input mask serves only to process the contact. If contact is made by email, this also constitutes the necessary legitimate interest in processing the data.
The other personal data processed during the sending process is used to prevent misuse of the contact form and ensure the security of our IT systems.

Duration of Storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by email, this is the case when the respective conversation with the user is finished. The conversation is considered finished when it can be inferred from the circumstances that the relevant matter has been conclusively clarified.
The additional personal data collected during the sending process will be deleted at the latest after seven days.

Possibility of Objection and Elimination

The user can revoke their consent to the processing of personal data at any time. If the user contacts us via email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.
Objection/elimination can be done via email to: mail@mitkov-systems.de
All personal data stored in the course of contact will be deleted in this case.

(4) Google Analytics

(a) Our website uses features of the web analytics service Google Analytics. The provider of the web analytics service is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google Analytics uses "cookies." These are small text files stored by your web browser on your device that allow an analysis of the use of the website. The information generated by cookies about your use of our website is transmitted to a Google server and stored there. The server is typically located in the USA.
Setting Google Analytics cookies is based on Art. 6 para. 1 lit. f GDPR. As the operator of this website, we have a legitimate interest in analyzing user behavior to optimize our web offering and potentially also advertising.

(b) IP Anonymization

We use Google Analytics in conjunction with IP anonymization. It ensures that Google truncates your IP address within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before transmission to the USA. In exceptional cases, Google may transmit the full IP address to a server in the USA and shorten it there. Google will use this information on our behalf to evaluate your use of the website, to compile reports on website activity, and to provide us with other services related to website and internet usage. The IP address transmitted by Google Analytics will not be merged with other data held by Google.

(c) You can prevent cookies from being stored on your device by configuring your web browser accordingly. However, this may result in limited functionality of our website. You can also prevent the collection of data generated by cookies related to your use of the website, including your IP address, and the subsequent processing by Google. This is possible by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

(d) Objection to Data Collection

You can prevent the collection of your data by Google Analytics by clicking the following link. An opt-out cookie will be set that prevents the collection of your data on future visits to our website.
For more details on how Google Analytics handles user data, see Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=en.

(e) Data Processing Agreement

To fully comply with legal data protection requirements, we have entered into a data processing agreement with Google.

(f) Demographic Data in Google Analytics

Our website uses the “demographics” feature of Google Analytics. This allows reports to be generated that contain statements about the age, gender, and interests of site visitors. This data comes from Google's interest-based advertising and third-party visitor data. The data cannot be attributed to a specific person. You can disable this feature at any time via the ad settings in your Google account or by generally prohibiting the collection of your data by Google Analytics as described under "Objection to Data Collection."

(5) Google AdWords and Google Conversion Tracking

(a) Our website uses Google AdWords. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.

AdWords is an online advertising program. As part of the online advertising program, we work with conversion tracking. A conversion tracking cookie is set after a click on an ad placed by Google. Cookies are small text files stored by your web browser on your device. Google AdWords cookies expire after 30 days and do not serve to personally identify users. Through the cookie, Google and we can recognize that you clicked on an ad and were redirected to our website.

Each Google AdWords customer receives a different cookie. The cookies are not traceable across the websites of AdWords customers. Conversion cookies generate conversion statistics for AdWords customers who use conversion tracking. AdWords customers learn how many users clicked on their ad and were redirected to pages with a conversion tracking tag. However, AdWords customers do not receive information that personally identifies users. If you do not want to participate in tracking, you can object to its use. Here, the conversion cookie must be disabled in the browser's user settings. This prevents inclusion in the conversion tracking statistics.

(b) The storage of “conversion cookies” is based on Art. 6 para. 1 lit. f GDPR. We, as the website operator, have a legitimate interest in analyzing user behavior to optimize our web offering and advertising.

For more information on Google AdWords and Google Conversion Tracking, please refer to Google's privacy policy: https://www.google.com/policies/privacy/.

With a modern web browser, you can monitor, restrict, or prevent the setting of cookies. Disabling cookies may result in limited functionality of our website.

1. Data Processing when Ordering Cloud Services

We rely on third-party companies and external service providers to provide our service. Any transfer of personal data is justified by the fact that
(1) we have a legitimate interest in transferring the data for administrative purposes within our corporate group, and your rights and interests in protecting your personal data do not override this legitimate interest as per Art. 6 para. 1 lit. f) GDPR; and
(2) we have carefully selected, regularly reviewed, and contractually bound our third-party companies and external service providers as processors under Art. 28 para. 1 GDPR to process all personal data exclusively according to our instructions.

III. Rights of the Data Subject

The following list includes all the rights of the data subjects under the GDPR. Rights that are not relevant to the specific website do not need to be mentioned. To that extent, the list can be shortened. If personal data concerning you is processed, you are a data subject within the meaning of the GDPR, and you have the following rights against the controller:

2. Right to Information

You can request confirmation from the controller as to whether personal data concerning you is being processed.
If such processing exists, you can request information from the controller about the following:
(1) the purposes for which the personal data is processed;
(2) the categories of personal data that are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed;
(4) the planned duration of the storage of the personal data concerning you, or if specific information about this is not possible, criteria for determining the storage duration;
(5) the existence of a right to rectification or deletion of the personal data concerning you, a right to restrict processing by the controller, or a right to object to this processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) all available information about the origin of the data if the personal data is not collected from the data subject;
(8) the existence of automated decision-making, including profiling under Art. 22 para. 1 and 4 GDPR, and – at least in these cases – meaningful information about the logic involved, as well as the significance and intended consequences of such processing for the data subject.

You have the right to request information as to whether personal data concerning you is transferred to a third country or an international organization. In this context, you can request to be informed about the appropriate safeguards under Art. 46 GDPR in connection with the transfer.

1. Right to Rectification

You have the right to request the rectification and/or completion of inaccurate or incomplete personal data concerning you by the controller. The controller must make the correction without delay.

1. Right to Restriction of Processing

Under the following conditions, you can request the restriction of the processing of personal data concerning you:
(1) if you contest the accuracy of the personal data concerning you for a period that allows the controller to verify the accuracy of the personal data;
(2) the processing is unlawful, and you oppose the deletion of the personal data and request the restriction of its use instead;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need it to assert, exercise, or defend legal claims; or
(4) if you have objected to the processing under Art. 21 para. 1 GDPR and it is not yet determined whether the legitimate grounds of the controller override your grounds.

If the processing of personal data concerning you has been restricted, this data may only be processed – except for storage – with your consent or for asserting, exercising, or defending legal claims or for protecting the rights of another natural or legal person or for reasons of significant public interest of the Union or a member state.

If the restriction of processing was restricted according to the above conditions, you will be informed by the controller before the restriction is lifted.

1. Right to Erasure
   
   

a) Obligation to Erase

You can request the controller to delete personal data concerning you without delay, and the controller is obligated to delete this data without delay if one of the following reasons applies:
(1) The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
(2) You withdraw your consent on which the processing is based under Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.
(3) You object to the processing under Art. 21 para. 1 GDPR, and there are no overriding legitimate grounds for the processing, or you object to the processing under Art. 21 para. 2 GDPR.
(4) The personal data concerning you has been unlawfully processed.
(5) The deletion of personal data concerning you is necessary to comply with a legal obligation under Union or member state law to which the controller is subject.
(6) The personal data concerning you was collected in relation to information society services offered according to Art. 8 para. 1 GDPR.

1. Information to Third Parties

If the controller has made the personal data concerning you public and is obliged to delete it under Art. 17 para. 1 GDPR, the controller shall take appropriate measures, including technical measures, considering the available technology and implementation costs, to inform data controllers that process the personal data, that you, as the data subject, have requested the deletion of all links to this personal data or copies or replications of this personal data.

Exceptions
The right to erasure does not apply if the processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) to comply with a legal obligation requiring the processing under Union or member state law to which the controller is subject, or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health according to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes according to Art. 89 para. 1 GDPR, insofar as the right referred to in (a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(5) to assert, exercise, or defend legal claims.

1. Right to Notification

If you have asserted the right to rectification, erasure, or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you has been disclosed of this rectification or erasure of the data or restriction of processing unless this proves impossible or involves disproportionate effort.
You have the right to be informed about these recipients by the controller.

1. Right to Data Portability

You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used, and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that
(1) the processing is based on consent according to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract according to Art. 6 para. 1 lit. b GDPR and
(2) the processing is carried out by automated means.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. This must not adversely affect the rights and freedoms of others.
The right to data portability does not apply to processing personal data necessary to perform a task carried out in the public interest or in the exercise of official authority vested in the controller.

1. Right to Object

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you, which is carried out based on Art. 6 para. 1 lit. e or f GDPR, including profiling based on those provisions.

The controller shall no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or for the establishment, exercise, or defense of legal claims.

If the personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing; this also applies to profiling insofar as it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

In connection with the use of information society services, you have the option – notwithstanding Directive 2002/58/EC – to exercise your right to object by automated means using technical specifications.

1. Right to Withdraw Data Protection Consent

You have the right to withdraw your data protection consent at any time. The withdrawal of consent does not affect the lawfulness of the processing carried out based on the consent before its withdrawal.

1. Automated Individual Decision-Making, Including Profiling

You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for entering into, or the performance of, a contract between you and the controller,
(2) is authorized by Union or member state law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
(3) is based on your explicit consent.

However, these decisions must not be based on special categories of personal data referred to in Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies, and suitable measures to safeguard your rights, freedoms, and legitimate interests are in place.

In the cases referred to in (1) and (3), the controller shall implement suitable measures to safeguard your rights, freedoms, and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express your point of view, and to contest the decision.

1. Right to Lodge a Complaint with a Supervisory Authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your habitual residence, place of work, or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant of the progress and the outcome of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.

Status: August 2021

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