Effective date: September 29, 2023
We are very pleased about your interest in our company. Data protection is of a particularly high priority for the management of Topsystem GmbH. The use of the Internet pages of the Topsystem GmbH is possible without any indication of personal data. However, if a data subject wants to use special services of our enterprise via our website, processing of personal data could become necessary. If processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the country-specific data protection regulations applicable to the Topsystem GmbH. By means of this data protection declaration, our enterprise would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.
As the controller, the Topsystem GmbH has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always be subject to security vulnerabilities, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
1. Definitions
The data protection declaration of Topsystem GmbH is based on the terms used by the European Directive and Ordinance when issuing the basic data protection regulation (GDPR). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this privacy policy:
(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) person concerned
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
c) Processing
Processing is any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, 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 is the marking of stored personal data with the aim of limiting their future processing.
e) Profiling
Profiling is any form of automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a way 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 organisational measures which ensure that the personal data are not attributed to an identified or identifiable natural person.
(g) controller or person responsible for processing
The controller or person responsible for processing is 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. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.
(h) Processors
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) Recipient
A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.
j) Third
Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.
k) Consent
Consent shall mean any freely given specific and informed indication of the data subject's wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
2. Name and address of the controller
The responsible party within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
Topsystem GmbH
Krefelder Street 201
52070 Aachen
Germany
Tel.: 0241 568 262 0
E-mail: info@lydia-voice.com
Website: https://www.topsystem.de/gb/
3. Name and address of the data protection officer
The company's data protection officer is:
Dr Christiane Jakobs
Contact: dataprotection@epg.com
Any data subject may contact our data protection officer directly at any time with any questions or suggestions regarding data protection.
4. Collection of general data and information
The website of the Topsystem GmbH collects a series of general data and information every time a data subject or automated system calls up the website. This general data and information is stored in the log files of the server. The following data may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, the Topsystem GmbH does not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the contents of our website correctly, (2) to optimise the contents of our website and the advertising for these, (3) to ensure the long-term operability of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, the Topsystem GmbH analyzes anonymously collected data and information on one hand, and on the other hand, with the aim of increasing the data protection and data security of our enterprise so that we can ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data submitted by a data subject.
5. Registration on our website
The data subject has the possibility to register on the website of the controller by providing personal data. The personal data that is transmitted to the data controller in this context results from the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the data to be transferred to one or more processors, for example a parcel service provider, who will also use the personal data exclusively for an internal use attributable to the controller.
By registering on the website of the controller, the IP address assigned by the Internet service provider (ISP) of the data subject, the date and the time of registration are also stored. The storage of this data takes place against the background that only in this way can the misuse of our services be prevented and, if necessary, this data makes it possible to clarify criminal offences that have been committed. In this respect, the storage of this data is necessary for the protection of the data controller. As a matter of principle, this data is not passed on to third parties unless there is a legal obligation to pass it on or the passing on serves the purpose of criminal prosecution.
The registration of the data subject by voluntarily providing personal data serves the purpose of the controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have it completely deleted from the data of the controller.
The controller shall provide any data subject at any time, upon request, with information on which personal data relating to the data subject are stored. Furthermore, the controller shall correct or delete personal data at the request or indication of the data subject, provided that this does not conflict with any statutory retention obligations. The entire staff of the controller shall be available to the data subject as contact persons in this context.
6. How to contact us via the website
The website of the Topsystem GmbH contains legal requirements which enable a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or by using a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be disclosed to third parties.
7. Routine deletion and blocking of personal data
The controller shall process and store personal data of the data subject only for the time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies or if a storage period prescribed by the European Directive and Regulation or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
8. Rights of the data subject
a) Right to confirmation
Every data subject shall have the right, granted by the European Directive and the Regulation, to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right, he or she may, at any time, contact any employee of the controller.
b) Right to information
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller, at any time and free of charge, information about the personal data stored about him or her and a copy of that information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:
Furthermore, the data subject has the right to be informed whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she may, at any time, contact any employee of the controller.
c) Right of rectification
Any person concerned by the processing of personal data shall have the right granted by the European Directive and the Regulation to obtain the rectification without delay of inaccurate personal data relating to him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (right to be forgotten)
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is not necessary:
If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by the Topsystem GmbH, he or she may, at any time, contact any employee of the controller. The employee of the Topsystem GmbH will arrange for the deletion request to be complied with immediately.
If the personal data has been made public by Topsystem GmbH and our company as the responsible party is obliged to delete the personal data pursuant to Art. 17 Para. 1 GDPR, Topsystem GmbH shall implement reasonable measures, including technical measures, to compensate other data controllers for processing the personal data published, taking into account the available technology and the cost of implementation, in order to inform the data subject that he or she has requested from those other data controllers to erase all links to the personal data or copies or replications of the personal data, unless the processing is necessary. The employee of the Topsystem GmbH will arrange the necessary in individual cases.
e) Right to restriction of processing
Any person concerned by the processing of personal data has the right, granted by the European Directive and the Regulation, to obtain from the controller the restriction of processing where one of the following conditions is met:
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the Topsystem GmbH, he or she may, at any time, contact any employee of the controller. The employee of the Topsystem GmbH will arrange the restriction of the processing.
f) Right to data portability
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. The data subject shall also have the right to transmit such data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out by automated means, unless the processing is 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, when exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain that the personal data be transferred directly from one controller to another controller, to the extent that this is technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.
In order to assert the right to data portability, the data subject may at any time contact any employee of the Topsystem GmbH.
g) Right to object
Any person affected by the processing of personal data shall have the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.
The Topsystem GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims.
If the Topsystem GmbH processes personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to the profiling, insofar as it is related to such direct marketing. If the data subject objects to Topsystem GmbH to the processing for direct marketing purposes, Topsystem GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by the Topsystem GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right to object, the data subject may directly contact any employee of the Topsystem GmbH or another employee. The data subject is also free to exercise his/her right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
h) Automated decisions in individual cases including profiling
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, 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 the performance of, a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and that such law lays down appropriate measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is made with the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the data controller, or (2) it is made with the data subject's explicit consent, the Topsystem GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, which include at least the right to obtain the data subject's involvement 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 exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.
i) Right to revoke consent under data protection law
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact any employee of the controller.
9. Data protection provisions on the use and application of HelloBar
a) Scope & purpose of data processing
We use an application from the service provider Hellobar Inc. 450 B Street #775, San Diego, CA 92101 to display banners on our website. Your IP address and, if applicable, the e-mail address and name are processed.
b) Legal basis for the processing
The processing is based on the legal basis of Art. 6 para. 1 p. 1 lit. f GDPR and serves our legitimate interest in the economic operation of our website. You can read the privacy policy of Hellobar Inc. on this page: https://www.hellobar.com/privacy-policy/
10. Data protection provisions on the use and application of Leadquizzes
a) Scope & purpose of data processing
We use the data you have voluntarily provided to us within the lead quiz exclusively to evaluate the quiz and to contact you afterwards. The data collected is the user's email address and telephone number.
b) Legal basis for the processing
The legal basis for the processing of personal data is Art. 6 para. 1 p. 1 lit. f GDPR.
c) Duration of the processing & possibility of elimination
The data is deleted as soon as it is no longer required for our recording purposes pursuant to Art. 6 (1) p. 1 lit. f GDPR. In our case, the data will be deleted after one month. If you would like to request prior deletion, you are entitled to do so through the right of deletion.
You can read the Leadquizzes privacy policy here: https://www.leadquizzes.com/privacy-policy/
11. Privacy policy for the use and application of WhoisVisiting.com
Whoisvisiting receives information about the activities of visitors to clients' websites. When a customer registers to use the service, Whoisvisiting receives information about the customer's websites. This includes:
Pages viewed, time of visit, time of last visit, IP address owner name, reverse domain of IP address, referring website, application or service, including relevant search queries that led you to our website, browser information, operating system information, device information (mobile operating system, screen size, etc.), demographic information (country, county, postcode, address, etc.).
Any information we collect from you may be used in any or all of the following ways:
12. Privacy policy on the use and application of CrazyEgg.com
a) Scope & purpose of data processing
This site uses the tracking tool CrazyEgg.com to record randomly selected individual visits with anonymised IP addresses only. This tracking tool uses cookies to evaluate how you use the website (e.g. which content is clicked on). For this purpose, a usage profile is visually displayed. When displaying evaluation data, not the IP addresses themselves are used, but pseudonyms.
b) Legal basis for the processing
The legal basis for the processing of your data is a balancing of interests, according to which the processing of your personal data described above is not opposed by any overriding interests on your part (Art. 6 (1) sentence 1 lit. f GDPR).
c) Duration of the processing & possibility of elimination
You can object to the collection, processing and recording of the data generated by CrazyEgg.com at any time by following the instructions at https://www.crazyegg.com/opt-out. For more information on data protection at CrazyEgg.com, please visit www.crazyegg.com/privacy.
13. Privacy policy on the use and application of Pabbly.com
Whenever you use forms that we provide on our website, our system records the data that you have entered in the form.
The following data is collected: Data entered in the form.
These could be, for example:
The following data is collected automatically:
This data is temporarily stored in the log files of our system. This data is not stored together with other personal data.
b) Legal basis for data processing
The legal basis for the collection of the data entered by you in a form provided is Art. 6 para. 1 lit. a GDPR ("the data subject has given his/her consent to the processing of personal data relating to him/her for one or more specific purposes").
The legal basis for the temporary storage of data in the log files is Art. 6 para. 1 lit. f GDPR ("legitimate interest of the controller or a third party, unless such interest is overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data").
c) Purpose of the data processing
The purpose of processing the data entered in a form corresponds to the purpose of the form. This can be:
The temporary storage of the IP address by the system is necessary to enable delivery of the website to your computer. For this purpose, the IP address of your computer must remain stored for the duration of the session. The storage in log files is done to ensure a smooth connection setup of the website, to guarantee a comfortable use of our website, to evaluate the system security and stability as well as for further administrative purposes.
d) Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. In the case of storage of the IP address in log files, deletion takes place after 15 days at the latest. You can read the privacy policy for Pabbly (by Magneti Brains LLC) on this page: https://www.pabbly.com/privacy-policy/
14. Privacy policy on the use and application of Perspective Software GmbH
Each time you access our website, our system automatically collects data and information from the computer system of the accessing computer.
The following data is collected:
This data is temporarily stored in the log files of our system. This data is not stored together with other personal data.
b) Legal basis for data processing
The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f GDPR ("legitimate interest of the controller or a third party, unless such interest is overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data").
c) Purpose of the data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to your computer. For this purpose, the IP address of your computer must remain stored for the duration of the session. The storage in log files is done to ensure a smooth connection of the website, to guarantee a comfortable use of our website, to evaluate the system security and stability as well as for other administrative purposes.
d) Duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected.
In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
In the case of storage of the IP address in log files, this is the case after 7 days at the latest.
You can read the privacy policy for Perspective (by Perspective Software GmbH) on this page: https://www.perspective.co/de/datenschutzerklaerung
15. Data protection provisions on the use and application of Google Analytics
We use Google Analytics to analyse website usage. We use the information gained from this to optimise our website and advertising measures.
Google Analytics is provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). Google processes website usage data on our behalf and has contractually agreed to implement appropriate security measures to ensure the confidentiality of the data processed.
Google Analytics is used to analyse the flow of visitors to our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us showing the activities on our website and to provide other services in connection with the use of our website. Web analysis is mainly used to optimise a website and to analyse the costs and benefits of internet advertising. When you visit our website, various data is collected, including:
This data is transferred to Google servers in the USA. Please note that the same level of data protection may not be guaranteed in the USA as in the EU. Personal data such as name, address or contact details are never transmitted to Google Analytics.
Google Analytics stores cookies in your web browser for a period of two years since your last visit. These cookies contain a randomly generated user ID that can be used to recognise you on future website visits. The collected data is stored together with the randomly generated user ID, which enables the creation of pseudonymous user profiles. This user-related data is automatically deleted after 14 months. Other data remains stored in aggregated form indefinitely.
If you do not wish to consent to the collection, you have the option of rejecting the cookies in our cookie settings.
Further information and the applicable Google privacy policy can be found at https://policies.google.com/privacy and at https://marketingplatform.google.com/about/analytics/terms/de/. Google Analytics is explained in more detail under this link https://marketingplatform.google.com/about/.
16. Legal basis of the processing
Article 6 I lit. a GDPR serves as the legal basis for our company for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Article 6 I lit. b GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in the case of enquiries about our products or services. If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data might become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, sentence 2 of the GDPR).
17. Legitimate interests in the processing pursued by the controller or a third party
Where the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business for the benefit of the welfare of all our employees and our shareholders.
18. Duration for which the personal data are stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of the contract.
19. Legal or contractual requirements to provide the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the personal data
We would like to inform you that the provision of personal data is sometimes required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences of not providing the personal data would be.
20. Existence of automated decision making
As a responsible company, we do not use automatic decision-making or profiling.