Data Privacy Policy

(Last updated: March 2021)
Thank you for visiting our website and for your interest in our company.
The protection of your personal data is a matter of great importance to us. Below we inform you according to art. 12, 13 and 21 of the General Data Protection Regulation (GDPR) about the handling of your personal data when visiting our website www.hms-dev.com.
Personal data are individual details about personal or factual circumstances of a specific or identifiable natural person. This includes information such as the civil name, address, tele-phone number and date of birth.

I. Responsible Body

Responsible Body according to GDPR

HMS GmbH
Universitätsring 6
06108 Halle (Saale)
Telefon: +49 345 678 789 0
E-Mail: info@hms-dev.de

II. Data Protection Officer

Contact details of our data protection officer:

HMS GmbH
– Data Protection Officer –
Universitätsring 6
06108 Halle (Saale)
E-Mail: dataprotection@hms-dev.com

III. Purposes and Legal Basis of the Data Processing

1. Informational Use of the Website

You can visit our website without providing any personal information. If you use our website for informational purposes only, i.e. do not provide us with information about yourself, we do not collect any personal data, with the exception of the data that your browser transmits to enable you to visit the website as well as information that is transmitted to us through cookies used for statistical analysis of the use of our website.

a. Technical Provision of the Website

For the purpose of the technical provision of the website, it is necessary that we process certain automatically transmitted information about you so that your browser can display our website and you can use the website. This information is automatically collected for each visit of our website and stored in our server log files. This information refers to the computer system of the requesting computer. The following information is collected thereby:

  • IP-adress
  • Browser type/-version (e.g.: Firefox 59.0.2 (64 Bit));
  • Browser language (e.g.: German);
  • Operating system (e.g.: Windows 10);
  • Internal resolution of the browser window;
  • Screen resolution;
  • Javascript activation;
  • Java on/off;
  • Cookies on/off;
  • Color depth;
  • Time of access.

Furthermore, we use cookies to make our website available to you for use. Cookies are text files that are stored in the internet browser or by the internet browser when you visit a website on your computer system. A cookie contains a characteristic string of characters that enables a unique identification of the browser when the website is called up again. We use these cookies exclusively to provide you with our website and its technical functions. Some functions of our website may not be offered without the use of cookies. The following information is stored in the cookies and transferred to us:

  • Session ID

Your information, collected by us through the aforementioned cookies, will not be used by us to create user profiles or to evaluate your browsing behavior.

We process your personal data for the technical provision of our website on the following legal basis:

  • for the fulfillment of a contract or for the implementation of pre-contractual measures pursuant to Art. 6 para. 1 letter b GDPR, provided you visit our website to obtain information about our products and our events; and
  • to protect our legitimate interests pursuant to Art. 6 para. 1 letter f GDPR in order to make the website technically available to you. Our legitimate interest is to provide you with an attractive, technically functioning and user-friendly website and to take measures to protect our website from cyber risks and to prevent cyber risks for third parties from arising from our website.

b. Statistical Analysis of Website Usage and Range Increase

For the purpose of statistical analysis of the use of our website, we use Google Analytics and thus cookies, which enable an analysis of your browsing behavior. This enables us to improve the quality of our website and its content. We learn how the website is used and can thus continuously optimize our offer.

The information obtained in the context of the statistical analysis of our website will not be merged with your other data collected in the context of the website.

We process your personal data for statistical analysis of the use of our website on the following legal basis:

  • your consent pursuant to art. 6 para. 1 letter a GDPR.

Google Analytics

On our website we use Google Analytics, a web analysis service of Google Inc. Google Analytics uses so called “cookies”: text files placed on your computer, enabling an analysis of the use of the website by you. The information generated by the cookie about your use of our website is usually transferred to a Google server in the USA and stored there. However, if IP anonymization is activated on our website, Google will shorten your IP address within Member States of the European Union or in other contracting states of the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On our behalf, Google will use this information to evaluate your use of the website, to compile reports on website activities and to provide the website operator with other services relating to website and internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data.

On our website we use Google Analytics with the extension “_anonymizeIp()”. This arranges for IP addresses to be further processed in abridged form, a direct relation to a person can be ruled out.

We use Google Analytics exclusively with your consent. You can withdraw your consent by

  • selecting the appropriate settings on your browser, however please note that in this case you may not be able to use the full scope of functions on our website.
  • you can prevent the collection of data generated by the cookie and relating to your use of our website (including your IP address) and the transmission to Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en

As an alternative to the browser plugin, you can click the link below to prevent Google Analytics from collecting data about our website in the future. An opt-out cookie is stored on your device. If you delete your cookies, you must click the link again. Click here to opt-out of Google Analytics.

For more information on Google Analytics’ Terms of Use and Privacy Policy, please visit https://www.google.com/analytics/terms/de.html or https://www.google.de/intl/de/policies/

Google Ads

We use “Google Ads” (formerly Google AdWords) on our website, a service provided by Google Ireland Limited, Google Building Gordon House, Barrow St, Dublin 4, Ireland (hereinafter referred to as “Google”). Google Ads enables us to draw attention to our attractive offers with the help of advertising media on external websites. This enables us to determine how successful individual advertising measures are. These advertising media are delivered by Google via so-called “AdServers”. For this purpose, we use so-called AdServer cookies, which can be used to measure certain parameters for measuring success, such as display of the ads or clicks by users. If you access our website via a Google ad, Google Ads will store a cookie on your PC. These cookies usually lose their validity after 30 days. They are not intended to identify you personally. The following information is usually stored as analysis values for this cookie: unique cookie ID, number of ad impressions per placement (frequency), last impression (relevant for post-view conversions), opt-out information (marking that the user no longer wishes to be addressed). These cookies enable Google to recognize your web browser. If a user visits certain pages of an Ads customer’s website and the cookie stored on their computer has not yet expired, Google and the customer can recognize that the user clicked on the ad and was redirected to that page. A different cookie is assigned to each Ads customer. Cookies can therefore not be tracked across Ads customers’ websites. We ourselves do not collect or process any personal data in the aforementioned advertising measures. We only receive statistical evaluations from Google. Based on these evaluations, we can see which of the advertising measures used are particularly effective. We do not receive any further data from the use of the advertising tools; in particular, we cannot identify users on the basis of this information. Due to the marketing tools used, your browser automatically establishes a direct connection with Google’s server. We have no influence on the scope and further use of the data collected by Google through the use of Google Ads. According to our knowledge, Google receives the information that you have called up the relevant part of our website or clicked on an ad from us. If you have a user account with Google and are registered, Google can assign the visit to your user account. Even if you are not registered with Google or have not logged in, there is a possibility that Google learns your IP address and stores it.

We use Google Ads for marketing and optimization purposes, in particular to display ads that are relevant and interesting to you, to improve campaign performance reports and to achieve a fair calculation of advertising costs. This is also our legitimate interest in the processing of the above data by the third-party provider. The legal basis is Art. 6 para. 1 p. 1 lit. f) DSGVO.

You can prevent the installation of cookies by deleting existing cookies and deactivating a storage of cookies in the settings of your web browser. We point out that in this case you may not be able to use all features of our website in full. It is also possible to prevent the storage of cookies by setting your web browser to block cookies from the domain “www.googleadservices.com” (https://www.google.de/settings/ads). We would like to point out that this setting will be deleted when you delete your cookies. In addition, you can deactivate interest-based ads via the link http://optout.aboutads.info. We would like to point out that this setting will also be deleted when you delete your cookies.

Information of the third-party provider: Google Ireland Limited, Google Building Gordon House, Barrow St, Dublin 4, Ireland.

Further information on data use by Google, on setting and objection options, and on data protection can be found on the following Google web pages:

  • Privacy Policy: https://policies.google.com/privacy?hl=de&gl=de
  • Google website statistics: https://services.google.com/sitestats/de.html

Google Remarketing

This website uses the Google Remarketing technology of Google Inc. (“Google”).
For this purpose, cookies are placed on your computer, with the help of which third-party providers, including Google, record which of our websites were visited with your browser. With the help of this information, our advertisements can then be presented to you at a later time on other websites, e.g. as part of Google Search or on websites of the Google network. For more information on data protection at Google and how remarketing works, please refer to the Google privacy policy. You can also deactivate the storage of cookies here through the settings of your browser and/or object to the collection within the scope of Google Remarketing through the Google ad settings.

Google Tag Manager

We use “Google Tag Manager” on our website, a service provided by Google Ireland Limited, Google Building Gordon House, Barrow St, Dublin 4, Ireland (hereinafter referred to as “Google”). Google Tag Manager allows us as marketers to manage website tags through one interface. The Google Tag Manager tool that implements the tags is a cookie-less domain and does not itself collect any personal data. Google Tag Manager takes care of triggering other tags, which in turn may collect data. Google Tag Manager does not access this data. If a deactivation has been made at the domain or cookie level, this remains in place for all tracking tags implemented with Google Tag Manager.

Information of the third-party provider: Google Ireland Limited, Google Building Gordon House, Barrow St, Dublin 4, Ireland.

Further information on data protection can be found on the following Google web pages:

LinkedIn Insight Tag

Our website uses the conversion tool “LinkedIn Insight Tag” from LinkedIn Ireland Unlimited Company. This tool creates a cookie in your web browser, which enables the collection of, among other things, the following data: IP address, device and browser properties, and page events (e.g. page views). This data is encrypted, anonymized within seven days, and the anonymized data is deleted within 90 days. LinkedIn does not share personal data with HMS, but provides anonymized reports on website audience and ad performance. In addition, LinkedIn offers the possibility of retargeting via the Insight Tag. HMS can use this data to display targeted advertising outside of its website without identifying you as a website visitor. For more information on data protection at LinkedIn, please refer to the LinkedIn privacy notices.

LinkedIn members can control the use of their personal data for advertising purposes in their account settings. To deactivate the Insight tag on our website (“opt-out”), click here.

c. Social Links

The website includes links to services such as Facebook, Twitter, LinkedIn and Xing. After clicking on the link you will be redirected to the page of the respective provider, i.e. only then will user information be transferred to the respective provider. For information on the handling of your data when using the websites of other providers, please refer to the respective data privacy policies by these providers.

2. Active Use of the Website

In addition to the merely informational use of our website, you can also actively use our web-site to order one of our products, to register for an event, to register for our newsletter or to contact us. In addition to the above-mentioned processing of your personal data for merely informational purposes, we will also process other personal data that we require from you to process your order or to process and respond to your inquiry.

a. User Requests

In order to process and answer your inquiries to us, e.g. via the contact form or our e-mail address, we process your personal data provided by you in this context. In any case, this includes your name and e-mail address in order to send you an answer, as well as the other information that you send us in the context of your message.

We process your personal data in order to respond to user inquiries on the following legal basis:

  • to protect our legitimate interests pursuant to art. 6 para. 1 lit f GDPR; our legitimate interest is to answer customer inquiries appropriately.

b. If you send us a Job Application

We process your personal data in the context of your application, provided that you make it available to us. The application documents may contain special categories of personal data.

Processing of personal data

The applicant data usually includes the following: First and last name, if applicable your academic degree, date and place of birth, contact details (address, e-mail, telephone and/or mobile phone number), application documents (cover letter, CV, certificates), language skills, abilities. In addition, we process the data that you send us by e-mail as part of establishing contact.

We base our decisions in the application process on the personal data you provide within the framework of legal requirements. We use your professional qualifications, for example, to decide whether we consider you in the narrow selection process or a personal impression in an interview to decide whether we offer you the position for which you have applied.

We process your personal data on the basis of the following legal bases:

  • For the decision on the establishment of an employment relationship, art. 88 para. 1 GDPR in connection with section 26 para. 1 sentence 1 BDSG.

Processing of special categories of personal data

According to Article 9 GDPR, special categories of personal data are personal data which re-veal racial and ethnic origin, political opinion, religious (e.g. information on religion/denomination) or ideological beliefs or trade union membership, as well as the processing of biometric data for clear identification (e.g. photos), health data (e.g. information on the degree of severe disability) or data on sex life or sexual orientation. If your CV contains special categories of personal data, we do not collect them intentionally. We expressly ask you not to send us such data.

If, as part of your application documents, you voluntarily and against our express request, provide us with special categories of personal data pursuant to art. 9 para. 1 GDPR (e.g. your photo or details of your religious affiliation/denomination), we will store these on the basis of your consent pursuant to art. 88 para. 1 GDPR in connection with your application. section 26 para. 3 sentence 2 BDSG. This also applies if you provide us with further special personal data in the course of the application process. By voluntarily submitting this data, you agree to the storage of this special personal data within the application process.

We do not take this special personal data into account when making a selection decision, unless it is required by law to take this special personal data into account. It is possible, for example, in some job advertisements that people with disabilities are given preferential treatment in accordance with the applicable laws. In these cases, the information is always voluntary and is provided with your express consent, which you provide by voluntarily submitting this data.

We process your special personal data on the basis of the following legal bases:

  • pursuant to art. 9 para. 1 GDPR on the basis of your consent pursuant to art. 88 para. 1 GDPR in conjunction with section 26 para. 3 sentence 2 BDSG.

c. Enforcement of Rights

We also process your personal data in order to assert our rights and enforce our legal claims. We also process your personal data in order to be able to defend ourselves against legal claims. Finally, we process your personal data to the extent necessary to defend against or prosecute criminal offences.

We process your data for the above purposes on the following legal basis:

  • to protect our legitimate interests pursuant to art. 6 para 1 letter f GDPR, insofar as we assert legal claims or defend ourselves in legal disputes or we prevent or clarify criminal offences.

d. Newsletters

With your consent we use your data for the transmission of our newsletter. We process mandatory information that you enter when registering for the newsletter, such as your e-mail ad-dress and your name:

If you have given us your consent by double opt-in procedure, pursuant to art. 6 para. 1 letter a GDPR.

IV. Links

Some sections of our web pages contain links to the web pages of third parties. These websites are subject to their own data protection principles. We are not responsible for their operation including the data handling. If you send information to or about such third party sites, you should review the privacy statements of those sites before you submit any information that may assigned to you.

V. Categories of Recipients

Firstly, only our employees will be informed of your personal data. In addition, we share your personal data with other recipients who provide services to us in connection with our website, insofar as this is legally permitted or prescribed. We limit the transfer of your personal data to what is necessary, in particular to be able to complete your order. In some cases, our service providers receive your personal data as contract data processors and are then strictly bound by our instructions when handling your personal data. In some cases, the recipients act independently with your data, which we transmit to them.

Below, we describe the categories of recipients of your personal data:

  • Payment service providers and banks, if applicable, during payment processing,
  • Logistics service providers to be able to deliver the products to you,
  • IT service providers who administrate and host our website,
  • Collection companies and legal advisors in asserting our claims.

VI. Transfer into Third countries

As part of the use of Google tools, we transfer your IP address and your shortened IP address to the USA. The data transfer is based on the EU Commission implementing decision (EU) 2016/1250 of 12 July 2016 pursuant to Directive 95/46/EG of the European Parliament and of the Council on the adequacy of the protection provided by the EU-US data privacy shield. Furthermore, we do not transfer your personal data to countries outside the EU or the EEA or to international organizations.

VII. Duration of Storage

1. Informational Use of the Website

When using our website for information purposes only, we store your personal data on our servers exclusively for the duration of your visit to our website. After you have left our website, your personal data will be deleted immediately.

Cookies installed by us are usually also deleted after leaving our website. However, this does not apply to Google Analytics Cookies. These remain stored for the duration of up to two years. You also have the option to delete installed cookies yourself at any time.

2. Active Use of the Website

If you actively use our website, we initially store your personal data for the duration of responding to your inquiry or for the duration of our business relationship. This also includes the initiation of a contract (pre-contractual legal relationship) and the execution of a contract.

In addition, we will store your personal data until any legal claims arising from the relationship with you become time-barred, in order to use them as evidence if necessary. The limitation period is generally between 12 and 36 months, but can also be up to 30 years.

Upon expiry of the limitation period, we delete your personal data, unless there is a legal obligation to store such data, for example from the German Commercial Code (sec. 238, 257 para. 4 HGB) or from the Tax Code (sec. 147 para. 3, 4 AO). These retention obligations can last from two to ten years.
If you apply for a job with us, we store your application data for the duration of the application procedure. If we do not make you an offer, we will delete your data two months after you have received our negative decision. If we hire you, we will keep your application data for your employment.

VIII. Your Rights as Data Subject

Under the legal provisions you are entitled to the following rights as data subject, which you can assert against us:

Right to information: You are entitled to request confirmation from us at any time within the scope of art. 15 GDPR as to whether we are processing personal data relating to you; If this is the case, you are also entitled under art. 15 GDPR to receive information about such personal data as well as other specific information (inter alia, processing purposes, categories of personal data, categories of recipients, planned storage period, the origin of the data, the use of automated decision-making and, in the case of transfers to third countries, the appropriate guarantees) and a copy of the data.

Right to correction: According to art. 16 GDPR, you are entitled to demand correction of the personal data stored about you if it is inaccurate or incorrect.

Right to deletion: You are entitled, under the conditions of art. 17 GDPR, to request from us the deletion of personal data relating to you without delay. Among other things, there is no right of deletion if the processing of personal data is necessary for (i) the exercise of the right to freedom of expression and information, (ii) the fulfillment of a legal obligation to which we are subject (e.g. statutory retention obligations) or (iii) the assertion, exercise or defense of legal claims.

Right to limitation of processing: Under the conditions of art. 18 GDPR you are entitled to request from us the limitation of the processing of your personal data.

Right to data transferability: You are entitled, under the conditions of art. 20 GDPR, to re-quest from us the provision to you of the personal data relating to you that you have submitted to us in a structured, current and machine-readable format.

Right of revocation: You have the right to revoke your consent to the processing of personal data at any time with effect for the future without incurring any costs other than the transmission costs according to the basic rates.

Right to objection: You are entitled to object to the processing of your personal data under the conditions of art. 21 GDPR, meaning that we have to terminate the processing of your personal data. The right of objection exists only within the limits provided for in art. 21 GDPR. In addition, our interests may prevent the processing from being terminated, so that we are entitled to process your personal data despite your objection.

Right of appeal to a supervisory authority: You are entitled to file a complaint with a supervisory authority, in particular in the Member State of your place of residence, work or suspected infringement, under the conditions laid down in Article 77 GDPR, if you believe that the processing of personal data concerning you infringes the GDPR. The right of appeal is not prejudicial to any other administrative or judicial remedy.

The supervisory authority responsible for us is:

Landesbeauftragter für den Datenschutz Sachsen-Anhalt
Leiterstraße 9
39104 Magdeburg
Germany
Phone: 0391 81803-0
Fax: 0391 81803-33
Email: poststelle@lfd.sachsen-anhalt.de

However, we recommend that you always address a complaint to our data protection officer first. If possible, your applications for the execution of your rights should be addressed in writing to the above address or directly to our data protection officer.

IX. Scope of your Obligations to provide Data

Generally, you are not obliged to provide us with your personal data. However, if you do not provide this information, we will not be able to make our website available to you, answer your questions and enter into a contract with you. Personal data which we do not necessarily re-quire for the above-mentioned processing purposes are marked as voluntary information by a “if applicable” or another symbol.

X. Automated Decision Making/ Profiling

We do not use automated decision making or profiling (an automated analysis of your person-al circumstances). Information about your right of objection art. 21 GDPR.

You have the right to object at any time to the processing of your data on the basis of art. 6 para. 1 f GDPR (data processing on the basis of a balance of interests) or art. 6 para. 1 e GDPR (data processing in the public interest), if there are reasons for this arising from your particular situation. This also applies to profiling based on this provision within the meaning of art. 4 No. 4 GDPR.

If you object, we will no longer process your personal data, unless we can prove compelling and applicable reasons for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

The objection can be made without formality and should be addressed to:

HMS GmbH
Universitätsring 6
06108 Halle (Saale)
Phone: +49 345 678 789 0
E-Mail: info@hms-dev.de

XI. Amendments

We reserve the right to change this privacy policy at any time. Any changes will be announced by publishing the amended privacy policy on our website. Unless otherwise specified, such amendments shall take immediate effect. Please check this privacy policy regularly to ensure you have the latest version.