Introduction

With the following information, we would like to provide you with an overview of the processing of your personal data on our website https://www.5fsoftware.de/ (hereinafter referred to as the “Website”). We also wish to inform you about your rights under data protection laws. We always process your personal data in accordance with the General Data Protection Regulation (hereinafter “GDPR”) and all applicable country-specific data protection provisions.

1. Controller

The controller within the meaning of the GDPR is:

5FSoftware GmbH

Rudolf-Vogt-Straße 21

93053 Regensburg

Phone: +49 941 204 903 0

Email: info@5fsoftware.de

2. Data Protection Officer

You can contact our data protection officer(s) as follows:

Niklas Hanitsch

secjur GmbH

Falkensteiner Ufer 40

22587 Hamburg

Phone: +49 40/80 90 81 146

Email: dsb@secjur.com

You may contact our data protection officer(s) at any time with any questions or suggestions regarding data protection and/or to exercise your rights.

3. Use of Third-Party Services

For certain functions and services on our Website, we use services provided by third parties. The specific services are described in the respective sections.

In some cases, we use service providers that are based in a third country, i.e., outside the EU. We only transfer data to a third country where an adequate level of data protection or appropriate safeguards within the meaning of Articles 44–49 GDPR exist. You have the right to request a copy of the appropriate safeguards implemented by us. To do so, please email us at the email address stated in this privacy notice.

4. Provision of the Website

4.1 General information

When you visit our Website, data that your browser transmits to our server is processed automatically. This general data and information is stored in the server log files (“server log files”). The following may be recorded:

• IP address

• Date and time of the request

• Time zone difference to Greenwich Mean Time (GMT)

• Content of the request (specific page)

• Access status / HTTP status code

• Amount of data transferred in each case

• Website from which the request originates

• Browser type and browser version

• Operating system used and its interface

• Language and version of the browser

4.2 Purpose of processing

We do not draw any conclusions about your identity from the use of this general data and information. In particular, we pursue the following purposes:

• ensuring a smooth connection setup for the Website,

• investigating misuse or fraudulent activities,

• network problem analysis, and

• evaluating system security and stability.

4.3 Legal basis

The legal basis for the processing is our legitimate interest within the meaning of Article 6(1) sentence 1 lit. f GDPR. We have an overriding legitimate interest in being able to provide our services in a technically correct manner.

4.4 Storage period

For security reasons (e.g., to investigate misuse or fraud), the log files are stored for a maximum period of 14 days and then deleted. Data that must be retained for evidentiary purposes will be kept until the matter has been finally clarified.

4.5 Recipients of personal data

We use the following service providers:

Provider: Borlabs GmbH

Address: Rübenkamp 32, 22305 Hamburg, Germany

Third country: No third-country transfer takes place.

Appropriate safeguard: Not required due to no third-country transfer.

Further information: General information

Provider: HostEurope

Address: Hansestraße 111, 51149 Cologne, Germany

Third country: USA

Appropriate safeguard: Standard Contractual Clauses

Further information: Privacy policy

5. Cookies

5.1 General information

We use cookies on our Website. Cookies are text files that your browser automatically creates and that are stored on your device when you visit our site. The cookie stores information that results in each case in connection with the specific device used.

5.2 Technically essential cookies

We use technically necessary cookies. These are cookies that are technically required in order to provide all functions of our Website.

5.2.1 Purpose of processing

We use technically necessary cookies for the following purposes, in order to:

• provide services,

• enable the use of our Website functions, and

• offer different languages.

5.2.2 Legal basis

The legal basis for the processing is our legitimate interest within the meaning of Article 6(1) sentence 1 lit. f GDPR. We have an overriding legitimate interest in being able to provide our services in a technically correct manner.

5.2.3 Reference to the cookie policy

For further information about all technically essential cookies that we use on our Website, please refer to our cookie privacy settings. You can access these via the corresponding button.

5.3 Analytics and marketing cookies

We also use analytics and marketing cookies. These are cookies that are not technically necessary. We use them to understand your behavior on our Website and to improve our offering.

5.3.1 Purpose of processing

We use analytics and marketing cookies for the following purposes:

• reach measurement and tracking,

• analysis of visitor behavior,

• optimization of our offering, and

• targeted advertising.

5.3.2 Legal basis

The legal basis for the processing is your consent pursuant to Article 6(1) sentence 1 lit. a GDPR. Cookies are only set after you have given your consent via our cookie banner.

5.3.3 Reference to the cookie policy

For further information about all analytics and marketing cookies that we use on our Website, please refer to our cookie privacy settings. You can access these via the corresponding button.

5.4 Analytics tools on the Website

We use analytics tools on our Website to evaluate the use of our Website and to improve it on a regular basis.

5.4.1 Purpose of processing

We use analytics tools for the following purposes:

• reach measurement and tracking,

• analysis of visitor behavior,

• optimization of our offering, and

• targeted advertising.

5.4.2 Legal basis

The legal basis for the processing is your consent pursuant to Article 6(1) sentence 1 lit. a GDPR. The analytics tools are only used after you have given your consent via our cookie banner.

6. Use of the 5FSoftware Collaboration Platform

Via our Website, you have the possibility to use our 5FSoftware Collaboration Platform. Further information on using the 5FSoftware Collaboration Platform can be found here.

7. Contact options

7.1 General information

Via our Website, you can contact us by email.

As part of contacting us and responding to your inquiry, we process the following personal data:

• Name

• Email address

• Date and time of the inquiry

• IP address

• Other personal data that you provide to us as part of the contact.

7.2 Purpose of processing

We process your data in order to respond to your inquiry and any other matters resulting from it.

7.3 Legal basis

If your inquiry is related to pre-contractual measures or an existing contract with us, the legal basis is contract performance and the implementation of pre-contractual measures pursuant to Article 6(1) sentence 1 lit. b GDPR.

If your inquiry is independent of contractual or pre-contractual measures, our overriding legitimate interests pursuant to Article 6(1) sentence 1 lit. f GDPR constitute the legal basis. The overriding legitimate interest corresponds to the purposes stated above.

7.4 Storage period

We delete your personal data as soon as it is no longer necessary to achieve the purpose for which it was collected. In the case of contact inquiries, this is generally the case when the circumstances indicate that the matter in question has been conclusively processed.

8. Newsletter

8.1 General information

We offer you the opportunity to receive our company newsletter. With our newsletter, we regularly inform customers and business partners about our offerings.

In connection with sending the newsletter, we process the following personal data:

• Email address

• First and last name

• Organization

• Preferred language

• Metadata (e.g., device information, IP address, date and time of registration)

8.1.1 Newsletter registration

If you register for the newsletter via our Website, we will send a confirmation email to the email address you initially provided for newsletter delivery using the double opt-in procedure. This confirmation email serves to verify that you, as the owner of the email address, have authorized receipt of the newsletter. The newsletter registration is logged.

8.1.2 Newsletter delivery to existing customers

If you provided us with your email address when purchasing goods or services, we reserve the right to regularly send you offers by email for similar goods or services from our range, comparable to those already purchased. For this, we do not need to obtain separate consent from you pursuant to Section 7(3) UWG.

8.1.3 Newsletter tracking

Our newsletters contain so-called tracking pixels. These are miniature graphics embedded in emails. This allows us, for example, to track whether and when an email was opened by you and which links contained in the email were accessed by you. This enables us to statistically evaluate the success or failure of online marketing campaigns. The personal data collected via the tracking pixels is stored and evaluated by us in order to optimize newsletter delivery and to tailor the content of future newsletters even better to your interests.

8.2 Purpose of processing

We process your personal data for the following purposes:

• Newsletter delivery: carrying out marketing measures.

• Double opt-in procedure: fulfilling our statutory obligations to provide evidence.

• Newsletter tracking: displaying personalized advertising, market research, measuring success.

8.3 Legal basis

The legal basis for processing your personal data in connection with:

• the newsletter subscription is your consent pursuant to Article 6(1) sentence 1 lit. a GDPR,

• the double opt-in procedure is our legal obligation pursuant to Article 6(1) sentence 1 lit. c GDPR,

• the newsletter delivery to existing customers is our overriding legitimate interest pursuant to Article 6(1) sentence 1 lit. f GDPR, and

• newsletter tracking is your consent pursuant to Article 6(1) sentence 1 lit. a GDPR.

8.4 Storage period

We delete your personal data as soon as it is no longer necessary to achieve the purpose for which it was collected. In the context of newsletter delivery, this is generally the case when you withdraw your consent or object to the processing.

Each newsletter therefore contains a corresponding opt-out link. In addition, you can unsubscribe from the newsletter at any time via our Website or by notifying us in another way. We automatically interpret unsubscribing from the newsletter as a withdrawal of consent.

8.5 Recipients of personal data

We use the following service provider:

Provider: rapidmail GmbH

Address: Wentzingerstraße 21, 79106 Freiburg im Breisgau, Germany

Third country: No third-country transfer takes place.

Appropriate safeguard: Not required due to no third-country transfer.

Further information: Privacy policy

9. Job applications

9.1 General information

We offer you the opportunity to apply for job openings and to send us your application online or by post.

As part of the application process, we process the following personal data:

• Master data (e.g., first and last name, address),

• Contact data (e.g., email address, phone number),

• Application data (e.g., cover letter, CV, certificates, and other evidence).

9.2 Purpose of processing

The purpose of processing is to carry out the application process.

9.3 Legal basis

The legal basis for processing personal data is contract performance and the implementation of pre-contractual measures pursuant to Article 6(1) sentence 1 lit. b GDPR, Article 88(1) GDPR in conjunction with Section 26(1) of the German Federal Data Protection Act (BDSG). If we obtain your consent (e.g., for inclusion in our applicant pool), such consent constitutes the legal basis for data processing pursuant to Article 6(1) sentence 1 lit. a GDPR.

9.4 Storage period

If, following completion of the application process, an employment relationship is established, the personal data provided may be further processed as necessary. Otherwise, we generally retain the data for six months after completion of the application process. We then delete all personal data. Longer storage is possible if we include the personal data in our applicant pool after obtaining your consent.

10. Social networks

10.1 General information

We maintain presences on social networks in order to communicate with you and to provide information about our services. Please note that your data may be processed outside the European Union and/or the European Economic Area. In particular, there is a risk that supervisory authorities may access your personal data. In addition, enforcing your data subject rights may be more difficult.

When using social media, the following user data is generally processed: master data (e.g., first and last name, address, age, gender), content data (e.g., texts, photographs, videos), usage data (e.g., visits to websites, interests), metadata (e.g., device information, IP address).

Such user data is often processed by providers of social networks for advertising purposes or to analyze user behavior, without us being able to influence this. In addition, providers often create usage profiles, on the basis of which user-based advertising can then be displayed within and outside the social network. Cookies are frequently used for this purpose, or usage behavior is directly assigned to your own member profile on the social networks (provided you are logged in). We also use the user data to communicate with you via the social medium and to provide you with information. As we have no access to the data holdings of the respective providers, we point out that you can best exercise your rights directly with the respective provider. If you need assistance, you are welcome to contact us. Further information on the processing of your data in social networks and the option to exercise your right to object or withdraw consent (opt-out) is provided below.

10.2 Purpose of processing

The purpose of processing is to maintain presences on social media.

10.3 Legal basis

The legal basis for processing your personal data in connection with:

• the use of professional networks (LinkedIn, Xing) is our overriding legitimate interest pursuant to Article 6(1) sentence 1 lit. f GDPR. The overriding legitimate interest corresponds to the purposes stated above.

• the use of other social networks is your consent pursuant to Article 6(1) sentence 1 lit. a GDPR.

10.4 Recipients of personal data

We maintain presences on the following social media:

Provider: LinkedIn, LinkedIn Ireland Unlimited Company

Address: Wilton Place, Dublin 2, Ireland

Third country: USA

Appropriate safeguard: Standard Contractual Clauses

Further information: Privacy notice, opt-out and ad settings, joint controllership agreement

Provider: Twitter, Twitter International Company

Address: One Cumberland Place, Fenian Street, Dublin 2, Ireland

Third country: USA

Appropriate safeguard: Standard Contractual Clauses

Further information: Privacy notice, objection settings

Provider: Facebook, Meta Platforms Ireland Limited

Address: 4 Grand Canal Square, Dublin 2, Ireland

Third country: USA

Appropriate safeguard: Standard Contractual Clauses

Further information: Privacy notice, objection settings, joint controllership agreement

Provider: Instagram, Meta Platforms Ireland Limited

Address: 4 Grand Canal Square, Dublin 2, Ireland

Third country: USA

Appropriate safeguard: Standard Contractual Clauses

Further information: Privacy notice, objection settings

Provider: Xing, New Work SE

Address: Am Strandkai 1, 20457 Hamburg, Germany

Third country: USA

Appropriate safeguard: Standard Contractual Clauses

Further information: Privacy notice, objection settings

Provider: YouTube, Google Ireland Limited

Address: Gordon House, Barrow Street, Dublin 4, Ireland

Third country: USA

Appropriate safeguard: Standard Contractual Clauses

Further information: Privacy notice

11. Your rights

11.1 Right to confirmation

You have the right to request confirmation from us as to whether personal data concerning you is being processed.

11.2 Access (Article 15 GDPR)

You have the right to obtain, at any time and free of charge, information about the personal data stored about you, as well as a copy of this data, in accordance with the statutory provisions.

11.3 Rectification (Article 16 GDPR)

You have the right to request the rectification of inaccurate personal data concerning you. In addition, taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data.

11.4 Erasure (Article 17 GDPR)

You have the right to request that personal data concerning you be erased without undue delay if one of the legally provided reasons applies and insofar as processing and/or storage is not necessary.

11.5 Restriction of processing (Article 18 GDPR)

You have the right to request restriction of processing from us if one of the legal requirements is met.

11.6 Data portability (Article 20 GDPR)

You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used, and machine-readable format. You also have the right to transmit this data to another controller without hindrance from us, to whom the personal data has been provided, provided that the processing is based on consent pursuant to Article 6(1) sentence 1 lit. a GDPR or Article 9(2) lit. a GDPR, or on a contract pursuant to Article 6(1) sentence 1 lit. b GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

In addition, when exercising your right to data portability pursuant to Article 20(1) GDPR, you have the right to obtain that the personal data is transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.

11.7 Objection (Article 21 GDPR)

You have the right, on grounds relating to your particular situation, to object at any time to the processing of personal data concerning you that is carried out on the basis of processing in the public interest pursuant to Article 6(1) sentence 1 lit. e GDPR or on the basis of our legitimate interest pursuant to Article 6(1) sentence 1 lit. f GDPR.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing serves the establishment, exercise, or defense of legal claims.

11.8 Withdrawal of consent under data protection law

You have the right to withdraw your consent to the processing of personal data at any time with effect for the future.

11.9 Complaint to a supervisory authority

You have the right to lodge a complaint with a supervisory authority responsible for data protection regarding our processing of personal data.

12. Currency and amendments to this privacy notice

This privacy notice is currently valid and has the following status: September 2024.

If we further develop our Website and our offerings, or if legal or regulatory requirements change, it may be necessary to amend this privacy notice. You can access the current privacy notice at any time here.