Data Privacy Protection

English translation for convenience — the German version prevails in case of dispute | Wechseln zur Version in deutscher Sprache

Privacy Policy

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Kronseder & Reiner GmbH. The use of the Internet pages of the Kronseder & Reiner GmbH is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from 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 General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Kronseder & Reiner GmbH. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, the Kronseder & Reiner GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

1. Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

Kronseder & Reiner GmbH

Keltenweg 7

82008 Unterhaching

Deutschland

Phone: +49 (89) 66 59 43 22

E-Mail (general): info@smartics.de

E-Mail (data protection): privacy@smartics.de

E-Mail (security): security@smartics.de

E-Mail (sales): sales@smartics.de

Website: www.smartics.eu

2. Collection of general data and information

The website of the Kronseder & Reiner GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, the Kronseder & Reiner GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Kronseder & Reiner GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

3. Contact possibility via the website

The website of the Kronseder & Reiner GmbH contains information that enables 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 via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

4. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

Backup retention and 90-day blocking period. For technical reasons — in particular to preserve disaster-recovery capability and the integrity of our backup systems — personal data remain in our immutable security backups for up to 90 days after deletion from the active systems. During that period the data are blocked within the meaning of Art. 18 GDPR; they are used solely in the event of recovery. After 90 days they are permanently overwritten by backup rotation. Should a restore be necessary within this window, all erasure requests received in the meantime are re-applied before the affected system is brought back into operation.

5. Rights of the data subject

• a) Right of confirmation

  Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact an employee of the controller.

• b) Right of access

  Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
  • the existence of the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the data subject, any available information as to their source;
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

  Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

  If a data subject wishes to avail himself of this right of access, he or she may at any time contact an employee of the controller.

• c) Right to rectification

  Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

  If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact an employee of the controller.

• d) Right to erasure (Right to be forgotten)

  Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
  • The personal data have been unlawfully processed.
  • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

  If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Kronseder & Reiner GmbH, he or she may at any time contact an employee of the controller. Any employee shall promptly ensure that the erasure request is complied with immediately.

  Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employee of the Kronseder & Reiner GmbH will arrange the necessary measures in individual cases.

• e) Right of restriction of processing

  Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
  • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

  If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Kronseder & Reiner GmbH, he or she may at any time contact an employee of the controller. Any employee of the Kronseder & Reiner GmbH will arrange the restriction of the processing.

• f) Right to data portability

  Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as 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 the controller.

  Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

  In order to assert the right to data portability, the data subject may at any time contact any employee of the Kronseder & Reiner GmbH.

• g) Right to object

  Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

  The Kronseder & Reiner 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 establishment, exercise or defence of legal claims.

  If the Kronseder & Reiner GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Kronseder & Reiner GmbH to the processing for direct marketing purposes, the Kronseder & Reiner 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 by the Kronseder & Reiner GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

  In order to exercise the right to object, the data subject may directly contact an employee of the Kronseder & Reiner GmbH. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

• h) Automated individual decision-making, including profiling

  Each data subject shall have the right granted by the European legislator 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, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on 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 a data controller, or (2) it is based on the data subject's explicit consent, the Kronseder & Reiner GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

  If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact an employee of the controller.

• i) Right to withdraw data protection consent

  Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

  If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact an employee of the controller.

6. Using cloud services provided by Atlassian

Kronseder & Reiner GmbH uses services on the Atlassian cloud platform (Atlassian Pty Ltd, 350 Bush Street, San Francisco, CA 94104, USA; represented in the EU by Atlassian B.V., Hoogoorddreef 5, 1101 BA Amsterdam, Netherlands).

Where personal data are transferred to the United States, the transfer is based on the EU-U.S. Data Privacy Framework (DPF) – Atlassian is certified under the DPF – in combination with Standard Contractual Clauses of the European Commission pursuant to Art. 46(2)(c) GDPR and supplementary technical and organisational measures.

Further information:

• Atlassian Privacy Policy: https://www.atlassian.com/legal/privacy-policy
• Atlassian GDPR information: https://www.atlassian.com/trust/privacy/gdpr
• Atlassian Trust Center: https://www.atlassian.com/trust

7. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for 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 party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

8. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

9. Period for which the personal data will be stored

We store personal data only for as long as necessary for the respective purpose of processing. Specific retention periods are based on the processing purpose and applicable statutory retention requirements:

• Contract and customer contact data (name, address, e-mail, billing data) — until the end of the business relationship plus 10 years pursuant to Section 257(1) Nos. 1 and 4 of the German Commercial Code (HGB) and Section 147 of the German Fiscal Code (AO).
• Invoice and accounting records — 10 years (Section 257 HGB; Section 147 AO).
• Other e-mail correspondence without contractual relation — up to 3 years, in line with the standard limitation period under Sections 195 and 199 of the German Civil Code (BGB), or until the purpose lapses.
• Support requests and service-desk tickets — until the request is resolved, plus 2 years for quality-assurance purposes.
• Administrative contact and licence data from Atlassian Marketplace app installations (Data Center and Cloud/Forge) (see Section 15) — for as long as the installation is active, plus 10 years (Section 257 HGB).
• Records of consents given (e.g. for marketing communication) — until revocation, plus 3 years to evidence lawfulness.

After the respective period has elapsed, data are routinely deleted or anonymised, unless further grounds for processing persist. Only after expiry of these periods and deletion from the active system does the 90-day backup rotation begin, if applicable (§4, §15.5).

10. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact an employee of the Kronseder & Reiner GmbH. Our employee clarifies to the data subject 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 the consequences of non-provision of the personal data.

11. Product Information for Evaluators and Customers

Customers and potential customers who own a licence or trial licence of a product offered by Kronseder & Reiner GmbH may receive product-related information at irregular intervals (e.g. release notes, security advisories, or notices of changes to the scope of service).

For this purpose we process only the e-mail address communicated to us as part of the licence relationship via the Atlassian Marketplace. No further personal data are collected or stored for this purpose.

The legal basis is Art. 6(1)(b) GDPR (performance of a contract) and Art. 6(1)(f) GDPR (legitimate interest in security-relevant product communications). Data are not passed on to third parties for advertising purposes. Retention periods are set out in Section 11.

12. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

13. 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 place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the General Data Protection Regulation (Art. 77 GDPR).

The supervisory authority competent for Kronseder & Reiner GmbH is:

Bavarian State Office for Data Protection Supervision (BayLDA)
Promenade 18
91522 Ansbach, Germany
Phone: +49 (981) 180093-0
E-Mail: poststelle@lda.bayern.de
Website: https://www.lda.bayern.de

14. Data Protection Officer

Kronseder & Reiner GmbH is not obliged to appoint a Data Protection Officer under Section 38(1) of the German Federal Data Protection Act (BDSG): fewer than 20 persons are engaged in the automated processing of personal data; no processing of special categories of personal data within the meaning of Art. 9 GDPR takes place in the core business; and no extensive regular and systematic monitoring is carried out.

For data-protection inquiries please contact: privacy@smartics.de.

15. Data protection for our products and services

Kronseder & Reiner GmbH offers products and services in several categories. Each category has its own characteristics regarding the processing of personal data. The following subsections describe these characteristics on a per-product basis. Cross-cutting processing (log data, contact forms) is described in the respective sections and merely referenced here.

15.1 Website (www.smartics.eu)

Our website www.smartics.eu provides information about our products and services and hosts product documentation.

Details of the data processing on the website:

• Cookies: our website does not set any cookies.
• General log data (IP address, user agent, request time) — see Section 2.
• Contact forms and service desk — see Section 3.

The website is hosted on infrastructure located within the European Union.

15.2 E-mail services

Our business e-mail communication (including info@smartics.de, privacy@smartics.de, security@smartics.de, sales@smartics.de) is hosted on e-mail servers of IONOS SE (Elgendorfer Straße 57, 56410 Montabaur, Germany).

IONOS SE processes incoming and outgoing messages, including associated header and metadata, on our behalf as a processor pursuant to Art. 28 GDPR. Processing takes place on servers located within the Federal Republic of Germany. A corresponding data-processing agreement (DPA) is in place.

Legal basis: Art. 6(1)(b) GDPR (performance of a contract, customer communication) and Art. 6(1)(f) GDPR (legitimate interest in orderly business communication). Retention periods: see Section 11.

Additional IONOS data-protection information: https://www.ionos.com/terms-gtc/privacy-policy/.

15.3 Atlassian Data Center apps for Confluence and Jira

Through the Atlassian Marketplace we distribute apps for Atlassian Confluence Data Center and Atlassian Confluence Server (e.g. projectdoc Toolbox and userScripts for Confluence). These apps are installed and operated by the customer on the customer’s own Atlassian infrastructure.

We have no technical access to data processed within the customer’s Confluence or Jira installation. The customer is the sole controller for their Confluence/Jira environment and for the personal data processed therein under the GDPR; we are neither controller nor processor for such data.

Data we receive:

• Licence and contact information — under the Atlassian Marketplace Partner Agreement we receive from Atlassian the organisation name, licence tier, licence expiry date and the technical contact of the customer installation. We use this data to communicate security updates, licence renewals, and release information.
• Support requests — when our service desk is used, we process the data voluntarily provided by the customer (see Section 3).

Legal basis: Art. 6(1)(b) GDPR (performance of the licence contract) and Art. 6(1)(f) GDPR (legitimate interest in security communication). Retention: for as long as the licence is active, plus 10 years pursuant to Section 257 HGB.

15.4 Atlassian Forge apps for Confluence Cloud

Through the Atlassian Marketplace we distribute apps for Atlassian Confluence Cloud as so-called Forge-native apps. Starting with smartics Definition List for Confluence; further apps of the smartics range (including smartics-Toolbox for Confluence) are in preparation. These apps run entirely within the Atlassian cloud sandbox and are not executed on our infrastructure.

Data categories and legal bases:

• Administrative contact data (e-mail address of the installing person, organisation name, tenant URL): we receive these from Atlassian under the Marketplace Partner Agreement and use them to communicate security updates and release information. Legal basis: Art. 6(1)(b) GDPR (performance of a contract) and Art. 6(1)(f) GDPR (legitimate interest in security communication).
• No processing of end-user data: the apps have no network-egress permissions (no fetch.backend, fetch.frontend, or external permissions in the Forge manifest) and do not use own storage (no Forge Hosted Storage, no external databases). Content entered by end users within a Confluence instance is rendered exclusively on the host page and remains within the Atlassian cloud database under Atlassian’s control. We do not receive, process, or store such data.

Shared responsibility: for data within the customer’s Confluence Cloud instance we are neither controller nor processor. The customer (Confluence tenant administrator) remains the controller for such data; Atlassian is the corresponding processor. Details of the Atlassian Shared Responsibility Model for Forge apps: https://developer.atlassian.com/platform/forge/runtime-reference/.

Incident response and notification duties: please report security-relevant incidents to security@smartics.de. Notifications under Art. 33 GDPR are submitted within 72 hours to the competent supervisory authority (BayLDA) and, where required under Art. 34 GDPR, without undue delay to affected customers.

15.5 Backup storage for recoverability

To ensure business continuity and recoverability after incidents or data loss (Art. 32 (1) (b) and (c) GDPR), we create encrypted backup copies of the systems we operate. These backup copies are stored on an object-storage service provided by Hetzner Online GmbH (Industriestr. 25, 91710 Gunzenhausen, Germany). Hetzner processes the data on our behalf as a processor within the meaning of Art. 28 GDPR. A corresponding data processing agreement is in place.

Backups are encrypted locally with a key known only to us before being transmitted to Hetzner. Hetzner only sees encrypted data and cannot decrypt the contents. The storage location is within the European Union.

The backups are configured as immutable with a retention period of up to 90 days. Erasure requests received under Art. 17 GDPR are executed in the active systems without undue delay; the data nevertheless remain in the backups, blocked within the meaning of Art. 18 GDPR, for up to 90 days and are then permanently overwritten by backup rotation. See Section 4 for details.

Legal basis: Art. 6 (1) (f) GDPR (legitimate interest in IT security, resilience and business continuity). The backup data are not used for productive processing purposes; in the event of a recovery, the legal basis of the restored processing applies.

Further data protection information from Hetzner: https://www.hetzner.com/legal/privacy-policy/.