Privacy Statement and information

Privacy Statement

This is the privacy statement of apsware Inc. and apsware GmbH, further referenced as “apsware”, “we”, “our”, or “us”.

apsware´s full company details are available under https://www.apsware.com/imprint/

Please also visit our Terms of Use section establishing the use, disclaimers and limitations of liability governing the use of our website at https://www.apsware.com/terms-of-use/

By Using our website, you consent to our privacy statement and our Terms of use.

If you have any question regarding our privacy statement, requests, comments or complains, please email us at [email protected].

Introduction

  • This is a statement to inform you of our policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this statement, “process” means collect, store, transfer, use or otherwise act on information.
  • We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our website immediately.
  • We take the protection of your privacy and confidentiality seriously. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party.
  • We undertake to preserve the confidentiality of all information you provide to us and hope that you reciprocate.
  • Our policy complies with the laws of the United States of America and the Federal Republic of Germany, including the EU General Data Protection Regulation (GDPR).
  • The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data. We do this now, by requesting that you read the information provided at www.knowyourprivacyrights.org
  • Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.

The bases on which we process information about you

The law requires us to determine under which defined bases we process different categories of your personal information, and to notify you of the basis for each category. If a basis on which we process your personal information is no longer relevant, then we shall, if legally allowed, immediately stop processing your data. If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.
1. Information we process because  we have a contractual obligation with you
When you request information, create a download account on our website, buy a product or service from us, request access to our customer support portal or otherwise agree to our terms and conditions, a contract is formed between you and us. In order to carry out our obligations under that contract, we must process the information you give us. Some of this information may be personal information. We may use it in order to:
  • verify your identity for security purposes
  • sell products to you
  • provide you with our services
  • provide you with suggestions and advice on products, services and how to obtain the most from using our website
We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract. Additionally, we may aggregate this information in a general way and use it to provide class information, for example, to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable. We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

2. Information we process with your consent
Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including job opportunities and our products and services, you provide your consent to us to process information that may be personal information.

Wherever possible, we aim to obtain your explicit consent to process this information.

Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply.

Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our website.

If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected business partners whom we consider may provide services or products you would find useful.

We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.

You may withdraw your consent at any time by instructing us at [email protected]. However, if you do so, you may not be able to use our website or our services further.

3. Information we process for the purposes of legitimate interests
We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.
Where we process your information on this basis, we do after having given careful consideration to:

  • whether the same objective could be achieved through other means
  • whether processing (or not processing) might cause you harm
  • whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so

For example, we may process your data on this basis for the purposes of:

  • record-keeping for the proper and necessary administration of our business
  • responding to unsolicited communication from you to which we believe you would expect a response
  • protecting and asserting the legal rights of any party
  • insuring against or obtaining professional advice that is required to manage business risk
  • protecting your interests where we believe we have a duty to do so

4. Information we process because we have a legal obligation
We are subject to the law like everyone else. Sometimes, we must process your information in order to comply with a statutory obligation.

For example, we may be required to give information to legal authorities if they so request or if they have the proper authorization such as a search warrant or court order.

Specific uses of information you provide to us

5. Job application
If you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date.

6. Sending a message to our support team
When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need.

We record your request and our reply in order to increase the efficiency of our business.

We keep personally identifiable information associated with your messages, such as your name, phone number and email address to be able to track our communications with you to provide a high-quality service.

7. Complaining
When we receive a complaint, we record all the information you have given to us.

We use that information to resolve your complaint.

If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.

We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

Use of information we collect through automated systems when you visit our website

8. Personal identifiers from your browsing activity
Requests by your web browser to our servers for web pages and other content on our website are recorded.

We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.
We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.

If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.

9. Leadinfo

We use the lead generation service provided by Leadinfo B.V., Rotterdam, The Netherlands, which recognizes visits of companies to our website based on IP-addresses and shows us related publicly available information, such as company names or addresses. In addition, Leadinfo places two first-party cookies for providing transparency on how our visitors use our website and the tool processes domains from provided form inputs (e.g. “leadinfo.com”) to correlate IP addresses with companies and to enhance its services. For additional information, please visit www.leadinfo.com. On this page: www.leadinfo.com/en/opt-out you have an opt-out option. In the event of an opt-out, your data will no longer be used by Leadinfo”.

10. Cookies
Cookies are small text files that are placed on your computer’s hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalized experience and the website owner with statistics about how you use the website so that it can be improved.Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely. Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use. Our website uses cookies. They are placed by software that operates on our servers, and by software operated by third parties whose services we use.
When you first visit our website, we ask you how you wish us to use cookies. You can choose between necessary cookies and all cookies. Necessary cookies are cookies which are required to operate our web site. All cookies may include non-necessary cookies, as listed below.  If you choose to accept necessary cookies only, we shall not use non-necessary cookies for your visit except to record that you have not consented to their use for any other purpose.

If you prevent the use of cookies through your browser settings, you will not be able to use all the functionality of our website.

Cookie
Description
Type

_li_id.xxxx

A first party cookie to determine if the visitor is a new visitor or a returning visitor

not-necessary

_li_ses.xxxx

A first party cookie to determine which pages were visited during their session

not-necessary

cookielawinfo-checkbox-necessary

This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category “Necessary”.

necessary

cookielawinfo-checkbox-non-necessary

This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category “Non-necessary”.

necessary

NID

This cookie is used to a profile based on user’s interest and display personalized ads to the users.

necessary

PHPSESSID

This cookie is native to PHP applications. The cookie is used to store and identify a users’ unique session ID for the purpose of managing user session on the website. The cookie is a session cookies and is deleted when all the browser windows are closed.

necessary

Disclosure and sharing of your information

11. Information we obtain from third parties
Although we do not disclose your personal information to any third party (except as set out in this statement), we sometimes receive data that is indirectly made up from your personal information from third parties whose services we use.

12. Data may be processed outside the European Union

Our websites are hosted in Germany.

We also use outsourced services in countries outside the European Union in other aspects of our business.

Accordingly, data obtained could be processed outside the European Union.

We use the following safeguards with respect to data transferred outside the European Union:
the data protection clauses in our contracts with data processors include transfer clauses written by or approved by a supervisory authority in the European Union.

Access to your own information

13. Access to your personal information
At any time you may review or update personally identifiable information that we hold about you, by signing in to your download account on our website.

To obtain a copy of any information that is not provided on our website you may send us a request via email at [email protected].

After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.

14. Removal of your information
If you wish us to remove personally identifiable information from our website and other systems, you may contact us via email at [email protected].

This may limit the service we can provide to you.

15. Verification of your information
When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

Other matters

16. How you can complain

If you are not happy with our privacy policy or if you have any complaint then you should tell us via email. Our address is [email protected].

If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

17. Retention period for personal data
Except as otherwise mentioned in this privacy statement, we keep your personal information only for as long as required by us:

  • to provide you with the services you have requested
  • to comply with other law, including for the period demanded by our tax authorities
  • to support a claim in court.

18. Compliance with law
Our privacy policy has been compiled to comply with the law of every country or legal jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your jurisdiction, we should like to hear from you.
However, ultimately it is your choice as to whether you wish to use our website.

19. Review of this privacy policy
We may update this privacy statement from time to time as necessary.

The terms that apply to you are those posted here on our website on the day you use our website.

This policy was last modified on January 23, 2020.