Data protection is of particular concern to Novabit Informationssysteme GmbH. Our efforts to meet the requirements of the European General Data Protection Regulation (GDPR) and the new version of the German Federal Data Protection Act (BDSG) are primarily aimed at respecting your privacy and personal sphere.
For modern companies such as Novabit Informationssysteme GmbH, the use of electronic data processing systems (EDP) is indispensable nowadays. It goes without saying that we take the utmost care to comply with legal regulations.
The Novabit Informationssysteme GmbH website can generally be used without providing any personal data. However, if a data subject wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
We will never sell or rent your personal information to third parties for their marketing or other purposes. If you do not agree with the terms of the privacy policy, please do not send any personal data to us.
1 General / Definitions
This privacy policy is based on terms used in the GDPR and should be easy to read and understand for everyone. We would therefore like to explain various terms in advance:
a) personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject / person concerned
Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
c) Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting its future processing.
e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
f) Pseudonymization
Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Responsible person
The controller is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
h) Processor / commissioned data processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) Recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
k) Consent
Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. information on the collection of personal data
(1) In the following, we provide information about the collection of personal data when using our website. Personal data is all data that can be related to you personally, e.g. name, address, e-mail addresses, user behavior, etc.
(2) The controller pursuant to Art. 4 (7) of the EU General Data Protection Regulation (GDPR) is
Novabit Informationssysteme GmbH, represented by the managing directors Ramin Göttlich and Klaus Röder
Mühlweg 2, OCM
82054 Sauerlach
Phone: 08104/6473 – 0
E-mail: info@nuclos.de
Website: www.nuclos.de
(3) Our data protection officer is:
Mr. Sascha Weller, Attorney at Law, IDR – Institute for Data Protection Law
Ziegelbräustrasse 7
85049 Ingolstadt
Phone: 0841 – 885 167 15
E-mail: ra-weller@idr-datenschutz.de
(4) When you contact us by e-mail or via a contact form, the data you provide (your e-mail address, possibly your name and telephone number) will be automatically stored by us in order to answer your questions. Such personal data transmitted on a voluntary basis by a data subject to the data controller will be stored exclusively for the purpose of processing or contacting the data subject. We delete the data arising in this context after storage is no longer required, or restrict processing if there are statutory retention obligations.
(5) If we use contracted service providers for individual functions of our offer or would like to use your data for advertising purposes, we will inform you in detail below about the respective processes. We will also state the specified criteria for the storage period.
(6) As the controller, we have implemented numerous technical and organizational measures to ensure the most complete protection possible for personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
(7) As a responsible company, we do not use automated decision-making or profiling.
3. your rights
(1) You have the following rights vis-à-vis us with regard to your personal data:
– Right to information:
Any person affected by the processing of personal data has the right granted by the GDPR to obtain at any time, free of charge, information from the controller about the personal data stored about him or her and a copy of that information. Furthermore, the European legislator has granted the data subject access to the following information:
a) the purposes of the processing
b) the categories of personal data that are processed
c) 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 organizations
d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
e) 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
f) the existence of a right to lodge a complaint with a supervisory authority
g) if the personal data are not collected from the data subject: All available information about the origin of the data
h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) 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
In addition, the data subject has a right to information as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
– Right to withdraw consent under data protection law:
Any person affected by the processing of personal data has the right to withdraw consent to the processing of personal data at any time.
If a data subject wishes to exercise this right to withdraw consent, he or she may, at any time and by any means, contact any employee of the controller.
– Right to rectification:
The data subject shall have the right 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 avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
– Right to erasure / right to be forgotten:
The data subject shall have the right 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:
a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
(b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing.
(c) the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2).
d) the personal data have been processed unlawfully.
e) the deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
(f) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
If a data subject wishes to exercise this right to erasure / right to be forgotten, he or she may contact an employee of the controller at any time.
If we have made the personal data public and we are obliged to erase it pursuant to Article 17(1) GDPR, we shall take reasonable steps, including technical measures, taking into account the available technology and the cost of implementation, to inform controllers which are processing the personal data that a data subject has requested the erasure by such controllers of any links to, or copy or replication of, that personal data. Our employees will take the necessary measures.
– Right to restriction of processing:
The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
a) 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,
b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
c) 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 defense of legal claims, or
d) the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
If a data subject wishes to exercise this right to restriction of processing, he or she may, at any time, contact any employee of the controller.
– Right to object to the processing:
Any person affected by the processing of personal data has the right granted by the GDPR 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.
In the event of an objection, we will no longer process the personal data 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 defense of legal claims.
If we process 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 also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to us to the processing for direct marketing purposes, we 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 us 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.
To exercise the right to object, the data subject may contact any employee directly. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.
– Right to data portability:
The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where
(a) the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b); and
b) the processing is carried out by automated means.
In exercising his or her right to data portability pursuant to Article 20(1) GDPR, the data subject shall have the right to have the 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.If a data subject wishes to exercise this right to data portability, he or she may contact an employee of the controller at any time.
– Automated decision in individual cases including profiling
Any person affected by the processing of personal data has the right granted by the GDPR not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision
(1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or
(2) is authorized 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) with the express consent of the data subject.
If the decision is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or if the decision is based on the data subject’s explicit consent, we 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 to contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the controller.
(2) You also have the right to complain to a data protection supervisory authority about the processing of your personal data by us. The supervisory authority responsible for our company is as follows:
Bavarian State Office for Data Protection Supervision
Promenade 27
91522 Ansbach
Phone: 0981 – 53 1300
E-mail: poststelle@lda.bayern.de
4. collection of personal data when visiting our website / cookies
(1) If you use our website at www.nuclos.de for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server or hosting provider. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security (legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR):
– IP address
– Date and time of the request
– Time zone difference to Greenwich Mean Time (GMT)
– Internet service provider of the accessing system
– Content of the request (specific page)
– Access status/HTTP status code
– Amount of data transferred in each case
– Website from which the request comes (referrer)
– Browser
– Operating system and its interface
– Language and version of the browser software.
(2) This informational website does not set cookies and does not store comparable identifiers in your browser (e.g. local storage) to recognize you. You choose the language version via the URL (e.g. /de/ or /en/). Fonts, images, and scripts are served from the same origin as the website and are not loaded from external content delivery networks.
(3) We use Rybbit Analytics for reach measurement and website analysis (details in section 12). Rybbit is cookie-free: no analytics cookies are set. Where technical usage data is processed as part of the analysis, this is based on our legitimate interests in statistical evaluation and improvement of our website (Art. 6 para. 1 lit. f GDPR). You may object under section 7.
(4) We do not use tracking or advertising cookies on www.nuclos.de and do not use remarketing services.
(5) You can configure your browser to reject or delete cookies. This mainly applies when you leave our website via a link to another Nuclos service (e.g. wiki or support portal); different rules may apply there.
5. further functions and offers of our website
(1) In addition to the purely informational use of our website, we offer various services that you can use if you are interested. To do so, you must generally provide additional personal data that we use to provide the respective service and for which the aforementioned data processing principles apply.
(2) In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly monitored.
(3) Furthermore, we may pass on your personal data to third parties if we offer participation in promotions, competitions, contracts or similar services together with partners. You will receive more detailed information on this when you provide your personal data or in the description of the offer below.
(4) The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that we use for the purpose of operating this online offering. In doing so, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer in accordance with Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR. Art. 28 GDPR.
(5) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you of the consequences of this circumstance in the description of the offer.
6. data protection for applications
The controller collects and processes the personal data of applicants for the purpose of handling the application process. Processing may also be carried out electronically. This is particularly the case if an applicant submits corresponding application documents to the controller by electronic means, for example by e-mail or via a contact form on the website. If the controller concludes an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment contract in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted, provided that no other legitimate interests of the controller conflict with deletion. Other legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).
The processing of applicant data is carried out to fulfill our (pre-)contractual obligations in the context of the application process within the meaning of Art. 6 para. 1 lit. b. GDPR Art. 6 para. 1 lit. f. GDPR if the data processing becomes necessary for us, e.g. in the context of legal proceedings (in Germany, § 26 BDSG also applies).
7. objection or revocation against the processing of your data
(1) If you have given your consent to the processing of your data, you can withdraw this consent at any time and by any means of communication. Such a revocation affects the permissibility of the processing of your personal data after you have given it to us.
(2) Insofar as we base the processing of your personal data on the balancing of interests, you can object to the processing. This is the case if, in particular, the processing is not necessary for the performance of a contract with you, which is described by us in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the situation and will either discontinue or adapt the data processing or show you our compelling reasons worthy of protection on the basis of which we will continue the processing.
(3) Of course, you can object to the processing of your personal data for advertising and data analysis purposes at any time. You can contact us about your objection to advertising at the address given under point 2 (2).
8. legal or contractual provisions for the provision of personal data/necessity for the conclusion of a contract/consequences of non-provision
We would like to inform you that the provision of personal data is partly required by law. However, it may also be possible that a data subject must provide us with personal data in order for a contract to be executed. Failure to do so would mean that the contract could not be concluded. Our employees will be happy to answer any questions you may have on a case-by-case basis.
9. contact
(1) If you contact us by e-mail, telephone, or via a contact form on www.nuclos.de, we process the data you provide (e.g. name, e-mail address, company, telephone number, content of your message) to handle your request.
(2) The legal basis is Art. 6 para. 1 lit. b GDPR where the request relates to initiating or performing a contract; otherwise Art. 6 para. 1 lit. f GDPR (legitimate interest in responding to inquiries).
(3) Data is deleted once storage is no longer required for the purpose, unless statutory retention obligations apply.
10. linked Nuclos services
(1) Our informational website links to other online services operated by Novabit Informationssysteme GmbH, in particular the Nuclos wiki (wiki.nuclos.de) and the support portal (support.nuclos.de).
(2) These services run on separate systems. When you follow these links, their own privacy and terms apply. Content from these services is not automatically embedded in our website (no iframes, no embedded widgets).
11. encryption
Connections to www.nuclos.de are transmitted using TLS encryption to help prevent unauthorized access to data in transit.
12. web analytics (Rybbit)
(1) We use Rybbit Analytics on www.nuclos.de, a web analytics service provided by Rybbit LLC, 1276 Rothwell Drive, Troy, Michigan 48084, USA (“Rybbit”). When you open a page, an analytics script is loaded and usage data is transmitted to Rybbit.
(2) Rybbit operates without cookies and without permanent storage of the full IP address. During your visit, events are recorded, including:
– page views
– first visit and session start
– pages visited and interactions on the website
– clicks on external links
– approximate location (region)
– date and time of the visit
– truncated or anonymized IP address
– technical information about your browser and device (e.g. language setting, screen resolution)
– referrer URL (source page)
(3) The purpose is statistical evaluation and improvement of our website (reach, content, performance). The legal basis is Art. 6 para. 1 lit. f GDPR. You may object to this processing on grounds relating to your particular situation under the conditions set out in section 7.
(4) Where data is transferred to the USA, we rely on appropriate safeguards, in particular the EU Commission’s standard contractual clauses where required, together with the data processing agreement concluded with Rybbit (Art. 28 GDPR).
(5) Further information from the provider: terms of use at https://rybbit.com/terms-and-conditions, privacy information at https://rybbit.com/privacy.
13. external links
(1) www.nuclos.de contains links to third-party websites, in particular LinkedIn and Google Maps (address search). These links are clearly identifiable. We do not embed social media plugins or maps that transmit data to third parties on a mere page view.
(2) When you click an external link, you leave our website. The respective provider alone is responsible for data processing there. Please refer to that provider’s privacy information.