Privacy Policy

Name and address of those responsible

The data controller within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States as well as other data protection regulations is:

smart position

Managing Directors: Sebastian van Wickern, Ronald Derler

Smart-Position Inc.
108 Wild Basin Road South
Suite 250
Austin, Texas 78746
United States
Phone(800) 600-7724
hello@smart-IoT.solutions

General information on data processing

Scope of processing of personal data

In principle, we only collect and use personal data of our users insofar as this is necessary for the provision of a functional website as well as our content and services. The collection and use of personal data of our users takes place regularly only with the consent of the user. An exception applies in cases where prior consent is not possible for actual reasons and the processing of the data is permitted by statutory provisions.

Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing transactions of personal data, Art. 1 lit. a EU General Data Protection Regulation (GDPR) as the legal basis.

In the case of the processing of personal data necessary for the performance of a contract to which the data subject is a party, Article 6(p) of the data is used. 1 lit. b GDPR as the legal basis. This also applies to processing operations necessary for the implementation of pre-contractual measures.

Insofar as processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 1 lit. c GDPR as the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6(p) of the data is used. 1 lit. d GDPR as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our company or a third party and the interests, fundamental rights and fundamental freedoms of the person concerned do not outweigh the first interest, Article 6(p) shall serve. 1 lit. f GDPR as the legal basis for processing.

Data erasure and storage time

The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage is omitted. Storage may also take place if this has been provided for by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. The data shall also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion of a contract or a fulfilment of the contract.

Provision of the website and creation of log files

Description and scope of data processing

Every time we access our website, our system automatically collects data and information from the computer system of the calling computer.

The following data is collected:

  • Information about the browser type and version used
  • The user’s operating system
  • The user’s Internet service provider
  • The anonymized IP address of the user
  • Date and time of access
  • Websites from which the user’s system enters our website
  • Websites accessed by the user’s system via our website

The data is also stored in the log files of our system. This does not affect the IP addresses of the user or other data that enable the assignment of the data to a user. This data is not stored together with other personal data of the user.

Legal basis for data processing

The legal basis for the temporary storage of data is Article 6(3). 1 lit. f GDPR.

Purpose of data processing

The temporary storage of the IP address by the system is necessary in order to enable the delivery of the website to the user’s computer. To do this, the user’s IP address must be stored for the duration of the session.

In these purposes, our legitimate interest in data processing in accordance with Art. 1 lit. f GDPR.

Duration of storage

The data will be deleted as soon as they are no longer necessary for the purpose of their collection. In the case of the collection of data for the provision of the website, this is the case when the respective session is terminated.

Possibility of opposition and disposal

The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

Use of cookies

Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the internet browser or the internet browser on the user’s computer system. When a user accesses a website, a cookie can be stored on the user’s operating system. This cookie contains a characteristic string that allows the browser to be uniquely identified when the website is re-accessed.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

The following data is stored and transmitted in the cookies:

  • Language

Legal basis for data processing

The legal basis for the processing of personal data using cookies is Art. 1 lit. f GDPR.

Purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change.

We require cookies for the following applications:

  • Transfer of language settings

The user data collected by technically necessary cookies will not be used to create user profiles.

In these purposes, our legitimate interest lies in the processing of personal data in accordance with Article 6 sec. 1 lit. f GDPR.

Duration of storage, possibility of appeal and disposal

Cookies are stored on the user’s computer and transmitted by the user to our site. Therefore, as a user, you also have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, all functions of the website may no longer be fully utilized.

Google Analytics

Web analytics by Google Analytics

Scope of processing of personal data

For the purpose of customizing and continuously optimizing our pages, we use Google Analytics, a web analytics service of Google Inc. (https://www.google.de/intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”). In this context, pseudonymized user profiles are created and cookies are used (see point 4). The information generated by the cookie about your use of this website such as

  • browser type/version,
  • operating system used,
  • Referrer URL (the previously visited page),
  • Host name of the accessing computer (IP address),
  • Time of the server request,

transferred to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to website and internet usage for the purposes of market research and the design of these websites according to their needs. This information may also be transferred to third parties if required to do so by law or if third parties process this data on behalf of the company. Under no circumstances will your IP address be merged with other data from Google. The IP addresses are anonymized so that mapping is not possible (IP masking).

Legal basis for the processing of personal data

The legal basis for the processing of users’ personal data is Art. 1 lit. f GDPR.

Purpose of data processing

The processing of the personal data of the users enables us to analyze the surfing behaviour of our users. We are able to compile information about the use of the individual components of our website by evaluating the data obtained. This helps us to continuously improve our website and its user-friendliness. In these purposes, our legitimate interest lies in the processing of the data in accordance with Art. 1 lit. f GDPR. The anonymisation of the IP address takes sufficient account of the interest of users in protecting their personal data.

Duration of storage

The data will be deleted as soon as it is no longer needed for our recording purposes.

In our case, this is the case after 26 months.

Possibility of opposition and disposal

You can prevent the installation of cookies by setting the browser software accordingly; However, we would like to point out that in this case not all functions of this website can be used to the full extent.

You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=de).

As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent the collection by Google Analytics by clicking on this link. An opt-out cookie is set, which prevents the future collection of your data when you visit this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you will need to set the opt-out cookie again.

For more information about privacy related to Google Analytics, see The Google Analytics Help (https://support.google.com/analytics/answer/6004245?hl=de).

One way to prevent registration is to enable Google Analytics for this website

E-mail contact

Description and scope of data processing

On our website it is possible to contact us via the e-mail address provided. In this case, the personal data of the user transmitted by the e-mail will be stored.

In this context, the data will not be passed on to third parties. The data is used exclusively for the processing of the conversation.

Legal basis for data processing

The legal basis for the processing of the data is Art. 1 lit. a GDPR.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Article 6(4) of the European Protection Commission. 1 lit. f GDPR. If the e-mail contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 1 lit. b GDPR.

Purpose of data processing

The processing of personal data from the input mask is used solely for the processing of contact. In the case of contact by e-mail, this also has the necessary legitimate interest in the processing of the data.

The other personal data processed during the sending process are used to prevent misuse of the contact form and to ensure the security of our information technology systems.

Duration of storage

The data will be deleted as soon as they are no longer necessary for the purpose of their collection. For the personal data from the input form of the contact form and those sent by e-mail, this is the case when the respective conversation with the user is finished. The conversation ends when it can be inferred from the circumstances that the facts in question have been finally clarified.

The additional personal data collected during the sending process will be deleted at the latest after a period of seven days.

Possibility of opposition and disposal

The user has the possibility to revoke his/her consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

In such a case, please send us an e-mail to any e-mail address with which you had contact, mentioning your e-mail address and your deletion request. We will then comply with your request within 2 working days.

All personal data stored in the course of contacting us will be deleted in this case.

Rights of the data subject

If personal data is processed by you, you are a data protection in the social security of the GDPR and you have the following rights towards the controller:

Right

You may request confirmation from the controller as to whether personal data concerning you is processed by us.

If such processing is available, you may request the following information from the controller:

(1) the purposes for which the personal data are processed;

(2) the categories of personal data processed;

(3) the recipients or categories of recipients to whom the personal data concerning you has been or is still being disclosed;

(4) the planned duration of the storage of the personal data concerning you or, if specific information is not possible, criteria for determining the storage period;

(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restrict processing by the controller or a right to object to such processing;

(6) the existence of a right of appeal to a supervisory authority;

(7) all available information on the origin of the data where the personal data are not collected from the data subject;

(8) the existence of automated decision-making, including profiling, in accordance with Article 22(3). 1 and 4 GDPR and, at least in such cases, meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organisation. In this context, you may request that the appropriate guarantees are provided in accordance with the Article 46 GDPR in connection with the transmission.

Right to correction

You have the right to rectification and/or completion to the controller if the personal data processed concerning you is inaccurate or incomplete. The controller must make the correction without delay.

Right to restrict processing

You may request the restriction of the processing of personal data concerning you under the following conditions:

(1) if you dispute the accuracy of the personal data concerning you for a period that enables the controller to verify the accuracy of the personal data;

(2) the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data;

(3) the controller no longer needs the personal data for the purposes of the processing, but you need it to assert, exercise or defend legal claims, or

(4) if you object to the processing in accordance with Art. 1 GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.

Where the processing of personal data concerning you has been restricted, such data may be processed, except for its storage, only with your consent or for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or a Member State.

If the restriction of processing has been restricted according to the above conditions, you will be informed by the controller before the restriction is lifted.

Right to erasure

Obligation to delete

You may require the controller to immediately delete the personal data concerning you, and the controller is obliged to delete such data immediately, provided that one of the following reasons applies:

(1) The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.

(2) You revoke your consent, to which the processing is based in accordance with the Art. 6 Abs. 1 lit. a or Art. 2 lit. a GDPR and there is no other legal basis for processing.

(3) You place in accordance with Art. 21 Abs. 1 GDPR object to the processing and there are no primary legitimate reasons for the processing, or you submit in accordance with the Art. 21 Abs. 2 GDPR objection to the processing.

(4) The personal data concerning you have been processed unlawfully.

5. The erasure of personal data concerning you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.

(6) The personal data concerning you have been obtained in relation to the information society services offered in accordance with Article 8(3). 1 GDPR.

Information to third parties

If the controller has made the personal data concerning you public and is in accordance with the Art. 17 Abs. 1 GDPR obliges it to delete it, taking into account the available technology and implementation costs, it shall take appropriate measures, including of a technical nature, to inform data controllers who process the personal data that you, as a data subject, have requested from them the deletion of all links to such personal data or copies or replicas of that personal data.

Exceptions

The right to erasure does not exist if the processing is necessary

(1) to exercise the right to freedom of expression and information;

2. to fulfil a legal obligation required by the law of the Union or the Member States to which the controller is subject, or to carry out a task which is in the public interest or in the exercise of official authority delegated to the controller;

(3) for reasons of public interest in the field of public health in accordance with Article 9(3). 2 lit. h and i and Art. 3 GDPR;

(4) for archival purposes in the public interest, for scientific or historical research purposes or for statistical purposes in accordance with the Article 89(1) 1 GDPR to the extent that the law referred to in (a) is likely to make the achievement of the objectives of such processing impossible or seriously impairs, or

(5) to assert, exercise or defend legal claims.

Right to information

If you have asserted the right to rectification, erasure or restriction of the processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed, this rectification or deletion of the data or restriction of the processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed of these recipients in respect of the controller.

Right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance by the controller to whom the personal data was provided, provided that:

(1) the processing on a consent in accordance with the Art. 6 Abs. 1 lit. a GDPR or Art. 2 lit. a GDPR or on a contract in accordance with the Art. 6 Abs. 1 lit. b GDPR is based and

(2) processing is carried out using automated procedures.

In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data portability shall not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the controller.

Right to object

You have the right, for reasons arising from your particular situation, at any time to object to the processing of personal data concerning you, which is subject to Article 6 of the year. 1 lit. e or f GDPR to object; this also applies to profiling based on these provisions.

The controller no longer processes the personal data concerning you, unless he can prove compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling in so far as it is related to such direct marketing.

If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You have the opportunity to exercise your right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.

Automated decision-making on a case-by-case basis, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, that has legal effect against you or similarly significantly affects you. This does not apply if the decision

(1) is necessary for the conclusion or performance of a contract between you and the controller;

(2) is permitted by Union or Member State legislation to which the controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests;

(3) with your express consent.

However, those decisions may not be based on specific categories of personal data under Article 9(3). 1 GDPR, unless Article 9(1) of the 2 lit. a or g GDPR and appropriate measures have been taken to protect your rights and freedoms and legitimate interests.

With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, including at least the right to the intervention of a person on the part of the controller, to express his or her point of view and to challenge the decision.

Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your place of residence, place of work or place of the alleged infringement, if you consider that the processing of personal data concerning you is in breach of the GDPR.

The supervisory authority to which the complaint was lodged shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

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Smart-Position Inc. USA

108 Wild Basin Road South, Suite 250
Austin, TX 78746
Phone (800) 604-7724
Mail hello@smart-position.com

© smart-position | 2022
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