English

Privacy Policy for MSP AG’s Website

Name and Address of Controller

The controller within the meaning of the EU General Data Protection Regulation and other national data protection laws of EU member states and other data protection provisions is:

MSP AG

Virchowstraße 17-19

22767 Hamburg

Deutschland

Tel.: 040 / 31991619-0

Email: info@mspag.com

Website: www.mspag.com

Name and Address of Data Protection Officer

The controller’s data protection officer is:

anywhere digital GmbH

- Konstantin Pflüger -

Hoheluftchaussee 40a

20253 Hamburg

Deutschland

Tel.: 040 / 38 99 50-0

Email: dsk@mspag.com

Website: www.mspag.com

Right to Lodge a Complaint with a Competent Data Protection Supervisory Authority

In case of infringements on data protection law, the data subject has the right to lodge a complaint with a supervisory authority. Our competent data protection supervisory authority is:

The Hamburg Commissioner for Data Protection and Freedom of Information

Ludwig-Erhard-Str 22, 7. OG

20459 Hamburg

Tel.: 040 / 428 54 – 4040

Fax: 040 / 428 54 – 4000

Email: mailbox@datenschutz.hamburg.de

1 | Data Processing

1.1 Scope of Personal Data Processing

We only process personal data of our users insofar as necessary for providing a functional website and our content and services. We only process personal data of our users with their consent. Exceptions only apply where prior consent cannot be obtained for objective reasons and data processing is permitted by law.

1.2 Legal Basis for Personal Data Processing

If we obtain the data subject’s consent to processing his or her personal data, Article 6(1)(a) of the General Data Protection Regulation (GDPR) will serve as the legal basis for processing personal data.

When processing personal data necessary for performance of a contract to which the data subject is party, Article 6(1)(b) of the GDPR will serve as the legal basis. This also applies to processing necessary for steps prior to entering into a contract.

Where processing personal data is necessary for compliance with a legal obligation to which we are subject, Article 6(1)(c) of the GDPR will serve as the legal basis.

If processing personal data is necessary to protect the vital interests of the data subject or of another natural person, Article 6(1)(d) of the GDPR will serve as the legal basis.

If processing is necessary for the purposes of legitimate interests of ours or of a third party and these interests are not overridden by the interests, fundamental rights or freedoms of the data subject, Article 6(1)(f) of the GDPR will serve as the legal basis for processing.

1.3 Data Erasure and Storage Period

The data subject’s personal data will be erased or blocked when the purpose for its storage no longer applies. Furthermore, personal data may be stored if required by European or national legislature in EU regulations, laws or other provisions to which the controller is subject. Personal data will also be blocked or erased if a storage period required by one of the specified provisions expires, unless the data must continue to be stored for contract conclusion or performance.

2 | Website Access and Log file Creation

2.1 Description and Scope of Data Processing

Whenever our website is accessed, our system automatically collects data and information from the system of the accessing computer.
The following data is collected thereby:

  • Time and date of access

  • Browser used

  • Operating system and device used

  • Country code from which our website is accessed

  • Average period of time spent on our website

  • Name and URL of retrieved files

  • Website from which our website is accessed (referrer URL)

  • Browser and, if applicable, operating system of your computer and name of your access provider

This data will also be saved in our system’s log files. However, this does not apply to the user’s IP addresses or other data that enables a user to be identified. This data is never stored with other personal user data.

2.2 Legal Basis for Data Processing

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

2.3 Purpose of Data Processing

Our system must temporarily store IP addresses to make our website accessible to the user’s computer. This requires the user’s IP address to be stored for the length of the session.

Data is stored in log files to ensure our website’s functionality. This data is also used to optimize our website and ensure the security of our IT systems. Data is not processed for marketing purposes thereby.

These purposes also represent our legitimate interest in data processing under Article 6(1)(f) of the GDPR.

2.4 Storage Period

This data will be erased when it is no longer necessary for the purposes for which it was collected. If collected for access to our website, this will apply when the session ends.

For data stored in log files, this will apply, at the latest, after 7 days. However, further storage is possible. In this case, user IP addresses will be erased or masked to prevent the accessing client from being identified.

2.5 Objection and Erasure

This data must be collected to provide access to our website and stored in log files to navigate our website. The user therefore cannot object to this.

3 | Cookies

3.1 Description and Scope of Data Processing

Our website uses cookies. Cookies are text files placed on or by the browser on the user’s computer system. If a user accesses a website, a cookie may be placed on the user’s operating system. This cookie will include a characteristic character string that enables the user’s browser to be identified when accessing our website again.

We use cookies to make our website more user-friendly. Certain elements of our website require the accessing browser to be identified after navigating to another page.

The following data is thereby saved on and transmitted by these cookies:

  • Language settings

Furthermore, our website uses cookies that enable users’ surfing behavior to be analyzed.

The following data may be transmitted thereby:

  • Entered search terms

  • Frequency of page views

The user data collected thereby is pseudonymized by our technical systems. This data therefore cannot be used to identify accessing users and is not stored with other personal user data.

When accessing our website, users are informed by a banner about our use of cookies for analysis purposes and referred to this Privacy Policy. Information about how cookies may be disabled in the user’s browser settings is also provided.

3.2 Legal Basis for Data Processing

The legal basis for processing personal data when using cookies is Article 6(1)(f) of the GDPR (legitimate interest) for necessary cookies and Article 6(1)(a) of the GDPR (consent) for cookies used for the purpose of analysis, marketing and personalization.

3.3 Purpose of Data Processing

Technically necessary cookies are used to make our website easier to use for users. Certain functions of our website cannot be provided without cookies. These functions require your browser to be recognized after navigating to another page.

Cookies are necessary for the following functions:

  • Saving language settings

  • Remembering search terms

User data collected by technically necessary cookies is not used to create user profiles.

Analysis cookies are used to improve our website’s quality and content. Analysis cookies inform us how our website is used and help us continuously optimize our offer.

These purposes also represent our legitimate interest in data processing under Article 6(1)(f) of the GDPR.

3.4 Storage Period, Objection and Erasure

Cookies are saved on the user’s computer which transmits them to our website. As the user, you therefore have full control over the use of cookies. You may disable or limit cookie transmissions by changing your browser settings. Saved cookies may be deleted at any time. This may also be done automatically. However, disabling cookies for our website may prevent full use of certain functions. Cookies will be automatically deleted after 1 year.

4 | Contact Form and Email

4.1 Description and Scope of Data Processing

Our website includes a contact form which may be used to contact us electronically. If a user does so, entered data will be transmitted to and stored by us. This data includes:

  • First name

  • Last name

  • Email address

  • Company

  • Subject

  • Message

When sending your message, the following data will also be saved:

  • Time and date of sending

When sending messages, users’ consent to the processing of this data will be obtained and this Privacy Policy will be noted.

Alternatively, users may contact us at the provided email address. In this case, the user’s personal data transmitted with the email will be stored.

For such communication, our website uses HubSpot, a service of HubSpot Inc. HubSpot is certified under the EU-US Privacy Shield.

HubSpot is used to monitor communication on our website. Our website also uses HubSpot, Inc. technologies to manage user data. If you enter the data specified above into our contact form when contacting us, the content of your communication will be saved to better process it and future inquiries. If you do not enter an email address, no user content will be saved and your communication will not be saved.

4.2 Legal Basis for Data Processing

If we obtained the user’s consent, the legal basis for processing the user’s data is Article 6(1)(a) of the GDPR.

The legal basis for processing data that is transmitted when sending us an email is Article 6(1)(f) of the GDPR. If we are sent an email to conclude a contract, the legal basis for processing data will also be Article 6(1)(b) of the GDPR.

4.3 Purpose of Data Processing

We only process personal data from the contact form to process your communication. This also represents our legitimate interest if you contact us by email.

Other personal data is processed to prevent misuse of our contact form and ensure the security of our IT systems.

4.4 Storage Period

Data will be erased when it is no longer necessary for the purposes for which it was collected. For personal data transmitted by email or from our contact form, this applies when the conversation with the user ends. A conversation ends when it may be derived from the circumstances that the matter has been settled.

Additional personal data collected when sending us a message will be erased, at the latest, after 1 year.

4.5 Objection and Erasure

Users may withdraw their consent to the processing of their personal data at any time. When contacting us by email, users may object to the storage of their personal data at any time. However, in such cases, conversations cannot be continued.

An explanation of how users may object to the storage of their data is provided hereafter.

Any personal data collected when contacting us will be erased in this case.

5 | Downloads & Newsletter

5.1 Description and Scope of Data Processing

Our newsletter is sent because the user subscribed to it on our website:

Our website offers free newsletter subscriptions. When subscribing to our newsletter, the following data will be transmitted to us from the form:

  • First name of the user

  • Last name of the user

  • Email address of the user

When subscribing to our newsletter, users’ consent to the processing of this data will be obtained and this Privacy Policy will be noted.

We will send you our newsletter based on your subscription:

Our website offers a newsletter and downloads.

To subscribe to our newsletter, we require your name and email address. By subscribing, you also consent to us collecting personal data when you visit our website to provide you with information based on your personal interests (see Section 7.3 “Purpose of Data Processing”).

You may withdraw your consent at any time via the link at the end of each newsletter.

5.2 Legal Basis for Data Processing

Our newsletter is sent because the user subscribed to it on our website:

If we obtained the user’s consent, the legal basis for processing the user’s data after the user subscribed to our newsletter is Article 6(1)(a) of the GDPR.

5.3 Purpose of Data Processing

We collect the user’s email address to send our newsletter.

When subscribing, other personal data is collected to prevent misuse of our services and of the email address.

5.4 Storage Period

Data will be erased when it is no longer necessary for the purposes for which it was collected. The user’s email address will be stored for as long as the newsletter subscription is active.

Other personal data collected when subscribing will normally be erased after 1 year.

5.5 Objection and Erasure

Users may cancel their newsletter subscriptions at any time. A link for this is provided with every newsletter.
Consent to the storage of personal data collected when subscribing may also be withdrawn thereby.

6 | MSP AG Use of Microsoft Teams

6.1 Description and Scope of Data Processing

We invite prospective buyers, customers and users to communicate with us online via Microsoft Teams.
Microsoft Teams is used as a platform for direct communication with invited users through online video conferences and telephone conferences and/or for online training and presentations. Microsoft Teams may be used via a browser or software installed on the user’s device.

When using this program, the following data will be transferred to Microsoft Inc., Ireland:

  • First name of the user

  • Last name of the user

  • Display name of the user

  • Email address of the user

  • If applicable, profile picture of the user

  • Meeting metadata (e.g., time, date, meeting ID, telephone numbers, location)

  • Text, audio and video data

  • If applicable, chat input

When conducting video conferences, data from the device’s microphone and camera will be processed. However, this processing may be stopped at any time by closing the Microsoft Teams software or muting the device’s camera or microphone.

6.2 Legal Basis for Data Processing

If we obtained the user’s consent, the legal basis for processing the user’s data is Article 6(1)(a) of the GDPR.

If registration is necessary for presentations or training or for the performance of a contract to which the user is party or for steps prior to entering into a contract, Article 6(1)(b) of the GDPR will serve as an additional legal basis for data processing.

6.3 Purpose of Data Processing

Users must register for the performance of a contract to which they are party and for steps prior to entering into a contract. MSP AG only provides Microsoft Teams to its prospective buyers, contractual customers and partners for support and assistance.

6.4 Storage Period

This data will be erased when it is no longer necessary for the purposes for which it was collected.

When registering for performance of a contract or for steps prior to entering into a contract, this applies when the data is no longer necessary for contract performance. Personal data of the other contract party may also have to be stored for compliance with contractual or legal obligations.

Continuous obligations require personal data to be stored during the term of the contract. In addition, guarantee periods must be observed and data may have to be stored for tax purposes. Which storage periods apply must be determined for each concluded contract and contract party.

7 | Data Transfers

Your data will not be transferred to third parties for purposes other than the following.

We will only transfer your data to third parties if:

  • You grant your explicit consent in accordance with Article 6(1)(a) of the GDPR;

  • Your data must be transferred in accordance with Article 6(1)(f) of the GDPR to establish, exercise or defend legal claims and there is no reason to believe that you have overriding interests in not transferring your data;

  • Your data must be transferred by law in accordance with Article 6(1)(c) of the GDPR;

  • Transferring your data is permitted by law and necessary under Article 6(1)(b) of the GDPR for the performance of a contractual relationship with you.

8 | MSP AG Quick Support

8.1 Description and Scope of Data Processing

Our website allows users to use the support program Team Viewer. With your consent, Team Viewer will be loaded onto your device. When opening Team Viewer, you will receive your ID and password. Please transmit these by telephone to our employees who will save them. This data will not be transferred to third parties. The following data will be collected during registration:

Your ID and your personal one-time password displayed by Team Viewer.

The user’s consent to process this data will be obtained during registration.

8.2 Legal Basis for Data Processing

If we obtained the user’s consent, the legal basis for processing the user’s data is Article 6(1)(a) of the GDPR.

If the user registers to perform a contract to which the user is party or for steps prior to entering into a contract, Article 6(1)(b) of the GDPR will serve as an additional legal basis for data processing.

8.3 Purpose of Data Processing

Users must register for performance of a contract to which they are party and for steps prior to entering into a contract. MSP only provides Team Viewer to its contractual customers and partners for support and assistance.

8.4 Storage Period

This data will be erased when it is no longer necessary for the purposes for which it was collected.

When registering for performance of a contract or for steps prior to entering into a contract, this applies when the data is no longer necessary for contract performance. Personal data of the other contract party may also have to be stored for compliance with contractual or legal obligations.

Continuous obligations require personal data to be stored during the term of the contract. In addition, guarantee periods must be observed and data may have to be stored for tax purposes. Which storage periods apply must be determined for each concluded contract and contract party.

9 | Data Transfers

Your data will not be transferred to third parties for purposes other than the following.

We will only transfer your data to third parties if:

  • You grant your explicit consent in accordance with Article 6(1)(a) of the GDPR;

  • Your data must be transferred in accordance with Article 6(1)(f) of the GDPR to establish, exercise or defend legal claims and there is no reason to believe that you have overriding interests in not transferring your data;

  • Your data must be transferred by law under Article 6(1)(c) of the GDPR;

  • Transferring your data is permitted by law and necessary under Article 6(1)(b) of the GDPR for the performance of a contractual relationship with you.

10 | Analysis Tools

The tracking measures used by us and specified hereafter are performed on the basis of Article 6(1)(f) of the GDPR. We use these tracking measures to ensure the need-based design and continuous optimization of our website. We also use these tracking measures to document and analyze use of our website statistically to optimize our offer for you. These interests are considered legitimate within the meaning of the above-stated provision.

Please see the respective tracking tools for their data processing purposes and data categories.

10.1 Google Analytics

For the need-based design and continuous optimization of our website, we use Google Analytics, a web analysis service of Google Inc. (https://about.google/intl/ALL_us/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”). Pseudonymized usage profiles are created and cookies (see Section 4) are used thereby. The information generated by the cookie about your use of our website, e.g.,

  • Time and date of access

  • Browser used

  • Operating system and device used

  • Country code from which our website is accessed

  • Average period of time spent on our website

  • Referrer URL (last-visited page)

  • Time of server request

will be transferred to a Google server in the US and stored there. This information is used to assess use of our website, prepare website activity reports and perform other services related to use of our website and the Internet for market research and need-based design of our website. This information may also be transferred to third parties if required by law or if processed by the third parties on our behalf. In no case will your IP address be merged with other Google data. IP addresses are anonymized to prevent identification (IP masking).

You may disable cookies through your browser settings; however, this may prevent you from fully using all functions of our website.

Furthermore, you may prevent the collection of the data generated by the cookie on your use of our website (incl. your IP address) and Google from processing this data by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=en).

As an alternative to the browser add-on, especially on mobile device browsers, you may prevent Google Analytics from collecting data by clicking on this link. This will activate an opt-out cookie which will prevent future collection of your data when visiting our website. However, this opt-out cookie will only apply to this browser and this website and will be stored on your device. If you delete cookies from your browser, you must activate this opt-out cookie again.

For further information about data protection in relation to Google Analytics, please see Google Analytics Help (https://support.google.com/analytics/answer/6004245?hl=en).

10.2 Google Conversion Tracking

To document and analyze use of our website statistically to optimize our offer for you, we use Google’s conversion tracking. If you reached our website via a Google ad, Google Adwords will place a cookie (see Section 4) on your computer.

These cookies will expire after 30 days and are not used for personal identification. If a user visits certain pages of an Adwords customer’s website before the cookie expires, Google and the customer may see that the user clicked on an ad and was forwarded to this page.

Every Adwords customer receives a different cookie. Cookies therefore cannot be tracked across Adwords customers’ websites. The information obtained by the conversion cookie is used to prepare conversion statistics for Adwords customers who choose conversion tracking. Such Adwords customers learn the total number of users who clicked on their ad and were forwarded to a page with a conversion tracking tag. However, these customers do not receive information whereby users can be personally identified.

If you do not wish to participate in tracking, you may reject the necessary cookie—e.g., by disabling all cookies through your browser settings. You may also disable conversion tracking cookies by configuring your browser to block cookies from the domain “www.googleadservices.com.” Further information about Google’s privacy policy for conversion tracking is provided here (https://services.google.com/sitestats/en.html).

10.3 HubSpot Ireland ltd.

This website uses HubSpot, a service of HubSpot Inc., a software provider from the US with a branch in Ireland (HubSpot Inc., 2nd Floor 30 North Wall Quay, Dublin 1, Ireland, Tel.: +353 1 5187500), which we use to cover various aspects of our online marketing. These include:

  • Content management (e.g., website content)

  • Email marketing (newsletter and automated mailing, e.g., for information about updates)

  • Social media publishing & reporting (e.g., LinkedIn)

  • Reporting (e.g., traffic sources, access, etc.)

  • Contact management (e.g., user segmentation & CRM)

  • Landing pages and contact forms

HubSpot uses so-called “web beacons” and “cookies” that are placed on your computer and enable us to analyze your use of our website. HubSport assess the collected information (e.g., IP address, geographic location, browser type, length of visit and accessed pages) on our behalf to generate reports on the pages you visited. If you do not want such data to be collected by cookies, you may disable cookies at any time through your browser settings.

We only use the data collected via HubSpot for our marketing and its optimization. We may use your data to contact you, as a visitor of our website, and to determine which services of our company are of interest to you. If you subscribe to our newsletter and download studies or other documents, we may use HubSpot to personally identify your visits through your additional data (especially your name/email address) and inform you about your preferred topics. We also use HubSpot for our subscription service. This subscription service allows you, the visitor, to learn more about our company, download content and provide your contact details and additional information about yourself and your business. Where required by law, we will request your prior and separate consent to the collection, storage and processing of your data.

The data we collect from HubSpot is stored on servers of our contractor, HubSpot Ireland Ltd. We ensured that this satisfies the requirements of EU data protection law, especially the German Federal Data Protection Act [Bundesdatenschutzgesetz, BDSG]. HubSpot Inc. is certified under the “EU – U.S. Privacy Shield Framework” and subject to the TRUSTe Privacy Seal. For HubSpot’s Privacy Policy, please click here. HubSpot also provides information about HubSpot Inc.’s compliance with EU data protection law here and information about the cookies used by HubSpot here.

10.4 Objection and Erasure

As the user, you may cancel your subscription at any time. You may also change the data stored about you at any time. If this data is necessary for performance of a contract or for steps prior to entering into a contract, your data may only be erased prematurely if not prevented by contractual or legal obligations.

11 | Data Subject Rights

You have the right:

  • Under Article 15 of the GDPR, to access personal data processed by us concerning you. You may especially obtain information about the purposes of the processing, categories of personal data concerned, categories of recipients to whom personal data has been or will be disclosed, the envisaged period for which the personal data will be stored, the existence of the right to rectification, erasure, restriction of processing or to object, the right to lodge a complaint, the source of your data if not collected by us and about automated decision-making, including profiling, and, if applicable, meaningful information about the logic involved;

  • Under Article 16 of the GDPR, to obtain without undue delay rectification of inaccurate and completion of incomplete data stored by us concerning you;

  • Under Article 17 of the GDPR, to obtain erasure of personal data stored by us concerning you, except where processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of claims;

  • Under Article 18 of the GDPR, to obtain restriction of processing of your personal data if you contest the accuracy of the data or if the processing is unlawful, but you oppose erasure and the data is no longer needed by us, but by you for the establishment, exercise or defense of claims or if you object to the processing in accordance with Article 21 of the GDPR;

  • Under Article 20 of the GDPR, to receive in a structured, commonly used and machine-readable format the personal data you provided to us or to transmit this data to another controller;

  • Under Article 7(3) of the GDPR, to withdraw your consent from us at any time. We may then no longer process data based on this consent; and

  • Under Article 77 of the GDPR, to lodge a complaint with a supervisory authority. You may normally contact the supervisory authority of your habitual residence or place of work or of our registered office.

12 | Right to Object

If your personal data is processed on the basis of legitimate interests under Article 6(1)(f) of the GDPR, you have the right, under Article 21 of the GDPR, to object to the processing of your personal data on grounds related to your particular situation or if you object to direct marketing. In the latter case, you have a general right to object which we will implement without requiring a particular situation.

To exercise your right to object or withdraw consent, please send us an email at DSK@mspag.com.

13 | Data Security

When you visit our website, we apply the common SSL (Secure Socket Layer) process with the highest encryption level supported by your browser. This is normally a 256-bit encryption. If your browser does not support 256-bit encryption, we will use 128-bit v3 technology. Whether a page of our website is encrypted is displayed by the key or lock symbol on the lower status bar of your browser.

We only implement appropriate technical and organizational security measures to protect your data against random or intentional manipulation, partial or complete loss, destruction and unauthorized access. Our security measures are regularly improved based on the state of the art.

14 | Privacy Policy Validity and Updates

This Privacy Policy is currently valid as of September 2021.

Further development of our website and of offers for it, changes to the law and regulations of authorities may require updates to this Privacy Policy. The respectively valid version of this Privacy Policy may be found on or printed from our website at any time at https://www.mspag.com/en/privacy-policy.