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Data Protection Notice

Data Protection Notice for Customers


By providing the following information, we want to give an overview of the processing of your personal data which is carried out by us and of your rights under GDPR in the framework of the contractual relationship with DigitalStakeout Inc. hereinafter referred to as “DigitalStakeout.”

Which data is processed specifically and in what way it is used substantially depends on the ordered services. Therefore, not all parts of the provided information may apply to you.

1. The data protection controller is DigitalStakeout, Inc. 234 Morrell Road, Suite 360 Knoxville, TN 37919-5876 USA. Especially with regard to data protection issues, you may also contact the Data Protection Officer at at any time.

2. We process personal data which we receive from our customers or other parties concerned in the course of our business relationship. In the context of the business relationship you are obliged to provide such personal data which is required in order to enter, conduct or terminate a business relationship and to perform the corresponding contractual obligations or such personal data which we are legally obliged to collect. Without this data we shall regularly not be able to conclude a contract with you or to conduct or terminate such a contract.

3. For the performance of the contract we process the following information:
• Your contact details (especially title, first name, last name, email address, address, telephone numbers, position, company details),
• Your payment information (bank details),
• Your data provided in the context of search queries with our software (IP address, contents of the search input, date and time of the request, operating system and Java Virtual Machine information, language and version of the browser software).

4. We process personal data in accordance with the provisions of the EU General Data Protection Regulation (GDPR) for the performance of contractual obligations (Article 6 (1) sentence 1 lit. b GDPR).

The processing of data is carried out in order to provide goods and services in the course of the performance of the contracts with our customers or the performance of pre-contractual measures that are provided upon request. The purposes of the processing primarily depend on the actual product (e.g. distribution of software licenses) and can include, inter alia, needs analysis and consulting.

5. To the extent necessary for the performance of our services, we also process personal data which we obtain from public sources (e.g. the press, internet) or which is transferred to us by affiliated companies of DigitalStakeout or other third parties (e.g. a credit reporting agency).

6. We also process personal data based on your consent (Article 6 (1) sentence 1 lit. a GDPR). If you give your consent to the processing of personal data for a specific purpose (e.g. disclosure of data to subcontractors, evaluation of license and payment data for marketing purposes, newsletters) the processing is considered lawful based on your given consent. Declarations of consent must be given freely. The declaration of consent must indicate the purpose of the processing of data. If you have given your consent to the processing of your data, you may withdraw your consent at any time without having to provide reasons. The lawfulness of processing based on an effectively given consent remains unaffected until the time the consent has been withdrawn.

7. The processing of your personal data can also take place if this is necessary to realize the legitimate interests of DigitalStakeout (Article 6 (1) sentence 1 lit. f GDPR). Legitimate interests exist for example, if we assert a legal claim against you or we need to defend ourselves in a legal dispute. The processing of personal data on the basis of a legitimate interest shall not take place if there is an indication that the interest in the processing is overridden by your legitimate interest in that particular case. The existence of legitimate interests shall be assessed in each case of processing.

8. Within DigitalStakeout, your data may only be accessed by those who need this data to fulfill our contractual and legal obligations. Service providers and vicarious agents can also receive data for this purpose. These are companies in the categories IT-services, logistics, debt collection, consulting as well as sales and marketing. We only pass on your personal data to third parties, if:
• you have explicitly given your consent to this in accordance with Article 6 (1) sentence 1 lit. a GDPR,
• this is permitted by law and – in accordance with Article 6 (1) sentence 1 lit. b GDPR – necessary to process contracts we concluded with you,
• in case there is a legal obligation to transfer personal data according to Article 6 (1) sentence 1 lit. c GDPR, and
• the transfer pursuant to Article 6 (1) sentence 1 lit. f GDPR is necessary for the establishment, exercise or defense of legal claims and there is no reason to believe that you have an overriding legitimate interest in not passing on your data.

9. We partially use external service providers to process your data. These have been carefully selected and commissioned by us. They are bound by our instructions and controlled regularly. As far as our service providers or partners have their registered office in a country outside the European Union (so called third countries), we will provide information on the consequences of this fact beforehand. A transfer to third countries is carried out, as far as
• this is required for the (partial) provision of the contractual performance (e.g. search queries with our software), or
• you have given your consent.

To the extent that this is necessary, your personal data is transferred to an IT-service provider in the United States or another third country in order to ensure the IT operations in compliance with the European data protection level.

10. We adhere to the principles of data avoidance and data minimization. Therefore we store your personal data only for as long as required to achieve the purposes mentioned here or for the duration of the diverse storage periods specified by the legislator. After the respective purpose has ceased to exist or after the expiry of these storage periods, the corresponding data is blocked or deleted routinely and in accordance with the legal provisions.

11. Your data will no longer be used and will be deleted after the contract with you has ended. Exceptions are only the use for recovery measures to the extent permitted by law or statistical evaluations or market research, provided you have given your consent. Apart from that, your data is stored only for as long as this is necessary to observe statutory obligations to archive and to retain the data.

12. We use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against access by unauthorized third parties. Our security measures are continuously improved in line with technological development.

13. With regard to the personal data concerning yourself, you have the following rights vis-à-vis us in accordance with the relevant statutory provisions:
• Right of access,
• Right to rectification or erasure,
• Right to restriction of processing,
• Right to object to processing,
• Right to data portability.
14. You also have the right to lodge a complaint with a supervisory authority regarding the processing of your personal data by us.

15. Information on your right to object in accordance with Article 21 GDPR

You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning yourself which is based on Article 6 (1) sentence 1 lit. f GDPR (processing on the basis of a balance of interests).
In case you object we shall no longer process your personal data, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing serves the establishment, exercise or defense of legal claims.
In individual cases we process your personal data for direct marketing purposes. You have the right to object at any time to the processing of personal data concerning yourself for such marketing purposes.

16. This Privacy Statement is currently valid and is dated as of May 25, 2018. We reserve the right to adjust this Privacy Statement occasionally to make sure it always complies with the current legal requirements or to implement changes to our services in the privacy statement, for example, if new services are introduced.

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