Privacy and Cookie Policy

Last updated: December 7th, 2022

1. Introduction.This privacy policy (the ”Privacy Policy”) is an integral part of the Terms of Use for aixprocess.com found here, and provides aixprocess’s policies and procedures for collecting, using, and disclosing your personal information. Users can access the aixprocess’s service (the “Service”) through the website “www.aixprocess.com”, through APIs, and through third parties. This Privacy Policy governs your access to the Service, regardless which part of the Service you are using. In this Privacy Policy, “Device” shall mean any computer, terminal, mobile or other electronic device, from which you can gain access to the Website and “Personal Information” shall mean any information relating to an identified or identifiable natural person. All forms of data, content, and information (including Personal Information) described below are collectively referred to as “Information”.

1.1 Collecting Information. At aixprocess.com we collect and process Personal Information in different ways and for different purposes. aixprocess®GmbH, Commercial Register Aachen | Register Number: HRB 14711 | Alfonsstr. 44 | 52070 Aachen | Germany Managing Director: Dr. Ing. Martin Weng, is the data controller for this processing.

1.2 Information provided by the user when registering for the Service. When you ask for further information about goods and services from aixprocess®, you will be asked to submit your personal information, such as your name, company, phone number and e-mail address. We will also collect billing-related information.

1.3 Information collected while using the Service. When you use the Service, Information from your Device, its software, and your activity using the Services will automatically be stored. This Information may include the Internet Protocol (“IP”) address of your Device, browser type, the web page visited before you came to the aixprocess®website, information on your search for the aixprocess® website, identification numbers associated with your Devices, your mobile carrier, local preferences, date and time stamps associated with your transactions, system configuration information, metadata concerning your files and other interactions with the Service. We will also collect usage-based activity data (e.g frequency of usage, activated functionality) to create an aggregated analysis of our customers' usage pattern in order to improve the Service.

1.4 Non product-related information. If you interact with us at events or from other marketing activities and you give us your contact details or ask to be contacted in one way or another, we will process that Information for this purpose.

1.5 Information from other sources. We may obtain Information from third parties and sources other than the Service, such as our partners, advertisers, credit rating agencies, and Integrated Services. If we combine or associate information from other sources with Personal Information that we collect through the Service, we will treat the combined information as Personal Information in accordance with this Policy.

2. How aixprocess® uses your personal data.The Personal Information that aixprocess®collects from you will be used for the following purposes:

1. Making the Service available to you;
2. Improving the Service;
3. Customized advertising and direct marketing; and
4. Accounting or other legal requirements.

In correspondence referenced above:

2.1 We may process data about your use of our website and services (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics. This usage data may be processed for the purposes of analyzing the use of the website and services. The legal basis for this processing is consent the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and to improve our website, goods and services.

2.2 We may process your account data (“account data”) that includes your name and email address. The source of the account data is you or your employer. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent regarding the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract or to provide further information about products and services.

2.3 We may process your information included in your personal profile on our website (“profile data”). The profile data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is consent to the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and for improving our website, goods and services.

2.4 We may process your personal data provided in the course of using our services (“service data”). The service data may your name, address, telephone number and email address. The source of the service data is you or your employer. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is to consent to the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and for improving our website, goods and services.

2.5 We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data”). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent to the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and for improving our website, goods and services.

2.6 We may process information relating to our customer relationships, including customer contact information (“customer relationship data”). The customer relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer. The source of the customer relationship data is you or your employer. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is to legitimate our interests, namely the proper management of our customer relationships.

2.7 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website (“transaction data”). The transaction data may include your contact details, your card details and transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and to legitimate interests - namely, the proper administration of our website and business.

2.8 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data”). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent the performance of a contract between you and us and/or taking steps, at your request, to enter into such contract.

2.9 We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication content. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and recordkeeping. The legal basis for this processing is to legitimate interests, namely the proper administration of our website and business and communications with users.

2.10 We may process any of your personal data identified in this policy, where necessary, for the establishment, exercise or defense of legal claims - whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is to legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

2.11 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely an appropriate protection of our business against risks.

2.12 In addition to the specific purposes for which we may process your personal data set out in Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

2.13 Please do not supply any other person’s personal data to us, unless we prompt you to do so.

3. Providing your personal data to others. We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal basis set out in this policy. Information about our group of companies can be found at: https://www.aixprocess.de/en/about-us

3.1 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims - whether in court proceedings or in an administrative or out-of-court procedure.

3.2 In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data when such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4. International transfers of your personal data. In this Section 4, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).

4.1 We have offices and facilities outside the EEA. The European Commission has made an “adequacy decision” with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from here.

4.2 The hosting facilities for our website are situated in Falkenstein, Germany. The European Commission has made an “adequacy decision” with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.

4.3 You acknowledge that personal data you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

5. Retaining and deleting personal data. This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

5.1 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

5.2 We will retain your personal data as follows:

(a) any personal data category or categories will be retained for a minimum period of 3 months thereafter and for a maximum period of the term of our agreement.

5.3 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

6. Changes to aixprocess® Cookie and Policy.  aixprocess® may revise this Privacy Policy from time to time and the most current version will always be posted on the aixprocess® GmbH website. If a revision at aixprocess®’s sole discretion is material aixprocess® will notify you (for example via email to the email address associated with your account). Please check this website regularly. If you continue to use the Services after you have been notified that a revision has become effective, you agree to be bound by the revised Privacy Policy. If you do not agree to the new Privacy Policy, you should immediately stop using the Services.

7. Your rights.In this Section 7, we have summarized the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

7.1 Your principal rights under data protection law are:

(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.

7.2 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can ask for a copy of your profile or data by sending an email to: info@aixprocess.de

7.3 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

7.4 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data is no longer necessary re;ated to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions to the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.

7.5 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it under these circumstances: with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

7.6 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or the processing is for the establishment, exercise or defense of legal claims.

7.7 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

7.8 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation unless the processing is necessary for the performance of a task carried out for reasons of public interest.

7.9 To the extent that the legal basis for our processing of your personal data is:

(a) consent; or

(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

7.10 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

7.11 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

7.12 You may exercise any of your rights in relation to your personal data by written notice to info@aixprocess.de

8. Opt-in and opt-out forms. We ask information about you when you fill in a form or provide your details on aixprocess®Websites. You will see one or more checkboxes accepting the Privacy and Cookie Policy: Opt-in to receive marketing communications from us by email, telephone, text message or post. Opt-in to receive marketing communications from our third-party partners by email, telephone, text message or post, If you have agreed that aixprocess®can use your information for marketing purposes. You can change your mind quickly by sending an e-mail to aixprocess® requiring to opt-out the preference.

9. About cookies

9.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

9.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

9.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

10. Cookies that we use. We use cookies for the following purposes:

10.1 Cookies used by our service providers. Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

10.2 We use Google Analytics to analyze the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/.

10.3 We publish Google AdSense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour on our website and on other websites across the web using cookies You can view, delete or add interest categories associated with your browser by visiting: https://adssettings.google.com. You can also opt out of the AdSense partner network cookie using those settings or using the Network Advertising Initiative’s multi-cookie opt-out mechanism at: http://optout.networkadvertising.org. However, these opt-out mechanisms themselves use cookies, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you may wish to consider using the Google browser plug-ins available at: https://support.google.com/ads/answer/7395996

11. Managing cookies. Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari); and
(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

11.1 Blocking all cookies will have a negative impact upon the usability of many websites.

11.2 If you block cookies, you will not be able to use all the features on our website.

1. Links.aixprocess®website may include links to other websites whose privacy practices may differ from those of aixprocess® If you submit Information to sites other than those of aixprocess® please be advised that your Information will be solely governed by their privacy statements. aixprocess® encourages you to carefully read the privacy statement of any website you visit.
2. Security. aixprocess® will take adequate technical and organizational security measures to ensure that your Personal Information is not misused, lost or unlawfully accessed. If you have any questions about security on the aixprocess® website, you can contact aixprocess® at info@aixprocess.de
3. aixprocess® policy toward minors. aixprocess® is not directed to persons under the age of 18 and therefore does not knowingly collect Personal Information from persons under the age of 18. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact info@aixprocess.de. If aixprocess® becomes aware that a child under 18 has provided us with Personal Information, aixprocess® will take steps to delete such information.
4. Client Data. Since aixprocess® does not collect or determine the use of such Personal Information contained in data entered into the Service by you as a client, or that is created automatically as part of you using the Service (“Client data”), aixprocess® should not be considered a data controller for such Client data, and does not have the associated responsibilities under the European Union’s General Data Protection Regulation (Regulation (EU) 2016/679).
5. Sensitive Information. aixprocess® asks you to avoid sending and sharing any sensitive Personal Information with us (e.g., government-issued or financial account numbers, information related to the racial or ethnic origin, political opinions, religion or other beliefs, health, genetic or biometric data, criminal background or trade union membership).
6. Contacting us. If you have any questions about this Cookie and Policy, please contact aixprocess® at info@aixprocess.de or at aixprocess® office address.

You can contact us:
(a) By post, to the postal address given above;
(b) Using our website contact form;
(c) By telephone, on the contact number published on our website from time to time; or
(d) By email, using the info@aixprocess.de email address from time to time.
     Data protection officer. Our data protection officer’s contact details are: Martin Weng weng@aixprocess.de  
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