Information about data privacy when using the odc-portal

If you use the odc-portal as a customer, we process your data for performance of the obligations agreed upon. To make the processing of your data transparent, we would like to provide you with the following information to give you an overview of these processing operations. In order to guarantee fair processing, this data protection declaration contains general information about our handling of your data as well as information about your rights according to the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
The party responsible for data processing is ondemandcommerce GmbH (hereinafter ‘we’ or ‘us’).

1. General Data Processing

a) Contact

If you have any questions or feedback concerning this information or wish to contact us to assert your rights, please send your enquiry to

ondemandcommerce GmbH
Poststraße 12,
20354 Hamburg
Tel. +49 40 696359040
E-Mail E-Mail info@ondemandcommerce.com

b) Legal Basis

Using this portal may result in the processing of personal data. The data protection term "personal data" refers to all information relating to an identified or identifiable natural person. The IP address can be personal data as well. The internet provider assigns an IP address to every device connected to the internet for it to be able to send and receive data. We gather information which you provide when using the portal. Additionally, certain information about your usage of the portal is automatically collected during your visit.

We process personal data in compliance with the data protection regulations, primarily the GDPR and the BDSG. Our data processing solely occurs on a legal permission. We will process personal data solely with your consent (art. 6 sec. 1 letter a) GDPR), to perform a contract to which you are a party, or to take steps at your request prior to entering into a contract (art. 6 sec. 1 letter b) GDPR), for compliance with a legal obligation (art. 6 sec. 1 letter c) GDPR) or where processing is necessary for the purposes of our legitimate interests or those of a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data (art. 6 sec. 1 letter f) GDPR).

c) Period of storage

In the absence of alternative provision ensuing from the following statements, we will only store your data for as long as required to achieve the intended processing purpose or to fulfil our contractual or statutory obligations. Such statutory retention requirements may result from regulations under commercial or tax law.

d) Service Providers

In the absence of alternative provision ensuing from the following statements, we will commission Service Providers to process the data on their servers. These Service Providers process the data only according to strict instructions and are contractually bound to guarantee suitable technical and organisational measures for data protection.

e) Data transmission to the USA

Visiting our website may involve the transmission of certain personal data to the USA. For the transfer of data to the USA as a non-member country, a country in which the GPDR is not applicable law, the European Commission has decided in accordance with art. 45 GDPR that an adequate level of data protection is required for companies certified under the EU-US Privacy Shield. The transfer to the USA will then take place in a permissible manner. Certified companies are listed by the U.S. Department of Commerce at https://www.privacyshield.gov/list.

2. Registration

To be able to use the portal a registration is required. The information required for registration is processed to establish or execute the contractual relationship with our customers. The legal basis of the processing of this data is art. 6 sec. 1 letter b) GDPR.

3. Cookies

We use cookies on our website. Cookies are small text files that are stored by your browser when you visit a website. This identifies the browser used and can be recognised by our web server. If the use of cookies results in the processing of personal data, finds its legal basis in art. 6 sec. 1 letter f) GDPR. This processing serves our legitimate interest in making our website more user-friendly, effective and secure. We used so-called "session cookies", which are deleted when the browser session is closed. Other cookies (“persistent cookies”) are automatically deleted after a specified period, which may vary depending on the cookie. You can delete the cookies in the security settings of your browser at any time. You can object to the use of cookies through your browser settings in principle or in certain cases. Further information can be obtained from the Federal Office for Information Security at https://www.bsi-fuer-buerger.de/BSIFB/DE/Empfehlungen/EinrichtungSoftware/EinrichtungBrowser/Sicherheitsmassnahmen/Cookies/cookies_node.html.

4. Google Analytics

We use the Google Analytics service from Google Ireland Limited (Ireland/EU) to analyse our website visitors. Google uses cookies. The information generated by the cookie about the use of the online product or service by users is generally transferred to a Google server in the USA and stored there. Google will use this information on our behalf to evaluate the use of our online products and services by users, to compile reports on the activities within these online products and services and to provide us with further services associated with the use of these online products and services and the use of the internet. Pseudonymous user profiles can be created from the processed data.
We use Google Analytics only with IP anonymization enabled. This means that Google will truncate the IP address of users within Member States of the European Union or in other states that are party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. Information on the cookies used by Google can be found at https://policies.google.com/technologies/types?hl=en.

The IP address transmitted by the user’s browser is not merged with other Google data. The legal basis for the use of this service is art. 6 sec. 1 letter f) GDPR. The processing serves the legitimate interest of the analysis of user behaviour on our website and the possible need-based design. Users can prevent cookies from being stored by adjusting the settings to their browser software accordingly or by downloading and installing the browser plug-in that is available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

If you visit our website using a mobile device, you can disable Google Analytics by clicking on the this Link.

A transmission of your data to the USA cannot be excluded. Google is certified under the EU-US Privacy Shield and thus guarantees compliance with European data protection legislation.

5. Further data processing via our support section

Via our customer portal you can gain access to our support section.

a) Contact form and requests

You have the option to open a support ticket via our support section. For this purpose, we use the service Freshdesk provided by Freshworks Inc. (USA). Freshworks Inc. is certified under the EU-US Privacy Shield. The information entered when opening a support ticket via Freshdesk is transferred to Freshworks Inc. All data fields marked as mandatory are necessary to be filled in for the processing of your ticket. Failure to provide the required information will result in us being unable to process your ticket. You have the alternative option to send an email to our support address. We process the data for the purpose of handling your request and closing your ticket. If your request relates to the establishment or execution of a contract with us, the processing of your data is based on art. 6 sec. 1 letter b) GDPR. In all other cases we process data out of our legitimate interest in contacting the person enquiring. The latter data processing finds its legal basis in art. 6 sec. 1 letter f) GDPR.

b) Integrated Services and third-party content

We use services and content (collectively, "Content") provided on our Website by third parties. For such an integration a processing of your IP address is necessary, so that the contents can be sent to your browser. Your IP address will therefore be transmitted to the respective third party providers. This data processing is carried out in order to safeguard our legitimate interests in the optimisation and economic operation of our website and finds its legal basis in art. 6 sec. 1 letter f) GDPR. You can object to this data processing at any time by changing the settings of your browser or by using certain browser extensions. One such extension is the uMatrix matrix-based firewall for the Firefox and Google Chrome browsers. Please note that this may result in functional restrictions on the website.

We have incorporated into our website content from the following third-party services:
Services provided by Google Ireland Limited (Ireland/EU):

• “Google Web Fonts" to display fonts;
• “Google reCAPTCHA" to check whether form input is made by a natural person.

When using Google services, we cannot rule out the possibility that the processed data may be transferred to Google LLC (USA), which is based in the USA. Google LLC is certified under the EU-US Privacy Shield.

c) Pardot Marketing Automation System

On our website we use the Pardot Marketing Automation System ("Pardot MAS") from salesforce.com, inc. (USA). Pardot MAS is a special software for recording and evaluating the use of a website by website visitors. As far as salesforce.com, inc. processes personal data, the processing takes place exclusively on our behalf and according to our instructions. salesforce.com, inc. is certified under the EU-US Privacy Shield.

When you visit our website, Pardot MAS records your click path and creates an individual user profile using a pseudonym. Cookies are used for this purpose, which enable your browser to be recognised.

The associated data processing is necessary for the purposes of our legitimate interests in the optimisation and economic operation of our website and is based on the legal basis of art. 6 sec. 1 letter f) GDPR. You can object to this data processing at any time by configuring your Internet browser in a way that cookies from the domain "pardot.com" are not accepted. However, this may lead to certain restrictions in the functions and user-friendliness of our service.

6. Processing in the exercise of your rights pursuant to art. 15 to 22 GDPR

If you exercise your rights pursuant to art. 12 to 22 GDPR for the purpose of providing information and preparing such information, we will process stored data only for this purpose and for purposes of data protection control and otherwise restrict processing in accordance with art. 18 GDPR.

These processing operations are based on the legal basis of art. 6 sec. 1 letter c) GDPR in combination with art. 15 to 22 GDPR and § 34 sec. 2 BDSG.

7. Your rights

As the person concerned, you are entitled to exercise your rights against us. In particular, you have the following rights:

• Pursuant to art. 15 GDPR and § 34 BDSG, you have the right to request information confirming whether or not and, if so, to what extent we are processing personal data concerning you.
• Pursuant to art. 16 GDPR, you have the right get your data rectified.
• Pursuant to art. 17 GDPR and § 35 BDSG, you have the right to delete personal data.
• Pursuant to art. 18 GDPR, you have the right to require us to restrict the processing of your personal data.
• Pursuant to art. 20 GDPR, you have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit such data to another controller.
• Where you have granted us separate consent to process your data, you can withdraw such consent at any time pursuant to art. 7 sec. 3 GDPR. Any such withdrawal of consent shall not affect the lawfulness of processing based on that consent prior to its withdrawal.
• If you consider that the processing of personal data relating to you infringes GDPR provisions, you have the right to lodge a complaint with a supervisory authority pursuant to art.77 GDPR.

8. Right to object

Pursuant to art. 21 sec. 1 GDPR, you have the right to object to processing operations based on art. 6 sec. 1 letter e) or letter f) GDPR on grounds arising from your particular situation. If we process personal data about you for the purpose of direct marketing, you may object to such processing pursuant to art. 21 sec. 2 and sec. 3 GDPR.

9. Data protection officer

You can contact our data protection officer using the following address: dsb@ondemandcommerce.com