Privacy policy

We appreciate your visit to our website and your interest in our TOPSIM - Simulations as well as TOPSIM GmbH.

This Privacy Policy clarifies the nature, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offering and the related websites, features and content, as well as external online presence, such as our social media profile (collectively referred to as the "online offering"). With regard to the terminology used, such as "processing" or "responsible person", we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

Responsible

TOPSIM GmbH
Neckarhalde 55
72070 Tübingen
E-mail address: datenschutz(at)topsim.com
Managing Director: Rahul Arora
Link to the imprint: https://cloud.topsim.com/index.php?id=5

Types of processed data:

  • Inventory data (e.g., names, addresses).
  • Contact information (e.g., e-mail, phone numbers).
  • Content data (e.g., text input, photographs, videos).
  • Usage data (e.g., websites visited, interest in content, access times).
  • Meta / communication data (e.g., device information, IP addresses).

Categories of affected persons

Visitors and users of the online offer (In the following, we also refer to the affected persons as "users").

Purpose of processing

  • Providing the online offer, its features and content.
  • Respond to contact requests and communicate with users.
  • Security measures.
  • Audience measurement / marketing

Terms used

"Personal information" means any information relating to an identified or identifiable natural person (hereinafter the "data subject"); a natural person is considered as identifiable, who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, to an identification number, to location data, to an online identifier (eg cookie) or to one or more special features, that express the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person. "Processing" means any process performed with or without the aid of automated procedures or any such process associated with personal data. The term goes far and includes virtually every handling of data. "Pseudonymisation" means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without additional information being provided, provided that such additional information is kept separate and is subject to technical and organizational measures to ensure that the personal data is not assigned to an identified or identifiable natural person. "Profiling" means any kind of automated processing of personal data which involves the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to job performance, economic situation, health or personal data to analyze or predict preferences, interests, reliability, behavior, whereabouts or relocation of that natural person. "Responsible person" means the natural or legal person, public authority, establishment or body that decides, alone or in concert with others, on the purposes and means of processing personal data. "Processor" means a natural or legal person, public authority, establishment or body that processes personal data on behalf of the controller.

Relevant legal bases

In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing. Unless the legal basis in the data protection declaration is mentioned, the following applies: The legal basis for obtaining consent is Article 6 (1) lit. a and Art. 7 GDPR, the legal basis for the processing for the performance of our services and the execution of contractual measures as well as the response to inquiries is Art. 6 (1) lit. b GDPR, the legal basis for processing in order to fulfill our legal obligations is Art. 6 (1) lit. c GDPR, and the legal basis for processing in order to safeguard our legitimate interests is Article 6 (1) lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR as legal basis.

Security measures

In accordance with Art. 32 GDPR, we take into account the state of the technology, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the probability and severity of the risk to the rights and freedoms of individuals and make appropriate technical and organizational measures to ensure a level of protection commensurate with the risk. Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as their access, input, disclosure, availability and separation. We have also set up procedures to ensure the recognition of data subject rights, to delete data and to respond to incidents if necessary. Furthermore, we already consider the protection of personal data in the development or selection of hardware, software and procedures, according to the principle of data protection through technology design and privacy-friendly default settings (Article 25 GDPR).

Collaboration with contract processors and third parties

If, in the course of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit them to them or otherwise grant access to the data, this will only be done on the basis of a legal permission (e.g., if the data is transmitted to third parties, as to payment service providers, in accordance with Article 6 (1) (b) GDPR is required to fulfill the contract), or you have consented to a legal obligation or on the basis of our legitimate interests (eg the use of agents, webhosters, etc .). Insofar as we commission third parties to process data on the basis of a so-called "contract processing contract", this is done on the basis of Art. 28 GDPR.

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or in the context of the use of third party services or disclosure, or transmission of data to third parties, this is done only if it is to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only under special conditions of Art. 44 et seq. GDPR. That the processing is e.g. based on specific guarantees, such as the officially recognized level of data protection (for example, the US Privacy Shield) or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").

Rights of data subjects

You have the right to request a confirmation as to whether the data in question is being processed and for information about this data as well as for further information and a copy of the data in accordance with Art. 15 GDPR. You have accordingly Art. 16 GDPR the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you. In accordance with Art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, to require a restriction of the processing of data in accordance with Art. 18 GDPR. You have the right to demand that the data relating to you, which you have provided to us, be obtained in accordance with Art. 20 GDPR and request their transmission to other persons responsible. In accordance with Art. 77 GDPR, you have the right to file a complaint with the competent supervisory authority.

Withdrawal

You have the right to withdraw your consent in accordance with Article 7 (3) GDPR with effect for the future.

Right of objection

You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The opposition may in particular be made against processing for direct marketing purposes.

Cookies and Right to Oppose Direct Mail

"Cookies" are small files that are stored on users' computers. Different information can be stored within the cookies. A cookie is primarily used to store the information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online service and closes his browser. In such a cookie, examples of data that could be saved include the contents of a shopping cart in an online shop or a login status. The term "permanent" or "persistent" refers to cookies that remain stored even after the browser has been closed. Thus, for example, the login status will be saved if users visit it after several days. Likewise, in such a cookie the interests of the users can be stored, which are used for range measurement or marketing purposes. A "third-party cookie" refers to cookies that are offered by providers other than the person who manages the online offer (otherwise, if it is only their cookies, this is called "first-party cookies"). We can use temporary and permanent cookies and clarify this in the context of our privacy policy. If users do not want cookies stored on their computer, they will be asked to disable the option in their browser's system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer. A general contradiction to the use of cookies used for online marketing purposes of many services, especially in the case of tracking, can be found and explained on the US page http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. Furthermore, the usage of cookies can be prohibited by disabling them in the settings of the browser. Please note that it may then not be possible to use all features of this online offer.

Deletion of data

The data processed by us will be deleted or restricted in accordance with Art. 17 and 18 GDPR. Unless explicitly stated in this privacy policy, the data stored by us are deleted as soon as they are no longer required for their purpose and the deletion does not conflict with any statutory storage requirements. Unless the data is not deleted because it is required for other and legitimate purposes, its processing will be restricted, for example, the data will be blocked and not processed for other purposes. This applies, for example, for data that must be kept for commercial or tax reasons. According to legal requirements in Germany, the storage takes place in particular for 10 years according to §§ 147 Abs. 1 AO, 257 Abs. 1 Nr. 1 and 4, Abs. 4 HGB (books, records, management reports, accounting documents, trading books, relevant for taxation Documents, etc.) and 6 years in accordance with § 257 (1) no. 2 and 3, para. 4 HGB (commercial letters). According to legal regulations in Austria the storage takes place especially for 7 years according to § 132 paragraph 1 BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years in the case of documents related to electronically supplied services, telecommunications, broadcasting and television services provided to non-EU companies in EU Member States for which the Mini-One-Stop-Shop (MOSS) is used.

Administration, Financial Accounting, Office Organization, Contact Management

We process data in the context of administrative tasks as well as organization of our business, financial accounting and compliance with legal obligations, such as: archiving. In doing so, we process the same data that we process in the course of rendering our contractual services. The processing principles are Art. 6 para. 1 lit. c. GDPR, Art. 6 para. 1 lit. f. GDPR. The processing affects customers, prospects, business partners and website visitors. The purpose and interest in processing lies in administration, financial accounting, office organization, data archiving, that is, tasks that serve to maintain our business, perform our duties and provide our services. The deletion of the data in terms of contractual performance and contractual communication corresponds to the information provided in these processing activities. We disclose or transmit data to the financial administration, consultants, such as tax accountants or auditors, and other fee agents and payment service providers. Furthermore, based on our business interests, we store information about suppliers, promoters and other business partners, e.g. for later contact. We generally store this majority of company-related data permanently.

Registration function

Users can create a user account. As part of the registration, the required mandatory information is communicated to the users and based on Art. 6 para. 1 lit. b GDPR processed for purposes of providing the user account. The processed data include in particular the login information (name, password and an e-mail address). The data entered during registration will be used for the purpose of using the user account and its purpose. Users may be informed via e-mail on information relevant to their user account, e.g. technical changes. If users have terminated their user account, their data will be deleted with respect to the user account, subject to a statutory retention requirement. It is the responsibility of the users to secure their data upon termination before the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract. As part of the use of our registration and registration functions as well as the use of the user account, the IP address and the time of the respective user action will be saved. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is necessary for the prosecution of our claims or there is a legal obligation in accordance with. Art. 6 para. 1 lit. c GDPR. The IP addresses will be anonymized or deleted after 30 days at the latest.

Contact

When contacting us (for example, by contact form, e-mail, telephone or via social media), the information provided by the user to process the contact request and its processing in accordance with. Art. 6 para. 1 lit. b) GDPR processed. User information can be stored in a Customer Relationship Management System ("CRM System") or comparable request organization. We delete the requests, if they are no longer required. We check the necessity every two years; Furthermore, the legal archiving obligations apply.

Hosting and Emailing

The hosting services we use are designed to provide the following services: infrastructure and platform services, computing capacity, storage and database services, e-mail delivery, security and technical maintenance services we use to operate this online service. Here we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer acc. Art. 6 para. 1 lit. f GDPR i.V.m. Art. 28 GDPR (conclusion of contract processing contract).

Collection of access data and log files

We, or our hosting provider, collects on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR Data on every access to the server on which this service is located (so-called server log files). The access data includes name of the retrieved web page, file, date and time of retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider. Logfile information is stored for security purposes (for example, to investigate abusive or fraudulent activities) for a maximum of 30 days and then deleted. Data whose further retention is required for evidence purposes shall be exempted from the deletion until final clarification of the incident.

Online social media presence

We maintain online presence within social networks and platforms in order to communicate with customers, prospects and users active there and to inform them about our services. When calling the respective networks and platforms, their terms, conditions and data processing guidelines apply. Unless otherwise stated in our Privacy Policy, we process users' data in case they communicate with us within social networks and platforms, e.g. write posts on our online presence or send us messages.

Integration of Services and Third Party Content

Within our online offer based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. GDPR), we make use of third-party content or service offerings their contents and services, such as include videos or fonts (collectively referred to as "content"). This always presupposes that the third-party providers of this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, visit time, and other information regarding the use of our online offer.

Youtube

We include the videos from the YouTube platform of Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.

Google Fonts

We include the fonts ("Google Fonts") provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/,opt-out: https://adssettings.google.com/authenticated.

By using our offer, you agree to the use of your data as set forth herein. TOPSIM reserves the right to modify existing privacy policies, delete and expand positions. We will inform you about every change. With the further use you agree to the change of the conditions.