Last update: 13.03.2023
1. Name and address of the Controller
Responsible within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:
Tel.: +49 (0)341 355 920 50
2. Name and address of the data protection officer
Tel.: +49 (0)341 355 920 50
3. General information on data processing
3.1 Scope of the processing of personal data
We process personal data of our users only insofar as this is necessary for the provision of a functional website and our content and services. The processing of personal data of our users takes place regularly only after consent of the user. An exception applies in those cases where obtaining prior consent is not possible for actual reasons and the processing of the data is permitted by legal regulations.
3.2 Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing operations involving personal data, Art. 6 (1) lit. a of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) lit. b of the GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
Insofar as the processing of personal data is necessary for the fulfillment of a legal obligation to which our company is subject, Art. 6 (1) lit. c of the GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Art. 6 (1) lit. d of the GDPR serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the former interest, Art. 6 (1) lit. f of the GDPR serves as the legal basis for the processing.
3.3 Data deletion and storage duration
The personal data of the data subject shall be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.
4. Provision of the website and creation of log files
4.1 Description and scope of data processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer. The following data is collected:
Information about the browser type and version used
The operating system of the user
The Internet service provider of the user
The IP address of the user
Date and time of access
Websites from which the user's system accesses our Internet site
Websites that are called up by the user's system via our website
The data is also stored in the log files of our system. Not affected by this are the IP addresses of the user or other data that allow the data to be assigned to a user. A storage of this data together with other personal data of the user does not take place.
4.2 Legal basis for data processing
The legal basis for the temporary storage of the data and the log files is Art. 6 (1) lit. f of the GDPR.
4.3 Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the IP address of the user must remain stored for the duration of the session.
The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes are also our legitimate interest in data processing according to Art. 6 (1) lit. f of the GDPR.
4.4 Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
4.5. Possibility of objection and removal
The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. Consequently, there is no possibility of objection for the user.
5.1 Description and scope of data processing
We use "cookies" to improve your user experience. Cookies are small text files that are temporarily stored on your computer through your browser.
5.2 Legal basis for data processing
5.3 Purpose of data processing
5.4 Duration of storage
5.5 Possibility of objection and removal
5.6 Cookies used
6 E-mail contact
6.1 Description and scope of data processing
On our website, it is possible to contact us via the e-mail address provided. In this case, the personal data of the user transmitted with the e-mail will be stored. In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.
6.2 Legal basis for data processing
The legal basis for the processing of the data is Art. 6 (1) lit. a of the GDPR if the user has given his consent. The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 (1) lit. f of the GDPR. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b of the GDPR.
6.3 Purpose of data processing
The processing of personal data from the input mask serves us solely to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
6.4 Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
6.5 Possibility of objection and removal
The user has the option to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued. All personal data stored in the course of contacting us will be deleted in this case.
7 Information obligation
7.1 Applications and application procedure
The controller collects and processes the personal data of applicants for the purpose of handling the application procedure. The processing may also take place electronically. This is the case, in particular, when an applicant submits relevant application documents to the controller by electronic means, for example, by e-mail or via a web form located on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller conflict with such deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the Allgemeines Gleichbehandlungsgesetz (AGG).
7.2 User Acceptance Tests (UAT)
The controller collects and processes the personal data of participants in UATs for the purpose of the organizational management thereof. The processing may also take place electronically. This is particularly the case if a potential participant in a UAT contacts the contact person of APPSfactory by electronic means, for example by e-mail. If the potential participant takes part in a UAT and/or declares his or her interest in participating in future UATs conducted by APPSfactory, the transmitted data will be stored for the purpose of contacting and assessing the potential participant's suitability for the corresponding UAT in compliance with the statutory provisions. If the potential test person withdraws from his or her interest in participating in a (further) UAT, the personal data will be automatically deleted two months after the corresponding notification, provided that no other legitimate interests of the controller oppose deletion.
We use the web analysis tool "Matomo" to design our websites according to demand. Matomo creates usage profiles based on pseudonyms. For this purpose, permanent cookies are stored on your device and are read by us. In this way, we are able to recognize and count returning visitors.
The data processing is based on your consent in accordance with § 25 para. 1 TTDSG, Art. 6 para. 1 lit. a DSGVO, provided that you have given your consent via our banner. You can revoke your consent at any time. Please configure the appropriate settings via our banner.
Matomo does not transmit data to servers that are outside the control of Appsfactory GmbH.
9. Rights of the data subject
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights in relation to the controller:
9.1 Right of information
You may request confirmation from the controller as to whether personal data concerning you are being processed by us. If there is such processing, you can request information from the controller about the following:
the purposes for which the personal data are processed;
the categories of personal data which are processed;
the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage duration;
the existence of a right to rectification or deletion of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
the existence of a right of appeal to a supervisory authority;
any available information on the origin of the data, if the personal data are not collected from the data subject;
the existence of automated decision-making, including profiling, pursuant to Art. 22 (1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information about whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 of the GDPR in connection with the transfer.
9.2 Right to rectification
You have a right to rectification and/or completion towards the controller, if the processed personal data concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.
9.3 Right to restriction of processing
Under the following conditions, you may request the restriction of the processing of personal data concerning you:
if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
the controller no longer needs the personal data for the purposes of processing, but you need them for the assertion, exercise or defense of legal claims, or
if you have objected to the processing pursuant to Art. 21 (1) of the GDPR and it has not yet been determined whether the controller's legitimate grounds override your grounds.
Where the processing of personal data concerning you has been restricted, such data may be processed, with the exception of their storage, only with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
9.4 Right of deletion
9.4.1 Obligation to delete
You may request the controller to delete the personal data concerning you without undue delay, and the controller is obliged to delete such data without undue delay, if one of the following reasons applies:
The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
You revoke your consent on which the processing was based pursuant to Art. 6 (1) a or Art. 9 (2) a of the GDPR and there is no other legal basis for the processing.
You object to the processing pursuant to Art. 21 (1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) of the GDPR.
The personal data concerning you has been processed unlawfully.
The deletion of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8 (1) of the GDPR.
9.4.2 Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17 (1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.
The right to erasure does not exist insofar as the processing is necessary
to exercise the right to freedom of expression and information;
for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
for reasons of public interest in the area of public health pursuant to Art. 9 (2) (h) and (i) and Art. 9 (3) of the GDPR;
for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89 (1) of the GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or
for the assertion, exercise or defense of legal claims.
9.5 Right of information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed about these recipients by the data controller.
9.6 Right of data portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that
the processing is based on consent pursuant to Art. 6 (1) a of the GDPR or Art. 9 (2) a of the GDPR or on a contract pursuant to Art. 6 (1) b of the GDPR and
the processing is carried out with the help of automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
9.7 Right of objection
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6 (1) (e) or (f) of the GDPR; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.
If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services - notwithstanding Directive 2002/58/EC - to exercise your right to object by means of automated procedures using technical specifications.
9.8 Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
9.9 Automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
is necessary for the conclusion or fulfillment of a contract between you and the controller,
is permitted by legislation of the Union or the Member States to which the controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
is done with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Article 9 (1) of the GDPR, unless Article 9 (2) (a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms of, and the legitimate interests of, the data subject, which shall include, at least, the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.
9.10 Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 of the GDPR.
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