Privacy Policy

September 2024

We (i.e. the company providing you with this privacy policy or named as the operator of this site in the imprint) take the protection of your personal data seriously. This privacy policy describes how we collect, use, disclose, transfer, and store ("process") your personal data. The personal data collected depends on the context of your interactions with us, the products, services, and features you access, your location, and the applicable law.

1. Processing of Personal Data in Connection with Your Use of Our Websites, Applications, and Online Services Data Categories and Purpose of Processing

As part of your use of our external and internal websites, applications or online services (each an "Online Offer"), we process the following categories of personal data:

- Your contact information, such as first and last name, business address, business phone number, business mobile number, and business email address,

- Organizational information, including position and company name,

- Further personal data you provide yourself in contact and other forms of an Online Offer,

- Information you provide as part of a support request, survey, comment, or forum contribution,

- Information automatically collected when using an Online Offer, such as your device and user identifier, information about your operating system, pages and services you accessed during your visit, and the date and time of a user request.

We process your personal data for the following purposes:

- To enable you to use the services and features of the Online Offers, including to create and manage your online account, as part of updates, security, and troubleshooting measures,

- To provide customer support and to improve and further develop our Online Offers,

- To invoice your use of an Online Offer, to verify your identity and to facilitate user authentication,

- To process your request or instruction,

- To process your order and make related information and offers available to you,

- To contact you with information and offers about our products and services and to send you further marketing information or contact you as part of customer satisfaction surveys,

- To enforce our terms of use, assert or defend legal claims and to prevent and combat fraudulent and similar acts, including attacks on our IT infrastructure.

Online Offers Provided by Your Company

In certain cases, our Online Offers are provided to you by the company with which you are employed. If you use an Online Offer provided by your company, the processing of personal data input by you or your company into the content of the Online Offer is performed on behalf of and in accordance with instructions from your company, and within the scope of a data processing agreement between your company and us. In these cases, your company is legally responsible for data protection. If you have questions about personal data we process as a processor for your company, please contact your company.

2. Processing of Personal Data in Connection with Your Use of Our Marketplaces Data Categories and Purpose of Processing

In connection with your use of our marketplaces (each referred to as a "Marketplace"), we process the following categories of personal data:

- Your contact information, such as first and last name, business address, business phone number, business mobile number and business email address,

- Organizational information, including position and company name,

- Payment data, such as details required to process payment transactions or fraud prevention, including credit card information and card verification numbers,

- Further personal data you provide yourself in contact and other forms of a Marketplace,

- Information you provide as part of a support request, survey, comment, or forum contribution;

- Information legally required for compliance and export control screenings, like date of birth,

citizenship, residence, ID numbers, information on relevant legal proceedings and other legal disputes, and

- Information automatically collected when using a Marketplace, such as your device and user ID,

information about your operating system, the pages and services you accessed during your visit, as well as

the date and time of a user request.

We process your personal data for the following purposes:

- Communicate with you about our services and products, e.g., to process your inquiries or provide technical information about products,

- Planning, performing, and managing the (contractual) business relationships, e.g., to process orders for products and services, collect payments, for accounting and billing purposes, and to carry out deliveries, maintenance activities, or repairs,

- Contact for information and offers about our products and services and conducting further marketing activities and customer satisfaction surveys,

- Maintain and protect the security of our products and services as well as our websites; prevent and uncover security risks, fraud, or other criminal or harmful actions,

- Comply with legal requirements (e.g., tax and commercial law retention obligations), existing obligations to carry out compliance screenings (to prevent business crime or money laundering), as well as our policies and industry standards and

- Resolve legal disputes, enforce existing contracts and to assert, exercise, and defend legal claims.

3. Processing of Personal Data from Business Partners Data Categories and Purpose of Processing

In the context of collaborating with business partners, we process personal data from end customers and contact persons at customers, prospects, sales partners, suppliers, and partners (each referred to as a "Business Partner"):

- Contact information, such as first and last names, business address, business phone number, business mobile number, and business email address,

- Organizational information, including position and company name,

- Payment data, such as details required to process payment transactions or fraud prevention, including credit card information and card verification numbers,

- Additional information whose processing is necessary for a project or the administration of a contractual relationship with us or indicated voluntarily by business partners, e.g., as part of placed orders, inquiries, or project details,

- Personal data collected from publicly available sources (including company or occupational social networks and websites), information databases, or from credit bureaus and

- Information legally required in the context of compliance and export control screenings, such as date of birth,

citizenship, residence, ID numbers, information on legal proceedings, and other legal disputes in which business partners are involved.

We process personal data for the following purposes:

- Communication with business partners about products, services, and projects, e.g., to handle the business partner's inquiries or to provide technical information on products,

- Planning, performing, and managing the (contractual) business relationship between the business partner and us, e.g., to process orders for products and services, collect payments, for accounting and billing purposes, and to carry out deliveries, maintenance activities, or repairs,

- Creating a personal profile with business-related information on interactions between you and us to provide you and the company you work for with relevant information and suitable offers for services and products and improve our personal communication with you,

- Conducting market analyses, competitions, contests, or similar activities and events,

- Contact for information and offers about our products and services and conducting further marketing activities and customer satisfaction surveys,

- Maintain and protect the security of our products and services as well as our websites; prevent and uncover security risks, fraudulent behavior or other criminal or harmful actions,

- Resolve legal disputes, enforce existing contracts and to assert, exercise, and defend legal claims.

4. Processing of Personal Data for Customer Satisfaction Surveys and Direct Marketing

Within the scope of applicable laws, we may use your contact data for direct marketing purposes (e.g., trade fair invitations, newsletters with information and offers about our products and services) and to conduct customer satisfaction surveys, each also by email. You have the right to object to the use of your contact data for these purposes at any time by sending an email to contact@BAENG.IT or by using the objection option provided in the message you received.

5. Processing of Personal Data in Connection with Your Application

If you apply for a position with us, we process your personal data as described in the privacy policy of the BAENG.IT Recruiting Portal or the application platform you use.

6. Transfer and Disclosure of Personal Data

We transfer your personal data only as described below:

Companies and Sales Partners

For the purpose and to the extent necessary to conduct our business relationship with you, we transfer your personal data to our companies and other third parties (e.g., sales partners and agents). For instance, certain products and services are distributed only through local business relationships, and in such a case, we transfer your personal data to our respective local companies or other sales partners that manage the business relationship with you.

Transactions on Our Marketplaces

Via our marketplaces, we also provide products, services, and offers from our companies and other third parties. We transfer personal data of our customers in connection with these transactions to the relevant company and/or other third parties.

Service Providers

We contract companies and other enterprises to perform tasks on our behalf, e.g., manufacturers, service providers, IT services, or payment processing. These companies and other enterprises process personal data exclusively for the purpose of the contracted products and services.

Other Third Parties

We transfer personal data in connection with fulfilling legal obligations or establishing, exercising, or defending rights or claims to other third parties (e.g., for court and arbitration proceedings, regulatory, law enforcement, and government authorities, lawyers, and advisors). Recipients of your personal data may be located outside the country in which you are resident. Personal data published by you via online offers (e.g., in chatrooms or forums) may be accessible to other registered users of the respective online offer worldwide.

7. Storage Periods

Unless an explicit storage period is specified upon collection (e.g., as part of a consent declaration), your personal data will be deleted insofar as they are no longer necessary to fulfill the purpose of the storage unless legal retention obligations (e.g., commercial and tax law retention obligations) oppose deletion.

8. Your Rights

Under applicable data protection law, you may have the right to:

- Request confirmation as to whether we process personal data about you and obtain information about the personal data we process,

- Request the correction of inaccurate personal data,

- Request the deletion of personal data we process,

- Request the restriction of the processing of personal data,

- Request the transfer of personal data you actively provided to us,

- Object to the processing of personal data for reasons arising from your particular situation, or

- Withdraw a given consent.

9. Data Security

We take appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or unauthorized access.

10. Contact Person

Our privacy organization supports all questions around data protection. Complaints can also be addressed to our privacy organization, and the rights mentioned in this privacy policy can be asserted.

Our privacy organization can be contacted at datenschutz@BAENG.IT.

Our privacy organization is always endeavoring to address and rectify your inquiries and complaints. Besides contacting the privacy organization, you also have the option of contacting the relevant data protection supervisory authority at any time.

11. Processing of Personal Data within the Scope of the EU General Data Protection Regulation

This paragraph applies if your personal data is processed by one of our companies located in the European Economic Area.

Data Controller for Processing Online Offers

The controller responsible under the General Data Protection Regulation for the processing activities described in this privacy policy is the company named in the legal notice of the online offer.

Marketplaces

The company listed as the operator of the marketplace is the data controller for the data processing.

Personal Data of Business Partners in Our Customer Relationship Systems

We may share the contact information of business partners as part of your business relationship with us with other companies. We and these companies are jointly responsible for protecting your personal data (Art. 26 GDPR). To ensure that you can exercise your data protection rights under this joint responsibility simply and reliably, we have agreed with these companies that you can assert your data subject rights described in section 6 not only with the respective company but also centrally with SCAILE Technologies GmbH. Please contact us at: datenschutz@BAENG.IT.

Legal Basis of Processing

The General Data Protection Regulation requires BAENG.IT to inform you of the legal basis for data processing. Unless expressly stated otherwise at the time of collection, the legal basis for data processing is:

- The performance and fulfillment of a contract with you (Article 6 (1) (b) GDPR) ("Contract Execution"),

- Compliance with legal obligations to which we are subject (Article 6 (1) (c) GDPR) ("Compliance with Legal Obligations"), or

- Protection of our legitimate interests (Article 6 (1) (f) GDPR) ("Legitimate Interest in Processing").

Our legitimate interest lies in processing your personal data for the purposes:

(i) Of offering and operating the online offers, and

(ii) In initiating, executing, and handling our business relationship.

Where our Legitimate Interest in Processing is indicated as the legal basis for processing your personal data in the table below, we believe that your interests, fundamental rights, and freedoms are adequately considered because:

(i) We regularly review the processing activities described in this privacy policy and the underlying processes,

(ii) We take into account the protection of your personal data in our processes, including the Binding Corporate Rules to protect personal data (BAENG.IT Binding Corporate Rules),

(iii) We ensure transparency of our processing activities, and

(iv) You are entitled to the aforementioned rights with respect to our processing activities.

If you would like further information on the balancing of interests described, please contact our privacy organization at datenschutz@BAENG.IT.

If you have provided your express consent to the processing of your personal data in an individual case, this consent is the legal basis for processing (Article 6 (1) (a) GDPR) ("Consent").

Processing of Personal Data in Connection with the Use of Our Online Offers - Purpose and Legal Basis

- Enable the use of the services and features of the online offers, including to create and manage your online account, as part of updates, security, and troubleshooting measures, to provide customer support and to improve and further develop our online offers

- Contract Execution (Article 6 (1) (b) GDPR)