Thank you for visiting our website. Compliance with data protection regulations is of particular importance to us. The aim of this data protection declaration is to inform you as the user of the website about the type, scope and purpose of the processing of personal data and the rights that exist for you, insofar as you apply as a data subject within the meaning of Article 4 No. 1 of the General Data Protection Regulation.

1. Responsible body

This website and the range of services are operated by:

SmarAct GmbH
Schuette Lanz Str. 9
D-26135 Oldenburg
Germany

Tel .: +49 (0) 441 800 879-0
Fax: +49 (0) 441 800 879-21
Email: info@smaract.com

2. General

We have designed the development of the website to collect as little data from you as possible. In principle, it is possible to visit our website without providing personal data. Only when you decide to use certain services (e.g. use of the contact form) will the processing of personal data become necessary. We always take care to process your personal data only in accordance with a legal basis or with your consent. We adhere to the regulations of the General Data Protection Regulation (GDPR) that have been in force since May 25, 2018 and the applicable national regulations, such as the Federal Data Protection Act, the Telemedia Act or other more specific data protection laws.

3. Purpose and legal basis for processing personal data

We always process your personal data for a specific purpose. In summary, we process your personal data for the following purposes:

1. In order to be able to process your request with you in the event of contact inquiries (e.g. email address, first name, last name);
2. In order to be able to send you an offer after your request for an offer (offer form).
3. For the technical implementation of our website and to be able to provide you with our information on this website (e.g. IP address, cookies, browser information)
4. To send a newsletter with information about our services and news about our services (e.g. name, email address)
5. In order to receive and process your application for one of our job offers.

The specific purposes are described for the processing presented here (e.g. contact form, web analysis, ordering process, etc.).

Regarding the legal basis for the processing of your personal data:

We process personal data that is necessary for the establishment, implementation or processing of our range of services (contract processing) on ​​the legal basis of Art. 6 (1) lit. b GDPR. Insofar as we obtain your consent for the processing of your personal data, the consent according to Art. 6 Para. 1 lit. a GDPR is the legal basis for data processing. Data processing is also permitted if we process your data to protect our legitimate interests and do not outweigh your interests or fundamental rights and freedoms with regard to the processing of personal data. Insofar as we use external service providers in the context of order data processing, the processing takes place on the legal basis of Art. 28 GDPR.

4. Personal data collected and processed

As part of our website, we collect and process certain personal data from you. You can tell which data is being processed on the one hand by what data you have to provide when filling out forms on the website (e.g. contact form or order form) and on the other hand we inform you about the processed data for the processing operations described here. In summary, we collect and process the following data from you via our website:

General contact details:

• Salutation
• Name first Name
• Address (street, house number, post code, town)
• Phone number
• E-mail address
• content of the message

Online application:

• Name first Name
• Street, house number
• Postcode
• place
• E-mail address
• Phone number
• message
• Application documents
• How did you hear about us?

Newsletter Sign up:

• Name first Name
• E-mail address

We will only collect and process your data for the purposes stated in this data protection declaration. Any use beyond the stated purpose requires your express consent. The same applies to the transfer and transmission of your data to third parties.

5. Collection of personal data when visiting our website

If you only use the website for informational purposes, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you would like to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security (legal basis is Art. 6 Para. 1 S. 1 lit. f GDPR ):

• IP address
• Date and time of the request
• Time zone difference from Greenwich Mean Time (GMT)
• Content of the request (specific page)
• Access status / HTTP status code
• amount of data transferred in each case
• Website from which the request comes
• Browser
• Operating system and its surface
• Language and version of the browser software.

In addition to the aforementioned data, cookies are stored on your computer when you use our website. You can find more information on this under the point "Cookies" in this data protection declaration.

6. Integration of services from other providers

Our website uses content, services and performance from other providers. These are, for example, services for statistical analysis for the use and visit to our website, or for the integration of videos from video platforms, such as YouTube or Vimeo. So that this data can be called up and displayed in the user's browser, the transmission of the user's IP address to this third-party provider is absolutely necessary.

Even if we endeavor to use only third-party providers who only need the IP address in order to be able to deliver content or even work with anonymized IP addresses, we have no influence on whether the IP address may be saved. Information on the third-party providers used can be found below in this data protection declaration.

7. Cookies

Information is collected and stored on our website through the use of so-called browser cookies. Cookies are small text files that are stored on your data carrier and save certain settings and data for exchange with our system via your browser. A cookie usually contains the name of the domain from which the cookie data was sent, information about the age of the cookie and an alphanumeric identifier.

Cookies enable our systems to recognize the user's device and to make any default settings available immediately. As soon as a user accesses the platform, a cookie is transferred to the hard drive of the user's computer. Cookies help us to improve our website and to be able to offer you a better and more customized service. They enable us to recognize your computer or your (mobile) device when you return to our website and thereby:

• Store information about your preferred activities on the website and thus tailor our website to your individual interests.
• To speed up the processing of your inquiries.

We work with third-party services that help us make the website and the website more interesting for you. Therefore, when you visit the website, cookies from these partner companies (third-party providers) are also saved on your hard drive. These are cookies that are automatically deleted after the specified time.

You can find a list of the cookies we set in the table below:

If you do not wish to use browser cookies, you can set your browser so that the storage of cookies is not accepted. Please note that in this case you may only be able to use our website to a limited extent or not at all. If you only want to accept our own cookies, but not the cookies of our service providers and partners, you can select the "Block third-party cookies" setting in your browser. We are not responsible for the use of third party cookies.

8. Establishing contact (contact forms, offer forms, etc.)

You can contact us by email or via our contact form (offer form for business customers). In this case, we save the personal data transmitted by you in order to process your request and to contact you to process your request. Insofar as we request information via our contact form, we have marked the required fields for contacting us accordingly (asterisk). The voluntary information helps us to clarify your request and to improve the handling of your request. You will transmit the requested data to us on a purely voluntary basis.

Depending on the type of request, the legal basis for this processing is Art. 6 para. 1 lit. b GDPR for inquiries that you make yourself as part of a pre-contractual measure or Art. 6 para. 1 sentence 1 lit. f GDPR if your request is of a different nature. The legitimate interest follows from the 3 a.) Mentioned purposes. Should

personal data are requested, which we do not need for the fulfillment of a contract or to protect legitimate interests, the transmission to us takes place on the basis of a consent given by you according to Art. 6 Para. 1 lit. a GDPR.

9. Application process

We publish job offers on our website, to which you can apply by email. If you decide to apply for an open position, we will process the personal data you have provided there and transmitted to us only for the purpose of carrying out the application process.

In the event of a cancellation, we will delete your data as soon as a retention period of 6 months required by labor law has expired. The period begins with the dispatch of the cancellation. If you have expressly consented to the further use of your data for a later address regarding positions that may be of interest to you, we will continue to keep your data in accordance with your consent. We will not pass on your personal data to third parties outside the specific application process without your express consent or without a legal basis.

To assess an application, we do not need any information on the so-called "special categories of personal data" in the application process. These are data from which the racial and ethnic origin, political opinions, religious or ideological beliefs or union membership emerge, as well as genetic data, biometric data for the unique identification of a natural person, health data or data on the sexual life or sexual orientation of a natural person. If the data you provide contains such information, we can only process your application if you give us explicit consent to save these special categories of personal data. We would have to obtain this consent from you separately,

The legal basis for the processing of your personal data in the context of the application process is Section 26 (1) in conjunction with Section 2 BDSG.

10. Google Analytics

Our website uses functions of the web analytics service Google Analytics. The provider of the web analysis service is Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Google Analytics uses "cookies". These are small text files that your web browser saves on your device and enable an analysis of website use. Information about cookies generated. Your use of our website is transmitted to a Google server and stored there. The server location is usually the USA. Google Analytics cookies are set on the basis of Art. 6 Para. 1 lit. f GDPR. As the operator of this website, we have a legitimate interest in analyzing user behavior in order to optimize our website and possibly also advertising.

We use Google Analytics in conjunction with the IP anonymization function. It ensures that Google shortens your IP address within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before it is transmitted to the USA. There may be exceptional cases in which Google transmits the full IP address to a server in the USA and shortens it there. On our behalf, Google will use this information to evaluate your use of the website, to create reports on website activity and to provide us with other services related to website activity and internet usage. The IP address transmitted by Google Analytics is not merged with other Google data.

The setting of cookies by your web browser can be prevented. However, some functions of our website could be restricted. You can also prevent the collection of data regarding your website usage including your IP address and subsequent processing by Google. You can do this by downloading and installing the browser plug-in that can be accessed via the following link:https://tools.google.com/dlpage/gaoptout?hl=de.

You can find details on the handling of user data at Google Analytics in Google's data protection declaration: https://support.google.com/analytics/answer/6004245?hl=de.

In order to fully comply with the legal data protection requirements, we have concluded a contract with Google for order processing.

Alternatively, you can prevent Google Analytics from collecting data by setting an "opt-out cookie" by clicking <a href="javascript:gaOptout()"> here </a>. If you delete the cookies in your browser, you must then click this link again.

Google's privacy policy can be found at: https://policies.google.com/privacy/partners?hl=de

11. Google Tag Manager

Our website uses the Google Tag Manager. This service enables website tags to be managed via an interface. The Google Tool Manager only implements tags. That means: there will be no cookies are used and no personal data is collected. The Google Tool Manager triggers other tags, which in turn may collect data. However, the Google Tag Manager does not access this data. If deactivation has been carried out at the domain or cookie level, it remains in place for all tracking tags insofar as these are implemented with the Google Tag Manager. The deactivationat the domain or cookie level remains for all tracking tags that are implemented with Google Tag Manager. Google's privacy policy can be found at: https://policies.google.com/privacy/partners?hl=de

The company Google is certified for the US-European data protection convention "Privacy Shield". This data protection agreement is intended to ensure compliance with the data protection level applicable in the EU.

12. Google AdSense

Our website uses Google AdSense. The provider is Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.

Google AdSense is used to integrate advertisements and sets cookies. Cookies are small text files that your web browser stores on your device to analyze the use of the website. Google AdSense also uses web beacons. Web beacons are invisible graphics that enable an analysis of the visitor traffic on our website. Information generated by cookies and web beacons is transmitted to Google servers and stored there. The server location is the USA. Google can pass this information on to contractual partners. However, Google will not combine your IP address with other data stored by you.

AdSense cookies are stored on the basis of Art. 6 Para. 1 lit. f GDPR. As the website operator, we have a legitimate interest in analyzing user behavior in order to optimize our website and advertising. With a modern web browser, you can monitor, restrict and prevent the setting of cookies. Deactivating cookies can result in limited functionality of our website.

The company Google is certified for the US-European data protection convention "Privacy Shield". This data protection agreement is intended to ensure compliance with the data protection level applicable in the EU.

For details on Google's privacy policy, please visit: http://www.google.de/policies/privacy/

13. Google AdWords and Google Conversion Tracking

Our website uses Google AdWords. The provider is Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, United States.

AdWords is an online advertising program. As part of the online advertising program, we work with conversion tracking. After clicking on an advertisement placed by Google, a cookie is set for the conversion tracking. Cookies are small text files that your web browser stores on your device. Google AdWords cookies lose their validity after 30 days and are not used to personally identify users. Google and we can see from the cookie that you have clicked on an advertisement and have been forwarded to our website. “Conversion cookies” are saved on the basis of Art. 6 Para. 1 lit. f GDPR. As the website operator, we have a legitimate interest in analyzing user behavior in order to optimize our website and advertising.

Every Google AdWords customer receives a different cookie. The cookies cannot be traced via the websites of AdWords customers. Conversion cookies are used to generate conversion statistics for AdWords customers who use conversion tracking. Adwords customers find out how many users clicked on their ad and were redirected to pages with a conversion tracking tag. However, AdWords customers do not receive any information that enables personal identification of the users. If you do not want to participate in tracking, you can object to its use. Here the conversion cookie must be deactivated in the user settings of the browser. So there is no inclusion in the conversion tracking statistics.

You can find details on Google AdWords and Google Conversion Tracking in Google's data protection regulations: https://www.google.de/policies/privacy/.

With a modern web browser you can go to https://www.google.com/settings/ads/onweb/Monitor, restrict or prevent the setting of cookies. Deactivating cookies can result in limited functionality of our website.

14. Use of Google Dynamic Remarketing

Our website uses Google Dynamic Remarketing.The provider is Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, United States.

Our website uses a pixel provided by Google, which creates a direct connection to the Google servers. It is transmitted to the Google server that you have visited our website. Google links this information with a unique ID, which is stored on your device in the form of a cookie or provided by your device. Unless you visit other websites that too using Google Dynamic Remarketing, this information is also linked to your unique ID. However, it is not clear to us which other websites you visit.

If you do not want data exchange with Google, seehttps://support.google.com/ads on the Google website, information on how to prevent the display of personalized advertising.

The company Google is certified for the US-European data protection convention "Privacy Shield". This data protection agreement is intended to ensure compliance with the data protection level applicable in the EU.

For details on Google's privacy policy, please visit: http://www.google.de/policies/privacy

15. Use of Google Maps

Our website uses the Google Maps map service to integrate and display map content. This service is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.

By calling up a page with an integrated map from Google Maps, your IP address is recorded. This information is usually transferred to a Google server in the USA and stored there. Google finds out your IP address, even if there is no user account that you are logged in to. If you are logged into your user account, Google can assign your surfing behavior directly to your personal profile. You can prevent this by logging out beforehand. The provider of this page has no influence on this data transmission.

The use of Google Maps is in the interest of an attractive presentation of our online offers and to make it easier to find the places we have indicated on the website. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.

You can find details on the handling of user data in Google's data protection declaration: https://www.google.de/intl/de/policies/privacy/.

16. Using DoubleClick

Our website uses the online marketing tool DoubleClick by Google. The provider is Google LLC., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.

Cookie IDs also help DoubleClick to record conversions related to ad requests. This is the case, for example, if you see a DoubleClick ad and later make a purchase using the same web browser on the advertiser's website. According to Google, no personal information is stored in DoubleClick cookies.

Because of the marketing tools used, your browser automatically establishes a direct connection to the Google server. We have no influence on the scope and use of the data that this tool collects through Google. According to our current level of knowledge, Google uses DoubleClick to find out which areas of our website you have accessed or which ad you have clicked on. If you are logged into your Google account, Google can assign your visit to our website to your account. Even without being logged in, it cannot be ruled out that the provider will determine and save your IP address.

With a modern web browser, you can monitor, restrict and prevent the setting of cookies. This gives you the opportunity to object to the tracking process. Deactivating cookies can result in limited functionality of our website.

The company Google is certified for the US-European data protection convention "Privacy Shield". This data protection agreement is intended to ensure compliance with the data protection level applicable in the EU.

For details on DoubleClick by Google's privacy policy, please visit: http://www.google.de/policies/privacy/

17. Use of SalesViewer® technology:

On this website, data is collected and stored for marketing, market research and optimisation purposes using SalesViewer® technology from SalesViewer® GmbH on the basis of the website operator’s legitimate interests (Art. 6 para. 1 lit. f GDPR).

For this purpose, javascript-based code is used to collect company-related data and support the corresponding use. The data collected with this technology is encrypted using a non-reversible one-way function, known as hashing. The data is immediately pseudonymised and is not used to personally identify visitors to this website.

The data stored within the scope of SalesViewer® is deleted as soon as it is no longer required for its intended purpose and there are no statutory retention obligations preventing its deletion.

You may object to the collection and storage of data at any time with effect for the future by clicking this link https://www.salesviewer.com/opt-out to prevent SalesViewer® from collecting data on this website in the future. An opt-out cookie for this website will be stored on your device. If you delete your cookies in this browser, you must click this link again.

18. Use of YouTube

For the integration and display of video content, our website uses plugins from the Google-operated YouTube site. The provider of the video portal is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.

When you access a page with an integrated YouTube plug-in, a connection to the YouTube servers is established. This tells YouTube which of our pages you have visited. YouTube, can assign your surfing behavior directly to your personal profile if you are logged into your YouTube account. You can prevent this by logging out beforehand. YouTube is used in the interest of an attractive presentation of our online offers. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.

You can find details on how to handle user data in YouTube's privacy policy at: https://www.google.de/intl/de/policies/privacy.

19. Social plugins

This website has integrated social media / social sharing functions (Facebook, Pinterest Instagram). However, to protect website users, we decided to use the Shariff script.

We ourselves do not collect any personal data using the social plugins or their use. To prevent data from being transferred to service providers in the USA without your knowledge, we use the so-called Shariff solution. This solution ensures that no personal data is initially passed on to the providers of the individual social plugins when you visit this website. Only when you click on one of the social plugins can data be transferred to the service provider and saved there.

You can find more information about the Shariff solution on the website of the provider, Heise Medien GmbH & Co. KG: http://m.heise.de/ct/artikel/Shariff-Social-Media-Buttons-mit-Datenschutz-2467514.html

20. Newsletter

With your consent, you can subscribe to our newsletter, which we use to inform you about our current interesting offers. The advertised goods and services are named in the declaration of consent.

We use the so-called double opt-in procedure to register for our newsletter. This means that after you register, we will send you an email to the email address you provided, asking you to confirm that you would like the newsletter to be sent. If you do not confirm your registration within 24 hours, your information will be blocked and automatically deleted after one month. In addition, we save your IP addresses and the times of registration and confirmation. The purpose of the procedure is to prove your registration and, if necessary, to clarify a possible misuse of your personal data.

The only mandatory information for sending the newsletter is your email address. The provision of further, separately marked data is voluntary and is used to be able to address you personally. After your confirmation, we will save your email address for the purpose of sending the newsletter. The legal basis is Art. 6 para. 1 sentence 1 lit. a GDPR. You can revoke your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You can revoke your consent by clicking on the link provided in every newsletter email, https://www.smaract.com/newsletter by email to data.privacy@smaract.com or by sending a message to the address given in the legal notice Explain contact details.

We would like to point out that we evaluate your user behavior when the newsletter is sent. For this evaluation, the emails sent contain so-called web beacons or tracking pixels, which represent one-pixel image files that are stored on our website. For the evaluations, we link your data and the web beacons with your email address and an individual ID. With the data obtained in this way, we create a user profile in order to tailor the newsletter to your individual interests. We record when you read our newsletters, which links you click on in them and deduce your personal interests. We link this data to actions you have taken on our website. You can object to this tracking at any time by clicking on the separate link provided in every email or by informing us via another contact. The information is stored for as long as you have subscribed to the newsletter. After unsubscribing, we save the data purely statistically and anonymously.

21.  Rights of the data subject

You have the right:

• to request information about your personal data processed by us in accordance with Art. 15 GDPR. In particular, you can obtain information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to correction, deletion, restriction of processing or opposition, the existence of a Right to lodge a complaint, the origin of your data, unless it was collected by us, and the existence of automated decision-making, including profiling and, if necessary, meaningful information about its details;
• to request the correction of incorrect or incomplete personal data stored by us without delay in accordance with Art. 16 GDPR;
• According to Art. 17 GDPR, to request the deletion of your personal data stored by us, unless the processing for exercising the right to freedom of expression and information, for fulfilling a legal obligation, for reasons of public interest or for asserting, exercising or defending legal claims is required;
• to demand the restriction of the processing of your personal data in accordance with Art. 18 GDPR, provided that the accuracy of the data is disputed by you, the processing is unlawful, but you refuse to delete it and we no longer need the data, but you need it to assert, exercise or need to defend legal claims or you have objected to processing in accordance with Art. 21 GDPR;
• in accordance with Art. 20 GDPR to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another person responsible (data portability);
• to revoke your consent given to us at any time in accordance with Art. 7 Para. 3 GDPR. As a result, we may no longer continue the data processing based on this consent in the future and
• to complain to a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence or work or our company headquarters.
• Right to object

If your personal data is based on legitimate interests in accordance with Art. 6 Para. 1 S. 1 lit. f GDPR are processed, you have the right to object to the processing of your personal data in accordance with Article 21 GDPR, provided there are reasons for this that arise from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right to object, which we will implement without specifying a particular situation.

If you would like to exercise your right of withdrawal or objection, an email to data.privacy@smaract.com is sufficient

22. Passing on your personal data

Your personal data will be passed on as described below.

The website is hosted by an external service provider in Germany. Here we ensure that data processing takes place in Germany alone. This is for the operation of the website, as well as for the Justification, implementation and processing of the existing contract of use required and also possible without your consent. The data will also be passed on if we are entitled or obliged to pass on data due to legal regulations and / or official or judicial orders. This can be, in particular, the provision of information for purposes of law enforcement, security or to enforce intellectual property rights.

Insofar as your data is passed on to service providers to the extent necessary, they only have access to your personal data to the extent necessary to fulfill their tasks. These service providers are obliged to treat your personal data in accordance with the applicable data protection laws, in particular the GDPR. Beyond the above-mentioned circumstances, we generally do not transmit your data to third parties without your consent. In particular, we do not pass on any personal data to a location in a third country or an international organization.

23. Data security

Unfortunately, the transmission of information via the Internet is never 100% secure, which is why we cannot guarantee the security of the data transmitted to our website via the Internet. However, we secure our website by technical and organizational measures against loss, destruction, access, modification or distribution of your data by unauthorized persons. In particular, we transfer your personal data in encrypted form. We use the coding system SSL / TLS (Secure Sockets Layer / Transport Layer Security). Our security measures are continuously improved in line with technological developments.

24. Storage period for personal data

Regarding the storage period, we will delete personal data as soon as it is no longer required to fulfill the original purpose and there are no longer any statutory retention periods. The statutory retention periods ultimately form the criterion for the final duration of the storage of personal data. After the deadline, the relevant data will be routinely deleted. If there are retention periods, processing is restricted by blocking the data.

25. References and links

When calling up websites to which reference is made on our website, information such as name, address, email address, browser properties, etc. can be requested again. This data protection declaration does not regulate the collection, transfer or handling of personal data by third parties.

Third-party service providers may have different and separate provisions in dealing with the collection, processing and use of personal data. It is therefore advisable to find out about the practice of handling personal data on third-party websites before entering personal data.

26. Changes to the data protection declaration

We are constantly developing our website in order to be able to provide you with an ever better service. We will always keep this data protection declaration up to date and adapt it accordingly if and to the extent that this should become necessary. We will of course inform you in good time of any changes to this data protection declaration. We will do this, for example, by sending an email to the email address you have given us. If further consent from you to our handling of your data should become necessary, we will of course obtain this from you before the corresponding changes take effect.

You can download the current version of our data protection regulations at any time on the Internet at https://www.smaract.com/privacy-policy recall.

27. Data protection officer

We have appointed a data protection officer:

D & C Datenschutz und Consulting
Dirk Borbe
Belemannweg 15
22419 Hamburg
01625817253
data.privacy@smaract.com
www.DundC.org

As of July 2020