Data privacy statement

Last updated: 17/05/2018

Preamble

In the following, we provide you with information about the collection of personal data when using our website. Personal data is all data that personally refers to you, e.g. name, address, e-mail addresses, user behaviour.

Person responsible/DPO

Person responsible
for data processing

Data Protection Officer
of the person responsible

Nemetschek SE
Konrad-Zuse-Platz 1
81829 Munich
Germany

Legal representative(s):
Patrik Heider, Viktor Várkonyi, Sean Flaherty

Mr Christian Dürschmied
Data protection consultant and lawyer
intersoft consulting services AG
Marsstraße 37
D-80335 Munich, Germany

Reachable by e-mail via:
datenschutzbeauftragter@nemetschek.com

General data collection when visiting our website

In the case of merely informative use of the website, i.e. when you don’t register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following information that is technically necessary for us to display our website and to ensure its stability and safety. (The legal basis is the legitimate interest according to Art. 6 para. 1 sentence 1 lit. f GDPR)

As part of the balancing of interests under Art. 6 para. 1 lit. f GDPR, we have considered and balanced our interest in the provision and your interest in the processing of your personal data compliant with data privacy. Since the following data for the provision of our service is sometimes technically necessary to provide you with our website and also to ensure its stability and security, in particular to offer protection against misuse, we have come to the conclusion that this data - in a state-of-the-art data security guarantee - can be processed, taking due account of your interest in privacy-compliant processing.

Data

Purpose of processing

Duration of data storage

Operating system used

Evaluation by devices to ensure optimised display of the website

The data will be deleted or anonymised (IP address change so that the particulars can no longer be assigned to a specific or identifiable natural person or only with a disproportionately large amount of time, cost and manpower) when the respective session is ended.

Information about the browser type and version used

Evaluation of the browsers used to optimise our websites for this

Internet service provider of the user

Evaluation of the internet service provider

IP address

Rendering of the website on the respective device

Date and time of visit

Ensuring the proper operation of the website

Where appropriate, manufacturer and type designation of the smartphone, tablet or other devices

Evaluation of device manufacturers and types of mobile terminals for statistical purposes

Name of the visited site

Ensuring the proper operation of the website

Referrer URL (origin URL from which you came to the website)

Ensuring the proper operation of the website

Log files

Ensuring the proper operation of the website

The collection of data for the provision of the website and the storage of the data in log files is necessary for the operation of the website. The user consequently does not have an opt-out option.

Contact form

You have the option to contact us via our e-mail address or the contact form. Of course, we will only use the personal data transmitted to us in this way for the purpose for which you provide us with these when contacting us.

Data

Purpose of processing

Legal basis of processing

Duration of data storage

IP address at registration

Transmission of the form content to the web server

Consent/initiation/implementation of the contractual relationship

Until the end of connection establishment

Salutation

Direct approach

Consent/initiation/implementation of the contractual relationship

Until attaining purpose/end of burden of proof

First name

Direct approach

Consent/initiation/implementation of the contractual relationship

Until attaining purpose/end of burden of proof

Surname

Direct approach

Consent/initiation/implementation of the contractual relationship

Until attaining purpose/end of burden of proof

Issues

Answering issues

Consent/initiation/implementation of the contractual relationship

Until attaining purpose/end of burden of proof

E-mail address

Answering issues

Consent/initiation/implementation of the contractual relationship

Until attaining purpose/end of burden of proof

*Phone number

Answering issues

Consent/initiation/implementation of the contractual relationship

Until attaining purpose/end of burden of proof

*Address

Improvement of request processing

Consent/initiation/implementation of the contractual relationship

Until attaining purpose/end of burden of proof

*Company address

Improvement of request processing

Consent/initiation/implementation of the contractual relationship

Until attaining purpose/end of burden of proof

* Voluntary information

Mail Service Investor Relations (Newsletter)

(a)    Subscription

By registering to our e-mail dispatch in the investor relations order service, you will receive regular e-mails with news and up-to-date investor relations information several times a year.

For registration to our e-mail service, we use the double-opt-in procedure. This means that after stating your e-mail address, we will send you a confirmation e-mail to the specified e-mail address requesting your confirmation. If you confirm, we will use your e-mail address to automatically send you e-mails until you cancel the e-mail service. The sole purpose of the storage is to be able to send you the desired information. Furthermore, we store your IP addresses and the times when registering and confirming, in order to prevent misuse of your personal data.

Mandatory information in order to send the newsletter are only your surname, first name and e-mail address. The specification of further information not marked as mandatory is voluntary and will be used solely to personalise the e-mail service. You can revoke your consent to the e-mail service at any time.

You can declare your revocation by clicking on the link provided in each e-mail sent by us as part of the e-mail service or by e-mailing Investorrelations@nemetschek.com.

The following data is collected by subscription to the e-mail service.

Appointment of the e-mail service provider

Servicetype

Data transmission to third countries

Third country

Guarantees according to Art. 44ff GDPR

EQS Group AG,
Karlstraße 47,
80333 Munich

Order processors

NO

Data

Purpose of processing

Legal basis of processing

Duration of data storage

IP address at registration

Proof of double-opt-in (DOI)

Consent

Three years to the end of the year after deletion of data for the e-mail dispatch

Time of registration

Proof of double-opt-in

Consent

Three years to the end of the year after deletion of data for the e-mail dispatch

IP address at DOI

Proof of double-opt-in

Consent

Three years to the end of the year after deletion of data for the e-mail dispatch

Time of DOI verification

Proof of double-opt-in

Consent

Three years to the end of the year after deletion of data for the e-mail dispatch

E-mail address

Dispatch of the newsletter

Consent

Until revocation/opposition

*Salutation

Direct approach

Consent

Until revocation/opposition

*First name

Direct approach

Consent

Until revocation/opposition

*Surname

Direct approach

Consent

Until revocation/opposition

*Birthday

Usability for marketing purposes

Consent

Until revocation/opposition

* Voluntary information

Applications and storage duration

You can apply electronically to our company. We will, of course, only use your information to process your application and will not pass it on to third parties. Please note that unencrypted sent e-mails are not transmitted with access protection.

The applicant's personal data collected, processed and used in connection with the application process will be deleted no later than six months after the application process has ended, in the absence of an employment relationship. Further storage of the data for consideration in future application procedures takes place only after obtaining the applicant’s prior express consent.

Insofar as an employment relationship arises between you and us, according to § 26 (1) BDSG we may further process the personal data we have already received from you for employment purposes if this is necessary for the implementation or termination of the employment relationship or for the exercise or fulfilment of rights required by law or collective agreement resulting in an operating or service agreement (collective agreement) and duties of employee representation.

Further information can be found in the data privacy law information for applicants, which you can see here: applicant information (PDF)

Cookies – General Information

Our website may use cookies. Cookies are text files that are stored in the internet browser or the internet browser on the user's computer system. When a user visits a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string that allows the browser to be uniquely identified when the website is reopened.

Cookies – different types of cookie

a)    Technically necessary cookies

We use cookies to make our website more user-friendly. A few elements of our website require that the requesting browser can be identified even after moving from one page to another.

Technically necessary cookies are not necessarily required to display the website. A few functions on the website, however, such as contact forms, cannot be used properly without these cookies. Thus there is no opt-out option for the user, though these cookies can be disabled using the respective browser setting.

b)    Cookies for reach metrics

Cookies for reach metrics collect information about the utilisation of our website, such as webpage accesses or error messages. These cookies do not store any information that can be used to identify the user. The information collected will only be aggregated and thus be evaluated anonymously.

(1)    Matomo (formerly Piwik)

Our website uses Matomo, a web analysis service. Matomo uses “cookies,” small text files that are stored on your computer and allow us to analyse use of the website. For this purpose, the usage information generated by the cookie (including your truncated IP address) will be transmitted to our server and stored there for usage analysis purposes, which helps us to optimise our website. Your IP address will immediately be anonymised during this process so that you as a user remain anonymous to us. The information about your use of this website generated by the cookie will not be forwarded to third parties. You can prevent the use of cookies through the appropriate setting in your browser software; however, if you do so, you may not be able to use all functions of this website to their full extent.

If you do not agree to the storage and evaluation of this data, you can subsequently object to storage and use at any time with the click of a mouse. If you do so, an “opt-out cookie” will be set in your browser so that Matomo does not collect any session data whatsoever. Note: If you delete your cookies, this will also delete the opt-out cookie and you will need to reactivate it.

Data category concerned

Purpose of processing

Legal basis of processing

Duration of data storage

Revocation

IP address (stored anonymised)

Creating and changing cookie information

Legitimate interest

Until revocation/opposition

If you do not agree to processing for the purposes described, you can subsequently object at any time with the click of a mouse

Data concerning your device, such as type of device, model operating system, browser type, and version

Optimisation of website rendering and adjustment of contents

Legitimate interest

Until revocation/opposition

Information related to use, such as time and duration of use

Optimisation of website rendering and adjustment of contents

Legitimate interest

Until revocation/opposition

Social bookmarks

“Social bookmarks” (such as from Facebook, Twitter and Xing) are integrated into our website. Social bookmarks are internet bookmarks that allow the users of these services to collect links and news items. These are only integrated into our website as links to the corresponding services. After clicking on an integrated graphic, you will be directed to the respective provider’s page, meaning your user information will not be transmitted to the respective provider until that point. Please see the respective provider’s privacy statement for information on how your personal data is handled when using these websites.

Data transfer

Your personal data will not be transmitted to third parties for purposes other than those listed.

We will only transmit your personal data to third parties if:

  • you have given your express consent to this,
  • transmission is necessary for enforcing, asserting or defending legal claims and there is no reason to believe that you have a compelling interest worthy of protection in the non-disclosure of your data,
  • the transmission of your data is required by law, or
  • this is permitted by law and required for the processing of contractual arrangements with you.

The high level of data protection in Europe does not apply to data transmitted outside the European Union as a matter of principle. It may be that no adequacy decision by the European Commission currently applies to a transmission of data within the meaning of art. 45 para. 1, 3 of the GDPR. This means that the European Union has not yet positively determined that the level of data protection for a specific country matches the level of data protection in the European Union due to the GDPR, and so we have not made the applicable guarantees mentioned above.

Potential risks that cannot be entirely excluded in connection with the transmission of data, in particular:

  • Your personal data may be processed for purposes other than that for which it was provided.
  • There is also the possibility that you do not assert on a lasting basis or are able to enforce some of your rights concerning personal data, such as your right to information, authorisation, deletion or data portability.
  • There may also be a high probability that data can be processed incorrectly and the protection of personal data does not fully meet the requirements of the GDPR in terms of quality and quantity.

Instructions on rights of persons affected

Every data subject has the right to information in accordance with Article 15 of the GDPR, the right of correction in accordance with Article 16 of the GDPR, the right of deletion in accordance with Article 17 of the GDPR, the right of restriction of processing in accordance with Article 18 of the GDPR, the right of objection from Article 21 of the GDPR and the right of data portability from Article 20 of the GDPR. The limitations in accordance with Sections 34 and 35 of the German Federal Data Protection Act apply to the right of information and the right of deletion.

Instructions on possibility of complaint

You also have the right to raise a complaint with the appropriate data protection supervisory authority regarding our processing of your personal data.

Instructions on revoking consent

You can revoke your consent granted to us to process your personal data at any time. This also applies to revoking declarations of consent that were granted before the General Data Protection Regulation came into effect on 25 May 2018. Please note that revocation applies to the future. Processing that has already taken place before revocation is not affected by this.

Rights in the event of data processing for the purposes of direct advertising

In accordance with art. 21, para. 2 of the GDPR, you have the right to revoke your consent to processing of your personal data at any time. In the event that you revoke your consent to processing for the purposes of direct advertising, we will no longer process your personal data for this purpose. Please note that revocation applies to the future. Processing that has already taken place before revocation is not affected by this.

Note on the right of objection in the weighing of interests

If we support the processing of your personal data based on the weighing of interests, you can object to processing. In the event that you do object, we will ask you to explain your reasoning as to why we should not process your personal data in the manner described. If your objection is founded, we will review the circumstances and either cease/adjust our processing of data, or we will explain our compelling legitimate grounds.

Links to other websites

Our websites may contain links to the websites of other providers. Please note that this privacy statement only applies to the websites of www.nemetschek.com. We do not have any influence over and do not monitor whether other providers are compliant with applicable data protection regulations.

Changes to the privacy statement

We reserve the right to change or adjust these privacy statement at any time in compliance with the applicable data protection regulations.