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Privacy Policy

This privacy policy informs you about the nature, scope and purpose of the processing of personal data (hereinafter "data") in the course of providing our services and within our online offering and the websites, functions and content connected with it, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as "online offering"). With regard to the terms used, such as "processing" or "controller", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Controller

XICTRON

Lennart Harmes
Glockruthenallee 16
D-31185 Söhlde
Germany

Phone +49 5123 9579000
Email mail@xicflow.com

Types of data processed

  • Inventory data (e.g. personal master data, names, addresses)
  • Contact data (e.g. email, telephone numbers)
  • Content data (e.g. text entries, photographs, videos)
  • Usage data (e.g. websites visited, interest in content, access times)
  • Meta/communication data (e.g. device information, IP addresses)

Categories of data subjects

  • Visitors and users of the online offering (hereinafter we also refer to the data subjects collectively as "users").

Purpose of processing

  • Provision of the online offering, its functions and content
  • Answering contact requests and communicating with users
  • Security measures
  • Anonymised web analysis

Terms used

"Personal data" means any information relating to an identified or identifiable natural person (hereinafter "data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. a cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

"Processing" means any operation or set of operations which is performed on personal data, whether or not by automated means. The term is broad and covers practically every handling of data.

"Pseudonymisation" means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

"Profiling" means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

"Controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

"Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Relevant legal bases

In accordance with Art. 13 GDPR, we inform you of the legal bases of our data processing. For users within the scope of the General Data Protection Regulation (GDPR), i.e. the EU and the European Economic Area (EEA), the following applies where the legal basis is not stated in the privacy policy:

The legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 GDPR;

The legal basis for processing for the performance of our services and the implementation of contractual measures as well as for answering enquiries is Art. 6(1)(b) GDPR;

The legal basis for processing to comply with our legal obligations is Art. 6(1)(c) GDPR;

Where the vital interests of the data subject or of another natural person make the processing of personal data necessary, Art. 6(1)(d) GDPR serves as the legal basis.

The legal basis for processing that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller is Art. 6(1)(e) GDPR.

The legal basis for processing to safeguard our legitimate interests is Art. 6(1)(f) GDPR.

The processing of data for purposes other than those for which they were collected is governed by Art. 6(4) GDPR.

The processing of special categories of data (pursuant to Art. 9(1) GDPR) is governed by Art. 9(2) GDPR.

Security measures

In accordance with the legal requirements, and taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we implement appropriate technical and organisational measures to ensure a level of protection appropriate to the risk.

These measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data as well as access to, input, disclosure, securing the availability and separation of the data. Furthermore, we have established procedures that ensure the exercise of data subject rights, the erasure of data and the response to threats to the data. In addition, we take the protection of personal data into account as early as the development or selection of hardware, software and procedures, in accordance with the principle of data protection by design and by default.

Cooperation with processors, joint controllers and third parties

If, in the course of our processing, we disclose data to other persons and companies (processors, joint controllers or third parties), transmit data to them or otherwise grant them access to the data, this is done only on the basis of a legal permission (e.g. if a transfer of the data to third parties, such as payment service providers, is necessary for the performance of a contract), if users have consented, if a legal obligation provides for this, or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we disclose or transmit data to other companies within our group of companies or otherwise grant them access, this is done in particular for administrative purposes as a legitimate interest and, beyond that, on a basis that complies with the legal requirements.

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation), or if this occurs in the context of using third-party services or disclosing or transferring data to other persons or companies, this only takes place if it is necessary for the performance of 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 express consent or a transfer required by contract, we process data, or have them processed, only in third countries with a recognised level of data protection, which in particular includes the EU-US Data Privacy Framework (DPF), or on the basis of special safeguards, such as a contractual obligation through so-called standard data protection clauses of the EU Commission, the existence of certifications or binding corporate rules (Art. 44 to 49 GDPR, information page of the EU Commission).

Rights of data subjects

You have the right to obtain confirmation as to whether data concerning you are being processed and to access these data as well as further information and a copy of the data in accordance with the legal requirements.

In accordance with the legal requirements, you have the right to request the completion of data concerning you or the rectification of inaccurate data concerning you.

In accordance with the legal requirements, you have the right to request that data concerning you be erased without undue delay or, alternatively, in accordance with the legal requirements, to request restriction of the processing of the data.

You have the right to receive the data concerning you that you have provided to us in accordance with the legal requirements and to request their transmission to other controllers.

In accordance with the legal requirements, you also have the right to lodge a complaint with the competent supervisory authority.

Right to withdraw consent

You have the right to withdraw any consent you have given with effect for the future.

Right to object

You may object to the future processing of data concerning you at any time in accordance with the legal requirements. The objection may in particular be made against processing for the purposes of direct marketing.

Cookies and right to object to direct marketing

"Cookies" are small files that are stored on users' computers. Different information can be stored within cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Temporary cookies, also called "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offering and closes their browser. Such a cookie may store, for example, the contents of a shopping basket in an online shop or a login status. Cookies that remain stored even after the browser has been closed are referred to as "permanent" or "persistent". For example, the login status can be saved if users return after several days. Likewise, such a cookie may store users' interests that are used for audience measurement or marketing purposes. "Third-party cookies" are cookies offered by providers other than the controller who operates the online offering (otherwise, if they are only the controller's own cookies, they are referred to as "first-party cookies").

We may use temporary and permanent cookies and explain this in our privacy policy.

If we ask users for their consent to the use of cookies (e.g. as part of a cookie consent), the legal basis for this processing is Art. 6(1)(a) GDPR and, for storing the cookies in the users' terminal equipment, § 25(1) TDDDG. Without consent, we only use cookies that are strictly necessary for us to provide a service explicitly requested by the users (§ 25(2) no. 2 TDDDG). In this case, users' personal cookies are processed in accordance with the following explanations in this privacy policy on the basis of our legitimate interests (i.e. interest in the economic operation of our online offering within the meaning of Art. 6(1)(f) GDPR) or, where the use of cookies is necessary for the provision of our contract-related services, pursuant to Art. 6(1)(b) GDPR, or, where the use of cookies is necessary for the performance of a task carried out in the public interest or in the exercise of official authority, pursuant to Art. 6(1)(e) GDPR.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. Excluding cookies may restrict the functionality of this online offering.

A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US site https://optout.aboutads.info/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be prevented by disabling them in the browser settings. Please note that in this case not all functions of this online offering may be available.

Erasure of data

The data processed by us are erased or their processing is restricted in accordance with the legal requirements. Unless expressly stated in this privacy policy, the data stored by us are erased as soon as they are no longer required for their intended purpose and no statutory retention obligations prevent their erasure.

If the data are not erased because they are required for other legally permissible purposes, their processing is restricted. This means that the data are blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.

Changes and updates to this privacy policy

We ask you to inform yourself regularly about the content of our privacy policy. We adapt the privacy policy as soon as changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require an action on your part (e.g. consent) or other individual notification.

Business-related processing

In addition, we process

  • contract data (e.g. subject matter of the contract, term, customer category)
  • payment data (e.g. bank details, payment history)

of our customers, prospective customers and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

Agency services

We process our customers' data within the scope of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, implementation of campaigns and processes/handling, server administration, data analysis/consulting services and training services.

In doing so, we process inventory data (e.g. customer master data such as names or addresses), contact data (e.g. email, telephone numbers), content data (e.g. text entries, photographs, videos), contract data (e.g. subject matter of the contract, term), payment data (e.g. bank details, payment history), usage data and metadata (e.g. in the context of evaluating and measuring the success of marketing measures). As a matter of principle, we do not process special categories of personal data unless they form part of a commissioned processing. The data subjects include our customers, prospective customers and their customers, users, website visitors or employees as well as third parties. The purpose of the processing is the provision of contractual services, invoicing and our customer service. The legal bases of the processing are Art. 6(1)(b) GDPR (contractual services) and Art. 6(1)(f) GDPR (analysis, statistics, optimisation, security measures). We process data that are necessary for establishing and fulfilling the contractual services and point out the necessity of providing them. Data are only disclosed to external parties if this is necessary within the scope of an order. When processing the data provided to us within the scope of an order, we act in accordance with the instructions of our clients and the legal requirements for processing on behalf of a controller pursuant to Art. 28 GDPR and do not process the data for any purposes other than those of the order.

We erase the data after expiry of statutory warranty and comparable obligations. The necessity of retaining the data is reviewed every three years; in the case of statutory archiving obligations, erasure takes place after their expiry (six, eight or ten years depending on the type of document, pursuant to § 257(4) of the Commercial Code (HGB) and § 147(3) of the Fiscal Code of Germany (AO)). In the case of data disclosed to us by the client within the scope of an order, we erase the data in accordance with the specifications of the order, generally after the end of the order.

Administration, financial accounting, office organisation, contact management

We process data in the context of administrative tasks and the organisation 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 providing our contractual services. The legal bases of the processing are Art. 6(1)(c) GDPR and Art. 6(1)(f) GDPR. Customers, prospective customers, business partners and website visitors are affected by the processing. The purpose of and our interest in the processing lie in administration, financial accounting, office organisation and the archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The erasure of data with regard to contractual services and contractual communication corresponds to the information provided for those processing activities.

In doing so, we disclose or transmit data to the tax authorities, advisers such as tax advisers or auditors, as well as other fee-collecting bodies and payment service providers.

Furthermore, on the basis of our business interests, we store information on suppliers, event organisers and other business partners, e.g. for the purpose of contacting them later. As a matter of principle, we store this data, which is mostly company-related, permanently.

Business analyses and market research

In order to operate our business economically and to identify market trends and the wishes of contractual partners and users, we analyse the data available to us on business transactions, contracts, enquiries, etc. In doing so, we process inventory data, communication data, contract data, payment data, usage data and metadata on the basis of Art. 6(1)(f) GDPR, whereby the data subjects include contractual partners, prospective customers, customers, visitors and users of our online offering.

The analyses are carried out for the purpose of business evaluations, marketing and market research. In doing so, we may take into account the profiles of registered users with information, e.g. on the services they have used. The analyses serve to increase user-friendliness, to optimise our offering and to improve business efficiency. The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with aggregated values.

Where these analyses or profiles relate to persons, they are erased or anonymised when the users terminate their contract, otherwise after two years from the conclusion of the contract. In all other respects, the overall business analyses and general trend determinations are prepared anonymously wherever possible.

Data protection information in the application process

We process applicant data only for the purpose and within the scope of the application process in accordance with the legal requirements. Applicant data are processed to fulfil our (pre-)contractual obligations within the scope of the application process within the meaning of Art. 6(1)(b) GDPR. Where data processing becomes necessary for us, e.g. in the context of legal proceedings, it takes place on the basis of Art. 6(1)(f) GDPR.

The application process requires applicants to provide us with their applicant data. The necessary applicant data are marked if we offer an online form; otherwise they result from the job descriptions, and as a matter of principle they include personal details, postal and contact addresses and the documents belonging to the application, such as cover letter, CV and certificates. In addition, applicants may voluntarily provide us with additional information.

By submitting their application to us, applicants consent to the processing of their data for the purposes of the application process in accordance with the nature and scope set out in this privacy policy.

Insofar as special categories of personal data within the meaning of Art. 9(1) GDPR are voluntarily provided in the course of the application process, they are additionally processed in accordance with Art. 9(2)(b) GDPR (e.g. health data, such as severe disability status, or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9(1) GDPR are requested from applicants in the course of the application process, they are additionally processed in accordance with Art. 9(2)(a) GDPR (e.g. health data, if these are required for the exercise of the profession).

If provided, applicants can submit their applications to us using an online form on our website. The data are transmitted to us in encrypted form in accordance with the state of the art.

Applicants can also send us their applications by email. Please note, however, that emails are generally not sent in encrypted form and that applicants must ensure encryption themselves. We can therefore accept no responsibility for the transmission path of the application between the sender and its receipt on our server and therefore recommend using an online form or sending the application by post. Instead of applying via the online form or by email, applicants still have the option of sending us their application by post.

In the event of a successful application, the data provided by applicants may be further processed by us for the purposes of the employment relationship. Otherwise, if the application for a job offer is not successful, the applicants' data are erased. Applicants' data are also erased if an application is withdrawn, which applicants are entitled to do at any time.

Subject to a justified revocation by the applicants, erasure takes place after a period of six months has elapsed, so that we can answer any follow-up questions regarding the application and meet our obligations to provide evidence under the General Act on Equal Treatment (AGG). Invoices for any reimbursement of travel expenses are archived in accordance with the requirements of tax law.

Contacting us

When users contact us (e.g. via contact form, chat, email, telephone or social media), the information they provide is processed for handling the contact request and its processing pursuant to Art. 6(1)(b) GDPR (within the scope of contractual or pre-contractual relationships) and Art. 6(1)(f) GDPR (other enquiries). Users' information may be stored in a customer relationship management system ("CRM system") or a comparable enquiry management system.

We erase the enquiries once they are no longer required. We review the necessity every two years; statutory archiving obligations also apply.

Hosting and email dispatch

The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email dispatch, security services and technical maintenance services that we use for the purpose of operating this online offering.

In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, prospective customers and visitors to this online offering on the basis of our legitimate interests in an efficient and secure provision of this online offering pursuant to Art. 6(1)(f) GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).

Collection of access data and log files

On the basis of our legitimate interests within the meaning of Art. 6(1)(f) GDPR, we or our hosting provider collect data on every access to the server on which this service is located (so-called server log files). The access data include the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.

For security reasons (e.g. to investigate misuse or fraud), log file information is stored for a maximum of 7 days and then deleted. Data whose further retention is required for evidential purposes are excluded from deletion until the respective incident has been finally clarified.

Audience measurement with XICTRAQ

For audience measurement we use XICTRAQ, a cookie-free analytics system operated by us. On each page view the following data are processed: the page visited and the referring page (referrer), campaign parameters, the approximate time on page, the device class (derived from the screen size), browser and operating system category, the language set, and the date and time of the page view.

No cookies are set and no information is stored in or read from users' browsers; consent under § 25(1) TDDDG is therefore not required. To distinguish visits, a short-lived technical value is formed from the IP address and a daily key (salt) that changes every day; this does not allow attribution to a specific person, and after the day has ended such attribution is technically excluded. The IP address is used solely to form this value and for approximate geographic classification and is not stored.

Processing is based on our legitimate interests (analysis, optimisation and the economic operation of our online offering, Art. 6(1)(f) GDPR). The evaluated data are processed on servers controlled by us within the European Union and are not passed on to third parties.

Session recording (only with consent)

On the basis of your consent (Art. 6(1)(a) GDPR, § 25(1) TDDDG), we record anonymised session sequences (mouse, scroll and click movements, page interactions) using the open-source library rrweb, which is served from our own domain. Input fields and content marked as sensitive are masked automatically; credit card and IBAN patterns are redacted. Recording only starts after you have given your consent in the consent banner, and your consent can be withdrawn at any time with effect for the future. Recordings are stored for a maximum of 90 days and then deleted automatically. Without consent, no recording takes place.

AI chat assistant

We offer an AI-powered chat assistant on our website. When you use it, we process the messages you enter as well as technical connection data (e.g. shortened or pseudonymised identifiers) in order to answer your request and provide the service. If you voluntarily provide contact details in the chat for a follow-up, we process these to handle your enquiry.

The legal basis is our legitimate interest in answering enquiries efficiently (Art. 6(1)(f) GDPR) and, where you contact us, the performance of pre-contractual measures (Art. 6(1)(b) GDPR). To generate the responses we use a specialised service provider; processing may also take place outside the European Union, for which appropriate safeguards within the meaning of Art. 44 et seq. GDPR (in particular standard contractual clauses) are in place.

Chat histories are stored for a limited period for processing and quality assurance and are then deleted. No automated individual decision-making with legal effect takes place. Please do not enter any special categories of personal data (e.g. health data) in the chat.

Online presences on social media

We maintain online presences within social networks and platforms in order to communicate with the customers, prospective customers and users active there and to inform them about our services there.

We would like to point out that users' data may be processed outside the European Union. This may result in risks for users because, for example, it could make it more difficult to enforce users' rights. For US providers, we base the data transfer on the EU-US Data Privacy Framework (DPF) and additionally on standard contractual clauses (SCCs) pursuant to Art. 46(2)(c) GDPR.

Furthermore, users' data are usually processed for market research and advertising purposes. For example, usage profiles can be created from users' usage behaviour and the interests resulting from it. These usage profiles can in turn be used, for example, to place advertisements within and outside the platforms that presumably correspond to users' interests. For these purposes, cookies are usually stored on users' computers in which users' usage behaviour and interests are stored. Furthermore, data may also be stored in the usage profiles independently of the devices used by the users (in particular if the users are members of the respective platforms and are logged in to them).

Users' personal data are processed on the basis of our legitimate interests in informing and communicating with users effectively pursuant to Art. 6(1)(f) GDPR. If users are asked by the respective platform providers for consent to the data processing described above, the legal basis for the processing is Art. 6(1)(a) and Art. 7 GDPR.

For a detailed description of the respective processing operations and the options to object (opt-out), we refer to the information provided by the providers, linked below.

Also with regard to requests for information and the assertion of user rights, we point out that these can be asserted most effectively with the providers. Only the providers have access to users' data and can take appropriate measures and provide information directly. Should you nevertheless require assistance, you can contact us.