Thank you for your interest in the website of BAScloud and ProFM Facility & Project Management GmbH. It is in our interest – and we are of course aware of our responsibility – to take data protection requirements seriously and to comply with national (German) and European data protection regulations. Against this background, we would like to use this statement to inform you about the data protection measures taken in our company. In doing so, we will inform you which data we may collect, process or use.

1. Introduction

Below, we provide information about the processing of personal data when using

• our website https://bascloud.net
• our social media profiles.

Personal data is any data that can be related to a specific natural person, e.g. their name or IP address.

1.1. Contact details

The controller pursuant to Art. 4(7) of the EU General Data Protection Regulation (GDPR) is BAScloud GmbH, Marktstraße 47-49, 64401 Groß-Bieberau, Germany, email: info@bascloud.net. We are legally represented by Stefan Schaffner (Managing Director) and Claus Mink (Managing Director).
Our data protection officer can be reached via heyData GmbH, Schützenstraße 5, 10117 Berlin, www.heydata.eu, email: datenschutz@heydata.eu.

1.2. Scope of data processing, processing purposes and legal bases

We describe the scope of data processing, the processing purposes and the legal bases in detail below. In principle, the following may serve as the legal basis for data processing:

• Art. 6(1)(1)(a) GDPR serves as our legal basis for processing operations for which we obtain consent.
• Art. 6(1)(1)(b) GDPR is the legal basis insofar as the processing of personal data is necessary for the performance of a contract, e.g. if a site visitor purchases a product from us or we perform a service for them. This legal basis also applies to processing that is necessary for pre-contractual measures, such as enquiries about our products or services.
• Art. 6(1)(1)(c) GDPR applies if we fulfil a legal obligation by processing personal data, as may be the case under tax law, for example.
• Art. 6(1)(1)(f) GDPR serves as the legal basis if we can rely on legitimate interests to process personal data, e.g. for cookies that are necessary for the technical operation of our website.

1.3. Data processing outside the EEA

Insofar as we transfer data to service providers or other third parties outside the EEA, adequacy decisions of the EU Commission pursuant to Art. 45(3) GDPR guarantee the security of the data during transfer, where such decisions exist, as is the case, for example, for the United Kingdom, Canada and Israel.
When transferring data to service providers in the USA, the legal basis for the transfer is an adequacy decision of the EU Commission if the service provider has additionally certified itself under the EU-US Data Privacy Framework.
In other cases (e.g. if no adequacy decision exists), the legal basis for the data transfer is generally – unless we indicate otherwise – standard contractual clauses. These are a set of rules adopted by the EU Commission and form part of the contract with the respective third party. Pursuant to Art. 46(2)(b) GDPR, they ensure the security of the data transfer. Many providers have given contractual guarantees that go beyond the standard contractual clauses and protect the data beyond them, for example guarantees regarding the encryption of data or an obligation on the part of the third party to notify data subjects if law enforcement authorities wish to access data.

1.4. Storage period

Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and no statutory retention obligations prevent its deletion. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted, i.e. the data will be blocked and not processed for other purposes. This applies, for example, to data that we must retain for commercial or tax law reasons.

1.5. Rights of data subjects

Data subjects have the following rights against us with regard to their personal data:

• right of access,
• right to rectification or erasure,
• right to restriction of processing,
• right to object to processing,
• right to data portability,
• right to withdraw consent at any time.

Data subjects also have the right to lodge a complaint with a data protection supervisory authority about the processing of their personal data. Contact details of the data protection supervisory authorities are available at https://www.bfdi.bund.de/DE/Service/Anschriften/Laender/Laender-node.html.

1.6. Obligation to provide data

Customers, prospective customers or third parties only need to provide us with the personal data that is required for the establishment, performance and termination of the business relationship or other relationship, or that we are legally obliged to collect. Without this data, we will generally have to refuse to conclude a contract or provide a service, or will no longer be able to perform an existing contract or other relationship.
Mandatory information is marked as such.

1.7. No automated individual decision-making

We do not, in principle, use fully automated decision-making pursuant to Article 22 GDPR to establish and conduct a business relationship or other relationship. Should we use such procedures in individual cases, we will inform you separately if this is required by law.

1.8. Contacting us

When you contact us, e.g. by email or telephone, we store the data you provide (e.g. names and email addresses) in order to answer your questions. The legal basis for the processing is our legitimate interest (Art. 6(1)(1)(f) GDPR) in answering enquiries addressed to us. We delete the data arising in this context once storage is no longer necessary, or restrict processing if statutory retention obligations apply.

1.9. Customer surveys

From time to time, we conduct customer surveys in order to get to know our customers and their wishes better. In doing so, we collect the data requested in each case. It is our legitimate interest to get to know our customers and their wishes better, so the legal basis for the associated data processing is Art. 6(1)(1)(f) GDPR. We delete the data once the results of the surveys have been evaluated.

2. Newsletter

We reserve the right to inform customers who have already used our services or purchased goods from us about our offers from time to time by email or other electronic means, unless they have objected to this. The legal basis for this data processing is Art. 6(1)(1)(f) GDPR. Our legitimate interest lies in direct marketing (Recital 47 GDPR). Customers can object to the use of their email address for advertising purposes at any time without additional costs, for example via the link at the end of each email or by email to our email address stated above.
On the basis of the recipients’ consent (Art. 6(1)(1)(a) GDPR), we also measure the open and click rates of our newsletters in order to understand which content is relevant to our recipients.
We send newsletters using the HubSpot tool of HubSpot, Inc., 25 1st Street Cambridge, MA 0214, USA (privacy policy: https://legal.hubspot.com/privacy-policy). The provider processes content, usage, meta/communication data and contact data in the EU.

3. Data processing on our website

3.1. Notice for website visitors from Germany

Our website stores information in the terminal equipment of website visitors (e.g. cookies) or accesses information that is already stored in the terminal equipment (e.g. IP addresses). The following sections explain which information this is in detail.
This storage and access take place on the basis of the following provisions:

• Insofar as this storage or access is strictly necessary for us to provide the service of our website expressly requested by website visitors (e.g. to operate a chatbot used by the website visitor or to ensure the IT security of our website), it is based on Section 25(2) No. 2 of the German Telecommunications Digital Services Data Protection Act (TDDDG).
• Otherwise, this storage or access is based on the consent of the website visitors (Section 25(1) TDDDG).

Subsequent data processing takes place in accordance with the following sections and on the basis of the provisions of the GDPR.

3.2. Informational use of the website

When the website is used for informational purposes only, i.e. when site visitors do not separately transmit information to us, we collect the personal data that the browser transmits to our server in order to ensure the stability and security of our website. This is our legitimate interest, so the legal basis is Art. 6(1)(1)(f) GDPR.
This data is:

• IP address
• date and time of the request
• time zone difference to 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 interface
• language and version of the browser software.

This data is also stored in log files. It is deleted when its storage is no longer necessary, at the latest after 14 days.

3.3. Web hosting and provision of the website

Our website is hosted by Hetzner. The provider is Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany. The provider processes the personal data transmitted via the website, e.g. content, usage, meta/communication data or contact data, in the EU. Further information can be found in the provider’s privacy policy at https://www.hetzner.com/legal/privacy-policy.
It is our legitimate interest to provide a website, so the legal basis for the data processing described is Art. 6(1)(1)(f) GDPR.

3.4. Contact form

When you contact us via the contact form on our website, we store the data requested there and the content of the message.
The legal basis for the processing is our legitimate interest in answering enquiries addressed to us. The legal basis for the processing is therefore Art. 6(1)(1)(f) GDPR.
We delete the data arising in this context once storage is no longer necessary, or restrict processing if statutory retention obligations apply.

3.5. Job advertisements

We publish vacancies in our company on our website, on pages linked to the website or on third-party websites.
The data provided in the application is processed in order to carry out the application process. Insofar as it is necessary for our decision to establish an employment relationship, the legal basis is Art. 88(1) GDPR in conjunction with Section 26(1) of the German Federal Data Protection Act (BDSG). We have marked or indicated the data required to carry out the application process. If applicants do not provide this data, we cannot process the application.
Further data is voluntary and not required for an application. If applicants provide further information, the basis is their consent (Art. 6(1)(1)(a) GDPR).
We ask applicants not to include information on political opinions, religious beliefs and similarly sensitive data in their CV and cover letter. This information is not required for an application. If applicants nevertheless provide such information, we cannot prevent its processing as part of processing the CV or cover letter. Its processing is then also based on the applicants’ consent (Art. 9(2)(a) GDPR).
Finally, we process applicants’ data for further application procedures if they have given us their consent to do so. In this case, the legal basis is Art. 6(1)(1)(a) GDPR.
We pass on applicants’ data to the responsible employees in the HR department, to our processors in the area of recruiting and to the other employees involved in the application process.
If we enter into an employment relationship with the applicant following the application process, we only delete the data after the employment relationship has ended. Otherwise, we delete the data no later than six months after rejecting an applicant.
If applicants have given us their consent to use their data for further application procedures, we only delete their data one year after receiving the application.

3.6. Booking appointments

Site visitors can book appointments with us on our website. For this purpose, we process meta or communication data in addition to the data entered. We have a legitimate interest in offering prospective customers a user-friendly way to arrange appointments. The legal basis for the data processing is therefore Art. 6(1)(1)(f) GDPR. Insofar as we use a third-party tool for scheduling, the relevant information can be found under “Third-party providers”.

3.7. Technically necessary cookies

Our website uses cookies. Cookies are small text files that are stored in the web browser on a site visitor’s device. Cookies help to make the offer more user-friendly, effective and secure. Insofar as these cookies are necessary for the operation of our website or its functions (hereinafter “technically necessary cookies”), the legal basis for the associated data processing is Art. 6(1)(1)(f) GDPR. We have a legitimate interest in providing customers and other site visitors with a functioning website.
Specifically, we use technically necessary cookies for the following purpose(s):

• cookies that store language settings

3.8. Third-party providers

3.8.1. Google Analytics

We use Google Analytics for analysis. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Dublin, Ireland. The provider processes usage data (e.g. websites visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in the USA.
The legal basis for the processing is Art. 6(1)(1)(a) GDPR. The processing is based on consent. Data subjects can withdraw their consent at any time, for example by contacting us using the contact details provided in our privacy policy. The withdrawal does not affect the lawfulness of the processing carried out until the withdrawal.
The legal basis for the transfer to a country outside the EEA is standard contractual clauses. The security of the data transferred to the third country (i.e. a country outside the EEA) is ensured by standard data protection clauses adopted in accordance with the examination procedure under Art. 93(2) GDPR (Art. 46(2)(c) GDPR), which we have agreed with the provider.
The data is deleted when the purpose for which it was collected no longer applies and there is no obligation to retain it. Further information is available in the provider’s privacy policy at https://policies.google.com/privacy?hl=en.

3.8.2. heyData

We have integrated a data protection seal on our website. The provider is heyData GmbH, Schützenstraße 5, 10117 Berlin, Germany. The provider processes meta/communication data (e.g. IP addresses) in the EU.
The legal basis for the processing is Art. 6(1)(1)(f) GDPR. We have a legitimate interest in providing website visitors with confirmation of our data protection compliance. At the same time, the provider has a legitimate interest in ensuring that only customers with existing contracts use its seals, which is why a mere image copy of the certificate is not a viable alternative for confirmation.
The data is masked after collection so that it no longer relates to a person. Further information is available in the provider’s privacy policy at https://heydata.eu/datenschutzerklaerung.

4. Data processing on social media platforms

We are represented on social media networks in order to present our organisation and our services there. The operators of these networks regularly process their users’ data for advertising purposes. Among other things, they create user profiles from their online behaviour, which are used, for example, to show advertising on the networks’ pages and elsewhere on the internet that corresponds to the users’ interests. To this end, the network operators store information on usage behaviour in cookies on the users’ computers. Furthermore, it cannot be ruled out that the operators combine this information with other data. Users can obtain further information and instructions on how to object to processing by the site operators in the privacy policies of the respective operators listed below. It is also possible that the operators or their servers are located in non-EU countries, so that they process data there. This may result in risks for users, e.g. because it is more difficult to enforce their rights or government agencies may access the data.
If users of the networks contact us via our profiles, we process the data provided to us in order to answer the enquiries. This is our legitimate interest, so the legal basis is Art. 6(1)(1)(f) GDPR.

4.1. LinkedIn

We maintain a profile on LinkedIn. The operator is LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland. The privacy policy is available here: https://www.linkedin.com/legal/privacy-policy. You can object to data processing via the settings for advertisements: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

5. Changes to this privacy policy

We reserve the right to amend this privacy policy with effect for the future. The current version is always available here.

6. Questions and comments

If you have any questions or comments regarding this privacy policy, please feel free to contact us using the contact details provided above.