Data Privacy Notice

1. Privacy Notice

Process and Data Automation, LLC (hereinafter referred to as “PDA”, “we” or “us”) is glad that you are visiting our websites as well as mobile applications (collectively also referred to as “Online Offer”) and that you are interested in our Company and our products.

We view the protection of your private sphere during the processing of personal data and the security of all business data as important considerations which we take into account in our business processes. We process personal data collected during your visit to our Online Offers in a confidential manner any only in compliance with the statutory provisions.

Data protection and information security are part of our company policy.

2. Controller

PDA is the Controller responsible for the processing of your data.

Our contact details are as follows:

5451 Merwin Lane

Erie, PA 16510

United States

Phone: 814-866-9600

Fax: 814-866-9700

E-mail: pdamail@processanddata.com

 

You can contact our Data Protection Officer using the following contact details:

E-mail: pdamail@processanddata.com

 

3. Processing of personal data
3.1. Principles

Personal data is any information relating to an identified or identifiable natural person, i.e. for example names, addresses, telephone numbers, e-mail addresses, contractual, booking and accounting data which is the expression of a person’s identity.

We process personal data (including IP addresses) only if there is a legal basis for this or if you granted us your consent in this regard, for example in the course of a registration.

3.2. Categories of data processed

The following data categories are processed:

·         Communication data (e.g. name, telephone, e-mail, address, IP address)

·         Key contract data (contractual relationship, product or contractual interest)

 

3.3. Purposes of processing and legal bases

We and service providers engaged by us process your personal data for the following purposes of processing and subject to the following legal bases:

3.3.1. Contractual basis (preparation, performance, termination):

·         Answering enquiries

·         Handling of your orders

·         Preparation, negotiation and fulfilment of a contract with you

·         Granting access to certain information and offers.

3.3.2. Legal obligation

·         Official or judicial order

3.3.3. Legitimate interest of PDA

·         Direct marketing

·         Pseudonymised webtracking

·         Improvement of products and services

·         Online surveys (note: if we involve a market research institute for survey, it will only become active on our behalf and subject to our instructions.)

·         Establishment or protection of legal claims or defense of court actions

·         Prevention of abuse or other unlawful activities

·         Guarantee of data security

3.3.4. Consent

·         Product or customer surveys by e-mail and/or telephone

·         Sending newsletters

3.4. Log files

During each use of our website, your internet browser automatically transmits certain information to us which we store in so-called log files (e.g. internet browser used and operating system; domain name of the website you previously visited number of visits; average dwell time, pages accessed). This information is not associated with a specific person

We and our subsidiary companies worldwide store these log files for the detection of disturbances and for security reasons (e.g. for the clarification of attempted attacks) for a short time and deleted thereafter. Log files the continued retention of which is required for evidentiary purposes shall be excluded from the deletion until final clarification of the respective incident and can be forwarded to investigating authorities on an individual basis.

Log files are also used for analysis purposes (without or without the complete IP address); for this.

4. Obligation for the provision of personal data

To the extent there is a contract between you and us, you have to provide the personal data which is required for commencement, performance and termination of the contractual relationship and for the fulfilment of the contractual obligations related thereto or to the collection of which we are legally obliged. Without the provision of such data, we will generally not be able to enter into, perform and terminate a contract with you.

To the extent the data processing in the course of your use of our website is not required for the commencement, performance and termination of a contractual relationship or for the fulfilment of contractual obligations and is not required under applicable laws, the provision of your data shall be voluntary. Please note that certain functionalities of the website or services cannot be used if you do not provide the data required for such purposes.

5. Children

PDA will not knowingly process personal data of children without explicitly pointing out that such data should only be transmitted with the consent of the legal guardians or if permissible under applicable legal provisions. Any use or disclosure of personal data of children by PDA will in general only be performed, to the extent this is legally permitted, to obtain the legally required consent of the parents or for the protection of children.

6. Data disclosure
6.1. Forwarding of data to other controllers

In general, we transfer your personal data to third parties only if this is required for contract performance or if the third party has a legitimate interest in the data disclosure of if you provided your consent thereto. Third parties may be subsidiary companies of PDA. To the extent data is transferred to third parties based upon a legitimate interest, this is explained in this Privacy Notice.

Furthermore, data can be transferred to other controllers to the extent we are obliged to do so due to statutory provisions or enforceable official or judicial orders.

6.2. Service providers

We engage external service providers to perform tasks such as sales and marketing services, contract management, payment processing, programming, data hosting and hotline services. We have chosen these service providers carefully and monitor them on a regular basis, in particular their careful treatment and protection of the data stored with them. We oblige all service providers to maintain confidentiality and to comply with the statutory regulations.

7. Disclosure to recipients outside the EEA

We may also disclose personal data to recipients based outside the European Economic Area, in so-called third states. In such case, we make sure before disclosure that the recipient either has an appropriate data protection level in place (e.g. based upon an adequacy decision by the EU Commission for the country in question or the agreement of so-called EU Standard Contractual Clauses of the European Union with the recipient) or that you granted your consent to such disclosure.

8. Duration of storage; retention periods

In general, we store your personal data as long as this is required for the provision of our online offers and the services related thereto or as long as we have a legitimate interest in continued storage (for example, we may have a legitimate interest in postal marketing after fulfilment of the contract). In all other cases, we delete your personal data with the exception of data which we have to keep for the fulfilment of legal obligations (e.g. under tax or commercial law).

9. Use of cookies

Cookies are small text files which are stored on your computer when you visit an online offer. If you access such online offer again, your browser will send back the contents of the cookies to the respective provider, thus allowing for recognition of the end device. By reading out cookies, we can design our online offer for you in an optimal manner and facilitate your use, e.g. storage of the password. If you do not wish that PDA recognizes your computer, please adjust the settings of your internet browser such that it deletes cookies from your hard disks, blocks all cookies or warns you before a cookie is saved.

10. Web analysis

We need statistical information on the use of our online offer in order to make it more user-friendly, to perform reach measurements and to carry out market research activities.

To that end, we use the web analysis tools described in this Section.

The use profiles generated by using analysis cookies or evaluating the log files will not be combined with personal data. The tools either do not use IP addresses of the users at all or shorten them immediately after collection. The providers of the tools process data as processors only subject to our instructions and not for their own purposes.

For tools which work with opt-out cookies, it has to be noted that the opt-out function is specific to devices and/or browsers and generally only applies to the end device or browser you are currently using. If you use several end devices and/or browsers, you have to set opt-out for each individual end device and for each browser used.

Furthermore, you can prevent the generation of user profiles as a whole by deactivating the use of cookies in general.

10.1.
10.2. Google Analytics

Google Analytics is a service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics also uses “cookies, i.e. files that are stored on your computer and that enable Google to analyse how you use our offer. The information about your use of our websites (including your IP address) that is collected by the cookie is generally transferred to a Google server in the USA and stored there. We point out that Google Analytics was extended to the code “gat._anonymizeIp();” on our websites to ensure anonymised collection of IP addresses (so-called IP masking). Therefore, your IP address will be collected by Google in a shortened form only in accordance with our instructions which ensures anonymization and prevents conclusions about your identity. In the event of activation of IP anonymization on our websites, your IP address will be shortened beforehand by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. Google further complies with the data protection provisions of the EU-US Privacy Shield and is registered and listed with the US Department of Commerce accordingly. Google will use the information used to analyze your use of our website, to compile reports about the website activity for us and to provide further services to us related to the use of websites and internet services. IP addresses which Google Analytics transmits from your browser will not be combined with other data from Google. Google transmits such data to third parties only based upon statutory provisions or as part of processing on behalf. Under no circumstances will Google combine your data with other data collected by Google.

By using these websites, you agree to the processing of the collected data by Google and to the manner of data processing as well as to the purposes of described above.

By changing your browser settings accordingly, you may prevent cookies from being stored; however, we point out that you may not have full access to all the functions of our websites if this is the case. In addition, you may prevent any data created by the cookie and relating to website usage on your part (including your IP address) from being transmitted to and being processed by Google by downloading and installing the browser plug-in available at the link below.

You can find out more information on Google Analytics and data protection at
https://support.google.com/analytics/answer/6004245?hl=en

Furthermore, data collection and storage by Google Analytics can be objected to at any time by setting an opt-out cookie, with effect for the future. For this, please click on the following link. I do not want to be tracked by Google Analytics! By confirming the link, a so-called opt-out cookie is set on your data storage medium. This cookie has a lifetime of 5 years. Please note that, if you delete all cookies from your computer, such opt-out cookie will also be deleted, i.e., if you wish to continue to object to anonymised data collection by Google Analytics, you have to set the opt-out cookie again. The opt-out cookie is set per browser and computer. If you visit our websites from your home and workplace or using different browsers, you have to activate the opt-out cookie for the different browsers or for the different computers.

[For opt-out cookie link: Dear user, you have successfully opted out from Google Analytics tracking.]

11. Social plugins

In our online offer, we use so-called social plugins of different social networks; these are described individually in this Section.

The plugins represent independent extensions of the providers of social networks. Therefore, we do not have any influence on the amount of the data collected and stored by such plugins. If you do not wish that the providers of social networks receive and, where applicable, store data collected via this online offer, you should not use the respective plugins. With the so-called two-click solution, we protect you from your visit to our websites being collected and evaluated by providers of social networks by default.

11.1. Facebook plugins

Facebook is operated at www.facebook.com by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA, and at www.facebook.de by Facebook Ireland Limited, Hanover Reach, 5-7 Hanover Quay, Dublin 2, Ireland (“Facebook”). Here you will find an overview of the various Facebook plugins and their appearance: http://developers.facebook.com/plugins; information on Facebook’s data protection measures can be found here: http://www.facebook.com/policy.php.

11.2. External Links

Our online offer may contain links to third-party websites − i.e. of providers not affiliated to us. After clicking on the link, we do not have any influence on the collection, processing and use of any personal data transferred to the third party by clicking on the link (such as the IP address or the URL of the page containing the link) as the behaviour of third parties is naturally not under our control. We do not assume any responsibility for the processing of such personal data by third parties.

12. Safety

Our employees and the service providers acting on our behalf are obliged to maintain confidentiality and comply with the provisions of the applicable data protection laws.

We take all required technical and organizational measures in order to ensure an appropriate level of protection and to protect your data managed by us particularly against the risks of accidental or unlawful destruction, manipulation, loss, alteration or unauthorized disclosure or unauthorized access. Our security measures are subject to continuous improvement according to technological developments.

13. Your rights as a user

Please use the details set forth in the “Controller” section to assert your rights. When doing so, please ensure that we are able to clearly identify you.

You are entitled to obtain from us information on the processing of your data. For this purpose, you can assert a right of access regarding your personal information we process. In addition, you can require us to rectify incorrect data and – to the extent the statutory provisions are met – complete or erase your data. However, this shall not apply to data required for billing and accounting purposes or subject to the statutory retention obligation. To the extent access to such data is not required, processing thereof will be restricted. In addition, you can require us to – to the extent the statutory provisions are met – restrict the processing of your data.

Objection to data processing:

Moreover, you are entitled to object to data processing by us at any time. We will then cease processing your data, unless we can – in accordance with the statutory provisions – demonstrate compelling legitimate grounds for the further processing which override your interests.

Objection to direct marketing:

Apart from that, you can object to the processing of your personal data for marketing purposes at any time (“objection to marketing”). Please note that for organizational reasons, your withdrawal and the use of your data in the course of a campaign which has already commenced may overlap.

Objection to data processing if “legitimate interest” is the legal basis:

In addition, you are entitled to object to data processing by us at any time to the extent such processing is based upon the legal basis of a legitimate interest. We will then cease processing your data, unless we can – in accordance with the statutory provisions – demonstrate compelling legitimate grounds for the further processing which override your interests.

Withdrawal of consent:

If you have given us your consent to the processing of your data, you can withdraw it at any time with effect for the future. A withdrawal shall not affect the lawfulness of the data up until the time of the withdrawal.

13.1. Data portability

Furthermore, you are entitled to receive data which you provided to us in a structured, common and machine-readable format or – to the extent technically feasible – to request transfer of such data to a third party.

13.2. Right to lodge a complaint with the supervisory authority:

You are entitled to lodge a complaint with a supervisory authority. For this, you can contact the data protection authority which is competent for your place of residence or your state or the data protection authority competent for us.

13.3. Changes to the Privacy Notice

We reserve the right to amend our security and data protection measures to the extent this is necessary due to technological advancements. In these cases, we will also adjust our data protection information accordingly. Therefore, please note the respective current version of our Privacy Notice.

14. Version: 07.30.2018