1. General Information
This Data Protection Policy applies to any processing of personal data with regard to Smart PLS GmbH, in particular the visit of the website https://www.smartpls.com/. Personal data means any information relating to an identified or identifiable natural person, such as a name, the date of birth, an e-mail address or an IP-address. Processing means any operation or set of operations which is performed on personal data or on sets of personal data such as collection, recording, storage or any other use.
2. Data Processor
The party responsible for processing data (controller) on this website is:
represented by the managing partners Prof. Dr. Christian M. Ringle and Mr. Sven Wende
P.O. Box 1123
Tel.: +49 176 52074990
Internet address: www.smartpls.com
For any data protection issues please contact us under above contact mentioning the reference “data protection”.
3. Collection, processing, use and storage of personal data
The way of collection, processing and use of personal data as well as the duration of storage depend on the way of you staying in contact with us. To understand the details of processing, we list the different categories of contact with us together with detailed information to purpose and legal basis.
Visit of our website
When visiting our website the provider automatically collects, stores and transmits to us "SERVER-LOG-FILES” containing the following information: IP-address, browser type and browser version, operating system used, referrer URL, host name of the accessing computer, time of the server request. Such data processing provides an effective and comfortable use of website, avoidance of failure-free operation of our website and improvement of the administration of the website. The basis for data processing is Art. 6, paragraph 1 lit. f GDPR.
SmartPLS uses the services of the hosting company Domainfactory GmbH, Oskar-Messter-Str. 33, 85737 Ismaning, Germany, https://www.df.eu/int/impressum/ (“Domainfactory”) located within the European Union for any data processing in conjunction with the use of our website. This is governed by a data processing contract, as a result of our legitimate interests in a correct and professional presentation of our products on our website.
Staying in Contact / License Purchase
If you get in contact with us, in particular
- for purchasing the actual version of a license of our SmartPLS-Software,
- for making use of our free trial offer,
- for subscribing for the free use of an earlier version of our SmartPLS-Software,
- for addressing questions to us via e-mail or via our Ticket System/Helpline
- for subscribing to receive our newsletter or
- for any other reasons you might want to get in contact with us,
we will collect the data and information provided to us in order to answer your questions, in order to follow-up questions, in order to perform a contract (including accounting and tax purposes), in order to take steps prior to entering into a contract, in order to provide licenses and conclude license agreements and in order to provide information. The legal basis for our data processing with the above is legitimate interests according to Art. 6, paragraph 1 lit. f GDPR. Any other data processing will only be done on basis of your consent according to Art. 6, paragraph 1 lit. a and Art. 7 GDPR.
Additional Note on Accounting
Data processing in conjunction with our customer data and orders is carried out by a processor being located within the European Union, namely Fastbill GmbH, Wildunger Str. 6, 60487 Frankfurt am Main, Germany, https://www.fastbill.com/impressum (“Fastbill”). This is governed by a respective contract for data processing as a result of our legitimate interests in a reliable and effective costumer management, accounting and billing system, and personal data in this context will be stored with this processor.
Additional Note on E-Mails
Data processing in conjunction with the technical delivery and management of your e-mails is carried out by a processor being located within the European Union, namely Drip, Avenue 81, Inc., 9th Floor, 107 Cheapside, London, EC2V 6DN, UK, https://www.drip.com/privacy (“Drip”). This is governed by a respective contract for data processing as a result of our legitimate interests in an error free organization of our e-mail traffic, and personal data in this context will be stored with this processor. Further information to Drip can be found here https://www.drip.com.
Additional Note on Ticket System/Helpline
Data processing in conjunction with our Ticket System/Helpline is carried out by a processor being located within the European Union. This is governed by a respective contract for data processing as a result of our legitimate interests in a reliable and effective support system, and personal data in this context will be stored with this processor. Should a SmartPLS user or visitor have questions or queries, you can contact us at any time via email or via our website SmartPLS.com.
Additional Note on Discussion Forum
Data processing in conjunction with our discussion forum is carried out by a processor being located within the European Union, namely phpBB Deutschland e. V., Sandweg 17, 70771 Leinfelden-Echterdingen, Germany, https://www.phpbb.de/phpbbde/impressum (“phpBB”). This is governed by a respective contract for data processing as a result of our legitimate interests in a reliable and effective user discussion forum system, and personal data in this context will be stored with this processor. Any personal information submitted shall only be used to place a post in conjunction with our products and services. We save your post in our discussion forum, and your post will be published on our website accessible to any visitor.
Additional Note on Newsletter and other Marketing Activities
At occasion we ask you to voluntarily consent to be addressed with the SmartPLS newsletter and other marketing activities. In conjunction with this consent we only collect your name and e-mail-address. We collect the data in order to identify you as a contact, in order to store the information that you have given consent to our marketing activities, in order to provide you with information about developments in science and research as well as academic information, in order to inform you about products, seminars or other news in conjunction with the method Partial Least Square or the SmartPLS-Software, in order to contact you for marketing purposes, in particular to provide you with our newsletter, in order to provide you with promotional offers and in order to evaluate the popularity of our marketing measures. The legal basis for our data processing in conjunction with your consent is Art. 6, paragraph 1 lit. a and Art. 7 GDPR.
Data processing in conjunction with SmartPLS marketing activities is carried out by a processor being located within the European Union, namely with Drip, Avenue 81, Inc., 9th Floor, 107 Cheapside, London, EC2V 6DN, UK, https://www.drip.com/privacy (“Drip”). This is governed by a respective contract for data processing as a result of our legitimate interests an error-free and effective system to carry out marketing activities and send out our newsletter, and personal data in this context will be stored with this processor. An “unsubscribe” link can be found in every newsletter-mailing.
Right to Withdraw your Consent: Your consent to be addressed with the SmartPLS newsletter and other marketing activities of SmartPLS is voluntary and may be withdrawn or restricted at any time for the future (Art. 7, paragraph 3 GDPR). Our e-mails sent for marketing purposes always provide the possibility to unsubscribe from our marketing measures. Alternatively, please send an e-mail to support[at]smartpls.com with the reference “no more advertising” in order to withdraw your consent.
In addition to above right to withdraw your consent you have extensive rights in your personal data, namely the right of information, rectification, erasure, restriction, objection as well as the right to data portability and the right to lodge a complaint with a supervisory authority, which are explained more in detail later in this statement. If you want to make use of any of above rights please contact us under support[at]smartpls.com.
In case of data processing in conjunction with your consent we store your personal data until you withdraw your consent. For the rest we will retain the data you provide until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains. Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.
Additional Note on Payment
The license purchase of the actual version of our SmartPLS-Software requires payment. Payment can be made via PayPal, Braintree or via bank transfer.
Operator is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”). If you opt for payment via PayPal, the data you provide and the IP-address will be transferred to PayPal. PayPal’s actual privacy note is applicable of which you can take note here: https://www.paypal.com/de/webapps/mpp/ua/privacy-full. The transfer is based on your consent according to Art. 6, paragraph 1 lit. a GDPR and on the performance of a contract according to Art. 6, paragraph 1 lit. b GDPR. Your consent is valid until you withdraw your consent which is possible at any time for the future by sending an e-mail to support[at]smartpls.com
Braintree (https://www.braintreepayments.com/en-de/contact) is a service of PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”). If you opt for payment via credit card, the data you provide and the IP-address will be transferred to Braintree. Braintree’s actual privacy note is applicable of which you can take note here: https://www.braintreepayments.com/en-de/legal/braintree-privacy-policy. The transfer is based on your consent according to Art. 6, paragraph 1 lit. a GDPR and on the performance of a contract according to Art. 6, paragraph 1 lit. b GDPR. Your consent is valid until you withdraw your consent which is possible at any time for the future by sending an e-mail to support[at]smartpls.com
4. Social Media PlugIns
Our website uses the following social media plugins (“plugins”):
- Facebook, Inc. Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA. („Facebook“) (“Facebook”) / https://de-de.facebook.com/policy.php.
- Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. („Twitter“) / https://twitter.com/privacy.
- LinkedIn Corporation, 1000 W. Maude Ave., Sunnyvale, California 94085, USA. („LinkedIn“) / https://www.linkedin.com/legal/privacy-policy
- Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”) / https://policies.google.com/privacy
The use of social media plugins is based on our legitimate interests in a satisfying presentation of our products according to Art. 6, paragraph 1 lit. f GDPR.
For more information on the purpose and scope of data collection and further processing and use of data including possibilities of blocking use by social media plugins, please take note of above links to the privacy notes of each company.
5. Analytic and Advertising Tools
We use services of the company Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). The U.S. Department of Commerce has approved Google's certification to the Privacy Shield as fully compliant (EU Privacy Shield). We have concluded a data processing contract with Google. The use of Google’s services is based on our legitimate interests in analyzing user behavior in order to optimize website and its advertising, in providing a satisfying presentation of our products and in preventing abuse according to Art. 6, paragraph 1 lit. f GDPR.
Google Analytics is a web analysis service operated by Google. Google Analytics stores cookies on your computer for the purposes of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google uses the data collected to analyze the surfing patterns of visitors on our website. The information generated by the cookie about your use of this website (including your IP address) will be sent to a Google server in the United States and stored there. Google will use this information to evaluate your use of the website, to compile reports on website activity for website operators and to report other website activity and internet-related services. Detailed information about Google Analytics can be found here: https://support.google.com/analytics/answer/6004245?hl=en.
Google will anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to Google servers in the USA but the IP address is anonymized before being stored.
We use the reCAPTCHA service provided by Google to protect your submissions via internet submission forms on this site. This plugin checks if you are a person in order to prevent certain website functions from being (ab)used by spam bots (particularly comments). This plugin query includes the sending of the IP address and possibly other data required by Google for the Google reCAPTCHA service. For this purpose, your use of our website will be communicated to and used by Google.
6. Amazon Partner Program
7. Your Rights
You have the following rights in relation to your personal data:
- to access the personal information held by us about you (right of access);
- to have your personal information corrected, for example if it is incomplete or incorrect (right of rectification);
- in certain circumstances and subject to applicable law, to restrict or object to the processing of your personal information, or request that your personal information is erased (right of erasure);
- in certain circumstances and subject to applicable law, to receive a copy of the personal information which you have provided to the firm, in a structured, commonly used and machine-readable format (right of data portability);
- where you have provided personal information voluntarily, or otherwise consented to its use, the right to withdraw your consent (right of withdrawal);
- to object against the processing of your personal data (right to object), specified below:
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6 (1) GDPR, including profiling based on those provisions. We shall no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims. Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
- the right to file a complaint with a Data Protection Authority (right of complaint).
If you want to make use of any of above rights please contact us under support[at]smartpls.com.
8. Data security
We have taken technical and organizational measures to protect your data against loss, modification or unauthorized access. We continuously improve these security measures according to the technological development. At the same time, we would like to point out that security holes cannot be excluded completely in the course of data transfer via internet for which reason total protection of personal data against access of third parties is not possible.
9. Limited transfer
We will only transfer your personal data on the basis of your consent or where necessary for performance of a contract, for steps prior to entering into a contract or where governed by legitimate interests. We also reserve the right to disclose personal data in case we are obliged to do so by law or if the disclosure is lawfully demanded by public authorities or law enforcement agencies.
10. Websites of Others
Our website may provide links to and from websites of third parties. Please note that we do not take over any responsibility for content and privacy notes of other websites. Please have a look in the privacy notes of the respective website before transmitting any personal data.
11. Update and modification