Privacy Statement

General Provisions

This privacy policy explains how LabCognition, Analytical Software GmbH & Co. KG processes personal data when you visit our website, contact us, apply for a job, and license, activate or receive support for our software.

What is Personal Data?

Personal Data is information that identifies you or can be used to identify or contact you. We collect Personal Data from you when you use our Website as described further in this Privacy Statement.

What does Data Processing mean?

Data Processing means all required steps performed either manually or by utilizing automatic methods to capture, save, use, modify and update or delete your Personal Data.

Which Personal Data is collected on this Website?

When you visit our website, we process connection data (see "ServerLog-Files") and, if you consent, usage statistics (see "Matomo"). When you contact us, request demo software or apply for a job, we process the data you give us, such as your name, company, e-mail address and phone number. When you license our software, we process the data described in "Software Licensing, Activation and Support".

Who collects Personal Data on this Website?

Personal Data on this Website is collected by the operating company. Detailed contact information of the operating company are provided further down in the Contact Information of this Privacy Statement or in the imprint of this website.

How is Personal Data collected?

We collect your Personal Data whenever you disclose them to us. This may happen if you send an E-Mail to us or give us a phone call. Furthermore, you may provide Personal Data through the forms available on this Website.

We also collect information, which are generated automatically when visiting our Website by e.g. your computer of smart phone. Such information is then collected by our IT-infrastructure. These are technical information such as the internet browser you are using to visit our Website, which operating system is installed on your device, the date and time of your visit.
Such information is collected automatically as soon as you visit our Website.

How do we use your Data?

We collect information, some of which contains Personal Data that you provide directly to us. The majority of collected data is used to help us understanding your interests and intentions of using our Website and services. We are using such data to ensure the contents on our Website are displayed accurately and to optimize our services for you. In case you provide your Personal Data to us, we are using it to contact you and communicate with you.

Which Privacy Rights do you have?

According to the General Data Protection Regulations (GDPR) you have the right to request from us the entire Personal Data saved about you, its origin, recipients (if any) and purpose at any time and free of charge. Furthermore, you may request us to correct, lock and partially or entirely delete your Personal Data. If you have any questions regarding the GDPR you may contact us at any time, especially you may contact the responsibles as stated below in the Contact Information of this Privacy Statement or in the imprint of this Website. Your right to lodge a complaint with the responsible data protection authority remains unaffected thereof.

What are Web Analytics Tools and other Third Party Tools?

Your conduct of surfing our Website is subject to monitoring and evaluation as soon as you visit our Website. We use Cookies and if applicable Web Analytics Tools to help us personalize our services for you, remember your preferences, understand how youu are using our Website and help customize our marketing communication. Such aggregated information does not allow us to identify you and is used by us to analyse trends, to administer the Website, to monitor our Website’s use, and to gather general information about the use of our Website. You may revoke analysis entirely or you can disable particular tools to prevent collection of such information.
Further details and guidance are provided in the following.

Obligations and Advices

Privacy and Data Protection

We as the operating company of this Website take protection of your Personal Data seriously. All Personal Data provided to us is securely saved and kept in confidence according to the governing Data Protection laws and this Privacy Statement. Using this Website triggers, that miscellaneous Personal Data are collected. Personal Data is information that identifies you or can be used to identify you. This Privacy Statement explains which kind and how we collect Personal Data and the purpose they are used for.

Moreover, we point out, that any kind of data transfer through the internet such as communication by E-Mail is not secure at full length. Unfortunately, a complete security chain preventing your Personal Data from unauthorized access, use or disclosure by any third party cannot be guaranteed.

Legal Basis

Right to Object
According to Art. 21 GDPR you have the right to object to the processing of your Personal Data under certain circumstances, in particular if we process your Personal Data on the legal basis of legitimate interests (Art. 6(1)(f) GDPR) or if we use your Personal Data for marketing purposes.

Except otherwise stated in this Privacy Statement, we will only use Personal Data for the purpose described therein. According to Art. 13 of the General Data Protection Regulations (GDPR) we explain Personal Data processing to you as follows.

We process personal data only where a legal basis applies: your consent (Art. 6(1)(a) GDPR), the performance of a contract or pre-contractual steps at your request (Art. 6(1)(b) GDPR), a legal obligation (Art. 6(1)(c) GDPR), or our legitimate interests (Art. 6(1)(f) GDPR). Each section below states which basis applies. Where we store information on your device or access it (for example cookies), we rely on § 25 of the German Telecommunications Digital Services Data Protection Act (TDDDG).

We will not share, sell, transfer or otherwise disseminate your Personal Data to third parties, unless required by law according to Art. 6(1)(c) GDPR, unless required for the purpose of your contract according to Art. 6(1)(b) GDPR, unless we are allowed to do so on the basis of a data processing agreement according to Art. 28 GDPR or you have given us express consent to do so according to Art. 6(1)(a) GDPR.

We can disclose your information in order to pursue our legitimate interest in applying or enforcing our terms and conditions or in responding to any claims, in protecting our rights or the rights of a third party, in protecting the safety of any person or in preventing any illegal activity (including for the purposes of fraud protection and credit risk reduction) according to Art. 6(1)(f) GDPR.

Contact Information

Data Processing on this Website is performed by the following responsible company:

LabCognition, Analytical Software GmbH & Co. KG
Koelner Str. 89
50859 Cologne, Germany

Phone: +49 221 94102318
E-Mail: privacy@labcognition.com
The above legal entity is the responsible company, either alone or in cooperation with others to make decisions on the Personal Data purpose and processing tools.

Changes to this Statement

We will occasionally update or amend this Privacy Statement to reflect company and customer feedback. We encourage you to periodically review this Statement to be informed of how LabCognition, Analytical Software GmbH & Co. KG is protecting your information.

Right of Access

According to Art. 15 GDPR you have the right to request confirmation as to whether we process your Personal Data and where that is the case, to request access to the Personal Data we hold about you.

Right to Rectification

According to Art. 16 GDPR you have the right to request the completion and/or correction of inaccurate Personal Data.

Right to Erasure

According to Art. 17 GDPR you have the right to request erasure of Personal Data without undue delay under certain circumstances, e.g. if your Personal Data is no longer necessary for the purposes for which it was collected or if you withdraw consent on which our processing is based according to Art. 6(1)(a) GDPR and where there is no other legal ground for processing.

Right to Restriction of Processing

According to Art. 18 GDPR you have the right to request us to restrict the processing of your Personal Data under certain circumstances, e.g. if you think that the Personal Data we process about you is incorrect or unlawful.

Right to Data Portability

According to Art. 20 GDPR, under certain circumstances, you have the right to receive your Personal Data you have provided us with, in a structured, commonly used and machine-readable format and you have the right to transmit that information to another controller without hindrance or ask us to do so.

Right to Revocation

According to Art. 7(3) you have the right to withdraw your consent to processing Personal Data at any time. A formless message e.g. sent by E-Mail is sufficient to withdraw your consent. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

Right to Object

According to Art. 21 GDPR you have the right to object to the processing of your Personal Data under certain circumstances, in particular if we process your Personal Data on the legal basis of legitimate interests (Art. 6(1)(f) GDPR) or if we use your Personal Data for marketing purposes.

Right to lodge a Complaint before the Data Protection Authority

You have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of your habitual residence, place of work or place of the alleged infringement if you consider that our processing of your Personal Data infringes the applicable data protection laws.
Please contact us at the Contact Information mentioned above and we will assist you to identify the respective competent supervisory authority.
In most cases this should be: Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen, Kavalleriestr. 2-4, 40213 Düsseldorf, Germany.

Security of your Personal Data

For data protection and security reasons we secure the personally identifiable information you provide to us on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When Personal Data is transmitted by our Website, it is protected through the use of encryption, such as the Transport Layer Security (TLS) protocol.

You can recognize an encrypted connection in your browser’s address line when it changes from http:// to https:// and/or the lock icon is displayed in your browser’s address bar. In this case, the data you transfer to us is encrypted in transit.

Data Collection on our Website

Server Log-Files

Our Website is saved on a server infrastructure. The provider of the server saves information on Website visits automatically. Such information is saved in so called Log-Files being transmitted by your internet browser to the server automatically. In particular, the following information is transmitted:

 

• Language
• Browser type and version
• Date and time of request
• (anonymized) IP-Address
• Error codes
• Operating System
• Referrer URL

Our website is hosted by Hetzner Online GmbH, Industriestraße 25, 91710 Gunzenhausen, which processes this data as our processor under a data processing agreement (Art. 28 GDPR). We do not merge this data with other data sources. We process it to deliver the website, to detect and fix errors and to defend against attacks. The legal basis is our legitimate interest in the secure and stable operation of our website (Art. 6(1)(f) GDPR). We delete log files after 7 days, unless we need them longer to investigate a specific security incident.

Applications/Application Procedure

If you apply for a job or an apprenticeship, we process your name, contact details, CV, certificates, qualifications, salary expectations and any other data you include in your application or give us in interviews.
Please do not send us information about your health, religion, ethnic origin or other special categories of data unless it is needed for the application, for example a severe disability you want us to consider. We process your data to decide on your application. The legal basis is Art. 6(1)(b) GDPR (steps prior to entering into an employment contract).
Only the people involved in the recruitment decision have access to it. If we hire you, your data becomes part of your personnel file. If we do not hire you, we delete your data 6 months after we inform you of our decision. We keep it during this period to be able to respond to legal claims (Art. 6(1)(f) GDPR).
If you consent, we keep your application longer for future vacancies (Art. 6(1)(a) GDPR).

Contact Form/E-Mail

Should you send us questions or requests via a contact form, we will collect the data entered on the form, including the contact details you provide, to answer your questions or process your requests and any follow-up questions and requests. We do not share this information without your permission.
We process this data to answer your inquiry. If your inquiry relates to a contract or to the preparation of a contract, the legal basis is Art. 6(1)(b) GDPR. Otherwise, it is our legitimate interest in answering inquiries addressed to us (Art. 6(1)(f) GDPR).
We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods (6 years for commercial letters, 8 years for accounting records and 10 years for books and annual financial statements, § 257 HGB, § 147 AO), remain unaffected by this provision.

Processing of Customer and Contractual Data

We need your Personal Data to comply with our contractual obligations. Therefore, we process your personal data according to Art. 6(1)(b) GDPR. For example, where you have provided us with your E-Mail address to receive our services or products, we will use this information in order to effectively deliver and communicate information to you in regard to such products and services. We will retain the data you provide us until the contractual obligations are fulfilled. Any mandatory statutory provisions, especially those regarding mandatory data retention periods (6 years for commercial letters, 8 years for accounting records and 10 years for books and annual financial statements, § 257 HGB, § 147 AO), remain unaffected by this provision.

Matomo (formerly PIWIK)

This Website uses Matomo, a web analytics open-source software. The provider of these services is InnoCraft Ltd., 150 Willis St, 6011 Wellington, New Zealand. Matomo uses Cookies, which are text files placed on your computer, to help the Website analyze how users use the site. The information generated by the cookie about your use of the website is the following:

 

• your IP-Adress (anonymized prior to its storage)
• the visited Website URL
• the Referrer-URL
• Sub-Websites being visited from this site
• the duration of your visit
• the frequency of repeated visits of the Website

Matomo runs on our own servers in Germany, hosted by Hetzner Online GmbH, Industriestraße 25, 91710 Gunzenhausen, and the data is not shared with InnoCraft Ltd. or other third parties.
Your IP address is shortened before it is stored.
We use Matomo only if you consent in our cookie banner (§ 25(1) TDDDG, Art. 6(1)(a) GDPR).
You can withdraw your consent at any time under "Open cookie settings".
The Matomo cookies expire after 2 weeks. We delete the stored visit data after 500 days.

Software Licensing, Activation and Support

This section covers personal data we process when you download a trial version of, license, activate, register or receive support for our software, under any brand name, including the License Leasing Server.

Which data we process

Trial download: to give you access to the download of a trial version, we process your e-mail address. It is used to contact you about your evaluation.

For all licenses:

• Order data: the business contact data you provided when ordering the license, or the order data we received from the distribution partner who sold it to you.
• License data: serial number, licensed modules, license type and validity, date of creation, date of activation and the dates of any reactivations.

Depending on the license type, in addition:

• Dongle license: the dongle number (the hardware serial number of the dongle, which differs from our serial number). Registering a dongle license is voluntary. We recommend it so that we can verify your identity when you request support. If you register, we process the registration data listed below.
• Serial number license: activation is required and uses a registration form in the software or in our licensing portal. We process the registration data listed below.
• Network license keys: they are activated in the License Leasing Server with the same registration form. We process the registration data listed below. The License Leasing Server also records which computers lease licenses and when. This record stays in your own network. We only see it if you show it to us during a license audit.

Registration data:

• Required: serial number and e-mail address.
• Generated during activation: the machine key, derived from technical identifiers of the computer on which the software is activated, and the unlock code returned by our licensing server. These do not contain personal data by themselves, but become personal data in combination with your e-mail address.
• Voluntary: title, first name, last name, company, department, street, ZIP code, city and phone number.

When you contact our support, we also process the content of your request. If you allow remote access to your computer for support, we may see data stored there. We use such data only to resolve your request.

Purposes and legal basis

You can withdraw your consent at any time with effect for the future by writing to privacy@labcognition.com.

Where the data is stored

Activation and registration data is stored on our licensing server at licensing.labcognition.com. We operate this server ourselves. It is hosted in data centers in Germany by Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany, which acts as our processor under a data processing agreement (Art. 28 GDPR).

Recipients

We do not sell your data or use it for advertising. If you obtained the software from one of our distribution partners, we may share license and contact data with that partner, as far as needed to provide support and to pass on security notices. Service providers who host or maintain our systems process data only on our instructions under a data processing agreement.

Retention

We keep license and activation data for as long as the license exists, and at least until the end of the security support period for the licensed version. After that, we delete it unless statutory retention periods apply (6 years under commercial law, 10 years under tax law). Support requests are deleted 5 years after they are closed.

Your rights

Your rights to access, rectification, erasure, restriction, data portability and objection, and your right to lodge a complaint with a supervisory authority, are described in the general part of this privacy policy. Deleting the data of an active serial number license may mean that the license can no longer be moved or supported.