We, netcup GmbH, are pleased about your interest in our homepage, our offers, services and our company.
"Personal data" means any information relating to an identified or identifiable natural person; 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 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 upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
"Controller" or "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; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law;
"Recipient" means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigation mandate under European Union or Member State law shall not be considered as recipients; the processing of such data by the aforementioned authorities shall be carried out in accordance with the applicable data protection legislation in accordance with the purposes of the processing;
II. General information
We point out that data transmission over the Internet (eg communication by e-mail) security gaps. A complete protection of the data against access by third parties is not possible.
1. Note on the responsible body
The responsible party for data processing on this website is:
Telefon: +49 721 7540755-0
Telefax: +49 721 7540755-9
The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, e-mail addresses, etc.).
2. Contact details of the data protection officer
ANEXIA Internetdienstleistungs GmbH
Feldkirchner Straße 140
You can also contact our data protection officer using the form below:
3. Information on processing operations
We point out the respective legal basis of individual processing operations. If we intend to transfer data to third countries outside the European Union (EU) or the European Economic Area (EEA), this will also be indicated.
4. Data subject rights
As a data subject, you have the following rights:
- In accordance with Art. 15 DSGVO, you can request information about your personal data processed by us; furthermore, you can request information regarding the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the planned storage period or the criteria for determining the storage period, the origin of your data if it has not been collected from you, the existence of automated decision-making including profiling and, if applicable, meaningful information about its details such as logic, scope and effects, the existence of the right to rectification or erasure of the data concerned, the right to restriction of processing or to object to such processing, the existence of the right to object to such processing, the right to object to such processing and the right to object to such processing. meaningful information about its details such as logic, scope and effects, the existence of a right to rectification or erasure of the data concerning you, the right to restrict processing or to object to such processing, the existence of a right to lodge a complaint with the supervisory authority; finally, you have a right to be informed whether personal data have been transferred to a third country or to an international organization and - if this is the case - about the appropriate safeguards in connection with the transfer;
- in accordance with Art. 16 DSGVO, you can request the immediate correction of incorrect or the completion of your personal data stored by us;
- in accordance with Art. 17 DSGVO, you may request the erasure of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defense of legal claims;
- in accordance with Art. 18 DSGVO, you may request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer need the data, you need the data no longer required by us for the assertion, exercise or defense of legal claims or you have objected to the processing in accordance with Art. 21 DSGVO, but it has not yet been determined whether our legitimate grounds for data processing override your interest;
- in accordance with Art. 20 DSGVO, you may request that the personal data you have provided to us be transferred to you in a structured, commonly used and machine-readable format or transferred to another controller;
- in accordance with Art. 21 DSGVO, you may object to the processing of your personal data if there are grounds for doing so that arise from your particular situation or if the objection is directed against direct advertising and the legal basis for the processing of the personal data is legitimate interests pursuant to Art. 6 (1) p. 1 lit. f DSGVO;
- in accordance with Art. 7 (3) DSGVO, you may revoke your consent at any time. This has the consequence that we may no longer continue the data processing based on this consent for the future.
- in accordance with Art. 77 DSGVO, you may lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement.
If you would like to exercise the aforementioned data subject rights, you can contact us or our data protection officer at the above contact details at any time in this regard.
5. Deletion and restriction of personal data
Unless otherwise regulated in this data protection declaration for the individual case, personal data will be deleted if it is no longer required for the purposes for which it was collected or otherwise processed and for which there are no longer any statutory retention obligations.
We delete the personal data processed by us under the conditions of Art. 17 DSGVO upon request. Personal data that is required for other and legally permissible purposes will not be deleted. This applies, for example, to personal data that is required for the pursuit of any claims to which we are entitled and which must be retained by us for reasons of commercial or tax law. For example, documents pursuant to Section 257 (1) Nos. 2 and 3 of the German Commercial Code (HGB) and Section 147 (1) Nos. 2, 3, 5 of the German Fiscal Code (AO) are retained for 6 years, while documents pursuant to Section 257 (1) Nos. 1 and 4 of the German Commercial Code (HGB) and Section 147 (1) Nos. 1, 4, 4a of the German Fiscal Code (AO) are retained for 10 years.
The processing of this data is restricted in accordance with Art. 18 DSGVO and the data is not processed for other purposes.
6. SSL or TLS encryption
This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.
If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
For each cookie, the name of the cookie, the purpose that the cookie is intended to fulfill, possible access to the cookie by third parties and the duration of the function are specified or after which period a cookie is deleted. Session cookies are deleted after the end of your respective use of our offer or after ending the browser session.
a) Necessary cookies
Some of the cookies that we use in our offer are absolutely necessary. This means that you cannot use our offer without these cookies on your terminal device. Such cookies provide certain functionalities that we need to operate our offer, in particular to be able to provide a service expressly requested by you as a user of our offer.
|Name of the cookie||Purpose||Function duration||Third party access|
|PHPSESSID||This cookie preserves the state of the session across page requests.||1 session||No personal data is stored.|
These data processed by cookies are necessary for the aforementioned purposes to protect our resulting legitimate interests as well as those of third parties pursuant to Art. 6 (1) p. 1 lit. f DSGVO.
b) Other cookies
Further cookies are used in our offer with your consent. You give your consent either via the cookie banner on the homepage of our offer or when you register as a user of our offer.
We use these cookies, for example, to optimize the user-friendliness of our offer and to statistically evaluate the use of our offer. If you call up our offer repeatedly, it is automatically recognized that you have already been with us at an earlier point in time. Entries and settings that you have already made remain stored.
|Name of the cookie||Purpose||Function duration||Third party access|
|MATOMO_SESSID||A functional cookie for fraud prevention||1 session||No personal data is stored.|
|piwik_ignore||The cookie is set for anonymized user statistics||1 session||No personal data is stored.|
|mtm_consent_removed||The cookie is set to remind that the user has not given consent to tracking.||30 years||No personal data is stored.|
III. Server log files
When you access our website or the individual pages, information is automatically sent to the server of our website by the browser on your terminal device. The following information is stored in log files:
- IP address of the requesting computer,
- Date and time of access,
- Name and URL of the file accessed,
- Website from which the access is made (referrer URL),
- browser used and, if applicable, the operating system of your computer,
- status codes and amount of data transferred,
- This data is processed for the following purposes:
- Provision of the Internet offer, including all functions and content,
- Ensuring a smooth connection of the website,
- Ensuring a comfortable use of our website,
- Ensuring system security and stability,
- Anonymized statistical evaluation of accesses,
- Optimization of the website,
- Disclosure to law enforcement authorities if an illegal intervention/attack on our systems has occurred,
- other administrative purposes.
This data will be deleted after fourteen days if it is no longer required for other purposes (for example, defense or assertion of claims). The legal basis for the data processing is Art. 6 para. 1 p. 1 lit. f DSGVO. Our legitimate interest follows from the purposes for data collection outlined above.
IV. Contract data
Contractual data In connection with and for the purpose of fulfilling pre-contractual measures and contractual obligations for our offer, which take place at your request, we process the data required for the fulfillment of the contract. This includes:
- Name, address, e-mail address and telephone number, billing e-mail address if different, company if applicable;
- customer number;
- Contract data, such as subject matter of contract (booked services), term, customer category;
- Payment data, such as bank details, credit card data, payment history.
- Optionally, the following data may also be processed:
- further contact data, for example a fax number;
- for more secure access, a second factor for logging into our user interface.
The legal basis for data processing is Art. 6 para. 1 p. 1 lit. b DSGVO.
Your data will be used for the purposes of our offer and to contact you for information relevant to the offer and registration. For this purpose, we create a customer account for you. Due to the nature of our services, you need the customer account so that you can view, monitor and configure the services you have ordered from us. You can view and change your data via your personal user account. Your data will be stored until you terminate your contracts with us and delete the customer account, or until you instruct us to delete your data. If we have to store your personal data due to, in particular, legal obligations under tax and commercial law, the processing of your personal data will be restricted accordingly until the expiry of the retention periods. After that, this data will be deleted.
If you conclude a contract with us by placing an order or otherwise use the user account, for example to configure your contractual services, we store the IP address and the time of the respective usage action. The storage is based on our and your legitimate interests according to Art. 6 para. 1 p. 1 lit. b DSGVO to provide our offer and according to Art. 6 para. 1 p. 1 lit. f DSGVO to protect against misuse and other unauthorized use. The user account and the data stored in this context also serve in particular to make it easier for you to place further orders with us and to access your order history. In principle, this data is not passed on to third parties, unless it is necessary for the fulfillment of contractual obligations according to Art. 6 para. 1 lit. b DSGVO or the protection of our legitimate interests according to Art. 6 para. 1 sentence 1 lit. f DSGVO, for example for the pursuit of any claims due to us or defense against us, or if there is a legal obligation to do so according to Art. 6 para. 1 lit. c DSGVO.
The data will be disclosed to third parties for the fulfillment of contractual obligations pursuant to Art. 6 para. 1 lit. b DSGVO only to the extent necessary for the fulfillment of pre-contractual measures and contractual obligations, e.g. to banks, payment service providers, credit card companies for the processing of payments, to shipping service providers for the shipment of goods and, when registering domains through us, to registrars of top-level domains.
V. netcup customer forum
In connection with, and for the purpose of, the fulfillment of pre-contractual measures and contractual obligations for your membership for the netcup customer forum, which take place at your request, process the data required for the contractual fulfillment of the user agreement concluded with you. This includes your name, e-mail address and a user name selected by you to create your user account.
After you have created your user account, you can voluntarily save further data in your user account (for example, an avatar, photos or your address) and exchange messages with other users. Depending on your activities for the netcup customer forum, even more details can be added to your user account (for example, likes received from other users and awards for special achievements).
The legal basis for the processing of this data is Article Art. 6 (1)(b) DSGVO.
The personal data collected will be processed by us to provide the netcup customer forum and to contact you for offer and registration-related information. You can view your personal data and make changes to this data via a personal user access.
Your data will not be disclosed to third parties beyond the use and publication in the netcup customer forum, unless it is necessary for the fulfillment of contractual obligations pursuant to Art. 6 para. 1 lit. b DSGVO or for the pursuit of any claims due to us or defense against claims asserted against us, or if there is a legal obligation to do so pursuant to Art. 6 para. 1 lit. c DSGVO. Your data will be stored until you delete the user account or instruct us to delete your data. If we are obliged to store your personal data due to legal, in particular tax and commercial law retention periods, the processing of your personal data will be restricted accordingly until the retention periods expire and then this data will be deleted.
If you create a user account for the netcup customer forum on our Internet offer or use the user account for the netcup customer forum, we store the IP address and the time of the respective usage action. The storage is based on our legitimate interests according to Art. 6 para. 1 p. 1 lit. f DSGVO to provide our offer. The storage is also in your interest to protect you from misuse and other unauthorized use. The IP addresses are anonymized or deleted after 7 days at the latest.
The data will be disclosed to third parties only to the extent necessary to fulfill pre-contractual measures and contractual obligations, to provide the netcup customer forum, if we are legally obliged to disclose the data (for example, by official order), and to assert, exercise or defend against claims.
To ensure that the customer forum is not overrun with spam bots, captcha questions are used. Captcha questions are an internal service of our forum software and are currently asked during registration as well as during the functions "Forgot password" and "Send e-mail to user". The search function is currently in use without Captcha query, because it can only be reached when a user is already logged in.
VI. Web analytics with Matomo
We use the open source software tool Matomo (formerly PIWIK) on our website to analyze the surfing behavior of our users. The software does not set any cookies on the user's computer (for cookies, see already above), which store personal data. If individual pages of our website are called up, the following data is processed:
- Two bytes of the IP address of the user's calling system.
- The accessed web page
- Date and time of access
- The website from which the user accessed the accessed website (referrer)
- The subpages accessed from the accessed website
- The time spent on the website
- The frequency with which the website is accessed
This data serves the purpose of ensuring a needs-based design and the ongoing optimization of our website, to measure the success of marketing measures and to create statistical evaluations. The legal basis is our legitimate interests according to Art. 6 para. 1 lit. f DSGVO. The information is not passed on to third parties and in no case is the IP address associated with other data relating to the user. The IP addresses are anonymized so that an assignment is not possible.
The software runs exclusively on the servers of our website. Data is not passed on to third parties. The software is set so that the IP addresses are not stored in full, but 2 bytes of the IP address are masked (ex.:192.168.xxx.xxx). In this way, an assignment of the shortened IP address to the calling computer is no longer possible.
If you do not agree with the storage and use of your data by Matomo, you can also deactivate the storage and use here. In this case, an opt-out cookie is stored in your browser, which prevents Matomo from further storing and processing usage data in the future. If you delete your cookies, this has the consequence that the Matomo opt-out cookie is also deleted. The opt-out must be reactivated when you visit our site again.
This website uses Friendlycaptcha. Friendlycaptcha is used to ensure that the forms provided are used by a natural person and not abusively by machine or automated processes.
Friendlycaptcha collects your IP address and sends a cryptogaphic task to the end device with which you use our offer. This cryptogaphic task is solved by your terminal without any input from you. If the task is solved in the correct way, Friendlycaptcha confirms to the server running our website that a human and not a machine is visiting our website.
When a form is accessed on our website that uses Friendlycaptcha, the following data is processed and stored by Friendlycapthca:
- IP address of the requesting computer in anonymized form;
- browser used and, if applicable, the operating system of your terminal device;
- the website from which Friendlycaptcha is accessed;
- the cryptographic task that contains information about our use of it;
- the software version of Friendlycapthca we use;
- Date and time of access;
- Website from which the access is made (referer URL);
Friendlycaptcha stores an anonymized counter for each IP address in order to control the complexity of the cryptographic tasks and to prevent legitimate users from being blocked. This data is collected separately from the rest of the data and cannot be attributed to any specific internet service. For this purpose, the IP addresses are anonymized with a hash value so that users can no longer be identified.
Friendlycaptcha is offered by Friendly Captcha GmbH, Am Anger 3-5, 82237 Woerthsee, which operates on our behalf. Personal data is processed by this service provider on our behalf. We use this service in our legitimate interest in the security of our website and the detection of bot activities according to Art. 6 para. 1 p. 1 lit. f DSGVO.
VIII. Communication and advertising
1. Contact form ("Make a request") / Other contacting
If you use the contact form, you must provide your name and email address and the category of your request so that we can contact you personally. If you use other means of communication to make a request to us, we also need your name and contact information where we can reach you (for example, email address, address, phone number or fax number). If you do not provide this information, we will not be able to process your request or contact you. In addition, you can voluntarily provide your telephone number and other data.
When you contact us, we process your personal data to handle your request on the basis of Art. 6 (1) p. 1 lit. b DSGVO, provided that your request is related to the performance of a contract or is necessary to carry out pre-contractual measures with you personally. In all other cases, the processing is based on your consent pursuant to Art. 6 para. 1 p. 1 lit. a DSGVO and/or in our legitimate interest in effectively processing the requests addressed to us pursuant to Art. 6 para. 1 p. 1 lit. f DSGVO.
All personal data collected in connection with contacting us will be deleted when your request is completed, unless it is necessary to continue storing the data for other reasons (e.g. subsequent conclusion of a contract or defense of claims asserted against us).
2. Postal advertising
If you are a customer of ours and we have received your data in connection with the sale of a product or the use of a service, we may use your data (first and last name, address and, if you work for a company, your company affiliation) for direct mail advertising for goods or services offered by us or by third parties. In addition to this data, we may also store other data that we have lawfully collected about you for the aforementioned advertising purposes. This may be, for example, your order history or the type of goods you have purchased from us.
The purpose of this data processing is to target you as precisely as possible with advertising that corresponds to your interests and to avoid advertising that does not appeal to you. The legal basis of the processing is our legitimate interest in direct marketing according to Art. 6 (1) lit. f DSGVO. Your data will be processed and stored for this purpose until you object to further use for postal advertising.
Postal advertising requires a certain lead time before dispatch in order to print the items and make them ready for dispatch. If you object to postal advertising, it may exceptionally happen that you still receive advertising by mail from us. This is the case if the production process for the corresponding mailing had already started when you objected. This does not mean that we will not take your objection into account.
If you would like to receive our newsletter, we need your e-mail address. You can enter your name voluntarily. The data processing for the purpose of sending the newsletter is carried out according to Art. 6 para. 1 p. 1 lit. a DSGVO on the basis of your voluntarily given consent by means of the so-called double opt-in procedure. The e-mail address will be used and stored for this purpose until you revoke your consent or unsubscribe from receiving the newsletter. Without this consent, you cannot subscribe to our newsletter. Unsubscribing is possible at any time, for example via a link at the end of each newsletter. Alternatively, you can also send your revocation/unsubscribe request at any time to the e-mail address mentioned under point II.
We send our newsletters with a so-called tracking pixel. A tracking pixel is a miniature graphic that is embedded in the HTML format of the sent newsletter to enable an analysis of reader behavior. In this context, we store whether and at what time a newsletter was opened by you and which of the links contained in the newsletter were called up by you. We use this data to create statistical evaluations of the success or failure of a marketing campaign in order to optimize newsletter distribution and to better tailor the content of future newsletters to your interests. The collected data is not passed on to third parties and is deleted after the statistical evaluation. We send our newsletters with a so-called tracking pixel. A tracking pixel is a miniature graphic that is embedded in the HTML format of the sent newsletter to enable an analysis of reader behavior. In this context, we store whether and at what time a newsletter was opened by you and which of the links contained in the newsletter were called up by you. We use this data to create statistical evaluations of the success or failure of a marketing campaign in order to optimize newsletter distribution and to better tailor the content of future newsletters to your interests. The collected data is not passed on to third parties and is deleted after the statistical evaluation.
4. Direct mail to customers
If you are a customer of ours, we may use your e-mail address for direct advertising of our own similar goods or services. This only applies if you have not objected and if we clearly inform you of the possibility of objection when collecting the e-mail address and each time it is used. You can object to the use of your e-mail address without incurring any costs other than the transmission costs according to the prime rates. For direct advertising by e-mail, we process your e-mail address, your name, if you have used our offers as an employee of a company your company affiliation, the data we have collected about your use of our offers and the type of goods or services you have purchased from us in order to be able to tailor our offers to you individually. The legal basis for the processing is Section 7 (3) UWG and our legitimate interest in direct marketing according to Art. 6 (1) lit. f DSGVO.
Your data will be processed and stored for this purpose until you object to further use for direct e-mail advertising or unsubscribe from receiving direct e-mail advertising. You can unsubscribe at any time, for example via a link at the end of each e-mail. Alternatively, you can also send your objection or unsubscribe request at any time to email@example.com.
IX. Job Applications
If you apply to us via our application form or via other means of communication, you must provide your name and contact details and send your application documents so that we can review your application and contact you. The application procedure is supervised and managed on our behalf by Anexia Internetdienstleistungen GmbH, Feldkirchner Straße 140, 9020 Klagenfurt, Austria. In the application procedure, your data will be processed in accordance with Art. 6 (1) p. 1 lit. a DSGVO on the basis of the consent you have given voluntarily. The purpose of the processing is to participate in an application procedure advertised by us or, in the case of a speculative application, to check whether we can offer you a position. Without this consent, you cannot participate in the application process.
We use a personnel management system that is hosted and maintained for us by Anexia Internetdienstleistungen GmbH and with which our application processes are handled. Personal data is processed by Anexia Internetdienstleistungen GmbH on our behalf. The legal basis for data processing is our legitimate interest in the efficient management and control of our application processes pursuant to Art. 6 (1) sentence 1 lit. f DSGVO.
Typically, the following data is processed in our application process:
- Your cover letter for application;
- Your personal data:
Name, address, e-mail address, phone number, mobile number, date of birth;
- The position for which you are applying or whether it is a speculative application;
- Your resume:
current job, previous jobs, employer, professional training work experience in years, previous training, special skills, hobbies
- Documents such as certificates from educational institutions and/or previous jobs, certificates of further education completed
All personal data collected in connection with the application process will also remain stored on the basis of our legitimate interests within the meaning of Art. 6 (1) lit. f DSGVO so that we can defend ourselves against claims asserted against us. If you withdraw your application of your own accord, we will delete your application documents. Your name and contact details as well as the times at which you applied and/or withdrew from the application process and the corresponding correspondence remain stored.
Insofar as this data is no longer required for other purposes (e.g. subsequent recruitment or legal disputes), the data will be deleted automatically six months after the end of the application process.
X. Payment processing
If you do not agree with the processing of your data and do not want to use either of the following payment options, you can also pay for our services in advance by bank transfer. In this case, we will only inform you of our bank details, the invoice amount and the purpose for the bank transfer.
This website uses PayPal as a payment service provider. The provider is PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"). PayPal assumes the function of an online payment service provider as well as a trustee and offers buyer and seller protection services. When paying via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - purchase on account via PayPal, your name, email address, purchased products, invoice amount, as well as billing and delivery address will be disclosed to PayPal as part of the payment processing. When using the payment methods credit card via PayPal, direct debit via PayPal or - if offered - purchase on account via PayPal, PayPal may carry out a credit check to check creditworthiness and minimize payment defaults in order to decide on the release of the payment transaction. In the credit check, probability values are used (so-called score values), in the calculation of which address data are included. The calculation of these score values is based on a scientifically recognized mathematical-statistical procedure. In case of insufficient creditworthiness, PayPal may refuse the selected payment method. After a successful payment transaction, PayPal informs us that your payment has been made.
The transfer of your data to PayPal is based on Art. 6 (1) a DSGVO (consent) and on Art. 6 (1) b DSGVO (processing for the performance of a contract), insofar as you use PayPal to make a payment in your own name and on your account.
2. SEPA Direct Debit
We offer the SEPA direct debit procedure as a payment option. When paying by direct debit, your name, the invoice amount, the purpose of use and your account details are transmitted to our payment service provider or our house bank in order to carry out the payment. The legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.
We offer the SEPA direct debit procedure as a payment option. When paying by direct debit, a SEPA direct debit mandate is issued by the account holder for us to agree to the payment transaction (authorization). The following data will be stored and processed:
- Name and address of the account holder
- Invoice ath mount and reason for payment
- Creditor identification number (CI)
- Mandate reference
- Name of payer
- Bank of the payer
- Single or recurring payment
Your data will be transmitted to our payment service provider or our house bank within the scope of payment processing in order to execute the direct debit. Your data will be processed for the direct debit procedure on the basis of Art. 6 para. 1 lit. a DSGVO (consent) and on the basis of Art. 6 para. 1 lit. b DSGVO (processing for the performance of a contract), insofar as you use the direct debit procedure for a payment in your own name and on your account.