We are very pleased about your interest in our company. The management of Circuit Design GmbH and Circuit Design, Inc., Japan, attaches great importance to data protection. If a data subject visits our website and wishes to use particular services provided by our company, it may be necessary to process personal data. If processing of personal data is planned and there is no legal basis for such processing, we generally obtain the consent of the data subject prior to processing. The legal basis for processing the data in this case is point (a) of Article 6 I of the General Data Protection Regulation (GDPR). The consent may be withdrawn at any time with effect for the future.
The processing of personal data, such as the name, address, email address or telephone number of a data subject, is always carried out in accordance with the GDPR and in accordance with the country-specific data protection provisions applicable to Circuit Design GmbH and Circuit Design, Inc. (hereinafter referred to as ‘Circuit Design’). By means of this Privacy Notice, our company seeks to inform users of our website about the nature, extent and purpose of the personal data collected, used and processed when they visit and use our website. Furthermore, data subjects are informed of their rights by means of this Privacy Notice.
Circuit Design, as the data controller, has implemented numerous technical and organisational measures to ensure the most complete protection possible of personal data processed via this website. Nevertheless, Internet-based data transmissions may in principle have security gaps so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
The Privacy Notice of Circuit Design is based on the terminology used by the European legislator when adopting the GDPR. Our Privacy Notice is intended to be easy to read and understand for the users of our website as well as for our customers and business partners. To ensure this, we would first like to explain the terminology used.
Among others, we use the following terms in this Privacy Notice:
- a) Personal Data
- Personal data is any information concerning an identified or identifiable natural person (hereinafter the “data subject”). 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.
- b) Data subject
- Data subject is any identified or identifiable natural person whose personal data are processed by the controller.
- c) Processing
- Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- d) Restriction of processing
- Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.
- e) Profiling
- Profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
- f) Pseudonymisation
- Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
- g) Controller
- 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 nomination may be provided for by Union or Member State law.
- h) Processor
- Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
- i) Recipient
- Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
- j) Third party
- Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
- k) Consent
- Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. Consent may be withdrawn at any time with effect for the future.
2. Name and address of the controller
The controller within the meaning of the GDPR, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection character is:
3. Name and address of the data protection officer
According to Article 37 GDPR we are not obliged to designate a data protection officer. If you have further questions about data protection or a concern as a data subject, please contact us under firstname.lastname@example.org or the aforementioned contact information.
4. Legal basis of processing
Point (a) of Article 6 I GDPR serves our company as the legal basis for processing operations in which we obtain consent for a particular processing purpose. Consent may be withdrawn at any time with effect for the future.
If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, in processing operations necessary for the supply of goods or the provision of any other service or consideration, processing will be legitimate according to point (b) of Article 6 I GDPR. The same applies to processing operations that are necessary in order to take steps prior to entering into a contract, for example in cases of inquiries about our products or services.
If our company is subject to a legal obligation which requires the processing of personal data, for example for compliance with tax obligations, the processing is based on point (c) of Article 6 I GDPR.
In rare cases, the processing of personal data may be required to protect vital interests of the data subject or that of another natural person. This would be the case, for example, if a visitor to our premises were injured and his or her name, age, health insurance or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on point (d) of Article 6 I GDPR.
Finally, processing operations could be based on point (f) of Article 6 I GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, unless such interest is overridden by the interests, fundamental rights and freedoms of the data subject. We are particularly permitted to carry out such processing operations because they have been specifically mentioned by the European legislator. In that regard, it considered that a legitimate interest could exist if the data subject were a client of the controller (recital 47, second sentence GDPR). Our legitimate interest here is in the conduct of our business for the benefit of all our employees and our shareholders.
5. Rights of the data subject
- a) Right to obtain confirmation (see Article 15 GDPR)
- The right, granted by the legislator, to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right to obtain confirmation, he or she may contact an employee of the controller at any time.
- b) Right of access (see Article 15 GDPR)
- Any data subject has the right, granted by the European legislator, to obtain at any time information from the controller about the personal data stored concerning him or her and a copy of this information. In addition, the European legislator has granted the data subject access to the following information:
- the purposes of the processing
- the categories of personal data concerned
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
- the right to lodge a complaint with a supervisory authority
- where the personal data are not collected from the data subject, any available information as to their source
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject
Furthermore, the data subject has the right to be informed of whether personal data are transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right to be informed, he or she may contact an employee of the controller at any time.
- c) Right to rectification (see Article 16 GDPR)
- The data subject has the right, granted by the European legislator, to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right, taking into account the purposes of the processing, to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may contact an employee of the controller at any time.
- d) Right to erasure (‘right to be forgotten’) (see Article 17 GDPR)
- Any data subject has the right, granted by the European legislator, to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and to the extent that the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent on which the processing is based according to point (a) of Article 6 (1), or point (a) of Article 9 (2) GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) GDPR.
- The personal data have been unlawfully processed.
- The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8 (1) GDPR.
If one of the aforementioned reasons applies and a data subject wishes to arrange for erasure of personal data stored by Circuit Design, he or she may at any time contact an employee of the controller. The employee of Circuit Design will arrange for the request for erasure to be met without undue delay.
Where Circuit Design has made the personal data public and is obliged as controller pursuant to Article 17 (1) GDPR to erase the personal data, Circuit Design, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers which are processing the published personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, to the extent that the processing is not necessary. The employee of Circuit Design will take the necessary steps in the individual case.
- e) Right to restriction of processing (see Article 18 GDPR)
- Any data subject has the right, granted by the European legislator, to obtain from the controller the restriction of processing if one of the following conditions applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of the use of the personal data instead;
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
- The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions applies and a data subject wishes to request restriction of personal data stored by Circuit Design, he or she may at any time contact an employee of the controller. The employee of Circuit Design will arrange for restriction of the processing.
- f) Right to data portability (see Article 20 GDPR)
- Any data subject has the right, granted by the European legislator, to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. It also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6 (1) GDPR or point (a) of Article 9 (2) GDPR or on a contract pursuant to point (b) of Article 6 (1) GDPR, and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20 (1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and if this does adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may contact an employee of Circuit Design at any time.
- g) Right to object (see Article 21 GDPR)
- Any data subject has the right, granted by the European legislator, to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (f) of Article 6 (1) GDPR. This also applies to profiling based on these provisions.
In the event of an objection, Circuit Design will 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 Circuit Design processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Circuit Design to processing for direct marketing purposes, Circuit Design will no longer process the personal data for such purposes.
In order to exercise the right to object, the data subject may contact Circuit Design or its employees direct, using the contact details provided above. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
- h) Automated individual decision-making, including profiling (see Article 22 GDPR)
- Any data subject has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into or performance of a contract between the data subject and the data controller, or (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into or performance of a contract between the data subject and the data controller or (2) is based on the data subject’s explicit consent, Circuit Design will implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
If the data subject wishes to assert automated decision-making rights, he or she may contact an employee of the controller at any time.
- i) Right to withdraw consent to processing of personal data (see Article 7 GDPR)
- Any data subject has the right, granted by the European legislator, to withdraw his or her consent to the processing of personal data at any time.
If the data subject wishes to assert his or her right to withdraw his or her consent, he or she may contact an employee of the controller at any time.
6. Routine deletion and blocking of personal data
The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of the storage or, insofar as this has been provided for by the European legislator or any other legislator in laws or regulations to which the controller is subject.
If the storage purpose no longer applies or a storage period prescribed by the European legislator or any other competent legislator expires, the processing of the personal data will be restricted, and the personal data deleted routinely in accordance with the statutory provisions.
7. Collection of general data and information when the website is accessed
- The website of Circuit Design collects a set of general data and information each time the website is accessed by a data subject or an automated system. These general data and information are stored in the log files of the server. The following may be recorded: (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the sub-websites which can be addressed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) any other similar data and information used to avert dangers in the event of attacks on our information technology systems.
When using these general data and information, Circuit Design does not draw any conclusions about the data subject. Rather, this information is required to (1) properly deliver the content of our website, (2) to optimise the content of our website and its marketing, (3) to ensure continued functioning of our information technology systems and the technology of our website and (3) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyberattack. These collected data and information will be made anonymous by Circuit Design to be statistically and further evaluated with the aim of increasing data protection and data security of our company in order to ultimately ensure an optimal level of protection of the personal data processed by us. The data of the server logfiles are stored separately from all personal data provided by a data subject.
The legal basis for the temporary storage of the data and log files is point (f) of Article 6 I GDPR. We have a legitimate interest in collecting and temporarily storing such data because temporary storage of the IP address by the system is necessary to allow delivery of the website to your computer. Storage in log files is done to ensure the functionality of the website. In addition, these data serve to optimise our website and to ensure the security of our information technology systems. The data are deleted or defamiliarized so that it is no longer possible to attribute them to you as soon as they are no longer necessary for the purpose mentioned here. If the data are stored in log files, the data will be deleted after seven days.
8. How to contact Circuit Design
On our website you will find an email address which you can use to contact us depending on the nature of your request. If you write us an email, we will store your email address and any other data provided by you. The legal basis for the processing is points (b) and (f) of Article 6 I GDPR since contacting us may be a contract initiation, but Circuit Design also has a legitimate interest in processing your data in order to be able to respond to you. The data will be deleted as soon as they are no longer necessary to achieve the purpose of their collection and the deletion also does not conflict with any legal or contractual archiving obligations.
At the time of sending your message, the following data may also be stored:
- Your IP address
- Date and time you contacted us
These other personal data processed during the sending process are used to prevent misuse of the email and to ensure the security of our information technology systems. The additional personal data collected during the sending process will be deleted at the latest after a period of fourteen days. The legal basis for processing the data is points (b) or (f) of Article 6 I of GDPR.
Circuit Design uses the following cookies:
- ASPSESSIONID# preserves the state of the user for all page requests. – storage period = duration of the session;
- CookieConsent stores the consent status of the user for cookies on the current domain – storage period 1 year;
- Google Analytics Tracking Code (_utm.gif) for collecting information about the used browser and user’s computer – storage period = duration of the session;
- Visitor ID cookie (_utma) collects data on how many times a user has visited a website, as well as data for the first and last visit. Used by Google Analytics – storage period 2 years
- Session ID cookie (_utmb) registers a time stamp with the exact time the user accesses the website. Used by Google Analytics to calculate the duration of a website visit – storage duration 1 day;
- Session ID cookie (_utmc) registers a time stamp with the exact time the user leaves the website. Used by Google Analytics to calculate the duration of a website visit. = duration of the session;
- Performance Cookie UTMT (_utmt) is used to reduce the speed of requests to the server – storage period 1 day;
- Campaign cookie (_utmz) collects data about where the user came from, which search engine was used, which link was clicked and which search terms were used. Used by Google Analytics 6 months;
- Performance Cookie GA (_ga) registers a unique ID that is used to generate statistical data on how the visitor uses the website – storage period 2 years;
- Performance Cookie GAT (_gat) is used by Google Analytics to limit the request rate – storage duration 1 day;
- Performance Cookie GiD (_gid) registers a unique ID that is used to generate statistical data on how the visitor uses the website – storage period 2 years;
The data subject can prevent the placement of cookies through our website at any time by means of an appropriate setting of the Internet browser used and thus permanently refuse the placement of cookies. Furthermore, cookies already placed can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the placement of cookies in the Internet browser used, not all functions of our website may be fully usable.
The placement of cookies is legitimate pursuant to point (a) of Article 6 I GDPR if your prior consent has been obtained. You may withdraw consent given to us at any time with effect for the future. The placement of cookies is also legitimate by point (f) of Article 6 I GDPR. We have a legitimate interest in providing you with a functional and user-friendly website.
We use the cookies for as long as they are necessary for the particular purpose.
10. Provision on data protection for the use of Google Analytics (with anonymisation function)
The controller has integrated the component Google Analytics (with anonymisation function) on this website. Google Analytics is a web analytics service. Web analytics is the acquisition, collection and analysis of data relating to the behaviour of visitors to websites. Among other things, a web analytics service collects data on from which website a data subject arrived at a website (so-called referrer), which subpages of the website were accessed or how often and on the dwell time a subpage was viewed. A web analysis is mainly used to optimize a website for cost-benefit analysis of Internet advertising.
Google is the operator of Google Analytics. Google can be reached in Europe under Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”).
The controller uses the addition”_gat._anonymizeIp” for web analytics via Google Analytics. By means of this addition, the IP address of the data subject’s Internet connection is shortened and anonymised by Google.
The purpose of the Google Analytics component is to analyse visitor streams on our website. Among other things, Google uses the data and information obtained to evaluate the use of our website to compile for us online reports showing the activities on our website and to provide other services related to the use of our website.
Google Analytics places a cookie on the information technology system of the data subject. What cookies are has already been explained above. The placement of the cookie enables Google to analyse the use of our website. Each time one of the pages of this website, that is operated by the controller and into which a Google Analytics component has been integrated, is accessed, the Internet browser on the information technology system of the data subject is automatically activated by the respective Google Analytics component to transmit data to Google for the purposes of online analysis. As part of this technical process, Google receives information about personal data, such as the IP address of the data subject, which Google uses, among other things, to track the origin of the visitors and clicks and subsequently make commission statements.
The cookie stores personal information, such as access time, the location from which access was made and the frequency of the visits to our website by the data subject. Each time our website is visited, these personal data, including the IP address of the internet connection used by the data subject, are transferred to Google in the United States of America. These personal data are stored, inter alia, by Google in the United States of America. For this purpose, Google has submitted to the EU-US Privacy Shield. Google may transfer the personal data collected through the technical process to third parties.
The data subject can prevent the placement of cookies through our website, as shown above, at any time by means of an appropriate setting of the Internet browser used and thus permanently refuse the placement of cookies. Such a setting of the Internet browser used would also prevent Google from placing a cookie on the information technology system of the data subject. In addition, a cookie already placed by Google Analytics can be deleted at any time via the Internet browser or other software programs.
The use of Google Analytics is justified pursuant to point (a) of Article 6 I GDPR if your prior consent has been obtained. You may withdraw consent given to us at any time with effect for the future. Otherwise, the legal basis for this processing is point (f) of Article I GDPR. Our legitimate interest is to be able to analyse the use of our website and adapt it to the user behaviour in order to increase the profitability of our website. We use Google Analytics to analyse and regularly improve the use of our website. We will only process your data for as long as it is necessary for the purpose of collecting the data (here statistics and their evaluation).
The data sent by us and linked to cookies, user identifiers (e.g., user IDs) or advertising IDs will be automatically deleted after 14 months. The deletion of data whose retention period has been reached is done automatically once a month.
11. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We hereby inform you that the provision of personal data is in part required by law (such as tax regulations) or may result from contractual arrangements (such as details of the contract partner). Occasionally, for the conclusion of a contract, it may be necessary that a data subject provides us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract could not be concluded with the data subject. Prior to personal data being provided by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis as to whether the provision of the personal data is required by law or contract or for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of not providing the personal data.
12. Existence of automated decision-making
For the purpose of deciding on the establishment, execution or termination of a contractual relationship we collect or use probability values, the calculation of which includes, inter alia, address data. If a credit check is carried out for the execution of the contractual relationship, this is done via the company Creditsafe Deutschland GmbH, Schreiberhauerstr. 30, 10317 Berlin. For this, the following data of the customer are used: company name, street/house number, postal code/town. We are calling your attention to this fact in accordance with the provisions of point (a) of Article 22 II GDPR and Section 31 I no. 4 of the German Federal Data Protection Act (BDSG).
The collection and processing of your data by us in this connection is based on the legal basis of point (b) of Article 6 I GDPR as the data serve execution of the contract. However, in particular, we also have a legitimate interest in knowing whether you are solvent before entering into a contract with you. Therefore, in addition, the legal basis is point (f) of Article 6 GDPR.
We store your data for as long as they are necessary for the purpose stated above and as long as there are contractual or statutory retention requirements.
This Privacy Notice was created by the privacy notice generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as data protection officer, in cooperation with the data protection lawyers of WILDE BEUGER SOLMECKE | Rechtsanwälte. The notice was subsequently modified by Circuit Design to meet its needs.