Privacy Policy

Introduction

We, Emvi Software GmbH (hereinafter collectively: 'the company', 'we' or 'us') take the protection of your personal data seriously and would like to inform you here about data protection in our company.

Within the scope of our responsibility under data protection law, additional obligations have been imposed on us by the entry into force of the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter: 'GDPR') in order to ensure the protection of personal data of the person affected by a processing operation (we also address you as data subject hereinafter with 'customer', 'user', 'you', 'you' or 'data subject').

Insofar as we decide either alone or jointly with others on the purposes and means of data processing, this includes especially the obligation to inform you transparently about the nature, scope, purpose, duration and legal basis of the processing (cf. Articles 13 and 14 GDPR). With this statement (hereinafter: 'Privacy Policy'), we inform you about the manner in which your personal data is processed by us.

Our privacy policy has a modular structure. It consists of a general part for any processing of personal data and processing situations by Emvi Software GmbH (A. General) and a special part, the content of which relates only to the processing situation when visiting our website (B. Visiting our website).

A. General

(1) Definitions

Following the example of Art. 4 of the GDPR, this privacy policy is based on the following definitions:

• Personal data' (Art. 4 No. 1 GDPR) means any information relating to an identified or identifiable natural person ('data subject'). A person is identifiable if he or she can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier, location data or by means of information relating to his or her physical, physiological, genetic, mental, economic, cultural or social identity characteristics. The identifiability can also be given by means of a linkage of such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photographs, video or audio recordings may also contain personal data).
• 'Processing' ( Art. 4 No. 2 GDPR) means any operation which involves the handling of personal data, whether or not by automated (i.e. technology-based) means. This includes, in particular, the collection (i.e., acquisition), recording, organization, arrangement, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, erasure or destruction of personal data, as well as the change of a purpose or intended use on which a data processing was originally based.
• 'Controller' ( Art. 4 No. 7 GDPR) 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.
• 'Third Party' ( Art. 4 No. 10 GDPR) means any natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who are authorized to process the personal data under the direct responsibility of the controller or processor; this also includes other group-affiliated legal entities.
• 'Processor' (Art. 4 No. 8 GDPR) is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller, in particular in accordance with the controller's instructions (e.g. IT service provider). In particular, a processor is not a third party in the sense of data protection law.
• 'Consent' ( Art. 4 No. 11 GDPR) of the data subject means any freely given, specific, informed and unambiguous indication of his or her wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

(2) Name and address of the controller

We are the controller for the processing of your personal data within the meaning of Art. 4 No. 7 GDPR:

Emvi Software GmbH
Nickelstraße 1b
33378 Rheda-Wiedenbrück
Germany
E-mail: support@pirsch.io

For further information on our company, please refer to the legal notice details on our website https://pirsch.io/legal.

(3) Contact details of the data protection officer

For all questions and as a contact person on the subject of data protection at our company, our data protection officer is available to you at any time. His contact details are:

Marvin Blum
Emvi Software GmbH
Nickelstraße 1b
33378 Rheda-Wiedenbrück
Germany
Email: support@pirsch.io
Website: www.emvi.com

Any data subject may contact our data protection officer directly. Please note that communication via email is normally unencrypted.

If you would like to communicate in encrypted form, please use S/MIME or PGP.

(4) Legal basis for data processing

By law, in principle, any processing of personal data is prohibited and only permitted if the data processing falls under one of the following justifications:

• Art. 6 (1) p. 1 lit. a GDPR ('consent'): Where the data subject has voluntarily, in an informed manner and unambiguously indicated by a statement or other unambiguous affirmative act that he or she consents to the processing of personal data relating to him or her for one or more specific purposes;
• Art. 6 (1) p. 1 lit. b GDPR: If the processing is necessary for the performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures taken at the request of the data subject;
• Art. 6 (1) p. 1 lit. c GDPR: If the processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a legal obligation to keep records);
• Art. 6 (1) p. 1 lit. d GDPR: If the processing is necessary to protect the vital interests of the data subject or another natural person;
• Art. 6 (1) p. 1 lit. e GDPR: Where 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, or
• Art. 6 (1) p. 1 lit. f GDPR ('Legitimate Interests'): When processing is necessary to protect the legitimate (in particular legal or economic) interests of the controller or a third party, unless the conflicting interests or rights of the data subject override (in particular if the data subject is a minor).

Storing information in the end user's terminal equipment or accessing information already stored in the terminal equipment is only permitted if it is covered by one of the following justifications (German Telecommunications and Telemedia Data Protection Act, abbreviated as TTDSG):

• Section 25 (1) TTDSG: If the end user has consented on the basis of clear and comprehensive information. The consent has to be given according to Art. 6 (1) p. 1 lit. a GDPR;
• Section 25 (2) no. 1 TTDSG: If the sole purpose is to carry out the transmission of a message via a public telecommunications network or
• Section 25 (2) no. 2 TTDSG: If the storage or access is absolutely necessary so that the provider of a telemedia service can provide a telemedia service expressly requested by the user.

For the processing operations carried out by us, we indicate below the applicable legal basis in each case. A processing operation may also be based on several legal bases.

(5) Data deletion and storage period

For the processing operations carried out by us, we indicate below in each case how long the data will be stored by us and when it will be deleted or blocked. Unless an explicit storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for the storage no longer applies. In principle, your data will only be stored on servers in Germany, subject to a possible transfer in accordance with the provisions in A. (7) and A. (8).

However, storage may take place beyond the specified time in the event of a (impending) legal dispute with you or other legal proceedings or if storage is obligatory because of statutory provisions to which we are subject as the responsible party (e.g. § 257 HGB, § 147 AO). If the storage period prescribed by the legal regulations expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for this.

(6) Data security

We use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties (e.g. TLS encryption for our website), taking into account the state of the art, implementation costs and the nature, scope, context and purpose of the processing, as well as the existing risks of a data breach (including its probability and impact) for the data subject. Our security measures are continuously improved in line with technological developments.

We will be happy to provide you with more detailed information on request. Please contact our data protection officer (see under A. (3)).

(7) Cooperation with processors

As with any company, we also use external domestic and foreign service providers to handle our business transactions (e.g. for the areas of IT, telecommunications, sales and marketing). They only act on our instructions and are contractually obligated to comply with the data protection provisions in accordance with Art. 28 GDPR.

(8) Conditions for the transfer of personal data to third countries

In the course of our business relationships, your personal data may be transferred or disclosed to third party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing is carried out exclusively for the fulfillment of contractual and business obligations and to maintain your business relationship with us (legal basis is Art. 6 (1) lit. b or lit. f GDPR in each case in conjunction with. Art. 44 et seq. GDPR). We will inform you about the respective details of the transfer in the following at the relevant points.

Some third countries are certified by the European Commission as having a level of data protection comparable to the EEA standard through so-called adequacy decisions (a list of these countries and a copy of the adequacy decisions can be found here: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en). However, in other third countries to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. If this is the case, we ensure that data protection is adequately guaranteed. This is possible via binding company regulations, standard contractual clauses of the European Commission for the protection of personal data pursuant to Art. 46 (1) and (2) lit. c GDPR (the standard contractual clauses of 2021 are available at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021D0915&locale-en), certificates or recognized codes of conduct. Please contact our data protection officer (see under A. (3)) if you would like to receive more detailed information on this.

(9) No automated decision making (including profiling).

We do not intend to use any personal data collected from you for any automated decision-making process (including profiling).

(10) No obligation to provide personal data

We do not make the conclusion of contracts with us dependent on you providing us with personal data in advance. As a customer, you are under no legal or contractual obligation to provide us with your personal data; however, we may only be able to provide certain services to a limited extent or not at all if you do not provide the necessary data. If this should exceptionally be the case in the context of the products we offer presented below, you will be informed of this separately.

(11) Legal obligation to transmit certain data

We may be subject to a specific legal or statutory obligation to provide the lawfully processed personal data to third parties, in particular public bodies (Art. 6 (1) p. 1 lit. c GDPR).

(12) Your rights

You can assert your rights as a data subject regarding your processed personal data at any time by contacting us using the contact details provided at the beginning of A. (2). You have the right as a data subject:

• In accordance with Art. 15 GDPR, you may request information about your data processed by us. In particular, you can request information about the processing purposes, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it was not collected by us, as well as the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;
• In accordance with Art. 16 GDPR, you have the right to demand the correction of incorrect data or the completion of your data stored by us without delay;
• In accordance with Art. 17 GDPR, you may request the deletion of your 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 assertion, exercise or defense of legal claims;
• In accordance with Art. 18 GDPR, you have the right to demand the restriction of the processing of your data, insofar as the correctness of the data is disputed by you or the processing is unlawful;
• according to Art. 20 GDPR to receive your data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller ('data portability');
• You have the right to object to processing pursuant to Article 21 of the GDPR, provided that the processing is based on Article 6 (1) sentence 1 lit. e or lit. f of the GDPR. This is particularly the case if the processing is not necessary for the performance of a contract with you. Unless it is an objection to direct marketing, when exercising such an objection, we ask you to explain the reasons why we should not process your data as we have done. In the event of your justified objection, we will review the merits of the case and either discontinue or adapt the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing;
• according to Art. 7 (3) GDPR your consent given once (your voluntary will made understandable in an informed manner and unambiguously by means of a declaration or other unambiguous confirming act that you agree to the processing of the personal data in question for one or more specific purposes) to be revoked at any time, if you have given such consent. This has the consequence that we may no longer continue the data processing, which was based on this consent, for the future and
• In accordance with Art. 77 GDPR, you have the right to complain to a data protection supervisory authority about the processing of your personal data in our company, such as the data protection supervisory authority responsible for us: State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia, Kavalleriestr. 2-4 40213 Düsseldorf, email: poststelle@ldi.nrw.de.

(13) Changes to the privacy policy

In the context of the further development of data protection law and technological or organizational changes, our privacy policy is regularly reviewed to determine whether it needs to be adapted or supplemented. This privacy policy is current as of September 2023.

B. Visit our website

(1) Explanation of the function

You can obtain information about our company and the services we offer in particular at https://pirsch.io together with the associated sub-pages (hereinafter collectively referred to as 'websites'). When you visit our websites, your personal data may be processed.

(2) Personal data processed

During the informative use of the websites, the following categories of personal data are collected, stored and processed by us:

• 'Analytics Data': When visiting the website, the IP address as well as the user agent are used for analysis purposes within our own solution Pirsch Analytics.
• 'Contact details (for email exchanges)': When contact is established, the data thereby transmitted is processed (e.g. gender, surname and first name, address, company, email address and the time of transmission).
• 'Log-in data': When registering on our website, the provided data (email address) will be processed. As part of your registration, you will be informed that there are separate data protection provisions applying to the use of our services, which we will make available to you as part of the registration process. By logging in, you will leave the purely informative offer of our website and the separate data protection provisions described above will apply.

(3) Purpose and legal basis of data processing

We process the personal data described above in accordance with the provisions of the GDPR, the other relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Art. 6 (1) p. 1 lit. f GDPR, the aforementioned purposes also represent our legitimate interests.

The processing of the analysis data serves statistical purposes and the improvement of the quality of our website, in particular the stability and usability (legal basis is Art. 6 (1) p. 1 lit. f GDPR).

Contact form data is processed for the purpose of handling customer inquiries (legal basis is Art. 6 (1) p. 1 lit. b or lit. f GDPR).

Log-in data is processed in order to provide you with access to our services, in particular your personal dashboard (legal basis is Art. 6 (1) p. 1 lit. b GDPR)

If the processing of data requires the storage of information in your terminal equipment or access to information already stored in the terminal equipment, Section 25 (1), (2) TTDSG is the legal basis for this.

(4) Duration of data processing

Your data will only be processed for as long as is necessary to achieve the above-mentioned processing purposes; the legal bases specified in the context of the processing purposes apply accordingly.

Third parties used by us will store your data on their systems for as long as is necessary in connection with the provision of our services in accordance with the respective order.

You can find more details on the storage period under A. (5).

(5) Transfer of personal data to third parties; basis for justification

The following categories of recipients, which are usually processors (see A. (7)), may receive access to your personal data:

• service providers for the operation of our website and the processing of data stored or transmitted by the systems (e.g. for data center services, payment processing, IT security). The legal basis for the transfer is then Art. 6 (1) p. 1 lit. b or lit. f GDPR, insofar as it does not involve processors;
• Government agencies/authorities, insofar as this is necessary for the fulfillment of a legal obligation. The legal basis for the disclosure is then Art. 6 (1) p. 1 lit. c GDPR;
• Persons appointed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in company acquisitions or the establishment of joint ventures). The legal basis for the disclosure is then Art. 6 (1) p. 1 lit. b or lit. f GDPR.

During the informational use of our website, depending on the specific use, the following processors may be involved in the data processing:

• Hetzner Online GmbH Industriestr. 25, 91710 Gunzenhausen, Germany Data Center / Web Hosting Legitimate interests (Art. 6 (1) p. 1 lit. f GDPR) Privacy Policy Data Processing Agreement
• Amazon Web Services EMEA SARL 38 avenue John. F. Kennedy, L-1855, Luxembourg AWS SES for emailing (only when contacting or registering) Contract fulfillment and pre-contractual requests (Art. 6 (1) p. 1 lit. b GDPR) or Legitimate Interests (Art. 6 (1) p. 1 lit. f GDPR) Privacy Policy Data Processing Agreement
• Google Cloud EMEA Limited 70 Sir John Rogerson's Quay, Dublin 2, Ireland Google Workspace for appointment and contact management as well as email communication (only when contacting or registering) Contract fulfillment and pre-contractual requests (Art. 6 (1) p. 1 lit. b GDPR) or Legitimate Interests (Art. 6 (1) p. 1 lit. f GDPR) Privacy Policy Data Processing Agreement
• Intuition Machines, Inc. 350 Alabama St., San Francisco, CA 94110, USA CAPTCHA service to check whether the website call is made by autonomous programs (bots). Legitimate interests (Art. 6 (1) p. 1 lit. f GDPR) Privacy Policy Provision of the Data Processing Agreement by the processor on request

For the guarantees of an adequate level of data protection in the event of a transfer of the data to third countries, see A. (8).

In addition, we will only disclose your personal data to third parties if you have given your explicit consent to do so in accordance with Art. 6 (1) p. 1 lit. a GDPR.

(6) Web analysis

We use web analysis methods to obtain information about the use of our website. This allows us to better understand the behavior and interests of our visitors and optimize our offers accordingly. For web analytics, we use the in-house technologies of Pirsch Analytics.

For web analytics, we use Pirsch Analytics. Pirsch Analytics is a cookie-free web analytics software that was developed according to the Privacy by Design principle. To analyze visitor flows, Pirsch Analytics uses a hashing algorithm to generate a 16-digit number as the visitor ID when the page request is received. The IP address, the user agent, the date and a salt serve as input values.

The visitor's IP address is neither fully nor partially persisted and is completely and irreversibly anonymized by the hash. The integration of the date and the use of one salt per website ensures that website visitors cannot be recognized for longer than 24 hours and cannot be tracked across multiple websites. A rough localization (country/city) is performed via a locally integrated database.

(7) Use of cookies

We do not use cookies on our website. Our web analysis is carried out via our own cookie-free analysis solution (Pirsch Analytics).

(8) Social media plugins

We do not use any social media plugins on our websites. If our websites contain icons or links from social media providers (e.g. X (formerly Twitter), Discord), we only use these for passive linking to the pages of the respective providers.

C. Use of our services (Pirsch Analytics)

(1) Explanation of the function

With Pirsch Analytics, we offer a cookie-free analytics tool that our customers can integrate into their website to obtain information about the use of their websites. The evaluations can be viewed via a dashboard after registering on our website. When using our services, your personal data may be processed. This data processing is described below. Section B. of this privacy policy applies to the purely informative use of our website.

(2) Personal data processed

During the use of our services, the following categories of personal data are collected, stored and processed by us:

• 'Analytics Data': When accessing your personal Dashboard, the IP address as well as the user agent are used for analysis purposes within our own solution Pirsch Analytics.
• 'Contact details (for email exchanges)': When contact is established, the data thereby transmitted is processed (e.g. gender, surname and first name, address, company, email address and the time of transmission).
• 'Log-in data': When registering on our website, the provided data (email address) will be processed.
• 'Customer and contract data': When using our services, customer and contract data is collected (e.g. surname and first name, address, company, email address, payment data and, if applicable, VAT ID).
• 'User data': By integrating Pirsch Analytics on your website, the data of visitors to your website is collected. The data in question are the 'Analytics Data' of end users described above.

(3) Purpose and legal basis of data processing

We process the personal data described above in accordance with the provisions of the GDPR, theother relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Art. 6 (1) p. 1 lit. f GDPR, the aforementioned purposes also represent our legitimate interests.

The processing of the analysis data serves statistical purposes and the improvement of the quality of our website, in particular the stability and usability (legal basis is Art. 6 (1) p. 1 lit. f GDPR).

Contact form data is processed for the purpose of handling customer inquiries (legal basis is Art. 6 (1) p. 1 lit. b or lit. f GDPR).

Log-in data is processed in order to provide you with access to our services, in particular your personal dashboard (legal basis is Art. 6 (1) p. 1 lit. b GDPR).

Customer and contract data is processed in order to enter into a contractual relationship with you for the provision of our services (legal basis is Art. 6 (1) p. 1 lit. b GDPR). Furthermore, your customer and contract data is required in order to be able to conclude a Data Processing Agreement (legal basis is Art. 6 (1) p. 1 lit. c GDPR).

The processing of user data serves to provide the contractually agreed analysis services (legal basis is Art. 6 (1) p. 1 lit. b GDPR). As part of this processing activity, Emvi Software GmbH acts as a processor in accordance with Art. 28 GDPR and processes the data exclusively on the basis of your instructions under data protection law. As the contractual partner, you are responsible for the processing of user data within the meaning of the GDPR. The above statements on the processing of analytics data apply accordingly to the processing by you.

If the processing of data requires the storage of information in your terminal equipment or access to information already stored in the terminal equipment, Section 25 (1), (2) TTDSG is the legal basis for this.

(4) Duration of data processing

Your data will only be processed for as long as is necessary to achieve the above-mentioned processing purposes; the legal bases specified in the context of the processing purposes apply accordingly.

Third parties used by us will store your data on their systems for as long as is necessary in connection with the provision of our services in accordance with the respective order.

You can find more details on the storage period under A. (5).

(5) Transfer of personal data to third parties; basis for justification

The following categories of recipients, which are usually processors (see A. (7)), may receive access to your personal data:

• Service providers for the operation of our website and the processing of data stored ortransmitted by the systems (e.g. for data center services, payment processing, IT security).The legal basis for the transfer is then Art. 6 (1) p. 1 lit. b or lit. f GDPR, insofar as it does not involve processors;
• Government agencies/authorities, insofar as this is necessary for the fulfillment of a legal obligation. The legal basis for the disclosure is then Art. 6 (1) p. 1 lit. c GDPR;
• Persons appointed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in company acquisitions or the establishment of joint ventures). The legal basis for the disclosure is then Art. 6 (1) p. 1 lit. b or lit. f GDPR.

During the use of Pirsch Analytics, depending on the specific use, the following processors, aside from the processors listed in B. (5) may be involved in the data processing:

• Datev eG Paumgartnerstr. 6-14 90429 Nürnberg Germany Software for communication with tax advisors and authorities Legitimate interests (Art. 6 (1) p. 1 lit. f GDPR) Privacy Policy Provision of the Data Processing Agreement by the processor on request
• Stripe, Inc. 510 Townsend Street CA 94103 San Francisco USA Payment services Contract fulfillment and pre-contractual requests (Art. 6(1) p. 1 lit. b GDPR) Privacy Policy Data Processing Agreement

For the guarantees of an adequate level of data protection in the event of a transfer of the data to third countries, see A. (8).

In addition, we will only disclose your personal data to third parties if you have given your explicit consent to do so in accordance with Art. 6 (1) p. 1 lit. a GDPR.

(6) Web analysis

We use web analysis methods to obtain information about the use of our website. This allows us to better understand the behavior and interests of our visitors and optimize our offers accordingly. For web analytics, we use the in-house technologies of Pirsch Analytics. You can find more information on this under B. (6).

(7) Use of cookies

We do not use cookies on our website. Our web analysis is carried out via our own cookie-free analysis solution (Pirsch Analytics).

(8) Social media plugins

We do not use any social media plugins on our websites. If our websites contain icons or links from social media providers (e.g. X (formerly Twitter), Discord), we only use these for passive linking to the pages of the respective providers.