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Shaping the future, together

 * About DATEV
 * DATEV International
 * DATEV offer
 * Find your career at DATEV

 * Imprint
 * Data Protection
 * Terms and Conditions
 * Contact us
 * Cookie Settings

×
 1. DATEV Software and Consulting
 2. About DATEV
 3. DATEV Information Obligations


PRIVACY POLICY


INFORMATION OBLIGATIONS IN ACCORDANCE WITH ARTICLES 13 AND 14 OF THE GDPR






CONTENTS


 

1. Controller

2. Data Protection Officer

3. Collecting and Processing of Personal Data When the DATEV Websites Are
Visited

4. Necessary Cookies and Comparable Technologies

5. Collection and Processing of the Personal Data of Interested Parties

6. Collection and Processing of the Personal Data of Customers

7. Collection and Processing of the Personal Data of Suppliers

8. Collection and Processing of the Personal Data of Applicants

9. Additional Processing Purposes

10. Duration of Data Storage

11. Recipients of personal data

12. Third Countries

13. Automated Decision Making

14. Subjects’ Rights

15. Obligation to provide data

16. Security

17. Social Media

18. Friendly Captcha

19. Video Integration via YouTube

20. Links to Other Websites

 


1. CONTROLLER


 

DATEV eG, Nuremberg

Represented by Prof. Dr. Robert Mayr (chairman)
Julia Bangerth (deputy chairwoman)
Prof. Dr. Peter Krug (deputy chairman)
Prof. Dr. Christian Bär
Diana Windmeißer
Chairman of the Supervisory Board: Nicolas Hofmann

Contact

Paumgartnerstrasse 6-14
90429 Nuremberg
Phone: +49 (0)911 3190
Email: info@datev.de

 


2. DATA PROTECTION OFFICER


 

DATEVeG
Data Protection Officer
Walter Deinzer

Paumgartnerstrasse 6–14
90429 Nuremberg
Phone +49-911-3190
Email: datenschutz@datev.de

Responsible data protection supervisory authority: Bavarian State Office of Data
Protection Supervision

 


3. COLLECTING AND PROCESSING OF PERSONAL DATA WHEN THE DATEV WEBSITES ARE
VISITED


 


3.1 PUBLIC WEBSITES

DATEV logs personal usage data for up to two months to protect website
functionality, to optimise the website and to guarantee website security. The
legal basis for this processing is DATEV’s legitimate interest (Article 6 (1)
(f) GDPR). When you visit our website, anonymised web server logbooks are
generated which DATEV stores for statistical purposes (for example the number of
page views) and for error tracking. Your usage data is not evaluated in any
other way without your consent.

 


3.2 USE OF WEBSITES AND ONLINE APPLICATIONS WITH PROTECTED ACCESS

The following user information can be collected when the closed section of our
websites and online applications is used (business processes between DATEV and
its customers):

 

 * User identification (in the case of SmartCard: SmartCard ID, certificate;
   SmartLogin; new national ID card; SMS TAN or similar, in the case of DATEV
   user account: username or similar)
 * Customer identification (consultant number, if available)
 * Time of enquiry and our responses
 * Data volume transmitted
 * Transactions retrieved (URLs)
 * Error messages within the authentication process and applications

 

The user-specific details are stored for a maximum of two months. This data is
evaluated solely for the purposes of error and performance analysis, for
customer service and to understand effected transactions. The legal basis for
this processing is DATEV’s legitimate interest (Article 6, paragraph 1, letter
(f) GDPR). The information aggregated under a consultant number, e.g. which
consultant number retrieved which transaction on which day, is retained in
accordance with the statutory provisions, e.g. the data retention periods
pursuant to the German Commercial Code (HGB) and Germany’s Fiscal Code (AO). The
same applies to application-specific information collected for billing purposes.

The legal basis for this processing is DATEV’s legitimate interest (Article 6
(1) (f) GDPR). The information aggregated under a consultant number, e.g. which
consultant number retrieved which transaction on which day, is retained in
accordance with the statutory provisions, e.g. the data retention periods
pursuant to the German Commercial Code (HGB) and Germany’s Fiscal Code (AO). The
same applies to application-specific information collected for billing purposes.

Legal basis: This processing is required for the purposes of contractual
performance (Article 6 (1) (b) GDPR) and due to legal obligations (Article 6 (1)
(c) GDPR).


 


3.3 PERSONAL INPUT

Your personal data including your email address will additionally only be stored
if you yourself provide us with these details, e.g. in a survey or when placing
an order. Your data shall also only be used for the purpose stipulated on the
page in question, e.g. to process your order.

Legal basis: Depending on the purpose stipulated on the page in question, this
processing occurs

 

 * on the basis of your consent (Article 6 (1) (a) GDPR)
 * for contractual performance (Article 6 (1) (a) GDPR)
 * on the basis of legal obligations (Article 6 (1) (c) GDPR) or
 * to fulfil DATEV’s legitimate interests (Article 6 (1) (f) GDPR).

 


4. COOKIES


 

DATEV uses temporary and permanent cookies on its own websites. Temporary
cookies are time-limited and contain data such as an identification number
(known as a session ID). They allow the server to associate consecutive browser
enquiries with the same user. They are deleted automatically as soon as the user
closes the browser. In contrast, permanent cookies remain in place even after
the user has closed the browser. At DATEV, permanent cookies used for
preferences and settings serve to make working with the SmartCard easier for
you. DATEV additionally uses permanent cookies for non-personalised statistics
in order to further develop and improve the services we provide. No personal
data is evaluated in the process. Cookies from first-party providers are cookies
that belong to the host domain datev.de, while cookies from third-party
providers are assigned to another domain. We use cookies that are absolutely
necessary on the legal grounds of our legitimate interest, Article 6 (1) (f)
GDPR, namely, to provide a functional and usable website. Access to and storage
of information on a user’s device is carried out in accordance with section 25
(2) of the German Telecommunications Digital Services Data Protection Act
(Telekommunikation-Telemedien-Datenschutz-Gesetz, TDDDG).

Furthermore, we use optional cookies for the purposes of analytical evaluations
and marketing activities, for which we also use external service providers. This
only takes place if you have consented to this (Article 6 (1) (a) GDPR, TDDDG
section 25 (1) (1). You can revoke your consent or adjust your preferences at
any time in the cookie settings in the footer. You can find an overview of the
individual cookies that process personal data via the “Cookie Settings” in the
footer of the website.

Furthermore, you can deactivate the storage of optional cookies through your
browser settings and delete cookies that have already been stored in your
browser at any time. Please note, however, that rejecting optional cookies means
that the convenience functions of our website will be lost. If you delete your
cookies, we will ask you for your consent again when you visit the page at a
later date.

We use Adobe Launch Manager, a service provided by Adobe Systems Software
Ireland Ltd., 4–6 Riverwalk, Citywest Business Campus, Saggart Dublin 24,
Republic of Ireland.

Adobe Launch is a tag manager that serves as a sort of container for managing
tracking tools and services from external providers such as OneTrust on the
website and allows the use of tags. This makes it possible to control which
elements of the page or service and tracking methods are activated and loaded on
the website. Adobe Launch itself does not set any cookies and does not have
access to the data collected by the tags. For more information, see Adobe’s
Privacy Policy.


 


4.1 NECESSARY COOKIES AND COMPARABLE TECHNOLOGIES

Necessary cookies help make a website usable by enabling basic functions such as
page navigation, access to secure areas of the website, user input and serve the
security of the application. The website cannot function properly without these
cookies.

The legal grounds for accessing and storing information on a user’s device are
provided in TDDDG section 25 (2) (2). The legal grounds for downstream data
processing are DATEV’s legitimate interest (Article 6 (1) (f) GDPR).


 


4.2 ANALYTICAL COOKIES AND COMPARABLE TECHNOLOGIES

These cookies are also used to store your preferences and settings, making it
easier for you to use the website. In addition, we use cookies for statistical
Web analysis and reach measurements, further development and improvement of our
products, error analysis, crawling analysis, and user recognition.

The legal grounds for accessing and storing information on a user’s device are
based on your consent pursuant to TDDDG section 25 (1). The legal grounds for
downstream data processing are your consent in accordance with Article 6 (1) (a)
GDPR. You can revoke your consent or adjust your preferences at any time via the
cookie settings in the footer.


 


4.3 MARKETING COOKIES AND COMPARABLE TECHNOLOGIES

These cookies and similar technologies are used in order to display personalized
and thus relevant advertisement content to you. These cookies also enable us to
monitor the success of marketing campaigns. The tracking methods are applied not
only on DATEV websites, but also on the websites of advertising partners, i.e.,
third-party providers. Data may be transferred to a third country during this
process. For example, pseudonymous profiles of your interests may be created and
relevant advertisement content made available to you, including on third-party
websites.

The legal grounds for accessing and storing information on a user’s device are
based on your consent pursuant to TDDDG section 25 (1). The legal grounds for
downstream data processing are your consent in accordance with Article 6 (1) (a)
GDPR. You can revoke your consent or adjust your preferences at any time via the
cookie settings in the footer.


 


4.4 ADOBE ANALYTICS

DATEV uses the Adobe Analytics service of the service provider Adobe Systems
Software Ireland Ltd., 4–6 Riverwalk, Citywest Business Campus, Saggart Dublin
24, Republic of Ireland. The information collected by cookies on your device is
processed by Adobe Analytics, in particular for audience measurement,
statistical Web analysis, visitor recognition, and the creation of pseudonymous
profiles. For more information on the storage duration, description, and purpose
of the individual Adobe Analytics cookies, please refer to the cookie settings
in the footer.

The legal grounds for accessing and storing information on a user’s device are
based on your consent pursuant to TDDDG section 25 (1). The legal grounds for
downstream data processing are your consent in accordance with Article 6 (1) (a)
GDPR. You can revoke your consent or adjust your preferences at any time via the
“Cookie Settings” in the footer.

 


5. COLLECTION AND PROCESSING OF THE PERSONAL DATA OF INTERESTED PARTIES


 

DATEV collects your personal data when you contact us, in particular if you are
interested in our products, wish to position your products with DATEV, register
for our online services or contact us my email or phone.

DATEV can process the following data relating to you: contact details, customer
group/interest, offer data, quotations, credit rating data, log data, company
data.

Legal bases and purposes of processing


 


5.1 ON THE BASIS OF YOUR CONSENT (ARTICLE 6 (1) (A) GDPR)

Insofar as you have given your consent to the processing of personal data for
specific purposes (e.g. the evaluation of data for marketing purposes), such
processing is lawful on the basis of the consent granted by you. You may revoke
the consent you have granted at any time. Please note that a revocation is
effective for the future only. Data processing performed prior to a revocation
is not affected.


 


5.2 FOR THE PERFORMANCE OF CONTRACTUAL OBLIGATIONS (ARTICLE 6 (1) (B) GDPR)

Personal data is processed for us to provide our services, in particular for us
to implement pre-contractual measures.


 


5.3 ON THE BASIS OF LEGAL PROVISIONS (ARTICLE 6 (1) (C) GDPR) OR PUBLIC INTEREST
(ARTICLE 6 (1) (E) GDPR)

DATEV may process your personal data on the basis of other legal obligations,
such as court orders.


 


5.4 ON THE BASIS OF LEGITIMATE INTERESTS (ARTICLE 6 (1) (F) GDPR)

Where required, DATEV processes your data beyond the actual performance of the
contract for the purposes of safeguarding our legitimate interests or those of
third parties. For instance, for:

 

 * Better customer service
 * Safeguarding IT security and operation, e.g. transfer protocols
 * Reviewing and optimising processes for needs analysis and direct
   customercommunication
 * Advertising by DATEV or market research and opinion polling insofar as you
   have not objected to the use of your data for these purposes
 * Asserting legal claims and defending legal disputes
 * Measures for business management and to further develop services and products

 


 


6. COLLECTION AND PROCESSING OF THE PERSONAL DATA OF CUSTOMERS


 

DATEV collects your personal data when you contact us, i.e. in particular when
you register for our online services or contact us by email or phone or when you
use our products and services on the basis of existing business relations. We
additionally process personal data from publicly accessible sources if said data
is necessary for our service. We acquire this data in a permissible manner, e.g.
from debtors’ lists or commercial registers and registers of associations. We
are additionally provided with personal data by other third parties (e.g. credit
reference agencies).

DATEV can process the following data relating to you: contact details, customer
group/interest, sales data, offer data, quotations, credit rating data, payment
data, log data, audit data, billing data, protocols and company data.

If you are the employee of a client, DATEV may have saved your contact details,
in particular in your capacity as the contact for a certain process. If you work
with DATEV applications/programs, log data from these applications and technical
data from the systems with which you work may additionally be saved.

Legal bases and purposes of processing


 


6.1 ON THE BASIS OF YOUR CONSENT (ARTICLE 6 (1) (A) GDPR)

Insofar as you have given your consent to the processing of personal data for
specific purposes, e.g. the evaluation of data for marketing purposes, such
processing is lawful on the basis of the consent granted by you. You may revoke
the consent you have granted at any time. Please note that a revocation is
effective for the future only. Data processing performed prior to a revocation
is not affected.


 


6.2 FOR THE PERFORMANCE OF CONTRACTUAL OBLIGATIONS (ARTICLE 6 (1) (B) GDPR)

Personal data is processed for us to provide our services, in particular to
execute our contracts or pre-contractual measures agreed with you and to perform
your orders as well as in the course of customer management and care.


 


6.3 ON THE BASIS OF LEGAL PROVISIONS (ARTICLE 6 (1) (C) GDPR) OR PUBLIC INTEREST
(ARTICLE 6 (1) (E) GDPR)

DATEV may process your personal data on the basis of other legal obligations,
such as court orders.


 


6.4 ON THE BASIS OF LEGITIMATE INTERESTS (ARTICLE 6 (1) (F) GDPR)

Where required, DATEV processes your data beyond the actual performance of the
contract for the purposes of safeguarding our legitimate interests or those of
third parties. For instance, for:

 

 * Better customer service
 * Safeguarding IT security and operation, e.g. transfer protocols
 * viewing and optimising processes for needs analysis and direct
   customercommunication
 * Advertising by DATEV or market research and opinion polling insofar as you
   have not objected to the use of your data for these purposes
 * Asserting legal claims and defending legal disputes
 * Measures for business management and to further develop services and products

 


 


7. COLLECTION AND PROCESSING OF THE PERSONAL DATA OF SUPPLIERS


 

DATEV collects your personal data when you contact us. We additionally process
personal data from publicly accessible sources. We acquire this data in a
permissible manner, e.g. from debtors’ lists or commercial registers and
registers of associations.We are additionally provided with personal data by
other third parties (e.g. credit reference agencies).

DATEV can process the following data relating to you: contact details, sales
data, offer data, quotations, credit rating data, log data, audit data, service
provision data, billing data, protocols, company data.

If you are the employee of a supplier, DATEV may have saved your contact
details,in particular in your capacity as the contact for a certain process. If
you work with DATEV applications/programs, log data from these applications and
technical data from the systems with which you work may additionally be saved.

Legal bases and purposes of processing


 


7.1 ON THE BASIS OF YOUR CONSENT (ARTICLE 6 (1) (A) GDPR)

Insofar as you have given your consent to the processing of personal data for
specific purposes (e.g. the evaluation of data for marketing purposes), such
processing is lawful on the basis of the consent granted by you. You may revoke
the consent you have granted at any time. Please note that a revocation is
effective for the future only. Data processing performed prior to a revocation
is not affected.


 


7.2 FOR THE PERFORMANCE OF CONTRACTUAL OBLIGATIONS (ARTICLE 6 (1) (B) GDPR)

Personal data is processed for the execution of and payment for your services
and in the course of supplier management. Additionally, for cooperation
partners, it is processed for collaboration with DATEV.


 


7.3 ON THE BASIS OF LEGAL PROVISIONS (ARTICLE 6 (1) (C) GDPR) OR PUBLIC INTEREST
(ARTICLE 6 (1) (E) GDPR)

DATEV may process your personal data on the basis of other legal obligations,
such as court orders.


 


7.4 ON THE BASIS OF LEGITIMATE INTERESTS (ARTICLE 6 (1) (F) GDPR)

Where required, DATEV processes your data beyond the actual performance of the
contract for the purposes of safeguarding our legitimate interests or those of
third parties. For instance, for:

 

 * Safeguarding IT security and operation, e.g. transfer protocols
 * Consultation with credit reference agencies (to determine credit/default
   risks)
 * Asserting legal claims and defending legal disputes
 * Information about partnerships at datev.de

 

 


8. COLLECTION AND PROCESSING OF THE PERSONAL DATA OF APPLICANTS


 

We process personal data which relates to your application. This may be general
information about you (such as name, address and contact details), details of
your professional qualifications and school education or professional
development, or other information with which you provide us in connection with
your application. Insofar as we do not collect data directly from you and you
have an active profile on XING and LinkedIn or disclose an inactive or only
partially active profile to us in the course of the application process, we may
also collect personal data from here.


 


8.1 LEGAL BASES AND PURPOSES OF PROCESSING

We process your personal data for the purpose of processing your application for
an employment relationship insofar as this is necessary in order to reach a
decision regarding the establishment of an employment relationship with us. The
legal basis for this is Section 26 (1) in conjunction with Section 8 sentence 2
of the Federal Data Protection Act (BDSG).

Further, we can process your personal data insofar as this is necessary for the
defence of legal claims asserted against us on the basis of the application
process. The legal basis for this is Article 6 (1) (f) GDPR (safeguarding the
legitimate interests of the controller). DATEV’s legitimate interest is, for
example, the burden of proof in legal proceedings pursuant to Germany’s General
Act on Equal Treatment (AGG).

Insofar as an employment relationship is established between you and us,
pursuant to Section 26 (1) BDSG we may continue to process the personal data
provided by you for the purposes of the employment relationship if this is
necessary for the execution or termination of the employment relationship or to
exercise or perform the rights and obligations regarding employee advocacy
pursuant to a law or company agreement.


 


8.2 RECIPIENT OF PERSONAL DATA

Within DATEV, the internal entities or organizational units receiving your data
are the ones that require your data in order to fulfill our contractual and
statutory obligations, such as recruitment managers and specialists who are
looking for a new employee or who are involved in the decision regarding the
appointment of a new employee; accounting departments, the company doctor, if
applicable; occupational safety, employee representation, or in the context of
processing and realizing our legitimate interests.

Access to your data is afforded to those within DATEV who need it for the
purposes stipulated above. Processors contracted by DATEV (Article 28 GDPR) and
other service providers may likewise receive data for the purposes
stipulated. Here you will find an overview of all processors employed by DATEV
in various matters. These are companies in the areas of IT services, logistics,
telecommunications and marketing. DATEV additionally cooperates with
universities to develop and improve its services. Data shall only be shared with
recipients outside of DATEV if provisions allow for this or mandate this, you
have given your consent or we are otherwise authorised to share data. Under
these circumstances, the recipients of personal data may be, for example:

 

 * Public authorities and institutions in the event of a statutory or official
   obligation.

 * In rare individual cases of maintenance or for fault analysis, we may use
   hardware or software support partners. In this case, we will enter into
   agreements with these partners that include the legally stipulated
   contractual provisions governing purpose limitation and confidentiality as
   well as – if necessary – confidentiality obligations in accordance with
   section 203 of the German Criminal Code (Strafgesetzbuch, StGB).
 * Other recipients of data may be the entities for which you have granted us
   your consent to the transfer of data.


 


 


8.3 DURATION OF DATA STORAGE

We store your personal data for as long as it is necessary to decide on your
application. If an employment relationship is not established between you and
us, we may also continue to store data insofar as this is necessary for defense
against possible legal claims. The application documents are deleted six months
after notification of the rejection decision, unless it is necessary to store
them for a longer period due to legal disputes.

Upon successful recruitment, the application documents will be kept for 12
months from the date of acceptance in order to be able to review your
classification after successfully completing the probation period. The data
relevant to the employment relationship is also transferred to the employee file
and is subject to the deletion dates applicable to that.


 


8.4 CONSEQUENCES OF A FAILURE TO PROVIDE DATA

The provision of personal data is not required by law or contract and you are
not obliged to do so. However, the provision of personal data is necessary for
the conclusion of an employment contract with us. This means that we cannot
enter into an employment relationship with you unless you provide us with
personal data in an application.

 


 


9. ADDITIONAL PROCESSING PURPOSES


 

DATEV may process your personal data on the basis of other legal obligations,
such as court orders. The legal basis is legal provisions (Article 6 (1) (c)
GDPR) or public interest (Article 6 (1) (e) GDPR). Where required, DATEV
processes your data beyond the actual performance of the contract for the
purposes of safeguarding our legitimate interests or those of third parties. For
instance, for:

 

 * Safeguarding IT security and operation, e.g. transfer protocols
 * Asserting legal claims and defending legal disputes

 

The legal basis for this processing is DATEV’s legitimate interest (Article 6
(1) (f) GDPR).

 


 


10. DURATION OF STORAGE


 

If your personal data is no longer required for the above purposes, it is
deleted on a regular basis, unless its – temporary – retention is still
necessary for the purposes of fulfilling contractual or legal obligations.
Grounds for this may include:

 

 * Keeping evidence for legal disputes in the context of legal statutes of
   limitation: statutory limitation periods under civil law may last up to 30
   years, with the standard limitation period being three years.
 * Log data may be stored for up to two years and your enquiries to our customer
   service may be stored for up to three years.

 

Once these periods have passed, the data is deleted following a subsequent
period of review. For data with a statutory retention period of ten years, this
may last up to four years.

 


11. RECIPIENTS OF PERSONAL DATA


 

Within DATEV, the internal entities or organizational units receiving your data
are the ones that require your data in order to fulfill our contractual and
statutory obligations, such as recruitment managers and specialists who are
looking for a new employee or who are involved in the decision regarding the
appointment of a new employee; accounting departments, the company doctor, if
applicable; occupational safety, employee representation, or in the context of
processing and realizing our legitimate interests.

Access to your data is afforded to those within DATEV who need it for the
purposes stipulated above. Processors contracted by DATEV (Article 28 GDPR) and
other service providers may likewise receive data for the purposes
stipulated. Here you will find an overview of all processors employed by DATEV
in various matters. These are companies in the areas of IT services, logistics,
telecommunications and marketing. DATEV additionally cooperates with
universities to develop and improve its services. Data shall only be shared with
recipients outside of DATEV if provisions allow for this or mandate this, you
have given your consent or we are otherwise authorised to share data. Under
these circumstances, the recipients of personal data may be, for example:

 

 * Public authorities and institutions in the event of a statutory or official
   obligation.

 * In rare individual cases of maintenance or for fault analysis, we may use
   hardware or software support partners. In this case, we will enter into
   agreements with these partners that include the legally stipulated
   contractual provisions governing purpose limitation and confidentiality as
   well as – if necessary – confidentiality obligations in accordance with
   section 203 of the German Criminal Code (Strafgesetzbuch, StGB).

 


12. THIRD COUNTRY


 

In the course of remote maintenance of standard IT components, it cannot be
ruled out that an IT service provider from a third country (e.g. USA) may in
rare cases have controlled and limited insights into personal data for
troubleshooting purposes. A transfer of personal data e.g. to Microsoft as well
as other service providers outside of the European Economic Area (EEA) will only
take place if the third country has been confirmed by the European Commission to
have an adequate level of data protection or other appropriate data protection
guarantees are in place, e.g.:

 

 * a self-certification under the Trans-Atlantic Data Privacy Framework,
 * EU standard contractual clauses with additional safeguards, if required on
   the basis of a transfer impact assessment, or
 * binding corporate data protection regulations.

 

A transfer to a third country may also take place if you have consented to it or
if it is necessary in the context of a contract performance, Article 6 (1),
Article 49 (1) GDPR.

 


13. AUTOMATED DECISION MAKING


 

To a degree, your data is processed by us automatically with the aim of
evaluating certain aspects of relevance to customer relations (profiling for,
for example, ABC analysis). However, we do not make any automated decisions on
this basis which would have a legal impact on you or would otherwise
considerably harm you without the involvement of a person. Should we solely make
use of automated decisions in individual cases in the future, we shall notify
you of this separately insofar as this is stipulated by law.

 


14. SUBJECTS’ RIGHTS


 

To exercise a right as a data subject, please contact info@datev.de, stating
your contact details and the data subject’s rights that you wish to exercise.

Right to access: You have the right to information about the stored data
concerning you and about how we collect, process, and store this data in
accordance with Article 15 (1) GDPR. Information is available on request within
the scope provided by statutory provisions.

Right to rectification: You may request that incorrect or incomplete data
concerning you be corrected or supplemented in accordance with Article 16 of the
GDPR.

Right to erasure: In certain situations, you have the right to request the
erasure of data concerning you in accordance with Article 17 (1) GDPR. For
example, you may request erasure if the data is no longer required for the
intended purpose or is processed unlawfully, or if you have withdrawn your
previously granted consent or have raised a legitimate objection to the
processing. However, we may only delete your personal data if there are no
statutory or other retention obligations.

Right to restriction of processing: You may also request the restriction of data
processing based on the conditions of Article 18 GDPR.

Right to data portability: Pursuant to Article 20 GDPR, you have the right to
have data that we process automatically on the basis of your consent or for the
performance of a contract handed over to you or to a third party in a commonly
used, machine-readable format. If you request the direct transmission of the
data to another controller, this will only be done to the extent that is
technically feasible.

Right to object: Pursuant to Article 21 (1) GDPR, you have the right, on grounds
relating to your particular situation, to object at any time to the processing
of personal data concerning you, insofar as the processing is carried out after
balancing interests (Article 6 (1) (f) GDPR) or in the public interest (Article
6 (1) (e) GDPR). You can object to the use of your personal data for direct
marketing at any time without stating a reason by contacting
widerspruch@datev.de.

Right to lodge a complaint with a supervisory authority: In the event of a
complaint, you can contact a data protection supervisory authority. The Bavarian
Data Protection Authority (BayLDA) is the responsible supervisory authority for
DATEV.

 


15. OBLIGATION TO PROVIDE DATA


 

We require the following personal data from you in the course of the business
relationship:

 

 * Data required to initiate and execute a business relationship
 * The data necessary for the performance of the related contractual obligations
 * Data which we are legally obliged to collect

 

Without this personal data, we are unable to enter into or execute a contract
with you.

 


16. SECURITY


 

DATEV takes suitable technical and organisational measures to ensure a level of
protection appropriate to the risk involved and to protect personal data from
destruction, loss, alteration or unauthorised disclosure and access. The
effectiveness of these measures is reviewed, assessed and evaluated on a regular
basis.

 


17. SOCIAL MEDIA


 

We operate accounts on various social media platforms in order to better
communicate with our existing and prospective customers, and also to better
present DATEV as a company as well as our products and services. Furthermore, we
also use our social media accounts for advertising purposes, with target
audiences being defined in order to be able to address them in a targeted
manner. In this context, we also use services from external service providers
that may be located in a third country outside the EU. We process personal data
as part of our social media activities on the legal grounds of our legitimate
interest pursuant to Art. 6 (1) (f) GDPR, insofar as the processes do not
require consent.

 


17.1 META PLATFORMS

We operate several Facebook fan pages in joint responsibility with Meta
Platforms Ireland Ltd., 4 Grand Canal Square, Dublin 2, Ireland (hereinafter
referred to as “Facebook”) in order to present our products and services via
this platform, offer interested parties a communication channel, and market
DATEV as a company.

In this context, we may receive information from Facebook, such as a statistical
evaluation of the use of the fan page by means of interactions, likes, or
comments, and device information such as the IP address, operating system, or
browser type may also be included. More information on these statistical
analyses can be found here or in the Data Policy. You can manage your personal
settings for ads here. We use the information we receive, for example, to make
our Facebook presence and our services even more attractive to our customers and
relevant to their interests. This data is processed on the legal grounds of a
legitimate interest pursuant to Article 6 (1) (f) GDPR.

Further information on the controllers can be found in the Facebook Page
Insights addendum. Please note that we have no control over the extent to which
Facebook collects and processes data on its own responsibility. However, you can
assume that Facebook will use the aforementioned information for detailed
statistics and its own market research and marketing purposes. You can find out
how Facebook processes data here in Facebook’s Privacy Policy. If you wish to
exercise your rights as a data subject, it is easiest to contact Facebook
directly as they have access to the platform and thus all user data as well as
the specific purposes for which it is processed. We are of course happy to
assist you in asserting your rights.


 


17.2 INSTAGRAM

Furthermore, we use the Instagram service in joint responsibility with Meta
Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland (hereinafter
“Instagram”). As Facebook and Instagram are operated by the same service
provider, the above information on Facebook essentially also applies to
Instagram. To this end, we operate Instagram accounts in order to present
ourselves as a company and as an employer, market our products and services, and
offer our prospective customers a simple and fast channel for communication and
interaction. If you contact us via our account, for example by commenting on
posts or writing private messages, Instagram processes and stores your personal
data.

We have no control over the extent to which Instagram collects and processes
personal data for its own purposes, such as the IP address of your device or
other information about log-ons. However, it cannot be ruled out that Instagram
may use this collected data for advertising purposes and transfer personal data
to a third country, in particular the US, on its own responsibility. For more
information on data processing, please refer to the Instagram Privacy Policy of
Meta Platforms Ireland Limited. You can manage your individual privacy and
security settings on Instagram here.


 


17.3 X

DATEV also uses the X short message service provided by Twitter International
Unlimited Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07,
Ireland (hereinafter referred to as “XX”). For this purpose, we operate XX
profiles in order to present our products and services, offer prospective
customers a communication channel, and market DATEV as a company.

If you are on X, which includes when you visit our X profile, X processes
personal data as a data protection controller independently of us and may
transfer this data to countries outside the EU/EEA. In addition to the data you
voluntarily provide, such as your name, username, and e-mail address, X
processes the following additional data: IP address, information about visited
websites, location data, data about the cellular service provider, and
information about the device used (device ID and application ID). X also
processes the personal data of unregistered visitors. We have no influence on
the nature or scope, or on the type of processing or use, or on the disclosure
of this data by X to third parties. You can find more information about which
data is processed by X and for what purposes it is used here.

Please note that you use the various functions of X, e.g., sharing, liking,
commenting, etc., on your own responsibility and that we have no influence on
the extent to which X collects and processes data as a data controller
independent of us. In particular, we are not aware of how X uses the data from
your visit to X for its own purposes, how long X stores this data, and whether
this data is passed on to third parties.

This data is processed by X in the US, although X undertakes to comply with
European data protection law. Through using X, data may reach third parties, in
particular the operators of these systems. Their processing can be found in
their privacy policy. We expressly point out that in instances like these where
data is transferred to third countries, the level of data protection in the
third country may not have been determined by the EU Commission in accordance
with Article 45 GDPR and that there are no suitable guarantees within the
meaning of Article 46 GDPR. It is therefore possible that the level of data
protection in the third country is not equivalent to that of the GDPR. Possible
risks of transfer to these countries include access by third parties, in
particular by state security authorities, and processing for commercial purposes
in order to display specific advertising to users.

We ourselves do not collect, process, or receive any personal data from X
arising from your use, only aggregated analyses of your use. However, if we
retweet or respond to your tweets or even compose tweets that link to your
profile, we will also process the data you enter into the service, in particular
your (user) name and the content published on your account, insofar as it is
incorporated into our offer and made available to our followers.

If you are logged into X as a user, X may be able to associate this information
with your user account. If you want to avoid this, you should log out of X,
delete the cookies on your device, and close and restart your browser. You can
also restrict the processing of your data by applying further restrictions in
the general settings of your X account and under “Privacy and Security.”
Depending on the operating system, mobile devices (smartphones, tablets, etc.)
let you restrict X’s access to contacts, calendar data, photos, location data,
etc. in the settings options. You can also customize your settings for
personalized ads here.

 

Further information on X’s privacy and data protection can be found here:

 

 * X Privacy Policy
 * Information about the cookies used by X
 * Option for viewing your own data on X
 * Information about the inferences that X has made about you
 * Information about the available personalization and privacy settings
 * X Privacy Form and Archive Requirements


 


17.4 LINKEDIN

We are also present on the LinkedIn platform of LinkedIn Ireland Unlimited
Company, Wilton Place, Dublin 2, Ireland (hereinafter referred to as
“LinkedIn”). On this platform, we operate our LinkedIn company page in joint
responsibility with LinkedIn within the meaning of Article 26 of the GDPR.

If you are on LinkedIn, but not on our LinkedIn company page, LinkedIn processes
personal data as a data controller independent of us. Please note that you use
the various functions of LinkedIn, e.g. sharing, liking, and commenting, on your
own responsibility and that we have no influence on the extent to which LinkedIn
collects and processes data as a data controller independent of us. In
particular, we are not aware of how LinkedIn uses the data from your visit to
the LinkedIn website for its own purposes, how long LinkedIn stores this data,
and whether this data is passed on to third parties. However, you can assume
that LinkedIn uses your IP address, information about your device, and other
personal data for detailed statistics and its own market research and marketing
purposes. If you are logged into LinkedIn as a user, LinkedIn may be able to
associate this information with your user account. If you want to avoid this,
you should log out of LinkedIn, delete the cookies on your device, and close and
restart your browser. You can find further information here on data processing
by LinkedIn as a data controller independent of us.

When you visit our LinkedIn company page, LinkedIn also processes the personal
data of users of our LinkedIn company page and provides us with statistical
analyses of the use of our LinkedIn company page by means of interactions,
likes, or comments (“page insights”). In order to compile the statistical
analysis, LinkedIn also processes data that you have already provided to
LinkedIn using the information in your profile, e.g., age, country of origin,
sector, employer, and employment status. When we do this, we do not receive any
personal data from you and cannot make any inferences about a specific person.
Beyond this, we do not collect any data from your use of our LinkedIn company
page.

The processing of personal data in the context of page insights is carried out
by LinkedIn and us as joint controllers. We use the information we receive, for
example, to make our LinkedIn company page and our services even more attractive
for our customers and relevant to their interests. The legal grounds for this
processing is your consent pursuant to GDPR Art. 6(1)(a). For more information
on these statistical analyses, please refer to the LinkedIn Privacy Policy.

In order to fulfill data protection obligations, we have entered into an
agreement with LinkedIn on processing as joint controllers. You can find the
agreement here.

Essentially, it provides the following:

LinkedIn assumes the obligations to inform you about the joint processing of
data by LinkedIn and us on our LinkedIn company page. Please regularly read
LinkedIn’s Privacy Policy, which you can find here.

If you wish to exercise your rights as a data subject under data protection law,
it is easiest to contact LinkedIn or its data protection officer directly, as
they have access to the platform and thus all user data as well as the specific
processing purposes associated with it. We are happy to assist you in asserting
your rights as a data subject under data protection law. You can also contact us
directly at widerspruch@datev.de. In this case, we will forward your inquiry to
LinkedIn.

In accordance with the LinkedIn Privacy Policy, LinkedIn also processes personal
data in the United States or other third countries. According to LinkedIn,
personal data is transferred only to countries for which an adequacy decision of
the European Commission pursuant to Article 45 of the GDPR or suitable
safeguards pursuant to Article 46 of the GDPR exist. You can find more
information on this here.

In addition, we have agreed that the Irish Data Protection Commission has
priority for monitoring the processing for page insights. You have the right to
lodge a complaint with the Irish Data Protection Commission or any other
supervisory authority.


 


17.5 XING

Furthermore, we use the social network XING, owned by New Work SE, Am Strandkai
1, 20457 Hamburg, Germany (hereinafter referred to as “XING”), to present
ourselves as an employer by means of an employer branding profile, to advertise
vacancies in our company, to contact you, and to add you to our network. For
more information on the application process at DATEV when using a XING profile,
please refer to section 8 of our privacy policy.

In addition, we display our own ads and posts on XING. In this process, XING
collects data about your interaction with the ad. This includes data such as
reach, clicks, and frequency. In doing so, XING gives us access to statistical
analyses of our advertisements as well as activities on our profile, but we do
not receive any information from XING about your personal interaction with the
advertisement or personal evaluations or analyses. It is not possible for us to
make inferences about individual user profiles.

When you visit us on our company profile, XING processes personal data on its
own responsibility, e.g., to create detailed evaluations and statistics. We have
no influence on this data processing nor do we receive personal evaluations from
XING. Here you can view the Privacy Policy and you can assert your rights as a
data subject against XING here.


 


17.6 YOUTUBE

With our YouTube channels (“DATEV” and “DATEV Help Videos”), we want to use
videos to present our products and services, report on the latest news at DATEV,
and present DATEV as an employer.

If you visit the video platform YouTube from the European Economic Area or
Switzerland, your personal data will be processed by the platform’s service
provider, Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland
(hereinafter referred to as “Google”).

When you visit YouTube, Google collects and processes personal data for its own
purposes, such as providing, maintaining, or improving the desired Google
service. The data that Google collects and how it is used depends on how you use
these services and how you manage your privacy settings. DATEV has no influence
over this processing.

Google provides us with a statistical and anonymized analysis of user behavior
with regard to the videos we post on the YouTube platform. No further processing
of (personal) data takes place.

Google’s Privacy Policy can be found here. You can make changes to your Google
account here. You can make changes to personalized advertising for Google
services here.

 


18. FRIENDLY CAPTCHA


 

We use Friendly Captcha, a service provided by Friendly Captcha GmbH, located at
Am Anger 3-5, 82237 Wörthsee, Germany (referred to as "Friendly Captcha").

Friendly Captcha is used to protect our websites and/or online-forms from
attacks by automated programs/scripts (so-called "bots"). For this purpose, a
JavaScript element is integrated into the source code. As part of this process,
your IP address is captured by Friendly Captcha in order to send a cryptographic
task to your device. This task is solved in the background by your device. The
purpose of this is to be able to determine whether the visitor is a human being
or whether the use is abusive through automated, machine processing (e.g. bots).

Friendly Captcha does not set or read any cookies on the visitor's device. The
IP addresses are only stored in hashed form (one-way encryption) and are not
used to personally identify the visitor of the website. No data is transferred
to a third country.

Friendly Captcha processes and stores the following data as described above:

 

 * IP address of the visitor
 * Number of requests from the (hashed) IP address per time period
 * Request header data, especially user agent (browser, operating system),
   origin and referrer (previous websites)
 * Response of the cryptographic task solved by the visitor's device
 * Date/time of the request
 * Version of the Friendly Captcha service used

 

The legal basis for this processing is the legitimate interest of DATEV eG
(Article 6 (1) (f) GDPR), namely to protect our website from abusive access by
bots.

Further information on data processing can be found in the privacy policy for
end users of Friendly Captcha.

 


19. VIDEO INTEGRATION VIA YOUTUBE


 

YouTube videos are incorporated into a number of our websites. These are
incorporated using what is known as a two-click solution – only when you click
on the video will the standard data be transmitted to Google. In individual
cases, the data transmitted may be the IP address, the specific address of the
page viewed on our website, if applicable the page from which you were
redirected to us (link source), the browser’s transmitted identifier, and the
system date and time of the page view. Google may receive additional data
regarding cookies already stored. Google is responsible for this data. No data
is transmitted to You Tube/Google if no pages with integrated videos are viewed.

 


20. LINKS TO OTHER WEBSITES


 

If you access an external website from our site (external link), the external
provider may obtain information from your browser regarding which site you
accessed theirs from. The external provider is responsible for this data. Like
any other provider, we are unable to influence this process.

 

Version dated: May 2024


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