The protection and confidentiality of your data are highly important to softgarden. The collection and use of your personal data is performed solely within the terms of the statutory provisions of the applicable data protection law. This Data Protection Notice will tell you about the personal data we process when you use softgarden, and the purpose for which this data will be used. softgarden collects and uses your personal data solely in accordance with the provisions of the data protection laws that apply in the Federal Republic of Germany and the European Union. Information concerning the type, scope and purposes of collection and use of personal data is set out in the following.
1. Data controller
The data controller within the meaning of the data protection law is:
softgarden e-recruiting GmbH
10789 Berlin (GERMANY)
2. Data Protection Officer
The Data Protection Officer within the definition of the data protection laws is:
Herting Oberbeck Datenschutz GmbH
Hallerstraße 76, 20146 Hamburg (GERMANY)
3. Location of the data processing
softgarden operates an IT infrastructure at its administrative offices in Berlin and Saarbrucken, as well as in the data processing centres operated by the following service providers
- myLoc managed IT AG
- PlusServer GmbH
- PlusServer GmbH
- Equinix Germany GmbH
The service provider’s data processing centres for the website is based in France.
4. Object of the data protection
The object of the data protection is personal data. According to Art. 4 no. 1 GDPR, this means any information relating to an identified or identifiable natural person (“data subject”). This includes information such as name, postal address, email address and telephone number, and can, in certain circumstances, include usage data. Usage data relates to the data necessary in order to use our website, such as information concerning the start, end and scope of the use of our website and login data.
This Data Protection Notice applies to the online site of softgarden e-recruiting GmbH.
5. Collection and use of your data
5.1. Automated data collection
softgarden and third-party services may collect data for operating and maintenance purposes. These record interaction-related information via the application (system logs), or use other personal data (e.g. IP address) for this purpose.
When accessing softgarden products, your internet browser will automatically transfer data due to technical reasons. The following data, which you will provide to us in certain circumstances, will be stored separately from other data:
- date and time of access,
- browser type and version,
- Applicable operating system,
- URL of the previously visited website,
- quantity of data transferred.
- IP address of the access
These data will be stored solely for technical reasons, and at no time will they be attributed to a particular person. Legal basis is Art. 6 (1) 1st sentence point f) GDPR.
5.2. Data entered by the user
On our website you have the opportunity to contact us using the contact form. To do this, you have to enter your name, email address, a telephone number and the name of your company. This data will be needed to contact you as part of the sales process, or in connection with customer and potential customer surveys. In addition, softgarden also needs this data (and possibly other data too) to respond to requests, questions and criticisms. Legal basis is Art. 6 (1) 1st sentence point f) GDPR.
5.3. Transfer of personal data
During the course of the ongoing development of our business activities, changes may occur to the structure of the softgarden e-recruiting GmbH Company, whereby the legal form is amended, subsidiaries, units or parts thereof are formed, acquired or sold. Where such transactions occur, the customer information will be transferred together with the transferred part of the company. In the case of every such transfer of personal data in this context, softgarden shall ensure that this takes place in accordance with this Data Protection Notice and with the applicable data protection laws Legal basis is Art. 6 (1) 1st sentence point f) GDPR.
softgarden offers you a free-of-charge newsletter service. softgarden uses this newsletter to provide information on product updates, price changes, other information relevant to using the platform as well as taking part in surveys, in order to make you aware of new products or services or send you other information that may be of interest to you. Our newsletters also contain information about offers and products available from our co-operation partners.
The newsletter subscription can be activated or cancelled at any time by using the settings in your profile. Every newsletter contains information telling you how it the subscription can be cancelled, taking effect for the future. Legal basis is Art. 6 (1) 1st sentence point a) GDPR.
6. Use of the collected data
User data is collected to enable softgarden to deliver the services. Data is also collected for the following purposes: analytics, interaction with live chat platforms, interaction with support and evaluation platforms, administration of support and contact queries, administration of use databases, administration of contacts and for sending messages, contacting the user, advertising, enabling third-party providers to access profiles, displaying the content of external platform, and for remarketing and behavioural targeting.
If you have downloaded one of our e-books through our website, it is possible, with your consent, to send us distribution or marketing communications. These messages may include: Refer to the recommendation of other e-books to download or the invitation to product demos. The personal data collected and processed by you for this purpose will not be used for any other purpose or passed on to third parties.
The legal basis for contacting is Art. 6 (1) lit. b) GDPR together with §7 sect. 3 german UWG. Should you not or no longer wish to get contacted, you can withdraw your consent at any time, free of charge and without naming reasons. Contact firstname.lastname@example.org or the communication channels mentioned in the imprint.
The personal data used for the purposes listed here, is described in the applicable sections of this document.
7. Improvement of softgarden services
softgarden uses various systems in order to improve the services on offer, and to assist customers with support inquiries.
7.1. Tracking Proxy
Our website facilitates the immediate pseudonymisation of your IP address on your first visit. In this way, we prevent direct access by third parties to end-user devices for tracking purposes and ensure complete control over a single data parameter and setting conditions for the transfer of data to such third parties. To do this, we use first-party cookies and browser fingerprinting methods that are stored on your device. Your end device is assigned a randomly generated identification number (cookie ID/device ID).
This service is provided to us by Tracking Garden GmbH (Ritterfelddamm 225e, 14089 Berlin, Germany).
The aim is to obtain information about the use of our website, statistical analyses and reach measurements, such as the call-up of a specific webpage, the number of unique visitors, entry and exit pages, dwell time, click, wipe and scroll behaviour, the activation of buttons, the bounce rate and similar interactions by users on our website (events). This access data primarily includes browser and device information, the anonymised cookie ID of the tracking proxy and the date and time of the server request. The processing of this data by this service takes place exclusively on servers in Germany.
Your IP address will not be forwarded to third parties without your consent. Only general location information such as the region and city of the end device’s location is collected and derived in advance from the IP address. Due to the service, further user data is forwarded to third-party providers exclusively in pseudonymised form for the purpose of analysing and measuring the range of user behaviour on our website. To ensure effective pseudonymisation, the tracking proxy creates artificially generated data parameters for the browser identifier (user agent), for the cookie IDs of the third-party providers, for order numbers (if applicable) and for other browser and device information that would otherwise enable re-identification. The storage period for first-party cookies from this service is limited to a maximum of 24 months.
The legal basis for this processing by the service is our legitimate interest, in particular Art. 6 para. 1 p. 1 lit. f) of the GDPR. Our legitimate interest is the analysis and measurement of the reach of our website, through which we can optimise and improve our digital offering and search for errors in it.
7.2. Google services
For cases in which personal data is transferred to the USA, we have concluded a contract with Google for order processing including the general standard contract clauses approved by the EU Commission (suitable guarantee in accordance with Art. 46 Para. 2 lit. c GDPR). The legal basis for the use of Google Analytics is your consent pursuant to Art. 6 para. 1 sentence 1 lit. a GDPR. You can change your cookie settings here at any time and revoke your consent without giving reasons.
7.2.1. Google Analytics
softgarden employs Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics employs cookies, i.e. text files that are stored on your computer and which enable an analysis to be made of your use of this website. The information generated by the cookie on your use of this website will normally be transmitted to a Google server in the United States and stored there. If IP anonymization is activated on this website, however, your IP address will firstly be truncated by Google from within a member state of the European Union or from within any other country which is party to the Agreement on the European Economic Area. Only in exceptional cases will the complete IP address be sent to a Google server in the United States and truncated there. Google will use this information on our behalf for purposes of evaluating your use of the website, compiling reports on website activity and for providing the website operator with other services relating to website use and internet usage.
According to Google, the IP address relayed by your browser within the Google Analytics process will not be linked to any other data owned by Google.
softgarden uses Google Analytics to analyse the use of the website and the products of softgarden, in order that these can be improved regularly. The statistics obtained enable us to improve our website and design it to be more interesting to you personally as a user.
7.2.2. Google adwords conversion tracking
Google AdWords conversion tracking is an analytics service provided by Google Inc. that connects data from the Google AdWords advertising network with actions performed on this Application.
Personal Data collected: Cookies and Usage Data.
Furthermore, softgarden uses the so-called “Call Conversion Tracking” feature of Google AdWords. To do this, a Google user will see a specific phone number in the company profile of softgarden on Google. This is triggered by entering certain search terms (AdWords posted by softgarden). When users call this particular phone number, the back end of Google Adwords links the call to the web search with the booked AdWord. This allows softgarden to determine which booked AdWords is more likely to make a customer call and plan and design the advertising accordingly. The legal basis for this is your consent according to Art. 6 (1) 1st sentence point a) GDPR. Consent is obtained via the cookie banner. You can also object to the processing of your data via this banner.
7.2.3. Google tag manager
Google Tag Manager is an analytics service provided by Google Inc that can be used to integrate other services into the website (e.g. Google Analytics). The Tag Manager itself only serves as a container for further tracking tools and cookies.
Collected personal data: Cookie and usage data. Personal Data collected: Cookies and Usage Data.
7.2.4. Google Remarketing
This website uses the remarketing tool provided by Google Inc. (“Google”). This function makes it possible to present interest-based adverts to website visitors within the Google advertising network. The website visitor’s browser stores cookies on their computer, and these enable the visitor to be recognised again, when they visit these websites belonging to Google’s advertising network. On these sites, the visitor can then be shown adverts tailored to content the visitor previously accessed on websites using Google’s remarketing function. Google states that it does not collect any personal data during this process.
7.3. Salesforce and Pardot
softgarden uses Salesforce as CRM system as well as Pardot as software solution for controlling and realising inbound marketing. If you use our contact form and agree to the processing of your data by Pardot, you have the opportunity to learn more about our company and provide us with your contact information. The legal basis is Art. 6 para. 1 p. 1 lit. f DSGVO. This information is stored on servers of salesforce.com Germany GmbH. We have concluded a data protection contract incl. standard contractual clauses with Salesforce and Pardot, Inc. (appropriate guarantee pursuant to Art. 46 (2) lit. c DSGVO). The parent company of Salesforce is a software company from the USA, the servers on which softgarden data is processed are located within the European Union. We use your information to send you further information about our services and to be able to identify you when you visit our website again.
7.4. Bing Ads
This website uses Bing Ads, a program from Microsoft Corporation (“Microsoft”) using Universal Event Tracking (UEN) to implement remarketing and closure tracking. A cookie is placed on your computer for this purpose when you visit our website through Bing or Yahoo. In this text file, Bing Ads stores information about your use of our website, i.e. the pages you visit, for 180 days and then deletes it. This information includes the URL of the page you visited, the URL of the referring page, and your IP address. By using the remarketing function, we can provide you with offers that are specially tailored to you in a later search on one of the above mentioned search engines.
The legal basis for data processing is Art. 6 para. 1 lit. a GDPR (consent). You can change your cookie settings at any time here and thus revoke your consent without giving reasons. You can view Microsoft’s data protection conditions for handling collected data under the following link: https://privacy.microsoft.com/de-de/privacystatement/.
7.5. Crazy Egg
The legal basis for data processing is Art. 6 para. 1 lit. a GDPR (consent). You can change your cookie settings at any time here and thus revoke your consent without giving reasons.
7.6. Marketing via Social Media
softgarden uses Twitter for the purpose of conversion tracking and remarketing and thus for more efficient control of advertising campaigns on Twitter.
As a result of using them on our website, your browser automatically establishes a direct connection with the Twitter server. We have no influence on the scope and further use of the data collected by Twitter through the use of this tool.
We only receive statistical evaluations from Twitter. On the basis of these evaluations we can identify which of the advertising measures used are particularly effective. We do not receive any further data from the use of the advertising material, in particular we cannot identify the users on the basis of this information.
In addition to ad conversion tracking, we use the remarketing application. This is a procedure with which we would like to address you again. This application allows us to show you our advertisements during your further internet use after you have visited our website. This is done by means of cookies stored in your browser, which are used to record and evaluate your usage behaviour when you visit various websites via Twitter. In this way Twitter can determine your previous visit to our website.
Personal data collected: Cookie and usage data.
The legal basis for use is Art. 6 para. 1 sentence 1 lit. a DS-GVO (consent). You can change your cookie settings at any time here.
7.6.2. Facebook Pixel
softgarden uses the Facebook pixel for the purpose of conversion tracking and remarketing and thus for more efficient control of advertising campaigns on Facebook.
As soon as you call up our website, Facebook stores a cookie in your PC. These cookies lose their validity after 90 days.
Due to the use of the Facebook pixel on our website, your browser automatically establishes a direct connection with the Facebook server. We have no influence on the scope and further use of the data collected by Facebook through the use of this tool.
We only receive statistical evaluations from Facebook. On the basis of these evaluations we can see which of the advertising measures used are particularly effective. We do not receive any further data from the use of the advertising material, in particular we cannot identify users on the basis of this information.
In addition, Facebook uses the information collected using the pixel to create suitable target groups for our advertising campaigns (remarketing). As a result, after visiting our website, our advertisements can be displayed to you during your further internet use. This is done by the cookies stored in your browser, which are used to record and evaluate your usage behavior when you visit various websites through Facebook.
Collected personal data: Cookie and usage data.
The legal basis for the use of the Facebook pixel is Art. 6 para. 1 sentence 1 lit. a DS-GVO (consent). You can change your cookie settings at any time here.
7.6.3. LinkedIn Pixel
softgarden uses the LinkedIn pixel for the purpose of conversion tracking and remarketing and thus for more efficient control of advertising campaigns on LinkedIn.
Due to the use of the LinkedIn pixel on our website, your browser automatically establishes a direct connection with the LinkedIn server. We have no influence on the scope and further use of the data collected by LinkedIn through the use of this tool.
We only receive statistical evaluations from LinkedIn. On the basis of these evaluations we can see which of the advertising measures used are particularly effective. We do not receive any further data from the use of the advertising material, in particular we cannot identify users on the basis of this information.
In addition, LinkedIn uses the information collected using the pixel to create suitable target groups for our advertising campaigns (remarketing). As a result, after visiting our website, our advertisements can be displayed to you during your further internet use. This is done by the cookies stored in your browser, which are used to record and evaluate your usage behavior when you visit various websites through LinkedIn.
Collected personal data: Cookie and usage data.
The legal basis for the use of the LinkedIn pixel is Art. 6 para. 1 sentence 1 lit. a DS-GVO (consent). You can change your cookie settings at any time here.
7.7. Online surveys with easyfeedback
We use the service provider easyfeedback GmbH in Koblenz to conduct surveys and studies. Surveys are conducted and evaluated by softgarden. The aim of the surveys is to improve and further develop softgarden products and services, to increase the application experience, to conduct customer surveys and studies on recruiting trends.
The collection of the survey data is secured by SSL encryption SHA256 (SSL 3.0 fallback deactivated) by default and is only available to the author (customer) via an identically secured connection.
The participation in surveys is voluntary. You have the possibility to cancel the survey at any time by closing the browser window. The answers given so far are made available to softgarden.
Your participation in surveys is always anonymous. The survey system cannot establish any connection between you and the results. Please take care not to provide any personal data that could be used to draw conclusions about your person.
Legal basis is Art. 6 para. 1 p. 1 lit. f GDPR (legitimate interest). softgarden’s legitimate interest is to improve and develop softgarden products and services as well as to increase the application experience and to conduct studies on recruiting trends.
The options cookie tracking and IP-blocking to prevent multiple participation are not activated.
You can find more information on this in the easyfeedback data protection information: https://easy-feedback.de/privacy/datenschutzerklaerung
7.8. Lead generation with snapADDY
For more efficient lead generation we use the software “snapADDY” from snapADDY GmbH, Haugerkirchgasse 7, 97070 Würzburg, Germany.
With the help of the software, possible contact persons of potentially interested companies are identified. This is done automatically; for this purpose profiles are scanned on the business networks Xing and LinkedIn and transferred to our CRM system.
We process publicly available data that you have published in your profile on Xing and/or LinkedIn. This data may be enriched by company data from the imprint of your company website or other public sources.
snapADDY GmbH acts as our processor, is controlled by us and is subject to our instructions. You can find further information about data protection at snapADDY here: https://www.snapaddy.com/de/legal/datenschutz.html
The legal basis for the processing of your data is Art. 6 para. 1 sentence 1 lit. f DSGVO (legitimate interest). Our interest is to establish contact with potential customers and interested parties.
7.9. Displaying external platform content
This type of service enables users to view content hosted on external platforms directly from the pages of this application and interact with them.
This type of service might still collect web traffic data for the pages where the service is installed, even when users do not use it.
7.9.1. Embedding of YouTube videos
We include YouTube videos on our website in order to make our specially created content directly available to you. Thereby, contents of the YouTube page are displayed in parts of a browser window. However, the YouTube videos are only called up by clicking on them separately. By embedding the videos, your browser automatically establishes a connection with the YouTube servers as soon as you call up a page with embedded video.
Processing location: USA
7.10. Baqend Speed kit
Baqend Speed Kit is a plugin by Baqend GmbH to improve the loading times of the website by redirecting the website request through the Baqend cache infrastructure.
By default, Speed Kit does not process cookies, login data or other personally identifiable information from the accelerated website. Therefore, Speed Kit will never see sensitive user information. Furthermore, Baqend’s servers do not process or store cookies or login information from Speed Kit users.
7.11. Conducting online seminars
We offer online seminars from time to time to give you the opportunity to exchange ideas with us and other HR experts on topics and new trends in the field of applicant management. To conduct the online seminars, we use the “GoTo Webinar” platform of LogMeIn, Inc. The registration process for a seminar takes place via GoTo Webinar. The user is redirected to the GoTo Webinar website by clicking on the registration link. GoTo Webinar acts as a processor, is controlled by us and is subject to our instructions. Further information on GoTo Webinar’s data protection can be found here: https://www.logmein.com/de/legal/privacy
Registration for webinars can be done via the GoTo Webinar landing page or via registration forms provided by softgarden. For the forms see Salesforce and Pardot.
To register and conduct the webinar, we process the following personal data from you:
- First and last name,
- company name,
- email address
- telephone number (optional)
Your name, company name and e-mail address are required for registration. Optionally, you can provide us with your telephone number during registration. The legal basis for processing your personal data is Art. 6 para. 1 b DSGVO (performance of a contract).
In return for your free participation in our webinar, we will send you documents and information material about the webinar by e-mail. The legal basis for processing the data required for this is also Art. 6 para. 1 b DSGVO (performance of a contract).
In order to conduct the webinar, your IP address and other usage data are also collected. This data is technically necessary in order to provide you with the online offer. In addition, cookies are set on your computer when you use GoTo Webinar. You can read about which cookies these are and what they are used for here: https://www.logmein.com/de/legal/privacy.
With your consent, we will use the data collected to contact you after a webinar:
– To obtain your consent by email to send you our newsletter or other marketing emails.
– To contact you by phone or email to offer you a tailored product demo.
The legal basis for processing the data required for this purpose is your consent (Art. 6 (1) a DSGVO). You can revoke your consent at any time without giving reasons and with effect for the future. To do so, please contact us at email@example.com .
We delete your data when it is no longer required for the purpose of processing, you have revoked your consent, as well as when you have exercised your right to deletion and there are no statutory retention obligations or legal reasons for storage.
7.12. Customer reviews for eKomi
We use a technology from eKomi Ltd., Zimmerstraße 11, 10969 Berlin (“eKomi”) for the purpose of provider and product evaluations by our customers and for our own quality management. Therefore we have integrated evaluation software from eKomi on this website. Using this evaluation software, you can make an anonymous evaluation of your experience with us after we have provided our service. [Please describe the used rating generation here].
You can object to the use of your data for sending this mail at any time. Please address your objection to [your company].
For this technical implementation, an agreement for order processing has been concluded with eKomi. eKomi takes all organizational and technical measures to protect this data. In accordance with the legal retention periods, this data is retained and then deleted. More detailed information about eKomi’s data protection can be found at www.ekomi.de/de/datenschutz.
In the course of your evaluation via eKomi you can enter your e-mail address, which we can use to contact you later regarding your evaluation. In this way we can individually respond to your criticism, answer your questions or provide other assistance. We would like to point out that the provision of your e-mail address is voluntary.
The legal basis for the use of your data for sending the evaluation mail is, according to art. 6 para. 1 lit. a GDPR, your consent
7.13. Scheduling with Chili Piper
We use a service provided by Chili Piper Inc. based in the USA to make appointment scheduling more efficient for business purposes. This gives you the opportunity to make an appointment with one of our sales consultants directly on our website. In doing so, the following data may be processed and transmitted to and stored by Chili Piper in the USA in addition to us:
- Full name
- Title and job position
- Contact information such as e-mail address, telephone, company address
- Other details and content provided
7.14. Systems for processing our data
We use various systems internally to process personal data.
7.14.1. E-mail system, collaboration system, video conferencing system
We use the cloud-based system “Outlook” and the video service “Teams” as part of a Microsoft 365 subscription to process enquiries and for overall communication with customers, interested parties, users of our software, suppliers, other business partners and other groups of data subjects. The provider is
Microsoft Ireland Operations Ltd.
One Microsoft Place,
South County Business Park Leopardstown Dublin 18,
D18 P521 Ireland.
The data is generally processed within the European Economic Area. However, data transfers to the USA and other unsafe third countries cannot be ruled out due to the cloud system. For these cases, Microsoft Ireland, as the processor, concludes the standard contractual clauses drawn up by the EU Commission (in the processor-to-processor module) as suitable guarantees in accordance with Article 46 (2) (c) of the GDPR.
7.14.2. Support requests and data subject requests
For end-user support as well as for the processing and documentation of data subject enquiries, softgarden uses the support platform Zendesk.
When using the platform, data is transferred to third countries (Singapore, USA). To ensure a comparable level of data protection when processing your data in third countries, we have concluded a data protection contract with the providers, which contains the general standard contractual clauses (suitable guarantees according to Art. 46 (2) lit. c DSGVO).
8. Additional information concerning the collection and processing of data
8.1. Legal measures
The data controller may use the personal data of the user for legal purposes in court proceedings or in advance of possible law suits, arising from the fact that softgarden products or the associated services did not function properly. The user is aware that public authorities may demand that softgarden surrender personal data. Legal basis is Art. 6 (1) 1st sentence point e) GDPR.
8.2. Information not contained in the Data Protection Notice
Additional information concerning the collection or processing of personal data may be requested at any time from the controller, which can be contacted using the specified data.
8.3. Rights of users
Affected persons are entitled to find out at any time whether their personal data has been stored and can contact the processor in order to assert a right to information about stored data (right to information), to check its accuracy (right to correction), and to request that it be supplemented and updated to demand their deletion (right to be forgotten), to demand the restriction of processing (right to restriction) and to port / have the data ported in a common, machine-readable format (data portability). These rights apply unless there are compelling and / or legitimate reasons on the part of the processor. To do this, please contact firstname.lastname@example.org or post to the address given above.
You are also entitled, at any time, to exercise your right to object without stating any reasons, and to modify or wholly withdraw your declaration of consent, taking effect for the future. You can communicate your withdrawal of consent to the contractual partner by regular mail, by email or by fax. In doing so, you will incur no costs apart from the postage or the cost of sending the email etc. according to the existing base tariff. However, please note that you will no longer be able to use the software in this case.
8.4. Duration of storage
If your data is no longer needed for the aforementioned purposes, or if this Data Protection Notice explicitly contains other specifications regarding erasure time limits, then your data will be erased if the purpose of the processing has been fulfilled. If it is necessary to retain the data for legal reasons, the processing will be restricted. The data will then no longer be available for subsequent use.
softgarden’s products support Do Not Track requests from web browsers.
8.5. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or place of the alleged infringement if you consider that the processing of your personal data infringes the GDPR. The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.
8.6. Changes to this Data Protection Notice
softgarden reserves the right, having appropriately informed the user on this website, to make changes to this Data Protection Notice at any time. Users are therefore advised to view these pages regularly, so as to review the date of the most recent amendment as specific at the bottom of the screen. If a user objects to an amendment to this Data Protection Notice, he may no longer be permitted to use the services offered by softgarden, and he may request that softgarden erase his personal data. Unless stated otherwise, the applicable current Data Protection Notice shall apply to all the user’s personal data as stored by the controller.
Document ID: D402en
valid from 2024-01-01