Software AG Privacy Notice
            

Effective since January 17, 2022

Previous version can be found here.

This Privacy Notice describes how Software AG and its affiliates (hereinafter “Software AG,” “we,” or “us”) process personal data. It applies if you:

• use Software AG’s websites;
• communicate with Software AG (for example, by e-mail or phone);
• access Software AG’s cloud products or services as an authorized employee of a Software AG customer;
• participate in Software AG’s forums, portals and other events or
• are another data subject from whom Software AG receives personal data.

This Privacy Notice only applies when Software AG processes personal data in its role as a data controller. It does not apply if Software AG processes personal data as a processor.

Software AG may change this Privacy Notice at any time. Software AG provides access to archived prior versions via the link above in this Privacy Notice.

1. Who is responsible for your data and how to contact Software AG’s data protection officer?
Software AG, Uhlandstraße 12, D-64297 Darmstadt, Germany is the data controller in accordance with Article 4 of the General Data Protection Regulation (EU) 2016/679 (“GDPR”).

Software AG’s Data Protection Officer can be reached by email at dataprotection@softwareag.com or by post at the following address:

Data Protection Officer
Software AG
Uhlandstraße 12
D-64297 Darmstadt
Germany

2. Which kinds of personal data does Software AG process?
Software AG collects personal data directly from you, your contacts and public sources.

Customers and suppliers may provide personal data to Software AG. In this case, the customer or supplier ensures that the personal data is transferred to Software in accordance with applicable data protection law.

Below you will find a list of the categories of personal data which Software AG processes

• Computer Internet Protocol (IP) address, date and time of use, operating system and information on the Internet browser used including installed add-ons, internet address of the website from which the online offer was accessed (so-called origin or referrer URL) ("device data");
• Name, e-mail, employer, business address, profession, gender, contact details ("business data");
• Name, username, passwords ("account login data");
• Personal data of employees and other contacts of customers, billing details ("customer data");
• Event registrations and participation, user behavior, service requests, downloads ("marketing data");
• Communication data, documents and materials exchanged in the course of conducting customer business ("conduct data");
• CVs, cover letters and other data exchanged in connection with a job application to Software AG ("applicant data");
• Passports or other identification documents, date of birth ("verification data").

Special categories of personal data, such as health data, trade union membership, religious affiliation, will only be processed if required by law or if you have given your consent. 

3. For which purposes do we process data and on what legal basis?
Software AG processes personal data for the following purposes and on the following legal bases:

In order to provide services, equipment, business, account login, customer data are necessary to fulfil the contracts concluded with the customers. The legal basis in this case are the legitimate interests of Software AG.

In order to perform internal business processes as well as customer and supplier management, business, account login and customer data are required in order to fulfil the contracts concluded with the customers/suppliers. The legal basis in this case are the legitimate interests of Software AG.

Marketing, business, account login and device data are processed to provide information about interesting events, products and services, technical and commercial news, customer conferences, forums, portals, other networking opportunities and to be able to answer your requests to us. The legal basis in this case are the legitimate interests of Software AG. In some countries, your prior consent to marketing activities is required and will be requested in the appropriate way.

Making the Software AG's websites as user-friendly as possible in order to offer and provide products and services that meet your needs requires device data. The legal basis in this case are the legitimate interests of Software AG or your consent.

For the secure and stable use of the websites, business, account login and execution data is required in order to be able to detect illegal behavior timely. The legal basis in this case are the legitimate interests of Software AG.

To comply with legal requirements, business, verification, account login, execution and device data are needed to comply with Software AG’s legal obligations.

For applicant management, applicant and verification data is required in order to fill vacancies at Software AG. On the one hand, this is necessary to establish an employment relationship and is also within in the legitimate interests of Software AG. On the other hand, we process this data to comply with legal obligations of Software AG.

In order to enable you to use our portals and forums, account login data is required to perform the services of the portals and forums. The legal basis in this case are the legitimate interests of Software AG.

In order to be able to publish your contributions in the forums of Software AG, account login data is required, which is within the legitimate interests of Software AG or based on your consent. Furthermore, device data is used so that Software AG can defend itself against possible publication of illegal content against liability claims.

4. How does Software AG process your personal data by using cookies?
Through the use of cookies and related technologies ("cookies"), we process data, which may include personal data, for advertising and analysis purposes, to tailor our website to your interests, to display or send you information about us where necessary with your consent, and to keep you informed about our products and services that may be of interest to you. We also use cookies to understand how our services are used so that we can improve them. For example, we use cookies for analytics and diagnostic purposes to improve our products and services, and to measure and analyze the use and performance of our services. Based on this technology, we may receive evaluations from our service providers, which may include personal data - if you have given your consent – or aggregated data. Aggregated data cannot be used to draw any conclusions about your person.

Below you will find general descriptions of the types of cookies used on our websites, including the purposes and legal basis.

Required cookies
Necessary cookies enable navigation and basic functions of the websites, e.g. access to protected areas of the websites. The legal basis for processing information using necessary cookies is our legitimate interest.

Functional cookies
Functional cookies allow us to analyze your use of the website and your defaults on the website (for example, your login name, language or region) so that we can remember these preferences and provide you with a more personalized experience on our websites. These cookies may also be used to remember settings such as font size, font type and other configurations you have made on the websites. The legal basis for processing information through functional cookies is your consent.

Advertising cookies
In some cases, we use third party vendors to track and analyze data about the usage and volume of content used by users of our websites. This may result in cookies being set by the service providers to track the performance of our advertising. In addition, we have agreements with advertising networks. These advertising networks may track your online activity and navigation over time and across multiple websites or other online services by setting cookies. This may result in data about you being processed across multiple browsing devices, such as your PC or laptop, smartphone or tablet. Our third-party service providers use this information to serve advertisements for products and services based on your personal interests. This may result in advertisements being displayed on each of your browsing devices. The advertising cookies and related services help us analyze and monitor the effectiveness of our marketing activities. The legal basis for the processing of information through advertising cookies is your consent.

Cookie settings
You can choose how we use functional and advertising cookies by changing the cookie settings. In order to do so, please go to “Cookie Preferences” on the bottom of this page. In addition, you can control and restrict the placement of cookies through browser settings. In this context, you can also delete existing cookies. However, this may lead to a restriction of the functionalities of our websites. Required cookies are set automatically and cannot be deselected, as otherwise the website would not function properly.

5. To which recipients do we transfer your data and what happens in case of transfer outside the EEA?
Software AG shares personal data with other Software AG companies and service providers. All recipients only receive personal data from Software AG that is required for the performance of the commissioned service or fulfilment of the respective required purpose. Therefore, personal data will only be transferred to:

• Affiliates of Software AG, to the extent that the transfer is necessary to process your communication and enquiries that you have requested via our website or other means of communication;
• Service providers in countries where Software AG operates with its Affiliates, to the extent the transfer is necessary to provide IT, system administration and hosting, analytics, marketing and customer purchase management services in accordance with the purposes set out above;
• Software AG’s customers who provide you with access to Software AG’s cloud products and services, to the extent the transfer is necessary to resolve suspicious account activity or contract terms;
• Third parties who host or operate the forums/portal, events and other functions. In some countries, your prior consent is required for marketing activities, which you will be asked to provide in the appropriate way. Details can be found there; 
• To consultants in countries where Software AG operates with its Affiliates, where the transfer is necessary to meet Software AG’s legitimate interests or to comply with legal requirements; 
• To all users of our forums and chat groups, to the extent that it relates to posts and comments submitted by you;
• In cases where Software AG is legally obliged to do so or where there is a legally binding judgement, as well as in cases where Software AG enforces rights or defends itself against claims.

All service providers used are contractually obliged to process personal data only on Software AG's instructions. The service providers do not use personal data for their own purposes.

The transfer of personal data to recipients located in a country outside the EU/EEA for which the EU Commission has not issued an adequacy decision is carried out in accordance with GDPR Article 44, e.g., based on EU Standard Contractual Clauses.

6. How long do we store your data? 
Software AG anonymizes or deletes personal data as soon as it is no longer required for purposes set out above unless Software AG is legally required to retain it. A different storage period may apply in connection with legal claims that could be made against Software AG. In this case, the data will be deleted after the relevant periods have expired or the relevant process has been completed.

If you wish to receive notifications about products, services or events, Software AG will store the relevant information until you unsubscribe.

If you sign up for an account on the forums and portals of Software AG, the data you enter will be stored for as long as you are registered. If you leave a public post in the forums, Software AG stores your IP address for up to 14 days. We also store public posts, comments, friendships, private messages etc. until your account is deleted. However, your public posts remain visible to all readers in this case. Your account will no longer be accessible and will be labelled as "Guest".

If you contact Software AG via the contact form, your data will be stored until it is no longer required for the fulfillment of the respective purpose, or until you request Software AG to delete it, or until you revoke your consent.

In connection with legal claims that could be made against Software AG, the storage period may be different. In this case, the deletion will take place after the hereby related time limits have expired or the hereby related process has ended.

7. To whom can you address your right to object to processing of personal data?
An objection may be lodged at any time against processing that is carried out on the basis of legitimate interest. The processing will be terminated unless it serves compelling interests worthy of protection that outweigh those of the data subject. To lodge such an objection, please contact the Data Protection Officer of Software AG as addressed above.

8. What other rights do you have?
Data subjects may contact Software AG's Data Protection Officer at any time and free of charge in order to exercise their rights as follows:

• to request information about personal data processed by Software AG;
• to request the rectification of inaccurate or incomplete personal data held by Software AG;
• to request the erasure of their personal data stored by Software AG, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defense of legal claims;
• to request the restriction of the processing of their personal data if they contest the accuracy of the data;
• obtaining your personal data provided to Software AG in a structured, common and machine-readable format or transferring it to another responsible party;
• revoke your consent to Software AG at any time, this means that Software AG may no longer process the data based on this consent;
• lodge a complaint with a supervisory authority. For more details, see section 11 below.

9. Who can you contact if Software AG processes your personal data on behalf of a customer?
Your data could be processed as part of the cloud products and services that Software AG provides to customers. The customer is responsible for ensuring the continued protection of your data processed in the cloud products and services.

Software AG may only provide information about the processed data in accordance with the customer’s instructions. Therefore, you should address your enquiries to the customer directly.

10. What additional foreign regulations apply?
For California, South Africa and Brazil residents, the respective local privacy notices apply in addition to this Privacy Notice.

• Brazil
• USA
• South-Africa

11. To whom do you address your complaint?
Data subjects have a right of appeal to the data protection supervisory authorities pursuant to GDPR Article 77. The supervisory authority responsible for Software AG is the Hessian Commissioner for Data Protection and Freedom of Information, which may be reached at:

Hessian Commissioner for Data Protection and Freedom of Information
PO Box 3163
65021 Wiesbaden
Germany
Telephone: +49 611 1408 – 0