Data Protection Policy

This Privacy Policy informs you about the type, scope, and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the associated websites, functions, and content as well as external online presences, such as our social media profiles (hereinafter collectively referred to as “online offering”). Regarding the terminology used, such as “processing” or “controller”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

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Responsible Party

Applicative Systems GmbH
Steinweg 29a
38100 Braunschweig

Email: hello@applicative.systems

Types of Data Processed

Usage data (visited websites, interest in content, access times)
Communication data (device information, IP addresses)

Purpose of Processing

Provision of the online offering, its functions, and content
Responding to contact requests and communicating with users
Security measures
Reach measurement/Marketing

Legal Basis

In accordance with Article 13 GDPR, we inform you of the legal basis of our data processing. Generally, your consent is the basis for storing data. However, under certain technically mandatory conditions, data can be stored without your explicit consent. In these cases, the following applies: The legal basis for obtaining consent is Article 6(1)(a) and Article 7 GDPR, the legal basis for processing for the performance of our services and execution of contractual measures as well as responding to inquiries is Article 6(1)(b) GDPR, the legal basis for processing to fulfill our legal obligations is Article 6(1)(c) GDPR, and the legal basis for processing to protect our legitimate interests is Article 6(1)(f) GDPR. In cases where vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) GDPR serves as the legal basis.

Security Measures

We take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk, in accordance with Article 32 GDPR, taking into account the state of the art, implementation costs, and the nature, scope, context, and purposes of the processing as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons.

Measures include, in particular, securing the confidentiality, integrity, and availability of data by controlling physical access to the data as well as access, input, transmission, ensuring availability, and separation of the data. We also have procedures in place that ensure the exercise of data subject rights, the deletion of data, and responses to data endangerment. Furthermore, we consider the protection of personal data already in the development or selection of hardware, software, and procedures, according to the principle of data protection through technology design and through privacy-friendly default settings (Article 25 GDPR).

Cooperation with Processors and Third Parties

If we disclose data to other persons and companies (processors or third parties) within the scope of our processing, transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g., if a transmission of the data to third parties, such as payment service providers, is necessary for the performance of a contract pursuant to Article 6(1)(b) GDPR), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g., when using agents, web hosts, etc.).

If we commission third parties to process data on the basis of a so-called “processing contract”, this is done on the basis of Article 28 GDPR.

Transfers to Third Countries

If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of the use of third-party services or disclosure, or transmission of data to third parties, this will only be done if it is necessary to fulfill our (pre)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the data to be processed in a third country only in the presence of the special conditions of Articles 44 et seq. GDPR. This means that the processing takes place, for example, on the basis of specific guarantees, such as the officially recognized determination of a level of data protection equivalent to that of the EU (e.g., for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

Your Rights

You have the right to request confirmation as to whether data concerning you is being processed and to information about this data as well as to further information and a copy of the data in accordance with Article 15 GDPR.

You have the right to request the completion of data concerning you or the correction of inaccurate data concerning you in accordance with Article 16 GDPR.

You have the right to request that data concerning you be deleted immediately in accordance with Article 17 GDPR, or alternatively, to request a restriction of the processing of the data in accordance with Article 18 GDPR.

You have the right to request that the data concerning you, which you have provided to us, be received and transmitted to other controllers in accordance with Article 20 GDPR.

You also have the right to lodge a complaint with the competent supervisory authority in accordance with Article 77 GDPR. The competent authority is the State Commissioner for Data Protection Lower Saxony.

Right of Withdrawal

You have the right to revoke consents granted in accordance with Article 7(3) GDPR with effect for the future.

Right to Object

You can object to the future processing of data concerning you at any time in accordance with Article 21 GDPR. The objection can be made in particular against processing for direct marketing purposes.

Deletion of Data

The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 GDPR. Unless explicitly stated in this Privacy Policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose, and there are no legal retention obligations to prevent deletion. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.

Contacting Us

When contacting us (e.g., via contact form, email, phone, or social media), the user’s details are processed to handle the contact request and its processing in accordance with Article 6(1)(b) GDPR. The user’s details may be stored in a Customer Relationship Management System (CRM System) or a similar request organization.

We delete the requests if they are no longer necessary. We review the necessity every two years; the statutory archiving obligations also apply.

Hosting

Our hosting provider collects the following data in so-called log files, which your browser transmits:

IP address, the address of the previously visited website (referrer request header), date and time of the request, time zone difference to Greenwich Mean Time, content of the request, HTTP status code, transferred data volume, website from which the request comes, and information about browser and operating system.

This is necessary to display our website and ensure stability and security. This corresponds to our legitimate interest in the sense of Article 6(1)(f) GDPR.

There is no tracking, and we do not have direct access to this data, but only receive an anonymized, statistical summary. This includes the address of the previously visited page, the frequency of each page visited, and the number of unique visitors. We do not merge this data with other data.

We use the following hosting provider for providing our website:

GitHub Inc.
88 Colin P Kelly Jr St
San Francisco, CA 94107
United States

They are the recipient of your personal data. This corresponds to our legitimate interest in the sense of Article 6(1)(f) GDPR, not having to maintain a server in our premises. The server location is the USA.

Further information on objections and removal options against GitHub can be found at: https://docs.github.com/en/free-pro-team@latest/github/site-policy/github-privacy-statement#github-pages

You have the right to object to the processing. Whether the objection is successful is to be determined as part of a balancing of interests.

The data will be deleted as soon as the purpose of the processing ceases to apply.

The processing of the data mentioned in this section is neither legally nor contractually required. The functionality of the website is not guaranteed without the processing.

GitHub has implemented compliance measures for international data transfers. These apply to all worldwide activities in which GitHub processes personal data of individuals in the EU. These measures are based on the EU Standard Contractual Clauses (SCCs). More information can be found at: https://docs.github.com/en/free-pro-team@latest/github/site-policy/github-data-protection-addendum#attachment-1—the-standard-contractual-clauses-processors

Integration of Third-Party Services and Content

We use content or service offers from third-party providers within our online offering on the basis of our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering in the sense of Article 6(1)(f) GDPR) to integrate their content and services, such as videos (hereinafter uniformly referred to as “content”).

This always requires that the third-party providers of this content perceive the IP address of the users, as they could not send the content to their browser without the IP address. The IP address is therefore necessary for the presentation of this content. We strive to use only such content whose respective providers use the IP address solely for the delivery of the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information, such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user’s device and may contain, among other things, technical information about the browser and operating system, referring websites, visit time, and further details about the use of our online offering, as well as be combined with such information from other sources.

We maintain online presences within social networks and platforms to communicate with the customers, interested parties, and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and the data processing policies of their respective operators apply.

Unless otherwise stated in our Privacy Policy, we process the data of users if they communicate with us within the social networks and platforms, e.g., write posts on our online presences or send us messages.

These presences include in particular the following: Twitter/X

Matomo

With your consent, we use the open-source software Matomo to analyze and statistically evaluate the use of the website. Cookies are used for this purpose. The information obtained about website usage is transmitted exclusively to our servers and compiled in pseudonymous usage profiles. We use the data to evaluate the use of the website. No data is passed on to third parties.

IP addresses are anonymized (IP masking) so that an assignment to individual users is not possible.

The data processing takes place only after your consent and on the basis of Article 6(1)(a) GDPR. We pursue our legitimate interest in optimizing our website for our external presentation.

You can revoke your consent at any time by deleting the cookies in your browser or changing your privacy settings.

If you do not click on “Allow Cookies” on the displayed cookie banner, the Matomo function will not be loaded. This means no data from you will be processed in Matomo, and no web analysis cookies will be stored on your system by us.

Shopify

We use the shop system of the service provider:

Shopify International Ltd.
Attn: Data Protection Officer
c/o Intertrust Ireland
2nd Floor 1-2 Victoria Buildings
Haddington Road
Dublin 4, D04 XN32
Ireland

The data of visitors who visit our online shop at shop.nixcademy.com are collected for the purposes of hosting and displaying the online shop based on processing on our behalf. These data are processed on Shopify servers in the EU. As part of the aforementioned services, data may also be transferred to Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada, and to Shopify Data Processing (USA) Inc., Shopify Payments (USA) Inc., or Shopify (USA) Inc. for further processing on behalf of us. When transferring data to Shopify Inc. in Canada, an adequate level of data protection is ensured by the adequacy decision of the European Commission.

Further information on Shopify’s privacy policy can be found at: https://www.shopify.com/legal/privacy

Embedding Videos from YouTube

This website includes at least one plugin from YouTube, a company belonging to Google Inc., based in San Bruno, California, USA.

We use the YouTube No-Cookies function, meaning we have enabled enhanced privacy mode, and videos are not called via youtube.com but via youtube-nocookie.com.

YouTube itself provides this and ensures that YouTube does not initially store cookies on your device. When accessing the relevant pages, however, the previously mentioned communication data and usage data are transmitted and partly communicated which of our websites you have visited. However, this information cannot be assigned to you if you are logged in to YouTube or another Google service when the page is called.

As soon as you start the playback of an embedded video by clicking on it, YouTube stores only cookies that do not contain personally identifiable data on your device unless you are currently logged in to a Google service. These cookies can be prevented by appropriate browser settings and extensions. According to YouTube, they are used, among other things, to collect video statistics, improve user-friendliness, and prevent abusive actions.

Regardless of a playback of the embedded videos, a connection to the Google network “DoubleClick” is established with each visit to this website, which can trigger further data processing operations without our influence.

Google/YouTube:

Google Ireland Limited
Gordon House
Barrow Street
Dublin 4
Ireland

Further information on YouTube’s data protection can be found in the provider’s privacy policy at: https://www.google.com/policies/privacy/

Appointment Scheduling with Calendly

We offer buttons for easy appointment scheduling. When clicked, you will be redirected to the external website of the tool Calendly. The use of Calendly is to improve our service for existing and new customers. This constitutes a legitimate interest within the meaning of Article 6(1)(f) GDPR.

When scheduling appointments, Calendly collects personal data such as name, email address, and phone number, as well as the date and optionally a description of your concern. By integrating this service externally, this data is not stored or queried through your visit to our website. This happens only if you click on the corresponding buttons.

Calendly’s privacy policy can be found at: https://calendly.com/pages/privacy

“Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie primarily serves to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. “Third-party cookies” are cookies that are offered by providers other than the controller operating the online offering (otherwise, if it is only their cookies, they are referred to as “first-party cookies”).

A general objection to the use of cookies used for online marketing purposes can be declared for many of the services, especially in the case of tracking, via the US site https://www.aboutads.info/choices/ or the EU site https://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by disabling them in the settings of the browser. Please note that not all functions of this online offering may be used in that case.

The following cookies may be set when visiting this website:

cc_cookie:

If no cookies have yet been stored by this site on your system, the cookie banner will be displayed at the bottom of the page. If you click on “Allow Cookies,” this cookie will save your permission. Consequently, the Matomo service on this site will be activated. If you click on “Only necessary cookies,” the information that you do not allow further cookies will be saved. This selection banner will not be displayed to you on future visits. This cookie remains stored even after leaving this website but will be automatically deleted after 6 months without further action on your part.

_pk_ses.*, _pk_id.*, and mtm_cookie_consent:

These three cookies are set only if you have consented to the storage of cookies for market research purposes. They contain an anonymized ID that allows the Matomo service to determine if you are a returning visitor.

This type of information helps us identify which content is of interest to provide the right value to our visitors in the future.

Some page content embeds videos that are technically offered via YouTube. Only if you play these videos will YouTube store cookies in your browser. YouTube sets its own cookies, which can change over time and are beyond our control.

You can delete all cookies at any time with your browser. Many browsers also offer the functionality to not accept cookies in general, not accept cookies on certain sites or from certain services, or delete cookies when the browser is closed. However, this depends on the browser used and is explained in the browser’s manual.

Excluding cookies may lead to functional restrictions of this online offering.