Privacy notice for the use of HubSpot

Privacy notice of Sharp Electronics GmbH
Last updated: March 2022

 

1: Introduction

We take privacy very seriously at Sharp Electronics GmbH (‘we’, ‘us’, ‘Sharp’). This privacy policy presents us as a data controller, explains what data we collect on our website, how and why we record this data and sets out your rights of control over this data.
As a responsible company, we have implemented extensive technical and organizational measures to ensure maximum protection of the personal data (e.g. name, address, e-mail address, telephone number) processed via this website in order to comply with the General Data Protection Regulation (“GDPR”) and the relevant national data protection laws. However, security loopholes are possible when transferring data over the internet, which means absolute security cannot be guaranteed. Hence all persons affected have the right to communicate personal data with us using alternative channels, e.g. by phone.

Section A) Sharp as data controller

Section B) How and why we process your data

Section C) Your rights with respect to the data

Section A) Sharp as data controller

2. Name and address of the data controller

Data controller for the processing of your personal data in line with the contractual relationship and with respect to the use of the CRM from provider HubSpot, Inc.:
Sharp Electronics GmbH, Nagelsweg 33-35, 20097 Hamburg, Germany
Telephone: +49-(0)40-2376-0
e-mail: datenschutz.seg@sharp.eu
Data controller for the processing of personal data via the website https://www.hubspot.de/:
HubSpot, Inc., 25 First Street, Cambridge, MA 02141 USA
e-mail: hubspotgermany@hubspot.com
Telephone: +1 888 HUBSPOT. (+1 888 482 7768)
Please do not hesitate to contact us if you have any questions about Sharp’s use of your personal data.

 

2.1 Contact for data protection issues

Should you have any queries about data protection, please contact:
e-mail: dschott@intersoft-consulting.de

Section B) How and why we process your data

3. Recording of personal data in HubSpot CRM

We record personal data if you purchase products or services from us, contact us directly or visit our website www.sharp.eu or sub webpages.

The following data is recorded din our HubSpot CRM:


Contract data: All data recorded in conjunction with the establishment, execution and termination of the contract


Core personal data/contact data: Information which allows us to contact you, for example name, e-mail address, telephone number and addresses linked to your account, your order or your inquiry.


Newsletter subscription and advertising objections
Data related to your inquiries or complaints

4. Cookies on HubSpot.com

The website www.hubspot.com uses ‘cookies’ and similar technologies to provide services and record information. Cookies are text files which are saved on a computer system via an Internet browser.


Many websites and servers use cookies. They contain what are known as cookie IDs, which are unique cookie identifiers. It consists of a series of characters by which websites and servers can be assigned to the specific Internet browser in which the cookie is saved. This allows the websites and servers visited to distinguish the user’s individual browser from other internet browsers containing different cookies. A specific Internet browser can be recognized and identified by means of the unique cookie ID.


The use of cookies allowed HubSpot to provide relevant services and content, analyze the performance of the website and track user behavior in order to adapt the website accordingly.


The following pages contain detailed information: on the cookies used on hubspot.com and their relevant purposes.


https://knowledge.hubspot.com/reports/what-cookies-does-hubspot-set-in-a-visitor-s-browser

You can find more information on our use of cookies on our website and on how you can manage your cookie settings in our Cookie Policy 

You can decide whether to accept cookies from HubSpot or not. You can change your cookie settings by clicking on the opt-out links in the cookie policy.

5. Contacting us by e-mail or contact form

If you contact us by e-mail or using a contact form on our website www.sharp.eu, the data you provide (your e-mail address, your name and telephone number if applicable) is saved by us in order to respond to your query. If we ask for information via our contact form which is not required for us to make contact, it is always marked as optional. This information adds detail to your inquiry and helps us to process it better. This information is provided entirely on a voluntary basis and with your consent, Art. 6, Section 1, Clause 1, letter a GDPR. If this is information on communication channels (e.g. e-mail address, telephone number), you also consent to us contacting you via these communication channels in order to respond to your inquiry. You can, of course, withdraw this consent with effect for the future at any time. This does not affect the legality of the data processing prior to the withdrawal of consent. If your inquiry relates to a contractual relationship, the legal basis for data processing is Art. 6, Section 1, Clause 1, letter b GDPR.


When we no longer need to save it, data collected for this purpose is either deleted or, if there are statutory storage obligations, its processing is restricted.

6. Legal basis for processing

When recording personal data, we restrict ourselves to the data necessary for the fulfillment of statutory and business obligations and the provision of services. In certain cases, the provision of personal information is required by law (e.g. Based on tax legislation) or for the fulfillment of contractual obligations. Failure to provide personal information would mean that a contract could not be concluded with or a service could not be provided for the person in question.


The following are described below:

  • The purposes for which we record personal data,
  • The categories of personal data we process for these purposes,
  • The legal bases which allow us to process personal data, and
  • The periods for which we retain personal data.

Purpose of processing

Categories of data processed

Legal basis for processing

Period of data retention

To provide our services

Core personal data, contact data, contract data, payment details, personal data provided by customers for this purpose.

Fulfillment of the contract concluded between us, Art. 6, para. 1, clause 1, b GDPR.

As long as you are a customer

Delivery of products you have ordered

Contact details

Fulfillment of the contract concluded between us, Art. 6, para. 1, clause 1, b GDPR.

As long as you are a customer

Responding to inquiries or complaints

All personal data provided by you

Fulfillment of the contract concluded between us Art.6 para.1 clause.1 b GDPR; Consent, Art.6 para.1 clause.1 a GDPR

Until the conclusion of your inquiry

Conclusion of agreements and business correspondence

All the information provided by you as a representative of our customer

Fulfillment of the contract concluded between us or a related contractual relationship, Art. 6, para. 1, clause 1, b GDPR.

6 years after the termination of a contractual relationship or 15 years if you have extended the guarantee.

Invoicing, producing quotations

All the information provided by you as a representative of our customer

Fulfillment of the contract concluded between us or a related contractual relationship, Art. 6, para. 1, clause 1, b GDPR.

10 years after the termination of a contractual relationship or 15 years if you have extended the guarantee.

Maintaining and developing the customer relationship (CRM)

All the information provided by you as a representative of our customer

Fulfillment of the contract concluded between us or a related contractual relationship, Art. 6, para. 1, clause 1, b GDPR, justified interest Art. 6, para. 1, clause 1 f GDPR (where applicable, in conjunction with Section 7, para. 3 Unfair Competition Act).

As a customer: 6 years after the termination of a contractual relationship or 15 years if you have extended the guarantee.

 

As a prospect: Until you object to the processing of your data

7. How we share your data

We share your personal data with the following groups of recipients:


Staff: Our staff has access to your personal data where it is necessary for the tasks in question.


Companies within the same group: In order to provide services for you.


Partners and dealers: In order to answer your queries about products and services which are not supplied or provided directly by Sharp.


Couriers: In order to deliver the products, you have ordered from us.

With the above exception, we do not disclose any personal data. We may provide statistical information and analyses to third parties, but we ensure that this information is aggregated, and nobody can be identified based on this information before we disclose it.


External service-providers: Sharp uses external service providers in order to, for example, provide the information technology and other administrative support services for the running of the website.


Criminal investigation and regulation authorities: If and to the extent that we are legally obligated to disclose and forward your personal information.

8. Changes of ownership and company control

We can transfer, sell or cede all the information set out in this privacy notice to third parties if this is as a result of a sale, a merger, the formation of a group, a change of ownership, a transfer of assets or a restructuring. If we are involved in a merger, a purchase or a sale, we will always process your data in accordance with your rights and freedoms and in line with the non-disclosure agreements in place between the parties.

9. Transfer of personal data

The information collected by HubSpot is saved on HubSpot Inc. servers in the EU. However, access from or processing in the USA cannot be ruled out. Therefore, in accordance with the standard contractual clauses defined by the EU Commission, HubSpot is subject to the requirements of European data protection laws, and the relevant privacy notice can be access on the website of the third-party provider: http://legal.hubspot.com/de/dpa.

In order to guarantee the security of your personal data, we will only transfer your information to [a country] outside the EUR or the EEA if it is in compliance with GDPR. This means that one of the following conditions must be fulfilled:

  • The European Commission has decided that this country has an adequate level of security for your personal data (adequacy decision),
  • The transfer is subject to a legally binding, enforceable obligation to protect the personal data on the part of the recipient.
  • The transfer is subject to binding corporate rules, or
  • The transfer is based on the standard contractual clauses of the EU Commission or additional security measures where applicable or
  • The transfer is based on another exception to GDPR restrictions on the transfer of personal data outside the EU.

The table below contains an overview of the most important transfers of personal data carried out by us to countries outside the EU or the EEA. Please contact us using the contact details quoted in Section 2 for a complete list of transfers or a copy of the binding and enforceable obligations that we rely on for the secure transfer of your personal data.

Third parties/order processors/group company

Categories of personal data transferred

Purpose of transfer

Location of third party

Conditions for transfer

IT service providers

Personal data on customers and prospects

Provision of a Software-as-a-Service (SaaS) solution

United States of America

Standard contractual clauses for the EU Commission and proven security guarantees (e.g. certification based on internationally recognized standards, specialist technical and organizational measures)

 

Section C) Your rights with respect to the processing of your data

10. Rights of the data subject (“of you”)

In accordance with the GDPR, you have the following rights with respect to your personal data:


Right to be informed – means that you have the right to find out from us whether we are processing personal data about you and what personal data about you is stored (also known as the access right for the data subject). You have the opportunity to receive a copy of the personal data we have saved about you and to check that we are processing this data legally.

Right to rectification – means that you have the right to modify your data or rectify incomplete or incorrect data we have stored about you.


Right to erasure – means the option to be removed from our databases/systems providing the purpose of your inclusion is no longer valid and there is no other important reason for us to continue processing, you can withdraw your consent, we have saved your data illegally or we should delete your data in order to comply with the applicable data protection laws.


Right to restrict processing – means the option to restrict or cease the processing of specific personal data.


Right to data portability – means the option to transfer your data to another provider.

 

Right to object – means that, for reasons arising from your particular situation, you have the right to object at any time to the processing of your personal data in line with Article 6, Paragraph 1, letter e or f, the same applies to profiling based on these regulations. We will then no longer process the personal data, unless we can provide evidence of urgent proprietary reasons for the processing which outweigh your interests, rights and freedoms or the processing serves to exert or defend legal claims.

If personal data is processed in order to operate direct advertising, you have the right to object at any time to the processing of the personal data relating to you for the purposes of such advertising, this also applies to profiling where it relates to direct advertising of this kind.

If you object to processing for the purposes of direct advertising, then we will no longer process your personal data for this purpose.

Right to revoke – If your consent is the legal basis for the processing of your personal data, you can revoke your consent at any time with immediate effect. If you revoke your consent, the processing carried out by us based on your previous consent does not become illegal. You can revoke your consent by contacting us. See also section 2.

In order to exert one of the rights named here, please contact us by e-mail.

  • We will support you to the best of our ability in exerting your rights, although in some cases it may not be possible to exert your rights for legal reasons. We will then inform you accordingly.
  • All inquiries from you are processed immediately and always within one month. This period of time can be extended by two months as required based on the complexity and number of inquiries. You will be informed about an extension of this kind and the reasons for it within one month of receipt of your inquiry.
  • If we decide not to action your request, we will share with you the reasons for this decision.

Right to complain to the regulatory body: If you do not agree with a decision made by us about your inquiry relating to your rights or you believe that we have acted in contravention of the existing data protection laws, you can submit a complaint to a regulatory body in the EU. The regulatory body with responsibility for Sharp is:

Ludwig-Erhard-Str 22, 7th floor

20459 Hamburg

Tel.: 040 / 428 54 - 4040

Fax: 040 / 428 54 - 4000

e-mail: mailbox@datenschutz.hamburg.de

Web: https://datenschutz-hamburg.de/

  • You can find out how to assert your rights against HubSpot Inc. at

https://legal.hubspot.com/de/privacy-policy

11. Updates to this notice

We will update this privacy and cookie notice where required in order to communicate any changes to our processing of personal data on a transparent basis (e.g. if we introduce new systems or processes which require personal data to be used in new ways) or in order to explain the information contained in these guidelines. Any changes of this kind on our part will always be in line with statutory regulations.

We recommend that you check this guideline for updates from time to time, but we will also inform you proactively of any changes to this notice or to the way we use your personal data if we are legally obliged to do so.