March 16, 2018
Data Controller in accordance with the data protection laws for the e-commerce platform available at www.testbench.com (the “Platform“) is imbus AG, Kleinseebacher Straße 9, 91096 Möhrendorf, GERMANY (“imbus“).
For ordering imbus’ services – in particular TestBench Cloud Service as a Service – registration for an account on the Platform is required and then the internet user will be redirected to the website and online shop of Avangate B.V., 93 De Cuserstraat, 1081CN Amsterdam , The Netherlands (“Avangate”). Avangate is the non-exclusive merchant-of-record of imbus and as such entitled for the distribution of imbus’ services. Avangate will be responsible for all order processing, payment processing, collection of applicable taxes and related matters. Avangate therefore provides, hosts and is solely responsible for the online shop, where orders and payments are processed and the necessary data, in particular payment data, are collected by Avangate. Avangate’s online shop is integrated via an Application Program Interface ("API") into the Platform.
2. Protocol Data of the Internet-Browser
For technical reasons, the internet browser utilized by the internet user automatically transmits the following protocol data to imbus’ webserver when accessing the Platform.
- Access date
- Access time
- URL of the referring website
- URLs of other imbus websites, accessed by the internet user
- Requested file
- IP address.
imbus stores these protocol data separately from other data collected in connection with the use of this Platform. The protocol data is stored and used by imbus for providing technical security for the Platform and is then deleted (see 8.).
3. Registration for an Account on the Platform
Visiting the Platform is possible without registration. However, in order to be able to make full use of the content on and functionality of the Platform (in particular shopping cart and order history functionality), registration for an account is required.
After internet user’s registration on the Platform, imbus will set up an account. imbus collects the following data categories (registration data) during the registration process for setting up the account:
- Company’s VAT-ID
- Company Tenant
- Email address
imbus processes the registration data in order to provide the content and functionality of the Platform requested by the internet user.
4. Shopping Cart and Order History Functionality of the Platform
For ordering imbus’ services – in particular TestBench Cloud Services – the internet user places corresponding item(s) of his or her choice into the shopping cart of the Platform and clicks “buy now”. The registration data (see 3.) and the information about the item(s) in the shopping cart will then be transferred from imbus to Avangate, where the transaction is executed and finalized (see 1.).
In order to provide the order history functionality on the Platform, imbus receives the following data categories about internet user’s orders from Avangate:
- Order number
- Licence type and name
- Licence price and taxes
- Licence status (active, inactive)
- Licence payed at date
- Licence valid until date
- Link to Avangate “myAccount”
5. Information about TestBench Cloud Services by Email
After registration for an account and subscription for a trial period or fee-based subscription period imbus will send status information about the status of the subscription (in particular reminder when trial period ends or the fee-based subscription expires) by email to the email address entered by the internet user in the profile at www.testbench.com/en-us/login. Such information is sent from time to time until the trial period ends or the status of the fee-based subscriptions has changed or is going to change.
If the internet user has provided an explicit consent (opt-in) in receiving additional information about TestBench Cloud Services by email, imbus processes the username and email address which the internet user has entered during registration (see 3.) and optional the internet user’s name (if entered by the internet user in in the profile) to provide such personalized emails to the internet user’s email address on a regular basis. The internet user can withdrawal the consent at any time for the future by either following the link provided in each such email or by unsubscribing in the internet user’s profile at www.testbench.com/en-us/login.
6. Contact form
With the contact form, imbus collects the following data categories of the internet user:
- Email address
imbus processes this data in order to handle and reply to the request for contact.
7.1 General Information
For the purposes of advertising, market research and the design of the software tailored to the market needs, imbus collects usage data about the use of the Platform by utilizing Cookies.
Cookies are small text files which are allocated to the internet user’s browser and stored on the internet user’s hard disk and which transmit certain information to imbus. Cookies cannot run programs or transmit viruses to the internet user’s device. Their purpose is to render internet services more effective and more user friendly. The Platform uses session cookies and persistent cookies. Session cookies are automatically erased, when the internet user shuts the browser. Such cookies store a so-called session-ID, in order to be able to allocate various requests of the browser to one specific session. As a result, the internet user’s device is recognized, if the internet user returns to the Platform. Session cookies are erased, if the internet user shuts the browser or logs out from his or her profile. Persistent Cookies are automatically deleted after a specific period, which may vary for each specific cookie. The internet user can deleted cookies any time in the security settings of his or her browser.
imbus collects internet user’s data with the use of pseudonyms. A character or digit string is generated as a pseudonym when the cookie is first placed.
From the collected usage data, imbus creates usage profiles. These usage profiles are created in pseudonymous form and are not combined with registration data (see 3. above) or the internet browser’s protocol data (see 2. above).
For the internet user’s right of objection against pseudonymous usage profiles, see 7.3.
7.2 Use of Third Party Service Provider (Piwik)
The Platform uses the web analysis tool Piwik in order to analyse the use of the Platform and to continually optimize the Platform. With the obtained statistics imbus can optimize the Platform and make it more interesting for the internet users. For this purpose cookies are stored on the internet user’s device. imbus stores the collected data on their servers in Germany .
The Platform uses Piwik with the function „AnonymizeIP “ and thus processing only shortened IP addresses. Direct identification is not possible. The IP address transmitted from the the browser via Piwik is not stored with other data collected by imbus.
The program Piwik is an open source project. Information regarding data protection at Piwik is available under http://piwik.org/privacy/policy.
7.3 Internet User’s Right to Object
The internet user can object to the creation of pseudonymous user profiles.
The internet user can deactivate cookie storage in his or her browser, limit it to certain websites or change the browser settings so he or she is notified, when a cookie is sent. The Internet user can delete cookies from his or her device’s hard disk at any time.
The internet user can stop the web analysis of the internet user’s data by erasing existing cookies and by preventing the storage of cookies on his or her device. Internet users can prevent the use of Piwik by unchecking the follwing checkbox and thus activating the opt-out plugin at the bottom of this site.
8. Right to Information, Correction, Erasure and Blocking of Data and Standard Retention Periods
Requests for information and for the correction, erasure and blocking of personal data are to be sent by e-mail or by post mail to:
Kleinseebacher Straße 9
In general, imbus erases the internet user’s personal data when this data is no longer necessary for the purposes for which the data is collected. Further processing of this data requires that legitimate interests pursued by imbus exist and are not overridden by the interests or fundamental rights and freedoms of the internet user. In particular, imbus erases incorrect data. Instead of erasure imbus blocks data as far as permitted or prescribed by law.
imbus has implemented erasure routines and observes the following standard retention periods:
- For data pursuant to 2. (see above): 7 days.
- For registration data, order history data and contact form data (see 3., 4. and 5.): 30 days after the internet user has deleted the account, unless the account cannot be deleted because one or more affected subscriptions are not yet expired.
- Pseudonymous Usage Profiles (see 7.) are anonymized by imbus.
9. Contact Information Data Protection Officer of imbus
Questions, requests and suggestions of the internet user regarding data protection on this Platform can be addressed to: