Privacy Policy

May 2020

Contact Information

Responsible party

GAMS Software GmbH
Augustinusstrasse 11b
50226 Frechen


Which data do we collect and process?

Contractual data

We collect, process, and store your personal data when you request a quote, or place an order with GAMS. Furthermore we store and process data related to the status of your order and to payment processing.

Corespondence data

We store and process emails, fax, or postal notices you send us or we send you. Furthermore, we use Google Forms to ask you for information in certain instances, e.g. when signing up for an event organised by GAMS, or when requesting certain software.

Newsletter

MailChimp

This website uses the services of MailChimp to send newsletters. This service is provided by Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA.

MailChimp is a service which organizes and analyzes the distribution of newsletters. If you provide data (e.g. your email address) to subscribe to our newsletter, it will be stored on MailChimp servers in the USA.

MailChimp is certified under the EU-US Privacy Shield. The Privacy Shield is an agreement between the European Union (EU) and the US to ensure compliance with European privacy standards in the United States.

We use MailChimp to analyze our newsletter campaigns. When you open an email sent by MailChimp, a file included in the email (called a web beacon) connects to MailChimp’s servers in the United States. This allows us to determine if a newsletter message has been opened and which links you click on. In addition, technical information is collected (e.g. time of retrieval, IP address, browser type, and operating system). This information cannot be assigned to a specific recipient. It is used exclusively for the statistical analysis of our newsletter campaigns. The results of these analyses can be used to better tailor future newsletters to your interests.

If you do not want your usage of the newsletter to be analyzed by MailChimp, you will have to unsubscribe from the newsletter. For this purpose, we provide a link in every newsletter we send. You can also unsubscribe from the newsletter directly on the website.

Data processing is based on Art. 6 (1) (a) DSGVO. You may revoke your consent at any time by unsubscribing to the newsletter. The data processed before we receive your request may still be legally processed.

The data provided when registering for the newsletter will be used to distribute the newsletter until you cancel your subscription when said data will be deleted from our servers and those of MailChimp. Data we have stored for other purposes (e.g. email addresses for the members area) remains unaffected.

For details, see the MailChimp privacy policy at https://mailchimp.com/legal/terms/.

Server log files

Information about your use of this website is collected using server access logs. The format of these logs follows an industry standard called “Apache Combined Log-Format”.

The collected information consists of the following:

  • Anonymized client IP: The address from which you access the website. The last 12 bits of IP4 addresses, and the last 84 bits of IP6 addresses are randomized.
  • Timestamp: The time and day of you accessing our website
  • Request line: The path to the content your web browser is requesting. For example, when you load an image, the path might be “/products/image1.jpg”.
  • Status code: A 3-digit code that signifies whether your request was successfull (200), or resulted in an error (e.g. 404). The Internet Assigned Numbers Authority has defined a range of other status codes, which are useful for website operators when troubleshooting.
  • Referer: The website you visited before visiting www.gams.com
  • User Agent: The browser, browser version, and operating system you use to access our website

We use the information gathered to help us make our site more useful to visitors and to better understand how and when our site is used. We do not track or collect personally identifiable information or associate gathered data with any personally identifying information from other sources.

By using this website, you consent to the collection of this data in the manner and for the purpose described.

Social media

We include content provided by Twitter, and YouTube in our website. To increase your privacy, we only include this content as a static version. This means that Twitter and YouTube will not set any cookies on your computer, when you just visit our website, or otherwise track you. However, once you click on any links in content provided in this way, you will be using those services directly, and the privacy rules of those services will apply. To excecise your rights according to the GDPR, please contact the relevant services directly.

YouTube

Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA

Facebook

Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

LinkedIn

Twitter

Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA94104, USA.

Job applicant data

We process and store data you give us when you apply for a position at GAMS. This includes your name, address, phone numbers, email, and all other personal data that is in the documents you send us with your application.

Cookies

Our website does not use any tracking or advertising related cookies. The Miro gallery sets a necessary cookie to handle the interactive demos.


Lawfulness of data processing

We collect and process your data to perform the contract and to provide our services, to improve and adapt our services and our website to your needs, to provide updates and upgrades, to send you notifications regarding our services, to issue invoices, and to collect our claims.

Art. 6 I lit. (a) GDPR serves as a legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract, the processing is based on Art. 6 I lit. (b) GDPR. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services. If we are subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax obligations, processing is based on Art. 6 I lit. (c) GDPR.

Finally, processing operations could be based on Art. 6 I lit. (f) GDPR. Processing operations which are not covered by any of the above legal bases are based on this legal basis if the processing is necessary to safeguard our legitimate interests or those of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are allowed to carry out such processing operations in particular because they have been specifically mentioned by the European legislation. As a rule, a legitimate interest can be assumed if the data subject is a customer of the data controller.

If the processing of personal data is based on Art. 6 I lit. (f) GDPR, our legitimate interest is the performance of our business activities and the fulfilment of legal obligations, insofar as the processing does not fall under Art. 6 I lit. (c) GDPR.

We process applicant data in accordance with Art. 88 GDPR in conjunction with § 26 BDSG (new), the relevant German federal data protection act.

Categories of Recipients

Processors

We forward various personal data to our processors as data controllers in the context of a data processing contract . We have ensured the security of your data by entering into agreements for contract data processing. Our processors can be divided into the following categories:

  • Provision of services: These include newsletter dispatch, printing and dispatch of invoices, customer surveys, payment service providers

  • Operation of services, maintenance and servicing of hardware and software.

We only disclose data to authorities and third parties in accordance with legal regulations or a court order. Information to authorities can be given on the basis of a legal regulation to avert danger or for criminal prosecution. Third parties will only receive information if a statutory provision provides for this.

Data Processing in third countries

Google: We use Google’s services to store and process our email correspondence. We have entered a data processing agreement with Google for this purpose. Google LLC is certified under the EU-U.S. Privacy Shield framework.

Amazon: Our customer database is hosted on Amazon AWS systems. We have entered a data processing agreement with AWS. Amazon is registered under the EU-U.S. Privacy Shield framework.

Payrexx: For processing credit card payments we use the external payment provider Payrexx AG, Burgstrasse 18, CH-3600 Thun. No credit card information is stored on GAMS systems. Payrexx will process personal data to handle payments on behalf of GAMS. Further information can be found in the Payrexx privacy policy at https://www.payrexx.com/site/assets/files/3945/privacy_policy.pdf.

Paytrace: In addition to Payrexx, we also use Paytrace for credit card payment processing (mostly for our non-European customers). No credit card information is stored on GAMS systems. Paytrace is certified under the EU-U.S. Privacy Shield framework. Read more in the Paytrace Privacy Policy .

Mailchimp: Our newsletter service provider Mailchimp, operated by The Rocket Science Group LLC in the USA, is certified under the EU-U.S. Privacy Shield Framework.

GAMS Development Corp: When you sign up for services or digital content, your data is transferred to GAMS Development Corp. in order to create quotes or for contract fulfillment on the basis of Art. 6 (1) (b) GDPR.

Duration of Data Storage

We process and store personal data only for the period of time required to achieve the purpose of storage or if required by law:

For contract data, processing is restricted after termination of the contract, after the 10 year legal retention period in accordance with § 257 HGB and § 147 AO they are deleted.

Data that you enter as a job applicant during the recruitment process will be stored for a maximum of six months.

For customer correspondence, order and payment history, the statutory retention period of 6 years applies in accordance with § 257 HGB and § 147 AO.

Your Rights

Right of information and verification: You have the right to receive free information and confirmation of the personal data stored about you and a copy of this information at any time.

Right of rectification: You have the right to demand the immediate correction of incorrect personal data concerning you. You also have the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.

Right of cancellation: You have the right to obtain the immediate deletion of personal data relating to you if one of the following reasons applies and provided that the processing is not necessary:

  • the personal data have been collected or otherwise processed for purposes for which they are no longer necessary
  • You withdraw the consent on which the processing was based and there is no other legal basis for the processing.
  • You object to the processing in accordance with Article 21(1) of the GDPR and there are no overriding legitimate reasons for processing, or you object to the processing in accordance with Article 21(2) of the GDPR.
  • The personal data were processed unlawfully.
  • The deletion of the personal data is necessary to comply with a legal obligation under European Union law or the law of the Member States to which we are subject.
  • The personal data was collected in relation to information society services offered in accordance with Article 8 (1) of the GDPR.

Right to restrict processing: You have the right to request the restriction of the processing if one of the following conditions is met:

  • You contest the accuracy of the personal data, for a period of time that allows us to verify the accuracy of the personal data.
  • The processing is unlawful, you object to the deletion of the personal data and instead demand the restriction of the use of the personal data.
  • We no longer need the personal data for the purposes of the processing, but you need it to assert, exercise or defend legal claims.
  • You have lodged an objection to the processing in accordance with Art. 21 (1) GDPR and it is not yet clear whether our legitimate grounds outweigh yours.

Rights of objection to the processing: You have the right to object at any time to the processing of personal data concerning you that is carried out on the basis of Art. 6 I (e) or (f) GDPR. In the event of an objection, we will no longer process the personal data unless we can demonstrate compelling reasons for processing that are worthy of protection and outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims. You have the right to object at any time to the processing of personal data for the purpose of direct marketing.

Right to revoke consent under data protection law: You have the right to revoke your consent to the processing of personal data at any time.

Right of appeal to a regulatory authority: You have the right to appeal at any time to a regulatory authority in the Member State in which you are resident or working or in which the alleged infringement occurred, if you consider that the processing of personal data relating to you is contrary to the EU data protection regulation

Existence of automatic decision making / profiling

We do not carry out automatic decision making or profiling.

Google Web Fonts

For uniform representation of fonts, this page uses web fonts provided by Google. When you open a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly. For this purpose your browser has to establish a direct connection to Google servers. Google thus becomes aware that our web page was accessed via your IP address. The use of web fonts constitutes a justified interest pursuant to Art. 6 (1) (f) GDPR.

If your browser does not support web fonts, a standard font is used by your computer.

Further information about handling user data, can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy at https://www.google.com/policies/privacy/.