Privacy Policy

Welcome to the smartTOS website https://smart-tos.com. We appreciate your interest in smartTOS. Protection of the personal data you entrust to us is a priority for us, and we want you to feel safe and secure when you visit our website.

It is important to us that you are fully informed about the personal data that we collect when you use our online offers and services and are familiar with how we use them.

Controller

The controller responsible for the processing of personal data on this website (smart-tos.com) is:

Evolit GmbH
Marxergasse 1B / Top 6
1030 Vienna, Austria
Phone: +43 1 58 11 454
E-mail: vie.office@evolit.com

smartTOS is a product of Evolit GmbH. Analytics services are only loaded after your consent via our cookie banner; without your consent, no such data is collected.

Intended use of data processing

Evolit GmbH stands for software development and consultation in the field of business-critical systems with a passion for technology. We accompany our clients all the way from evaluation and analysis to implementation and documentation – along the whole IT value chain. With smartTOS we develop and operate a terminal operating system for intermodal terminals. The pillars of our corporate structure are competence, innovation and respect – inside and out. In as far as Evolit GmbH processes your personal data, this is done for the purposes stated in this data protection declaration.

Processing of personal data

Visiting our website

We record and save your computer's IP address in order to send the contents of our website visited by you to your computer (e.g. texts and pictures) (cf. Art. 6 (1) lit. b GDPR). We also process these data to identify and pursue any misuse. Legal basis in this case is Art. 6 (1) lit. f GDPR. In this context, our legitimate interest in data processing is to ensure the due functioning of our website and the business transacted via the website.

In as far as we process your data as described above for the purpose of providing the functions of our website, you are contractually bound to make these data available to us.

Hosting and server logs

This website is hosted as a static website on Microsoft Azure Static Web Apps (Microsoft Ireland Operations Ltd., One Microsoft Place, Dublin, Ireland). When you access the website, the hosting provider processes technically necessary connection data (in particular IP address, date and time of access, requested resource, browser information) in order to deliver the content and to ensure the security and stability of the service. The legal basis is our legitimate interest in the secure and functional operation of the website (Art. 6 (1) lit. f GDPR).

Other purposes

We also process personal data that you provide voluntarily, e.g. when you make an inquiry. Legal basis in this case is Art. 6 (1) lit. b GDPR. The data processed by us in this context include the data of customers, employees, and suppliers to the extent necessary for the purposes specified within the scope of this data privacy statement.

In as far as we process your data as described above for the purpose of accepting and processing your inquiry, you are contractually bound to make these data available to us. We are unable to process your request without the data.

Where you have given your consent to the processing of personal data (cf. Art. 6 (1) lit. a GDPR), you can withdraw your consent at any time. Withdrawal of consent will not affect the lawfulness of processing based on consent up to the time of withdrawal of consent.

Contact by e-mail or phone

If you contact us by e-mail or phone (e.g. to request a demo), we process the data you provide (name, contact details, content of your enquiry) to handle your request and for follow-up questions. The legal basis is the performance of pre-contractual measures or contract fulfilment (Art. 6 (1) lit. b GDPR) and our legitimate interest in answering enquiries (Art. 6 (1) lit. f GDPR). We store this data for as long as is necessary to process your request or as required by statutory retention obligations.

Demo request form

You can request a demo using the form on our contact page. When you submit it, the data you enter (first and last name, e-mail address and your message) is transmitted directly to Microsoft Dynamics 365 Customer Insights – Journeys (Microsoft Ireland Operations Ltd., One Microsoft Place, Dublin, Ireland) and stored there in our CRM system as a lead record so that we can handle your enquiry. The legal basis is the performance of pre-contractual measures (Art. 6 (1) lit. b GDPR) in combination with the consent you give via the mandatory checkbox in the form (Art. 6 (1) lit. a GDPR). We store the data for as long as is necessary to process your request or as required by statutory retention obligations. When you submit the form, Dynamics 365 may set a technically necessary cookie (msdynmkt_formsubmissionid) on this website that links the submission to a record; it is not used for analytics or advertising.

If you also tick the optional marketing checkbox, we process your contact details on the basis of that separate consent (Art. 6 (1) lit. a GDPR) to inform you by e-mail about smartTOS news. You can withdraw either consent at any time with effect for the future, informally by e-mail to vie.office@evolit.com. This does not affect the lawfulness of processing carried out before the withdrawal.

To protect against automated submissions, the form contains a technical check field that is invisible to you as well as a check of how long the form took to complete. Both of these checks run exclusively on our own website; no data is transferred to third parties in the process.

Google reCAPTCHA

In addition, we protect the demo request form with Google reCAPTCHA v2, a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. reCAPTCHA uses technical characteristics to determine whether an entry originates from a human being or from an automated program. For this purpose, your browser transmits to Google in particular your IP address, information about your browser and device, the time spent on the page as well as mouse and keyboard movements. This data may also be transferred to Google servers in the USA; Google is certified under the EU-US Data Privacy Framework. reCAPTCHA sets the cookie "_GRECAPTCHA" with a lifetime of approximately six months.

The legal basis is your consent (Art. 6 (1) lit. a GDPR), which you give via the cookie banner in the category "Functional Cookies". reCAPTCHA is loaded only after this consent has been given. Without your consent, no connection to Google is established. The form remains fully usable in that case; spam protection is then limited to the two website-internal checks described above. You can withdraw your consent at any time via the cookie settings in the footer. Further information can be found in Google's privacy policy and Google's terms of service.

Transfer to third parties

We sometimes use service providers (located in Austria or Slovakia) which process data on our behalf (e.g. accounting, software development, or server housing). In these cases, the information is transferred to third parties to enable further processing. External service providers are selected carefully and audited at regular intervals to ensure protection of your data privacy.

These service providers / processors are bound by instructions. Given this, they are subject to our requirements, which include processing of your data exclusively in line with our instructions and in compliance with the applicable Data Protection Act. In particular, they are contractually bound to treat your data with strict confidentiality and are not permitted to process data for other purposes than the ones agreed.

Data transfer to the data processor is effected on the basis of Art. 28 (1) GDPR.

We will not sell your data to third parties or otherwise share them for commercial purposes. Beyond the above, we will transfer your personal data to prosecution authorities and, if applicable, damaged third parties without your explicit consent where this is necessary for clarifying illegal use of our services or for legal prosecution. However, such a transfer will only take place if there is concrete evidence of illegal conduct or misuse. Transfer of your data may also take place where this contributes to enforcing the conditions of use or other agreements. We are also under legal obligation to provide information to certain public bodies on request. These comprise prosecution authorities, authorities prosecuting offences punishable by a fine, and financial authorities.

The transfer of these data is based on our legitimate interest in fighting misuse, prosecuting criminal acts, and securing, asserting, and enforcing claims unless our interests are overridden by your rights and interests in the protection of your personal data, Art. 6 (1) lit. f GDPR.

Data transfer to third countries

Data transfer to third countries on our own initiative is not planned at present. For services of the Microsoft group (hosting) and for embeds you actively trigger yourself (see YouTube videos), personal data may be transferred to third countries; such transfers are based on the EU standard contractual clauses or the EU-US Data Privacy Framework. Beyond that, you will be informed of the respective recipients or categories of recipients of the personal data in line with the legal requirements.

Safety

Evolit GmbH takes appropriate technical and organizational measures to protect any personal data you provide to Evolit GmbH from accidental or intentional manipulation, loss, destruction, or access by unauthorized parties. This also applies to any external services purchased. We verify the effectiveness of our data protection measures and continuously improve them in line with technological development. Any personal data entered are encrypted during transfer using a secure encryption process.

Cookies and consent management

A cookie is a small file that is stored locally on your computer when you visit a website. This website uses a self-hosted cookie consent tool to manage your consent decisions. A technically necessary cookie (cc_cookie) is stored on your device; it contains only your consent settings. No data is transferred to third parties. The legal basis is § 165 (3) Austrian TKG 2021 (technically necessary) and our legal obligation to be able to demonstrate consent.

Cookies also allow us to analyse the use of our website. When you revisit the website on the same device, a cookie will indicate, for example, that you are a repeat visitor. You can change your consent settings at any time via the "Cookie Settings" link in the footer.

Analytics Services

We use the following analytics service, which is only loaded after your explicit consent via our cookie banner. No marketing or advertising services (such as the LinkedIn Insight Tag or the Meta Pixel) are embedded on this website.

Google Analytics 4

This website uses Google Analytics 4 (GA4), a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. GA4 is integrated via the gtag.js script.

Google Analytics 4 uses cookies (e.g., "_ga", "_ga_*") to statistically analyze website usage. Google Analytics 4 does not store IP addresses: your IP address is used only temporarily to determine your approximate location and is then discarded. Traffic from the EU/EEA is processed on servers within the EU. A transfer of data to Google servers in the USA can nevertheless not be entirely ruled out; Google relies on the EU-US Data Privacy Framework and on standard contractual clauses for this.

Google processes this data on our behalf to analyze website usage, compile reports, and provide other services related to website usage. The legal basis is Art. 6 (1) lit. a GDPR (consent via the cookie banner, category "Analytics & Videos"). GA4 is only loaded after you have consented to the "Analytics & Videos" category. Without your consent, no analytics data is collected.

Event data in our GA4 property is deleted automatically after 14 months.

You can withdraw your consent at any time via the cookie settings in the footer. For more information, please refer to Google's Privacy Policy.

Embedding of social plugins

In the footer, our website links to our profile on the social network LinkedIn (LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland). This is not a conventional social plugin but a button with an underlying link. As long as this button is not clicked, no data is transferred to the social network. Only when you click the button, thereby consenting to communication with the servers of the social network, is the connection established.

By activating the button, the social network receives, among other things, the information that and when you accessed the relevant page of our website, as well as your IP address, details of the browser used, and your language settings. Data is transferred regardless of whether you actually have an account with the provider or are logged in there. If you are logged in with the provider, your data will be assigned directly to your account. The provider may also set cookies on your computer to track you.

When the button is activated, we have no influence over the data collected and the data processing operations, we are not responsible for this processing, and we are not a controller within the meaning of the GDPR in this respect. Nor are we aware of the full extent of the data collection, its legal basis, the purposes, or the storage periods. The information provided here is therefore not necessarily complete. For the purpose and scope of the data collection and the further processing and use of the data by LinkedIn, as well as your related rights and settings options, please refer to LinkedIn's Privacy Policy. If you do not wish the social network to obtain data about you, do not click the button.

YouTube videos (click-to-load)

On individual pages (e.g. references) we embed videos from YouTube. The embedding uses a two-click solution: when the page loads, no connection to YouTube is established; only a locally hosted preview image is shown. Only when you actively click "play" is the video loaded in privacy-enhanced mode (youtube-nocookie.com) from servers of Google Ireland Limited; personal data (e.g. your IP address) may then be transferred to Google, potentially also to the USA. The legal basis is your consent expressed by clicking (Art. 6 (1) lit. a GDPR). For more information, see Google's privacy policy.

Standard periods for deletion of data

Legislation has defined numerous data storage periods and obligations. At the end of these periods, the relevant data will be routinely deleted. Data that are not affected by the above storage periods and obligations are deleted or anonymized as soon as the purposes defined in this data privacy statement no longer apply. Unless this data privacy statement includes other deviating provisions for data storage, we will store any data we collect for as long as they are required for the above purposes for which they were collected.

Other data use and deletion of data

Any further processing or use of your personal data will generally only be carried out to the extent permitted based on a legal regulation or where you have consented to data processing or data use. In the case of further processing for other purposes than the ones for which the data were originally collected, we will inform you about these other services and provide you with all other significant information before further processing.

Identification and prosecution of misuse

We will store any information for the identification and prosecution of misuse, in particular your IP address, for a maximum period of 14 days. Legal basis in this case is Art. 6 (1) lit. f GDPR. Our legitimate interest in keeping your data for 14 days is to ensure the functioning of our website and the business transacted via this website and to be able to fight off cyberattacks and similar malicious actions.

Rights concerning the processing of personal data

Right of access

On request, you have the right to obtain information from us about the personal data concerning you and processed by us, to the extent defined in Art. 15 GDPR. You can send your request either by mail or email to the addresses given below.

Right to rectification

You have the right to require us to rectify any inaccurate personal data concerning you without undue delay (Art. 16 GDPR). For this purpose, please contact the address given below.

Right to deletion

Where the legal reasons defined in Art. 17 GDPR apply, you have the right to immediate deletion ("right to be forgotten") of personal data concerning you. These legal reasons include: the personal data are no longer necessary for the purposes for which they were processed, or you withdraw your consent, and there are no other legal grounds for processing; the data subject objects to the processing (and there are no overriding legitimate grounds for processing––does not apply to objections to direct advertising). To assert your above right, please contact the contact address given below.

Right to restriction of processing

If the criteria defined in Art. 18 GDPR are fulfilled, you have the right to restriction of processing as established in the above article of the GDPR. According to this article, restriction of processing may be called for in particular if processing is unlawful and the data subject opposes deletion of the personal data and requests the restriction of their use instead, or if the data subject has objected to processing according to Art. 21 (1) GDPR as long as it is unclear whether our legitimate interest overrides the interest of the data subject. To assert your above right, please contact the contact address given below.

Right to data portability

You have the right to data portability as defined in Art. 20 GDPR. This means you have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used, and machine-readable format, and have the right to transmit those data to another controller, such as another service provider. Prerequisite is that processing is based on consent or a contract and is carried out using automated means. To assert your above right, please contact the contact address given below.

Right to object

You have the right to object at any time under Art. 21 GDPR to processing of personal data concerning you which is based on Art 6 (1) lit. e or f GDPR, on grounds relating to your situation. We will desist from processing your personal data unless we can demonstrate compelling legitimate grounds for processing which override your interests, rights, and freedoms, or unless processing is for the establishment, exercise, or defense of legal claims. To assert your above right, please contact the contact address given below.

Right to file a complaint with a supervisory authority

If you think that processing of personal data concerning you and carried out by us is unlawful or impermissible, you have the right to file a complaint with the supervisory authority responsible for us. You can contact the Austrian Data Protection Authority at:

Österreichische Datenschutzbehörde
Barichgasse 40-42
1030 Wien
Phone: +43 1 52 152-0
E-mail: dsb@dsb.gv.at

Amendment of this data privacy statement

The current version of this data privacy statement is always available at https://smart-tos.com.

Data Protection Officer

Please address any questions regarding the processing of your personal data, requests for information, applications, or complaints directly to our data protection officer, who will be happy to be of service.

Contact details of the responsible person:

Evolit GmbH
Marxergasse 1B / Top 6
1030 Vienna
Phone: +43 1 58 11 454
E-mail: vie.office@evolit.com