legal notices

Our legal notices

Postal Address

xsimulator.net
René Hermenau
Zur Alten Schleuse 3
DE-21266 Jesteburg

VAT No. DE297489485

Contact / Kontakt:

E-Mail: admin [at] x-simulator.de

Disclaimer

Liability for content

The contents of our pages were created with great care. However, we cannot accept any liability for the correctness, completeness and topicality of the content. As a service provider, we are responsible for our own content on these pages in accordance with general law in accordance with Section 7 (1) of the German Telemedia Act. According to §§ 8 to 10 TMG, as a service provider, we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the point in time at which we become aware of a specific legal violation. As soon as we become aware of such legal violations, we will remove this content immediately.

Liability for links

Our offer contains links to external third-party websites over whose content we have no influence. Therefore, we cannot accept any liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time they were linked. No illegal content was found at the time the link was created. A permanent control of the content of the linked pages is not reasonable without concrete evidence of a violation of the law. As soon as we become aware of legal violations, we will remove such links immediately.

Copyright

The content and works on these pages created by the website operator are subject to German copyright law. The duplication, processing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this website are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular contents of third parties are marked as such. If you should nevertheless become aware of a copyright infringement, we ask that you notify us accordingly. As soon as we become aware of legal violations, we will remove such content immediately.

Privacy Policy

xsimulator.net is committed to safeguarding your privacy. Contact us if you have any questions or problems regarding the use of your Personal Data, and we will gladly assist you.

By using this site or/and our services, you consent to the Processing of your Personal Data as described in this Privacy Policy.
This Privacy Policy is a part of our Terms and Conditions; by agreeing to Terms and Conditions, you also agree to this Policy. In the event of collision of terms used in Terms and Conditions and Privacy Policy, the latter shall prevail.

Table of Contents

  1. Definitions used in this Policy
  2. Data protection principles we follow
  3. What rights do you have regarding your Personal Data
  4. What Personal Data we gather about you
  5. How we use your Personal Data
  6. Who else has access to your Personal Data
  7. How we secure your data
  8. Information about cookies
  9. Contact information

Definitions

Personal Data – any information relating to an identified or identifiable natural person.
Processing – any operation or set of operations which is performed on Personal Data or on sets of Personal Data.
Data subject – a natural person whose Personal Data is being Processed.
Child – a natural person under 16 years of age.
We/us (either capitalized or not) – XSimulator, xsimulator.net

Data Protection Principles

We promise to follow the following data protection principles:

  • Processing is lawful, fair, transparent. Our Processing activities have lawful grounds. We always consider your rights before Processing Personal Data. We will provide you information regarding processing upon request.
  • Processing is limited to its purpose. Our Processing activities fit the purpose for which Personal Data was gathered.
  • Processing is done with minimal data. We only gather and Process the minimal amount of Personal Data required for any purpose.
  • Processing is limited to a time period. We will not store your personal data for longer than needed.
  • We will do our best to ensure the accuracy of the data.
  • We will do our best to ensure the integrity and confidentiality of data.

Data Subject’s rights

The Data Subject has the following rights:

  1. Right to information – meaning you have the right to know whether your Personal Data is being processed; what data is gathered, from where it is obtained, and why and by whom it is processed.
  2. Right to access – meaning you have the right to access the data collected from/about you. This includes your right to request and obtain a copy of your Personal Data gathered.
  3. Right to rectification – meaning you have the right to request rectification or erasure of your Personal Data that is inaccurate or incomplete.
  4. Right to erasure – meaning in certain circumstances you can request for your Personal Data to be erased from our records.
  5. Right to restrict processing – meaning where certain conditions apply, you have the right to restrict the Processing of your Personal Data.
  6. Right to object to processing – meaning in some instances, you have the right to object to Processing of your Personal Data, for example, in the case of direct marketing.
  7. Right to object to automated processing – meaning you have the right to object to automated processing, including profiling, and not to be subject to a decision based solely on automated processing. This right, you can exercise whenever there is an outcome of the profiling that produces legal effects concerning or significantly affecting you.
  8. Right to data portability – you have the right to obtain your Personal Data in a machine-readable format or if it is feasible, as a direct transfer from one Processor to another.
  9. Right to lodge a complaint – in the event that we refuse your request under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the way your request has been handled, please contact us.
  10. Right for the help of supervisory authority – meaning you have the right for the help of a supervisory authority and the right for other legal remedies such as claiming damages.
  11. Right to withdraw consent – you have the right to withdraw any given consent for Processing your Personal Data.

Data we gather

Account and purchase information

On our site, you can purchase software licenses and packages which you can download after purchase.
For giving you access to the software download, we collect your mail address. We also collect your full name, billing, and home address for creating and sending you an invoice document via mail and for downloading it from our website.

We save the information you provide us with for you to comment or perform other activities on the website. This information includes, for example, your name and email address.

We store this information on our servers.

We are legally obligated to store this information for ten years.
You can request the removal of your account information after ten years of your last purchase and inactivity of your account.

You can update your account information here.

Communications & Support Requests

We are using Help Scout to handle user support requests, which can be sent from the contact form on our website and to the mail address admin[at] x-simulator.de. We use this service to have all support requests in one place and to be able to look for similar requests from previous conversations.

The operating company address is

Help Scout Inc.
131 Tremont Street
3rd Floor
Boston, MA 02111-1338

Other communication

We may communicate with you directly via mail without using HelpScout, which means that your mail request is stored on our computer systems.
We may use additional services like Twitter or Facebook to communicate with you if you start a communication with us using one of these services.
Their usage is not necessary to get in contact with us or to use our services or products.
You are bound to the privacy policies of external services if you use them to get in contact with us.

Information automatically collected about you.
That includes information that is automatically stored by cookies and other session tools. That can be your shopping cart information, your IP address, your shopping history. This information is used for security purposes and to prevent fraudulent attempts or transactions. This information is also stored for better customer experience.
When you use our services or look at the contents of our website, your activities may be logged for security reasons as well.

You can request this data or its removal. Your request can be limited by legal obligation and depends on the nature of the appropriate data.

Information from our partners
We gather information from our trusted partners with confirmation that they have legal grounds to share that information with us. That is either information you have provided them directly with or that they have gathered about you on other legitimate grounds.

We are using external services to process your support requests, which you can send us from our contact form.

We are using external services to process your payment. These services store the information you give them either on their sites or from the contact form on our website.

See the list of our partners here.

Publicly available information
We might gather information about you that is publicly available

How we use your Personal Data

We use your Personal Data to:

  • provide our service to you. That includes registering your account, providing you with other products and services that you have requested; providing you with promotional items at your request and communicating with you concerning those products and services; communicating and interacting with you, and notifying you of changes to any services.
  • enhance your customer experience;
  • fulfill an obligation under law or contract;

We use your Personal Data on legitimate grounds and/or with your consent.

On the grounds of entering into a contract or fulfilling contractual obligations, we Process your Personal Data for the following purposes:

  • to identify you;
  • to provide you a service or to send/offer you a product;
  • to communicate either for sales or invoicing;

On the ground of legitimate interest, we Process your Personal Data for the following purposes:

  • to send you personalized offers (from us and/or our carefully selected partners);
  • to administer and analyze our client base (purchasing behavior and history) in order to improve the quality, variety, and availability of products/ services offered/provided;
  • to conduct questionnaires concerning client satisfaction;

As long as you have not informed us otherwise, we consider offering your products/services that are similar or the same to your purchasing history/browsing behavior to be our legitimate interest.

With your consent, we Process your Personal Data for the following purposes:

  • to send you newsletters and campaign offers (from us and/or our carefully selected partners);
  • for other purposes we have asked your consent for;

We Process your Personal Data in order to fulfill obligation rising from law and/or use your Personal Data for options provided by law. We reserve the right to anonymize Personal Data gathered and to use any such data. We will use data outside the scope of this Policy only when it is anonymized. We save your billing information and other information gathered about you for as long as needed for accounting purposes or other obligations deriving from law, but not longer than 10 years.

We might process your Personal Data for additional purposes that are not mentioned here but are compatible with the original purpose for which the data was gathered. To do this, we will ensure that:

  • the link between purposes, context, and nature of Personal Data is suitable for further processing;
  • further processing would not harm your interests and
  • there would be appropriate safeguards for processing.

We will inform you of any further Processing and purposes.

Who else can access your Personal Data

We do not share your Personal Data with strangers. Personal Data about you is, in some cases, provided to our trusted partners to either make providing the service to you possible or to enhance your customer experience.

We only work with Processing partners who can ensure an adequate level of protection to your Personal Data. We disclose your Personal Data to third parties or public officials when we are legally obliged to do so. We might disclose your Personal Data to third parties if you have consented to it or if there are other legal grounds for it.

Our processing partners and connected third parties:

  • Mail handling by Domainfactory
    Our mail servers are hosted by Domainfactory and are located in Germany.
    Mails that are sent to us are stored on those servers. The company address of Domainfactory is: Domainfactory GmbH
    Oskar-Messter-Str. 33
    85737 Ismaning
    Deutschland
    Privacy Policy (German)
  • Paypal Payment
    You can choose PayPal as a payment processor in our shop. With your purchase, we automatically transmit the data of the data subject to Paypal. By selecting this payment option, you agree to the transfer of personal data required for payment processing. The personal data transferred to PayPal is the first name, last name, address, email address, IP address, and other data necessary for payment processing. The company address of PayPal Europe is PayPal Europe S.à.r.l. & Cie. S.C.A.
    22-24 Boulevard Royal
    2449 Luxembourg
    Privacy Policy
  • Stripe Payment
    If you choose credit card payments in our online shop, we use Stripe as a payment processor. We automatically transmit the data of the data subject to Stripe. By selecting this payment option, you agree to the transfer of personal data required for payment processing. The personal data transferred to stripe is the first name, last name, address, email address, IP address, and other data necessary for payment processing. The company address of Stripe is:185 Berry Street, Suite 550
    San Francisco, CA 94107
    Privacy Policy
  • Web hosting
    This website and its database is stored on virtual server machines by Digital Ocean Company address
    DigitalOcean, LLC.
    101 Ave of the Americas 10th Floor
    New York, 10013.
    UNITED STATES
    Privacy Policy

Marketing & Analytics

We use Google Analytics service to measure traffic and user behavior on our website. Our Google Analytics code is configured to anonymize user IP addresses. So your personal IP address is not collected by Google.

If you’d like to opt-out of tracking by Google Analytics, visit the Google Analytics opt-out page.

Company address

Google LLC
1600 Amphitheatre Parkway
Mountain View, CA 94043
Privacy Policy

We are using a service called Hotjar to analyze the performance and conversion on this site.
You can learn more about Hotjar and the data it stores in its privacy policy.

You can learn more about the cookies Hotjar stores from their cookie information or opt-out of the Hotjar cookies on this page.

If you have visited our sites a few times, we are going to show you ads on other websites through the advertisement network called NextRoll (formerly AdRoll). This service may set several cookies to be able to track your visit.

Read more about NextRoll and its privacy policy here:

Company Address:

Lucid Privacy Group
Attention: NextRoll Data Protection Officer
1050 Page Street
San Francisco, CA 94117
USA

Social Networks

We may collect or obtain your Personal Information from third parties who provide it to us. That may include referral sources, social network sites, or services (e.g., Facebook, Twitter, LinkedIn, etc.). If you use a third-party connection or log-in (e.g., Facebook Connect, Twitter, or Google+) to access our services, create a membership or profile on any part of the Services, access our content or forward our content to another person, platform or service, we may also receive your username or email address for those third-party services or other information available about you or collected from you on those services.

We are not responsible for the information you volunteer about yourself in the discussions in certain public areas of the Services, such as forums, blogs, wikis, chat rooms, private messages, message boards, or other publicly accessible interaction. That is also valid for information that you choose to make public in your member profile or other areas of the Services that allow users to upload or post content. We discourage users from posting such Personal Information in this fashion. You can change your publicly available information at any time via your profile page. To request removal of your Personal Information from these areas, please contact us. In some cases, we may not be able to remove your Personal Information, in which case we will let you know we are unable to do so and why.

How we secure your data

We do our best to keep your Personal Data safe. We use secure protocols for communication and transferring data (such as HTTPS). We use anonymizing and pseudonymizing where suitable. We monitor our systems for possible vulnerabilities and attacks.

Even though we try our best, we can not guarantee the security of information. However, we promise to notify the suitable authorities of data breaches. We will also notify you if there is a threat to your rights or interests. We will do everything we reasonably can to prevent security breaches and to assist authorities should any breaches occur.

If you have an account with us, note that you have to keep your username/email and password secret.

Children

We do not intend to collect or knowingly collect information from children. We do not target children with our services.

Cookies and other technologies we use

We use cookies and/or similar technologies to analyze customer behavior, administer the website, track users’ movements, and to collect information about users. This is done in order to personalize and enhance your experience with us.

A cookie is a tiny text file stored on your computer. Cookies store information that is used to help make sites work. Only we can access the cookies created by our website. You can control your cookies at the browser level. Choosing to disable cookies may hinder your use of certain functions.

We use cookies for the following purposes:

  • Necessary cookies – These cookies are required for you to be able to use some important features on our website, such as logging in. These cookies don’t collect any personal information.
  • Functionality cookies – These cookies provide functionality that makes using our service more convenient and makes providing more personalized features possible. For example, they might remember your name and email in comment forms, so you don’t have to re-enter this information next time when commenting.
  • Analytics cookies – These cookies are used to track the use and performance of our website and services.
  • Advertising cookies – These cookies are used to deliver advertisements that are relevant to you and to your interests. In addition, they are used to limit the number of times you see an advertisement. They are usually placed on the website by advertising networks with the website operator’s permission. These cookies remember that you have visited a website, and this information is shared with other organizations such as advertisers. Often targeting or advertising cookies will be linked to site functionality provided by the other organization.

Cookies we use are from:

  • Google Analytics
  • NextRoll
  • Stripe

You can remove cookies stored in your computer via your browser settings. Alternatively, you can control some 3rd party cookies by using a privacy enhancement platform such as optout.aboutads.info or youronlinechoices.com. For more information about cookies, visit allaboutcookies.org.

Contact Information

Do you have questions regarding our privacy policy?
You can reach us via our contact form or by using the postal address below

Controller
René Hermenau
Zur Alten Schleuse 3
21266 Jesteburg
Germany

Supervisory Authority
Email: poststelle@bfdi.bund.de
Phone: +49 228 997799 0

Changes to this Privacy Policy

We reserve the right to make changes to this Privacy Policy.
The last modification was made on Jan 17th, 2019.