Founded in 2001, CMS Systems Solutions is the provider of a wide range of professional services and solutions to clients worldwide. Our services include Business and Accounting software selection and implementation, report design, training and project management.

Since 2004 CMS Systems Solutions is the authorised distributor of CaseWare International Inc. in Cyprus and Greece.

CaseWare International is recognised around the world as a premier developer of audit assurance and financial reporting tools by accountants and auditors in practices large and small, in corporations, and government.

CaseWare's family of products and services helps professionals in over 60 countries perform their engagements more easily and efficiently.

Cookie Policy for CMS Systems Solutions LTD website

This is the Cookie Policy for CMS Systems Solutions LTD website, accessible from www.cms-ss.com

What Are Cookies

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or 'break' certain elements of the sites functionality.

For more general information on cookies see the Wikipedia article on HTTP Cookies.

How We Use Cookies

We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.

The Cookies We Set

• Login related cookies

  We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.

Third Party Cookies

In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

• This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.

  For more information on Google Analytics cookies, see the official Google Analytics page.

• From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.

More Information

Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren't sure whether you need or not it's usually safer to leave cookies enabled in case it does interact with one of the features you use on our site. This Cookies Policy was created with the help of the CookiePolicyGenerator.com

However if you are still looking for more information then you can contact us through one of our preferred contact methods:

• Email: info@cms-ss.com

 1.0      Overview

 

1.1       Here at CMS Systems Solutions Ltd (“CMS”) we take both our clients’ as well as our personnel privacy and personal information seriously. For this reason, this Privacy Policy was developed in order to demonstrate CMS’s commitment to both our clients’ as well as our personnel privacy.

 

1.2       This Privacy Policy explains what Personal Information is and how CMS collects, uses, holds, protects and processes this information during the course of providing our clients with a wide range of professional services.

 

This Privacy Policy also explains what Personal Information in relation to its personnel is and how CMS collect, uses, holds, protect and processes such information.

 

1.3       This Privacy Policy should be read in conjunction with CMS’s Terms of Use .

 

1.4       In addition to this Privacy Policy, CMS has also published a privacy policy related to the usage of its website, being the Website Privacy Policy.

 

1.5       As used herein, note that the following terms shall have the meanings as presented below:

 

-           “Data subject” is any person whose personal information is being collected, held or processed.

 

-           “Personal Information” or personal data of a data subject as defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) is ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

 

-           “Cloud Services” means computing resources provided by way of the Internet and may include the provision of storage, software, platform, computing services or other resources.

 

-           “Website” means www.cms-ss.com.

 

1.6       CMS is not required to appoint a specific Data Protection Officer since it is doesn’t meet the criteria presented in the GDPR.

 

However, CMS is aware and is regularly informed regarding the GDPR requirements and processes including its responsibilities and data subjects’ rights, and has in place procedures to ensure that CMS is compliant with the related requirements. 

 

2.0      Contact us

 

If you have any questions about this Privacy Policy, please contact us at:

 

Physical Address:

CMS Systems Solutions Ltd

22 Athinon Street,

Strovolos, Nicosia 2040

Cyprus

 

Postal Address:

P.O.Box 28029

Nicosia 2090

Cyprus

 

Telephone: +357 22817503

Fax: +357 22817516

E-mail: info@cms-ss.com.

 

3.0      Consent

 

3.1       CMS collects Personal Information directly from its clients and its personnel.

 

3.2       CMS uses and discloses Personal Information obtained from its clients only as described and up to the extent that each client has provided its consent for and as described in this Privacy Policy and CMS’s Terms of Use .

 

3.3       A client can withdraw its consent at any time by communicating this to info@cms-ss.com.

 

3.4       CMS uses and discloses Personal Information obtained from its personnel only as described in this Privacy Policy.

 

4.0       CMS’s ways of collecting Personal Information

 

CMS collects Personal Information through a variety of means as presented below:

 

4.1       Through a contract

 

• When a client becomes a contractual party to related agreements with CMS

 

• When a client completes an order form regarding a purchase of CMS products and/or services (including purchasing licence and licence renewal)

 

• When a client completes and returns the Client Communication Details Confirmation document to CMS

 

4.2       Through serving legitimate interests

 

• When a client contacts CMS for support on technical or other related issues and for the usage of the software products and services that it has obtained from CMS

 

During the provision of the support services to its clients, CMS collects Personal Information through the following means to be able to provide the support that each client needs in a case-by-case situation:

 

• When a client through a telephone communication requests CMS assistance on a matter regarding CMS’s products or services.

 

• When a client registers and uses the Cloud Services as offered by CaseWare Cloud Ltd, where the client may provide CMS with documents that it needs CMS’s assistance with.

 

Clients can choose not to provide Personal Information to CMS, but it may mean that CMS will be unable to provide them with support services to the extent that they may need it in a case-by-case situation.

 

• When a data subject registers and attends Trainings organised by CMS for the usage of CMS products and services

 

• When a user logs in the website to download the current version of various CMS products that he purchased

 

For more information regarding the privacy policy of the usage of CMS’s website please refer to the Website Privacy Policy.

 

4.3       Through obtaining consent from a data subject

 

• When a data subject gives its consent to CMS through other ways than the above, in order for CMS to use its Personal Information for specific purposes

 

In the event that the consent is provided in such a way, then the consent can be withdrawn by the data subject at any time.

 

4.4       Through employment process

 

• When a prospect employee provides its curriculum vitae and application form that includes Personal Information to CMS for a potential employment

 

• When a data subject enters into an employment contract with CMS

 

5.0       Personal information that CMS collects

 

5.1       Through contracts

 

• Contact details of the data subject that enters into an agreement of any form representing the client. These include full name, address, telephone and e-mail.

 

• Additionally, CMS may require some other form of Personal Information which will be communicated directly to the data subject upon request

 

5.2       Through the purposes of serving legitimate interests

 

• Full name and contact details of the data subjects including e-mail address and telephone number.

 

• Additionally, CMS may require some other form of Personal Information which will be communicated directly to the data subject upon request.

 

5.3       Through obtaining consent from a data subject

 

• Full name and contact details of the data subjects including e-mail address and telephone number.

 

5.4       Through employment contract and other employment related documents

 

• Full name and contact details of the employee including personal address, personal e-mail address, personal mobile telephone and home telephone.

 

• Details of the bank that the data subject prefers to obtain its salary through including its IBAN number and bank account number.

 

• Other personal details of the employee including TIC, Social Insurance and ID number.

 

• In the case that the employee was previously employed somewhere else during the year, documentation from its previous employer is obtained that states all the details of the salary that the data subject obtained during the year.

 

6.0       Usage of the Personal Information by CMS

 

CMS processes, collects, uses and discloses information including Personal Information for a variety of purposes as presented below:

 

6.1       For the performance of a contract

 

• CMS processes Personal Information based on the contracts and other agreements it has with each client depending on the requirements for each product and/or service.

 

• CMS based on these requirements, could use the Personal information to provide the data subjects with the following:
• Invoices and statement
• Notifications for updates
• Website access to download product updates

 

6.2       For the purposes of serving legitimate interests

 

• To verify existing client’s identity in order to be able to provide its assistance based on the products and/or services that the client has purchased.

 

• To monitor for internal business management purposes, to improve the service support provision and to facilitate future conversations with clients, by keeping track of the tasks that it has provided its support for (support queries) and the respective users that requested the assistance.

 

• To monitor activity usages of the website in order to improve and manage the services that it provides.

 

For more information regarding the privacy policy of the usage of CMS’s website please refer to the Website Privacy Policy.

 

• CMS shall not use the Personal Information of any data subject in any other way that those included in this Privacy Policy and the Terms of Use and shall keep confidential all information as disclosed.

 

• To assist the client with a document of any kind that may or may not include Personal Information about others (including any Personal Information of the customers of the client or third parties), if asked to do so.

 

CMS shall not use the Personal Information about others in any way and shall keep confidential all information as disclosed. This shall be read in line with the Terms of Use .

 

Following the above, the client should take all necessary steps to obtain all necessary consents to disclose such Personal Information to CMS, and to allow CMS to process such Personal Information in accordance with this Privacy Policy.

 

• To issue personal Training attendance certificates and update our training records. We use that information only if asked by the data subject, such as re-issue a Training attendance certificate and to provide a more complete support service.

 

6.3       For the reasons that each data subject has provided its consent for

 

• During this process, CMS’s primary usage of the Personal Information of the data subjects could be for the provision of marketing and other related information including but not limited to:
• Announcements for new development or new products
• Newsletters
• Other marketing information
• Events notification
• Notification for Trainings
• Notification regarding related webinars
• Other useful information that CMS believes is relevant for them

 

• CMS will only provide the above information to data subjects that have given their consent to be notified for these purposes.

 

6.4       For personnel and prospect employees related matters

 

• During the employment of each data subject, CMS uses the Personal Information to calculate and pay its employees’ wages and salaries, social insurance and related taxes.

 

• During the employment process, CMS uses the information obtained through the prospect employee’s curriculum vitae, application form and personal interviews to decide regarding the potential employment of the prospect data subject and how it will continue through the employment process.

 

• If the employment with CMS is terminated, then CMS uses the personal information obtained for archive and historical purposes.

 

• If the prospect employee doesn’t enter into an employment contract with CMS, then CMS uses the personal information obtained for archive purposes.

 

• Both CMS and its employees shall not use the Personal Information of any employee or previous employee or prospect employee in any other way that those included in this Privacy Policy and shall keep confidential all information as disclosed.

 

6.5       To comply with CMS’s legal obligations, resolve disputes, and enforce agreements

 

CMS will retain and use Personal Information as obtained from its clients and its personnel, as necessary to comply with the above.

 

7.0       CaseWare Cloud

 

CMS during the provision of the support services to its clients, and in line with the Terms of Use, could provide its services remotely using the Cloud Services as offered by CaseWare Cloud Ltd.

 

During this process, the data subject should register to the Cloud Services and could provide CMS with documents that it needs CMS’s assistance with.

 

During this process, CMS obtains the client’s e-mail address.

 

CMS should not be considered liable in the case where a client provides CMS with documents through any other means including e-mail. Since the Internet is not in itself a secure environment, it is CMS’s opinion that the Cloud Services offered by CaseWare Cloud Ltd provide a more secured environment than other means including e-mail communications.

 

For more information about CaseWare Cloud Ltd Cloud Services please refer to “CaseWare Cloud Privacy Policy” .

 

CMS shall not use the Personal Information about others in any way, and shall keep confidential all information as disclosed. This shall be read in line with the Terms of Use .

 

Following the above, the client should take all necessary steps to obtain all necessary consents to disclose such Personal Information to CMS, and to allow CMS to process such Personal Information in accordance with the Terms of Use as well as this Privacy Policy.

 

8.0       Retention period

 

8.1       Client Personal Information

 

CMS shall keep the Personal Information regarding each data subject for as long as the data subject has a business relationship or represents a legal entity that has business relationship with CMS.

 

In the event where the business relationship between the client and CMS ceases, then CMS as a general rule shall retain the Personal Information obtained for at least two years following the termination date, taking into account any additional legal requirements that may exist.

 

8.2       Personnel and prospect employees Personal Information

 

CMS shall keep the Personal Information regarding each employee for the whole length of their employment with CMS.

 

In the event where the employment is terminated then CMS as a general rule shall retain the Personal Information obtained for at least two years following the termination date, taking into account any additional legal requirements that may exist.

 

In the event where the prospect employee doesn’t enter into an employment contract with CMS then CMS as a general rule shall retain the Personal Information obtained for at least two years following the date that it obtained the Personal Information.

 

9.0       Where Information including Personal Information is Stored

 

9.1       CMS uses an internal CRM System to store the following full licensing and contact details for all of its contracted customers, the primary contacts within customer businesses, users who contact the support services and users that have provided their consent to be notified about marketing and other relation information as presented above.

 

The information regarding the primary contacts within each customer business is being reviewed and updated accordingly by each client during the renewal notification process.

 

In addition, CMS stores information regarding the support queries that each user has requested assistance for during the provision of support services.

 

9.2       CMS stores and transfer its clients Personal Information within the European Economic Area in compliance to GDPR or equivalent regulations and standards.

 

9.3       CMS during the provision of the support services, may be required in rare cases to transfer information, data or documentation, to its respective suppliers through CaseWare International Inc. systems, in order to be able to fully assist its clients. In such cases the documentation/information that its clients provide CMS with, will be transferred outside the EU. The parties that will obtain the information in these cases have in place standards similar to the EU data protection standards.

 

In such cases, CMS will request written permission from its clients prior of transferring the documentation/information.

 

9.4       CMS uses third party data hosting providers (Hostgator) to host its website. For  information about Hostgator’s Terms of Service please refer to “Hostgator’s Terms of Service”.

 

9.5       CMS uses the Cloud Services as offered by CaseWare Cloud Ltd, which uses third party hosting providers (Amazon Web Services) to host its Cloud Services and Subscriber Data on servers that are located within the EU region.

 

For more information about CaseWare Cloud Ltd Cloud Services please refer to “CaseWare Cloud Privacy Policy” .

 

10.0     Safeguards

 

10.1     CMS has in place secured internal servers and is committed to protecting the security of the information including Personal Information as disclosed to it and takes all reasonable precautions to protect it from unauthorized access, modification and disclosure.

 

10.2     However, CMS cannot give an absolute assurance that Personal Information will be secure at all times, since the Internet is not in itself a secure environment.

 

11.0     Breach of personal data

 

11.1     As per GDPR a personal data breach means “A breach of security leading to the destruction, loss, alteration, unauthorised disclosure of, or access to, personal data”.

 

11.2     For the purposes of this Privacy Policy, a breach of the data security policy occurs when an identified weakness in the system or policies indicates a breach of data, information security policy or failure of safeguards.

 

11.3     In the event that any actual or suspected data security breach took place, the steps that should be followed depend on the severity, nature and extent of the breach as well as the type of breach (if it was an internal personnel breach or external party breach). In all cases the Management Team that deals with such matters should be notified immediately.

 

11.4     All details concerning the security data breach or incident should be recorded in writing in due course by the designated individual within the related Management Team. The details that should be recorded should include the timing, the nature, source and extent of the breach, details of any data loss and damages that were resulted from the breach, any future risks that may result from the breach and future steps to ensure that this doesn’t happen again, details of who discovered the incident and their steps, assessment of the necessity to inform the data subject and subsequent actions to be followed.

 

In line with the above assessment, an investigation of the incident needs to take place to establish the facts and decide regarding the subsequent actions to be followed. During this investigation the full facts of the data breach should be examined in order for the risks, issues and root causes to be identified and the appropriate recommendations to address these issues to be of an appropriate nature. During this investigation the responsible person should interview people involved, inspect the any equipment and location involved and examine any physical evidence and documentation that is available.

 

11.5     In the event that an internal personnel breach took place meaning that a member of CMS staff undertook a breach of data security policy, then the procedures that CMS should follow are according to the internal standard disciplinary procedures that CMS has in place.

 

11.6     In the event that an external or third-party breach took place meaning that the breach was caused by a CMS external agent, representative or any other third-party, then CMS should notify the Management Team that deals with such matters should immediately.

 

11.7     In all cases, CMS shall notify accordingly the relevant data subject if such breach of security took place to its data, if it considers it necessary depending on the nature and extent of the breach. In the case that CMS considers it necessary to inform the data subject, then it shall disclose to it the nature and extent of the breach and the respective threat.

 

Further, it shall give all necessary assistance to the relevant data subject to prevent or stop such a breach or threatened breach and eliminate further related risks.

 

12.0     Accuracy

 

It is the client’s and personnel responsibility to ensure that the Personal Information it provides to CMS is as accurate, truthful, complete, reliable, and up-to-date as necessary for the purposes for which it is going to be used.

 

In addition, it should ensure that it does not infringe the rights of others.

 

13.0     Rights of the data subject

 

• Right of confirmation

Each data subject has the right to obtain from the controller the confirmation as to whether or not its Personal Information are being processed by CMS.

 

• Right of access

Each data subject has the right to access the Personal Information that CMS holds about it, and CMS can provide the information, upon request, within the timeframe as presented in the GDPR.

 

• Right to rectification

Each data subject shall have the right to obtain from CMS the rectification of inaccurate Personal Information that concerns it.

 

• Right to erasure (to be forgotten)

Each data subject has the right to change or delete the Personal Information about it that CMS holds by communicating with CMS, as long as the processing is not necessary. CMS will delete the records within the timeframe as presented in the GDPR.

 

• Right of restriction of processing

Each data subject shall have the right to obtain from CMS restriction of processing the Personal Information that concerns it.

 

• Right to data portability

Each data subject shall have the right to receive the personal data concerning it, which was provided to a controller, and to transmit these data to another controller.

 

• Right to object

Each data subject shall have the right to object, on grounds relating to its particular situation, at any time, to processing of personal data concerning it, which is based on point (e) or (f) of Article 6(1) of the GDPR.

Each data subject has the right to change its preferences for being communicated by CMS for particular purposes.

 

• Automated individual decision-making, including profiling

Each data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling.

 

• Right to withdraw data protection consent

Each data subject has the right to withdraw its consent at any time by communicating this to CMS.

 

14.0     Changes to this Privacy Policy

 

CMS reserves the right to change this Privacy Policy at any time, and any amended Privacy Policy will be posted immediately on the website.

 

CMS’s clients will be deemed to have accepted the terms of any amended Privacy Policy following their continued use of the website after any amendments.

 

CMS’s personnel will be deemed to have accepted the terms of any amended Privacy Policy as long as they are employment with CMS.

1.0              Acceptance of Terms

 

Please read these Terms of Use (“TOU”) carefully before using CMS System Solutions Ltd (“CMS” or “us” or “we” or “our”) products and/or services. Make sure that you understand these TOU and that you accept all of its provisions prior of using CMS’s products and/or services.

 

By installing CMS’s software, you agree to be bound by the provisions presented in these TOU.

 

In the event that you need a provision to be waived, it shall only be considered waived if you obtain a written waiver signed by an authorized CMS representative.

 

 2.0      Description of services

 

CMS provides a wide range of professional services and software Solutions for Financial Reporting, Tax and Audit Compliance to accountants and auditors in Practice, Industry and Government.

 

The services, including any updates, new developments, new products, enhancements and new features are subject to these TOU.

 

Which products and services you are authorized to install, use and up to what extent, will depend on the license agreement that you have in place with CMS, and based on its terms. The order form that represents part of the license agreement, includes: the maximum number of permitted users, the license fee and annual renewal fee of the license.

 

The installation of software releases and updates is performed via secure file transfer methods and is delivered to you in electronic format.

 

3.0       Personal and non-commercial use limitation

 

Unless otherwise specified, the products and services are for your personal and non-commercial use. You may not modify in any way, copy, distribute, transmit, display, perform, reproduce, redistribute, publish, license, create derivative works from, transfer, or sell any information or elements of the software, products or services obtained from any of the services and products of CMS.

 

Violators of the above will be prosecuted to the maximum extent possible.

 

Exception to the above only applies where such action is expressly permitted by the license agreement that you have in place with CMS.

 

4.0       Disclaimer, limited warranty and undertakings of CMS

 

4.1       Disclaimer

 

Most CMS’s products, services, their updates and related templates are provided by CMS through CMS’s website being www.cms-ss.com. A part of CMS’s products and services are provided directly by CMS support team through remote access or through Cloud Services offered by CaseWare Cloud Ltd.

 

CMS has in place secured and encrypted servers and is committed to protecting the security of its products and services, and takes all reasonable precautions to protect them from bugs, errors or other problems that could cause any issue to them and as a result to your data and other system related issues.  

 

However, CMS cannot give an absolute assurance that its products and services will be secure at all times, since the Internet is not in itself a secure environment.

 

You expressly acknowledge that the products and services that you download through the website may in an unfortunate event contain, or be prone to bugs, errors or other problems including, but not limited to technical inaccuracies, typographical errors that could cause loss of data stored in the platform, inconsistent performance, incorrect results, and other failures including, but not limited to system interruptions and data loss or profits. You acknowledge that CMS and/or its respective suppliers, will not be considered liable in any special, indirect or consequential damages resulting in any, but not limited to the above cases.

 

4.2       Limited Warranty

 

CMS’s products and services are provided “as is”, except if it is specifically agreed in written form otherwise.

 

To the extent authorized by law, CMS makes no representations or warranties, either express or implied, regarding its products or services, other than specific warrants, if any, that are specifically stated on the license agreement terms.

 

CMS also expressly disclaims any and all warranties relating to noninfringement of third party rights, merchantability, satisfactory quality, or ability to integrate its products or services with third party products or services.

 

4.3       Undertakings of CMS

 

CMS, during the course of providing a range of professional services within the scope of its duties, may have access to Confidential Information that you possess, and is subject to the terms and covenants set forth below.   

 

CMS hereby acknowledges that the Confidential Information proprietary of you shall be kept as Confidential Information and will not use it in any means other than performing its duties as agreed with you.

 

CMS will keep confidential the information received and shall not disclose any of the information, except to its employees, representatives or agents who need to have access to the Confidential Information for carrying out their duties during the provision of the services as agreed with you. In the case of disclosing any of the information as presented this section, CMS shall ensure that the information will be kept confidential and will ensure that their agreement is obtained to keep it confidential on the same terms as set forth in these TOU, otherwise CMS will be fully liable if the confidentiality is breached by its employees, representatives or agents.

 

In the event that CMS is asked to communicate the Confidential Information to any judicial, administrative, regulatory authority or similar or obliged to reveal such information by mandatory law, it shall notify you promptly of the terms of such disclosure and will collaborate to the extent practicable with you in order to comply with the order and preserve the confidentiality of the Confidential Information.

 

You are not under any obligation under these TOU to disclose any Confidential Information that you choose not to disclose.

 

For the purposes of these TOU, Confidential Information means any data or proprietary information of you that is not generally known to the public or has not yet been revealed, whether in tangible or intangible form, whenever and however disclosed, that is supplied by you to CMS or otherwise acquired by CMS during the course of its dealings with you.

 

Notwithstanding the Confidential Information shall exclude information that:

(i)         is already or it subsequently comes into public domain or publicly available without any breach of these TOU;

(ii)        was known to CMS before the information was disclosed;

(iii)       is received by CMS without restriction or disclosure of any obligation of confidence from a third party who lawfully possesses thereof and under no obligation of confidence to you;

(iv)       is or has been developed independently by any of CMS’s employees, representatives or agents (that is proved by reasonable means) without violating these TOU.

 

5.0       Use of services

 

5.1       General

 

5.1.1    In connection with these TOU and subject to the restrictions set forth herein, CMS hereby grants to you, a royalty-free, limited, non-exclusive, non-transferable license to use the products and services as provided by CMS exclusively for your personal use as stated in section 3.0.

 

5.1.2    You acknowledge and agree that CMS shall own all intellectual property rights in and in relation to its products and services, subject to the agreements it also has in place with its respective suppliers, and you shall not act in any other matter.

 

5.1.3    You acknowledge and agree that CMS reserves the right in its sole discretion to edit, add to or delete a part or any of its products or services, including their components, from time to time without prior notice.

 

5.1.4    You acknowledge and agree that CMS may discontinue the provision of a part or any of its products or services to you at any time without notice or terminate these TOU at any time without notice.

 

5.1.5    When using CMS’s products and services you agree that you will use CMS’s products and services for lawful purposes only, and in accordance any applicable law or regulations or administrative rules.

 

5.1.6    When using CMS’s products and services you agree that you will properly identify yourself using accurate, truthful, complete, current and reliable identification, without misrepresenting your identity, including in the case of opening an account in the website.

 

5.1.7    In the cases where you use the website by logging in or registering to Cloud Services offered by CaseWare Cloud Ltd, it is your responsibility to complete the registration process by providing accurate, truthful, complete, current and reliable information. In addition, it is your responsibility to keep your password for the website safe, and in the case of misusage of the password, then you should immediately notify CMS and proceed with changing your password.

 

5.1.8    In some cases there may be links to third party sites in the website. The linked sites are not under CMS control and CMS is not responsible for the contents or any other information related and included in the linked sites.

 

5.1.9    When using CMS’s products and services you agree that you will comply with any additional terms of use on CMS website, as updated from time to time by CMS.

 

For the Privacy Policy related to the usage of CMS website, please refer to the Website Privacy Policy.

 

5.2       Using the provision of the support services of CMS’s products and services

 

5.2.1     When using the provision of the support services of CMS’s products and services, you give your consent that any information that you provide to CMS during this service, can be used by CMS in order to provide you with support services in each situation and perform its duties as agreed with you.

 

5.2.2    CMS provides its support services during office hours as presented in the website. The means that CMS provides its support services are the following:

- through telephone help-desk provision

- through remote diagnosis using screen sharing software

- through sharing of documents through Cloud Services as offered by CaseWare Cloud Ltd

- through personal meeting with you, if considered necessary

 

5.2.3    You agree and are willing to provide during the provision of the support services to you, contact details information that CMS will request in order to be able to assist you which includes your full name, telephone and e-mail address. 

 

5.2.4    You agree that CMS during the provision of the support services to you and in line with the Privacy Policy , could provide to you its services remotely using the following acceptable ways as appropriate, using screen sharing software:

- through “TeamViewer” services

- through “Skype for business” functions

- through other methods that you consider acceptable, reliable and secure

 

Each of the above methods is provided by a third-party and by using each method you should also make sure that you agree to their own terms of use and privacy policies.

 

CMS should not be considered liable in the case where you provide CMS with documents through any other means that are not presented as acceptable means in these TOU including e-mail. In these cases, you shall accept all of the responsibility for the security and access to this information.

 

During the above remote access processes, you provide or disclose to CMS, documents and information that you need CMS’s assistance with. The documents could include information about others including your clients or third-party information.

 

CMS does not claim ownership of the information that you provide it with, shall not use the information about others in any way, and shall keep confidential all information as disclosed. This shall be read in line with the Privacy Policy .

 

Following the above, you should take all necessary steps to obtain all necessary consents to disclose any Personal Information that concerns others to CMS, and to allow CMS to process such Personal Information in accordance with the Privacy Policy .

 

5.2.5    You agree that CMS during the provision of the support services to you and in line with the Privacy Policy , could provide its services through the Cloud Services as offered by CaseWare Cloud Ltd.

 

Cloud Services mean resources provided by way of the Internet and may include the provision of storage, software, platform, computing services or other resources.

 

During the provision of the Cloud Services, you should register to the Cloud Services and could provide CMS with documents that you need CMS’s assistance with. The documents could include information about others including your clients or third-party information.

 

During this process, CMS obtains only your e-mail. It is your responsibility to keep your password for the Cloud Services safe, and in the case of misusage of the password, then you should immediately notify CMS and proceed with changing your password.

 

CMS should not be considered liable in the case where you provide CMS with documents through any other means that are not presented as acceptable means in these TOU including e-mail. Since the Internet is not in itself a secure environment, it is CMS’s opinion that the Cloud Services offered by CaseWare Cloud Ltd provide a more secured environment than other means including e-mail communications.

 

For more information about CaseWare Cloud Ltd Cloud Services please refer to “CaseWare Cloud Privacy Policy” and “CaseWare Cloud Terms of Use”.

 

CMS does not claim ownership of the information that you provide it with, it shall not use the information about others in any way, and shall keep confidential all information as disclosed. This shall be read in line with the Privacy Policy .

 

Following the above, you should take all necessary steps to obtain all necessary consents to disclose any Personal Information that concerns others to CMS, and to allow CMS to process such Personal Information in accordance with the Privacy Policy .

 

5.2.6    During the provision of the support service, in the cases where you request a personal meeting for the support service to be provided, then you acknowledge and agree that such service may be invoiced in accordance with the arrangements you have in place with CMS.

 

5.2.7    During the provision of the support services, CMS may store or transfer related data within the European Union (“EU”) in compliance to the General Data Protection Regulation (EU Regulation 2016/679) or equivalent regulations and standards.

 

5.2.8    During the provision of the support services, CMS may be required in rare cases to transfer the documentation that you need assistance with, to its respective suppliers through CaseWare International Inc. systems, in order to be able to fully assist you. In such cases the documentation/information that you provide CMS with, will be transferred outside the EU. The parties that will obtain the information in these cases have in place standards similar to the EU data protection standards.

 

In such cases, CMS will request for your written permission prior of transferring the documentation/information.

 

5.3       Restrictions

 

5.3.1    When using CMS’s products and services you agree that you will not attempt to view, access or copy any material or data other than that to which you have been authorized to access, and up to the extent that you are authorized to do so based on the license agreement that you agreed upon and based on its terms.

 

5.3.2    When using CMS’s products and services you agree that you will not use CMS’s products and services in a manner to transmit, input or store any data that breaches any third party right (including intellectual property rights and privacy rights) or that is objectionable, incorrect or misleading.

 

5.3.3    You shall not perform, or aid others in performing, penetration tests, hacking or any kind of security test on CMS’s products or services including its website. You shall not upload any files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of any of CMS’s products or services including its website and the remote access means that it uses.

 

5.3.4    You agree that you will not attempt to compromise the functionality, security or integrity of CMS’s products and services including its website or any infrastructure used in its delivery, or assist others in so doing. You also agree to reasonably assist CMS in preventing unauthorized access to, or use of, the products and services that it provides including its website.

 

5.3.5    Except for the rights granted to you based on these TOU, you shall have no right, title or interest in and to CMS’s products or services or any of their components, including but not limited to the documentation, or to any intellectual property rights including patents, copyrights, trade secrets, trademarks, mask works, design rights, database rights, inventions, source code, object code, listings and documentation related thereto, together with all revisions, modifications, alterations, and derivative works thereof in all forms.

 

6.0       Storage of Information

 

6.1       CMS during the course of business and during the course of providing its products and services may exchange information, documentation and data with you, which CMS may store for a period of time depending on a case by case situation based on the services being provided, the nature of the work and the requirements that you may have.

 

6.2       CMS primarily stores any or part of the information that you provide in servers located internally.

 

CMS is responsible to ensure that the data storage devices and local servers are physically secured from unauthorised access.

 

On the basis of the above, CMS has the following safeguards in place:

• Secured access to the building and access by authorised people
• Secured access to the server room and access by authorised people
• Adequate procedures regarding safeguarding the security of laptops and other portable devices, external work devises and the data that they may include
• Adequate procedures in place where paper information needs to be disposed of
• Adequate procedures in place regarding safeguarding of the internal and external firewalls

 

6.3       CMS uses third party data hosting providers (Hostgator) to host its website. For  information about Hostgator’s Terms of Service please refer to “Hostgator’s Terms of Service”.

 

6.4       CMS uses the Cloud Services as offered by CaseWare Cloud Ltd, which uses third party hosting providers (Amazon Web Services) to host its Cloud Services and Subscriber Data on servers that are located within the EU region.

 

For more information about CaseWare Cloud Ltd Cloud Services please refer to “CaseWare Cloud Privacy Notice”.

 

7.0       Duration of these TOU

 

7.1       These TOU shall commence upon your acceptance of the TOU.

 

7.2       These TOU shall be terminated upon the earlier of the following:

- Termination by CMS of these TOU for any reason;

- Discontinuance of the provision of CMS services and products to you;

- Termination of any services agreement between CMS and you or the party that you represent.

 

7.3       Upon the termination of these TOU, the following should take place:

- Termination of the rights and licenses granted to you by CMS through any means;

- Discontinuance of the provision of CMS’s products and services to you;

- You should cease using CMS’s products and services and any other know how provided to you by CMS;

- Any invoices that have not been issued in respect of products and services that were provided to you but were not yet invoiced, should be issued;

- You should pay immediately to CMS all outstanding unpaid invoices, including the above issued invoices;

- CMS shall delete all information and data obtained by you as soon as it considers appropriate, unless otherwise agreed.

 

8.0       Breach of these TOU

 

8.1       In the event that you have been or are in breach or in violation of any term or provision of these TOU, you acknowledge and agree that CMS may discontinue the provision of a part or any of its products or services to you or terminate its provision of products and services to you immediately or as soon as it considers appropriate without notice.

 

Upon breaching these TOU, you acknowledge and agree that these TOU will be terminated as described above, and your right to use any of CMS’s products or services will cease immediately.

 

Your liability of the breach will not be waived, even in the case that CMS discontinues the provision of its products or services to you for any reason, and following this, a breach of TOU comes in light which took place at the time that you were bound by the provisions presented in these TOU.

 

CMS shall not provide you with any refunds or reimbursements.

 

If CMS files an action against you, claiming that you breached these TOU and prevails, then CMS is entitled to recover any related damages, claims, losses, reasonable legal fees and expenses.

 

CMS reserves all its legal rights.

 

8.2       CMS agrees that if you suffer damages that resulted in CMS’s breach of these TOU, then you shall be entitled to obtain actual damages from any court of competent jurisdiction up to the annual license fee and renewal fee amounts as presented in the order form and/or renewal notification related to the license agreement you have with CMS.

 

CMS shall immediately inform you upon noticing that a breach of confidence took place by anybody to whom it has disclosed any Confidential Information obtained from you during the course of its dealings with you. Further, it shall give all necessary assistance to you to prevent, stop or obtain compensation for such a breach or threatened breach.

 

9.0       Force Majeure

 

You agree that CMS will not be held liable to you, if it failed or delayed the performance of its obligations as presented in these TOU, if this was the result of any situation beyond CMS’s control, including but not limited to: act of God, flood, epidemic, terrorist attack, war, fire etc.

 

The same applies in the case that you fail or delay the performance of your obligations to CMS, due to the such circumstances.

 

10.0     Contact us

 

If you have any questions about these TOU, please contact us at:

 

Physical Address:

CMS Systems Solutions Ltd

22 Athinon Street,

Strovolos, Nicosia 2040

Cyprus

 

Postal Address:

P.O.Box 28029

Nicosia 2090

Cyprus

 

Telephone: +357 22817503

Fax: +357 22817516

E-mail: info@cms-ss.com.

 

11.0     Privacy and protection of personal information

 

11.1     For the Privacy Policy that explains what is Personal Information and how CMS collects, uses, holds, protects and processes this information during the course of providing you with a wide range of professional services please refer to the Privacy Policy .

 

11.2     For the Privacy Policy related to the usage of CMS website, please refer to the Website Privacy Policy.

 

12.0     Applicable Law and Jurisdiction

 

These TOU shall be construed and interpreted in accordance with Cyprus Law and shall be subject to the exclusive jurisdiction of the Cyprus courts.

 

13.0     Changes to these TOU

 

CMS reserves the right to change these TOU at any time, and any amended TOU will be posted immediately on the website. You are deemed to have accepted the terms of any amended TOU following your continued use of the website after any amendments.

 

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the CMS Systems Solutions LTD. The use of the Internet pages of the CMS Systems Solutions LTD is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the CMS Systems Solutions LTD. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, the CMS Systems Solutions LTD has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

1. Definitions

The data protection declaration of the CMS Systems Solutions LTD is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

• a) Personal data

Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

• b) Data subject

Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

• c) Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

• d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

• e) Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

• f) Pseudonymisation

Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

• g) Controller or controller responsible for the processing

Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

• h) Processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

• i) Recipient

Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

• j) Third party

Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

• k) Consent

Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

CMS Systems Solutions LTD

Athinon 22, Strovolos

2040 Nicosia

Cyprus

Phone: +357 22817503

Email: info@cms-ss.com

Website: www.cms-ss.com

3. Cookies

The Internet pages of the CMS Systems Solutions LTD use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the dats subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, the CMS Systems Solutions LTD can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

4. Collection of general data and information

The website of the CMS Systems Solutions LTD collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, the CMS Systems Solutions LTD does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the CMS Systems Solutions LTD analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. Contact possibility via the website

The website of the CMS Systems Solutions LTD contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

6. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

7. Rights of the data subject

• a) Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

• b) Right of access

Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

• the purposes of the processing;
• the categories of personal data concerned;
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
• where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
• the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
• the existence of the right to lodge a complaint with a supervisory authority;
• where the personal data are not collected from the data subject, any available information as to their source;
• the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

• c) Right to rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

• d) Right to erasure (Right to be forgotten)

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

• The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
• The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
• The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
• The personal data have been unlawfully processed.
• The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
• The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the CMS Systems Solutions LTD, he or she may, at any time, contact any employee of the controller. An employee of CMS Systems Solutions LTD shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the CMS Systems Solutions LTD will arrange the necessary measures in individual cases.

• e) Right of restriction of processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

• The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
• The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
• The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
• The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the CMS Systems Solutions LTD, he or she may at any time contact any employee of the controller. The employee of the CMS Systems Solutions LTD will arrange the restriction of the processing.

• f) Right to data portability

Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact any employee of the CMS Systems Solutions LTD.

• g) Right to object

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

The CMS Systems Solutions LTD shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

If the CMS Systems Solutions LTD processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the CMS Systems Solutions LTD to the processing for direct marketing purposes, the CMS Systems Solutions LTD will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the CMS Systems Solutions LTD for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may contact any employee of the CMS Systems Solutions LTD. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

• h) Automated individual decision-making, including profiling

Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the CMS Systems Solutions LTD shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the CMS Systems Solutions LTD.

• i) Right to withdraw data protection consent

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the CMS Systems Solutions LTD.

8. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the 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 to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

9. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

10. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

11. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

12. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

This Privacy Policy has been generated by the Privacy Policy Generator of the DGD - Your External DPO that was developed in cooperation with German Lawyers from WILDE BEUGER SOLMECKE, Cologne.