Data protection policy

Thank you for your interest in our company. Data protection is of a particularly high priority for the management of NTH. The NTH websites can generally be used without providing any personal data. However, if someone wishes to use our company’s special services via our website, the processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, generally we obtain the consent of the person concerned.

The processing of personal data, for example the name, address, e-mail address or telephone number of a person concerned always takes place in accordance with the General Data Protection Regulation and with the country-specific data protection regulations applicable to NTH. By means of this data protection statement, our company wants to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, persons concerned are informed about their rights by means of this data protection statement.

As the one responsible for the processing, NTH has implemented numerous technical and organisational measures to ensure the most complete protection possible for personal data processed through this website. However, complete protection cannot be guaranteed as internet-based data transfers can generally have security gaps. Because of this, each person concerned can communicate personal data to us in alternative ways, for example by telephone.

1. Term definitions

The data protection statement of NTH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection statement should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

Among others, we use the following terms in this data protection statement:

a) Personal data

Personal data is all information that relates to an identified or identifiable natural person (hereinafter “person concerned”). A natural person is considered to be identifiable as long as, directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier or to one or more special charateristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person can be identified.

b) Person concerned

Betroffene Person ist jede identifizierte oder identifizierbare natürliche Person, deren personenbezogene Daten von dem für die Verarbeitung Verantwortlichen verarbeitet werden.

c) Processing

Processing is any process carried out with or without the help of automated procedures or any such series of procedures in connection with personal data such as the collection, recording, organization, arranging, storage, adaptation or change, reading, querying, use, disclosure through transmission, distribution or any other form of provision, comparison or linking, restriction, deletion or destruction.

d) Restriction of processing

Restriction of processing is the labeling of stored personal data with the aim of restricting their future processing.

e) Profiling

Profiling is any type of automated processing of personal data that consists of using this personal data to evaluate certain personal aspects relating to a natural person. In particular, to analyze or predict aspects relating to work performance, economic situation, health, personal preferences, interests, reliability, behavior, whereabouts or relocation of this natural person.

f) Pseudonymisation

Pseudonymisation is the processing of personal data in a way in which the personal data can no longer be assigned to a specific person concerned without the use of additional information, provided that this additional information is stored separately and is subject to technical and organisational measures that ensure that the personal data cannot be assigned to an identified or identifiable natural person.

g) The one responsible or responsible for processing

The one responsible or responsible for processing is the natural or legal person, public authority, agency or other body that alone or jointly with others decides on the purposes and means of processing personal data. If the purposes and means of this processing are specified by Union law or the law of the member states, the one responsible or the specific criteria for his appointment can be provided for in accordance with Union law or the law of the member states.

h) Processor

Processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the one responsible.

i) Recipient

The recipient is a natural or legal person, public authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. Authorities that may receive personal data as part of a specific investigation under Union law or the law of the member states are not considered as recipients.

j) Third party

A third party is a natural or legal person, public authority, institution or other body other than the person concerned, the one responsible, the processor and the persons who are authorized to process the personal data under the direct responsibility of the one responsible or the processor.

k) Consent

Consent is any voluntary, informed and unambiguous declaration of intent given by the person concerned for the specific case in the form of a statement or other unequivocal affirmative action with which the person concerned indicates that they consent to the processing of their personal data.

2. Name and address of the one responsible for processing

The one responsible within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:

E-Mail: contact@nth-mobile.hr

Website: nth.hr

3. Cookies

The internet pages of NTH use cookies. Cookies are text files that are filed and saved on a computer system via an internet browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a character string through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

By using cookies, NTH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

Through a cookie, the information and offers on our website can be optimized in the interests of the user. As already mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to enable users an easier usage of our website. The user of a website that uses cookies, for example, does not have to re-enter their login data every time they visit the website because the website and the cookie stored on the user’s computer system do this for the user. Another example is the cookie of a shopping cart in a web-shop. The web-shop remembers the items that a customer has placed in the virtual shopping cart through a cookie.

The person concerned can prevent the setting of cookies by our website at any time by means of a corresponding setting in the internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the person concerned deactivates the setting of cookies in the internet browser used, in certain circumstances not all functions of our website may be fully usable.

4. Collection of general data and information

The NTH website collects a series of general data and information each time the website is accessed by a person concerned or an automated system. These general data and information are stored in the server’s 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 referrer), (4) the sub-websites that are controlled via an accessing system on our website, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.

By using this general data and information, NTH does not draw any conclusions about the person concerned. This information is required to (1) correctly deliver the content of our website, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website and (4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack. This anonymously collected data and information is therefore statistically and further evaluated by NTH with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data in the server log files are stored separately from all personal data provided by a person concerned.

5. Contact option via the website

Due to legal regulations, the NTH website contains information that enables quick electronic contact to our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a person concerned contacts the one responsible for processing by e-mail or a contact form, the personal data transmitted by the person concerned will be automatically saved. Such personal data transmitted on a voluntary basis by a person concerned to the one responsible for processing are stored for the purpose of processing or contacting the person concerned. This personal data is not passed on to third parties.

6. Routine deletion and blocking of personal data

The one responsible for processing processes and stores personal data of the person concerned only for the period of time that is necessary to achieve the storage purpose or if this is specified by the European directives and regulations or another legislator in laws or regulations, which the one responsible for processing is subject to.

If the purpose of storage no longer applies or if a storage period prescribed by the European directives and regulations or another responsible legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

7. Rights of the person concerned

a)    Right to confirmation

Every person concerned has the right, granted by the European legislator of directives and regulations, to request confirmation from the one responsible for processing as to whether personal data concerning them will be processed. If a person concerned wishes to exercise this right to confirmation, they can contact an employee of the one responsible for processing at any time.

b)    Right to information

Every person concerned affected by the processing of personal data has the right, granted by the European legislator of directives and regulations, to receive information free of charge about the personal data stored about them and a copy of this information from the one responsible for processing at any time. Furthermore, the European directive and regulator has granted the person concerned access to the following information:

• the processing purposes
• the categories of personal data that are processed
• the recipients or categories of recipients to whom the personal data have been disclosed or are still being disclosed, in particular for recipients in third countries or international organizations
• if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
• the existence of a right to correction or deletion of the personal data concerning them or to restriction of processing by the one responsible or a right to object to this processing
• the existence of a right to lodge a complaint with a supervisory authority
• if the personal data are not collected from the person concerned: All available information on the origin of the data
• the existence of automated decision-making including profiling in accordance with Article 22 Paragraph 1 and 4 GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the person concerned

Furthermore, the person concerned has a right to information as to whether personal data has been transmitted to a third country or an international organization. If this is the case, the data subject has the right to receive information about the appropriate guarantees in connection with the transmission.

If a person concerned wishes to exercise this right to information, they can contact an employee of the one responsible for processing at any time.

c)    Right to rectification

Every person concerned affected by the processing of personal data has the right, granted by the European legislator of directives and regulations, to request the immediate rectification of incorrect personal data concerning them. Furthermore, the person concerned has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data – including by means of a supplementary statement.

If a person concerned wishes to exercise this right to rectification, they can contact an employee of the one responsible for processing at any time.

d)    Right to deletion (Right to be forgotten)

Every person concerned affected by the processing of personal data has the right, granted by the European legislator of directives and regulations, to request that the one responsible deletes the personal data concerning them immediately, provided one of the following reasons applies and insofar as the processing is not necessary:

• The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
• The data subject revokes their consent on which the processing was based in accordance with Article 6 Paragraph 1 Letter a GDPR or Article 9 Paragraph 2 Letter a GDPR, and there is no other legal basis for the processing.
• The person concerned objects to the processing in accordance with Article 21 Paragraph 1 GDPR, and there are no overriding legitimate reasons for the processing, or the person concerned objects to the processing in accordance with Article 21 Paragraph 2 GDPR.
• The personal data was processed unlawfully.
• The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the member states to which the one responsible is subject.
• The personal data was collected in relation to the information society services offered in accordance with Article 8 Paragraph 1 GDPR.

If one of the above-mentioned reasons applies and a person concerned wants to have personal data stored at NTH deleted, they can contact an employee of the one responsible for processing at any time. The employee of NTH will arrange for the deletion request to be fulfilled immediately.

If the personal data has been made public by NTH and our company, as the one responsible, is obliged to delete the personal data in accordance with Article 17 Paragraph 1 GDPR, NTH will take appropriate measures, taking into account the available technology and the implementation costs of a technical nature, in order to inform other data processors who process the published personal data that the person concerned has requested the deletion of all links to this personal data or of copies or replications of this personal data from these other data processors, insofar as the processing is not necessary. The employee of NTH will arrange what is necessary in individual cases.

e)    Right to restriction of processing

Every person concerned affected by the processing of personal data has the right, granted by the European legislator of directives and regulations, to request that the one responsible restricts processing if one of the following conditions is met:

• The person concerned disputes the correctness of the personal data for a period that enables the one responsible to check the correctness of the personal data.
• The processing is unlawful, the person concerned refuses to delete the personal data and instead requests that the use of the personal data be restricted.
• The one responsible no longer needs the personal data for the purposes of processing, but the person concerned needs them to assert, exercise or defend legal claims.
• The person concerned has an objection to the processing in accordance with Article 21 Paragraph 1 GDPR and it has not yet been determined whether the legitimate reasons of the one responsible outweigh those of the person concerned.

If one of the above conditions is met and a person concerned would like to request the restriction of personal data stored at NTH, they can contact an employee of the one responsible for processing at any time. The employee of NTH will arrange for the processing to be restricted.

f)     Right to data transferability

Every person concerned affected by the processing of personal data has the right, granted by the European legislator of directives and regulations, to receive the personal data relating to them, which have been made available to the one responsible by the person concerned, in a structured, common and machine-readable format. They also have the right to transfer this data to another person responsible without hindrance from the one responsible to whom the personal data was provided, provided that the processing is based on the consent in accordance with Article 6 Paragraph 1 Letter a GDPR or Article 9 Paragraph 2 letter a GDPR or on a contract according to Article 6 Paragraph 1 letter b GDPR and the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task that is in the public interest or takes place in the exercise of public authority, which has been assigned to the one responsible.

Furthermore, when exercising their right to data transferability in accordance with Article 20 Paragprah 1 GDPR, the person concerned has the right to have the personal data transmitted directly from one person responsible to another, insofar as this is technically feasible and if it does not affect the rights and freedoms of other persons.

To assert the right to data transferability, the person concerned can contact an employee of NTH at any time.

g)    Right to object

Every person concerned affected by the processing of personal data has the right, granted by the European legislator of directives and regulations, to object at any time to the processing of personal data relating to them, which is based on Article 6 Paragraph 1 Letter e or f GDPR. This also applies to profiling based on these provisions.

In the event of an objection, NTH will no longer process the personal data, unless we can prove compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend of legal claims.

If NTH processes personal data in order to operate direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is related to such direct advertising. If the person concerned objects to NTH processing for direct advertising purposes, NTH will no longer process the personal data for these purposes.

In addition, the person concerned has the right, for reasons that arise from their particular situation, to object to the processing of personal data concerning them that is carried out by NTH for scientific or historical research purposes or for statistical purposes in accordance with Article 89 Paragraph 1 GDPR, unless such processing is necessary to fulfill a task in the public interest.

To exercise the right to object, the person concerned can contact directly any employee of NTH or another employee. The person concerned is also free, in connection with the use of information society services, regardless of Directive 2002/58/EC, to exercise their right of objection by means of automated procedures that use technical specifications.

h)    Automated decisions in individual cases including profiling

Every person concerned affected by the processing of personal data has the right, granted by the European legislator of directives and regulations, not to be subjected to a decision based solely on automated processing – including profiling – which has legal effects on them or which significantly affects them in a similar manner, if the decision (1) is not necessary for the conclusion or fulfillment of a contract between the person concerned and the one responsible, or (2) is permissible on the basis of Union or Member State law to which the one responsible is subject and these legal provisions take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the person concerned or (3) is made with the express consent of the person concerned.

If the decision (1) is necessary for the conclusion or fulfillment of a contract between the person concerned and the one responsible, or (2) it is made with the express consent of the person concerned, NTH takes appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the person concerned, including at least the right to obtain intervention by a person on the part of the one responsible, to express their own position and to contest the decision.

If the person concerned wishes to assert rights with regard to automated decisions, they can contact an employee of the one responsible for processing at any time.

i)      Right to withdraw consent under data protection law

Every person concerned affected by the processing of personal data has the right, granted by the European legislator of directives and regulations, to withdraw their consent to the processing of personal data at any time.

If the person concerned wishes to assert their right to withdraw consent, they can contact an employee of the one responsible for processing at any time.

8. Data protection in applications and in the application process

The one responsible for processing collects and processes the personal data of applicants for the purpose of carrying out the application process. The processing can also be done electronically. This is particularly the case if an applicant submits the relevant application documents electronically, for example by e-mail or via a web form on the website, to the one responsible for processing. If the one responsible for processing concludes an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the one responsible for processing does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that deletion does not conflict with any other legitimate interests of the one responsible for processing. Such legitimate interest in this sense would be, for example, a burden of proof in a proceeding under the General Equal Treatment Act (AGG).

9. Legal basis for processing

Article 6 I lit. a GDPR serves our company 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 to fulfill a contract to which the person concerned is party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Article 6 I lit. b GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, for example to fulfill tax obligations, the processing is based on Article 6 I lit. c GDPR. In rare cases, it may be necessary to process personal data in order to protect the vital interests of the person concerned or another natural person. This would be the case, for example, if a visitor to our company were injured and their name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. The processing would then be based on Article 6 I lit. d GDPR. Ultimately, processing operations could be based on Article 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis, if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the person concerned do not prevail. We are particularly permitted to carry out such processing operations because they have been specifically mentioned by the European legislator. In this respect, they took the view that a legitimate interest could be assumed if the person concerned is a customer of the one responsible (recital 47 sentence 2 GDPR).

10. Legitimate interests in processing that are being followed by the one responsible or a third party

If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business activities for the benefit of all our employees and our shareholders.

11. Duration for which the personal data are stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After that period has expired, the relevant data is routinely deleted, provided that it is no longer required for contract fulfillment or contract initiation.

12. Legal or contractual regulations for the provision of personal data; Necessity for the conclusion of the contract; Obligation of the person concerned to provide the personal data; possible consequences of non-provision

We clarify that the provision of personal data is in part required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). In order to conclude a contract, it may sometimes be necessary for a person concerned to provide us with personal data that we subsequently have to process. For example, the person concerned is obliged to provide us with personal data when our company concludes a contract with them. Failure to provide personal data would mean that the contract could not be concluded with the person concerned. Before the person concerned provides personal data, they must contact one of our employees. Our employee explains to the person concerned on a case-by-case basis 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 what consequences the failure to provide the personal data would have.

13. Existence of automated decision-making

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

14. Technical and organization security measures

Control Target	Measure
(1)    Access control The following measures are used to prevent unauthorized people from having physical access to the server infrastructure for data processing, and in particular to legitimize authorized people.	• Data center locked off from generally accessible areas • Access only for authorized employees (visits are generally not permitted) • Access control system (biometric) with logging • Alarm system/locking system with code lock • 24-hour security services with linked alarm system • Video surveillance (exterior, doors and aisles) • Separately locked racks with the ability to use custom locks and keys • Cleaning only by authorized employees
(2) Access Control (User Control) It must be prevented that data processing systems can be used by unauthorized persons.	• Use of firewalls and intrusion detection systems. • For administrative purposes (e.g. maintenance of the infrastructure and systems), only a small group of internal administrators can access the data processing sys-tems via SSH and web interfaces. Only encrypted communication channels are used for this purpose. The connection is established via VPN, TLS and LDAP. • Authentication is always done with username and password (internal pass-word policy) • The user identification must be carried out with personal login data. Sharing login credentials with another person is prohibited. • Secure password management (use of central device administration software with encryption). • For emergencies, system administrators can access the servers with root logins if the usual user authentication does not work properly. The use of the root login is logged.
(3) Access and Storage Control It must be ensured that those authorized to use a data processing system can only access the data that is necessary to perform their tasks (need-to-know) and that is subject to their access authorization, and that customer data (including personal data) are processed, used and after the cannot be read, copied, changed or removed without authorization.	• Protection against unauthorized internal and external access through firewalls, use of authentication and encryption processes. • Secure password assignment according to internal password policy. Depending on the system or application, compulsory regular password changes and automatic blocking. • Privileged administrative access for administrative purposes is never given to clients/customers or external parties. • External access rights to systems and applications are assigned as needed and exclusively to the data subject to their access authorization (creation of user profiles and assignment of user rights). These must be contractually agreed or at least be recorded in the service design (authorization concept). • Authorizations are only assigned by the person responsible for the service/application, unless otherwise agreed in the authorization concept for the respective service/application. The number of administrators is always reduced to the “necessary”. The granting of additional access rights at the request of the client/customer must be made in writing. • At the system level, all accesses are always logged by default. In the case of particularly sensitive data, if required by law or at the request of the client/customer, access is also logged at the application level (entry, modification and deletion, as well as calling up the data). • Safe storage of data carriers • Secure destruction of data carriers by destroying them
(4) Separation control It must be ensured that data collected for different purposes can be processed separately.	• Physical separation of functional and expedient different systems, databases and data carriers. • Defined processes where and how systems, services or applications are in-stalled, delivered and operated (authorization concept at company level) • Separation of productive and test environment • Functional and logical client separation • Defining database rights
(5) Distribution control (disk control, transport control and disclosure control) It must be ensured that customer data (including personal data) cannot be read, copied, changed or removed without authorization during electronic transmission or during their transport or storage on data carriers, and that it can be checked and determined at which points a transmission of Customer data (including personal data) is provided by data transmission facilities.	• The transmission of data always takes place with secure encryption. This applies in particular to personal data. • Privileged actions for administrative purposes, e.g. to carry out migrations, can only be carried out via VPN. Only a small group of employees has VPN access with such authorizations. • All privileged actions at system level are logged (activity log), logging can also be done at application level. • Documents worthy of protection may only be sent in encrypted form (e.g. compressed by e-mail with password protection, whereby the password must be communicated separately via another channel).
(6) Input control and logging It must be ensured that it can be subsequently checked and established whether and by whom customer data (including personal data) has been entered, changed or removed in data processing systems.	• Assignment of access rights for entering, changing and deleting data based on the authorization concept • Logging of the entry, modification and deletion of data is always given at the system level (activity log), at the service/application level if prescribed/required or desired (application purpose and sensitivity of the data). • Traceability of entering, changing and deleting data through individual user names
(7) Availability control and recovery It must be ensured that customer data (including personal data) is protected against accidental or willful destruction or loss.	• Uninterruptible power supply (diesel generator and redundant UPS) • Air conditioning in server rooms • Devices for monitoring temperature and humidity in server rooms • Protective power strips in server rooms (PDUs) • Comprehensive fire protection with gas-assisted fire extinguishing (Inergen) • Creation of a backup and recovery concept • Mirroring of hard disks, e.g. RAID method • Contingency plans that describe in detail error scenarios, precautionary measures and availability measurements • Server rooms not under sanitary facilities • Complete data center infrastructure and services are monitored • Redundant infrastructure
(8) Order control Measures are taken to ensure that personal data processed on behalf of the customer can only be processed in accordance with the instructions of the client.	• If, during maintenance work on the data processing systems, a possible change in personal data cannot be ruled out, NTH will inform the client about this maintenance window. • Change and migration requests that contain personal data must be made in writing by the client. • The data processing takes place in the data center of the NTH, unless the customer explicitly requests other locations (e.g. certain hosting providers). • Ensuring the destruction of data after completion of the order
(9) Organizational and implementation control Processes and workflows are defined for the processing of data, which effectively implement the data protection principles and security guarantees in order to meet the data protection requirements and to protect the rights of those affected.	• Regular training and sensitization of employees to the principles of data protection and IT security • Duty of secrecy regarding trade and business secrets • Proper and careful handling of data, files, data carriers and other documents • Checking the implementation and effectiveness of the technical and organizational protective measures through controls and random samples • Process for incident response management and documentation of security incidents in the ticket system • Formalized process for processing re-quests for information from data subjects • NTH guarantees that the provision of services takes place in compliance with data protection law