Contract on commissioned processing
between
the (natural or legal) person who uses the automated
uses the automated creation of transcripts (hereinafter: “speech recognition”)
hereinafter: “responsible person”
and
audiotranscription – dr. dresing & pehl GmbH – Deutschhausstraße 22a – 35037 Marburg, Germany
Managing directors: Dr. Thorsten Dresing and Thorsten Pehl
Telephone: 0049 (0)6421 / 590 979 0 E-mail: info@audiotranskription.de
hereinafter: “audiotranscription”,
the responsible person and audiotranscription hereinafter jointly: “Parties”.
Preamble
The parties have concluded a contract for the service of transcription of audio files (hereinafter: “main contract”).
Due to the automated transcription, audiotranscription does not receive any knowledge of the content of the audio data provided by the responsible person. However, in the context of the transcription process and the hosting, it is at least technically not impossible that access will take place. Even if access were to occur, audiotran-skription regularly has no way of linking the audio data to a specific person. This would usually only be the case if, for example, the persons involved were named in an interview.
Since for this reason an identification of a natural person and thus a processing of personal data is not excluded, the parties conclude this contract on commissioned processing (hereinafter: “contract”) and thereby concretise the obligations of the parties to data protection which result from the main contract. The agreement shall apply to all activities which are connected with the main agreement and in which audiotranscription, its employees or persons commissioned by audiotranscription may come into contact with personal data of the person responsible.
As it is possible that sensitive data, e.g. concerning political opinions, religious or ideological convictions, are contained, increased security measures are applied to all data.
For this purpose, the Parties agree on the following according to the standard contractual between controllers and processors under Article 28(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council and Article 29(7) of Regulation (EU) 2018/1725 of the European Parliament and of the Council
SECTION I
Clause 1
Purpose and scope
(a) The purpose of these Standard Contractual Clauses (the Clauses) is to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the freemovement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
(b) The controllers and processors listed in Annex I have agreed to these Clauses in order to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679 and/or Article 29(3) and (4) of Regulation (EU) 2018/1725.
(c) These Clauses apply to the processing of personal data as specified in Annex II.
(d) Annexes I to IV are an integral part of the Clauses.
(e) These Clauses are without prejudice to obligations to which the controller is subject by virtue of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.
(f) These Clauses do not by themselves ensure compliance with obligations related to international transfers in accordance with Chapter V of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.
Clause 2
Invariability of the Clauses
(a) The Parties undertake not to modify the Clauses, except for adding information to the Annexes or updating information in them.
(b) This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a broader contract, or from adding other clauses or additional safeguards provided that they do not directly or indirectly contradict the Clauses or detract from the fundamental rights or freedoms of data subjects.
Clause 3
Interpretation
(a) Where these Clauses use the terms defined in Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 respectively,those terms shall have the same meaning as in that Regulation.
(b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 respectively.
(c) These Clauses shall not be interpreted in a way that runs counter to the rights and obligations provided for in Regulation (EU) 2016/679 / Regulation (EU) 2018/1725 or in a way that prejudices the fundamental rights or freedoms of the data subjects.
Clause 4
Hierarchy
In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties existing at the time when these Clauses are agreed or entered into thereafter, these Clauses shall prevail.
SECTION II
OBLIGATIONS OF THE PARTIES
Clause 6
Description of processing(s)
The details of the processing operations, in particular the categories of personal data and the purposes of processing for which the personal data is processed on behalf of the controller, are specified in Annex II.
Clause7
Obligations of the Parties
7.1. Instructions
(a) The processor shall process personal data only on documented instructions from the controller, unless required to do so by Union or Member State law to which the processor is subject. In this case, the processor shall inform the controller of that legal requirement before processing, unless the law prohibits this on important grounds of public interest. Subsequent instructions may also be given by the controller throughout the duration of the processing of personal data. These instructions shall always be documented.
(b) The processor shall immediately inform the controller if, in the processor’s opinion, instructions given by the controller infringe Regulation (EU) 2016/679 / Regulation (EU) 2018/1725 or the applicable Union or Member State data protection provisions.
7.2. Purpose limitation
The processor shall process the personal data only for the specific purpose(s) of the processing, as set out in Annex II, unless it receives further instructions from the controller.
7.3. Duration of the processing of personal data
Processing by the processor shall only take place for the duration specified in Annex II.
7.4. Security of processing
(a) The processor shall at least implement the technical and organisational measures specified in Annex III to ensure the
security of the personal data. This includes protecting the data against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to the data (personal data breach). In assessing the appropriate level of security, the Parties shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purposes of processing and the risks involved for the data subjects.
(b) The processor shall grant access to the personal data undergoing processing to members of its personnel only to the extent strictly necessary for implementing, managing and monitoring of the contract. The processor shall ensure that persons authorised to process the personal data received have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
7.5. Sensitive data
If the processing involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offences (“sensitive data”), the processor shall apply specific restrictions and/or additional safeguards.
7.6. Documentation and compliance
(a) The Parties shall be able to demonstrate compliance with these Clauses.
(b) The processor shall deal promptly and adequately with inquiries from the controller about the processing of data in accordance with these Clauses.
(c) The processor shall make available to the controller all information necessary to demonstrate compliance with the obligations that are set out in these Clauses and stem directly from Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725. At the controller’s request, the processor shall also permit and contribute to audits of the processing activities covered by these Clauses, at reasonable intervals or if there are indications of non-compliance. In deciding on a review or an audit, the controller may take into account relevant certifications held by the processor.
(d) The controller may choose to conduct the audit by itself or mandate an independent auditor. Audits may also include inspections at the premises or physical facilities of the processor and shall, where appropriate, be carried out with reasonable notice.
(e) The Parties shall make the information referred to in this Clause, including the results of any audits, available to the competent supervisory authority/ies on request.
7.7. Use of sub-processors
(a) The processor has the controller’s general authorisation for the engagement of sub-processors from an agreed list. The processor shall specifically inform in writing the controller of any intended changes of that list through the addition or replacement of sub-processors at least 14 days in advance, thereby giving the controller sufficient time to be able to object to such changes prior to the engagement of the concerned sub-processor(s). The processor shall provide the controller with the information necessary to enable the controller to exercise the right to object.
(b) Where the processor engages a sub-processor for carrying out specific processing activities (on behalf of the controller), it shall do so by way of a contract which imposes on the sub-processor, in substance, the same data protection obligations as the ones imposed on the data processor in accordance with these Clauses. The processor shall ensure that the sub-processor complies with the obligations to which the processor is subject pursuant to these Clauses and to Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.
(c) At the controller’s request, the processor shall provide a copy of such a sub-processor agreement and any subsequent amendments to the controller. To the extent necessary to protect business secret or other confidential information, including personal data, the processor may redact the text of the agreement prior to sharing the copy.
(d) The processor shall remain fully responsible to the controller for the performance of the sub-processor’s obligations in accordance with its contract with the processor. The processor shall notify the controller of any failure by the subprocessor to fulfil its contractual obligations.
(e) The processor shall agree a third party beneficiary clause with the sub-processor whereby – in the event the processor has factually disappeared, ceased to exist in law or has become insolvent – the controller shall have the right to terminate the sub-processor contract and to instruct the sub-processor to erase or return the personal data.
7.8. International transfers
(a) Any transfer of data to a third country or an international organisation by the processor shall be done only on the basis
of documented instructions from the controller or in order to fulfil a specific requirement under Union or Member State law to which the processor is subject and shall take place in compliance with Chapter V of Regulation (EU) 2016/679 or Regulation (EU) 2018/1725.
(b) The controller agrees that where the processor engages a sub-processor in accordance with Clause 7.7. for carrying out specific processing activities (on behalf of the controller) and those processing activities involve a transfer of personal data within the meaning of Chapter V of Regulation (EU) 2016/679, the processor and the sub-processor can ensure compliance with Chapter V of Regulation (EU) 2016/679 by using standard contractual clauses adopted by the Commission in accordance with of Article 46(2) of Regulation (EU) 2016/679, provided the conditions for the use of those standard contractual clauses are met.
Clause 8
Assistance to the controller
(a) The processor shall promptly notify the controller of any request it has received from the data subject. It shall not respond to the request itself, unless authorised to do so by the controller.
(b) The processor shall assist the controller in fulfilling its obligations to respond to data subjects’ requests to exercise their rights, taking into account the nature of the processing. In fulfilling its obligations in accordance with (a) and (b), the processor shall comply with the controller’s instructions
(c) In addition to the processor’s obligation to assist the controller pursuant to Clause 8(b), the processor shall furthermore assist the controller in ensuring compliance with the following obligations, taking into account the nature of the data processing and the information available to the processor:
(1) the obligation to carry out an assessment of the impact of the envisaged processing operations on the protection of personal data (a ‘data protection impact assessment’) where a type of processing is likely to result in a high risk to the rights and freedoms of natural persons;
(2) the obligation to consult the competent supervisory authority/ies prior to processing where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk;
(3) the obligation to ensure that personal data is accurate and up to date, by informing the controller without delay if the processor becomes aware that the personal data it is processing is inaccurate or has become outdated;
(4) the obligations in Article 32 of Regulation (EU) 2016/679/
(d) The Parties shall set out in Annex III the appropriate technical and organisational measures by which the processor is required to assist the controller in the application of this Clause as well as the scope and the extent of the assistance required.
Clause 9
Notification of personal data breach
In the event of a personal data breach, the processor shall cooperate with and assist the controller for the controller to comply with its obligations under Articles 33 and 34 of Regulation (EU) 2016/679 or under Articles 34 and 35 of Regulation (EU) 2018/1725, where applicable, taking into account the nature of processing and the information available to the processor.
9.1 Data breach concerning data processed by the controller
In the event of a personal data breach concerning data processed by the controller, the processor shall assist the controller:
(a) in notifying the personal data breach to the competent supervisory authority/ies, without undue delay after the controller has become aware of it, where relevant/(unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons);
(b) in obtaining the following information which, pursuant to Article 33(3) of Regulation (EU) 2016/679, shall be stated in the controller’s notification, and must at least include:
(1) the nature of the personal data including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
(2) the likely consequences of the personal data breach;
(3) the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects. Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.
(c) in complying, pursuant to Article 34 of Regulation (EU) 2016/679, with the obligation to communicate without undue delay the personal data breach to the data subject, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons.
9.2 Data breach concerning data processed by the processor
In the event of a personal data breach concerning data processed by the processor, the processor shall notify the controller without undue delay after the processor having become aware of the breach. Such notification shall contain, at least:
(a) a description of the nature of the breach (including, where possible, the categories and approximate number of data subjects and data records concerned);
(b) the details of a contact point where more information concerning the personal data breach can be obtained;
(c) its likely consequences and the measures taken or proposed to be taken to address the breach, including to mitigate ist possible adverse effects. Where, and insofar as, it is not possible to provide all this information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay. The Parties shall set out in Annex III all other elements to be provided by the processor when assisting the controller in the compliance with the controller’s obligations under Articles 33 and 34 of Regulation (EU) 2016/679
SECTION III
FINAL PROVISIONS
Clause 10
Non-compliance with the Clauses and termination
- Without prejudice to any provisions of Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725, in the event that the processor is in breach of its obligations under these Clauses, the controller may instruct the processor to suspend the processing of personal data until the latter complies with these Clauses or the contract is terminated. The processor shall promptly inform the controller in case it is unable to comply with these Clauses, for whatever reason.
- The controller shall be entitled to terminate the contract insofar as it concerns processing of personal data in accordance with these Clauses if:
(1) the processing of personal data by the processor has been suspended by the controller pursuant to point (a) and if compliance with these Clauses is not restored within a reasonable time and in any event within one month following suspension;
(2) the processor is in substantial or persistent breach of these Clauses or its obligations under Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725;
(3) the processor fails to comply with a binding decision of a competent court or the competent supervisory authority/ies regarding its obligations pursuant to these Clauses or to Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725.
- The processor shall be entitled to terminate the contract insofar as it concerns processing of personal data under these Clauses where, after having informed the controller that its instructions infringe applicable legal requirements in accordance with Clause 7.1 (b), the controller insists on compliance with the instructions. Following termination of the contract, the processor shall, at the choice of the controller, delete all personal data processed on behalf of the controller and certify to the controller that it has done so, or, return all the personal data to the controller and delete existing copies unless Union or Member State law requires storage of the personal data. Until the data is deleted or returned, the processor shall continue to ensure compliance with these Clauses.
Annex I:
List of parties
Controller(s) [Name and contact details of the responsible person(s) as entered in the account].
Processor(s): [Identity and contact details of the processor(s) and, where applicable, of the processor’s data protection officer
Name: dr. dresing & pehl GmbH
Adress: Deutschhausstraße 22a, 35037 Marburg
Contact person´s name, position and contact details:
Thorsten Pehl, Dr. Thorsten Dresing, C.E.Os
+49 6421 590979-0 info@audiotranskription
Data Protection Commissioner
Karsten Krupna Am Sandtorkai 77 20457 Hamburg
+49 (0)40 – 319 769 27 office@krupna.legal
Annex II:
Description of the processing
Categories of data subjects whose personal data is processed
Categories of personal data processed
These details were entered by the responsible person when concluding this contract and are listed in the confirmation e-mail.
Sensitive data processed (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialised training), keeping a record of access to the data, restrictions for onward transfers or additional security measures.
Nature of processing, duration of processing:
See “Detailed description of the workflow”.
Purpose(s) for which the personal data is processed on behalf of the controller:
Automatic transcription according to the main contract.
“Detailed description of the workflow”.
I. Initial situation / brief description of the company
- dresing & pehl GmbH, Deutschhausstraße 22A, 35037 Marburg, Germany, (hereinafter also referred to as: “we”) has been selling software under the brand name “audiotranscription” since 2005 as well as (as an optional supplement to this) so-called “foot switches” for the manual transcription of interviews. The transcription software is mainly used in the university context and is a central component of qualitative method training there.
In the following, we therefore describe our contractual and technical measures to make automatic speech recognition compliant with data protection.
II. clarification of terms
In the following, a distinction is first made between:
- “contract data“, e. data of the person using the service (hereinafter “you”) (i.e. name, address, etc.) and
- “Order data”, i.e. audio files and the corresponding text files that the user uploads to order our services as well as the respective transcribed data. These files may contain personal voice data of the user as well as voice data of third parties (the recorded persons).
III. Information of the customers according to Art. 13 DSGVO
Before or when creating a customer account, you will be informed in detail about the data processing in accordance with Art. 13 DSGVO.
Specifically, the information is provided on the website via the privacy policy, in which, among other things, information is provided in accordance with this document. The privacy policy is also prominently referred to when creating a user account.
IV. Overview of the workflow
You will upload interviews or other language files to a server of dr. dresing & pehl GmbH via a software client (f4transcript or a web client). There, the language files are automatically converted into a text. The generated text is displayed in the software client and can be processed locally. All data uploaded to the server is deleted after transcription and transfer to the software client. The individual steps of this process are explained in more detail below:
Software installation/registration
The prerequisite for using the service is the installation of the f4transcript software or a corresponding web client. Here you must register personally before using the speech recognition service. A corresponding dialogue is displayed by the software to be installed locally. Your registration takes place in the following steps:
Step 1: Assigning a username and password
In the first step, you will be asked to enter your e-mail address, a password of your choice and confirmation that you have read and understood the data protection declaration (which can be viewed via a link). The password to be chosen must meet certain minimum requirements (a combination of upper/lower case, special characters, numbers, at least 10 characters).
The password can be changed after authentication by e-mail. When entering the e-mail address in the corresponding field of the client, a code is sent to the stored e-mail address. Only after entering this code can the password be changed.
Step 2: Confirmation of registration
A code is sent to the deposited account to verify the specified e-mail address. The account is not activated until the customer has entered this code via the login dialogue in the client. Unconfirmed data will be deleted after 6 hours.
Step 3: Conclusion of a contract on commissioned processing (ADV)
After confirming the registration, you will receive a dialogue for concluding an ADV. Here, the contract text including a list of technical and organisational measures and subcontracted processors (server hoster) are listed. You have the option of entering the purpose of the processing and the type of personal data to be processed separately. The text of the contract will be sent by e-mail after confirmation by you (conclusion of the contract pursuant to Art. 28 (9) DSGVO).
Step 3a (optional): Obligation to maintain confidentiality in accordance with § 203 StGB (German Penal Code)
Some groups of persons (e.g. in legal or medical activities) are subject to special provisions on secrecy according to § 203 StGB. In order to enable the processing of data, it is necessary in these cases that we explicitly commit ourselves and subcontractors (beyond the provisions of the ADV) to secrecy in accordance with § 203 StGB. Upon request, you will optionally receive a corresponding commitment in electronic form.
2. activation for the upload of order data
The account will only be activated for the upload of order data to our server after the registration has been completed. The registration information is stored on the voice recognition server and is physically and logically separated from billing data (see section VII. Data processing infrastructure).
3. purchase of time quotas via the online shop
The use of automated speech recognition is made possible on the basis of time quotas. The time quotas can be purchased in advance in the form of credit codes via our online shop. These codes are generated by our activation server (logically and physically separate from the speech recognition server) and sent by e-mail. The codes are not personal and can be used by any (but registered) person to top up their own time quota.
Order data such as name, address, e-mail address, telephone number, date of order and number of items ordered are loaded on the webshop server and on our in-house server in Marburg for billing and accounting purposes and stored in accordance with the statutory retention periods. Payment information (credit card data) is not collected by us, but is transmitted directly via so-called iframes or via payment pages of the respective payment processors to the payment processing companies (PayOne, PayPal). The privacy policy of the webshop has been checked by Trusted Shops. The billing data is logically and physically separated from the order data.
V. Processing of individual orders
As “processing of individual orders” we describe here the uploading of an audio file to our server, the processing there and the download of the finished results until the deletion of the individual order data. The order data is only stored on the server for as long as is necessary for the purposes of the processing. Afterwards, the order data is restored to your computer and stored there locally by you.
1. uploading audio files
Audio files can be uploaded to our server if you are registered and logged in to a client. The client generates an asymmetric key password for each audio file during the upload. The public key is sent to the server together with the audio file during the upload (job key). The private key is encrypted and stored on the client computer with your secret password when using f4transcript. This ensures that the job data can only be decrypted from the registered client. When using f4x via the browser, this password is stored in encrypted form on a separate server (separate from the speech recognition).
The upload to our server takes place via a secure connection. File names are pseudonymised by random but unique names before processing. When using f4transcript already during the upload.
2. editing
For processing, the audio file is decoded by the speech recognition algorithm and converted into a text file. The audio file is deleted immediately after successful conversion to a text file. The finished text file is encrypted with the job’s public key and temporarily stored on the server for retrieval.
The server reports a status for each job to the client. Successfully implemented jobs report the status to the client and activate the “Download” button there.
3. download
The finished text files can be downloaded from the client. After successful download, the text file is decrypted by the private key on the client. When using f4transcript, the combination of public and private key ensures that the results can only be decrypted on the computer from which the job was uploaded. When using f4x via the browser, the result can only be decrypted with correct credentials.
4. deletion
As soon as the server receives the message about the successful download, the file is finally deleted from the server.
If an error occurs during the upload, e.g. because of an unrecognised file format or the connection is interrupted, the incomplete audio file is immediately deleted from the server. The client then receives a corresponding message.
If a result is not collected after 14 days, you will receive a reminder by e-mail. If this notice remains unanswered, you will receive another reminder after 7 days. If the 7-day collection period specified in this reminder expires, the order data will be deleted and the customer will be informed of this by e-mail.
VI. Duration of data storage and data deletion
With regard to the duration of data storage and data deletion, the following differentiation must be made:
- Contract data is initially stored permanently on the voice recognition server for legitimisation and order control. The deletion of the contract data takes place when the account is deleted, provided that no contractual and/or legal retention periods oppose the deletion.
- Order data, i.e. the audio files and the corresponding text files, are stored for the duration of the processing until they are downloaded by you or until the agreed deletion period has expired and are then automatically deleted.
- Supplementary information on the order data, such as file size and date of upload, is stored to enable the processing and billing of the individual orders and to document them. This data is stored for traceability by you and documentation of possible claims for as long as the account is active. When the account is deleted, the data is deleted.
- Order data when purchasing time allotments (e.g. the name, address, e-mail address, telephone number (optional), date of order and number of items ordered) are uploaded to the webshop server and to our in-house server in Marburg for billing and accounting purposes and stored in accordance with statutory retention periods.
Detailed information on the exact data, processing purposes and storage periods is provided in the privacy policy.
VII. Infrastructure for data processing
The infrastructure used for data processing is divided into four physically independent areas. These are in detail:
1. speech recognition server
The “speech recognition server” contains the speech recognition algorithm and manages the order processing and user administration. This is where the order data is temporarily stored during processing. This data is processed on a dedicated root server of Hetzner Online GmbH in Nuremberg or Falkenstein.
The data centre is DIN-ISO/IEC-27001 certified (German accreditation body D-ZM-18855-01-00, certificate number ZN-2016-04). A contract for order processing was concluded on 29.10.2018.
2. webshop
The webshop for the purchase of time quotas and e-mail services run via a server of ALL-INKL.COM Neue Medien Münnich with server locations in Dresden and Friedersdorf. The address data provided by you, the purchased items and the correspondence by e-mail are stored here. A contract for order processing was concluded on 25.05.2018.
This system only stores data for purchase processing and has no contact with personal data (audio files or transcripts) within the scope of this agreement!
3. internal order processing
For billing and accounting purposes, customer data is stored on our own servers at the business premises of dr. dresing & pehl GmbH in Marburg and archived in accordance with statutory retention periods. Access to the data is regulated in particular by an access concept (password, restrictive assignment of rights, etc.).
This system only stores data for purchase processing and financial accounting and has no contact with personal data (audio files or transcripts) within the scope of this agreement!
4. payment processing
We do not store data for credit card payments or direct debit orders. The processing of these payment methods is forwarded directly to the payment service provider BS PAYONE GmbH in Frankfurt am Main via so-called iframes.
Payments by PayPal are made by you directly on the payment page of PayPal (for European customers PayPal (Europe) S.à r.l. et Cie, S.C.A., in Luxembourg).
These systems only store data for payment processing and have no contact with personal data (audio files or transcripts) within the scope of this agreement!
Annex III:
Technical and organisational measures including technical and organisational measures to ensure the security of the data
The following measures ensure the protection of the order data
- Confidentiality
Access control to the business premises of dr. dresing & pehl GmbH (hereinafter “we”)
-Access is secured via a manual locking system.
-Access to the rooms for persons outside the company (e.g. persons visiting us) is restricted or only possible in the company of dr. dresing & pehl GmbH employees. The allocation of keys is restrictive and is documented.
Access control to productive systems
Access to productive systems with sensitive data is password-protected and only personnel with the appropriate security clearance have access. Passwords used must comply with the password concept. Access to external productive systems is exclusively via a secure connection.
Access control
-We ensure that unauthorised access is prevented by means of regular security updates (in accordance with the respective state of the art).
-The transfer from the client to the server is exclusively encrypted. Order data is immediately stored in encrypted containers during the upload. Decryption is only possible on the client from which the upload was started. Regular access to order data by employees of dr. dresing & pehl GmbH is therefore not possible.
-Employees of audiotranscription do not have access to stored order data.
-The user is responsible for the security and updates of the client used.
Data carrier control
-Data carriers used internally are securely deleted or physically destroyed according to a deletion concept.
-It is ensured that server hosters have a suitable concept for deleting/destroying hard disks that are no longer in use.
Separation control
-In audiotranscription’s internal administration system, data for billing (invoice/order processing etc.) is stored physically and logically separate from order data. Data backup also takes place on logically and/or physically separate systems.
-For the Speech Recognition Online Service, order data is stored physically or logically separate from other data. Data backup takes place on logically and/or physically separated systems.
Pseudonymisation
-The user is responsible for the pseudonymisation of the data, especially of file names, before uploading the data.
- Integrity (Art. 32 (1) (b) GDPR)
Transfer control
-All our employees have been trained in accordance with Article 32 (4) of the Data Protection Regulation and are obliged to ensure that personal data is handled in accordance with data protection requirements.
-The data is automatically deleted after the order has been processed.
-Encrypted data transmission is provided to the extent of the service description of the main contract.
Input control
-The data is entered or recorded by the user himself/herself.
-All changes to the data on the server are logged automatically.
III Availability and resilience (Art. 32 (1) (b) GDPR)
Availability control for audiotranscription’s internal management system
-There is a backup and recovery concept with daily backup of all relevant data.
-Expert use of protection programmes (virus scanners, firewalls, encryption programmes, spam filters) that secure the server against unauthorised intrusion.
-Disk mirroring of all relevant servers.
-monitoring the status of all relevant computers.
Availability control for the speech recognition online service
-Use of the hoster’s high security technology.
-Ensure that the hoster has suitable concepts and measures for: use of uninterruptible power supply, backup power supply, permanently active DDoS protection. Use of a software firewall and port regulations, backup and recovery concept with daily data backup. Use of hard disk mirroring mechanisms.
-monitoring of all relevant servers.
Rapid recoverability (Art. 32 para. 1 lit. c DSGVO)
-For all internal systems, direct information channels (messengers) exist to inform the responsible personnel in the event of a fault, in order to restore the system as quickly as possible.
- Procedures for periodic review, assessment and evaluation (Art. 32(1)(d) GDPR; Art. 25(1) GDPR)
A system is in place for regular review, assessment and evaluation of all measures taken.
Order control
Our employees are instructed in data protection law at regular intervals and are familiar with the procedural instructions and user guidelines for data processing on behalf, also with regard to the right to issue instructions to the person responsible and authorised to issue instructions.
Anhang IV:
List of sub-processors
| Name | Adress | Description of the processing |
| Hetzner Online GmbH | Industriestraße 25, 91710 Gunzenhauseninfo(at)hetzner.com |
Hosting, ISO-27001 certified |