DIALux Data Privacy Statement

The data protection policy applicable to the online offers on www.dialux.com can be found here: Data protection policy.

Name and contact details of the responsible processor
The responsible party according to Art. 4, para. 7 of the EU General Data Protection Regulation (GDPR) is:
DIAL GmbH
Bahnhofsallee 18
58507 Lüdenscheid, Germany
Tel. +49 (0) 2351 5674 0
E-Mail dialog(at)dial.de
Website www.dial.de

Contact details of the data protection officer
progressorg GmbH
Höveler Weg 2
58553 Halver, Germany
Tel. + 49 (0) 2353 9096 31
Fax: + 49 (0) 2353 9096 49
E-Mail: datenschutz(at)progressorg.de
Website: www.progressorg.de

Description

DIALux is the world's leading software for professional lighting design and marketing tool for lighting manufacturers. 

These privacy notes apply to the processing of personal data when registering for and using the DIALux software. Personal data means any information relating to an identified or identifiable natural person. Protecting your privacy when you use DIALux is a matter of importance to us. It is for this reason that we provide the following information to make it clear which personal data we process when you register for DIALux and use our software. 

We also explain the legal reason for processing your data and, insofar as such processing is required to safeguard our legitimate interests, provide information about our legitimate interests as well. 

Information about the processing of your data 

Certain information is processed automatically as soon as you register for DIALux. We have set out below precisely which of your personal data are processed. 

(1) Information collected when you register for DIALux 
A registration is required to use DIALux. The following personal data are collected as part of the registration process: 

• First name
• Surname
• E-mail address
• Password
• Date und time of registration

This data processing is justified in its necessity to fulfil the terms of the contract between you as the data subject and us pursuant to Art. 6 (1) (b) GDPR on the use of the software, or (2) we have a legitimate interest in guaranteeing the functional capability and error free operation of DIALux and in offering a software solution that meets market requirements and is in keeping with customer's interests, such legitimate interest outweighing your rights and interests concerning the protection of your personal data pursuant to Art. 6 (1) (f) GDPR. 

(2) Data collected when you use DIALux 
We collect certain data that is required for the use of DIALux. 

Set-up information 
The set-up procedure mainly collects information in order to establish whether or not the set-up was successful and the possible reason why DIALux was not able to be installed: 

• Complete IP address, date and time
• Instance ID
• Evo and set-up version
• Operating system and version
• Operating system language
• Monitor bit resolution and color depth
• RAM (total/free)
• Result of the system test (passed/failed: OS, HW, SSE2, GPU) 
• Result of the OGL check (graphics card, driver version) 

System information 
When DIALux evo is started, the system collects information about your computer's current hardware and software, as well as about other installed DIALux versions and the DIAL infrastructure.

• Complete IP address, date and time 
• Instance ID
• CPU type and cycle rate
• Type designation of the graphics card(s) installed
• Size of the main memory installed
• Number and resolution of the monitors connected
• .Net Framework versions installed
• Version of the service for exchanging DIAL data formats (DCF) required to pass light information to DIALux, for example 
• Selected language and renderer of the DIALux version(s) identified 
• Available DirectX version and functions of the graphics card and driver 
• Operating system version, language and bit width
• DIALux plug-ins installed, incl. manufacturer's name 
• Information on web browsers installed 
• Graphics card information

When DIALux is started, information is read out from the active graphics card and saved on the customer's computer as a text file. The files are located next to the usage information log files. When DIALux is closed, or in case of an error next time the program is started, the files are uploaded to the DIAL server. The following information is recorded: 

• Program version number
• Instance ID
• Process ID and bit width (32/64Bit)
• Time at which the log was created
• Whether or not there was a connection to the Internet when the program was started
• Initialization information from the graphics card
• List of accessible OpenGL information, incl. manufacturer and type of the graphics card, as well as version number of the driver and supported OpenGL version 

User information/log files 
We process the following user information and/or log files:

• Program version number 
• Instance ID
• Process ID and bit width (32/64Bit) 
• Time at which the log was created
• Whether or not there was a connection to the Internet when the program was started 
• User actions (used modes, tools,...), incl. time
• Errors and exceptions that occurred, incl. StackTrace

These user data are processed and used to ensure the proper provision of DIALux. This data processing is justified in its necessity to fulfil the terms of the contract between you as the data subject and us pursuant to Art. 6 (1) (b) GDPR on the use of DIALux. In addition, we process personal data on a case-by-case basis by virtue of our legitimate interest pursuant to Art. 6 (1) (f) GDPR. We have a legitimate interest in guaranteeing the functional capability and error free operation of DIALux and in offering a software solution that is in keeping with market requirements and our interests, such legitimate interest outweighing your rights and interests concerning the protection of your personal data pursuant to Art. 6 (1) (f) GDPR. 

Period of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. This is the case for data collected during the registration process to fulfil the terms of a contract or to take pre-contractual measures if the data are no longer required to execute the contract. Even when the contract is concluded, there may be a need to store the contracting partner's personal data in order to meet contractual or statutory obligations. 

Disclosure and transmission of data 

We disclose your personal data without your express prior consent in addition to the cases mentioned explicitly in this Data Privacy Statement only if permitted by law and/or if necessary. 

Transmission of data to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in order to utilize third-party services, disclose or transmit data to third parties, then this will only happen in order to fulfil our (pre-)contractual obligations, on the basis of your consent, to meet a statutory obligation or by virtue of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the particular requirements of Art. 44 ff. of the GDPR apply. This means, for example, that processing is carried out on the basis of special guarantees, such as the officially recognized establishment of a data protection level in compliance with the EU or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses"). 

Changes in purpose 

Your personal data are processed for purposes other than those described only insofar as this is permitted by a legal provision or you have approved the changed purpose of such data processing. Where data are processed for purposes other than those for which the data were originally collected, we shall advise you, prior to such processing, about these other purposes and make all other relevant information available to you. 

Deletion of data 

The data processed by us will be deleted or have its processing restricted in accordance with Art. 17 and 18 of the GDPR. Unless expressly stated in this Data Privacy Statement, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any legal storage obligations. If the data are not deleted because they are necessary for other legally permissible purposes, the processing of such data will be restricted. This means that the data is blocked and not processed for any other purposes. This applies, for example, to data that need to be retained for commercial or tax reasons. According to legal requirements in Germany, records shall be retained for 6 years in accordance with Section 257 (1) of the HGB (German Commercial Code) (trading books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with Section 147 (1) of the AO (German Fiscal Code) (books, records, progress reports, accounting documents, commercial and business letters, for documents relevant to taxation, etc.). 

Your rights as the data subject 

(1) Right to information 
You have the right to receive from us, at any time upon request, information about your personal data we process pursuant to Art. 15 GDPR. You can make such request by post or e-mail to the address given below. 

(2) Right to rectification of incorrect data 
You have the right to demand that we rectify any incorrect data immediately. Please send your requests in this regard to the contact address given below.

(3) Right to erasure 
You have the right, under the prerequisites set out in Art. 17 GDPR, to demand that we erase your personal data. These prerequisites provide for a right to erasure particularly if the personal data are no longer required for the purposes for which they were collected or otherwise processed, and also in case of unlawful processing or an objection or if there is an obligation to delete according to union law or the law of the member state by which we are governed. For the period of data storage, see also para. 5 of this Data Privacy Statement. To exercise your right to erasure, please contact the addresses given below. 

(4) Right to restriction of processing 
You have the right to demand that we restrict processing pursuant to Art. 18 GDPR. This right exists particularly if there is a dispute over the accuracy of the personal data between the user and us for the period required to verify the accuracy and also if the user demands, under an existing right to erasure, that processing is restricted in lieu of erasure; also if the data are no longer required for the purpose pursued by us, though required by the user to exercise or defend legal claims and also if the successful raising of an objection between us and the user is still in dispute. To exercise your right to restrict processing, please contact us the addresses given below. 

(5) Right to data portability 
Pursuant to Art. 20 GDPR, you have the right to receive from us the personal data concerned, which you provided to us, in a structured, standard and machine readable format. To assert your right to data portability, please contact us at the addresses given below. 

Right to object 

You have the right, on grounds relating to your particular situation, to enter at any time an objection – according to Art. 21 GDPR – against the processing of your personal data, which takes place on the basis of a balancing of interests pursuant to Art. 6 (1) (f) GDPR. We will cease the processing of your personal data unless we can demonstrate compelling and legitimate grounds for the processing that outweigh your interests, rights and freedoms or if the processing serves for the assertion, exercise or defence of legal claims. If you raise such an objection, we therefore ask that you explain the reasons why we should not process your personal data in the manner we have done so. If your objection is justified, we will examine the situation and either cease or adjust the data processing or explain to you our compelling and legitimate reasons as to why we will continue to perform the processing as such. 
Of course, you may object at any time to the processing of your personal data for advertising and data analysis purposes, without this incurring any costs other than those relating to transmission according to the basic tariffs. You may inform us of your objection to such uses via the following contact details: DIAL GmbH, Bahnhofsallee 18, 58507 Lüdenscheid, Germany, Tel. +49 (0) 2351 5674 0, Fax +49 (0) 2351 5674 410, E-Mail dialog(at)dial.de. 

Right of complaint 

In accordance with Art. 77 GDPR, you have the right to lodge a complaint with the supervisory authority if you believe that the processing of your data has been carried out illegitimately. The address of the supervisory authority responsible for our company is: Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen (North Rhine-Westphalia state official for data privacy and information security), Kavalleriestr. 2-4, 40213 Düsseldorf, Germany, email: poststelle(at)ldi.nrw.de. Furthermore, you have the option of contacting the supervisory authority at your usual place of residence.