The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to Soft-Mark LLC. Through this privacy policy, our company wishes to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this privacy policy informs data subjects about their rights.

As the controller, Soft-Mark LLC has implemented numerous technical and organizational measures to ensure the most complete protection possible of the personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions

The privacy policy of Soft-Mark LLC is based on the terminology used by the European legislators and regulators when enacting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and understand for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

We use the following terms in this privacy policy, among others:

Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"). A natural person is considered identifiable if they can be identified directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier, or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural, or social identity of that natural person.

A data subject is any identified or identifiable natural person whose personal data is processed by the controller.

Processing means 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, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, distribution or otherwise making available, alignment or combination, restriction, erasure or destruction.

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

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

Pseudonymization 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 organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

The controller or processor 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.

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

A recipient is a natural or legal person, public authority, agency, or another body to which personal data are disclosed, whether a third party or not. However, public authorities that 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.

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

Consent 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

The controller 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:

Soft-Mark LLC

1401 Pennsylvania Ave, STE 105
19806 Wilmington, Delaware
USA

contact@soft-mark.com

Website: https://www.Soft-Mark.com/

3. Cookies

The Soft-Mark LLC websites use cookies. Cookies are text files that are stored 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 string of characters that can be used to assign websites and servers 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, Soft-Mark LLC can provide users of this website with more user-friendly services that would not be possible without the use of cookies.

Cookies enable us to optimize the information and offers on our website for the benefit of the user. As already mentioned, cookies enable us to recognize users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, users of a website that uses cookies do not have to re-enter their access data each time they visit the website, because this is done by the website and the cookie stored on the user's computer system. Another example is the cookie for a shopping cart in an online shop. The online shop uses a cookie to remember the items that a customer has placed in their virtual shopping cart.

The data subject 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 data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

4. Collection of general data and information

The Soft-Mark LLC website collects a range of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server log files. The following may be collected: (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 accessed 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 serves to avert danger in the event of attacks on our information technology systems.

When using this general data and information, Soft-Mark LLC does not draw any conclusions about the data subject. Rather, this information is required in order to (1) deliver the content of our website correctly, (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) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by Soft-Mark LLC on the one hand statistically and on the other hand 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 we process. The anonymous data in the server log files is stored separately from all personal data provided by a data subject.

5. Subscription to our newsletter

On the Soft-Mark LLC website, users are given the opportunity to subscribe to our company's newsletter. The personal data transmitted to the controller when ordering the newsletter is determined by the input mask used for this purpose.

Soft-Mark LLC informs its customers and business partners at regular intervals about the company's offers by means of a newsletter. The newsletter of our company can only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject registers for the newsletter. For legal reasons, a confirmation email is sent to the email address entered by a data subject for the first time for the newsletter dispatch using the double opt-in procedure. This confirmation email serves to verify that the owner of the email address has authorized the receipt of the newsletter as the data subject.

When registering for the newsletter, we also store the IP address assigned by the Internet service provider (ISP) of the computer system used by the data subject at the time of registration ( ) as well as the date and time of registration. The collection of this data is necessary in order to be able to trace any (possible) misuse of the email address of a data subject at a later point in time and therefore serves to provide legal protection for the controller.

The personal data collected in the context of a newsletter subscription is used exclusively for the purpose of sending our newsletter. Furthermore, subscribers to the newsletter may be informed by email if this is necessary for the operation of the newsletter service or for registration in this regard, as may be the case in the event of changes to the newsletter offer or changes to the technical conditions. The personal data collected as part of the newsletter service will not be passed on to third parties. The data subject can unsubscribe from our newsletter at any time. The consent to the storage of personal data that the data subject has given us for the purpose of sending the newsletter can be revoked at any time. For the purpose of revoking consent, a corresponding link is provided in each newsletter. Furthermore, it is also possible to unsubscribe from the newsletter at any time directly on the website of the controller or to inform the controller in another way.

6. Newsletter tracking

The newsletters of Soft-Mark LLC contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in emails sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns to be carried out. Using the embedded tracking pixel, Soft-Mark LLC can recognize whether and when an email has been opened by a data subject and which links in the email have been accessed by the data subject.

Such personal data collected via the tracking pixels contained in the newsletters is stored and evaluated by the controller in order to optimize the newsletter dispatch and to tailor the content of future newsletters even better to the interests of the data subject. This personal data is not passed on to third parties. Data subjects are entitled to revoke their separate declaration of consent given via the double opt-in procedure at any time. After revocation, this personal data will be deleted by the controller. Soft-Mark LLC automatically interprets unsubscribing from the newsletter as revocation.

7. Contact option via the website

Due to legal requirements, the website of Soft-Mark LLC contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the controller is stored for the purpose of processing or contacting the data subject. This personal data is not passed on to third parties.

8. Routine deletion and blocking of personal data

The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or if this has been provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.

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

9. Rights of the data subject

Every data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning them are being processed. If a data subject wishes to exercise this right of confirmation, they may contact an employee of the controller at any time.

Every person affected by the processing of personal data has the right granted by the European Directive and Regulation to obtain from the controller, at any time and free of charge, information about the personal data stored about them and a copy of this information. Furthermore, the European Directive and Regulation grants the data subject the right to obtain the following information:

Furthermore, the data subject has the right to obtain information as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.

If a data subject wishes to exercise this right of access, they may contact an employee of the controller at any time.

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

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

Any person affected by the processing of personal data has the right granted by the European legislator to request the controller to erase personal data concerning them without undue delay, provided that one of the following reasons applies and insofar as the processing is not necessary:

If one of the above reasons applies and a data subject wishes to request the erasure of personal data stored by Soft-Mark LLC, they may contact an employee of the controller at any time. The employee of Soft-Mark LLC will ensure that the erasure request is complied with immediately.

If the personal data has been made public by Soft-Mark LLC and our company is obliged to delete the personal data as the controller pursuant to Art. 17 (1) GDPR, Soft-Mark LLC shall take appropriate measures, including technical measures, taking into account the available technology and implementation costs, to inform other controllers who process the published personal data that the data subject has requested these other data controllers to delete all links to this personal data or copies or replications of this personal data, unless processing is necessary. The employee of Soft-Mark LLC will take the necessary steps in each individual case.

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to request the controller to restrict processing if one of the following conditions is met:

If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by Soft-Mark LLC, they may contact an employee of the controller at any time. The Soft-Mark LLC employee will arrange for the restriction of processing.

Every person affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Art. 6 (1) (a) GDPR or Art. Furthermore, when exercising their right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to obtain the transfer of the personal data directly from one controller to another controller.

Furthermore, when exercising their right to data portability pursuant to Art. 20 (1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another controller, insofar as this is technically feasible and does not adversely affect the rights and freedoms of others.

To assert the right to data portability, the data subject may contact an employee of Soft-Mark LLC at any time.

Any person affected by the processing of personal data has the right granted by the European legislator to object, on grounds relating to their particular situation, at any time to the processing of personal data concerning them which is based on Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.

Soft-Mark LLC will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing serves to assert, exercise, or defend legal claims.

If Soft-Mark LLC processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing purposes. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to Soft-Mark LLC processing for direct marketing purposes, Soft-Mark LLC will no longer process the personal data for these purposes.

In addition, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them carried out by Soft-Mark LLC for scientific or historical research purposes or for statistical purposes in accordance with Art. 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

To exercise the right to object, the data subject may contact any employee of Soft-Mark LLC or another employee directly. The data subject is also free to exercise their right to object in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

Any person affected by the processing of personal data has the right granted by European legislators and regulators not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and that law provides for appropriate measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is based on the data subject's explicit consent.

If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is based on the data subject's explicit consent, Soft-Mark LLC shall implement appropriate measures to safeguard the data subject's rights and freedoms and legitimate interests, which shall include at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.

If the data subject wishes to assert rights in relation to automated decisions, they may contact an employee of the controller at any time.

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

If the data subject wishes to exercise their right to withdraw consent, they may contact an employee of the controller at any time.

10. Legal basis for processing

Art. 6 I lit. a GDPR serves as the legal basis for our company for processing operations in 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, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our premises were injured and their name, age, health insurance details, or other vital information had to be passed on to a doctor, hospital, or other third party. In this case, the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the above 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 data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this regard, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2 of the GDPR).

11. Legitimate interests in processing pursued by the controller or a third party

If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the performance of our business activities for the benefit of all our employees and our shareholders.

12. Duration for which personal data is stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of this period, the corresponding data is routinely deleted, provided that it is no longer required for the performance or initiation of a contract.

13. Legal or contractual requirements for the provision of personal data; necessity for the conclusion of a contract; obligation of the data subject to provide personal data; possible consequences of non-provision

We would like to inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., information on the contractual partner). In some cases, it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which we must then process. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will explain to the data subject on a case-by-case basis whether the provision of 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 the consequences of not providing the personal data would be.

14. Existence of automated decision-making

As a responsible company, we refrain from automated decision-making or profiling.

Updated: November 15, 2025