Privacy Policy

Version 4.0 – Effective: June 01, 2026

Controller

Marks Software GmbH
Brock 6
29683 Bad Fallingbostel
Germany

Phone: +49 (0) 151 50 66 28 19
E-Mail: datenschutz@marks-software.de

The controller is also the contact person for data protection questions.

1. General Information

We process your personal data in accordance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

This Privacy Policy applies to the use of our website(s), our software products, SaaS services, domains, web hosting and other services (hereinafter collectively referred to as „Services“).

2. Definitions

MS = Marks Software GmbH

MS Products = MS software products (downloadable or SaaS), MS websites (including marks-software.de and other domains), MS Account

Personal Data = any information relating to an identified or identifiable natural person

3. Purposes and Legal Bases for Processing

We process personal data for the following purposes:

3.1 Contract Performance (Art. 6 para. 1 lit. b GDPR)

– Provision of our software, SaaS services, support and services
– License management, billing, payment processing
– Creation and management of MS accounts

3.2 Legitimate Interests (Art. 6 para. 1 lit. f GDPR)

– Protection against piracy and unauthorized use
– Improvement of our products and services (anonymized usage data)
– Internal documentation and protection of our rights
– Marketing and advertising (to the extent legally permitted)

3.3 Consent (Art. 6 para. 1 lit. a GDPR)

– Marketing communications (newsletter etc.)
– Disclosure to selected third parties for marketing purposes

3.4 Legal Obligations (Art. 6 para. 1 lit. c GDPR)

– Compliance with commercial and tax retention obligations
– Responding to requests from authorities

You may object to processing based on legitimate interests (section 3.2) at any time. You may revoke consent given at any time.

4. Categories of Personal Data

– Contact data (name, address, email, phone)
– Payment and contract data
– Access data (username, password – encrypted)
– Technical data (IP address, cookies, error messages)
– Communication and support data
– Tax and VAT ID (for entrepreneurs)

5. Recipients and Disclosure of Data

We only disclose data where necessary:

– Processors (hosting providers, payment service providers, backup services) – with data processing agreement
– Affiliated companies / partners (as joint controllers)
– Authorities and courts (if legally required)
– Third parties only with your consent or based on legitimate interest (e.g. in case of legal violations)

6. Data Transfers to Third Countries

Data transfers to third countries only take place if an adequacy decision exists or appropriate safeguards are in place (e.g. EU Standard Contractual Clauses). SaaS product servers are located in Germany by default; we offer additional EU locations on request.

7. Storage Period

We store your data only as long as necessary for the respective purpose or due to statutory retention obligations (e.g. 6–10 years under commercial and tax law). After that, the data will be deleted or anonymized.

8. Data Subject Rights

You have the following rights:

– Access to your stored data
– Rectification of inaccurate or incomplete data
– Erasure (“right to be forgotten”)
– Restriction of processing
– Data portability
– Objection to processing (especially based on legitimate interest)
– Withdrawal of consent

To exercise your rights, please send us an email to datenschutz@marks-software.de.

9. Right to Lodge a Complaint

You have the right to lodge a complaint with a supervisory authority. The supervisory authority responsible for us is:

The State Commissioner for Data Protection of Lower Saxony
Prinzenstraße 5
30159 Hannover
Phone: +49 511 120-4500
E-Mail: poststelle@lfd.niedersachsen.de
Website: https://www.lfd.niedersachsen.de

10. Security

We take technical and organizational measures to protect your data (e.g. SSL encryption, access restrictions, regular security audits). All servers containing personal data are located in the EU.

11. Obligation to Provide Data

The provision of certain data is necessary for the conclusion of the contract or the use of our services. Without this data we may not be able to perform the contract or only to a limited extent.

12. Automated Decision-Making / Profiling

We do not use profiling within the meaning of Art. 22 GDPR.

13. Changes to this Privacy Policy

We reserve the right to adapt this Privacy Policy as required. The current version can always be found on our website. In case of material changes, we will inform you actively (e.g. by email or in your MS account).