Data protection declaration CIS

We process your personal data only to the extent necessary to provide this website and our services. The data will only be processed if permitted by law. If you give your consent, further processing is also possible.

1. Visiting our website

When you visit our website, the browser you use automatically sends information to the server of our website. The following information is temporarily stored in log files:

• date and time of access to the website,
• your Internet Protocol (IP) address,
• Internet service provider of the accessing system,
• type of browser used and the operating system,
• websites from which you accessed our website,
• websites accessed from your system through our website.

The legal basis for the storage of data and log files is Article 6(1), Sentence 1, Litera f GDPR.

The data are processed to ensure the functionality of our website. The data also serve the technical optimisation of the website as well as the security and stability of our information technology systems.

We do not use these data for marketing purposes or to draw conclusions about your person.

The personal data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected.

When the data are stored in log files, the data are deleted after 7 days at the latest.
If any other data are stored, your IP address will be deleted or alienated.
The processing of these data in log files is indispensable for the provision of the website. This means that you have no right of objection here.

When you visit our website, we process further personal data by using certain analysis services. You will find more detailed explanations on this under item IV. of this declaration.

2. Contact

If you contact us (e.g. by e-mail, contact form, telephone or social media), your personal data will be processed in order to process and handle the contact request. The legal basis for this processing of the transmitted data is Article 6(1), Sentence 1, Litera b GDPR. We delete these data as soon as it is no longer necessary to achieve the purpose of their collection, i.e. regularly when the respective conversation with you has ended. The conversation is over when the matter in question has been definitively resolved. Otherwise, the statutory retention periods shall apply. These data will not be passed on to third parties.

3. Processing of creditor data in the context of insolvency proceedings – CIS creditor information system

We have integrated the CIS creditor information system component on our website. CIS is a web system that provides creditors in insolvency proceedings with round-the-clock information on insolvency proceedings and also offers the possibility to support creditors when preparing to file claims and to transmit the recorded data electronically to the responsible insolvency administrator.

(a) Controller / job processor

We, Streitbörger Bielefeld GbR, and specifically the insolvency administrator appointed for the respective proceedings, are responsible for processing in the CIS (for contact details and the data protection officer, see Section II of this Data Protection Declaration).

The operating company of CIS is STP Informationstechnologie AG, Lorenzstraße 29, 76135 Karlsruhe, Germany. It provides CIS for us as a so-called “job processor” in accordance with Article 28 GDPR.

The technical and organizational security measures at STP Portal GmbH were checked by us before their assignment and are still regularly controlled. Your entered data will be transferred via an encrypted connection to a server of STP Portal GmbH located in Germany and will be stored there on our behalf. Subsequently, these data will be retrieved, processed and used by us, i.e. the appointed insolvency administrator and his or her employees, exclusively within the framework of the purpose described above. Your data shall be transmitted using an SSL certificate. Both we and STP Portal GmbH attach great importance to the security of the data processing systems and this site. That is why we use modern data storage and security technologies to provide optimum protection for your data. It goes without saying that our security measures are continuously improved in line with technological developments.

b) For what purposes and on what legal basis are personal creditor data processed?

When using CIS, we, i.e. the appointed insolvency administrator and his or her staff, collect, process and use your personal creditor data (e.g. name, address, contact data such as telephone number and e-mail address as well as bank details) to the extent permitted by law and necessary for the settlement of the relevant insolvency proceedings.

CIS is used in order to be able to offer you as a creditor a comprehensive information service for the insolvency proceedings and your claims at all times, to give you the opportunity to register claims comfortably online, to store the necessary (personal) data (e.g. contact data or bank details) with us, to administer them yourself and to inform the insolvency administrator quickly and easily about any changes, corrections or previously unknown claims data. This also allows us to make our internal work processes more efficient. CIS makes it easier for us or the respective insolvency administrator to fulfil our legal obligations in accordance with the Insolvency Code to ensure the orderly settlement of the insolvency proceedings, including the satisfaction of the insolvency creditors (§ 38 thereof) using the insolvent party’s assets. In addition, data processing within the framework of CIS helps to simplify correspondence with you, to create and maintain the insolvency table and to speed up the payment of any insolvency quota.

In accordance with Article 6(1)f GDPR, data processing by means of the creditor information system (CIS) is necessary to safeguard the legitimate interests of the insolvency administrator and also your interests as a creditor. These interests result from the aforementioned purposes.

If you register in the creditor information system, the processing of the data stored there is also based on your consent to participate in the creditor information system (Article 6(1)a GDPR). This also applies to the data that you enter when filing a claim.

The filing of the claim itself facilitates the orderly settlement of the insolvency proceedings, which also includes the satisfaction of the insolvency creditors (§ 38 of the Insolvency Code) using the insolvent party’s assets. The insolvency administrator is legally obliged to do so under the Insolvency Code. The legal basis for the processing of your data in the context of the filing of claims and satisfaction of the insolvency creditors is therefore also Article 6(1)c GDPR, possibly in connection with the original legal foundation on the basis of which the debtor has already processed your data. If, for example, there is or was a contract between you and the debtor, the performance of which you request by filing a claim, the processing is additionally carried out on the basis of Article 6(1)b GDPR.

(c) Where do the data come from?

Within the framework of insolvency proceedings and especially within the framework of CIS, data are basically collected from you, i.e. you provide the data we require by entering the data in the mask provided for this purpose.

If you received a postal letter from us with information about CIS and an access code, this was possible for us because the power of administration and disposal over the insolvent party’s assets, including the data forming part of the insolvent party’s assets, was transferred to the appointed insolvency administrator when the insolvency proceedings were initiated so that he or she can properly fulfil his or her legal obligations as insolvency administrator. The cover letter, for which we processed only your name or your company name or other business name and address, was solely in your interest, as we merely informed you about the possibility to register your outstanding claims in the table. We collect all other data from you. For the legal bases, see Section 3b).

d) Are you obliged to provide your data?

There is no legal or contractual obligation for you to provide data within the framework of the insolvency proceedings. Without the transfer of your data, however, it may not be possible to include your claim(s) in the insolvency table and thus to participate in the insolvency proceedings. If your data are incomplete, this can lead to the claim being included in the insolvency table but not recognised.

The use of the creditor information system is also completely voluntary. If you do not want to use CIS for your claim(s), you still have the option to submit your claim(s) in writing by post.

e) Who receives my data? Are your data transferred to a third country?

Access to your data is generally only granted to the appointed insolvency administrator and his or her employees, insofar as they are entrusted by the administrator with data processing.

Otherwise, your personal data will only be transferred to third parties to the extent necessary for the proper settlement of the insolvency proceedings. After your data have been retrieved from CIS to file claims, your data will be transferred to the competent insolvency court (see § 175 (1) of the Insolvency Code).

Furthermore, your data may be transmitted to the following categories of recipients: tax offices, tax consultants, lawyers and, if necessary, other service providers with whom we have concluded a job processing agreement in accordance with Article 28 GDPR.

Your data will not be transferred to recipients in countries outside the European Economic Area (“third countries”).

f) How long will your data be stored?

The data entered into CIS are generally only stored for the duration of the insolvency proceedings. After completion of the insolvency proceedings or the residual debt discharge proceedings, your data entered in CIS shall be deleted from the database. However, the data retrieved by the insolvency administrator will be processed by him for a limited period of time if necessary to comply with statutory retention periods or for documentation and verification purposes.

g) To what extent do automated individual decisions or profiling measures take place?

We do not use procedures to carry out automated individual case decisions or profiling measures within the framework of the CIS. The appointed insolvency administrators make all relevant decisions during the proper settlement of the insolvency proceedings.

On the use of cookies within the CIS, see Section IV(2) of this Data Protection Declaration.

Please refer to Section V of this Data Protection Declaration regarding your privacy rights.

Further information about CIS and STP Portal GmbH

Further information and the privacy policy of STP Portal GmbH can be retrieved at https://www.insolvenz-portal.de/datenschutz-datensicherheit. CIS is explained in more detail at https://www.insolvenz-portal.de/produkte/gis.