We appreciate your interest in our company. The management of virtual7 GmbH attaches great importance to data protection. The use of the website of the virtual7 GmbH is possible without any indication of personal data. However, if a data subject wants to use special services of our enterprise via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain the consent of the data subject.
As the controller, the virtual7 GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always be subject to 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.
a) Personal Data
Personal data means any information related to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data Subject
Data subject means any identified or identifiable natural person whose personal data are processed by the Data Controller.
Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Limitation of Processing
The limitation of processing is the marking of stored personal data to limit their future processing.
Profiling is any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular, to analyze or predict aspects relating to that natural person’s job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.
Pseudonymization is the processing of personal data in such a way 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 separate and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
g) Data Controller or Person responsible for Processing
The Data Controller or person responsible for processing 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 designation may be provided for under 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 Data Controller.
Recipient means a natural or legal person, public authority, agency, or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered recipients.
j) Third Party
Third-party means a natural or legal person, public authority, agency, or other body other than the data subject, the Data Controller, the Processor, and the persons authorized to process the personal data under the direct responsibility of the Data Controller or the Processor.
The consent shall mean any freely given indication of the data subject’s wishes for the specific case in an informed and unambiguous manner, in the form of a statement or any other unambiguous affirmative act, by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.
Name and Address of the Data Controller
The responsible party 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:
The data subject can prevent the setting of cookies by our website at any time by using an appropriate setting of the Internet browser used and thus permanently refuse 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.
Collection of General Data and Information
The website of the virtual7 GmbH collects a series of general data and information with each call-up of the website by a data subject or automated system. This general data and information are stored in the log files of the server. The following data 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 accesses our website (the 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 serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, the virtual7 GmbH does not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the contents of our website correctly, (2) to optimize the contents of our website and the advertising for these, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber-attack. Therefore, the virtual7 GmbH analyzes anonymously collected data and information on one hand, and on the other hand, to increase the data protection and data security of our enterprise so that we can ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
Subscription to our Newsletter
On the website of the virtual7 GmbH, users are allowed to subscribe to our enterprise’s newsletter. The personal data transmitted to the Data Controller when the newsletter is ordered is specified in the input mask used for this purpose.
The virtual7 GmbH informs its customers and business partners at regular intervals through a newsletter about enterprise offers. The newsletter of our enterprise can only be received by the data subject, if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter mailing. For legal reasons, a confirmation e-mail will be sent to the e-mail address entered by a data subject for the first time for newsletter dispatch using the double-opt-in procedure. This confirmation e-mail serves to verify whether the owner of the e-mail address as the data subject has authorized the sending of the newsletter.
When registering for the newsletter, we also store the IP address of the computer system used by the data subject at the time of registration, as assigned by the Internet service provider (ISP), as well as the date and time of registration. The collection of this data is necessary to be able to trace the (possible) misuse of the e-mail address of a data subject at a later point in time and therefore serves the legal protection of the Data Controller.
The personal data collected in the context of a registration for the newsletter are used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or a related registration, as could be the case in the event of changes to the newsletter offer or changes in technical circumstances. No personal data collected as part of the newsletter service will be passed on to third parties. The subscription to our newsletter can be canceled by the data subject at any time. The consent to the storage of personal data that the data subject has given us for the newsletter mailing can be revoked at any time. To revoke consent, a corresponding link can be found in each newsletter. Furthermore, it is also possible to unsubscribe from the newsletter mailing directly on the website of the controller at any time or to notify the Data Controller of this in another way.
The newsletters of virtual7 GmbH contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in such e-mails that are sent in HTML format to enable log file recording and log file analysis. This enables a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the virtual7 GmbH may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by the data subject.
Such personal data collected via the tracking pixel contained in the newsletters are stored and evaluated by the Data Controller to optimize the newsletter dispatch and to better tailor the content of future newsletters to the interests of the data subject. This personal data will not be disclosed to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent given in this regard via the double-opt-in procedure. After a revocation, this personal data will be deleted by the controller. The virtual7 GmbH automatically regards a withdrawal from the receipt of the newsletter as a revocation.
Contact via website
Based on legal requirements, the website of the virtual7 GmbH contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the Data Controller by e-mail or by using a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted voluntarily by a data subject to the Data Controller will be stored for processing or contacting the data subject. This personal data will not be disclosed to third parties.
Subscription of Comments on the Blog on the Website
Comments made on the blog of virtual7 GmbH can generally be subscribed by third parties. In particular, a commentator can subscribe to the comments following his or her comment on a specific blog post.
If a data subject opts for the option to subscribe to comments, the Data Controller will send an automatic confirmation e-mail to verify in a double opt-in procedure that the owner of the specified e-mail address has indeed opted for this option. The option to subscribe to comments can be terminated at any time.
Routine Removal and Blocking of Personal Data
The Data Controller processes and stores personal data of the data subject only for the time necessary to achieve the purpose of storage or if this has been provided for by the European Directive and Regulation Authority or another legislator in laws or regulations to which the Data Controller is subject.
If the storage purpose expires or if a storage period prescribed by the European Directive and Regulation Authority or another competent legislator expires, the personal data will be routinely blocked or deleted by legal regulations.
Rights of the Data Subject
a) Right to Confirmation
Every data subject has the right, granted by the European Directive and Regulation, to obtain confirmation from the Data Controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact our Data Protection Officer or another employee of the Data Controller.
b) Right of Access
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Authority, to obtain from the Data Controller, at any time and free of charge, information about the personal data stored about him or her and a copy of that information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:
- o the purposes of the processing
- o the categories of personal data processed
- o the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations
- o if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- o the existence of a right to rectification or erasure of the personal data concerning them or to restriction of processing by the controller or a right to object to such processing
- the right to complain to a supervisory authority
- if the personal data is not collected from the data subject: All available information about the origin of the data
- the existence of automated decision-making, including profiling, according to Article 22(1) and (4) of the German Data Protection Regulation (DS-GVO) and – at least in these cases – meaningful information about the logic involved as well as the scope and the intended effects of such processing for the data subject
Furthermore, the data subject has the right to be informed whether personal data has been transferred to a third country or 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, he or she may, at any time, contact our Data Protection Officer or another employee of the Data Controller.
c) Right of Correction
Every person affected by the processing of personal data has the right granted by the European Directive and Regulation to demand the immediate correction of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data – also through a supplementary declaration – taking into account the purposes of the processing.
If a data subject wishes to exercise this right to rectify, he or she may, at any time, contact our data protection officer or another employee of the Data Controller.
d) Right to Erasure (Right to be Forgotten)
Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain from the Data Controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and where the processing is not necessary:
- The personal data were collected or otherwise processed for a purpose for which they are no longer necessary.
- The data subject revokes the consent on which the processing was based according to Art. 6(1)(a) DS-GVO or Art. 9(2)(a) DS-GVO and there is no other legal basis for the processing.
- The data subject objects to the processing under Art. 21(1) DS-GVO and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing according to Art. 21(2) DS-GVO.
- The personal data have been processed unlawfully.
- The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
- The personal data have been collected concerning information society services offered by Article 8(1) DS-GVO.
If one of the above reasons applies, and a data subject wishes to initiate the erasure of personal data stored by the virtual7 GmbH, he or she may, at any time, contact our Data Protection Officer or another employee of the Data Controller. The Data Protection Officer of the virtual7 GmbH or another employee shall arrange for the erasure request to be complied with immediately.
If the personal data has been made public by the virtual7 GmbH and our company as the responsible party is obliged to delete the personal data according to Art. 17 para. 1 DS-GVO, virtual7 GmbH shall implement reasonable measures, including technical measures, to compensate other data controllers for processing the personal data published, taking into account the available technology and the cost of implementation, to inform the data subject that he or she has requested from those other Data Controllers the erasure of all links to the personal data or copies or replications of the personal data unless the processing is necessary. The Data Protection Officer of the virtual7 GmbH or another employee will arrange the necessary in individual cases.
e) Right to Limitation of Processing
Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain from the Data Controller the restriction of processing where one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject for a period enabling the Data Controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead of the restriction of the use of personal data.
- The Data Controller no longer needs the personal data for the processing, but the data subject needs it for the assertion, exercise, or defense of legal claims.
- The data subject has objected to the processing according to Article 21 (1) DS-GVO and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the virtual7 GmbH, he or she may, at any time, contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of the virtual7 GmbH or another employee will arrange the restriction of the processing.
f) Right to Data Transferability
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to receive the personal data concerning him or her, which have been provided by the data subject to a Data Controller, in a structured, commonly used, and machine-readable format. He or she also has the right to transmit this data to another Data Controller without hindrance from the Data Controller to whom the personal data have been provided, provided that the processing is based on consent according to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract under Article 6(1)(b) of the GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or the exercise of official authority vested in the Data Controller.
Furthermore, when exercising the right to transfer data as described in Article 20(1) of the DS-GVO, the data subject shall have the right to obtain that the personal data be transferred directly from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.
To assert the right to data portability, the data subject may at any time contact the Data Protection Officer appointed by the virtual7 GmbH or another employee.
g) Right to Object
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out based on Article 6(1)(e) or (f) of the DS-GVO. This also applies to profiling based on these provisions.
The virtual7 GmbH shall no longer process the personal data in the event of the objection unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or for the assertion, exercise, or defense of legal claims.
If the virtual7 GmbH processes personal data for direct marketing, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to profiling, in so far as it is related to such direct marketing. If the data subject objects to the virtual7 GmbH to the processing for direct marketing purposes, the virtual7 GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to the processing of personal data concerning him or her which is carried out by the virtual7 GmbH for scientific or historical research purposes, or statistical purposes under Article 89(1) of the Data Protection Regulation (DS-GVO), 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 directly contact the Data Protection Officer of the virtual7 GmbH or another employee. The data subject is also free to exercise his/her right to object through automated procedures using technical specifications in connection with the use of information society services, without regard to Directive 2002/58/EC.
h) Automated Decisions in Individual Cases, Including Profiling
Any data subject concerned by the processing of personal data shall have the right, granted by the European Directive and Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the Controller, or (2) is permitted by Union or Member State law to which the Data Controller is subject, and that law contains suitable 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 the performance of, a contract between the data subject and the data controller, or (2) it is made with the data subject’s explicit consent, the virtual7 GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include at least the right to obtain the data subject’s involvement on the part of the data controller, to express his or her point of view and to challenge the decision.
If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact our Data Protection Officer or another employee of the Data Controller.
i) Right to Withdrawal of Consent under Data Protection Law
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation-maker, to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact our Data Protection Officer or another employee of the Data Controller.
Privacy of Applications and in the Application Procedure
The Data Controller collects and processes the personal data of applicants to handle the application procedure. The processing may also take place electronically. This is particularly the case if an applicant submits relevant application documents to the controller by electronic means, for example by e-mail or via a web form located on the website. If the Data Controller concludes an employment contract with an applicant, the transmitted data will be stored to process the employment relationship in compliance with the legal regulations. If the Data Controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the Data Controller are opposed to such erasure. Another legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the German General Equal Treatment Act (AGG).
Legal Basis of Processing
Art. 6 I lit. a DS-GVO serves our company as the legal basis 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 a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such 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 by which processing of personal data becomes necessary, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data might become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result, his or her name, age, health insurance data, or other vital information had to be passed on to a doctor, hospital, or other third parties. Then the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights, and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European Legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the Data Controller (Recital 47, Sentence 2 DS-GVO).
Legitimate Interests in the Processing Pursued by the Data Controller or a Third Party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our employees and our shareholders.
Duration of Storage of Personal Data
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiry of the period, the corresponding data will be routinely deleted, provided that they are no longer required for the fulfillment or initiation of the contract.
Legal or Contractual Requirements for the Provision of Personal Data
The necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data
We inform you that the provision of personal data is sometimes required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis whether the provision of the 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.
Existence of Automated Decision Making
As a responsible company, we do not use automated decision-making or profiling.
QUESTIONS ABOUT DATA PROTECTION?
The protection of your data is very important to us. Even before the introduction of the DSGVO, it was. We treat personal data strictly confidential and very sensitive. We exclude the transfer or processing of third parties, as long as you do not expressly agree, for example, to receive our newsletter. Do you have questions about data protection, your personal data, or our processes? Please contact us!