- Definition of terms
- a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person is considered identifiable if he or she can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
- b) Data subject
A data subject is any identified or identifiable natural person whose personal data is processed by the party responsible for the processing.
- c) Processing
Processing means any operation or set of operations which is carried out with or without the aid of automated procedures and which relates to personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or any other form of provision, comparison or linking, limitation, deletion or destruction.
- d) Restriction of processing
Restriction of processing is the marking of saved personal data with the aim of restricting its future processing.
- e) Profiling
Profiling is any automated processing of personal data consisting of the use of such personal data in order to evaluate certain personal aspects relating to a natural person, in particular making it possible to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, behaviour, whereabouts or movements of that natural person.
- f) Pseudonymisation
Pseudonymisation means 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 provision of additional information, insofar as such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
- g) Responsible party
The responsible party is the natural or legal person, public authority, institution 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 laid down by EU law or by the law of the Member States, the responsible party or the specific criteria for his or her designation may be determined by EU law or by the law of the Member States.
- h) Data processor
A data processor is a natural or legal person, public authority, institution or other body which processes personal data on behalf of the responsible party. i) Recipient A recipient is a natural or legal person, public authority, institution or other body to whom personal data is disclosed, regardless of whether it is a third party or not. However, authorities which may receive personal data in the context of a specific investigation mandate under EU or Member State law are not considered as recipients.
- j) Third party
Third party means any natural or legal person, public authority, institution or body other than the data subject, the responsible party, the processor and the persons who, under the direct responsibility of the responsible party or the processor, are authorised to process the personal data. k) Consent Consent is any voluntary, informed and unambiguous expression by the data subject of his or her will in the particular case, in the form of a statement or other unequivocal confirmatory act, indicating that he or she consents to the processing of his or her personal data.
- Name and address of the party responsible for the processing
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: VIVANIUM GmbH Lutherstraße 23 69120 Heidelberg Germany Email: firstname.lastname@example.org Website: www.vivanium.com
- Recording of general data and information
The VIVANIUM website records a series of general data and information each time a data subject or an automated system accesses the website. This general data and information is stored in the log files of the server. We can record (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 (so-called referrer), (4) the sub-sites which 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 used to avert dangers in the event of attacks on our information technology systems. In using this general data and information, VIVANIUM does not draw any conclusions about the data subject. This information is needed (1) to correctly deliver the content of our website, (2) to optimise the content of our website and advertising for it, (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. This anonymously collected data and information is evaluated by VIVANIUM both statistically and 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 of the server log files are stored separately from all personal data provided by the data subject.
- Contact possibility via website
VIVANIUM’s website contains information required by law to enable users to contact our company quickly by electronic means and to communicate directly with us, which also includes a general address for electronic post (email address). If a data subject contacts the responsible party for the processing by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Personal data transmitted voluntarily by a data subject to the responsible party is stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.
- Routine deletion and blocking of personal data
The responsible party processes and stores the personal data of the data subject only for the period of time necessary to achieve the purpose of the storage, or where provided for by EU directives or regulations or other laws or regulations to which the responsible party is subject. If the storage purpose no longer applies or if a storage period prescribed by EU directives and regulations or other applicable laws or regulations expires, the personal data will be blocked or deleted routinely and in accordance with the statutory provisions.
- Rights of the data subject
- a) Right to confirmation
Every data subject has the right, granted by EU directives and regulations, to obtain from the responsible party confirmation as to whether personal data relating to him or her is being processed. If a data subject wishes to exercise this right of confirmation, he or she can contact our data protection officer or another employee at any time.
- b) Right to information
Any person affected by the processing of personal data has the right, granted by the EU directives and regulations, to obtain at any time, free of charge, information from the responsible party on the personal data relating to him or her which has been stored, as well as a copy of that information. In addition, under EU directives and regulations, data subjects have a right to the following information: o the purposes of the processing o the categories of personal data to be processed o the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations o if possible, the envisaged duration for which the personal data will be stored or, if this is not possible, the criteria for determining that period o the existence of a right of rectification or deletion of the personal data relating to him or her or of a limitation or right of objection to the processing by the responsible party o the existence of a right of appeal to a supervisory authority o whether personal data is not collected from the data subject: all available information on the origin of the data o the existence of automated decision-making, including profiling, in accordance with Article 22 (1) and (4) of the GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing for the data subject. In addition, the data subject has a right of access to information on whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards in connection with the transfer. If a data subject wishes to exercise this right to information, he or she can contact our data protection officer or another employee at any time.
- c) Right of correction
Any data subject has the right under EU directives and regulations to request the correction without delay of inaccurate personal data concerning him or her. Furthermore, the data subject has the right, having regard to the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement. If a data subject wishes to exercise this right of correction, he or she can contact our data protection officer or another employee of the responsible party at any time.
- d) Right of deletion (right to be forgotten)
Any data subject has the right under EU directives and regulations to require the responsible party to erase personal data concerning him or her without delay, if one of the following reasons applies and if the processing is not necessary: o The personal data was collected or otherwise processed for purposes for which it is no longer necessary. o The data subject revokes his/her consent to which the processing was based under Art. 6 Section 1 a or Art. 9 Section 2 a GDPR, and there is no other legal basis for the processing. o If under Art. 21 Section 1 GDPR the data subject objects to the processing and there are no rights which take priority in terms of processing, or the data subject objects to the processing in accordance with Art. 21 Section 2 of the GDPR o The personal data has been processed unlawfully o The deletion of the personal data is necessary to fulfil a legal obligation under EU law or the law of the Member States to which the responsible party is subject o The personal data has been collected in relation to information society services offered in accordance with Art. 8 Section 1 GDPR. If one of the above reasons applies and a data subject wishes to have personal data stored at VIVANIUM deleted, he or she can contact our data protection officer or another employee at any time. VIVANIUM’s data protection officer or another employee will ensure that the request for deletion is complied with immediately. If VIVANIUM has made the personal data public and our company, as the responsible party, is obliged to delete the personal data in accordance with Art. 17 Section 1 GDPR, VIVANIUM will take appropriate measures, also of a technical nature, taking into account the available technology and the implementation costs, to inform other responsible parties who process the published personal data that the data subject has requested these other responsible parties to delete all links to this personal data or copies or replications of this personal data, insofar as this processing is not required. The data protection officer of VIVANIUM or another employee will take the necessary steps in individual cases.
- e) Right to restriction of processing
Any person affected by the processing of personal data has the right under EU directives and regulations to request the responsible party to limit the processing if one of the following preconditions is met: o The accuracy of the personal data is contested by the data subject for such a period as to enable the data controller to verify the accuracy of the personal data. o The processing is unlawful, the data subject denies the deletion of the personal data and instead requests the restriction of the use of the personal data. o The responsible party no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise or defence of legal claims. o The data subject has lodged an objection against the processing in accordance with Art. 21 Section 1 of the GDPR and it is not yet clear whether the legitimate reasons of the responsible party outweigh those of the data subject. If one of the above preconditions is met and a data subject wishes to request the restriction of personal data stored at VIVANIUM, he or she can contact our data protection officer or another employee at any time. The data protection officer of VIVANIUM or another employee will arrange for the processing to be restricted.
- f) Right to data transferability
Any data subject has the right under EU directives and regulations to obtain personal data concerning him or her provided by the data subject to a responsible party in a structured, common and machine-readable format. He or she also has the right to communicate this data to another responsible party without being hampered by the responsible party to whom the personal data was made available, provided that the processing is carried out with consent in accordance with Art. 6 Section 1 a GDPR or Art. 9 Section 2 a GDPR or under a contract in accordance with Art. 6 Section 1 b 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 in the exercise of official authority vested in the responsible party. In addition, when exercising their right to data transferability in accordance with Art. 20 Section 1 GDPR, data subjects have the right to request that personal data should be transferred directly from one responsible party to another responsible party, insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons. In order to assert the right to data transferability, the data subject may at any time contact the data protection officer appointed by VIVANIUM or another employee.
- g) Right to objection
Any data subject has the right under EU directives and regulations to object at any time, for reasons related to his/her particular situation, to the processing of personal data concerning him/her under Art. 6 Section 1 e or f of the GDPR. This also applies to profiling based on these provisions. In the event of an objection, VIVANIUM will no longer process the personal data unless we can prove compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims. If VIVANIUM processes personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of the personal data for the purpose of such marketing. This also applies to profiling in so far as it is related to such direct marketing. If the data subject objects to VIVANIUM processing data for direct marketing purposes, VIVANIUM will no longer process the personal data for these purposes. In addition, the data subject has the right, for reasons relating to his or her particular situation, to object to the processing of personal data concerning him or her carried out by VIVANIUM for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Section 1 GDPR, unless such processing is necessary for the performance of a task in the public interest. In order to assert the right of objection the data subject may at any time contact the data protection officer appointed by VIVANIUM or another employee. The data subject is also free to exercise his or her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
- h) Automated decisions in individual cases, including profiling
All data subjects have the right under EU directives and regulations not to be subject to a decision based solely on automated processing, including profiling, which has legal effects on them or significantly affects them in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the responsible party, or (2) is admissible by virtue of EU or national law or rules of the Member States to which the responsible party is subject and which provide for adequate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or (3) is taken with the express consent of the data subject. If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the responsible party, or (2) is taken with the express consent of the data subject, VIVANIUM will take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to have the data subject intervene, to state his or her point of view and to challenge the decision. If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact our data protection officer or another employee for this purpose.
- i) Right to revoke consent under data protection law
Any data subject has the right under EU directives and regulations to revoke consent to the processing of personal data concerning him or her. If the data subject wishes to exercise his or her right to revoke such consent, he or she may at any time contact our data protection officer or another employee for this purpose.
- Data protection with regard to applications and the application process
The responsible party collects and processes the personal data of applicants for the purpose of carrying out the application procedure. Processing may also be carried out electronically. This is particularly relevant if the applicant sends the relevant application documents to the responsible party by electronic means, for example by email or via a form on the website. If the data controller concludes an employment contract with an applicant, the transferred data will be stored for the purpose of processing the employment relationship in accordance with the statutory provisions. If the responsible party does not conclude a contract of employment with the candidate, the application file will be automatically deleted two months after notification of the rejection decision, unless deletion conflicts with any other legitimate interests of the responsible party. Other legitimate interests in this sense include, for example, the duty to provide evidence in proceedings under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG).
- Data protection regulations on the use and application of LinkedIn
- Data protection regulations on the use and application of Xing
- Legal basis for processing
Art. 6 Section 1 a GDPR serves our company as a legal basis for processing operations in which we obtain consent for a specific processing purpose. Where the processing of personal data is necessary for the performance of a contract to which the data subject is a party, such as in the case of processing operations necessary for the supply of goods or for the rendering of any other service, the processing is based on Art. 6 Section 1 b GDPR. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, such as in cases of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 Section 1 c GDPR. In rare cases, the processing of personal data may 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 to our business was injured and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. The processing would then be based on Art. 6 Section 1 d GDPR. Ultimately, processing operations could be based on Art. 6 Section 1 f GDPR. Processing operations which are not covered by any of the aforementioned 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 fundamental freedoms of the data subject do not predominate. Such processing operations are permitted to us in particular because they have been specifically mentioned by the EU legislators. In this respect they took the view that a legitimate interest could be assumed if the data subject was a customer of the responsible party (Recital 47 Sentence 2 GDPR).
- Legitimate interests in the processing pursued by the responsible party or by a third party
If the processing of personal data is based on Article 6 Section 1 f GDPR, our legitimate interest is the conduct of our business for the benefit of all our employees and shareholders.
- Period for which personal data will be stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After expiry of this period, the corresponding data will be routinely deleted insofar as it is no longer required for the fulfilment or initiation of a contract.
- Legal or contractual provisions governing the provision of personal data; 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 would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for the conclusion of a contract for a data subject to provide us with personal data which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data when our company concludes a contract with him or her. Failure to provide personal data would mean that the contract may not be concluded with the data subject. Before the provision of 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 personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and what consequences the non-availability of the personal data would have.
- Existence of an automated decision making process
As a responsible company, we refrain from automatic decision-making or profiling.
- Online presences in social media
- Integration of third-party services and content
Within our online offer we include content or service offerings from third party providers in relation to our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 Section 1 f. GDPR) in order to integrate their content or services, such as videos or fonts (hereinafter uniformly referred to as the “content”). This always presupposes that the third-party providers of this content perceive the IP address of the user, since they would not be able to send the content to the relevant browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavour to use only such content whose respective providers use the IP address only for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include technical information about the browser and operating system, referring websites, visit times and other information about the use of our website, and may also be linked to such information from other sources.
- Google Maps
- Google Fonts