§ 1 Information on the collection of personal data
(1) In the following, we inform you about the collection and processing of personal data when using our website and the rights to which you are entitled under the EU General Data Protection Regulation (hereinafter: “DS-GVO”).
(2) Personal data is all data that can be related to you personally, e.g. name, address, e-mail addresses, user behaviour.
(3) The responsible party pursuant to Art. 4 (7) of the EU General Data Protection Regulation (GDPR) is greenviu gmbH, Oertelweg 1, D-91522 Ansbach, managing directors: Sebastian Sauber, Dr. Dr. Markus Tröltzsch, Phone: +49 981 14000, E-Mail: email@example.com
(4) When you contact us by e-mail or via a contact form, the data you provide (your e-mail address, name and telephone number, if applicable) will be stored by us in order to answer your questions. We delete the data accruing in this context after the storage is no longer necessary or restrict the processing if there are statutory retention obligations.
(5) If we use commissioned service providers for individual functions of our offer or would like to use your data for advertising purposes, we will inform you in detail about the respective processes below. In doing so, we will also state the defined criteria for the storage period.
§ 2 Your rights
(1) You have the following rights in relation to personal data relating to you:
Right of access (Art. 15 DS-GVO),
Right to rectification or erasure (Art. 16 and 17 DS-GVO),
Right to restriction of processing (Art. 18 DS-GVO),
Right to object to processing (Art. 21 DS-GVO),
Right to data portability (Art. 20 DS-GVO),
Right to revoke the declaration of consent under data protection law (Art. 7 (3) DS-GVO),
Right to complain to a supervisory authority.
Explanation of your rights in detail:
(2.1) Right to information
You may request confirmation from the controller as to whether personal data concerning you is being processed by us. If there is such processing, you can request information from the controller about the following:
a. the purposes for which the personal data are processed;
b. the categories of personal data which are processed;
c. the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
d. the planned duration of the storage of the personal data concerning you or, if concrete information is possible in this respect, criteria for the determination of the storage duration;
e. the existence of a right to rectify or erase personal data concerning you, a right to have processing restricted by the controller or a right to object to such processing;
f. the existence of a right of appeal to a supervisory authority;
g. any available information on the origin of the data, if the personal data are not collected from the data subject;
h. the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information on whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer.
(2.2) Right of rectification
You have a right of rectification and/or completion vis-à-vis the controller if the personal data processed concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.
(2.3) Right of erasure
(2.3.1) You may request the controller to delete the personal data concerning you without delay and the controller is obliged to delete this data without delay if one of the following reasons applies:
a. The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
b. You revoke your consent on which the processing was based pursuant to Art. 6 ( 1) a or Art. 9 (2) a DS-GVO and there is no other legal basis for the processing.
c. You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR.
d. The personal data concerning you have been processed unlawfully.
e. The deletion of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
f. The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8(1) of the GDPR.
(2.3.2) If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested them to erase all links to, or copies or replications of, those personal data.
(2.3.3) The right to erasure does not exist insofar as the processing is necessary
a. to exercise the right to freedom of expression and information;
b. for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
c. for reasons of public interest in the area of public health pursuant to Art. 9 (2) (h) and (i) and Art. 9 (3) DS-GVO;
d. for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) of the GDPR, insofar as the right referred to in paragraph 1 is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
e. to assert, exercise or defend legal claims.
(2.4) Right to restriction of processing
You may request the restriction of the processing of personal data concerning you under the following conditions:
a. if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
b. the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
c. the controller no longer needs the personal data for the purposes of processing, but you need them for the assertion, exercise or defence of legal claims; or
d. if you have objected to the processing pursuant to Art. 21 (1) DS-GVO and it has not yet been determined whether the legitimate reasons of the controller outweigh your reasons.
Where the processing of personal data concerning you has been restricted, such data may be processed, with the exception of storage, only with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or of a Member State. If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
(2.5) Right to information
If you have asserted the right to rectification, erasure and restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this authorisation or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You may claim from the controller to be informed about these recipients.
(2.6) Right to data portability
You have the right to obtain the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance by the controller to whom the personal data has been provided, provided that
a. the processing is based on consent pursuant to Art. 6 ( 1) a DS-GVO or Art. 9 (2) a DS-GVO or on a contract pursuant to Art. 6 (1) b DS-GVO and
b. the processing is carried out with the aid of automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. This must not affect the rights of other persons. The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
(2.7) Right of objection
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6(1)(e) or (f) of the DS-GVO; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.
If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling insofar as it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.
(2.8) Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
(2.9) Automated decision-making in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
a. is necessary for the conclusion or performance of a contract between you and the controller,
b. is permitted by Union or Member State legislation to which the controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or
c. with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.
With regard to the cases referred to in a. and c. above, the controller shall take reasonable steps to safeguard the rights and freedoms of, and the legitimate interests of, the data subject, including at least the right to obtain the intervention of a person from the controller, to express his or her point of view and to contest the decision.
(2.10) Right of appeal
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the GDPR. You can obtain a list of data protection officers and their contact details at: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html
§ 3 Legal basis of the processing
(1) Insofar as we request the consent of the data subject for processing operations involving personal data, Article 6 (1) (a) of the EU General Data Protection Regulation (DSGVO) serves as the legal basis.
(2) When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) lit. b DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
(3) Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 (1) lit. c DSGVO serves as the legal basis.
(4) In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Article 6(1)(d) DSGVO shall serve as the legal basis.
(5) If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the first-mentioned interest, Art. 6 (1) lit. f DSGVO serves as the legal basis for the processing. The legitimate interest of our company lies in the performance of our business activities.
(6) Insofar as instructions are given below on the collection of individual personal data, reference is made separately in each case to the corresponding legal basis.
§ 4 Collection of personal data when visiting our website
(1) In case of informational use of the website only, i.e. if you do not register or otherwise transmit information to us, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure its stability and security (legal basis is Art. 6 para. 1 p. 1 lit. f DS-GVO):
– IP address
– Date and time of the request
– Time zone difference from Greenwich Mean Time (GMT)
– Content of the request (concrete page)
– Access status/HTTP status code
– Data volume transferred in each case
– Website from which the request comes
– Operating system and its interface
– Language and version of the browser software.
(2) In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive assigned to the browser you are using and through which certain information flows to the body that sets the cookie (in this case by us). Cookies cannot execute programs or transfer viruses to your computer. They serve to make the Internet offer more user-friendly and effective overall.
a) This website uses the following types of cookies, the scope and functionality of which are explained below:
– Transient cookies (for this purpose b)
– Persistent cookies (for this purpose c).
b) Transient cookies are automatically deleted when you close the browser. These include in particular the session cookies. These store a so-called session ID, with which various requests of your browser can be assigned to the common session. This enables your computer to be recognised when you return to our website. The session cookies are deleted when you log out or close the browser.
c) Persistent cookies are automatically deleted after a specified period of time, which may vary depending on the cookie. You can delete the cookies in the security settings of your browser at any time.
d) You can configure your browser settings according to your preferences and, for example, refuse to accept third-party cookies or all cookies. Please note that you may not be able to use all the functions of this website.
f) The Flash cookies used are not collected by your browser, but by your Flash plug-in. Furthermore, we use HTML5 storage objects that are stored on your terminal device. These objects store the required data independently of the browser you are using and have no automatic expiry date. If you do not want Flash cookies to be processed, you must install an appropriate add-on, e.g. “Better Privacy” for Mozilla Firefox (https://addons.mozilla.org/de/firefox/addon/betterprivacy/) or the Adobe Flash Killer Cookie for Google Chrome. You can prevent the use of HTML5 storage objects by setting your browser to private mode. We also recommend that you regularly delete your cookies and browser history manually.
§ 5 Further functions and offers of our website
(1) In addition to the purely informational use of our website, we offer various services that you can use if you are interested. For this purpose, you usually have to provide further personal data that we use to provide the respective service and for which the aforementioned data processing principles apply.
(2) In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly monitored.
(3) Furthermore, we may pass on your personal data to third parties if we offer promotions, competitions, contracts or similar services together with partners. You will receive more information on this when you provide your personal data or below in the description of the offer.
(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you about the consequences of this circumstance in the description of the offer.
§ 6 Objection or revocation against the processing of your data
(1) If you have given your consent to the processing of your data, you may revoke this consent at any time. Such a revocation affects the permissibility of the processing of your personal data after you have expressed it to us.
(2) Insofar as we base the processing of your personal data on the balance of interests, you can object to the processing. This is the case if the processing is not necessary, in particular, for the performance of a contract with you, which is shown by us in each case in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will review the situation and either discontinue or adapt the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing.
(3) Of course, you can object to the processing of your personal data for the purposes of advertising and data analysis at any time. You can inform us of your advertising objection at any time using the contact details given in § 1.
§ 7 Newsletter
(1) With your consent, you can subscribe to our newsletter, with which we inform you about our current interesting offers. The advertised goods and services are named in the declaration of consent.
(2) For the registration to our newsletter we use the so-called double-opt-in procedure. This means that after your registration, we will send you an email to the email address you provided in which we ask you to confirm that you wish to receive the newsletter. If you do not confirm your registration within 24 hours, your information will be blocked and automatically deleted after one month. In addition, we store your IP addresses and the time of registration and confirmation. The purpose of this procedure is to be able to prove your registration and, if necessary, to clarify a possible misuse of your personal data.
(3) The only mandatory information for sending the newsletter is your e-mail address. The provision of further, separately marked data is voluntary and will be used to address you personally. After your confirmation, we store your e-mail address for the purpose of sending you the newsletter. The legal basis is Art. 6 para. 1 p. 1 lit. a DS-GVO.4
(4) You can revoke your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You can declare the revocation by clicking on the link provided in every newsletter e-mail, by e-mail to [Newsletter@example.com] or by sending a message to the contact details given in the imprint.
(5) We would like to point out that we evaluate your user behaviour when sending the newsletter. For this evaluation, the emails sent contain so-called web beacons or tracking pixels, which are single-pixel image files that are stored on our website. For the evaluations we link the data mentioned in § 4 and the web beacons with your e-mail address and an individual ID. [OPTIONAL: Links received in the newsletter also contain this ID] [EITHER:] The data is collected exclusively pseudonymously, i.e. the IDs are not linked to your other personal data, a direct personal reference is excluded. [OR:] With the data obtained in this way, we create a user profile in order to tailor the newsletter to your individual interests. In doing so, we record when you read our newsletters, which links you click on in them and infer your personal interests from this. We link this data to actions you have taken on our website. [END of alternatives]
You can object to this tracking at any time by clicking on the separate link provided in each email or by informing us via another contact channel. The information will be stored for as long as you are subscribed to the newsletter. After unsubscribing, we store the data purely statistically and anonymously. [OPTIONAL: Furthermore, such tracking is not possible if you have deactivated the display of images by default in your e-mail program. In this case, the newsletter will not be fully displayed to you and you may not be able to use all the features. If you display the images manually, the above tracking will occur.
§ 8 Use of social media plug-ins
(1) We currently use the following social media plug-ins: Facebook, Google+, LinkedIn. We use the so-called two-click solution. This means that when you visit our site, no personal data is initially passed on to the providers of the plug-ins. You can identify the provider of the plug-in by marking the box with its initial letter or logo. We open up the possibility for you to communicate directly with the provider of the plug-in via the button. Only if you click on the marked box and thereby activate it, the plug-in provider receives the information that you have called up the corresponding website of our online offer. In addition, the data mentioned under § 4 of this declaration is transmitted. In the case of Facebook and Xing, according to the respective providers in Germany, the IP address is anonymised immediately after collection. By activating the plug-in, personal data is therefore transmitted from you to the respective plug-in provider and stored there (in the case of US providers, in the USA). Since the plug-in provider collects the data in particular via cookies, we recommend that you delete all cookies via your browser’s security settings before clicking on the greyed-out box.
(2) We have neither influence on the collected data and data processing operations, nor are we aware of the full extent of the data collection, the purposes of the processing, the storage periods. We also have no information on the deletion of the collected data by the plug-in provider.
(3) The plug-in provider stores the data collected about you as usage profiles and uses these for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (also for non-logged-in users) for the display of needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact the respective plug-in provider to exercise this right. Via the plug-ins, we offer you the opportunity to interact with the social networks and other users, so that we can improve our offer and make it more interesting for you as a user. The legal basis for the use of the plug-ins is Art. 6 para. 1 p. 1 lit. f DS-GVO.
(4) The data transfer takes place regardless of whether you have an account with the plug-in provider and are logged in there. If you are logged in to the plug-in provider, your data collected by us will be directly assigned to your account with the plug-in provider. If you click the activated button and, for example, link to the page, the plug-in provider will also store this information in your user account and share it publicly with your contacts. We recommend that you log out regularly after using a social network, but especially before activating the button, as this allows you to avoid an assignment to your profile with the plug-in provider.
(5) Further information on the purpose and scope of the data collection and its processing by the plug-in provider can be found in the data protection declarations of these providers communicated below. There you will also receive further information about your rights in this regard and setting options to protect your privacy.
(6) Addresses of the respective plug-in providers and URL with their data protection notices:
a) Facebook Inc, 1601 S California Ave, Palo Alto, California 94304, USA; http://www.facebook.com/policy.php; further information on data collection: http://www.facebook.com/help/186325668085084, http://www.facebook.com/about/privacy/your-info-on-other#applications as well as http://www.facebook.com/about/privacy/your-info#everyoneinfo. Facebook has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
b) Google Inc, 1600 Amphitheater Parkway, Mountainview, California 94043, USA; https://www.google.com/policies/privacy/partners/?hl=de. Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
c) LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California 94043, USA; http://www.linkedin.com/legal/privacy-policy. LinkedIn has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
§ 9 Integration of YouTube videos
(1) We have integrated YouTube videos into our online offer, which are stored on http://www.YouTube.com and can be played directly from our website. These are all integrated in “extended data protection mode”, i.e. no data about you as a user is transmitted to YouTube if you do not play the videos. Only when you play the videos, the data mentioned in paragraph 2 are transmitted. We have no influence on this data transmission.
(2) By visiting the website, YouTube receives the information that you have accessed the corresponding subpage of our website. In addition, the data mentioned under § 3 of this declaration are transmitted. This occurs regardless of whether YouTube provides a user account via which you are logged in or whether no user account exists. If you are logged in to Google, your data will be directly assigned to your account. If you do not wish to have your data associated with your YouTube profile, you must log out before activating the button. YouTube stores your data as usage profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact YouTube to exercise this right.
§ 10 Integration of Vimeo
(1) Our website uses plug-ins of the video portal Vimeo. The provider is Vimeo Inc, 555 West 18th Street, New York, New York 10011, USA. The legal basis for the use of the plug-ins is Art. 6 para. 1 p. 1 lit. f DS-GVO.
(2) When you visit one of our pages equipped with a Vimeo plugin, a connection to the Vimeo servers is established. In the process, the Vimeo server is informed which of our pages you have visited. In addition, Vimeo obtains your IP address. This also applies if you are not logged in to Vimeo or do not have an account with Vimeo. The information collected by Vimeo is transmitted to the Vimeo server in the USA.
§ 11 Integration of Google Maps
(1) On this website we use the offer of Google Maps. This allows us to show you interactive maps directly on the website and enables you to use the map function comfortably.
(2) By visiting the website, Google receives the information that you have called up the corresponding sub-page of our website. In addition, the data mentioned under § 4 of this declaration are transmitted. This occurs regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in to Google, your data will be directly assigned to your account. If you do not wish to be associated with your Google profile, you must log out before activating the button. Google stores your data as usage profiles and uses them for the purpose of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right.
§ 12 Integration of Instagram
(1) We use functions of the social media network Instagram of the company Instagram LLC, 1601 Willow Rd, Menlo Park CA 94025, USA on our website. With the functions we can display images and videos. By calling up pages that use such functions, the data mentioned in § 4 (such as IP address, browser data, date, time, cookies) are transmitted to Instagram, stored and evaluated.
(2) If you have an Instagram account and are logged in, this data will be assigned to your personal account and the data stored in it.