a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter the ‘data subject’). A natural person is considered to be identifiable, if he or she can be identified directly or indirectly, in particular by associating them with an identifier such as a name, with an identification number, with location data, with an online identifier, or with one or more special characteristics that point to the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
b) Data subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller.
Processing is any process performed with or without the aid of automated procedures or any such set of processes associated with personal data such as collecting, capturing, organising, filing, storing, adapting or modifying, reading, querying, using, disclosing through transmission, dissemination or other forms of provision, adjusting or linking, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the goal to limit their future processing.
Profiling is any type of automated processing of personal data, which consists of using that personal information to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects of work performance, economic condition, health, personal preferences, interests, reliability, behaviour, whereabouts or relocation of that natural person.
Pseudonymisation 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 organisational measures to ensure that the personal data are not assigned to an identified or identifiable natural person.
g) Controller or person responsible for processing data
The controller or person responsible for processing data is any natural or legal person, public authority, institution or other body that, alone or in conjunction with others, decides on the purposes and means of processing personal data. Where the purposes and means of such processing are determined by European Union law or the law of the Member States, the controller or the specific criteria for his designation may be provided for under European Union law or Member States law.
The processor is a natural or legal person, public authority, institution or other body that processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, institution or other body to whom personal data is disclosed, regardless of whether or not he or she is a third party. However, authorities that may receive personal data under European Union law or Member States law in connection with a particular test request are not considered recipients.
j) Third party
A third party is a natural or legal person, public authority, institution or other body other than the data subject, the controller, the processor and the persons authorised under the direct responsibility of the controller or processor to process the personal data.
Consent is any of the data subject’s voluntary declaration of intent for the particular case in an informed and unequivocal manner in the form of a statement or other unambiguous confirmatory act by which the data subject indicates that he or she agrees to the processing of his or her personal data.
Name and address of the data controller
The controller responsible as defined in the General Data Protection Regulation, other data protection laws in the Member States of the European Union and other provisions pertaining to data protection is: V/G Ventures AG Gartenstrasse 7 6300 Zug Switzerland Tel.: +41 41 725 25 26 Email: email@example.com Website: https://www.vg-ventures.coom/
Collection of general data and information
The website of V/G Ventures AG collects a range of general data and information each time the website is accessed by a data subject or an automated system. This general data and information are stored in the log files of the server. Captured data includes (1) browser types and versions, (2) the operating system used by the accessing system, (3) the website from which an accessing system reached our website (so-called referrers), (4) the sub-pages that are reached via an accessing system on our website, (5) the date and time of access to the website, (6) the Internet Protocol address (IP address), (7) the internet service provider of the accessing system, and (8) other similar data and information used in the event of attacks on our information technology systems. While handling this general data and information, V/G Ventures AG does not draw any conclusions about the data subject. Rather, this information is required in order (1) to correctly deliver the contents of our website, (2) to optimise the content of our website and to promote it, (3) to ensure the continued functioning of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber-attack. This anonymously collected data and information is therefore statistically and further evaluated by V/G Ventures AG with the goal of increasing data protection and data security in our company in order to ultimately ensure the best possible level of protection for personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
Subscription to comments in the blog on the website
The comments posted in the blog of V/G Ventures AG can generally be subscribed to by third parties. Specifically, there is the possibility that a commentator subscribes to the comments following a comment on a particular blog post. If a data subject decides to subscribe to the option to comment, the controller will send an automatic confirmation email using the double opt-in procedure to verify that the owner of the specified email address has actually opted for this option. The option to subscribe to comments can be terminated at any time.
Routine deletion and blocking of personal data
The controller processes and stores the data subject’s personal data only for the period necessary to achieve the purpose of the storage or as provided for in laws or regulations by the European directive and regulatory body or another legislator governing the data controller. If the purpose of the storage does not apply or if a storage period prescribed by the European directive and regulatory body or any other relevant legislature expires, the personal data will be routinely and in accordance with the statutory provisions blocked or deleted.
Rights of the data subject
a) Right to confirmation
As granted by the European directive and regulatory body, each data subject has the right to require the controller to confirm whether personal data relating to him or her is being processed. If a data subject wishes to make use of this right of confirmation, they can contact an employee of the controller at any time.
b) Right to information
Any data subject affected by the processing of personal data shall have the right granted by the European directive and regulatory body at any time to request from the controller any information relating to the personal data stored about him or her and a copy of such information free of charge. In addition, the European directive and regulatory body grants the data subject the right to the following information:
– the processing purposes
– the categories of personal data being processed
the recipients or categories of recipients to whom the personal data have been disclosed or are still being disclosed, in particular to recipients in third countries or to international organisations
– if possible, the planned storage duration of the personal data or, if that is not possible, the criteria for determining that duration
– the existence of a right to rectification or erasure of the personal data related to them, or to the restriction of processing by the controller or a right to object to such processing
– the existence of a right of appeal to a supervisory authority
if the personal data are 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 GDPR and (at least in these cases) meaningful information on the logic involved and the scope and intended impact of such processing on the data subject
Moreover, the data subject has a right of access as to whether personal data have been transmitted to a third country or to an international organisation. If that is the case, then the data subject has the right to obtain information about the appropriate guarantees related to the transmission. If a data subject wishes to make use of this right to information, they can contact an employee of the controller at any time.
c) Right to rectification
Any data subject affected by the processing of personal data has the right granted by the European directive and regulatory body 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, including by means of a supplementary statement, under consideration of the purposes of processing. If a data subject wishes to make use of this right to rectification, they can contact an employee of the controller at any time.
d) Right to erasure (right to be forgotten)
Any data subject affected by the processing of personal data shall have the right granted by the European directive and regulatory body to require the controller to immediately delete the personal data related to him or her, provided that one of the following reasons is satisfied and the processing is not required:
– The personal data have been collected for such purposes or otherwise processed for which they are no longer needed.
– The data subject revokes the consent on which the processing was based pursuant to Article 6 (1) (a) of the GDPR or Article 9 (2) (a) of the GDPR and lacks any other legal basis for the processing.
– In accordance with Art. 21 (1) of the GDPR, the data subject objects to the processing and there are no legitimate reasons for the processing or the data subject objects to the processing according to Art. 21 (2) GDPR.
– The personal data were processed unlawfully.
– The erasure of personal data is necessary to fulfil a legal obligation under European Union law or Member States law to which the controller is subject.
– The personal data were collected in relation to information society services offered in accordance with Article 8 (1) GDPR.
If one of the reasons above is correct and a data subject wishes to initiate the deletion of personal data stored by V/G Ventures AG, they may at any time contact an employee of the data controller. The employee of V/G Ventures AG will arrange for the erasure request to be fulfilled promptly. If the personal data have been made public by V/G Ventures AG and if our company is responsible for deleting personal data as the person responsible pursuant to Art. 17 (1) GDPR, V/G Ventures AG will take appropriate measures, including technical means, to inform other data controllers who process the published personal data (under consideration of the available technology and the implementation costs) that the data subject has requested the removal of all links to such personal data or copies or replications of such personal data from those other data controllers, unless such processing is necessary. The employee of V/G Ventures AG will arrange the necessary steps in individual cases.
e) Right to restriction of processing
Any data subject affected by the processing of personal data has the right, granted by the European directive and regulatory body, to require the controller to restrict the processing if one of the following conditions applies:
– The accuracy of the personal data is disputed by the data subject, while providing the controller with enough time to verify the accuracy of the personal data.
– The processing is unlawful, the data subject refuses to delete the personal data and instead requests the restriction of using that personal data.
– The controller no longer needs the personal data for the purposes of processing, but the data subject requires them to assert, exercise or defend legal claims.
– The data subject has objected to the processing according to Art. 21 (1) of the GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored at V/G Ventures AG, they may contact an employee of the data controller at any time. The V/G Ventures AG employee will initiate the restriction of processing.
f) Right to data portability
Any data subject affected by the processing of personal data shall have the right conferred by the European directive and regulatory body to obtain the personal data concerning him or her, which were provided to a controller by the data subject in a structured, common and machine-readable format. He or she also has the right to transfer this data to another person without obstruction by the person responsible for providing the personal data, provided that the processing is based on the consent pursuant to Article 6 (1) (a) of the GDPR or Article 9 (2) (a) of the GDPR or of a contract pursuant to Article 6 (1) (b) of the GDPR and processing is carried out using automated procedures, unless the processing is necessary for the performance of a task that is in the public’s best interest or to exercise public authority delegated to the controller. Furthermore, in exercising their right to data portability under Article 20 (1) of the GDPR, the data subject has the right to request that the personal data are transmitted directly from one controller to another, insofar as this is technically feasible and provided that it does not affect the rights and freedoms of others. In order to assert the right to data portability, the data subject can contact a V/G Ventures AG employee at any time.
g) Right to objection
Any data subject affected by the processing of personal data has the right granted by the European directive and regulatory body to issue an objection at any time, for reasons arising from his or her particular situation, to the processing of his or her personal data that is provided on the basis of Article 6 (1) (e) or (f) of the GDPR. This also applies to profiling based on these provisions. V/G Ventures AG will no longer process your personal data in the event of an objection unless we can demonstrate compelling legitimate reasons for processing that outweigh the interests, rights and freedoms of the data subject, or processing for the purposes of asserting, exercising or defending legal claims. If V/G Ventures AG processes personal data in order to initiate direct mail advertisements, the data subject has the right to object to the processing of personal data for the purpose of such advertising at any time. This also applies to the profiling, if it is associated with such direct mail. If the data subject objects to V/G Ventures AG about his or her data being used for direct marketing, V/G Ventures AG will no longer process the personal data for these purposes. Moreover, the data subject has the right to object to the processing of his or her personal data collected by V/G Ventures AG for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) of the GDPR, for reasons arising out of their particular situation, unless such processing is necessary to fulfil a task of public interest. To exercise the right to object, the data subject may directly contact any employee of V/G Ventures AG or another employee. In the context of the use of information society services, notwithstanding Directive 2002/58/EC, the data subject is also free to exercise his or her right of objection via automated procedures using technical specifications.
h) Automated decisions in individual cases, including profiling
Any data subject affected by the processing of personal data shall have the right granted by the European directive and regulatory body not to be subject to a decision based solely on automated processing (including profiling), which has a legal impact on him or her or significantly affects him or her in a similar manner, unless the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or where the decision (2) is permitted by European Union or Member State legislation governing the controller and where such legislation contains appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject; or if the decision (3) is made with the express consent of the data subject. If the decision (1) is required for the conclusion or performance of a contract between the data subject and the controller or (2) if it occurs with the express consent of the data subject, V/G Ventures AG shall 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 obtain the intervention of a person by the controller, to express his or her own position and to challenge the decision. If the data subject wishes to assert any rights with respect to automated decisions, he or she may contact an employee of the controller at any time.
i) Right to revoke a data protection consent
Any data subject affected by the processing of personal data has the right, granted by the European directive and regulatory body, to revoke consent to the processing of personal data at any time. If the data subject wishes to assert his or her right to withdraw consent, he or she may contact an employee of the controller at any time.
Legal basis of processing
Article 6 (I) (a) of the GDPR provides our company with a legal basis for processing operations for which we obtain consent for a particular processing purpose. If processing of personal data is required to fulfil a contract, to which the data subject is a party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of any other service or consideration, the processing is based on Article 6 (I) (b) of the GDPR. The same applies to processing operations that are necessary to perform pre-contractual measures, for example in the case of inquiries regarding our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as the fulfilment of tax obligations, the processing is based on Art. 6 I lit c of the GDPR. In rare cases, the processing of personal data may be required to protect the vital interests of the data subject or another natural person. This may be the case, for example, if a visitor to our premises were injured and his or her name, age, health insurance or other vital information would have to be passed on to a physician, hospital or other third party. In that case, the processing would be based on Article 6 (d) of the GDPR. Ultimately, processing operations could be based on Article 6 (f) of the GDPR. On this legal basis, processing operations that are not covered by any of the above legal bases are required if processing is necessary to safeguard the legitimate interests of our company or a third party, unless the interests, basic rights and fundamental freedoms of the data subject prevail. Such processing operations are particularly permitted because they have been specifically mentioned by the European legislator. To that end, it considered that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, second sentence, GDPR).
Legitimate interests in processing that are being pursued by the controller or a third party
If processing of personal data is based on Article 6 (f) of the GDPR, our legitimate interest is the performance of our business activities for the benefit of all our employees and our shareholders.
Duration for how long the personal data is stored
The criterion for the storage period of personal data is the respective statutory retention period. After the deadline, the corresponding data are routinely deleted, if they are no longer required to fulfil the contract or to initiate a contract.
Statutory or contractual regulations for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide personal data; possible consequences of non-provision
We hereby clarify that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information about the contracting party). Occasionally it may be necessary concluding a contract that a data subject provides us with personal data that must subsequently be processed by us. For example, the data subject is required to provide us with personal information when our company concludes a contract with her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Prior to any personal data being provided by the data subject, he or she must contact one of our employees. Our employee will inform the individual on a case-by-case basis whether the provision of the personal data is required by law or based on a contract or if it is required for the conclusion of the contract. He will also determine if there is an obligation to provide personal data and what the consequences of non-provision of personal data are.
Existence of automated decision-making