Data protection and DSGVO

The use of the Internet pages of the improuv 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 processing of personal data is necessary and if there is no legal basis for such processing, we will generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the country-specific data protection regulations applicable to the improuv GmbH.

By means of this data protection declaration, the improuv GmbH informs about the type, scope, and purpose of the personal data collected, used, and processed. Furthermore, data subjects are informed of their rights by means of this data protection declaration.

The improuv GmbH, as the controller, has implemented technical and organisational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions can always be subject to security vulnerabilities, so that absolute protection cannot be guaranteed. Therefore, each data subject is free to transmit personal data to us also by using alternative means, e.g. by telephone.

1. Definitions

The data protection declaration of the improuv GmbH is based on the terms used by the European Data Protection Supervisor when adopting the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. In order to ensure this, we would like to explain the terminology used in advance.

We use the following terms, among others, in this data protection declaration:

a) Personal data

Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who 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

The data subject is any identified or identifiable natural person whose personal data are processed by the controller.

c) Processing

Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

e) Profiling

Profiling is any automated processing of personal data consisting of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.

f) Pseudonymisation

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 separately and is subject to technical and organisational measures which ensure that the personal data are not attributed to an identified or identifiable natural person.

g) Controller or controller

The controller or controller 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.

h) Processor

A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) Recipient

A recipient is 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 as recipients.

j) Third party

Third party means any natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorised to process the personal data.

k) Consent

Consent is any freely given specific and informed indication of his or her unambiguous wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

2. Name and Address of the Controller

The controller 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:

improuv GmbH
Giesinger Bahnhofplatz 9
81539 Munich
Germany
Tel.: +498950035210
Email: jens.coldewey@improuv.com
Website: improuv.com

3. Cookies

The improuv GmbH website uses cookies. Cookies are text files that are stored on a computer system via an Internet browser.

Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which internet pages and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognised and identified by means of the unique cookie ID.

Through the use of cookies, the improuv GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimised for the benefit of the user. As already mentioned, cookies enable us to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter his or her access data each time he or she visits the website, because this is done by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping basket in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping basket via a cookie.

The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programmes. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, it may not be possible to use all functions of our website to their full extent.

4. Collection of general data and information

The website of the improuv GmbH collects a series of general data and information each time a data subject or automated system calls up the website. This general data and information is 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 (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 improuv 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 optimise the contents of our website and the advertising for these, (3) to ensure the long-term operability 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 improuv GmbH analyzes anonymously collected data and information on one hand for statistical purposes, and on the other hand for the purpose of increasing 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.

5. Registration on our website

The data subject has the possibility to register on the website of the controller by providing personal data. Which personal data are transmitted to the controller in this context results from the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the data to be transferred to one or more processors, for example a parcel service provider, who will also use the personal data exclusively for an internal use attributable to the controller.

By registering on the website of the controller, the IP address assigned by the internet service provider (ISP) of the data subject, the date as well as the time of registration will also be stored. The storage of this data takes place against the background that only in this way can the misuse of our services be prevented and, if necessary, this data makes it possible to clarify criminal offences that have been committed. In this respect, the storage of this data is necessary for the protection of the data controller. As a matter of principle, this data is not disclosed to third parties unless there is a legal obligation to disclose it or the disclosure serves law enforcement purposes.

The registration of the data subject by voluntarily providing personal data serves the purpose of the controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have them completely deleted from the data stock of the controller.

The controller shall provide any data subject at any time, upon request, with information about which personal data are stored about the data subject. Furthermore, the controller shall correct or erase personal data at the request or indication of the data subject, provided that this does not conflict with any statutory retention obligations. In this context, all employees of the controller are available as contact persons for the data subject.

6. Subscription to our newsletter

On the website of the improuv GmbH, users are given the opportunity to subscribe to our enterprise’s newsletter. The personal data transmitted to the controller when the newsletter is ordered is specified in the input mask used for this purpose.

The improuv GmbH informs its customers and business partners at regular intervals by means of a newsletter about enterprise offers. The newsletter of our enterprise can basically 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 is sent to the e-mail address registered by a data subject for the first time for the newsletter dispatch using the double opt-in procedure. This confirmation email serves to verify whether the owner of the email address as the data subject has authorised receipt 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 well as the date and time of registration, as assigned by the Internet service provider (ISP). The collection of this data is necessary in order to be able to trace the (possible) misuse of a data subject’s e-mail address at a later point in time and therefore serves the legal safeguarding of the 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 the 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 cancelled by the data subject at any time. The consent to the storage of personal data, which the data subject has given us for the newsletter dispatch, can be revoked at any time. For the purpose of revoking 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 controller of this in another way.

7. Newsletter tracking

The newsletters of improuv GmbH contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in such emails that are sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the improuv GmbH may see if and when an e-mail was opened by a data subject, and which links contained in the e-mail were called up by the data subject.

Such personal data collected via the tracking pixel contained in the newsletters will be stored and analysed by the controller in order to optimise 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 data controller. The improuv GmbH automatically regards a withdrawal from the receipt of the newsletter as a revocation.

8. Contact possibility via the website

The website of the improuv GmbH contains details due to legal regulations, which enable 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 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 on a voluntary basis by a data subject to the controller will be stored for the purposes of processing or contacting the data subject. Such personal data will not be disclosed to third parties.

9. Comment function on the blog on the website

The improuv GmbH offers users the possibility to leave individual comments on individual blog contributions on a blog, which is hosted on the website of the controller. A blog is a portal maintained on a website, which is usually publicly viewable, in which one or more persons, called bloggers or web bloggers, can post articles or write down thoughts in so-called blogposts. The blogposts can usually be commented on by third parties.

If a data subject leaves a comment on the blog published on this website, in addition to the comments left by the data subject, details of the time the comment was entered and the user name (pseudonym) chosen by the data subject are also stored and published. Furthermore, the IP address assigned by the Internet service provider (ISP) of the person concerned is also logged. This storage of the IP address takes place for security reasons and in the event that the person concerned violates the rights of third parties by posting a comment or posts illegal content. The storage of this personal data is therefore in the controller’s own interest, so that the controller could exculpate itself if necessary in the event of an infringement. No disclosure of this collected personal data to third parties will take place, unless such disclosure is required by law or serves the legal defence of the controller.

10. Subscription to comments in the blog on the website

The comments posted on the improuv GmbH blog can, in principle, be subscribed to by third parties. In particular, it is possible for a commentator to 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 controller will send an automatic confirmation e-mail in order to verify by means of a double opt-in procedure that the owner of the e-mail address specified has indeed opted for this option. The option to subscribe to comments can be terminated at any time.

11. Routine erasure and blocking of personal data

The controller shall process and store personal data of the data subject only for the period necessary to achieve the purposes for which they are stored or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.

If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Maker or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

12. 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 controller as to whether personal data relating to 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 an employee of the controller.

b) Right of access

Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain at any time from the controller, free of charge, information about the personal data stored concerning 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:

  • the purposes of the processing
  • the categories of personal data processed
  • 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 organisations
  • where possible, the envisaged duration for which the personal data will be stored, or, where this is not possible, the criteria for determining that period
  • the existence of a right of rectification or erasure of the personal data concerning them or of the right to object to processing by the controller
  • the existence of a right of appeal to a supervisory authority
  • where the personal data are not collected from the data subject:
    Any available information about the origin of the data
  • 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

Furthermore, the data subject shall have a right of access to whether personal data have 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 about the appropriate safeguards in connection with the transfer.

If a data subject wishes to exercise this right of access, he or she may contact an employee of the controller at any time.

c) Right of rectification

Every data subject concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain the immediate rectification of inaccurate personal data relating to him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.

If a data subject wishes to exercise this right of rectification, he or she may, at any time, contact an employee of the controller.

d) Right to erasure (right to be forgotten)

Every data subject concerned by the processing of personal data has the right granted by the European Data Protection Supervisor to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is no longer necessary:

  • The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
  • The data subject revokes his/her consent on which the processing is based pursuant 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 pursuant to Art. 21(1) DS-GVO and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant 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 were collected in relation to information society services offered pursuant to Art. 8 (1) of the Data Protection Regulation.

If one of the aforementioned reasons applies, and a data subject wishes to arrange for the erasure of personal data stored by the improuv GmbH, he or she may, at any time, contact any employee of the controller. The employee of the improuv GmbH will arrange for the deletion request to be complied with immediately.

If the personal data has been made public by the improuv GmbH and our company is responsible pursuant to Art. 17 Para. 1 DS-GVO, improuv 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, in order to inform the data subject that he or she has requested from those other data controllers to erase all links to or copies or replications of the personal data, unless the processing is necessary. The employee of the improuv GmbH will arrange the necessary in individual cases.

e) Right to restriction of processing

Every data subject concerned by the processing of personal data has the right, granted by the European Data Protection Supervisor, to obtain from the 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 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 the restriction of the use of the personal data.
  • The controller 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.
  • The data subject has objected to the processing pursuant to Art. 21 para. 1 of the Data Protection Regulation 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 improuv GmbH, he or she may, at any time, contact any employee of the controller. The employee of the improuv GmbH will arrange the restriction of the processing.

f) Right to data portability

Each data subject concerned by the processing of personal data has the right, granted by the European Data Protection Supervisor, to obtain personal data concerning him or her, which has been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit this data to another controller without hindrance by the controller to whom the personal data were provided, provided that 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 that the processing is based on the consent pursuant to Art. 6(1)(b) DS-GVO. 1(b) of the Regulation 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 controller. 1 of the Data Protection Regulation (DS-GVO), the data subject shall have the right to obtain the direct transfer of personal data from one controller to another controller, where technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.

In order to assert the right to data portability, the data subject may at any time contact any employee of the improuv GmbH.

g) Right to object

Any data subject concerned by the processing of personal data has the right, granted by the European Directives and Regulations, to object at any time, on grounds relating to his or her particular situation, to processing of personal data concerning him or her carried out on the basis of Article 6(1)(e) or (f) of the Data Protection Regulation. This also applies to profiling based on these provisions.

The improuv 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 establishment, exercise or defence of legal claims.

If the improuv GmbH processes personal data for direct marketing purposes, 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 the profiling, insofar as it is related to such direct marketing. If the data subject objects to improuv GmbH to the processing for direct marketing purposes, improuv 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 processing of personal data concerning him or her which is carried out by improuv GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89 (1) of the Data Protection Act (DSGVO). 89 (1) of the German Data Protection Act (DS-GVO), unless such processing is necessary for the performance of a task carried out in the public interest.

In order to exercise the right to object, the data subject may directly contact any employee of the improuv GmbH or another employee. The data subject is also free to exercise his/her right to object by means of automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.

h) Automated case-by-case decisions, including profiling

Every 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, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and that such law lays down appropriate measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is made with 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 improuv 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 controller, to express his or her point of view and to contest the decision.

If the data subject wishes to exercise rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.

i) Right to withdraw consent pursuant to data protection law

Every data subject concerned by the processing of personal data has the right, granted by the European Data Protection Supervisor, to withdraw his or her consent to the processing of personal data at any time.

If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact any employee of the controller.

13. Data protection during applications and the application procedure

The controller collects and processes the personal data of applicants for the purpose of handling the application procedure. The processing may also be carried out by electronic means.

This is in particular the case when 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 controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the legal provisions.

If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after the notification of the rejection decision, provided that no other legitimate interests of the controller oppose such deletion.

Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).

14. 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 Article 6 I lit. b of the GDPR.

The same applies to such processing operations that are necessary for the performance of pre-contractual measures, for example, in the case of enquiries about our products or services. If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Article 6 I lit. c DS-GVO.

In rare cases, the processing of personal data might become necessary in order 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 details or other vital information had to be passed on to a doctor, hospital or other third party. 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 which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary for the protection of 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 controller (recital 47 sentence 2 DS-GVO).

15. Legitimate interests in the processing pursued by the 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.

16. Duration for which the personal data are stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data will be routinely deleted, provided that they are no longer required for the performance of the contract or the initiation of the contract.

17. Legal or contractual requirements for 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 non-provision

We inform you that the provision of personal data is in part required by law (e.g. tax regulations) or may be necessary for the performance of the contract. tax regulations) or may also result from contractual regulations (e.g. details of the contractual partner).

In order to conclude a contract, it may sometimes be necessary 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 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 the data subject provides personal data, the data subject must contact one of our employees. Our employee will explain to 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.

18. Existence of automated decision-making

As a responsible company, we do not use automated decision-making or profiling.

This privacy statement was created by the privacy statement generator of the Data Protection Officer Wiesbaden in cooperation with the RC GmbH and the Filesharing lawyers of WBS-LAW.