eyevip: Data Protection

This is a translation. The Privacy policy (Datenschutzerklärung) in German serve as legal basis.

Privacy Policy

of eyevip cloud AG

We are delighted that you are interested in the services offered by eyevip cloud AG, Zurich – hereinafter referred to as “eyevip”. As a software company, data protection is of paramount importance to eyevip. You can use the eyevip website without providing any personal data. However, if a data subject wishes to use specific services offered by our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to eyevip. Through this privacy policy, our company would like to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this privacy policy informs data subjects about their rights.

As the controller, eyevip has implemented numerous technical and organizational measures to ensure that the personal data processed via its websites is protected as completely as possible. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to eyevip via alternative means.

Definitions

Our privacy policy is based on the terms used by the European directive and regulation legislator when enacting the GDPR. Our privacy policy is intended to be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms in this privacy policy, among others:

a) Personal data

Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). A natural person is considered identifiable if they can be identified, directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, 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 controller.

c) Processing

Processing is any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. the 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 processing in the future.

e) Profiling

Profiling is any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

f) Pseudonymization

Pseudonymization is the processing of personal data in such a manner 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 organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

g) Controller or data controller

The controller or controller responsible for processing is the natural or legal person, public authority, agency, or other body that alone or jointly with others determines the purposes and means of the processing of personal data. If the purposes and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria for its designation may be provided for by Union law or the law of the Member States.

h) Processor

A processor is a natural or legal person, public authority, agency, or other body that 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, regardless of whether they are a third party or not. However, public authorities that may receive personal data in the course of a specific investigative task under Union law or the law of the Member States are not considered recipients.

j) Third party

A third party is a 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 authorized to process personal data.

k) Consent

Consent is any freely given, specific, informed, and unambiguous indication of the data subject's wishes by which he or she, by a statement or by action, signifies agreement to personal data relating to him or her being processed.

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 with data protection character is:

eyevip cloud AG
Weberstrasse 3
8004 Zürich
Schweiz

Tel.: +41 43 499 29 19
Email: hoi (at) eyevip.com
Website: www.eyevip.com

Name and address of the data protection officer

The data protection officer of the controller is:

In Switzerland:
eyevip cloud AG
Tobias Asch
Weberstrasse 3
CH-8004 Zürich

Tel.: +41 43 499 29 19
Email: datenschutz (at) eyevip.com
Website: www.eyevip.com

In the EU:
eyevip cloud AG
Tobias Asch

Tel.: +49 (0)89 210 94 600

Any person affected may contact our data protection officer directly at any time with any questions or suggestions regarding data protection.

Cookies

The eyevip websites use cookies. Cookies are text files that are stored on a computer system via an Internet browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters that allows websites and servers to be assigned to the specific Internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.

By using cookies, eyevip can provide users of its websites with more user-friendly services that would not be possible without the use of cookies. Eyevip uses both its own cookies and cookies from integrated third-party services.

The data subject can prevent the setting of cookies by the application at any time by means of a corresponding setting in 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 programs. 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 the application to their full extent. When you visit our website, you may be able to activate or deactivate certain categories of cookies via a button displayed in your browser.

The following types of cookies and similar technologies are used:

Essential

Essential cookies are necessary for the application and its functions to work. These cookies ensure, for example, that you can switch between pages without losing the information you have entered in a form or the products you have placed in a shopping cart.

Functional

Functional cookies enable us to provide enhanced functionality and display personalized content. These cookies allow us, for example, to store information you have already entered (e.g., language selection) or to show you products that you may also like based on the items you have viewed.

  • Stripe
    On our website, we offer the option of processing payment transactions via the payment service provider Stripe, ℅ Legal Process, 510,Townsend St., San Francisco, CA 94103 (Stripe). This corresponds to our legitimate interest in offering an efficient and secure payment method (Art. 6 para. 1 lit. f GDPR).In this context, we pass on the following data to Stripe to the extent necessary for the fulfillment of the contract (Art. 6 para. 1 lit b. GDPR):
     
    • Selected product
    • Name of the cardholder
    • Email
    • Guest ID

    The payment information (credit card information, PayPal, etc.) is transmitted directly from you to Stripe and is not visible to eyevip at any time and is neither received, processed, nor stored by eyevip.

    The processing of the data specified in this section is neither required by law nor contractually required. Without the transmission of your personal data, we cannot process a payment via Stripe. 
    Stripe plays a dual role as controller and processor in data processing activities. As a controller, Stripe uses the data you provide to fulfill regulatory obligations. This is in Stripe's legitimate interest (pursuant to Art. 6 (1) (f) GDPR) and serves the performance of the contract (pursuant to Art. 6 (1) (b) GDPR). We have no influence on this process.

    Stripe acts as a processor to complete transactions within the payment networks. Within the scope of the processing relationship, Stripe acts exclusively on our instructions and has been contractually obligated to comply with data protection regulations in accordance with Art. 28 GDPR.

    Stripe has implemented compliance measures for international data transfers. These apply to all global activities in which Stripe processes personal data of natural persons in the EU. These measures are based on the EU Standard Contractual Clauses (SCCs).

    Further information on your rights to object and to request erasure from Stripe can be found at: https://stripe.com/privacy-center/legal

    Your data will be stored by us until the payment process is complete. This includes the period required for processing refunds, debt collection, and fraud prevention.


Statistics and optimization

These cookies collect information about how a website is used and enable us to perform analyses, e.g., which pages are most popular and how visitors move around a website. These cookies are used to simplify and speed up your visit to the website and to improve user-friendliness in general.

  • Web analysis tools 
    We use tracking technologies to continuously improve and optimize the application. Web analysis tools provide us with statistics and graphics that give us information about how the application is used. The data about the use of a website is transferred to the server used for this purpose. Depending on the provider of a web analysis tool, these servers may be located abroad. For the most commonly used web analysis tool, Google Analytics, this data is transferred including shortened IP addresses, which prevents the identification of individual devices. Google complies with the data protection provisions of the Swiss-U.S. Privacy Shield Agreement and has registered with the US Department of Commerce for the Swiss-U.S. Privacy Shield (information on the Swiss-U.S. Privacy Shield can be found at https://www.privacyshield.gov/Swiss-US-Privacy-Shield-FAQs). The IP address transmitted by your browser within the scope of Google Analytics is not merged with other data from Google. These data will only be transferred to third parties by Google on the basis of legal regulations or within the scope of order data processing.

    If other web analysis tools are used within eyevip, the data collection process is essentially the same.

    You can prevent Google from collecting the data generated by cookies and related to your use of the application (including your IP address) and from processing this data by downloading and installing the browser plugin available at the following link (http://tools.google.com/dlpage/gaoptout?hl=de). For more information about Google Analytics and data protection, please visit http://tools.google.com/dlpage/gaoptout?hl=de or http://www.google.com/intl/de/analytics/privacyoverview.html.

  • Google Analytics
    We use Google Analytics, a web analytics service provided by Google Inc., 1600 Amphi-theatre Parkway, Mountain View, California 94043, USA (“Google”). Google Analytics uses “cookies,” which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, your IP address will be truncated by Google within member states of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide other services related to website activity and internet usage to the website operator.

    You can prevent the storage of cookies by adjusting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by downloading and installing the browser plug-in provided by Google.
    This website uses Google Analytics with the extension “anonymizeIp()”. This means that IP addresses are shortened before being processed, thereby ruling out the possibility of personal identification. If the data collected about you is personal, it will be excluded immediately and the personal data will be deleted immediately. For more information about how Google Analytics processes personal data, please refer to Google's privacy policy (https://support.google.com/analytics/answer/6004245?hl=de).

 

Marketing cookies

Marketing cookies help us and our advertising partners to target you on our websites and on third-party websites with advertisements for products or services that may be of interest to you, or to display our advertisements to you after you have visited our websites during your further Internet use.

  • Email delivery with Drip 
    The emails for the eyevip self-demo are collected and sent using Drip technology. Drip is a service provided by Avenue 81 (UK) Ltd., 9th Floor, 107 Cheapside, London. Such emails may contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in emails sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of email campaigns to be carried out. Using the embedded tracking pixel, eyevip can recognize whether and when an email was opened by a data subject and which links in the email were accessed by the data subject. Such personal data collected via the tracking pixels contained in emails is stored and evaluated in Drip by the data controller in order to optimize the newsletter dispatch and to tailor the content of future newsletters even better to the interests of the data subject. This personal data is not passed on to third parties. If you do not agree to analysis by Drip, please unsubscribe from the newsletter. For this purpose, we provide a link in every newsletter message. The data stored by us for the purpose of receiving the newsletter will be stored by us until you unsubscribe from the newsletter. After unsubscribing, your data will be deleted from our servers and from Drip's servers. Data stored by us for other purposes (e.g., email addresses for the member area) remains unaffected by this. For details, please refer to Drip's privacy policy at https://www.drip.com/privacy.

  • Google Tag Manager
    We use Google Tag Manager on our website. Google Tag Manager is a solution provided by Google LLC. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA) that allows companies to manage website tags via an interface. Google Tag Manager is a cookie-free domain that does not collect any personal data. Google Tag Manager triggers other tags, which in turn may collect data. We hereby point this out separately. Google Tag Manager does not access this data. If the user has deactivated this at the domain or cookie level, this will remain in effect for all tracking tags implemented with Google Tag Manager. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide other services related to website activity and internet usage to the website operator. Google uses pseudonyms for this purpose. The IP address transmitted by your browser within the scope of Google Analytics is not merged with other data from Google. For more information about Google Tag Manager, please visit: https://www.google.com/intl/tagmanager/

    The data is usually transferred to a Google server in the USA and stored there. The personal data is transferred on the basis of Art. 46 and Art. 49 (1) lit. a) GDPR. The data will be deleted as soon as it is no longer necessary for the purpose for which it was collected. In addition, the data will be deleted if you revoke your consent or request the deletion of your personal data.

    The provision of personal data is neither required by law nor contractually required, nor is it necessary for the conclusion of a contract. You are also not obliged to provide personal data. However, failure to provide such data may mean that you cannot use our website or cannot use it to its full extent.

    Further information on terms of use and data protection can be found at: https://policies.google.com/privacy?hl=de&gl=de

  • Google Maps
    Our website uses Google Maps API from Google LLC (Google) to display geographical information visually. When using Google Maps, Google also collects, processes, and uses data about the use of the map functions by visitors to the websites. The data is usually transferred to a Google server in the USA and stored there. The personal data is transferred on the basis of Art. 46 and Art. 49 (1) lit. a) GDPR.
    The data sent by eyevip and linked to cookies, user IDs (e.g., user ID) or advertising IDs is stored for 26 months by default and then automatically deleted. You can prevent the storage of cookies by adjusting your browser software settings accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. There is no contractual or legal obligation to provide the data.
    Further information on terms of use and data protection can be found at: https://policies.google.com/privacy?hl=de&gl=del

  • Hubspot
    We use HubSpot on our website for our online marketing activities. HubSpot is a software company based in the USA with a branch in Ireland. Contact: HubSpot, 2nd Floor 30 North Wall Quay, Dublin 1, Ireland, telephone: +353 1 5187500. This is an integrated software solution that we use to cover various aspects of our online marketing. These include: email marketing (newsletters and automated mailings, e.g. to provide downloads), social media publishing & reporting, reporting (e.g. traffic sources and access), contact management (e.g. user segmentation and CRM), landing pages, and contact forms. Our registration service allows visitors to our website to learn more about our company, download content, and provide their contact information and other demographic information. This information, as well as the content of our website, is stored on HubSpot servers. It may be used by us to contact visitors to our website and to determine which of our company's services are of interest to them. All information we collect is subject to this privacy policy. We use all information collected solely to optimize our marketing efforts and improve the user experience on our website for sending and receiving messages on some subpages using the live chat service “Messages” (round chat icon at the bottom right of the screen). If you agree to and use this feature, the following data will be transmitted to HubSpot's servers:
    Content of all chat messages sent and received Context information (e.g., page on which the chat was used)
    Optional: User's email address (if provided by the user via the chat function).

    The data will be deleted as soon as it is no longer necessary for the purpose for which it was collected. In addition, the data will be deleted if you revoke your consent or request the deletion of your personal data. You have the option to revoke your consent to data processing at any time. A revocation does not affect the validity of data processing operations that took place in the past. Further information on your rights to object and delete your data from Hubspot can be found at: https://legal.hubspot.com/privacy-policy

  • Youtube
    Our website uses components from YouTube. YouTube is an online video portal that allows users to upload video clips free of charge and to view, rate, and comment on them, also free of charge.

    YouTube is operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland. Each time a page of the website on which a YouTube component (“YouTube video”) has been integrated is accessed, the Internet browser used by the user is automatically prompted to download a representation of the corresponding YouTube component from YouTube. Further information about YouTube can be found at https://www.youtube.com/yt/about/de/. As part of this technical process, YouTube and Google Inc. are informed about which specific areas of the application are visited by the data subject. If the data subject is logged into YouTube at the same time, YouTube recognizes which content page is being visited when a video is accessed. This information is collected by YouTube and Google Inc. and assigned to the respective YouTube account of the data subject.

    YouTube and Google Inc. always receive information via the YouTube component that the data subject has visited the application if they are logged into YouTube at the time the application is accessed – this occurs regardless of whether a YouTube video is clicked on or not.
    If the user of this website does not want such a transfer, they can prevent this by logging out of their YouTube account before accessing the application.

    The privacy policy published by YouTube, which can be found at https://www.google.de/intl/de/policies/privacy/, provides information about the collection, processing, and use of personal data by YouTube and Google Inc.

 

Collection of general data and information

The eyevip website collects a series of general data and information each time it is accessed by a data subject or an automated system. This general data and information is stored in the server log files. The following 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 reaches our website (so-called referrers), (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 protect against attacks on our information technology systems. 

When using this general data and information, eyevip does not draw any conclusions about the data subject. This information is required in order to (1) deliver the content of our website correctly, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) 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 evaluated by eyevip on the one hand statistically and on the other hand 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 in the server log files is stored separately from all personal data provided by a data subject.

Subscription to our newsletter

On the eyevip website, users are given the option of subscribing to our company newsletter. The personal data transmitted to the controller when ordering the newsletter is determined by the input mask used for this purpose.
eyevip informs its customers and business partners at regular intervals about offers from the company by means of a newsletter. The newsletter of our company can only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject has registered for the newsletter.

When registering for the newsletter, we also store the IP address assigned by the Internet service provider (ISP) of the computer system used by the data subject at the time of registration, as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of a data subject's email address at a later point in time and therefore serves to provide legal protection for the controller.

The personal data collected when registering for the newsletter will be used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter may be informed by email if this is necessary for the operation of the newsletter service or for registration in this regard, as may be the case for example in the event of changes to the newsletter offer or the technical conditions. The personal data collected as part of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be canceled by the data subject at any time. The consent to the storage of personal data that the data subject has given us for the purpose of sending the newsletter can be revoked at any time. For the purpose of revoking consent, a corresponding link is provided in every newsletter.

Contact option via the website

Due to legal requirements, the eyevip website contains information that enables quick electronic contact with our company and direct communication with us, including a general address for electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject will be stored automatically. In addition to the contact form, this also happens via the Asana software. This personal data is not passed on to third parties.

Routine deletion and blocking of personal data

The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or if this has been provided for by the European directive and regulation issuer or another legislator in laws or regulations to which the controller is subject. 

If the purpose of storage no longer applies or if a storage period prescribed by European directive and regulation authorities or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

Rights of the affected person

a) Right to confirmation

Every affected person has the right granted by European directives and regulations to request confirmation from the controller as to whether personal data concerning them is being processed. If an affected person wishes to exercise this right of confirmation, they may contact an employee of the controller at any time.

b) Right to information

Any person affected by the processing of personal data has the right granted by European directives and regulations to obtain, at any time, free of charge, from the controller responsible for processing, information about the personal data stored about them and a copy of this information. Furthermore, European directives and regulations grant the data subject the right to obtain the following information:

  • the purposes of the processing
  • the categories of personal data being processed
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
  • where possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
  • the existence of a right to rectify or erase the personal data concerning them or to restrict processing by the controller or a right to object to such processing
  • the existence of a right to lodge a complaint with a supervisory authority
  • if the personal data are not collected from the data subject: all available information on 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 those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

Furthermore, the data subject has the right to obtain information on whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.

If a data subject wishes to exercise this right to information, they may contact an employee of the controller at any time.

c) Right to rectification

Any person affected by the processing of personal data has the right granted by European directives and regulations to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary statement, taking into account the purposes of the processing.

If a person wants to use this right to correct their data, they can contact someone who works for the person responsible for processing their data at any time.

d) Right to have your data deleted (right to be forgotten)

Any person affected by the processing of personal data has the right granted by European directives and regulations to request that the controller delete personal data concerning them without delay if one of the following reasons applies and provided that the processing is not necessary:

  • The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
  • The data subject withdraws consent on which the processing is based pursuant to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR, and there is no other legal basis for the processing.
  • The data subject objects to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 para. 2 GDPR.
  • The personal data has been processed unlawfully.
  • The erasure of personal data is necessary for compliance with a legal obligation to which the controller is subject under Union law or the law of the Member States.
  • The personal data was collected in relation to information society services offered in accordance with Art. 8 (1) GDPR.

If one of the above reasons applies and a data subject wishes to have personal data stored by eyevip deleted, they can contact an employee of the controller at any time. The eyevip employee will ensure that the deletion request is complied with immediately.

If the personal data has been made public by eyevip and our company is obliged to delete the personal data in accordance with Art. 17 (1) GDPR, eyevip shall take appropriate measures, including technical measures, taking into account the available technology and implementation costs, to inform other data controllers who process the published personal data that the data subject has requested these other data controllers to delete all links to this personal data or copies or replications of this personal data, unless the processing is necessary. The eyevip employee will take the necessary steps in each individual case.

d) Right to restriction of processing

Any person affected by the processing of personal data has the right granted by European directives and regulations to request that the controller restrict processing if 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, but the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims.
  • The person has objected to the processing under Art. 21 para. 1 GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the person.

If one of the above conditions is met and a person wants to request the restriction of personal data stored by eyevip, they can contact an employee of the controller at any time. The eyevip employee will arrange for the processing to be restricted.

f) Right to data portability

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data has been provided, provided that the processing is based on consent pursuant to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and the processing is carried out using automated procedures, 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. 

Furthermore, when exercising their right to data portability pursuant to Art. 20 (1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.

To exercise the right to data portability, the data subject may contact an eyevip employee at any time.

g) Right to object

Any person affected by the processing of personal data has the right, granted by the European Directive and Regulation, to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them based on Art. 6 para. 1 lit. e or f GDPR. This also applies to profiling based on these provisions. 

eyevip will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or the processing serves to assert, exercise, or defend legal claims.

If eyevip processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing purposes. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to eyevip processing their data for direct marketing purposes, eyevip will no longer process the personal data for these purposes. 

In addition, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them by eyevip for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 GDPR, unless such processing is necessary for the performance of a task carried out in the public interest. 

To exercise the right to object, the data subject may contact any employee of eyevip or another employee directly. The data subject is also free to exercise their right to object in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

h) Automated individual decision-making, including profiling

Any person affected by the processing of personal data has the right granted by European directives and regulations not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or significantly affects them in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and that law provides for appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or (3) is based on the data subject's explicit consent.  

If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is made with the express consent of the data subject, eyevip shall take appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, which includes at least the right to obtain human intervention on the part of the controller, to express one's own point of view, and to contest the decision.

If the data subject wishes to exercise rights relating to automated decisions, they may contact an employee of the controller responsible for processing at any time.

i) Right to withdraw consent under data protection law

Any person affected by the processing of personal data has the right granted by European directives and regulations to withdraw consent to the processing of personal data at any time.

If the data subject wishes to exercise their right to withdraw consent, they may contact an employee of the controller at any time.

Data protection in applications and in the application process

The controller collects and processes the personal data of applicants for the purpose of handling the application process. Processing may also be carried out electronically. This is particularly the case if an applicant submits relevant application documents to the controller by electronic means, for example by email or via a web form on the website. If the controller concludes an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, unless other legitimate interests of the controller prevent deletion. Other legitimate interests in this sense include, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).   

 

Legal basis for processing

Art. 6 I lit. a GDPR serves as the legal basis for our company 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 party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured on our premises and their name, age, health insurance details, or other vital information had to be passed on to a doctor, hospital, or other third party. In this case, the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the above 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 freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this regard, 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 GDPR).

Legitimate interests in processing pursued by the controller or a third party

If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the performance of our business activities for the benefit of all our employees and our shareholders.

Duration for which the personal data will be stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of this period, the corresponding data will be routinely deleted unless it is no longer required for the fulfillment of the contract or for the initiation of a contract.

Legal or contractual provisions 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 hereby inform you 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 contractual partner). In some cases, it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which we will then have to process. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact one of our employees. Our employee 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 the contract, whether there is an obligation to provide the personal data, and what consequences the non-provision of personal data would have.

Existence of automated decision-making

eyevip does not use automated decision-making.

Updates and changes to this privacy policy

Should individual parts of this agreement be invalid, this shall not affect the validity of the agreement as a whole. Due to the further development of our website and offers or due to changed legal or regulatory requirements, it may be necessary to change this privacy policy. The current privacy policy can be accessed and printed at any time at https://www.eyevip.com.

This privacy policy is valid from: August 17, 2023


Data protection (PDF in German)