Data protection

Statement of data protection conditions

I.  Name and address of the controller

The controller within the meaning of the EU General Data Protection Regulation (GDPR)  and other national data protection legislation of the Member States as well as other data protection regulations is:

GENIUS Venture Capital GmbH
Hagenower Stra├če 73, 19061 Schwerin, Germany
e-mail: info@genius-vc.de, phone: +49 385 3993 500
website: www.genius-vc.de

II. General information on data processing

1. Scope of processing of personal data
In principle, we process personal data of our users only to the extent this is necessary to provide a functioning website and our content and services. We will process personal data of our users regularly only with the prior consent of the user. An exception applies to cases in which prior consent cannot be obtained for reasons of fact and processing of the data is permitted by law.

2. Legal basis for processing of personal data
Insofar as we obtain the consent of the data subject to processing of his or her personal data, it is covered by Article 6 para. 1 lit. a GDPR as legal basis.
Processing of personal data necessary for the performance of a contract to which the data subject is party is covered by Article 6 para. 1 lit. b GDPR as legal basis. This also applies to processing operations prior to entering into a contract.
Insofar as processing of personal data is necessary for compliance with a legal obligation to which our company is subject, it is covered by Article 6 para. 1 lit. c GDPR as legal basis.
In the event that processing of personal data is necessary in order to protect the vital interests of the data subject or of another natural person, it is covered by Article 6 para. 1 lit. d GDPR as legal basis.
If processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, and if the interests or fundamental rights and freedoms of the data subject do not prevail over the first-mentioned interest, it is covered by Article 6 para. 1 lit. f GDPR as legal basis for processing.

3. Erasure of data and storage duration
The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage is deleted. In addition, such storage may take place, provided it is permitted by the European or national legislator in EU- regulations, laws or other regulations to which the Controller is subject. The blocking or erasure of the data also takes place when a storage period determined by the regulations mentioned above expires, unless there is a need for further storage of the data for conclusion of a contract or fulfilment of a contract.

III. Provision of website and creation of log files

1. Description and scope of data processing
When you visit our website, the browser used on your terminal device (laptop, tablet, smartphone, etc.) automatically sends information to the server of our website. This information is temporarily stored in a so-called log file.
The following data is collected here:

  1. Data identifying the browser type and version used
  2. Data identifying the user's operating system and the version used
  3. URL or name of the internet service provider of the user from which the file was requested / requested
  4. IP address of the user
  5. date and time of access
  6. access status of the web server (file transfer, file not found, command not executed, etc.)
  7. name and URL of the requested file.

The data is also stored in the log files of our system. Storage of this data together with other personal data of the user does not take place.

2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Article 6 para. 1 lit. f GDPR.

3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to allow delivery of the website to the user's terminal device. For this purpose, the user's IP address must be kept for the duration of the session.
Storage in log files is done to ensure the functionality of the website. In addition, the data is used to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes are our legitimate interest in processing of data according to Article 6 para. 1 lit. f GDPR.

4. Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. In the case of collecting the data for providing the website, this is the case when the respective session is completed.
In the case of storing the data in log files, this is the case after no more than seven days. An additional storage is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

5. Right of withdrawal of consent and right of removal
The collection of data for the provision of the website and the storage of the data in log files is essential for the operation of the website. Consequently, the user has no right of withdrawal of his or her consent.

IV. Automated decision-making

There is no automated decision-making based on personal data which we have collected.

V. Newsletter

1. Description and scope of data processing
It is possible to subscribe to a free newsletter. The distribution of the newsletter takes place on basis of the registration of the user by e-mail.
In order to subscribe to our newsletter service, we need at least the e-mail address to which the newsletter is to be sent. Additional information is voluntary and will only be processed on the basis of the consent of the user, for example in order to address him or her personally and to be able to clarify questions about the e-mail address.
Generally, we use the so-called double-opt-in procedure for registering for our newsletter. This means that the user receives an e-mail from us after his registration, in which he is asked to confirm his registration.
When registering for the newsletter, we record the e-mail address of the user as well as his registration and confirmation e-mails (including date and time). Likewise we record the changes of the data of the user stored by us. We store and use additional personal data only if the user consents or, without special consent, if this is permitted by law.
For processing of the data, during the registration process your consent is obtained and reference is made to this statement of data protection conditions.
In connection with processing of data for the distribution of newsletters, there is no disclosure of data to third parties. The data will be used for distribution of the newsletter and for the evaluation of the newsletter as well as for statistical purposes. So we collect and analyse how many users have been sent a newsletter, whether newsletters have been rejected and whether users have unsubscribed from the list after receiving a newsletter.

2. Legal basis for data processing
Processing of the data after the user has registered for the newsletter upon the consent of the user is covered by Article 6 para. 1 lit. a GDPR as legal basis.

3. Purpose of data processing
The collection of the e-mail address of the user serves to deliver the newsletter.
The collection of additional personal data in the context of the registration process serves to prevent misuse of the services or the e-mail address used.

4. Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. Therefore the e-mail address of the user is stored as long as the subscription to the newsletter is active.
Additional personal data collected during the registration process will be deleted normally after a period of seven days, unless the storage beyond this time takes place on the basis of a corresponding consent of the user or, without special consent, on another legal basis.

5. Right of withdrawal of consent and right of removal
The respective user may withdraw his or her subscription to the newsletter at any time. For this purpose, there is a corresponding note in each newsletter. If you like to exercise your right of withdrawal, please send an e-mail to info@genius-vc.de.
This also allows a withdrawal of the consent to the storage of the personal data collected during the registration process.

VI. E-mail contact

1. Description and scope of data processing
You may contact us via the e-mail address provided on our website. If a user makes use of this option, the user's personal data transmitted by e-mail will be stored.
In this context, there is no disclosure of the data to third parties. The data is used exclusively for processing the conversation.

2. Legal basis for data processing
Processing of the data transmitted in the course of sending an e-mail is covered by Article 6 (1) lit. f GDPR as Legal basis. If the e-mail contact aims to conclude a contract, the additional Legal basis for processing is Article 6 para. 1 lit. b GDPR.

3. Purpose of data processing
Processing of personal data, which are transmitted in the course of sending an e-mail, serve us exclusively to process the contact. This purpose is also our legitimate interest in processing of data according to Article 6 para. 1 lit. f GDPR.

4. Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. For the personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it infers from the circumstances that the relevant facts have been clarified finally.

5. Right of withdrawal of consent and right of removal
The user may withdraw his or her consent to processing of the personal data at any time. If the user contacts us by e-mail, he may object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.
If you like to exercise your right of withdrawal or objection, please send an e-mail to info@genius-vc.de.
In this case all personal data stored in the course of contacting will be deleted.

VII. Links to websites operated by other providers

Our websites may contain links to websites operated by other providers. Please note that this statement of data protection conditions applies exclusively to our websites. We have no way of influencing the practices of other providers with respect to data protection, nor do we carry out any checks to ensure that they conform to the relevant data protection legislation.

VIII. Rights of the data subject

In case of processing of personal data, you are data subject as defined by GDPR and you have the following rights to the controller:

1. Right to information and access
You shall have the right to obtain from the controller confirmation as to whether or not your personal data is being processed by us.
If such processing is the case, you shall have the right to request and access to the following information from the controller:

  1. the purposes of processing the personal data;
  2. the categories of personal data concerned;
  3. the recipients or categories of recipients to whom the personal data relating to you have been or will be disclosed;
  4. where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  5. the existence of a right to request from the controller rectification or erasure of personal data or restriction of processing of your personal data or to object to such processing;
  6. the existence of a right to lodge a complaint with a supervisory authority; and
  7. where the personal data are not collected from the data subject, any available information as to their source.

You shall have the right to request information about whether your personal data are transferred to a third country or to an international organization. In this connection, you shall have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer.

2. Right to rectification
You shall have the right to obtain from the controller without undue delay the rectification of inaccurate or incomplete personal data.

3. Right to restriction of processing
You shall have the right to obtain from the controller the restriction of processing of your personal data where one of the following applies:

  1. you contest the accuracy of your personal data for a period of time enabling the controller to verify the accuracy of your personal data;
  2. processing is unlawful and you opposes the erasure of the personal data and requests the restriction of their use instead;
  3. the controller no longer needs the personal data for the purposes of processing, but you require them for the establishment, exercise or defence of legal claims; or
  4. you have objected to processing pursuant to Article 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override those of you.

Where processing of your personal data has been restricted, such data shall only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
Where processing of your personal data has been restricted, you will be informed by the controller before the restriction of processing is lifted.

4. Right to erasure
a) Obligation to erasure
You shall have the right to obtain from the controller the erasure of your personal data without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

  1. the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
  2. You withdraw your consent on which the processing is based according to Article 6 para. 1 lit. a GDPR or Article 9 para. 2 lit. a GDPR and there is no other Legal basis for processing;
  3. you object to the processing pursuant to Article 21 para 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21 para. 2 GDPR;
  4. your personal data have been processed unlawfully;
  5. the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject; or
  6. the personal data have been collected in relation to the offer of information society services referred to in Article 8 para. 1 GDPR;

b) Information to third parties
Where the controller has made your personal data public and is he obliged pursuant to Article 17 para. 1 GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

c) Exceptions
The right to erasure shall not apply to the extent that processing is necessary:

  1. for exercising the right of freedom of expression and information;
  2. for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  3. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89 para. 1 GDPR in so far as the right referred to in para. a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
  4. for the establishment, exercise or defence of legal claims.

5. Notification obligation
If you have the right of rectification, erasure or restriction of processing to the controller, the controller is obliged to notify all recipients to whom your personal data have been disclosed of this rectification or erasure of the personal data or restriction of processing, unless this proves impossible or involves disproportionate effort.
Upon your request, the controller shall inform you about those recipients.

6. Right to data portability
You shall have the right to receive your personal data, which you have provided to the controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

  1. the processing is based on consent pursuant to Article 6 para. 1 lit. a GDPR or Article 9 para. 2 lit. a GDPR or on a contract pursuant to Article 6 para. 1 lit. b GDPR, and
  2. the processing is carried out by automated means.

In exercising this right to data portability, you also shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The right to data portability shall not adversely affect the rights and freedoms of others.
That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right to object
You shall have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on Article 6 para. 1 lit. e or f GDPR.
The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of you or for the establishment, exercise or defence of legal claims.
Where personal data are processed for direct marketing purposes, you shall have the right to object at any time to processing of your personal data for such marketing. Where you object to processing for direct marketing purposes, your personal data shall no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

8. Right of withdrawal of consent regarding data protection law
You shall have the right to withdraw your consent regarding data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

9. Right to lodge complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of your personal data infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR.

IX. Acceptance, validity and modification of data protection conditions

By using our Web site, you implicitly agree to accept the use of your personal data as specified above. This present statement of data protection conditions came into effect on May 24, 2018. As our Web site evolves, and new technologies come into use, it may become necessary to amend the statement of data protection conditions. We reserve the right to modify our data protection conditions at any time, with effect as of a future date. We recommend that you re-read the latest version from time to time.