Scope of application
Who is responsible and to whom can I reach out?
You can contact the following office for all inquiries related to data protection:
Neuer Wall 80
Tel. +49 (0) 40 320 08669 0
Fax +49 (0) 40 320 8669 80
You can contact our external data protection officer at:
VIVACIS Consulting GmbH
61352 Bad Homburg
Which data do we process from you?
We collect and process various personal data from you depending on the specific processing situation. Below you will find a list of the data related to the respective processing situations.
What data do we process when you visit our websites?
You can visit our websites without disclosing your identity. If you use the services provided by GENUI on the websites without registering, we will process, inter alia, the following data from you:
- Data about the usage of the provided websites (e.g., used browser, used operating system, referrer URL, time of server request, requested contents, duration of usage);
- IP address; and
- Other technical data equivalent to those above.
Which data do we process when you contact us?
Depending on your request, you can contact us via our websites or outside the Internet, either by telephone or in writing. We only store and process your e-mail address, telephone number, postal address, and other information that you have provided to us.
From whom do we collect your personal data?
Personal data is only collected directly from you, e.g., by visiting our websites or using the services offered, such as the possibility of contacting us by e-mail.
For what purposes and on what legal basis do we process your data?
We process your personal data exclusively in accordance with the provisions of the General Data Protection Regulation (“GDPR”) and the Federal Data Protection Act (Bundesdatenschutzgesetz) (“BDSG”). In certain situations, we also process your personal data to fulfill other legal obligations or based on your explicit consent.
For the performance of a contract
We process your personal data to fulfill contractual or quasi-contractual obligations, to enter into an agreement, e.g. to provide services in our role as investor, to support current customers, or to answer questions.
To be in compliance with legal obligations
To the extent that we are subject to legal obligations, for the compliance of which the processing of your personal data is necessary, we process your personal data on the basis of these legal obligations.
Based on our legitimate interests
We also process your personal data to protect our legitimate interests, except where your interests or fundamental rights and freedoms, which require the protection of your personal data prevail.
Subject to a decision to be made in individual cases, we usually assume that our legitimate interests prevail within the context of the following processing situations, which are not listed exhaustively:
- Improving our offers and services;
- Analysis of the usage of our websites;
- Ensuring the confidentiality and integrity of our IT systems;
- Cooperation with public authorities.
Based on your consent
If you have given us separate consent to process your personal data, we will process your personal data within and on the basis of this consent. Consents may, for example, relate to the transfer of data to associated companies, the evaluation of your data for targeted advertising activities or sending of newsletters.
Consent is always freely given. Refusing or revoking your consent will not have any negative consequences for you.
To whom do we transfer your data?
We transfer your personal data to the extent necessary for the formation, execution or termination of an agreement or quasi-contractual legal relationship, in principle, only to companies affiliated with us.
Transfer to business partners and external consultants
If necessary, we transfer your personal data to our business partners for the execution of an existing contract or if we believe, based on our current business relationship, that the transfer of your personal data is in your interest, for example, to introduce business contacts of interest. Personal Data is regularly transferred to our external consultants in connection with fund-raising, investments, or the establishment and management of funds within the framework of existing contractual relationships.
Transfer to processors
For the processing of your data we also use external service providers to whom we transfer your personal data, who only process the data on our behalf and only in a contractually agreed upon manner (“Processers”). Processors are also contractually obliged, for example, to either delete or return the data upon termination of the engagement.
Transfer based on legal obligations or for the protection of legitimate interests
To the extent we are obliged to do so by law, court order, or by an enforceable official order, we will transfer your personal data to bodies entitled to receive information.
If you have given us a separate consent form to use and transfer your personal data, your personal data may be passed on to the recipients named therein. As part of the provision of third-party services on our websites, personal data may be passed on to third parties. Please refer to section 12 for more detailed information. In addition, no personal data will be transferred on to third parties unless, in individual cases, there is a specific legal justification for the transfer, and your interests or fundamental rights and freedoms do not prevail.
Do we transfer your data to third countries?
For some types of processing, we may transfer your personal data to countries outside the European Union or the European Economic Area, to so-called third countries. In the course of a transfer of personal data to a third country, we will regularly provide appropriate guarantees, for example, by concluding the Standard Contractual Clauses of the European Commission to ensure that the transfer of data takes place with the same level of data protection that corresponds to the GDPR.
How long do we store your personal data?
We process and store your personal data only as long as necessary for our processing purposes.
Upon request, we will regularly delete the data collected and stored for our websites’ usage at any time. We will do this ourselves and within a few days, unless we have a particular interest in continuing storage for individual cases, e.g., cyberattacks.
Regarding your contact requests, we only store your data for the time period necessary to answer your request.
Insofar as a longer retention period is required by statutory retention and documentation obligations or to protect our legitimate interests, e.g., in the event of possible legal disputes, your personal data will be stored and processed even after the above-mentioned period has expired. With complete execution of a contract or quasi-contractual relationship, we will, as far as possible, immediately restrict your personal data from further processing.
A final deletion takes place after the legal retention and documentation obligation periods expire, which are between two and ten years and result, inter alia, from the Fiscal Code of Germany (Abgabenordnung) or German Commercial Code (Handelsgesetzbuch).
In the following, you will find a summary of your rights regarding the processing of your personal data:
Rights to access, delete, correct, restrict processing, and portability of your data
According to Article 15 GDPR, you have the right to obtain confirmation from us as to whether or not personal data concerning you is being processed by us. Where that is the case, you have a right to access the personal data and obtain further information.
According to Article 16 GDPR, you may have the right to obtain the rectification of inaccurate personal data concerning you without undue delay.
According to Article 17 GDPR, you may have the right to obtain erasure of personal data concerning you if (i) it is no longer necessary in relation to the purpose for which it is collected, (ii) you have withdrawn your consent on which the processing is based, (iii) you have objected to the processing pursuant to Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) GDPR, (iv) your personal data has been unlawfully processed; (v) the personal data has to be erased for compliance with a legal obligation to which GENUI is subject , or (vi) the personal data has been collected in relation to the offer of information society services pursuant to Article 8 (1) GDPR.
According to Article 18 GDPR, you may have the right to obtain the restriction of processing. Such right shall exist if (i) you contested the accuracy of the personal data, (ii) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead, (iii) the personal data is no longer needed for the purposes of the processing, but it is required by you for the establishment, exercise or defense of legal claims, or (iv) you have objected to processing pursuant to Article 21(1) GDPR pending the verification of whether our grounds legitimately override yours.
According to Article 19 GDPR, you have the right to obtain information about the recipients of data to whom the rectification, erasure, or restriction of processing has been communicated.
According to Article 20 GDPR, you have the right to obtain personal data concerning you in a structured, commonly used and machine-readable format and to transmit the data to another controller.
If the processing or transfer of your personal data is based on a consent given by you, you can withdraw your consent at any time with effect for the future.
You have the right to lodge a complaint against the processing of your data or any decision of GENUI in relation to one of your rights you have exercised, to the Hamburg Commissioner for Data Protection and Freedom of Information (Der Hamburgische Beauftragte für Datenschutz und Informationsfreiheit), Kurt-Schumacher-Allee 4, 20097 Hamburg.
To exercise your rights under section 9.1, you can contact us without any formality by post, fax or e-mail at the points of contact listed in section 2.
RIGHT TO OBJECT PURSUANT TO ARTICLE 21 DSGVO
OBJECTION ON GROUNDS OF YOUR PARTICULAR SITUATION
ACCORDING TO ARTICLE 21 (1) GDPR, YOU HAVE THE RIGHT TO OBJECT, ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION, AT ANY TIME, TO PROCESSING OF PERSONAL DATA CONCERNING YOU WHICH IS BASED ON OUR LEGITIMATE INTERESTS, INCLUDING PROFILING (E.G., CREDIT RATING). WE SHALL NO LONGER PROCESS THE PERSONAL DATA UNLESS WE DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE THE INTERESTS, RIGHTS, AND FREEDOMS OF YOU, OR FOR THE ESTABLISHMENT, EXERCISE, OR DEFENSE OF LEGAL CLAIMS.
OBJECTION AGAINST DIRECT MARKETING
ACCORDING TO ARTICLE 21 (2) GDPR, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO PROCESSING OF PERSONAL DATA CONCERNING YOU FOR PURPOSES OF DIRECT MARKETING, WHICH INCLUDES PROFILING TO THE EXTENT THAT IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT TO THE PROCESSING FOR DIRECT MARKETING PURPOSES, YOUR PERSONAL DATA WILL NO LONGER BE PROCESSED FOR SUCH PURPOSES.
YOU CAN SEND YOUR OBJECTION INFORMALLY BY POST, FAX OR E-MAIL ADDRESSED TO:
NEUER WALL 80
TEL. +49 (0) 40 320 8669 0
FAX +49 (0) 40 320 8669 80
Is there any obligation on your side to provide personal data?
There is neither a contractual nor a legal obligation to provide us with your personal data for the use of our websites. However, if you wish to contact us, certain information may be required to enable us to process your request.
Is the processing based on automated decision-making or profiling?
You have a right not to be subject to a decision based solely on automated processing, including profiling, if the decision is not necessary for the conclusion or performance of a contract, is not required by mandatory law, or is not based on your explicit consent.
GENUI does not use automated decision-making procedures, including profiling, unless we have explicitly informed you of them.
What kind of cookies and tracking technology do we use?
You can limit the use of Tracking Technologies by changing the settings of your browser. You can determine what access you grant us and whether and for how long cookies can be stored on your device. You can also delete cookies that have already been stored at any time. Please note that the functionality of our websites may be affected after deactivating all cookies. Similar functions (such as Flash cookies), which are used by so-called browser add-ons, can be switched off or deleted by changing the settings of the browser add-on or via the website of the browser add-on provider.
What are cookies?
A cookie is a small file that is transferred during the use of a website from the host server of the website and stored on the user’s device (desktop computer, laptop, tablet, smartphone, other Internet-enabled devices) by the browser used. Cookies are used to store information about the user and to retrieve it when the website is called up again.
What are cookies used for?
Cookies help us understand the use of our websites, analyze trends, administer the websites, track a user’s steps on our websites, collect demographic information about our user base as a whole, allow you to navigate efficiently between the pages, remember your preferences and settings on our websites, and generally improve your browsing experience. We process the data collected using Tracking Technologies to (i) remember information so that you do not have to re-enter them during your visit or a new visit, (ii) recognize you across multiple devices, (iii) control the functionality and performance of our websites, (iv) collect aggregated metrics regarding the total number of visitors, total traffic, usage and demographic patterns on our websites, (v) diagnose and resolve technical issues, and (vi) otherwise plan and improve our website.
What types of cookies are used on our websites?
The cookies used on our website can usually be categorized as follows: mandatory cookies, analytical cookies, and function-related cookies.
These cookies are essential for the functioning of our websites and enable you to move around our websites and to use their functions. Without these cookies, certain services that are required for the full functioning of our websites cannot be provided.
With the help of these cookies, we collect information about how our users use our websites, e.g., which pages are accessed and read most frequently, or how users move from one link to the next. All information collected by this type of cookie does not relate to a single user but is aggregated and processed with the information of other users. Cookies provide us with analytical data on how our websites work and how we can improve them.
These cookies allow us to save a specific selection you have made and to adapt our website in such a way that it offers you extended functions and content. These cookies can be used, for example, to save your language selection or country selection.
How long are cookies stored on my device?
The retention period depends essentially on whether the cookie is “persistent” or “session-based.” Session-based cookies are deleted after you leave the websites that set the cookie. Persistent cookies remain on your device even after you have finished browsing until they are deleted or until they have expired.
Technical security measures
For security reasons and to protect the transmission of confidential information that you send to us as the website provider, we use SSL or TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.
If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.