GENERAL TERMS AND CONDITIONS OF SERVICE
1. DEFINITIONS. ACCEPTANCE OF THE GENERAL CONDITIONS OF THE SERVICE
1.1. winnovators-space.eu is a platform dedicated to cooperation between young women from disadvantaged rural backgrounds, students and university professors, and is exclusively governed by these “General Terms and Conditions of Service” (hereinafter GCS), accessible at the URL https://winnovators-space.eu/wp-login.php?loggedout=true&wp_lang=en_US (hereinafter Site), so provided by VITECO – Vitale Tecnologie Comunicazione S.r.l, (hereinafter Provider).
All users who access the services and products (hereinafter Services) offered by winnovators-space.eu within the global interconnection network, including for the publication and online dissemination of textual and/or multimedia content (hereinafter Content), whether registered in accordance with the procedures of art. 3 GCS (hereinafter Clients) and/or not registered, are obliged to read these GCS, which are binding on them in any case from the moment they use the Services. Residually, all those who interface, even indirectly, with the Site without using the Services, pursuant to these GCS, are to be considered Clients and are subject to these GCS.
1.2. From the conclusion of the contract between the Clients and the Provider to access the Services provided, reciprocal prerogatives arise that find their source in the scope of the forms in force according to these GCS. In any case, by using the Services provided by the Provider, the Clients accept the terms of the contractual proposal found at the URL address https://winnovators-space.eu/wp-login.php?loggedout=true&wp_lang=en_US
The Provider reserves the right to change the GCP at any time and without prior notice. Clients may check the current text of the GCS, as updated by winnovators-space.eu, at any time at the URL https://winnovators-space.eu/wp-login.php?loggedout=true&wp_lang=en_US , which shall be binding on them as amended. To this end, Clients are invited to periodically check the GCS at the URL address https://winnovators-space.eu/wp-login.php?loggedout=true&wp_lang=en_US
In addition, in all cases in which Clients use the Services of winnovators-space.eu, all the operating rules in force, or in any case accepted, for that specific service also apply, all of which constitute an integral and substantial part of the GCS, without prejudice to the prevalence of the latter in the event of conflict.
In all cases where the Provider provides a translation of the Italian language version of these GCS, the current relationship between the parties with respect to the Services provided, including for the resolution of any contradictions between the terms used in the different versions, shall be authentically governed by the Italian language version.
The Provider, in any case, advises those who interface with the Site for any reason to save or print a copy of these GCS.
2. DESCRIPTION OF THE SERVICES
2.1. The services of winnovators-space.eu are aimed directly at young women from disadvantaged rural backgrounds, students and university lecturers: winnovators-space.eu is a free space where to develop the skills of young women and the ability of students and university lecturers to become agents of change, thanks to online courses and gamified learning modules.
winnovators-space.eu is a new horizontal and independent community, without interference from commercial sponsors, created to build the WINnovators Community and provide an interactive workspace, supported by social media, for team activities and to engage policy makers from all member countries, who will contribute to the development of policy guidelines to create awareness and support gender-sensitive European education.
In order to be able to use the Services, it is necessary to obtain, and be equipped with, access to the global Internet interconnection network.
2.2. The Services allow the Client, who have completed the registration procedure referred to in Article 3 GCS, to publish and disseminate Content online in a virtual space technically prepared to receive them at the URL winnovators-space.eu, and in particular to
a) manage a personal page within the winnovators-space.eu website
b) publish online video and photographic content as well as text content, acknowledging that the Provider exercises its rights under Articles 6.1, .6.2 and 7. GCS;
c) post comments to Content published by other clients and intervene in the dialogue sections of the Site
d) report abuses or Content potentially contrary to these GCS.
2.3. The Services allow Clients to view Content posted by other Clients and also to:
a) report inappropriate Content (using the “report post” button);
b) vote for the Contents considered most interesting (by means of the “Like” button)
c) share Content with third parties, by sending them by e-mail, via the Services provided by the Site, the URL links relating to the shared Content (by means of the “Share” button)
To this purpose, Clients acknowledge and accept that the Content published by them on the Site and made accessible will be available, free of charge and for the entire duration of their stay online, to all Clients, who will be able to access and view it, until its removal or deletion in the cases provided for by these GCS in the exercise of the powers conferred by these GCS. The Clients also acknowledge that, for the proper performance of the Services, the Provider may reproduce/view the Content entered and, if necessary, adapt its format. The Clients expressly consent and authorise the Provider to carry out all useful and/or necessary operations in order to make the Services accessible to them.
2.4. The Clients acknowledge and accept that the application of protection systems entered is at their sole care and expense, and that, also due to the intrinsic nature of the global interconnection network, the Provider provides no guarantees and assumes no liability against the risks of deterioration and/or piracy in respect of all types of Content, also pursuant to the provisions of Article 3 GCS.
2.5. The Client’s right to use the Services is personal and non-transferable. The Services are intended exclusively for personal use. Clients are prohibited from reselling or otherwise assigning the Services provided under these GCS. Clients acknowledge and are required to accept that it is expressly forbidden to place online and exchange Content protected by copyright (Directive (EU) 2019/790), trademark, patent or industrial inventions, without the authorisations prescribed by national and/or, in any case, Community provisions. The reproduction and sharing on demand (including through file-sharing) of works protected by copyright, or otherwise protected, without the prescribed authorisations is prohibited and also subject to the relevant criminal provisions.
2.6. The provisions of the preceding paragraph shall also apply in cases in which the posting of Content takes place in violation of the national legislation of a country outside the EU area, without prejudice, in which case, to the International Conventions in force between the EU and the country in which the unlawful activity was carried out regarding copyright, trademarks, patents and industrial inventions.
3. REGISTRATION. PROTECTION OF MINORS. LACK OF GUARANTEES BY THE PROVIDER
3.1. In order to use the winnovators-space.eu Services referred to in Article 2, Clients undertake to:
a) provide the personal information requested during the online registration procedure on the Site, accepting these GCS, ensuring, also in accordance with criminal law, that it is up-to-date, complete and true;
b) enter, during the registration procedure, the username, password and e-mail address required in order to create a personal account: in particular, the registration procedure is completed with the Client receiving a confirmation e-mail containing a link to be typed in to activate the personal account
c) promptly update the personal information provided so that it is always current, complete and true. If Clients provide incomplete, out-of-date or false information, or if the Provider believes, based on its own assessment, that the information provided by Clients is incomplete, out-of-date or false, winnovators-space.eu shall be entitled to deactivate, temporarily or otherwise, the relevant accounts and prevent any further use of the Services.
3.2. The contract for the use of the Services governed by these GCS is governed by the general provisions on the capacity of contractors to act. Clients with the capacity to negotiate who intend to allow minors to access the Services offered under these GCS undertake to assist and control their access to the Services, with the understanding that minors will be able to access all Services not expressly excluded to them, by reason of their capacity.
Although the Services are aimed directly at the persons indicated in art. 2.1. CGS, are nevertheless created to arouse the widest possible interest. Consequently, it is the responsibility of the negotiating Clients, also in their capacity as guardians or custodians of minors, to determine whether and when the Services, as well as their Content, are appropriate for minors.
3.3. With these GCS, the Provider specifies that the uploading and sharing of information and data via the global interconnection network takes place under the exclusive control and responsibility, also towards third parties, of the Clients.
For all uploading activities, the Provider obliges the Clients to place Content online in full compliance with the binding copyright provisions, excluding all liability, civil and criminal, on its part in the event of any wrongdoing. WINnovators respects the intellectual property rights of users and creators and requires everyone to do the same. The Provider reserves the right, in accordance with the TOS, under certain circumstances and at its own discretion, to deactivate and/or suspend without notice the account of users who are found to have infringed the intellectual property rights of third parties.
In all cases, the owners of copyright or other rights to the Content posted online waive their economic exploitation.
The Provider requires Clients to independently ensure the constant protection of their access to the global interconnection network, by means of up-to-date protection systems and anti-virus programmes for downloading Content from the Site.
In particular, the Provider expressly states that:
(a) it excludes its liability for damages caused by incorrect or failed operation of the Services provided;
b) Services may be rendered discontinuously to Clients where this is due to failure of data or telephone networks;
c) its liability in relation to security problems with online programmes is excluded;
d) it excludes its liability in relation to copyright defects of the programmes and other Content placed online by the Clients: on this specific point, pursuant to Legislative Decree 70/2003 or Directive 2000/31/EC, it is specified that the access of the Clients to unlawful information is under their exclusive control and responsibility
e) its liability in connection with the dissemination of malicious software (so-called “computer viruses”) is excluded;
f) it excludes its liability for computer crimes and other unlawful behaviour of Clients and/or anyone who has made use of the Site.
4. INFORMATION ON THE PROTECTION OF PERSONAL DATA
The personal information requested during the online registration procedure, as well as any other information that may be associated, directly or indirectly, with specific Clients, is collected and used in accordance with Legislative Decree 196/2003 or Reg. 2016/679/EU (“Personal Data Protection Code”) and with what is expressly prescribed by the winnovators-space.eu Privacy Report, which can be consulted at the https://winnovators-space.eu/wp-login.php?redirect_to=https%3A%2F%2Fwinnovators-space.eu%2Fmembers%2Fnat%2Fprofile%2Fedit%2F&bp-auth=1&action=bpnoaccess , to which reference is expressly made.
5. AUTHENTICATION CREDENTIALS (USERNAME, PASSWORD AND E-MAIL ADDRESS)
5.1. The username, password and e-mail address chosen by Clients when registering for access to the Services in order to create a personal account in the registration form pursuant to Article 3.1 GCS are personal and may never be transferred. Clients are obliged to diligently guard their personal authentication credentials and keep them confidential in order to prevent the use of the Services by unauthorised third parties.
Clients are aware that, in order to regulate access to the Services, their authentication is subject exclusively to the verification of the username and password used by them.
Clients undertake to immediately notify the Provider, in the manner set out in Article 6 GCS, of any improper, unlawful or otherwise unauthorised use by third parties of their credentials, username, password and e-mail address.
Clients undertake to log out of their account at the end of each session.
Clients are, therefore, responsible for the safekeeping and correct use of their authentication credentials, also in accordance with the provisions of art. 6 GCS, to access the Services, as well as for any damaging consequence or prejudice that may be caused to anyone, even to winnovators-space.eu, as a result of the incorrect use, loss, theft and/or compromise of the confidentiality of the credentials used by Clients.
All operations carried out through the credentials used by Clients automatically entail the attribution to them of the operations carried out and the requests made.
5.2. Without prejudice to the foregoing, Clients shall be liable for any use by third parties, whether authorised or unauthorised, of their username, password and e-mail address credentials, as well as for any damage caused to the Provider or third parties as a result of failure to comply with these GCS, and shall in any case undertake to indemnify and hold harmless the Provider from any and all claims, including claims for damages, deriving directly or indirectly from the aforementioned use or abuse.
6. OBLIGATIONS OF THE CLIENTS
6.1. Clients who use WINnovators Services are obliged to comply with these GCS and, in order not to incur contractual liability towards the Provider
a) may not assign the Services rendered to them by the Provider to third parties;
b) are obliged not to disclose information about their activities to other Clients
c) are obliged to comply with – and enforce compliance with – the rules of the access contract and good conduct, in addition to the rules laid down in any self-discipline codes that may be in force between the parties (extension clauses)
d) are obliged to keep their personal authentication credentials (username, password and e-mail address) intact and secret and undertake to immediately notify the Provider, in writing or by means of a notification to the URL address indicated pursuant to Article 13 GCS, of cases where, for any reason, personal authentication credentials are no longer intact or secret or are subject to unauthorised use by third parties
e) are obliged to ensure that the material uploaded to them online – via account – is original or is covered by the necessary authorisations pursuant to Article 2 GCS
f) are in any case obliged to ensure that the material uploaded does not infringe copyright, trademark, patent or industrial invention rights and/or, in any case, any other provision of law, contract or custom
g) may not upload, post, e-mail or otherwise transmit or disseminate Content that is unlawful, harmful, threatening, abusive, harassing, defamatory and/or libellous, vulgar, racist or otherwise prejudicial to the rights of the Provider, Clients or third parties
h) may not cause harm, in any way whatsoever, to minors by means of Content depicting them without the authorisation of those exercising parental authority or guardianship over them, also in accordance with the self-regulatory codes provided for video or multimedia communications
i) may not falsify their identity or otherwise alter the truth about their relationship with third parties;
j) may not create headers, or otherwise manipulate, distinctive signs or indications in order to counterfeit the origin of any Content transmitted or broadcast through the Services
k) may not upload, post, email or otherwise transmit or disseminate Content that they do not have the right to transmit or disseminate under law, contract or under a fiduciary relationship
l) shall not engage in framing activities of Content related to the Services provided;
m) may not upload, post, send e-mails or otherwise transmit or disseminate advertising, promotional material, “junk mail”, “spam” or any other form of unauthorised or unsolicited solicitation, with the exception of the areas of the Site that are specifically dedicated to these purposes and that will be specifically regulated
n) may not upload, post, send e-mails or otherwise transmit or disseminate any material that contains viruses or other codes, files or programs designed to interrupt, damage or limit software, hardware or other communication equipment of third parties
o) may not, by availing themselves of the Services provided to them by the Provider, dispose of, disseminate, collect personal and/or sensitive data of other persons without their express consent in accordance with the provisions of Legislative Decree No. 196/2003 or Reg. 2016/679/EU, failing which they shall be exclusively and personally liable towards such persons for any wrongful acts committed against them.
6.2. The parties agree that, in any case, the Provider, while reserving the right to check in advance the Content entered by the Clients, is not obliged to do so, unless this is necessary to comply with a legal provision or a judicial order or other competent authority pursuant to Article 17 of Legislative Decree. vo 70/2003 or Directive 2000/31/EC, and cannot be held subject to any general obligation to monitor the same: therefore, the Provider is in no way responsible for the aforementioned Content, nor for any errors and/or omissions therein, nor for any damage caused to the Clients themselves and/or to third parties by the use or non-use of the Services provided.
The Provider, also through its auxiliaries, reserves the full right (without assuming any obligation in this respect) to reject or remove Content submitted by Clients.
Without prejudice to the foregoing, the Provider, also through its auxiliaries, reserves the right to remove Content that constitutes a violation of these GCS or is otherwise unlawful or illegal to the detriment of any relevant legal position.
Therefore, Clients shall be solely responsible for Content entered, published and/or disseminated online independently through the Services provided pursuant to these GCS, in their own name and/or on behalf of themselves or third parties, as well as for the accuracy and truthfulness thereof.
The Provider does not acquire any intellectual property rights to the Content, which remain solely with the Clients.
In this respect, Clients acknowledge that the Provider only provides a service for the delivery of Content uploaded within a virtual space (“hosting”) or for the acquisition and transmission of Content provided by other websites, freely acquired and transmitted by means of public connection interfaces.
Clients acknowledge that Content transmitted by means of public connection interfaces is transmitted autonomously and independently: such Content may therefore be removed or altered, without the Provider having any liability in this respect.
In any case, it is specified that Content posted by Clients will be immediately removed in all cases in which the parties withdraw from these GCS, pursuant to Article 12.2 GCS.
6.3. Clients acknowledge and accept that the Provider has the right to store Content and disclose it to third parties as follows
a) to any associated companies, for the purpose of providing Content to Clients in an efficient manner;
b) for the purpose of administering Clients’ accounts in accordance with the Provider’s or its affiliated companies’ standard operating procedures;
c) where required by law or where the Provider deems it necessary to: comply with legal process; enforce GCS; respond to claims that Content violates the rights of third parties; protect the rights, property or security requirements of the Provider, its Clients and third parties.
Clients acknowledge and agree that the technical processing, transmission or dissemination of the Services, including their Content, may involve:
(a) the transmission or dissemination of the Content in or via other networks;
(b) the need to make changes in order to conform and adapt such Content to the technical specifications of the networks or equipment interconnecting to the network.
7. ACTIONS AGAINST CLIENTS AND REMOVAL OF CONTENT
7.1. In the event of any breach by Clients of the provisions of Art. 2, 3, 4, 5 and 6 of the GCS and, in any case, if the Provider becomes aware, in any way, that Clients have used the Services in a manner inconsistent with the provisions of these GCS and/or receives a documented claim and/or report of the risk of such a violation; or if any dispute arises or any claim, demand and/or request of any kind is made by any third party against the Provider in relation to the Content or if the Provider believes that the Content may cause damage to third parties or to itself; or if the Services are used by Clients for commercial purposes, and are not expressly authorised to do so; or in the event of a request by the competent Authorities; or if it appears that the information and/or data provided by Clients at the time of registration do not comply with the requirements set out in art. 3.1. CGS, the Provider shall be fully entitled, without prejudice to any other remedy provided for by law, to take any measure or initiative it deems appropriate and/or necessary, including the removal or deletion of Content, as well as the suspension or deletion of Clients’ accounts, immediately disabling their access to the Services without prior notice. However, this is without prejudice to the Provider’s right to terminate these GCS and claim compensation for damages suffered, also pursuant to the provisions of Article 3.3. GCS.
7.2. Clients acknowledge that in the event that the Provider, in the course of carrying out periodic checks on the functionality of the Services, should become aware of alleged illegal activities, it is obliged and will immediately forward the report to the competent authorities, providing, at the request of the latter, the information in its possession that enables the identification of those responsible, in order to enable the aforesaid authorities to identify and prevent illegal activities.
7.3. Clients report abuses and violations of the Services, by typing the inappropriate content report link located within the pages on which video and photographic content is published or, in the case of all other Content (forums, blogs, personal profiles, etc.), by sending a communication using email at comunicazione@vitecoelearning.eu indicating the date, the URL where the inappropriate content can be found, the description of the content, the name of the author of the content, writing the words “Report inappropriate content” in the “TITLE” field of the message.
Clients, who are obliged to make the reports referred to in the previous sentence, accept that in the event of termination for any reason whatsoever of these GCS, their access to the Services will be disabled. Content placed online will also be removed or deleted pursuant to Articles 6.1. and 6.2. GCS.
Clients also acknowledge that under no circumstances shall the Provider be liable for the loss or deletion of Content.
8. WAIVER
8.1. The Clients, by virtue of the provisions of Article 6 of the GCS, undertake to indemnify the Provider, substantially and procedurally, against any loss, damage, liability, costs, expenses, arising from the publication and online dissemination of Content on the Site that infringes the prerogatives of third parties. They shall in any case be jointly and severally liable with the Provider for any and all claims for compensation received from third parties.
9. GENERAL RULES ON THE USE OF THE SERVICES. INTERNATIONAL USE OF THE SERVICES
9.1. The Clients acknowledge that the Provider may still establish general rules and limits concerning the use of the Services, including but not limited to the maximum number of days that e-mail messages, message boards and other uploaded Content will be kept online, the maximum number of messages that may be sent or received from an account on the Services and their maximum size, the maximum disk space that may be allocated to Clients on the Provider’s server(s), and the number of times (and the maximum duration of each such time) that Clients may access the Services in a given period of time.
Clients acknowledge and agree that the Provider shall in no way be held responsible for the deletion or mis-storage of any messages, communications or other Content maintained or transmitted via the Services.
The Provider shall be entitled to deactivate accounts that remain inactive for an extended period of time.
The Provider, except to the extent required by law, does not warrant the full and uninterrupted functionality of the Services, nor does it make or acknowledge any other warranties, express or implied, and makes no promises as to the quality, performance, fitness for a particular purpose or result of the Services, or the publication or permanence of Content online.
9.2. Considering the global nature of the interconnection network, Clients undertake to comply with all local regulations regarding online conduct and Content. Clients undertake to comply with all applicable laws regarding the transmission of data and online Content in their country of residence. When Clients enter into any relationship with international Content or international property of the Provider, including in relation to any affiliated companies, they shall in any event be bound by these TOS and the provisions governing that property of the Provider.
10. MODIFICATIONS
10.1. Clients are aware that these GCS may be amended at any time by posting the new version online. Clients, by using the Services, undertake to keep themselves up to date with and familiar with the terms and conditions and to act diligently with regard to any changes by periodically checking these GCS.
The new terms and conditions shall be effective automatically 30 days after the date of their notification by publication on the Site. Clients, within this period, if they do not agree with the new GCS, may withdraw, in accordance with the procedures set out in Article 12.2 GCS.
11. PUBLIC CONTENT AND RELATED RIGHTS. PROPERTY RIGHTS. LINK
11.1. Services that are accessible to the public are all those activities placed in areas of the Site to which access is permitted, without any limitation, to Clients.
The owners of copyright and any other right on the Content placed online waive the economic exploitation of the Content that can be shared on a large scale, without prejudice to the right of the parties to expressly provide for a fee in specific cases and, in any case, in full compliance with these GCS.
With respect to Content placed in publicly accessible areas of the Site or consisting of photographs, images or other graphic or text files placed in any other publicly accessible area of the Services, Clients grant the Provider a universally valid, royalty-free, non-exclusive licence to reproduce, modify, distribute, adapt and publish such Content by making it available for the Services. This licence also includes the Provider’s right to dispose of the Content and transfer it to other companies or persons, natural or legal, with whom it has dealings for the provision of the Services. With respect to postings on message boards and other dialogue sections of the Site and comments on Content, however, the licence granted by the authors is irrevocable and perpetual and is irrespective of the removal or deletion of the Content to which it refers.
The Clients confirm and warrant to the Provider, under their own responsibility, that they own the copyright and any other rights in the Content, contributions and comments posted online necessary to grant the above licence.
The licence granted by the Clients to the Provider is valid for as long as the Content is kept online and shall be deemed to be revoked when such Content is removed for any reason under these TOS.
The Provider respects the intellectual and/or industrial property rights of others and requires its Clients to do likewise. Anyone who believes that a work has been copied or “treated” by a third party within the Services provided by the Provider in such a way as to constitute a violation of copyright law, and, in any case, of any other right over the Content posted online, may notify the Provider in the manner set out in Article 13 GCS.
11.2. Clients acknowledge and accept that the Site and the Services provided are the exclusive property of the Provider: text, graphics, Client interfaces are protected by the applicable provisions.
Clients undertake not to access the Services in any other way than through the interface distributed by the Provider. Clients also acknowledge and accept that the acquisition of any kind of material or data through the use of the Services takes place under their full responsibility and that they are therefore solely responsible for any damage to the system or loss of data caused even indirectly by the use of the Services.
Clients further acknowledge that use of the Services is at their own risk and that the Services are provided by the Provider in their “as is” and “as available” condition.
11.3. The Services, or the Clients themselves, may provide links to other sites or other web resources. The Clients agree and acknowledge that the Provider is not responsible for the operation of such external sites or resources. The Provider has no control over, and is therefore in no way responsible for, the content and advertising published on such external sites or resources or for the products or services offered or traded therein. Clients acknowledge and agree that the Provider is in no way responsible or liable, directly or indirectly, for any damages suffered in connection with the content of or purchases of goods or services made through these sites.
12. TERM. WITHDRAWAL AND RIGHT TO CANCEL
12.1. The Services referred to in these GCS are provided free of charge and for an indefinite period.
12.2. Clients are entitled to withdraw from this Agreement at any time. Notice of withdrawal must be sent in accordance with Art. 13.1. GCS.
In addition to the above, Clients are entitled to withdraw from this agreement by deleting their account within the platform.
Withdrawal from this contract entails the termination of the Services provided, it being understood that the Clients continue to be responsible for the Content entered up to the date of withdrawal and in relation to the indemnity referred to in Article 8 CGS.
The exercise of the right of withdrawal by Clients and Customers does not make the Provider in any case liable to them or third parties for the suspension of the Services.
The Provider may withdraw from this Agreement at any time by written notice sent by any means, including telematic means, or as a consequence of account deactivation pursuant to Art. 9.1. CGS without the need for any other communication.
With the withdrawal of one of the parties and/or the consequent suspension of the Services, the Client’s right to use the Services ceases immediately.
Following the exercise of the right of withdrawal referred to in this paragraph, all personal data entered by Clients also pursuant to Articles 5 and 6 GCS, as well as all Content entered online, shall be immediately removed or deleted by the Provider in accordance with these GCS.
13. COMMUNICATIONS
13.1. Any communication between the parties shall be in writing and may be by email to the email address: comunicazione@vitecoelearning.eu
The Provider may give notice of changes to these GCP or other matters by posting general notices to Clients on the Services or links to such notices. The Provider may also send such notices to the Clients to the email address used for the registration procedure in Article 3.1. CGS.
In all cases in which, also pursuant to these GCS, Clients need to send notices to the Provider, they may submit a written request to VITECO SRL, located at Via Mario Sangiorgi n. 37 95129 Catania (Italy).
Clients acknowledge and accept that communications relating to these GCS may be sent by the Provider jointly or severally.
14. EXPRESS TERMINATION CLAUSE
14.1. The Provider is entitled to make use of an express termination clause, pursuant to Article 1456 of the Civil Code, in relation to conduct attributable to the Clients, such as: non-payment of the fee or any consideration provided for; failure to comply with relevant contractual obligations pursuant to Art. 6 of the CGS; the use, even through a third party, of the Provider’s services for any other illegal activity committed in breach of Italian or other state law (sending of unsolicited correspondence to third parties; liability for other harmful conduct towards third parties; violation of the secrecy of private messages or other confidential data).
15. APPLICABLE LAW.
15.1. These GCS and the relationship between the Provider and the Customers are governed by European laws, applicable in the territory of the European Union.
16. VIOLATIONS .
16.1. Any violations of these GCS may be reported to comunicazione@vitecoelearning.eu
ACCEPTANCE OF THE GENERAL CONDITIONS OF SERVICE (“GCS”)
The Clients declare, pursuant to and for the purposes of Art. 1341, paragraph 2 of the Italian Civil Code, that they have carefully read and specifically and individually approve the agreements contained in the preceding articles concerning: Art. 1. (Definitions. Acceptance of general conditions); Art. 2. (Description of Services); Art. 3. (Registration. Protection of Minors. Absence of Guarantees by the Provider); Art. 6. (Obligations of Clients); Art. 7. (Removal of Clients and Content); Art. 8. (Indemnity clause); Art. 9. (General rules concerning the use of services. (International use of the services); Art. 10. (Amendments); Art. 11. Intellectual property rights. Links); Art. 12. (Duration. Termination and right to cancellation); Art. 14. (Express termination clause); Art. 15. (Applicable law and competent court).
We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the WINNOVATORS. The use of the Internet pages of WINNOVATORS is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from 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 General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to WINNOVATORS. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, WINNOVATORS has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
Definitions
The data protection declaration of WINNOVATORS is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
Personal data means any information relating to an identified or identifiable natural person (“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.
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation 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 organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Controller or controller responsible for the processing 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 nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject 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 a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
VITECO LTD
Via Mario Sangiorgi 37
95129 Catania
Italy
Phone: (+39) 095 5865339
Email: info@vitecoelearning.eu
Website: https://www.vitecoelearning.eu/en
Cookies
The Internet pages of WINNOVATORS use cookies. Cookies are text files that are stored in a computer system via an Internet browser.
Many Internet sites 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 character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the dats subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.
Through the use of cookies, WINNOVATORS 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 optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
Collection of general data and information
The website of WINNOVATORS collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (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, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, WINNOVATORS does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, WINNOVATORS analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
Registration on our website
The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by 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 his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.
By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.
Subscription to our newsletters
On the website of WINNOVATORS, users are given the opportunity to subscribe to our enterprise’s newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.
WINNOVATORS informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise’s newsletter may 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 shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.
During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.
Newsletter-Tracking
The newsletter of WINNOVATORS contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, WINNOVATORS may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. WINNOVATORS automatically regards a withdrawal from the receipt of the newsletter as a revocation.
Contact possibility via the website
The website of WINNOVATORS contains information that enables 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 via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
Rights of the data subject
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
the purposes of the processing;
the categories of personal data concerned;
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 organisations;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
the existence of the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available information as to their source;
the existence of automated decision-making, including profiling, referred to in 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 envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by WINNOVATORS, he or she may, at any time, contact any employee of the controller. An employee of WINNOVATORS shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) 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 other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees WINNOVATORS will arrange the necessary measures in individual cases.
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
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 and the data subject opposes the erasure of the personal data and requests instead 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 defence of legal claims.
The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification 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 the processing of personal data stored by WINNOVATORS, he or she may at any time contact any employee of the controller. The employee of the WINNOVATORS will arrange the restriction of the processing.
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not 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, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of the WINNOVATORS.
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
WINNOVATORS 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 WINNOVATORS processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to WINNOVATORS to the processing for direct marketing purposes WINNOVATORS 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 by WINNOVATORS for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of WINNOVATORS. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
Each data subject shall have the right granted by the European legislator 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, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on 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 a data controller, or (2) it is based on the data subject’s explicit consent, WINNOVATORS shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of WINNOVATORS.
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of WINNOVATORS.
Data protection for applications and the application procedures
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
Data protection provisions about the application and use of Facebook
On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network.
A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
With each call-up to one of the individual pages of this Internet website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.
If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.
Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.
The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.
Data protection provisions about the application and use of Google Analytics (with anonymization function)
On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
For the web analytics through Google Analytics the controller uses the application “_gat. _anonymizeIp”. By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.
Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics through a JavaScript, that any data and information about the visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.
Data protection provisions about the application and use of Google-AdWords
On this website, the controller has integrated Google AdWords. Google AdWords is a service for Internet advertising that allows the advertiser to place ads in Google search engine results and the Google advertising network. Google AdWords allows an advertiser to pre-define specific keywords with the help of which an ad on Google’s search results only then displayed, when the user utilizes the search engine to retrieve a keyword-relevant search result. In the Google Advertising Network, the ads are distributed on relevant web pages using an automatic algorithm, taking into account the previously defined keywords.
The operating company of Google AdWords is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
The purpose of Google AdWords is the promotion of our website by the inclusion of relevant advertising on the websites of third parties and in the search engine results of the search engine Google and an insertion of third-party advertising on our website.
If a data subject reaches our website via a Google ad, a conversion cookie is filed on the information technology system of the data subject through Google. The definition of cookies is explained above. A conversion cookie loses its validity after 30 days and is not used to identify the data subject. If the cookie has not expired, the conversion cookie is used to check whether certain sub-pages, e.g, the shopping cart from an online shop system, were called up on our website. Through the conversion cookie, both Google and the controller can understand whether a person who reached an AdWords ad on our website generated sales, that is, executed or canceled a sale of goods.
The data and information collected through the use of the conversion cookie is used by Google to create visit statistics for our website. These visit statistics are used in order to determine the total number of users who have been served through AdWords ads to ascertain the success or failure of each AdWords ad and to optimize our AdWords ads in the future. Neither our company nor other Google AdWords advertisers receive information from Google that could identify the data subject.
The conversion cookie stores personal information, e.g. the Internet pages visited by the data subject. Each time we visit our Internet pages, personal data, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, at any time, prevent the setting of cookies by our website, as stated above, by means of a corresponding setting of the Internet browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the information technology system of the data subject. In addition, a cookie set by Google AdWords may be deleted at any time via the Internet browser or other software programs.
The data subject has a possibility of objecting to the interest based advertisement of Google. Therefore, the data subject must access from each of the browsers in use the link www.google.de/settings/ads and set the desired settings.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.
Data protection provisions about the application and use of Instagram
On this website, the controller has integrated components of the service Instagram. Instagram is a service that may be qualified as an audiovisual platform, which allows users to share photos and videos, as well as disseminate such data in other social networks.
The operating company of the services offered by Instagram is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, UNITED STATES.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which an Instagram component (Insta button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding Instagram component of Instagram. During the course of this technical procedure, Instagram becomes aware of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in at the same time on Instagram, Instagram detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Instagram component and is associated with the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, then Instagram matches this information with the personal Instagram user account of the data subject and stores the personal data.
Instagram receives information via the Instagram component that the data subject has visited our website provided that the data subject is logged in at Instagram at the time of the call to our website. This occurs regardless of whether the person clicks on the Instagram button or not. If such a transmission of information to Instagram is not desirable for the data subject, then he or she can prevent this by logging off from their Instagram account before a call-up to our website is made.
Further information and the applicable data protection provisions of Instagram may be retrieved under https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.
Data protection provisions about the application and use of LinkedIn
The controller has integrated components of the LinkedIn Corporation on this website. LinkedIn is a web-based social network that enables users with existing business contacts to connect and to make new business contacts. Over 400 million registered people in more than 200 countries use LinkedIn. Thus, LinkedIn is currently the largest platform for business contacts and one of the most visited websites in the world.
The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, UNITED STATES. For privacy matters outside of the UNITED STATES LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a LinkedIn component (LinkedIn plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding LinkedIn component of LinkedIn. Further information about the LinkedIn plug-in may be accessed under https://developer.linkedin.com/plugins. During the course of this technical procedure, LinkedIn gains knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in at the same time on LinkedIn, LinkedIn detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the LinkedIn component and associated with the respective LinkedIn account of the data subject. If the data subject clicks on one of the LinkedIn buttons integrated on our website, then LinkedIn assigns this information to the personal LinkedIn user account of the data subject and stores the personal data.
LinkedIn receives information via the LinkedIn component that the data subject has visited our website, provided that the data subject is logged in at LinkedIn at the time of the call-up to our website. This occurs regardless of whether the person clicks on the LinkedIn button or not. If such a transmission of information to LinkedIn is not desirable for the data subject, then he or she may prevent this by logging off from their LinkedIn account before a call-up to our website is made.
LinkedIn provides under https://www.linkedin.com/psettings/guest-controls the possibility to unsubscribe from e-mail messages, SMS messages and targeted ads, as well as the ability to manage ad settings. LinkedIn also uses affiliates such as Eire, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua, and Lotame. The setting of such cookies may be denied under https://www.linkedin.com/legal/cookie-policy. The applicable privacy policy for LinkedIn is available under https://www.linkedin.com/legal/privacy-policy. The LinkedIn Cookie Policy is available under https://www.linkedin.com/legal/cookie-policy.
Data protection provisions about the application and use of YouTube
On this website, the controller has integrated components of YouTube. YouTube is an Internet video portal that enables video publishers to set video clips and other users free of charge, which also provides free viewing, review and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full movies and TV broadcasts, as well as music videos, trailers, and videos made by users via the Internet portal.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. The YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a YouTube component (YouTube video) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube may be obtained under https://www.youtube.com/yt/about/en/. During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our Internet site was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google will receive information through the YouTube component that the data subject has visited our website, if the data subject at the time of the call to our website is logged in on YouTube; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for the data subject, the delivery may be prevented if the data subject logs off from their own YouTube account before a call-up to our website is made.
YouTube’s data protection provisions, available at https://www.google.com/intl/en/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.
Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for 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, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject 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 the consequences of non-provision of the personal data.
Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.