Privacy Policy

Preamble

We would like to inform you about the processing of your personal data (hereinafter also referred to as "data") and the scope to which we process it with the following privacy policy. This privacy policy applies to all of our processing of personal data, both as part of providing our services and especially on our websites, in mobile applications, and within external online presences, such as our social media profiles (hereinafter collectively referred to as "Online Offer").

The terms used are not gender-specific.

Date: March 8, 2024

Controller

visearch UG (haftungsbeschränkt)
Gasborn 9
52062 Aachen
Germany

Email address: info@visear.ch
Imprint: https://visearch.io/legal-notice

Overview of Processing Activities

The following overview summarizes the types of data processed and the purposes for which they are processed and refers to the data subjects.

Types of Processed Data

  • Contact data.
  • Content data.
  • Usage data.
  • Meta/communication and procedural data.

Categories of Data Subjects

  • Communication partners.
  • Users.

Purposes of Processing

  • Contact requests and communication.
  • Security measures.
  • Management and answering of inquiries.
  • Feedback.
  • Provision of our online offer and usability.
  • Information technology infrastructure.

Relevant Legal Bases

Relevant legal bases under the GDPR: Below is an overview of the legal bases of the GDPR on which we base the processing of personal data. Please note that in addition to the provisions of the GDPR, national data protection regulations in your or our residential or seat country may apply. Furthermore, if specific legal bases are relevant in individual cases, we will inform you in the privacy policy.

  • Consent (Art. 6 para. 1 s. 1 lit. a GDPR) - The data subject has given consent to the processing of their personal data for one or more specific purposes.
  • Contract performance and pre-contractual inquiries (Art. 6 para. 1 s. 1 lit. b GDPR) - Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
  • Legitimate interests (Art. 6 para. 1 s. 1 lit. f GDPR) - Processing is necessary for the purposes of the legitimate interests pursued by the controller 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.

National data protection regulations in Germany: In addition to the data protection regulations of the GDPR, national regulations on data protection in Germany apply. This includes in particular the Law on the Protection against Misuse of Personal Data in Data Processing (Federal Data Protection Act – BDSG). The BDSG contains special regulations on the right to access, the right to deletion, the right to object, the processing of special categories of personal data, processing for other purposes and transmission as well as automated decision-making in individual cases including profiling. Furthermore, data protection laws of the individual federal states may apply.

Note on GDPR and Swiss DPA applicability: These data protection notices serve both to provide information under the Swiss Federal Act on Data Protection (Swiss DPA) and under the General Data Protection Regulation (GDPR). For this reason, we ask you to note that due to the broader geographical application and comprehensibility, the terms of the GDPR are used. In particular, instead of the terms "processing" of "personal data", "predominant interest" and "particularly sensitive personal data" used in the Swiss DPA, the terms "processing" of "personal data" as well as "legitimate interest" and "special categories of data" used in the GDPR are used. However, the legal meaning of the terms is determined within the scope of the Swiss DPA according to the Swiss DPA.

Security Measures

We take appropriate technical and organizational measures in accordance with legal requirements, taking into account the state of the art, implementation costs, and the nature, scope, circumstances, and purposes of processing as well as the varying likelihood and severity for the rights and freedoms of natural persons, to ensure a level of security appropriate to the risk.

Among the measures, in particular, are ensuring the confidentiality, integrity, and availability of data by controlling physical and electronic access to the data as well as access to, input of, forwarding of, securing of, and separation of the data. In addition, we have established procedures that ensure the enjoyment of data subject rights, deletion of data, and reaction to data risks. Moreover, we consider the protection of personal data already in the development or selection of hardware, software, and procedures, according to the principle of data protection, through technology design and through data protection-friendly default settings.

TLS/SSL encryption (https): To protect data transmitted via our online services, we use TLS/SSL encryption. Secure Sockets Layer (SSL) is the standard technology for securing internet connections by encrypting data transferred between a website or app and a browser (or between two servers). Transport Layer Security (TLS) is an updated and more secure version of SSL. Hyper Text Transfer Protocol Secure (HTTPS) is displayed in the URL when a website is secured by an SSL/TLS certificate.

Transmission of Personal Data

In the course of our processing of personal data, it happens that the data is transferred to other bodies, companies, legally independent organizational units, or persons. The recipients of this data may include, for example, service providers tasked with IT tasks or providers of services and content that are embedded in a website. In such cases, we comply with the legal requirements and, in particular, conclude corresponding contracts or agreements, which serve the protection of your data, with the recipients of your data.

International Data Transfers

Data processing in third countries: If we process data in a third country (i.e., outside the European Union (EU), the European Economic Area (EEA)) or if processing takes place in the context of the use of third-party services or disclosure or transfer of data to other persons, bodies or companies, this only occurs in accordance with the legal requirements. Provided that the data protection level in the third country has been recognized by means of an adequacy decision (Art. 45 GDPR), this serves as the basis for the data transfer. Otherwise, data transfers only take place if the data protection level is otherwise secured, in particular through standard contractual clauses (Art. 46 para. 2 lit. c GDPR), explicit consent, or in the case of contractual or legally required transmission (Art. 49 para. 1 GDPR). Furthermore, we inform you about the basis of third-country transfers for individual providers from third countries, whereby the adequacy decisions are considered the primary basis. Information on third-country transfers and existing adequacy decisions can be obtained from the information offer of the EU Commission: https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection_en?prefLang=de.

EU-US Trans-Atlantic Data Privacy Framework: In the context of the so-called "Data Privacy Framework" (DPF), the EU Commission has also recognized the data protection level for certain companies from the USA as safe within the framework of the adequacy decision of 10.07.2023. The list of certified companies as well as further information on the DPF can be found on the website of the US Department of Commerce at https://www.dataprivacyframework.gov/ (in English). We inform you in the data protection notices which of our service providers are certified under the Data Privacy Framework.

Deletion of Data

The data processed by us is deleted in accordance with the legal requirements as soon as the consents allowed for processing are revoked or other permissions are absent (e.g., if the purpose of processing these data has ceased or they are not required for the purpose). If the data is not deleted because they are required for other and legally permissible purposes, their processing is limited to these purposes. That is, the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons or whose storage is necessary for the assertion, exercise, or defense of legal claims or to protect the rights of another natural or legal person. Our privacy notices may also contain further information on the retention and deletion of data, which primarily apply to the respective processing.

Rights of the Data Subjects

Rights of the data subjects under the GDPR: You have various rights under the GDPR, which arise in particular from Articles 15 to 21 GDPR:

  • Right to object: You have the right, on grounds relating to your particular situation, to object at any time to the processing of your personal data which is based on Art. 6 para. 1 lit. e or f GDPR; this also applies to profiling based on these provisions. If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling, insofar as it is associated with such direct marketing.
  • Right to withdraw consents: You have the right to withdraw consents at any time.
  • Right of access: You have the right to request confirmation as to whether relevant data is being processed and to request information about this data as well as further information and a copy of the data in accordance with legal requirements.
  • Right to rectification: You have the right, in accordance with the legal requirements, to request the completion of the data concerning you or the correction of the incorrect data concerning you.
  • Right to erasure and restriction of processing: You have the right, under the legal requirements, to demand that data concerning you be erased immediately, or alternatively, to demand a restriction of the processing of the data in accordance with the legal requirements.
  • Right to data portability: You have the right to receive data concerning you, which you have provided to us, in a structured, common and machine-readable format or to demand its transmission to another controller.
  • Complaint to supervisory authority: You have the right to complain to a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

Use of Cookies

Cookies are small text files or other storage tokens that store information on end devices and read information from end devices. For example, to save the login status in a user account, a shopping cart content in an e-shop, the contents accessed, or functions used in an online offer . Cookies can also be used for different purposes, e.g., for the functionality, security, and comfort of online offers as well as the creation of analyses of visitor flows.

Notes on consent: We use cookies in accordance with legal regulations. Therefore, we obtain the users' prior consent, except when the consent is not legally required. Consent is particularly not necessary when the storing and reading of information, including cookies, is strictly necessary to provide the telemedia service (i.e., our online offer) explicitly requested by the users. This typically includes cookies with functions for displaying and running the online offer, load balancing, security, storage of user preferences, and selections, or similar functions related to the provision of the main and auxiliary functions of the online offer requested by the users. The revocable consent is clearly communicated to users and includes information on the respective cookie use.

Notes on legal bases for data protection: The legal basis on which we process personal data of users using cookies depends on whether we ask users for consent. If the users consent, the legal basis for processing their data is the declared consent. Otherwise, the data processed with the help of cookies are processed on the basis of our legitimate interests (e.g., in a business operation of our online offer and improvement of its usability) or, if the use of cookies is necessary to fulfill our contractual obligations.

Storage duration: Regarding the storage duration, the following types of cookies are distinguished:

  • Temporary cookies (also: session or session cookies): Temporary cookies are deleted at the latest after a user leaves an online offer and closes their end device (e.g., browser or mobile application).
  • Permanent cookies: Permanent cookies remain stored even after closing the end device. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, the data collected by cookies can be used for reach measurement. Unless we provide users with explicit information about the type and storage duration of cookies (e.g., during the consent process), users should assume that cookies are permanent and that the storage duration can be up to two years.

General notes on revocation and objection (opt-out): Users can revoke their consent at any time and object to processing in accordance with legal requirements. For example, the use of cookies can be restricted in the settings of their browser (which may also limit the functionality of our online offer). An objection to the use of cookies for online marketing purposes can also be declared via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/.

  • Legal bases: Legitimate interests (Art. 6 para. 1 s. 1 lit. f GDPR). Consent (Art. 6 para. 1 s. 1 lit. a GDPR).

Further notes on processing processes, procedures, and services:

  • Processing of cookie data based on consent: We use a consent management solution in which the consent of the users to the use of cookies or to the procedures and providers named within the consent management solution is obtained. This procedure serves to obtain, log, manage, and revoke consents, in particular regarding the use of cookies and similar technologies that are used to store, read, and process information on the users' end devices. In the course of this procedure, users' consents for the use of cookies and the associated processing of information, including specific processing and providers, are obtained. Users also have the option to manage and revoke their consents. The consent declarations are stored to avoid repeated queries and to be able to prove the consent according to legal requirements. The storage takes place server-side and/or in a cookie (so-called opt-in cookie) or by means of comparable technologies, to be able to assign the consent to a specific user or their device. Unless specific information on the providers of consent management services is provided, the following general notes apply: The duration of storage of the consent is up to two years. A pseudonymous user identifier is created and stored together with the time of consent, details on the scope of consent (e.g., concerning categories of cookies and/or service providers), as well as information on the browser, system, and end device used; Legal bases: Consent (Art. 6 para. 1 s. 1 lit. a GDPR).

Provision of the Online Offer and Web Hosting

We process the data of users to be able to offer them our online services. For this purpose, we process the IP address of the user, which is necessary to transmit the contents and functions of our online services to the browser or end device of the user.

  • Processed data types: Usage data (e.g., visited web pages, interest in content, access times); Meta/communication and procedural data (e.g., IP addresses, timestamps, identification numbers, consent status).
  • Affected persons: Users (e.g., website visitors, users of online services).
  • Purposes of processing: Provision of our online offer and usability; Information technology infrastructure (operation and provision of information systems and technical devices (computers, servers, etc.)). Security measures.
  • Legal bases: Legitimate interests (Art. 6 para. 1 s. 1 lit. f GDPR).

Further notes on processing processes, procedures, and services:

  • Provision of online offer on rented storage space: For the provision of our online offer, we use storage space, computing capacity, and software, which we rent or otherwise obtain from a corresponding server provider (also called "web host"); Legal bases: Legitimate interests (Art. 6 para. 1 s. 1 lit. f GDPR).
  • Collection of access data and log files: Access to our online offer is logged in the form of so-called "server log files". The server log files can include the address and name of the accessed web pages and files, date and time of access, transferred data volumes, notification of successful access, browser type along with version, the user's operating system, referrer URL (the previously visited page), and, as a rule, IP addresses and the requesting provider. The server log files can be used for security purposes, e.g., to avoid overloading the servers (especially in the case of abusive attacks, so-called DDoS attacks) and to ensure the load of the servers and their stability; Legal bases: Legitimate interests (Art. 6 para. 1 s. 1 lit. f GDPR). Deletion of data: Log file information is stored for a maximum period of 30 days and then deleted or anonymized. Data whose further retention is required for evidence purposes are exempted from deletion until the final clarification of the respective incident.

Contact and Inquiry Management

When contacting us (e.g., via mail, contact form, email, telephone, or social media) and in the context of existing user and business relationships, the information provided by the inquiring persons is processed to the extent necessary to respond to the contact inquiries and any requested measures.

  • Processed data types: Contact data (e.g., email, telephone numbers); Content data (e.g., entries in online forms); Usage data (e.g., visited web pages, interest in content, access times); Meta/communication and procedural data (e.g., IP addresses, timestamps, identification numbers, consent status).
  • Affected persons: Communication partners.
  • Purposes of processing: Contact inquiries and communication; Management and answering of inquiries; Feedback (e.g., collecting feedback via online form). Provision of our online offer and usability.
  • Legal bases: Legitimate interests (Art. 6 para. 1 s. 1 lit. f GDPR). Contract performance and pre-contractual inquiries (Art. 6 para. 1 s. 1 lit. b GDPR).

Further notes on processing processes, procedures, and services:

  • Contact form: When users contact us via our contact form, email, or other communication channels, we process the data provided in this context to handle the communicated concern; Legal bases: Contract performance and pre-contractual inquiries (Art. 6 para. 1 s. 1 lit. b GDPR), Legitimate interests (Art. 6 para. 1 s. 1 lit. f GDPR).

Modification and Update of the Privacy Policy

We ask you to regularly inform yourself about the content of our privacy policy. We adapt the privacy policy as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes require your participation (e.g., consent) or other individual notification.

If we provide addresses and contact information of companies and organizations in this privacy policy, please note that the addresses can change over time and verify the information before contacting us.

Definitions

In this section, you receive an overview of the terms used in this privacy policy. Insofar as the terms are legally defined, the legal definitions apply. The following explanations serve primarily for comprehension.

  • Personal data: "Personal data" means any information relating to an identified or identifiable natural person (hereinafter "data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g., cookie), or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
  • Controller: The "controller" is the natural or legal person, authority, institution, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
  • Processing: "Processing" is any operation or set of operations which is performed on personal data, whether or not by automated means. The term is broad and includes virtually any handling of data, whether it be collecting, evaluating, storing, transmitting, or deleting.