Data Privacy
In accordance with the legal requirements of data protection law (in particular in accordance with BDSG n.F. and the European Data Protection Regulation ‘DS-GVO’), we inform you below about the nature, scope and purpose of the processing of personal data by our company. This privacy policy also applies to our websites and social media profiles. Regarding the definition of terms such as “personal data” or “processing”, we refer to Art. 4 DS-GVO.
Name and contact details of the responsible person(s)
Our responsible person(s) (hereinafter “responsible person”) within the meaning of Art. 4 fig. 7 DS-GVO is:
Evolute Institute B.V.
Naomi Stubbé
Korte Lijnbaanssteeg 1
Office no. 4277
1012SL, Amsterdam
The Netherlands
E-mail address: info.(@).evolute-institute.com
Types of data, purposes of processing and categories of data subjects
In the following, we inform you about the type, scope and purpose of the collection, processing and use of personal data.
1. types of data we process
Inventory data (name, address, etc.), contact data (telephone number, e-mail, fax, etc.), content data (text input, videos, photos, etc.), communication data (IP address, etc.),
2. purposes of processing according to Art. 13 para. 1 c) DS-GVO.
Processing of contracts, marketing / sales / advertising, handling contact requests,
3. categories of data subjects according to Art. 13 para. 1 e) DS-GVO
Visitors/users of the website, interested parties,
The data subjects are collectively referred to as “users”.
Legal basis of the processing of personal data
Below we inform you about the legal basis for the processing of personal data:
If we have obtained your consent for the processing of personal data, the legal basis is Art. 6 (1) p. 1 lit. a) DS-GVO.
If the processing is necessary for the performance of a contract or for the implementation of pre-contractual measures, which are carried out at your request, Art. 6 (1) S. 1 lit. b) DS-GVO is the legal basis.
If the processing is necessary for the fulfillment of a legal obligation to which we are subject (e.g. legal retention obligations), Art. 6 (1) p. 1 lit. c) DS-GVO is the legal basis.
If the processing is necessary to protect vital interests of the data subject or another natural person, Art. 6 (1) p. 1 lit. d) DS-GVO is the legal basis.
If the processing is necessary to protect our legitimate interests or the legitimate interests of a third party and your interests or fundamental rights and freedoms are not overridden in this respect, Art. 6 (1) p. 1 lit. f) DS-GVO is the legal basis.
Disclosure of personal data to third parties and order processors
As a matter of principle, we do not pass on any data to third parties without your consent. If this should nevertheless be the case, then the transfer takes place on the basis of the previously mentioned legal grounds, e.g. in the case of the transfer of data to online payment providers for the fulfillment of a contract or due to a court order or because of a legal obligation to hand over the data for the purpose of criminal prosecution, to avert danger or to enforce intellectual property rights.
We also use processors (external service providers, e.g. for web hosting of our websites and databases) to process your data. If data is passed on to the processors as part of a contract processing agreement, this is always done in accordance with Art. 28 DS-GVO. In doing so, we carefully select our processors, regularly monitor them and have been granted a right to issue instructions regarding the data. In addition, the processors must have taken appropriate technical and organizational measures and comply with the data protection regulations according to BDSG n.F. and DS-GVO.
Data transfer to third countries
The adoption of the European General Data Protection Regulation (DS-GVO) has created a uniform basis for data protection in Europe. Your data is therefore predominantly processed by companies to which DS-GVO applies. If, however, processing is carried out by services of third parties outside the European Union or the European Economic Area, these must meet the special requirements of Art. 44 et seq. DS-GVO. This means that the processing takes place on the basis of special guarantees, such as the officially recognized determination by the EU Commission of a level of data protection corresponding to the EU or the observance of officially recognized special contractual obligations, the so-called “standard contractual clauses”.
Insofar as we obtain your express consent to the transfer of data to the USA due to the invalidity of the so-called “Privacy Shield”, pursuant to Article 49 (1) sentence 1 lit. a) DSGVO, we point out in this regard the risk of secret access by US authorities and the use of the data for monitoring purposes, possibly without any legal remedy for EU citizens.
Deletion of data and storage period
Unless expressly stated in this privacy policy, your personal data will be deleted or blocked as soon as you revoke the consent given for processing or the purpose for storing the data no longer applies or the data are no longer required for the purpose, unless their continued storage is necessary for evidentiary purposes or is contrary to statutory retention obligations. This includes, for example, retention obligations under commercial law for business letters in accordance with Section 257 (1) of the German Commercial Code (HGB) (6 years) and retention obligations under tax law for receipts in accordance with Section 147 (1) of the German Fiscal Code (AO) (10 years). If the prescribed retention period expires, your data will be blocked or deleted, unless the storage is still necessary for the conclusion or fulfillment of a contract.
Existence of automated decision making
We do not use automated decision making or profiling.
Provision of our website and creation of log files
If you only use our website for informational purposes (i.e. no registration and no other transmission of information), we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data:
– IP address;
– Internet service provider of the user;
– Date and time of access;
– Browser type;
– Language and browser version;
– Content of the retrieval;
– Time zone;
– Access status/HTTP status code;
– Amount of data;
– Websites from which the request came;
– Operating system.
A storage of this data together with other personal data of you does not take place.
This data is used for the purpose of user-friendly, functional and secure delivery of our website to you with functions and content as well as its optimization and statistical evaluation.
The legal basis for this is our legitimate interest in data processing, which also lies in the above purposes, in accordance with Art. 6 Para. 1 S.1 lit. f) DS-GVO.
For security reasons, we store this data in server log files for a storage period of days. After this period, they are automatically deleted, unless we need to keep them for evidence purposes in the event of attacks on the server infrastructure or other legal violations.
Cookies
We use so-called cookies when you visit our website. Cookies are small text files that your Internet browser places and stores on your computer. When you visit our website again, these cookies provide information to automatically recognize you. Cookies also include the so-called “user IDs”, where user information is stored by means of pseudonymized profiles. When you access our website, we will inform you of the use of cookies for the aforementioned purposes by means of a reference to our data protection declaration and how you can object to this or prevent their storage (“opt-out”).
The following types of cookies are distinguished:
– Necessary, essential cookies: essential cookies are cookies that are absolutely necessary for the operation of the website in order to store certain functions of the website such as logins, shopping cart or user input, e.g. regarding the language of the website.
– Session cookies: Session cookies are required to recognize multiple use of an offer by the same user (e.g. if you have logged in to determine your login status). When you visit our site again, these cookies provide information to automatically recognize you. The information thus obtained is used to optimize our offers and to provide you with easier access to our site. When you close the browser or log out, the session cookies are deleted.
– Persistent cookies: these cookies remain stored even after you close the browser. They are used for login storage, reach measurement and marketing purposes. They are automatically deleted after a specified duration, which may differ depending on the cookie. You can delete the cookies at any time in the security settings of your browser.
– Cookies from third-party providers (third-party cookies esp. from advertisers): According to your preferences, you can configure your browser settings and, for example, refuse to accept third-party cookies or all cookies. However, we would like to point out at this point that you may then not be able to use all the functions of this website. Read more about these cookies at the respective privacy statements of the third-party providers.
Data categories: User data, cookie, user ID (inb. the pages visited, device information, access times and IP addresses).
Purposes of processing: The information obtained in this way serves the purpose of technically and economically optimizing our web offers and providing you with easier and more secure access to our website.
Legal basis: If we process your personal data with the help of cookies based on your consent (“opt-in”), then Art. 6 para. 1 p. 1 lit. a) DSGVO is the legal basis. Otherwise, we have a legitimate interest in the effective functionality, improvement and economic operation of the website, so that in that case Art. 6 para. 1 p. 1 lit. f) DS-GVO is the legal basis. The legal basis is also Art. 6 para. 1 p. 1 lit. b) DS-GVO if the cookies are set to initiate a contract, e.g. for orders.
Storage period/deletion: The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
Cookies are otherwise stored on your computer and transmitted from it to our site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.
Here you can find information about deleting cookies by browser:
Chrome: https://support.google.com/chrome/answer/95647
Safari: https://support.apple.com/de-at/guide/safari/sfri11471/mac
Firefox: https://support.mozilla.org/de/kb/cookies-und-website-daten-in-firefox-loschen
Internet Explorer: https://support.microsoft.com/de-at/help/17442/windows-internet-explorer-delete-manage-cookies
Microsoft Edge: https://support.microsoft.com/de-at/help/4027947/windows-delete-cookies
Objection and “Opt-Out”: You can generally prevent the storage of cookies on your hard drive, regardless of consent or legal permission, by selecting “do not accept cookies” in your browser settings. However, this may result in a functional restriction of our offers. You can object to the use of cookies from third-party providers for advertising purposes via a so-called “opt-out” via this American website (https://optout.aboutads.info) or this European website (http://www.youronlinechoices.com/de/praferenzmanagement/).
Processing of contracts
We process inventory data (e.g. company, title/academic degree, names and addresses as well as contact data of users, e-mail), contract data (e.g. services used, names of contact persons) and payment data (e.g. bank details, payment history) for the purpose of fulfilling our contractual obligations (knowledge of who is a contractual partner; justification, content and execution of the contract; checking the plausibility of the data) and services (e.g. contacting customer service) pursuant to Art. 6 para. 1 p. 1 lit b) DS-GVO. The entries marked as mandatory in online forms are required for the conclusion of the contract.
In principle, this data is not passed on to third parties, unless it is necessary for the pursuit of our claims (e.g. transfer to lawyer for collection) or for the performance of the contract (e.g. transfer of data to payment providers) or there is a legal obligation to do so pursuant to Art. 6 para. 1 p. 1 lit. c) DS-GVO.
We may also process the data you provide to inform you about other interesting products from our portfolio or to send you e-mails with technical information.
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. This is the case for inventory and contract data when the data is no longer required for the performance of the contract and claims can no longer be asserted under the contract because they are time-barred (warranty: two years / standard limitation period: three years). We are obliged by commercial and tax law to store your address, payment and order data for a period of ten years. However, we restrict processing after three years if the contract is terminated, i.e. your data is only used to comply with legal obligations. Details in the user account remain until it is deleted.
Contacting us via contact form / e-mail / fax / mail
When contacting us via contact form, fax, mail or e-mail, your information will be processed for the purpose of handling the contact request.
The legal basis for the processing of the data is, if you have given your consent, Art. 6 para. 1 p. 1 lit. a) DS-GVO. The legal basis for the processing of data transmitted in the course of a contact request or e-mail, letter or fax is Art. 6 para. 1 p. 1 lit. f) DS-GVO. The responsible party has a legitimate interest in processing and storing the data in order to be able to answer users’ inquiries, to preserve evidence for liability reasons and, if necessary, to be able to comply with its statutory retention obligations for business letters. If the contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 p. 1 lit. b) DS-GVO.
We may store your information and contact request in our customer relationship management system (“CRM system”) or a comparable system.
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with you has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified. We store inquiries from users who have an account or contract with us until two years after termination of the contract. In the case of legal archiving obligations, the deletion takes place after their expiry: end of commercial law (6 years) and tax law (10 years) retention obligation.
You have the option at any time to revoke your consent to the processing of personal data pursuant to Art. 6 (1) p. 1 lit. a) DS-GVO. If you contact us by e-mail, you can object to the storage of personal data at any time.
Google Maps
We have used maps from “Google Maps” (provider: Google Ireland Limited, Register No.: 368047, Gordon House, Barrow Street, Dublin 4, Ireland) integrated.
Data category and description of data processing: Usage data (e.g. IP, location, page viewed). Google Maps allows us to display the location of addresses and directions directly on our website in interactive maps and enables you to use this tool. When you call up our website where Google Maps is integrated, a connection is established to Google’s servers in the USA. In this process, your IP and location may be transmitted to Google. In addition, Google receives the information that you have called up the corresponding page. This also takes place without a user account with Google. If you are logged into your Google account, Google can assign the above data to your account. If you do not wish this, you must log out of your Google account. Google creates user profiles from such data and uses this data for the purpose of advertising, market research or optimizing its websites.
Purpose of processing: Provision of a user-friendly, economical and optimized website.
Legal basis: If you have given your consent (“opt-in”) for processing of your personal data by means of “Google Maps” from the third-party provider, then Art. 6 (1) p. 1 lit. a) DS-GVO is the legal basis. In addition, the legal basis is our legitimate interest in data processing in the above purposes according to Art. 6 para. 1 p.1 lit. f) DS-GVO.
Data transfer/recipient category: third-party providers in the USA.
Storage period: cookies for up to 6 months or until deleted by you. Otherwise as soon as they are no longer needed for the processing purposes.
Possibility of objection and removal: You have a right of objection to Google against the creation of user profiles. Please address this directly to Google via the privacy policy mentioned below. You can make an opt-out objection regarding advertising cookies here in your Google account:
https://adssettings.google.com/authenticated.
In the terms of use of Google Maps at https://www.google.com/intl/de_de/help/terms_maps.html and in the privacy policy for advertising of Google at https://policies.google.com/technologies/ads you can find more information about the use of Google cookies and their advertising technologies, storage period, anonymization, location data, functionality and your rights. General privacy policy of Google: https://policies.google.com/privacy.
Presence in social media
We maintain profiles or fan pages in social media. When you use and call up our profile in the respective network, the respective data protection information and terms of use of the respective network apply.
Data categories and description of data processing: usage data, contact data, content data, inventory data. Furthermore, user data within social networks is usually processed for market research and advertising purposes. For example, usage profiles can be created based on the usage behavior and resulting interests of the users. The usage profiles can in turn be used, for example, to place advertisements within and outside the networks that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users’ computers, in which the usage behavior and interests of the users are stored. Furthermore, data independent of the devices used by the users may also be stored in the usage profiles (especially if the users are members of the respective platforms and are logged in to them). For a detailed presentation of the respective forms of processing and the options to object (opt-out), we refer to the privacy statements and information provided by the operators of the respective networks. In the case of requests for information and the assertion of data subject rights, we also point out that these can be asserted most effectively with the providers. Only the providers have access to the users’ data and can take appropriate measures and provide information directly. If you still need assistance, then you can contact us.
Purpose of processing: communication with users connected and registered on the social networks; information and advertising for our products, offers and services; external presentation and image cultivation; evaluation and analysis of the users and content of our presences in the social media.
Legal basis: The legal basis for the processing of personal data is our legitimate interest in the above purposes pursuant to Art. 6 (1) p. 1 lit. f) DS-GVO. Insofar as you have given us or the responsible party of the social network consent to the processing of your personal data, the legal basis is Art. 6 para. 1 p. 1 lit. a) in conjunction with. Art. 7 DS-GVO.
Data transfer/recipient category: Social network.
The data protection notices, information options and objection options (opt-out) of the respective networks / service providers can be found here:
– LinkedIn – Service provider: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland) – Privacy policy: https://www.linkedin.com/legal/privacy-policy, Cookie policy and Opt-Out: https://www.linkedin.com/legal/cookie-policy
Rights of the data subject
Objection or revocation to the processing of your data
Insofar as the processing is based on your consent pursuant to Art. 6 (1) p. 1 lit. a), Art. 7 DS-GVO, you have the right to revoke your consent at any time. This does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
Insofar as we base the processing of your personal data on the balance of interests pursuant to Art. 6 (1) p. 1 lit. f) DS-GVO, you may object to the processing. This is the case if the processing is not necessary, in particular, for the performance of a contract with you, which is presented by us in each case in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the merits of the case and either discontinue or adapt the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing.
You may object to the processing of your personal data for purposes of advertising and data analysis at any time. You can exercise the right to object free of charge. You can inform us of your advertising objection using the following contact details:
Evolute Institute B.V.
Korte Lijnbaanssteeg 1
Office no. 4277
1012SL, Amsterdam
The Netherlands
E-mail address: info.(@).evolute-institute.com
Right to information
You have the right to request confirmation from us as to whether personal data relating to you is being processed. If this is the case, you have the right to information about your personal data stored by us in accordance with Art. 15 DS-GVO. This includes, in particular, information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the origin of your data if it has not been collected directly from you.
Right to rectification
You have a right to have incorrect data corrected or correct data completed in accordance with Art. 16 DS-GVO.
Right to deletion
You have a right to have your data stored by us deleted in accordance with Art. 17 DS-GVO, unless legal or contractual retention periods or other legal obligations or rights to further storage prevent this.
Right to restriction
You have the right to request a restriction in the processing of your personal data if one of the conditions in Art. 18 (1) a) to d) DS-GVO is met:
– If you dispute the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
– the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
– the controller no longer needs the personal data for the purposes of processing, but you need them for the establishment, exercise or defense of legal claims; or
– if you have objected to the processing pursuant to Article 21 (1) DS-GVO and it is not yet clear whether the legitimate grounds of the controller outweigh your grounds.
Right to data portability
You have a right to data portability pursuant to Art. 20 DS-GVO, which means that you can receive the personal data we hold about you in a structured, common and machine-readable format or request that it be transferred to another controller.
Right to complain
You have a right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority for this purpose, in particular in the Member State of your residence, workplace or the place of the alleged infringement.
Data security
In order to protect all personal data transmitted to us and to ensure that data protection regulations are complied with by us, as well as by our external service providers, we have taken appropriate technical and organizational security measures. Therefore, among other things, all data between your browser and our server is transmitted encrypted via a secure SSL connection.
Last updated: March 2024