This website can be used without specifying personal data. Certain services, however, may require the processing of personal data. If the processing of personal data is required and there is no statutory basis for such processing, we obtain consent from the data subject.
The processing of personal data, such as the name or email address of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and following the country-specific data protection regulations applicable to VCNRW – Virtualization Community NRW Helge Klein & Timm Brochhaus GbR.
This data protection declaration informs the general public about the nature, scope, and purpose of the personal data we collect, and of the rights to which they are entitled.
The data protection declaration of VCNRW – Virtualization Community NRW Helge Klein & Timm Brochhaus GbR 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.
In this data protection declaration, we use, among other things, the following terms:
- Personal data
- Personal data means any information relating to an identified or identifiable natural person (“data subject”).
- Data subject
- Data subject is any identified or identifiable natural person, whose personal data is processed by the controller.
- Processing refers to any operation performed on personal data, whether by automated means or manually.
- Restriction of processing
- Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
- Profiling refers to any form of automated processing of personal data with the purpose of evaluating certain personal aspects
- 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.
- Controller is the person or organization which, alone or jointly with others, determines the purposes and means of the processing of personal data.
- Processor is a person or organization which processes personal data on behalf of the controller.
- Recipient is a person or organization to which the personal data is disclosed, whether a third party or not. Public authorities which may receive personal data in the course of an inquiry in accordance with Union or Member State law shall not be regarded as recipients.
- Third party
- The third party is a person or organization other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized 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 clear affirmative action, signify agreement to the processing of personal data relating to him or her.
Name and Address of the Controller
The 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 listed in the imprint.
Name and Address of the Data Protection Officer
The controller is not required to appoint a Data Protection Officer.
The data subject may at any time prevent the setting of cookies through our website through a corresponding setting of the web browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time. The above is possible in all popular web browsers. If the data subject deactivates the setting of cookies in the web browser, not all functions of our website may be entirely usable.
Collection of General Information
This VCNRW – Virtualization Community NRW Helge Klein & Timm Brochhaus GbR website collects a series of general information when a data subject („visitor“) accesses the website. This general information is stored in server log files.
The collected information includes:
- the visitor’s browser type and version
- the operating system of the visitor’s system
- the website from which visitor reaches our website (so-called referrer)
- the path accessed on our website
- the date and time of access to the website
- the visitor’s IP address
- any other similar information that may be used in the event of attacks on our IT systems
When using this general information, VCNRW – Virtualization Community NRW Helge Klein & Timm Brochhaus GbR does not draw any conclusions about the data subject. Instead, this information is needed to:
- deliver our website content correctly and efficiently
- ensure the long-term viability of our IT systems
- provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack
VCNRW – Virtualization Community NRW Helge Klein & Timm Brochhaus GbR may analyze anonymously collected data statistically, with the aim of increasing the security of our company and the personal data we process.
The data subject may be able to register on the website of the controller with the indication of personal data. Which personal data is transmitted to the controller is determined by the registration form. The personal data entered by the data subject is collected and stored exclusively for internal use by the controller. The controller may request a transfer to one or more processors 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 used by the data subject, date, and time of the registration are also stored. The storage of this data takes because 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 controller’s IT systems.
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. Also, 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 as contact persons in this respect.
This website may offer users the ability to subscribe to a newsletter. The form used for this purpose determines what personal data is transmitted.
VCNRW – Virtualization Community NRW Helge Klein & Timm Brochhaus GbR informs its customers and business partners regularly through a newsletter about company news and offers. A confirmation email will be sent to the email address registered by a data subject when signing up for a newsletter following the double opt-in procedure. This confirmation email is used to prove whether the data subject who signed up for the newsletter is the owner of the email address specified during registration.
During the registration for the newsletter, we also store the IP address of the computer system used by the data subject as well as the then-current date and time. The collection of this data is necessary to understand the (possible) misuse of the email 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 newsletter registration will only be used to send our newsletter. Also, newsletter subscribers may be informed by email, as long as this is necessary for the operation of the newsletter service. There will be no transfer of personal data collected by the newsletter service to third parties.
The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. A corresponding link is found in each newsletter. Alternatively, the unsibscription may be communicated to the controller in a different way.
The newsletter of VCNRW – Virtualization Community NRW Helge Klein & Timm Brochhaus GbR may contain so-called tracking pixels. A tracking pixel is a miniature image embedded in such emails, 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, VCNRW – Virtualization Community NRW Helge Klein & Timm Brochhaus GbR may see if and when an email was opened by a data subject, and which links in the email were clicked by data subjects.
Such personal data collected in the newsletter tracking pixels 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 better to the interests of the data subject. This 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, this personal data will be deleted by the controller. VCNRW – Virtualization Community NRW Helge Klein & Timm Brochhaus GbR automatically regards a withdrawal from the receipt of the newsletter as a revocation.
This VCNRW – Virtualization Community NRW Helge Klein & Timm Brochhaus GbR website contains information that enables a quick electronic contact with our company. If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller is stored for processing or contacting the data subject. There is no transfer of this personal data to third parties.
This website may offer users the ability to leave comments. Comments made by the data subject are stored and published, as well as the date of the comment and the user alias chosen by the data subject. In addition, the data subject’s IP address is logged. This IP address storage happens for security reasons in case the data subject violates the rights of third parties or posts illegal content through a comment. This collected personal data will not be passed to third parties unless such a transfer is required by law or serves the aim of the defense of the data controller.
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 following legal requirements.
Rights of the Data Subject
Right of Confirmation
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 is being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may contact any employee of the controller.
Right of Access
Each data subject shall have the right granted by the European legislator to obtain from the controller information about their 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 organizations
- 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 complain with a supervisory authority
- where the personal data is not collected by the controller, 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 is transferred to a third country or an international organization. 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.
Right to Rectification
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 through 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.
Right to be Forgotten
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. 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 is no longer necessary for the purposes for which it was 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 under Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing under Article 21(2) of the GDPR.
- The personal data has 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 for 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 VCNRW – Virtualization Community NRW Helge Klein & Timm Brochhaus GbR, he or she may at any time contact any employee of the controller who shall promptly ensure that the erasure request is complied with.
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 employee will arrange the necessary measures in individual cases.
Right of Restriction of Processing
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 the restriction of their use instead.
- The controller no longer needs the personal data for processing, but it is required by the data subject for the establishment, exercise or defense of legal claims.
- The data subject has objected to processing under 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 VCNRW – Virtualization Community NRW Helge Klein & Timm Brochhaus GbR, he or she may at any time contact any employee of the controller who will arrange the restriction of the processing.
Right to Data Portability
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 that data to another controller without hindrance from the controller to which the personal data has 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 under 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.
To assert the right to data portability, the data subject may at any time contact any employee.
Right to Object
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.
VCNRW – Virtualization Community NRW Helge Klein & Timm Brochhaus GbR 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 defense of legal claims.
If VCNRW – Virtualization Community NRW Helge Klein & Timm Brochhaus GbR processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the 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 VCNRW – Virtualization Community NRW Helge Klein & Timm Brochhaus GbR to the processing for direct marketing purposes, VCNRW – Virtualization Community NRW Helge Klein & Timm Brochhaus GbR 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 VCNRW – Virtualization Community NRW Helge Klein & Timm Brochhaus GbR 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.
To exercise the right to object, the data subject may directly contact any employee. Also, 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.
Automated Individual Decision-Making and Profiling
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 is:
- not is necessary for entering into, or the performance of, a contract between the data subject and a data controller
- not authorized 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
- not based on the data subject’s explicit consent.
If the decision is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or it is based on the data subject’s explicit consent, VCNRW – Virtualization Community NRW Helge Klein & Timm Brochhaus GbR 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 directly contact any employee of the controller.
Right to Withdraw Data Protection Consent
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 directly contact any employee of the controller.
Data Protection for Applications
The data controller shall collect and process the personal data of applicants for the application procedure, which may be carried out electronically. 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. Legitimate interest in this relation is, e.g., a burden of proof in a procedure under the General Equal Treatment Act (AGG).
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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, 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. In case our company is 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 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 who 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 storage period 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 initiation of a contract.
We clarify that the provision of personal data is partly required by law (e.g., tax regulations) or can result from contractual provisions (e.g., information on the contractual partner).
It may be necessary that the data subject provides us with personal data to conclude a contract. 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 may contact any employee of the controller who will clarify to the data subject whether the provision of the personal data is required by law, 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
We do not use automatic decision-making or profiling.