Last change: March 14, 2023
This data protection declaration applies to the processing of your data, namely your personal data, on the website “virtualminds.de” with all side and subpages. The operator’s email address is: info@virtualminds.de. The complete contact details can be found in the operator’s legal notice. The platform is used to provide information, to deliver advertising on the Internet and to manage advertising delivery. The platform is also used by the operator’s customers. In this respect, the operator processes the data on behalf of the respective customer, who is responsible for the data processing in accordance with the order. You can access the content of this declaration at any time via the subpage of the same name on the platform and also save or print it out using the appropriate functions in your Internet browser. For the use of the platform by the operator’s customers, reference is made to the data protection declaration of the respective customer.
The operator takes the protection of your data seriously and adheres to data protection laws. These laws serve to protect natural persons when processing personal data. Personal data is any information relating to an identified or identifiable natural person. Such data will only be processed to the extent necessary for any contract execution or to provide and improve the platform. Processing for contract execution only takes place if you initiate or conclude a contract with the operator; In this respect, additional reference is made to the user agreement. Processing for the provision and improvement only takes place if this is stated below or in a separate consent, ordered by the authorities or courts or otherwise provided for by law. The data is only processed by the operator in the member states of the European Union (EU). In particular, the Internet servers used by the operator for data processing are located in the EU member states. In principle, data will not be transferred to a third country or an international organization.
Your data will be processed form-dependent and form-independent. Depending on the form, this is the data that you enter in a form on the platform. Regardless of the form, this is the data that you leave on the operator’s servers even without entering it in a form. You can also leave data on the operator’s servers regardless of the form if you use an app or the website of one of the operator’s customers. However, this data is only processed by the operator on behalf of the customer, who is responsible for data processing and whose data protection declaration can be found on the respective app or website.
The data that you provide in a form on the platform will be processed when you use the form, namely after you have submitted the form. This is data for contacting you and, if you are a customer of the operator, data about your customer account. Personal data that you send using a form provided for this purpose is generally transmitted to the operator’s servers in encrypted form.
If you contact the operator using a form, the data you provided in the contact form will be encrypted and transmitted to the operator via email via the operator’s server. No further automated processing of your personal data takes place. The data transferred about you will only be used to process your request. If it is a request related to data processing that the operator carries out on behalf of a customer, the operator will forward your request in encrypted form to the respective customer. A response is always sent via email, which is also transmitted in encrypted form if your email service provider supports this. After the request has been processed, your personal data that you provided in the contact form or in response to the operator will be deleted. This does not apply if the data is still required to process the contract or if it conflicts with legal retention obligations; In this respect, however, the processing of your data is restricted.
As a customer of the operator, a customer account will be set up for you. In this respect, the data provided in the user agreement and, if necessary, later via the forms in the customer account, in particular your contact and campaign data, will be stored on the operator’s servers. You can view the stored data at any time via your customer account and correct or complete it using the forms in the settings. Of course, you can also contact the operator personally, for example by email to the address mentioned at the beginning. The same applies to deletion of the customer account. However, your data can only be deleted when it is no longer required to process the contract and there are no legal retention obligations to the contrary; Until then, however, the processing of your data will be restricted, in particular the customer account will be blocked.
The data that the operator needs either to provide or improve the platform is processed independently of the form. These can in particular be browser cookies, mobile identifiers and access protocols, whereby the data is generally transmitted in encrypted form.
The platform uses so-called cookies. These are small text files or simple entries in a database that your browser stores. The data in the cookies can only be read again by the platform that stored them. On the one hand, the platform uses cookies when you log in to your customer account. These cookies ensure that after you log in, only you can access the data stored in your customer account. For this purpose, a so-called session ID is stored in the cookie. After you log out, the cookie with the ID is deleted again. On the other hand, cookies are used when you visit a website that uses the platform. This means when you visit a site that delivers advertising or is preparing to deliver advertising via the Platform. These cookies are used to tailor advertising delivery to target groups and interests. For this purpose, a so-called advertising ID is stored in the cookie (e.g. so that you are not shown the same advertisement over and over again). The ID can also be assigned to advertising categories (e.g. age between 18 and 35 years / interest in cars). However, these categories always apply to a larger group of people, both individually and together. This means that the operator cannot identify you as a person either via the advertising ID as such or via the categories assigned to the ID. The cookies with the advertising ID can also be used by the customers for whom the operator processes data on behalf of an advertising delivery via the platform. The operator’s customers can assign the advertising ID to their own ID with advertising categories. In this respect, however, the respective customer is responsible for data processing, for whom the data protection declaration on the website you visit applies. The cookies used by the platform do not cause any damage to your device (e.g. computer/tablet), and in particular they do not contain any viruses. You can prevent the storage of cookies by setting the appropriate settings in your browser; In this case, you may no longer be able to use all functions of the platform or the website you are visiting. The same applies to deleting stored cookies.
Advertising can also be delivered to mobile applications (apps) via the platform. To do this, the apps can use a so-called mobile identifier, which is provided by the operating system of your device (Apple iOS or Google Android). This identifier ultimately corresponds to the advertising ID from a cookie. This means that the identifier can be assigned to advertising categories in order to design advertising in the apps according to target groups and interests. However, the categories always apply to a larger group of people. The operator can therefore neither identify you as a person via the identifier as such nor via the assigned categories. The identifiers can also be used by the customers for whom the operator delivers the advertising and assigned their own ID with advertising categories. In this respect, however, the respective customer is responsible for data processing. The operator cannot read, change or delete the identifier himself. However, you can prevent the use of the identifier by setting the appropriate settings in the app or in your operating system; In this case, you may no longer be able to use all functions of the app or system. Depending on the app and operating system, the same also applies to changing or deleting the identifier. For details, please refer to the data protection declaration of the respective app and your system.
The use of the platform and the delivery of advertising are statistically evaluated. For this purpose and to prevent misuse of the platform, the operator creates an access log. The log stores data about access to the platform and the viewing of advertising. This is the data that is transferred to the platform when your browser establishes a connection. This means that it is your IP address, the time of access or retrieval, the ID in a cookie of the platform or the mobile identifier, which address (URL) was accessed, whether the access was successful and how large the data transmitted by the platform was. If your browser transmits the respective data, the previous address (referrer) as well as information about the operating system and browser used (e.g. version) are also stored; However, you can prevent the transmission of this data via your browser settings. The logs are statistically evaluated, including for customers who use the platform to deliver advertising. The evaluation shows when which advertising was delivered to which website or app. This means that the logged data can only be taken from the statistics to a limited extent; in particular, the last quarter (octet) of the IP address is always blacked out. The identification of your person does not allow such an evaluation. To prevent misuse, the logs are encrypted and stored separately from the statistics. The logs are only decrypted and merged with other data if there is a specific suspicion of misuse, with the management and data protection officer of the operator and, if necessary, the customer concerned being consulted. The logs will be deleted as soon as they are no longer required to prevent misuse. Deletion will take place no later than three months after the end of the calendar month in which the data was logged.
The platform links social networks operated by third parties. This is, for example, to share (e.g. “Share”) or like (e.g. “Like”) the platform or posts on it in the respective network. However, a connection to such a network will only be established after you have pressed the button (link) for the respective network on the platform. Due to the processing of personal data by the social networks, over which the operator has no influence, please refer to the data protection declaration of the respective operator:
The platform may embed content from Google Maps (interactive maps) on its subpages. This content is not transmitted via the operator’s servers, but via the servers of Google Inc. (Google). When you display and use the embedded content, your IP address is transmitted to Google’s servers. Because without the transmission of your IP address, the embedded content cannot be accessed by your browser. In addition, your browser may transmit further data to Google’s servers (e.g. your location if you use the corresponding function), which the operator has no influence over. In this respect, you can also access the data protection declaration for Google Maps at:
We work with service providers to improve the website user experience and to get a better understanding of our site users. In addition, these providers can support us with advertising measures. Subject to your consent, we allow certain partners to collect data on this website using the cookies described above. With some of these partners, we are joint controllers within the meaning of data protection law (Art. 26 GDPR). This joint responsibility relates to the collection and transmission of data to us. The following partners and we are currently joint controllers
We and our partners have divided certain tasks and activities among ourselves as part of our shared responsibility. The breakdown looks like this:
You can exercise your rights as a data subject described below both towards us and towards our partner. We and our partner are liable for any processing that does not comply with the provisions of the GDPR in accordance with Art. 82 GDPR.
Do you still have questions about shared responsibility? We would be happy to provide you with further information about our collaboration with specific partners.
If you are affected by the processing of your personal data, you have rights against the person responsible for data processing in accordance with data protection regulations. You can contact the operator at any time to assert these rights, for example by email at the address mentioned at the beginning. The same applies to other questions about data protection from the operator. In addition to the operator, the operator’s data protection officer is also available to you: Mr. Attorney Daniel Raimer from the Daniel Raimer law firm in Düsseldorf; The contact details of the data protection officer can be found in his legal notice. If the data processing is carried out on behalf of a customer of the operator, you can contact this customer at any time; For their contact details, please refer to the legal notice of the respective app or website you are using. When contacting us in another context, you should also provide information that enables assignment in the respective context (e.g., as a customer, your customer number).
You have the right to revoke any consent to data processing at any time. The revocation of consent does not affect the lawfulness of the processing carried out based on the consent before its revocation.
You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you that is necessary to carry out a task in the public interest or to safeguard the legitimate interests of the operator. The operator will then no longer process the personal data unless it can demonstrate compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If your data is processed for the purpose of direct advertising, you have the right to object to data processing for the purpose of such advertising at any time. If you object to processing for direct advertising purposes, your personal data will no longer be processed for these purposes.
You can object to the processing of cookies for advertising purposes via the following links:
You can also use the EDAA preference management, which you can access via the following link: http://www.youronlinechoices.com/de/praferenzmanagement/
In addition, the operator considers it to be an objection to data processing for advertising purposes if you set the Do Not Track option in your browser settings. If you prevent the use of a mobile identifier in the settings of your mobile device (smartphone/tablet), it will no longer be used to deliver advertising via the app(s) of the respective device. However, the setting does not affect cookies stored in the browser of the same device. You would therefore have to declare an objection to the processing of such cookies separately (e.g. by accessing the preference management linked above via the device’s browser).
Your right to personally contact the operator or its customers to raise an objection remains unaffected.
You have the right to lodge a complaint with a supervisory authority if you believe that the processing of your personal data violates legal regulations. The State Commissioner for Data Protection and Freedom of Information of Baden-Württemberg (LfDI) in Stuttgart is responsible at the operator’s headquarters; The contact details can be found on the LfDI website. Your right to complain to another supervisory authority, in particular in the Member State of your place of residence, your place of work or the place of the alleged violation, remains unaffected. In addition, the right to lodge a complaint exists without prejudice to any other administrative or judicial remedy.
You have the right to request confirmation from the operator as to whether personal data concerning you is being processed; If this is the case, you have the right to access this data and the following information: (a) the purposes of the processing; (b) the categories of personal data processed; (c) the recipients or categories of recipients to whom the data has been or will be disclosed; (d) the intended period for which the data will be stored or, if this is not possible, the criteria for determining that period; (e) your rights under data protection regulations; (f) if the data is not collected from you, any available information about the origin of the data; (g) the existence of automated decision-making, including profiling, and meaningful information about it. You can find most of the information in this declaration. Of course, you can also contact the operator at any time, for example by email to the address mentioned at the beginning. Upon request, the operator will provide you with a copy of the personal data that is the subject of processing. However, this only applies if the rights and freedoms of other people are not affected. If you submit the application electronically, the information will be provided to you in a commonly used electronic format unless you specify otherwise.
You have the right to immediately request that the operator correct any incorrect personal data concerning you. Taking into account the purposes of the processing, you also have the right to request that incomplete personal data be completed, including by means of a supplementary statement.
You have the right to request that the operator delete personal data concerning you immediately, and the operator is obliged to delete this data immediately if one of the following reasons applies: (a) the data are no longer necessary for the purposes for which they were collected or otherwise processed; (b) you withdraw your consent on which the processing was based and there is no other legal basis for the processing; (c) you object to the processing and there are no overriding legitimate grounds for the processing or your objection concerns direct marketing; (d) your personal data has been processed unlawfully; (e) the deletion is necessary to fulfill a legal obligation to which the operator is subject or (f) the data was collected based on the child’s consent when offering information society services directly to a child.
However, the right to deletion does not apply if the processing is necessary: (a) to exercise the right to freedom of expression and information; (b) to comply with a legal obligation; (c) to carry out a task that is in the public interest or (d) to assert, exercise or defend legal claims. In this respect, you can request a blocking if necessary.
You have the right to request that the operator restrict (block) processing if one of the following conditions is met: (a) the accuracy of your personal data is contested by you, for a period enabling the Operator to verify the accuracy of such data; (b) the processing is unlawful and you refuse to delete your data and instead request restriction of data use; (c) der Betreiber die personenbezogenen Daten für die Zwecke der Verarbeitung nicht länger benötigt, Sie sie jedoch zur Geltendmachung, Ausübung oder Verteidigung von Rechtsansprüchen benötigen oder (d) you have objected to the processing as long as it is not yet clear whether the operator’s legitimate reasons outweigh yours; There is no need to weigh legitimate reasons when objecting to processing for direct advertising purposes.
If processing has been restricted, your personal data – apart from storage – may only be processed with your consent or to assert, exercise or defend legal claims or to protect the rights of another person or for reasons of important public interest. If you have obtained a restriction on processing, you will be informed by the operator before the restriction is lifted.
You have the right to receive your personal data that you have provided to the operator in a structured, commonly used and machine-readable format and you have the right to transmit these data to another controller without hindrance from the operator, provided that the processing is based on is based on your consent or on a contract between you and the operator and the processing is carried out using automated procedures. In this respect, you have the right to have your personal data transmitted directly from the operator to another person responsible, as long as this is technically feasible and the rights and freedoms of other people are not impaired. Your right to deletion remains unaffected. This right does not apply to processing necessary for the performance of a task carried out in the public interest.
The operator will inform all recipients to whom your data has been disclosed of any correction or deletion of your personal data or a restriction of processing, unless this proves impossible or involves disproportionate effort. The operator will inform you about such recipients if you request this.
If the operator has made the personal data public and is obliged to delete it, it will take appropriate measures, taking into account the available technology and the implementation costs, to inform third parties who process your personal data that you request the deletion of all links to have requested this data or copies of the data.
The legal regulations for data protection can be found in particular in the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). However, from May 25, 2018, the General Data Protection Regulation (GDPR) will take precedence. If you have given your express consent to the processing of your data, this is also the legal basis for data processing for the purposes to which you have consented (Art. 6 Para. 1 Letter a GDPR). If the processing is necessary for the fulfillment or initiation of a contract, this forms the legal basis (Art. 6 Para. 1 Letter b GDPR). These are usage contracts that are concluded between you and the operator or initiated at your request. Furthermore, the legal basis for data processing is the protection of the legitimate interests of the operator (Article 6 Paragraph f GDPR). This concerns the economic interest in the operation of the platform, in particular in the delivery of advertising that is tailored to target groups and interests. There is no automated decision-making including profiling within the meaning of Art. 22 GDPR. In particular, the assignment to advertising features has no legal effect on you or similarly significantly affects you.
Taking into account the type, scope, circumstances and purposes of the processing as well as the different probability of occurrence and severity of the risks to your rights and freedoms, the operator uses appropriate technical and organizational measures to ensure that data processing is carried out in accordance with legal regulations he follows. The measures are taken taking into account the state of the art and in particular include encryption of your data. The facilities and systems on which the data is processed are protected from unauthorized access, both physically and digitally. In particular, the operator’s servers are password protected. By regularly testing and updating the software used, the operator prevents security gaps that could allow your data to be misused. Only those people who report to the operator (employees) and who need it to fulfill their tasks receive access to personal data, and only to the extent necessary. The operator’s employees are instructed in advance on data processing and are obliged to maintain secrecy. Regular backups protect the data from loss and can be restored at any time. The default setting of the systems ensures that, in principle, only personal data whose processing is necessary for the respective processing purpose is processed. This implements data protection principles such as data minimization. In addition, the operator ensures the confidentiality, integrity, availability and resilience of the systems through technical and organizational measures. Compliance with data protection regulations is regularly checked and the measures updated if necessary.
