(Version 1.4 of 30/01/2021) We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of INSOLVO. The use of the Internet pages of INSOLVO is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to INSOLVO. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, INSOLVO has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of INSOLVO is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
4 rue de Chiny
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
4. Collection of general data and information
The website of INSOLVO collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, INSOLVO does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, INSOLVO analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Registration on our website
The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.
By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.
6. Subscription to our newsletters
On the website of INSOLVO, users are given the opportunity to subscribe to our enterprise’s newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.
INSOLVO informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise’s newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.
During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.
Certain newsletters of INSOLVO may contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, INSOLVO may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. INSOLVO automatically regards a withdrawal from the receipt of the newsletter as a revocation.
8. Contact possibility via the website
The website of INSOLVO contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
9. Use of Insolvo tools (https://www.insolvo.lu/tools/)
10. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
11. Rights of the data subject
a) 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 are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
c) 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 by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (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, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by INSOLVO, he or she may, at any time, contact any employee of the controller. An employee of INSOLVO shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of INSOLVO will arrange the necessary measures in individual cases.
e) 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 instead the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by INSOLVO, he or she may at any time contact any employee of the controller. The employee of INSOLVO will arrange the restriction of the processing.
f) 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 those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of INSOLVO.
g) 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.
INSOLVO shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If INSOLVO processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to INSOLVO to the processing for direct marketing purposes, INSOLVO 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 INSOLVO for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of INSOLVO. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including 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 (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, INSOLVO shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of INSOLVO.
i) 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, contact any employee of INSOLVO.
12. Data protection provisions about the application and use of Google Analytics (with anonymization function)
On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
For the web analytics through Google Analytics the controller uses the application “_gat. _anonymizeIp”. By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.
Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.
13. Data protection provisions about the application and use of LinkedIn
The controller has integrated components of the LinkedIn Corporation on this website. LinkedIn is a web-based social network that enables users with existing business contacts to connect and to make new business contacts. Over 400 million registered people in more than 200 countries use LinkedIn. Thus, LinkedIn is currently the largest platform for business contacts and one of the most visited websites in the world.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a LinkedIn component (LinkedIn plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding LinkedIn component of LinkedIn. Further information about the LinkedIn plug-in may be accessed under https://developer.linkedin.com/plugins. During the course of this technical procedure, LinkedIn gains knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in at the same time on LinkedIn, LinkedIn detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the LinkedIn component and associated with the respective LinkedIn account of the data subject. If the data subject clicks on one of the LinkedIn buttons integrated on our website, then LinkedIn assigns this information to the personal LinkedIn user account of the data subject and stores the personal data.
LinkedIn receives information via the LinkedIn component that the data subject has visited our website, provided that the data subject is logged in at LinkedIn at the time of the call-up to our website. This occurs regardless of whether the person clicks on the LinkedIn button or not. If such a transmission of information to LinkedIn is not desirable for the data subject, then he or she may prevent this by logging off from their LinkedIn account before a call-up to our website is made.
14. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR.
The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR.
Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
15. 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 partners.
16. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
17. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
18. Technical and organisational measures of INSOLVO to ensure the security of the data processing in accordance with Article 32 of the GDPR
Measures for ensuring confidentiality
- Fire alarm system in the business premises
- Document destruction through document on-premise collection by a CSSF-compliant disposal company / service provider and subsequent shredding in an off-site location in compliance with data protection requirements
- Data storage media destruction a certified disposal company
- Manual locking system in the office building
- Security locks in the offices
- Key rules and logging in the offices
- Logging of visitors at the offices
- Careful selection of office cleaning staff
- Passwords are created in accordance with the password guideline
- Every system access is logged
- All employees with access to personal data have made a separate commitment to maintain data protection and confidentiality
- There is regular training on data protection and data security
Measures for ensuring integrity
- There is a technical log of every entry and change of data.
- There is a roles and authorisations concept for data entry.
- All employees and partners undergo regular training in order to ensure compliance with the provisions of the GDPR and compliance with instructions.
- Work instructions for the purpose of ensuring data security and the correct execution of orders are regularly monitored.
Measures for ensuring availability
- Regular systematic data backups
- Service level agreements with certified IT providers
- Regular (automatic where possible) installation of security updates
- IT systems are serviced by external experts who regularly continue their training
- Safekeeping of data backups in secure separate locations
Measures for ensuring reliability
- System and capacity planning with safety reserves
19. Existence of automated decision-making
We do not use automatic decision-making or profiling.
20. Email, Calendar and Contacts
INSOLVO has chosen Heinlein Support GmbH, Schwedter Str. 8/9B, D-10119 Berlin, Germany (“Heinlein“) to provide its professional email, calendar and contact services. https://mailbox.org/en/data-protection-privacy-policy, INSOLVO and HEINLEIN have concluded the following Data Processing Agreement:
Data processing agreement in accordance with Article 28(3) of the GDPR of 23 April 2020 (Excerpts)
Insolvo SARL, 4 rue de Chiny, L-1334 Luxembourg-City, Luxembourg
Heinlein Support GmbH, Schwedter Straße 8/9B, 10119 Berlin, Germany
1. Subject matter and duration of the agreement
The subject matter of the contract is derived from the statement of work or the SLA of the main contract of the agreed service.
The contractor thereby processes personal data for the client within the meaning of Article 4(2) and Article 28 of the GDPR on the basis of this agreement.
The contractually agreed service shall be performed exclusively in a member state of the European Union or in a state which is party to the Agreement on the European Economic Area. Any relocation of the service or elements of the work for it to a third country required the prior consent of the client and may only be carried out if the special conditions of Articles 44 ff of the GDPR have been met (e.g. adequacy decision of the Commission, standard data protection clauses, approved codes of conduct).
Duration of the contract
The duration of the contract will depend on the duration of the main contract.
The client may terminate the agreement without adhering to the requirements for a notice period if the contractor commits a serious infringement of data protection regulations or of the provisions of this agreement, if the contractor cannot or will not carry out the instructions of the client or if the contractor denies the client’s monitoring rights in a manner contrary to the agreement. Failure to meet the obligations derived from Article 28 of the GDPR and agreed to in this agreement constitutes a serious infringement.
2. Type and purpose of processing, category of personal data and categories of data subjects:
Type of processing (corresponding to the definition provided in Article 4(2) of the GDPR):
The type of processing depends on the services booked in the main contract. Depending on the business unit, these include the following types of processing:
- hosting of one or more root servers (Heinlein Hosting)
- hosting of a JPBerlin account (shared web service, post office boxes, mailing lists)
- hosting of a mailbox.org account (post office boxes, address book, calendar, tasks, files/drive, chat)
- server management (Heinlein Hosting)
- backup (Heinlein Hosting)
Categories of personal data (corresponding to the definition provided in Article 4(1), (13), (14) and (15) of the GDPR):
The categories of data to be processed depend on the services booked in the main contract. Depending on the service, one or more of the following categories shall be processed:
- contract master data
- personal master data
- log files
- communication data
- billing data
Categories of data subjects (corresponding to the definition provided in Article 4(1) of the GDPR):
- customers and interested parties of the client
- employees of the client
- business partners and suppliers of the client
3. Rights and obligations as well as authorities to issue directives of the client
The client is solely responsible for assessing the lawfulness of the processing in accordance with Article 6(1) of the GDPR as well as for the safeguarding of the rights of the data subjects in accordance with Articles 12 to 22 of the GDPR. Nevertheless, the contractor is obligated to immediately forward all such enquiries to the client where they are identifiably exclusively addressed to the client.
Changes to the subject of the processing and procedural changes are to be mutually co-ordinated between the client and the contractor and are to be set down in writing or in a documented electronic format.
The client shall issue all orders, partial orders and instructions in writing or in a documented electronic format as a rule. Verbal instructions are to be immediately confirmed in writing or in a documented electronic format.
The client has the right to regularly and in an appropriate way ensure compliance with the technical and organisational measures implemented by the contractor as well as the obligations stipulated in this agreement before the commencement of the processing as stipulated in section 5 of this agreement.
The client shall immediately notify the contractor if errors or irregularities are identified during the review of the results of the contract.
The client is obligated to treat as confidential all knowledge of the business secrets and data security measures of the contractor obtained within the context of the contractual relationship. This obligation shall remain in force even after the end of this agreement.
4. Persons authorised to give instructions on the part of the client, instruction recipients on the part of the contractor
The persons authorised to give instructions on the part of the client:
- correspond to the persons specified in the master data of the customer account.
The instruction recipients on the part of the contractor are:
- all administrators of Heinlein Support GmbH
Communication channels to be used for giving instructions:
- The support e-mail addresses or help desk ticket system of the respective business unit (see main contract)
- In urgent exceptions, the support hotline of the respective business unit (see main contract)
In the event of a change of contact persons or long-term inability of the contact persons to perform this function, the contractual partner is to be notified of the successors or substitutes immediately and in principle in writing or electronically. The issued instructions are to be preserved for the duration of their validity and then another three full calendar years thereafter.
5. Obligations of the contractor
The contractor shall process personal data exclusively within the context of the concluded agreements and in accordance with the instructions of the client, unless required to do so by European Union law or member state law to which the processor is subject (e.g. investigations by law enforcement officials or national security officials); in such a case, the processor shall inform the controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest (Article 28(3) sentence 2(a) of the GDPR).
The personal data provided to the contractor for processing shall not be used by the contractor for any other purposes, particularly not for the contractor’s own purposes. No copies or duplicates of the personal data shall be created without the knowledge of the client.
The contractor pledges the contractual execution of all agreed measures in the area of the processing of personal data in accordance with the contract. The contractor pledges that the data processed for the client are strictly separated from other databases.
The data storage media which originate from or are used for the client shall be specially marked. Incoming and outgoing data as well as the ongoing use of data shall be documented.
When the client is fulfilling the rights of data subjects in accordance with Articles 12 to 22 of the GDPR, the contractor is to assist in the creation of records of processing activities as well as to assist in necessary data protection impact assessments of the client within the necessary scope and to support the client appropriately where possible (Article 28(2) sentence 2(e) and (f) of the GDPR).
The contractor shall immediately notify the client if the contractor believes that an instruction given by the client infringes statutory provisions (Article 28(3) sentence 3 of the GDPR). The contractor has the right to refrain from carrying out the corresponding instruction until it has been confirmed or changed by the client’s controller upon review.
The contractor is to correct, delete or restrict the processing of personal data from the contractual relationship if the client requests this by means of an instruction and it is not barred by any legitimate interests of the contractor.
The contractor is only permitted to disclose information about personal data from the contractual relationship to third parties or to the data subject with the prior instruction or consent of the client.
The contractor hereby agrees that the client has the right (in principle after agreeing on a deadline) to personally check or have a commissioned third party monitor the compliance with regulations on data protection and data privacy within an appropriate and necessary scope as well as to carry this out through tests and inspections on site (Article 28(3) sentence 2(g) of the GDPR).
The contractor pledges to assist and support these monitoring activities where necessary. Until further notice, the parties agree to the following in this regard:
The processing of data by order of the controller shall take place in the business premises of the processor in principle. In order to ensure the server function and aid in emergencies, the persons specified in section 4 shall primarily work mobile and in their home office and process data there during on-call duty. Exclusively company computers which have been accordingly secured shall be used for data processing. The transport of the data shall be carried out exclusively through encrypted connections (VPN tunnels).
However, the processor shall undertake to limit the accesses to the extent necessary within the framework of these exceptions and to implement appropriate security measures for technical accesses. The measures in accordance with Article 32 of the GDPR are to be ensured in this case as well.
The contractor confirms that the contractor is aware of the data protection regulations of the GDPR which apply to the contractor for the data processing.
The contractor shall undertake to maintain confidentiality during the processing of the personal data of the client in accordance with the contract. This obligation shall continue to be in effect even after the end of the contract.
If the client belongs to an occupational category which is bound to special professional discretion in accordance with Section 203 of the German Criminal Code (StGB), the contractor shall undertake to observe the rules on the protection of confidentiality relevant for the order (e.g. bank secrecy, secrecy of telecommunications, secrecy of personal data, professional secrecy in accordance with Section 203 of the German Criminal Code). The service provider is obligated to maintain secrecy about all facts which become known to the client and to which the client has given the service provider access. This does not apply to facts which are public knowledge or which are not important enough to require confidentiality. The service provider is furthermore obligated to only obtain knowledge of external secrets to the extent that it is required for the fulfilment of the agreement. The service provider is obligated to bind employees to secrecy in writing if they are being used for the fulfilment of the agreement. The service provider is authorised to use additional persons for the fulfilment of the agreement. In this case the service provider is obligated to bind these people to secrecy in writing as well. Reference has been made to the criminal penalties for the breach of these obligations, in particular to Sections 203 and 204 of the German Criminal Code. The service provider is aware that this penal provision also applies to the service provider and its employees. The provisions on the protection of personal data remain unaffected by this.
Prior to commencement of the activities, the Contractor pledges to familiarise the employees entrusted with the performance of the work with the data protection provisions relevant to them and also pledges to bind them to secrecy in an appropriate manner for the duration of their activity as well as after the end of the employment relationship (Article 28(3) sentence 2(b) and Article 29 of the GDPR). The contractor shall monitor compliance with the data protection regulations within its company.
Data Protection Officer
The contractor has appointed a company Data Protection Officer who can be reached by phone at +49 30 40 50 51-41 or by e-mail at email@example.com.
The client shall be immediately informed of a change of the Data Protection Officer.
6. Contractor’s obligation to notify in the event of disruptions to the processing and personal data breaches
The contractor shall immediately notify the client of any disruptions or breaches on the part of the contractor or persons it employs or breaches of data protection provisions or breaches of the stipulations made in the order. The contractor shall also immediately notify the client of any suspicion of data breaches or irregularities in the processing of personal data. The contractor pledges to appropriately support the client with the client’s obligations in accordance with Articles 33 and 34 of the GDPR as necessary (Article 28(3) sentence 2(f) of the GDPR). The contractor is only permitted to carry out notifications for the client in accordance with Articles 33 and 34 of the GDPR after receiving prior instruction in accordance with section 4 of this agreement.
7. Subcontracting relationships with subcontractors (Article 28(3) sentence 2(d) of the GDPR)
The contractor is generally permitted to contract subcontractors for the processing of the client’s data in accordance with Article 28(2) of the GDPR. The contractor must ensure that it carefully selects the subcontractor taking special consideration of the suitability of the technical and organisational measures which the subcontractor has implemented within the meaning of Article 32 of the GDPR.
The contracting of subcontractors in third countries is only permitted if the special conditions of Articles 44 ff of the GDPR have been met (e.g.adequacy decision of the Commission, standard data protection clauses, approved codes of conduct).
The contractor is to ensure by contract that the agreed regulations between the client and the contractor also apply to subcontractors. In the contract with the subcontractor, the details must be specified in such a way that the responsibilities of the contractor and the subcontractor are clearly delineated from each other. If multiple subcontractors are employed then this also applies to the responsibilities between these subcontractors. In particular, the client must be entitled, if necessary, to carry out appropriate tests and inspections (including on site) of subcontractors or have them carried out by third parties contracted by the client.
The contract with the subcontractor must be in writing. This can also be done in an electronic format (Article 28(4) and (9) of the GDPR).
The transfer of data to the subcontractor is only permitted if the subcontractor has fulfilled its obligations in accordance with Article 29 and Article 32(4) of the GDPR with regard to its employees.
The contractor shall be liable to the client for ensuring that the subcontractor complies with the data protection obligations contractually imposed by the contractor in accordance with this section of the contract.
The subcontractors specified in Appendix 02 with name, address and order content are currently involved with the processing of personal data for the client in the scope specified therein. The client hereby agrees to their commissioning
The processor shall inform the controller of any intended change relating to the addition or replacement of existing subcontractors, giving the client the opportunity to object to such changes (Article 28(2) sentence 2 of the GDPR).
8. Technical and organisational measures in accordance with Article 32 of the GDPR (Article 23(3) sentence 2(c) of the GDPR)
A level of security appropriate to the risk for the rights and freedoms of the natural persons subject to the data processing shall be ensured for the concrete data processing. The protection objectives of Article 32(1) of the GDPR such as confidentiality, integrity and availability of the systems as well as their reliability with regard to nature, scope, context and purpose of processing shall be taken into consideration so that the risk is permanently mitigated through appropriate technical and organisational measures.
The data security concept described in Appendix 1 presents in detail the selection of technical and organisational measures appropriate for the determined risk, taking into consideration the protection objectives in accordance with the state of the art and taking into special consideration the IT systems and processing processes of the contractor.
The measures of the contractor can be adapted to further technical and organisational development over the course of the contractual relationship but are not permitted to exceed the agreed standards.
The contractor is to test, assess and evaluate the effectiveness of the technical and organisational measures for ensuring the security of the processing when the occasion arises, but at least once per year (Article 32(1)(d) of the GDPR).
The contractor must co-ordinate major changes with the client in documented form (in writing or electronically). Such co-ordinations are to be preserved for the duration of this agreement.
9. Obligations of the contractor after the end of the order, Article 28(3) sentence 2(g) of the GDPR
After conclusion of the contractual works, the contractor is to surrender to the client all data, documents and created results of processing or use obtained in connection with the contractual relationship or to erase it, destroy it or have it destroyed in accordance with data protection requirements.
The remuneration is regulated in the main contract.
Liability and damage compensation are regulated in Article 82 of the GDPR.
Agreements on the technical and organisational measures as well as inspection/test documents (including for subcontractors) are to be preserved for the duration of their validity and then another three full calendar years thereafter.
Side agreements must be made in writing or a documented electronic format in principle.
The contractor is to immediately inform the commissioning party if the property or the personal data of the client to be processed in the possession of the processor is put at risk due to third-party actions (such as seizure or confiscation), due to insolvency proceedings or settlement proceedings or due to other events.
The plea of the right of retention within the meaning of Section 273 of the German Civil Code (BGB) is excluded with regard to the data processed for the client and the associated data storage media.
Should individual parts of this agreement be invalid, this shall not effect the validity of the rest of the agreement.
List of appendices
- Appendix 01: Technical and organisational measures of the processor to ensure the security of the data processing in accordance with Article 32 of the GDPR
- Appendix 02: Subcontracting relationships in accordance with section 7 of the data processing agreement
(Available upon request)
Contractor: Heinlein Support GmbH, represented by Managing Director Peer Heinlein
Client: Insolvo SARL, represented by Laurent Fisch
21. File storage and sync
INSOLVO uses Seafile Pro, an open source enterprise file sync and share platform with high reliability and performance. Seafile provides a similar feature set to Dropbox, Google Drive and the like, while allowing INSOLVO to host Seafile Pro on their own hardware. Seafile Pro is also as cloud solution for all 12+ universities of Rhineland-Palatinate serving 5,000+ active users.
22. Cloud storage
INSOLVO rents a private online root server hosting Seafile Pro. The main server is provided by STRATO AG, Pascalstraße 10, D-10587 Berlin, Germany (STRATO) and hosts INSOLVO’s data in serveral ISO 27001 certified STRATO-owned data centers located in Germany. STRATO’s security concept includes access control to its premises, access surveillance, data mirroring between its data centres, uninterruptible power supply (UPS) backed up by batteries, diesel generators with up to four weeks of continuous service, laser fire detectors and an advanced gas sprinkler system.
The back-up online server of Seafile Pro Data and files is provided by NetCup GmbH, Daimlerstraße 25, D-76185 Karlsruhe, Germany, at its data center in Nuremberg, Germany, secured as follows https://www.netcup.eu/ueber-netcup/rechenzentrum.php.