Política de privacidad
Política de privacidad
- for users in the USA and Canada
- for users in Europe where the General Data Protection Regulation (GDPR) is applicable
The first section of this policy applies to non-European users. The second section applies to users in countires where the General Data Protection Regulation (GDPR) is applicable.
SECTION APPLICABLE TO USERS IN NON-GDPR COUNTRIES:
- What Kind of Information is Collected/Stored?
- Do You Collect Information from Children?
- How Do You Use My Information?
- Customer Service and Feedback
- Anonymous Information
- Third Party Agents
- Transactional Partners
- Emergency Situations
- Which Steps Do You Take to Keep My Information Safe?
- What Happens If I Link To or From Another Website?
- Public Areas
- Governing Laws
- Changes to This Policy
- Email Opt-Out and Personal Information Correction Procedures
Personal information and the privacy thereof is extremely important to Visio-Rx.com. We promise that we will not sell, rent, or trade your personal information.
What Kind of Information is Collected/Stored?
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- Personal Information
We collect and store information that you provide willingly to us, whether on the Website or to our customer service department. For example, when you open an account or place an order, we collect and store some or all of the following information that you provide: name, billing address, shipping address, email address, telephone number, credit card number and credit card expiration date. This information is used to provide the products and services that you have requested from us, to process and ship orders, to send order and shipping confirmations, and to provide customer service. Registration may be required and personal information may also be collected in certain portions of the Website in which you specifically and knowingly provide such information, e.g. reviews, suggestions, Facebook Voting, our Virtual Mirror, or customer service requests. Some of this information also may be used to contact you about sales, new products, special offers, and new site features, unless you have opted to not receive promotional communications in connection with Visio-Rx.
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- Anonymous Information
Through "traffic data" collection, we may also gather certain information that does not identify you individually (anonymous information). We collect and store certain other information automatically whenever you interact with this Website. We collect your IP address, browser information, and reference site domain name every time you visit this Website, for example. We also collect information regarding customer traffic patterns and site usage. This information is used to analyze and improve this Website for your benefit.
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We will never use or install spyware on your computer in an attempt to gain personal information.
Information from other sources may be collected by us in order to update and correct the information contained in our database, and to provide product recommendations and special offers that we believe will interest you.
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We collect email addresses of all users who subscribe to our newsletter. Except to our third party agents (as described below), this information is not shared with any third parties for any purposes. Anyone who no longer wishes to receive this newsletter can, at any time, follow the "Unsubscribe" instructions located at the bottom each newsletter.
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Do You Collect Information from Children?
We do not sell or ship any items ordered through this Website directly to anyone who we know to be under the age of 18, nor do we collect any personal information from anyone who we know to be under the age of 18. If you are under the age of 18, you should use this Website only with the involvement of a parent or guardian, and should not submit any personal information to us. Our Website is not intentionally targeted to children under the age of 18. Children under the age of 18 should not use our Website without obtaining prior parental consent.
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How Do You Use My Information?
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Customer Service and Feedback
We will use your personal information to fulfill orders you have placed, provide customer service, track your compliance with the Website's rules and regulations, or for editorial and feedback purposes (to the extent that is explained when you provide the information). In the event we plan to publicly post any of your information on a Website (for example, a letter), you are provided prior notification of such intentions and given the option of declining such posting.
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We use anonymous information to help us determine how people use parts of the Website and who our readers are. This helps us to improve our Website and ensure that it is as appealing as possible. We may use anonymous information to provide statistical ratings information in aggregated form to our partners and other third parties about how our users collectively use our website. We may share anonymous information in any other manner that we deem appropriate or necessary.
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Third Party Agents
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Your non-personal information may be shared with our partners from time to time. For example, the number of users that visited Visio-Rx.com during a specific time period or that purchased a specific product via this Website may be shared with our partners. Generally, this information is shared in aggregated and statistical form.
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We may use or disclose personal information if required to do so by law, or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process with which we are served, (b) protect and defend the our rights, property, Website or users, or (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, the users of the Website, or the public.
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Which Steps Do You Take to Keep My Information Safe?
The security for all personal information associated with you is of the utmost importance to us. We exercise great care in providing secure transmission of your information from your PC to our servers. Personally identifiable information collected by our Website is stored in secure operating environments that are not available to the public. In many instances, such as in the case of credit card numbers and all on-line purchases, your personal information is encrypted with Sockets Layer (SSL) software before you conduct your transaction. Only those employees who need access to your information in order to do their jobs are allowed access, each having signed confidentiality agreements. Any employee who violates our privacy and/or security policies is subject to disciplinary action, including termination and civil and/or criminal prosecution.
To protect the security of your information during transmission, we use Secure Sockets Layer (SSL) encryption, which encrypts information you input. Most browsers will give a visual indication of when your connection is secure. For example, usually webpage addresses begin with http://, but if you are on a secure connection, the address will start with https://. In order to help protect your personal information further, you should be careful about providing your account details (in the event that you choose to create one) to others. If you wish to cancel your account, or if you become aware of any loss, theft or unauthorized use of your account, please contact our customer service at email@example.com.
While we try our best to safeguard your personally identifiable information once we receive it, no transmission of data over the internet can be guaranteed to be 100% secure.
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What Happens If I Link To or From Another Website?
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Purchase of any products on Visio-Rx.com is a transaction between you and Visio Services International Ltd. Any sales transaction (which shall include subsequent delivery and use of the goods) by Visio-Rx.com is governed by the laws of the Republic of Cyprus. Both parties involved agree to binding arbitration for any claims or disagreements between the parties.
In case you desire to file a complaint or claim for damages of any nature against Visio Services International., then this can be done at the American Arbitration Institute (AAI). Arbitration shall be conducted following the applicable AAI rules and the laws of the Republic of Cyprus.
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Changes to This Policy
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Email Opt-Out and Personal Information Correction Procedures
You may always opt-out of receiving future emails from us. We provide you with the opportunity to opt-out of receiving these at the point where we request information about you. There are several ways in which you can tell us whether or not you want to receive promotional communications from Visio-Rx.com. When you set up an account, or click on "Account Summary" within the My Account area, or place an order, you will have an opportunity to make your selections in this regard. You also will have an opportunity to change these selections by following the "unsubscribe" instructions contained in the emails we send out. We also permit you to correct or update the personal information that you have provided to us. To do so, you can access, correct and update certain personal information that you have provided to us by clicking on "Account Summary" and “Login Information” within the My Account area of this Website.
SECTION APPLICABLE TO USERS FROM COUNTRIES WHERE THE GDPR IS APPLICABLE
We are pleased that you have shown interest in our enterprise. Data protection is a high priority for the management of Visio Services International Ltd. The use of the Internet pages of Visio Services International Ltd 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, telephone number, prescription values or fitting pictures 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 Visio Services International Ltd. 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, Visio Services International Ltd 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, fax or letter.
The data protection declaration of Visio Services International Ltd 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:
Visio Services International Ltd
Patsias Court 26
Phone: +1 269 760 (0)202 26159872
Our Data Protection Officer may be contacted as follows:
Visio Services International Ltd
Attn: Data Protection Officer
We collect, store and process personal data exclusively in accordance with the valid legal stipulations and to the extent this should be necessary and required for the fulfillment of the contractual obligations with you. This entails the following:
• First Name, Last Name
• Invoice and Shipping Address
• Invoice and Payment Data
• Date of Birth
• Telephone Number
• Fitting pictures
• Pictures you upload/save on this website
Should you purchase corrective glasses from us, then we also gather and store your correction values. The legal basis for this is Art. 6 Para. 1 lit. b) General Data Protection Regulation (GDPR) when the collection of this information is required for the fulfillment of your order or to implement pre-contractual actions. The legal basis for collecting the date of birth is Art. 6 Para 1 lit. f) GDPR. Our legitimate interest lies in the dispatching of e-mails on customer birthdays, customer segmentation aimed at direct advertising or guaranteeing your creditworthiness in the context of the credit assessment. Should you have provided your telephone number then we could use this in order to contact and support you in the ordering and contract processing procedures. The legal basis for this is Art. 6 Para. 1 lit. b) GDPR. We shall store your data as long as you maintain an active business relationship with Visio Services. After the termination of this business relationship we shall archive the information pertaining to the contractual relationship according to commercial and tax laws for the statutorily determined periods. Personal data that is not subject to these archiving obligations will be deleted immediately on termination of the business relationship.
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 Visio Services International Ltd 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, Visio Services International Ltd 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, Visio Services International Ltd 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. Contact possibility via the website
The website of Visio Services International Ltd 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.
7. Comments function in the blog on the website
Visio Services International Ltd offers users the possibility to leave individual comments on individual blog contributions on a blog, which is on the website of the controller. A blog is a web-based, publicly-accessible portal, through which one or more people called bloggers or web-bloggers may post articles or write down thoughts in so-called blogposts. Blogposts may usually be commented by third parties.
If a data subject leaves a comment on the blog published on this website, the comments made by the data subject are also stored and published, as well as information on the date of the commentary and on the user's (pseudonym) chosen by the data subject. In addition, the IP address assigned by the Internet service provider (ISP) to the data subject is also logged. This storage of the IP address takes place for security reasons, and in case the data subject violates the rights of third parties, or posts illegal content through a given comment. The storage of these personal data is, therefore, in the own interest of the data controller, so that he can exculpate in the event of an infringement. 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.
8. 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.
9. 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 Visio Services International Ltd, he or she may, at any time, contact any employee of the controller. An employee of Visio Services International Ltd 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 Visio Services International Ltd 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 Visio Services International Ltd, he or she may at any time contact any employee of the controller. The employee of Visio Services International Ltd 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 Visio Services International Ltd.
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.
Visio Services International Ltd 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 Visio Services International Ltd 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 Visio Services International Ltd to the processing for direct marketing purposes, Visio Services International Ltd 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 Visio Services International Ltd 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 Visio Services International Ltd. 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, Visio Services International Ltd 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 Visio Services International Ltd.
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 Visio Services International Ltd.
10. Data protection for applications and the application procedures
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. 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. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
11. 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).
12. 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.
13. 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.
14. 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.
15. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.