Privacy Policy

We are very pleased about your interest in our web presence. Data protection is of a particularly high importance for us. The use of www.3digitalminds.com is generally possible without any indication of personal data. However, if a data subject wants to use special services of our company 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 3digitalminds.com. By means of this data protection declaration, our company 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.

1. Definitions

The data protection declaration of www.3digitalminds.com 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.

  • c) 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.

  • e) Profiling

    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.

  • f) Pseudonymisation

    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.

  • h) Processor

    Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

  • i) Recipient

    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.

  • k) Consent

    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:

Stefan Schneider
Caller Marinada 7
03570 Villajoyosa/Alicante
Spain
Email: info@3digitalminds.com
Website: www.3digitalminds.com

3. Cookies

The website of 3digitalminds.com uses cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited websites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, 3digitalminds.com can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user's computer system.

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 3digitalminds.com 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, 3digitalminds.com 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, 3digitalminds.com analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure

4. Collection of General Data and Information

The website 3digitalminds.com collects a series of general data and information with each call-up to the website by a data subject or an automated system. These general data and information are stored in the server log files. The following can be collected: (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-pages accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet Service Provider of the accessing system, and (8) other similar data and information used for security purposes in case of attacks on our information technology systems.

When using these general data and information, no conclusions are drawn about the data subject. Instead, this information is needed to (1) correctly deliver the contents of our website, (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 necessary information for criminal prosecution in case of a cyber-attack. Therefore, 3digitalminds.com 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. Routine Erasure and Blocking of Personal Data

The data controller processes and stores 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.

6. Rights of the Data Subject

  • a) Right to Confirmation

    Each data subject has 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 our Data Protection Officer or another employee of the controller.

  • b) Right to Information

    Each data subject has 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 legislator has granted the data subject access to the following information:

    • - the purposes of processing
    • - the categories of personal data processed
    • - the recipients or categories of recipients to whom the personal data have been or will be disclosed, especially in third countries or at international organizations
    • - where possible, the planned duration 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 rectification or erasure of personal data concerning them or to restriction of processing by the controller or a right to object to such processing
    • - the existence of the right to lodge a complaint with a supervisory authority
    • - if the personal data are not collected from the data subject: All available information about the origin of the data
    • - the existence of automated decision-making, including profiling, according to Article 22(1) and (4) of the GDPR and — at least in these cases — meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

    Furthermore, the data subject has the right to know whether personal data are transferred to a third country or to an international organization. If this is the case, then the data subject also has the right to be informed about the appropriate safeguards relating to the transfer.

    If a data subject wishes to exercise this right of access, he or she may at any time contact our Data Protection Officer or another employee of the controller responsible for the processing.

  • c) Right to Rectification

    Every data subject affected by the processing of personal data has the right granted by the European directives and regulations to demand the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data — including by means of providing a supplementary statement — considering the purposes of the processing.

    If a data subject wishes to exercise this right to rectification, they can contact our Data Protection Officer or another employee of the controller responsible for the processing at any time.

  • d) Right to Erasure (Right to be Forgotten)

    Every data subject affected by the processing of personal data has the right granted by the European directives and regulations to require the controller to delete personal data concerning them immediately, if one of the following reasons applies and insofar as the processing is not necessary:

    • - The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
    • - The data subject withdraws their consent on which the processing was based according to Art. 6(1)(a) or Art. 9(2)(a) GDPR, and there is no other legal ground for the processing.
    • - The data subject objects to the processing pursuant to Art. 21(1) GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
    • - The personal data have been unlawfully processed.
    • - The deletion of personal data is necessary to fulfill a legal obligation under Union or Member State law to which the controller is subject.
    • - The personal data were collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.

    If one of the above reasons applies, and a data subject wishes to request the deletion of personal data stored at 3digitalminds.com, they can contact our Data Protection Officer or another employee of the controller responsible for the processing at any time. The Data Protection Officer or another employee will ensure that the deletion request is complied with immediately.

    If the personal data have been made public and our company is obliged to delete the personal data as the controller pursuant to Art. 17(1) GDPR, taking into account available technology and the cost of implementation, we will take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the deletion of all links to these personal data or of copies or replications of these personal data, insofar as processing is not necessary. The Data Protection Officer of 3digitalminds.com or another employee will arrange the necessary measures in individual cases.

  • e) Right to Restriction of Processing

    Every data subject affected by the processing of personal data has the right granted by the European directives and regulations to require the controller to restrict processing if one of the following conditions is met:

    • - 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, the data subject opposes the deletion of the personal data and requests instead the restriction of their use.
    • - 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 defense of legal claims.
    • - The data subject has objected to processing pursuant to Art. 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

    If one of the above conditions is met, and a data subject wishes to request the restriction of personal data stored at 3digitalminds.com, they can contact our Data Protection Officer or another employee of the controller responsible for the processing at any time. The Data Protection Officer of 3digitalminds.com or another employee will arrange for the restriction of processing.

  • f) Right to Data Portability

    Every data subject affected by the processing of personal data has the right granted by the European legislator to receive their personal data, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also 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 Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) 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 their right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

    To assert the right to data portability, the data subject may at any time contact the Data Protection Officer designated by 3digitalminds.com or another employee.

  • g) Right to Object

    Every data subject affected by the processing of personal data has the right granted by the European legislator to object, on grounds relating to their particular situation, at any time, to processing of personal data concerning them, which is based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

    3digitalminds.com shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.

    If 3digitalminds.com 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 them for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to 3digitalminds.com to the processing for direct marketing purposes, 3digitalminds.com will no longer process the personal data for these purposes.

    In addition, the data subject has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them by 3digitalminds.com for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

    To exercise the right to object, the data subject may directly contact the Data Protection Officer of 3digitalminds.com or another employee. In connection with the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise their right to object by automated means using technical specifications.

  • h) Automated Individual Decision-Making, Including Profiling

    Every data subject affected by the processing of personal data has 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 them or similarly significantly affects them, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and a controller, or (2) is 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 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 controller, or (2) it is based on the data subject's explicit consent, the controller 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, they may at any time directly contact our Data Protection Officer or another employee of the controller.

  • i) Right to Withdraw Data Protection Consent

    Every data subject affected by the processing of personal data has the right granted by the European legislator to withdraw their consent to the processing of their personal data at any time.

    If the data subject wishes to exercise the right to withdraw the consent, they may at any time directly contact our Data Protection Officer or another employee of the controller.

7. Data Protection Provisions about the Application and Use of Google Analytics (with Anonymization Function)

The controller responsible for processing has integrated the component of Google Analytics (with anonymization function) on this website. 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 analytics service collects, inter alia, data about the website from which a person has come to a website (so-called referrers), which sub-pages of the website were accessed 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 Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The controller uses the "_gat._anonymizeIp" addition for web analysis via Google Analytics. By means of this addition, the IP address of the Internet connection of the data subject is shortened and anonymized by Google when access to our websites is from a member state of the European Union or another state party 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.

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 responsible for processing 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 to 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.

In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which are related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics via JavaScript, that any data and information about the visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.de/intl/de/policies/privacy/ and under http://www.google.com/analytics/terms/de.html. Google Analytics is further explained under the following link https://www.google.com/intl/de_de/analytics/.

8. Legitimate Interests in Processing that are Pursued by the Controller or a Third Party

If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business operations for the well-being of all our employees and our shareholders.

9. Duration for Which the Personal Data Will Be Stored

The criterion for the duration of the 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.

10. 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 about 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 them. The non-provision of personal data would have the consequence that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact our Data Protection Officer. Our Data Protection Officer 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.

11. Existence of Automated Decision-Making

As a responsible company, we do not use automatic decision-making or profiling.