Confidentiality and data protection
1. vc trade GmbH as operator (the “Operator”) and each user of the platform vc trade (each a “User” and together with the Operator the “Parties” and each a “Party”) are aware of the fact that, in connection with the use of the platform vc trade (“vc trade”), confidential information has been or will be exchanged. Accordingly, the Operator and the User will exclusively use all oral or written information, data and documents, in particular the vc trade user manual (“Confidential Information”), received from the other Party or any other User or their respective agents, employees or advisers in connection with the the use of vc trade only for purposes of their respective use of vc trade and otherwise keep them secret. This shall not apply to (i) generally known or publicly available information, (ii) any such information as has been rightfully received by the other Party from third parties not subject to any duty of confidentiality and (iii) to the extent that the Parties are required to disclose such information under applicable laws and regulations as well as court or regulatory decisions. In addition, Operator and User may disclose Confidential Information to their respective auditors and advisers to the extent these latter are subject to a professional or similar contractual duty of confidentiality.
2. The Operator and the User agree to only forward relevant Confidential Information to third parties and vicarious agents pursuant to clause 1.1 above to the extent this is necessary for the initiation or completion of any transaction via vc trade and will impose the obligations under this clause 1 on such third parties and its vicarious agents.
vc trade GmbH, Mainzer Landstraße 49, 60329 Frankfurt, Germany (hereinafter “we” or “us”) operates the corporate finance platform “vc trade” and the associated website www.vc-trade.de
1. Responsible person and contact person
Responsible person in the sense of the general data protection regulation (in the following “GDPR”):
vc trade GmbH
Postfach 90 03 49
60443 Frankfurt am Main
Email : email@example.com
Data Protection Officer :
Ms Anne Kleinsorge
vc trade GmbH
Postfach 90 03 49
60443 Frankfurt am Main
Email : firstname.lastname@example.org
2. General information on data protection
The protection of personal data is important to us. In the following we will inform you which data we collect in connection with the operation of our website www.vc-trade (hereinafter referred to as the „website“) and the use of our platform vc trade (hereinafter referred to as „vc trade“), how we treat it and to whom we may make it available.
By using our website and/or the vc trade platform, you consent to the collection, processing and use of data in accordance with the following description. We therefore ask you to read this data protection concept carefully.
3. Types of stored data
We distinguish between data which you voluntarily transmit to us as a visitor to our website or within the framework of the use of vc trade and data which is automatically stored.
3.1 Data that is automatically stored
Our website can generally be visited without registration.
The following data
- IP address
- the name and country of the Internet service provider.
- the type of terminal (web browser or mobile device)
- the Internet browser used
- the URL
- the access status (successful access or fault message)
- the functionalities used on our website and the search terms entered
- the frequency of visits to our website
- the name of files retrieved or downloaded
- the amount of data transferred
- the site from which the visitor has come to our site, and
- Date, time and duration of the visit to the website
will be stored on the server without this data being directly related to your person or linked to your personal data. It is therefore not possible to deduce the identity of the respective visitor to our website.
3.2 Purpose of data processing
We use this data to determine the attractiveness of our website and use it for the further development of our website and for statistical evaluations of the use of the website. The survey also takes place, as far as legally permissible and necessary, in order to detect abuses and eliminate malfunctions.
We only collect personal data when you provide us with it, for example when registering with vc trade or making an enquiry. This data is only stored if we are entitled to do so by law.
Personal data is individual data about personal and factual circumstances of a specific or identifiable natural person, e.g. name, address, telephone number or email address.
There is no obligation to provide personal data. However, we would like to point out that you may not be able to use certain functions of our website or of vc trade, or only to a limited extent, if you do not provide us with certain personal data.
3.3 Data that users or visitors voluntarily transmit to us
The entry of personal or business data (e.g. surname and first name, email addresses, telephone number) within our website and/or in the context of the use of our vc trade platform is expressly voluntary on the part of visitors. You can contact us via the website or in any other way. If you use our contact form for this purpose, we ask you to enter your email address and your name so that we can contact you. By using the contact form, you consent to the collection and processing of this data by us and the establishment of contact with you by email.
On our website, we offer employees of users activated for the use of vc trade and other persons nominated by a user the opportunity to register by providing job-related or business personal data. The data is entered to an input mask and transmitted to us and stored. The following data is collected as part of the registration process:
- First name
- Email Address
- Internal functional description and company affiliation
- Telephone number
of the person registering.
As a registered person you have the possibility to cancel the registration at any time. You can change or have changed the data stored about you at any time.
3.4 Purpose of data processing
We collect, process and use the personal data provided by you in the contact form or in any other way in accordance with the applicable statutory provisions only for the purpose of providing our services or, if this is necessary or advisable for the establishment, performance, amendment or termination of legal or quasi legal obligations, for settlement or accounting purposes and for processing your enquiries.
Personal data will, as far as legally permissible and necessary, also be used to detect abuses and to eliminate malfunctions.
Without your consent we do not pass this data on to third parties.
4. Evaluation of usage data and use of corresponding analysis functionalities
4.1 Use of local storage technology, cookies and cookie-like tools
Our platform vc trade uses local storage technologies (e.g. HTML5 storage). These are local data stores that make it possible to store specific, user-related information on the user’s terminal device while the user is using the website (sessions). Such local storage technologies make it possible to log on to the vc trade platform (session cookie) and serve as proof of the activities of vc trade users. No cookies or cookie-like tools are used on our website.
4.2 Automated decision making
Automated decision making (Art. 22 GDPR) does not take place on our website or in vc trade.
5. Offers of third parties on our website
Our website may contain links to offers from third parties. If you click on such an offer, we will pass on certain data to the necessary extent to the third-party service provider, e.g. that you have found and clicked on the relevant offer on our website and, if applicable, further information which you have already provided when clicking on our website.
6. Right of objection
You may at any time object to the processing of your personal data, which we collect based on Art. 6 para. 1 lit. f) GDPR (Data Processing based on a Weighing of Interests), for reasons arising from your particular situation.
In particular, you may object at any time and free of charge to our use of your email address used to contact us. In such a case, communication by email cannot be continued after receipt of a corresponding objection.
In the event of an objection, we will no longer process your data unless we can prove compelling reasons worthy of protection which outweigh your rights, freedoms and interests or insofar as the data processing serves the assertion, exercise or defense of legal claims.
You are aware and you expressly agree that in the event of an objection, you cannot use the vc trade platform, even if you have concluded a corresponding user contract with us.
Should you contact us in any other way than by using our contact form, the above data protection regulations apply accordingly.
An objection can be made in any form and should be made by stating your first name, surname and email address to
vc trade GmbH
Postfach 90 03 49
60443 Frankfurt am Main
Email : email@example.com
7. Use and disclosure of non-personal and personal data and purpose limitation
We will treat your data confidentially and will not pass them on to third parties unless we have expressly received your consent to do so. An exception is the transfer of data to state institutions or the holders of copyright or ancillary copyright in accordance with the applicable legal provisions.
Insofar as external service providers are commissioned to process personal data, we carefully select them in compliance with data protection requirements and obligate them to comply with data protection regulations within the framework of the GDPR corresponding agreements on order data processing.
If necessary, personal data may be transferred to companies in countries outside the European Economic Area, for example if one of our service providers is based in a country outside the European Economic Area. In these countries there may be no data protection comparable to that of the European Economic Area. If we transfer your personal data to a recipient outside the European Economic Area, we will ensure that your personal data is protected there at a level comparable to the data protection standard in the European Economic Area.
8. Legal basis for data processing
We process personal data for the purpose of safeguarding our legitimate interests pursuant to Art. 6 Para. 1 lit. f) GDPR. Ensuring the proper functioning of vc trade, the prevention of fraud and the legally required documentation of the persons acting on vc trade are such legitimate interests that require the processing of personal data of persons using vc trade to the extent necessary for this purpose. This applies in particular to the registration and identification of persons using vc trade and to the documentation of actions and activities of persons registered on vc trade.
Access data to our website such as log files, IP addresses and details of your Internet service provider are also temporarily stored based on Art. 6 Para. 1 lit. f) GDPR. The processing takes place in order to detect abuses in the use of our website and to eliminate malfunctions.
If you contact us by email, we process your personal data transmitted to us in this way on the basis of Art. 6 para. 1 lit. f) GDPR. Our legitimate interest in processing your personal data to the extent necessary lies in the processing of your contact.
Insofar as we collect and process personal data in order to fulfil our obligations under §§ 4, 8, 11 of the Anti-Money Laundering Act (AMLA), we collect this data on the basis of Art. 6 Para. 1 lit. c) GDPR
9. Data security
We make intensive efforts and take technical and organizational security measures on the basis of the standard and the processes, as they are usual due to our technical equipment, in order to protect personal data against unauthorized or unintentional deletion, destruction, manipulation, loss, unauthorized passing on or unauthorized access. We follow a strict access authorization model. We continuously review and improve our security measures based on technical developments.
10. Right to information and other rights of visitors to our website
You are entitled to free information about the personal data we collect about you, its origin, categories and, if applicable, recipients, the purpose and duration of the data processing, your rights with regard to the personal data collected by us and the existence of an automated decision-making process pursuant to Art. 15 GDPR. In addition, in accordance with the statutory provisions, you have a right to correction pursuant to Art. 16 GDPR, deletion pursuant to Art. 17 GDPR, restriction of dissemination pursuant to Art. 18 GDPR, transferability pursuant to Art. 20 GDPR and objection to the processing of personal data pursuant to Art. 21 GDPR.
If we process personal data based on a consent given by you, you can revoke this consent at any time with effect for the future. The lawfulness of the processing of your personal data until your revocation remains unaffected. Likewise, further processing of your personal data remains permissible based on other applicable legal bases.
Without prejudice to any other administrative or judicial remedy, you have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of presumed infringement, if you consider that the processing of your personal data is in breach of the GDPR.
The supervisory authority to which you submit your complaint will inform you of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.
11. Deletion of personal data
We delete personal data of visitors to our website as soon as the purpose for which we have collected this personal data ceases to apply. The same applies to personal data of persons who have registered to use vc trade.
A further storage of the personal data beyond this time is possible if this is necessary due to laws, regulations or other legal provisions of the European Union or a member state of the European Union which apply to us.
This may in particular be necessary for the fulfilment of commercial and tax retention obligations, which may arise, for example, from the German Commercial Code (HGB), the German Tax Code (AO), the German Banking Act (KWG), the German Anti-Money Laundering Act (GwG) and the German Securities Trading Act (WpHG). The corresponding storage and documentation periods are regularly two to ten years.
Further processing of personal data is also possible to secure evidence within the scope of the statutory limitation provisions. According to §§ 195 et seq. of the German Civil Code (BGB), these limitation periods can be up to 30 years; the regular limitation period is 3 years.
We delete IP addresses after seven days at the latest.
12. Contact possibilities
If you have any questions or comments on the subject of data protection, please feel free to contact us by email at firstname.lastname@example.org.
The responsible body within the meaning of the Federal Data Protection Act is vc trade GmbH, Mainzer Landstraße 49, 60329 Frankfurt, Germany.
We reserve the right to update this data protection concept and will make the current version available on our website.