The following data protection policy discloses the nature, scope, and purpose of the processing of personal data (hereinafter referred to as "data") within our online offering and the associated websites, functions, and contents as well as external online presences, such as our Social Media Profile (hereinafter jointly referred to as "online offering"). With regard to the terms used, e.g. "processing" or "controller", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Bundesverband Alternative Investments e.V. (BAI)
Managing Director: Frank Dornseifer
Poppelsdorfer Allee 106
Link to the Imprint: bvai.de/imprint
Court of Registration: Register of Associations Bonn, AG Bonn
Registration Number: VR 7318
Types of Processed Data:
- Inventory data (e.g., names, addresses).
- Contact information (e.g., e-mail, phone numbers).
- Content data (e.g., text input, photographs, videos).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses).
Categories of Persons Affected
Visitors and users of the online offer (in the following we shall also refer to the persons concerned collectively as "users").
Purpose of Processing
- Providing of the online offer, its functions and contents.
- Answering of contact requests and communication with users.
- Security measures.
- Reach Measurement/Marketing
'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.
'Processing' means 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.
'Pseudonymisation' means 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.
'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.
'Controller' means 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' means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Relevant Legal Basis
In accordance with Art. 13 GDPR we inform you about the legal basis of our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 letter a and Art. 7 GDPR, the legal basis for processing for the purpose of fulfilling our services and implementing contractual measures and answering inquiries is Art. 6 Para. 1 letter b GDPR, the legal basis for processing for the purpose of fulfilling our legal obligations is Art. 6 Para. 1 letter c GDPR, and the legal basis for processing for the purpose of safeguarding our legitimate interests is Art. 6 Para. 1 letter f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 letter d GDPR serves as the legal basis.
Security of Processing
In accordance with Art. 32 GDPR and taking into account the state of technology, the implementation costs, and the nature, scope, circumstances, and purposes of the processing as well as the varying probability of occurrence and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk.
These measures shall include, in particular, safeguarding the confidentiality, integrity, and availability of data by controlling the physical access to the data, as well as the access, input, disclosure, safeguarding of availability, and separation of data relating to them. Furthermore, we have established procedures to ensure that the rights of data subjects are exercised, data is deleted, and we respond to any threats to the data. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and through data protection-friendly pre-settings (Art. 25 GDPR).
Collaboration with Contract Processors and Third Parties
If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transfer it to them or otherwise grant them access to the data, this shall only take place on the basis of a legal authorization (e.g. if a transfer of the data to third parties, such as payment service providers, is necessary for the performance of the contract in accordance with Art. 6 para. 1 letter b GDPR), if you have consented to this, if a legal obligation provides for it or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties to process data on the basis of a so-called "contract processing agreement", this is done on the basis of Art. 28 GDPR.
Transfers to Third Countries
In case we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs within the scope of using the services of third parties or disclosure or transfer of data to third parties, this shall only take place if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we will only process or transfer the data in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").
Right of access by the Data Subject
You have the right to request confirmation as to whether or not data in question is being processed, to receive information about this data, and to receive further information and a copy of the data in accordance with Art. 15 GDPR.
In accordance with Art. 16 GDPR you have the right to request the completion of the data concerning your person or the correction of incorrect data concerning your person.
In accordance with Art. 17 GDPR, you have the right to demand that data concerning your person be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to demand that the processing of the data be restricted.
You have the right to demand that the data concerning your person, which you have made available to us, be received in accordance with Art. 20 GDPR and to demand its transfer to other responsible parties.
You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 GDPR.
Withdrawal of Consent
You have the right to revoke consent granted in accordance with Art. 7 para. 3 GDPR with effect for the future.
Right to Object
You can object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. The objection may in particular be made against processing for the purposes of direct advertising.
Cookies and Right to Object concerning Direct Advertising
The term "cookies" refers to small files that are stored on users' computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his visit to an online service. Temporary cookies, also known as "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. The content of a shopping cart in an online store or a login status, for example, can be stored in such a cookie. Cookies are described as "permanent" or "persistent" if they remain stored even after the browser is closed. The login status, for example, can be saved if the user visits it after several days. Likewise, the interests of the users can be stored in such a cookie, which is used for range measurement or marketing purposes. Third-party cookies are cookies that are offered by providers other than the person responsible for operating the online service (otherwise, if it is only their cookies, they are referred to as "first-party cookies").
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional limitations of this online offer.
Erasure of Data
The data processed by us will be erased or limited in their processing in accordance with articles 17 and 18 GDPR. Unless expressly stated in this data protection policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the erasure does not conflict with any statutory storage obligations. If the data is not deleted as it is required for other and legally permissible purposes, its processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
According to legal requirements in Germany, the storage takes place for 10 years in accordance with Articles 147 Paragraph 1 AO, 257 Paragraph 1 Nos. 1 and 4, Paragraph 4 HGB (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with Article 257 Paragraph 1 Nos. 2 and 3, Paragraph 4 HGB (commercial letters).
According to legal requirements in Austria, the storage for 7 years takes place according to Art. 132 Para. 1 BAO (accounting documents, records/invoices, accounts, vouchers, business documents, statement of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years in connection with documents relating to electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
Additionally we process
- Contract data (e.g., object of contract, duration, customer category).
- Payment data (e.g., bank details, payment history)
by our customers, interested parties, and business partners for the purpose of contractual performance, service and customer care, marketing, advertising, and market research.
Administration, Financial Accounting, Office Management, Contact Management
We process data within the framework of administrative tasks as well as the organisation of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process within the scope of providing our contractual services. The basis for processing is Art. 6 Para. 1 letter c. GDPR, Art. 6 para. 1 letter f. GDPR. Customers, interested parties, business partners, and website visitors are affected by the processing. The purpose of and our interest in the processing is administration, financial accounting, office organisation, archiving of data, i.e. tasks which serve to maintain our business activities, perform our tasks, and provide our services. The deletion of data in relation to contractual services and contractual communication is in accordance with the information provided in these processing activities.
We disclose or transfer data to the tax authorities, consultants, such as tax advisors or auditors, and other fee earners and payment service providers.
Furthermore, we store information on suppliers, event organisers, and other business partners on the basis of our business interests, e.g. for the purpose of subsequent contact. We store this data, most of which is company-related, permanently.
Economic Analyses and Market Research
For the purpose of running our business economically, to identify market trends, wishes of contractual partners and users, we analyse the data available to us on business transactions, contracts, inquiries, etc. We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 letter f. GDPR, whereby the persons concerned include contractual partners, interested parties, customers, visitors, and users of our online offer.
The analyses are carried out for the purpose of business management evaluations, marketing, and market research. In doing so, we can take into account the profiles of the registered users with information, e.g. on the services they have used. The analyses serve to increase user-friendliness, to optimise our offer, and to improve business management. The analyses solely serve us and are not disclosed externally, unless they are anonymous analyses with summarised values.
If these analyses or profiles are personal, they will be deleted or made anonymous upon termination by the user, otherwise after two years from conclusion of the contract. In all other respects, the macroeconomic analyses and general trend determinations are prepared anonymously wherever possible.
Providing our Services in Accordance with the Articles of Association and Business
We process the data of our members, supporters, interested parties, customers, or other persons in accordance with Art. 6 para. 1 letter b. GDPR, provided that we offer contractual services to them or act within the framework of existing business relationships, e.g. to members, or are ourselves recipients of services and benefits. Otherwise, we process the data of affected persons in accordance with Art. 6 Para. 1 letter f. GDPR on the basis of our legitimate interests, e.g. if it concerns administrative tasks or public relations.
The data processed, the type, scope, purpose, and necessity of their processing are determined by the underlying contractual relationship. This generally includes inventory and master data of persons (e.g., name, address, etc.), as well as contact data (e.g., e-mail address, telephone number, etc.), contract data (e.g., services used, content and information provided, names of contact persons) and, if we offer services or products that require payment, payment data (e.g., bank details, payment history, etc.).
We delete data that is no longer necessary for the provision of our statutory and business purposes. This is determined according to the respective tasks and contractual relationships. In the case of business processing, we retain the data for as long as it may be relevant to the business transaction, as well as with regard to any warranty or liability obligations. The necessity of storing the data is reviewed every three years; otherwise the statutory storage obligations apply.
Users can create a user account. In the course of registration, the required mandatory data will be communicated to the users and processed on the basis of Art. 6 para. 1 letter b GDPR for the purpose of providing the user account. The processed data includes login information in particular (name, password, and an e-mail address). The data entered during registration shall be used for the purposes of using the user account and its purpose.
Users may be notified of information relevant to their user account, such as technical changes, by e-mail. If users have cancelled their user account, their data with regard to the user account will be deleted, subject to a legal obligation to keep records. It is the responsibility of users to back up their data before the end of the contract if they have terminated it. We are entitled to irretrievably delete all of the user's data stored during the contract period.
Within the scope of the use of our registration and login functions and the use of the user account, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as the user's need for protection against misuse and other unauthorised use. This data will not be passed on to third parties, unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 Par. 1 letter c. GDPR. The IP addresses will be made anonymous or deleted after 7 days at the latest.
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user's details will be used to process the contact request, and its handling is processed in accordance with Art. 6 Par. 1 letter b. (within the scope of contractual/pre-contractual relations), Art. 6 para. 1 letter f. (other inquiries) GDPR. User data may be stored in a customer relationship management system ("CRM system") or comparable inquiry organisation.
We will delete the inquiries if they are no longer required. We check the necessity every two years; furthermore, the legal archiving obligations apply.
You will be informed about the contents of our newsletter as well as the registration, dispatch, and statistical evaluation procedure and your right of objection in the following notices. By subscribing to our newsletter, you agree both to receive it as well as to the procedures described.
Content of the newsletter: We send newsletters, e-mails, and other electronic notifications containing advertising information (hereinafter "newsletter") only with the consent of the recipients or with legal permission. If, in the course of registering for the newsletter, its contents are specifically described, they are decisive for the consent of the users. Furthermore, our newsletters contain information about our services and us.
Double-Opt-In and logging: The registration to our newsletter is carried out in a so-called Double-Opt-In procedure. This means that you will receive an e-mail after registration asking you to confirm your registration. This confirmation is necessary so that no one can register using someone else's e-mail address. The newsletter registrations are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored by the shipping service provider are also logged.
Registration data: In order to register for the newsletter, it is necessary to provide your e-mail address, company name, title, first and last name, (company) address, postal code, city, and telephone number.
The dispatch of the newsletter and the associated measurement of success are based on the consent of the recipients in accordance with Art. 6 Para. 1 letter a, Art. 7 GDPR in conjunction with Art. 7 Para. 2 No. 3 UWG or, if consent is not required, on our legitimate interests in direct marketing in accordance with Art. 6 Para. 1 lt. f. GDPR in conjunction with Art. 7 Para. 3 UWG.
The logging of the registration procedure is based on our legitimate interests in accordance with Art. 6 para. 1 letter f GDPR. We are interested in the use of a user-friendly and secure newsletter system that serves our business interests as well as the expectations of the users while allowing us to prove their consent.
Cancellation/revocation - You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We may store the unsubscribed e-mail addresses for up to three years based on our legitimate interests before we delete them to prove that you have previously given your consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for deletion is possible at any time, provided that the former existence of consent is confirmed at the same time.
Newsletter – Performance Measurement
The newsletters contain a so-called "web-beacon", i.e. a pixel-sized file that is retrieved from our server when the newsletter is opened or, if we use a mailing service provider, from their server. Within the scope of this retrieval, technical information such as information on the browser and your system, as well as your IP address and time of retrieval are initially collected.
This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behavior based on their retrieval locations (which can be determined by means of the IP address) or the access times. Statistical surveys also include determining whether newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our intention nor, if used, that of the mailing service provider to observe individual users. Rather, the evaluations serve to identify the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
Unfortunately, it is not possible to cancel the success measurement separately. In this case, the entire newsletter subscription must be cancelled.
Hosting and E-mail Dispatch
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services, as well as technical maintenance services that we use for the purpose of operating this online offer.
In doing so, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties, and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer in accordance with Art. 6 para. 1 letter f GDPR in conjunction with Art. 28 GDPR (conclusion of contract processing agreement).
Online presence in social media
We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties, and users active there and to inform them about our services.
We point out that user data may be processed outside the European Union. This can result in risks for the users, as the enforcement of the users' rights could be made more difficult. With regard to US providers certified under the Privacy Shield, we would like to point out that by doing so they undertake to comply with the data protection standards of the EU.
Furthermore, user data is generally processed for market research and advertising purposes. For example, user profiles can be created from user behavior and the resulting interests of the users. These user profiles can in turn be used, for example, to place advertisements inside and outside the platforms that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users' computers, in which the usage behaviour and interests of the users are stored. Furthermore, data may also be stored in the user profiles regardless of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).
The processing of the users' personal data is based on our legitimate interests in effective information of the users and communication with the users in accordance with Art. 6 para. 1 letter f. GDPR. If users are asked by the respective providers to give their consent to data processing (i.e. to give their consent e.g. by ticking a check box or confirming a button), the legal basis for processing is Art. 6 para. 1 letter a., Art. 7 GDPR.
For a detailed presentation of the respective processing and the possibilities of objection (opt-out), we refer to the following linked information of the providers.
Also, in the event of requests for information and the assertion of user rights, we would like to point out that these can most effectively be asserted with the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information. Nevertheless, should you need help, please contact us.
Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke.
We reserve the right to amend the data protection policy in order to adapt it to changed legal situations or in the event of changes to the service or data processing. Users are therefore requested to check the content of our website regularly.