Privacy Policy

Your privacy matters to us. Learn more about how biGENIUS may store and process your data.

Updated: June 2023

Data protection is of a particularly high priority for the biGENIUS AG ("biGENIUS"). The use of www.bigenius-x.com ("The biGENIUS Website) is possible without any indication of personal data. However, if a Data Subject wants to use specific services biGENIUS provides via The biGENIUS Website, the processing of personal data could become necessary.

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 country-specific data protection regulations applicable to the biGENIUS. By means of this data protection declaration, our company would like to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, Data Subjects are informed of their rights by means of this data protection declaration.

As the Controller, biGENIUS has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always be subject to security vulnerabilities, so that absolute protection cannot be guaranteed. For this reason, every Data Subject is free to transmit personal data to us by alternative means, for example by telephone.

You can find our imprint here.

1.DEFINITIONS

The Privacy Policy of biGENIUS is based on the terms used by the European Legislators and Regulators when issuing the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

Inter alia we use the following terms in this Privacy Policy:

1.1. PERSONAL DATA

Personal data means any information relating to an identified or identifiable natural person (hereinafter "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.

1.2. DATA SUBJECT  

Data Subject is any identified or identifiable natural person whose personal data are processed by the Controller.

1.3. PROCESSING  

Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

1.4. RESTRICTION OF PROCESSING  

Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

1.5. PROFILING  

Profiling is any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person's job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.

1.6. PSEUDONYMIZATION

Pseudonymization is the processing of personal data in such a way 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 separate and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

1.7. CONTROLLER OR DATA CONTROLLER

The Controller or person responsible for 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 designation may be provided for under Union or Member State law.

1.8. PROCESSOR

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

1.9. RECIPIENT

Recipient means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a Third Party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as Recipients.

1.10. THIRD PARTY

Third Party means a natural or legal person, public authority, agency or other body other than the Data Subject, the Controller, the Processor and the persons authorized to process the personal data under the direct responsibility of the Controller or the Processor.

1.11. CONSENT

Consent shall mean any freely given indication of the Data Subject 's wishes for the specific case in an informed and unambiguous manner, in the form of a statement or any other unambiguous affirmative act, by which the Data Subject indicates that he or she consents to the processing of personal data relating to him or her.

2. NAME AND ADDRESS OF THE CONTROLLER AND THE DATA PROTECTION OFFICER

The responsible party within the meaning of the General Data Protection Regulation and the Swiss Data Protection Act, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

biGENIUS AG
Güterstrasse 19
4133 Pratteln
Switzerland

E-Mail: contact@bigenius.info
Website: www.bigenius-x.com

biGENIUS AG's EU Representative as a controller or processor not established in the Union (article 27 GDPR) is:

biGENIUS GmbH
1/F., Augasse 9
1090 Vienna
Austria

The data protection officer of the Controller is:

Andreas Böhm
biGENIUS AG
Güterstrasse 19
4133 Pratteln
Switzerland

E-Mail: dpo@bigenius.info

Any Data Subject may contact our data protection officer directly at any time with any questions or suggestions regarding data protection.

3. LEGAL BASIS OF THE PROCESSING

Article (Art.) 6 1. (a) GDPR serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose. This is the case for marketing measures.

If the processing of personal data is necessary for the performance of a contract to which the Data Subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 1. (b) GDPR. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services.

If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfillment of tax obligations, the processing is based on Art. 6 1. (c) GDPR.

In rare cases, the processing of personal data might become necessary to protect vital interests of the Data Subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other Third Party. Then the processing would be based on Art. 6 1. (d) GDPR.

Ultimately, processing operations could be based on Art. 6 1. (f) GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary for the protection of a legitimate interest of our company or a Third Party, provided that the interests, fundamental rights and freedoms of the Data Subject are not overridden. If the processing of personal data is based on Art. 6 1. (f) GDPR, the Controller sees the implementation as its legitimate interest. Here, action is taken for the benefit of the business, the welfare of all our employees and all other stakeholder.

4. COLLECTION OF GENERAL DATA AND INFORMATION

The website of biGENIUS collects a series of general data and information each time a Data Subject or automated system accesses the website. This general data and information is stored in the server log files. The following data may 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 accesses our website (so-called referrer), (4) the sub-websites that are 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 that serve to avert danger in the event of attacks on our information technology systems.

When using these general data and information, biGENIUS does not draw any conclusions about the Data Subject. Rather, this information is needed (1) to deliver the content of our website correctly, (2) to optimize the content of our website, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber-attack. This anonymously collected data and information is therefore evaluated by biGENIUS on one hand, statistically and on the other hand, with the aim of increasing data protection and data security in our company, and ultimately ensuring an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a Data Subject.

5. CONTACT POSSIBILITY VIA THE WEBSITE THROUGH CONTACT FORM

www.bigenius-x.com ("The biGENIUS Website") provides the option of using website contact forms to contact biGENIUS.  

Please refer to article 11.6 for more information about forms.

The Controller shall provide any Data Subject at any time upon request with information about what personal data is stored about the Data Subject. Furthermore, the Controller shall correct or delete personal data at the request or indication of the Data Subject, provided that this does not conflict with any statutory retention obligations. The entire staff of the Controller shall be available to the Data Subject as contact persons in this context.

6. WEBSITE REGISTRATION FORM FOR PROFESSIONAL TRAININGS

biGENIUS offers Data Subject the opportunity to register for professional training courses on The biGENIUS Website by providing personal data. Which personal data is transmitted to the Controller in the process is indicated in the respective input mask. The personal data entered by the Data Subject is collected and stored exclusively for internal use by the Controller for its own purposes.

Those data that are absolutely necessary for delivery or order processing will be passed on to Third Party service providers. As soon as the storage of your data is no longer necessary or required by law, it will be deleted.

7. LINK TO BIGENIUS SUPPORT PORTAL

biGENIUS offers product users the opportunity to access the biGENIUS support portal via The biGENIUS Website. The biGENIUS support portal is operated on Zendesk, please refer to article 11.8 for more information.

Zendesk Privacy Policy can be found here: https://www.zendesk.com/company/agreements-and-terms/privacy-policy.

The data Controller will provide any Data Subject at any time, upon request, with information about the personal data stored about the Data Subject. In addition, the Controller will correct or delete personal data at the request or notice of the Data Subject, provided that this does not conflict with any legal obligations to retain data. In this context, the entire staff of the Controller is available to the Data Subject as a contact person.

8. ROUTINE DELETION AND BLOCKING OF PERSONAL DATA

The criterion for the duration of storage of personal data is the respective statutory retention period. If no retention periods apply, the respective deletion periods defined by the responsible party apply. After expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfillment or initiation of the contract or for any other purpose.

9. DATA PROTECTION DURING APPLICATIONS AND THE APPLICATION PROCESS

The Controller collects and processes the personal data of applicants for the purpose of handling the application procedure. The processing may also take place electronically. This is the case, in particular, when an applicant submits relevant application documents to the Controller by electronic means, for example, by e-mail or via a web form on The biGENIUS Website. If the Controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the Controller does not conclude an employment contract with the applicant, the application documents will be deleted six months after notification of the rejection decision, provided that no other legitimate interests or contractual obligations vis-à-vis employment agencies of the Controller prevent deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG). Other contractual obligations in this sense is, for example, the right of recourse of a recruitment agency, which is why an application is deleted twelve months after notification of the rejection decision.

biGENIUS uses location determination to offer the person concerned nearby vacancies on its website, thus making the search easier. The location is actively requested from the user by means of a pop-up in the user's web browser. The person concerned therefore actively agrees to the location determination. A tracking method is used to determine the location, which uses the public IP address of the person concerned and thus allows conclusions to be drawn about a specific region.

10. COOKIES

The internet pages of biGENIUS use cookies. Cookies are text files that are stored on a computer system via an internet browser.

Numerous 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 string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the Data Subject from other Internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

Through the use of cookies, biGENIUS can provide the users of The biGENIUS Website with more user-friendly services that would not be possible without the cookie setting.

Through the use of cookies, the information and offers on our website can be optimized for the benefit of the user. As already mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter his or her access data each time he or she visits the website, because this is done by the website and the cookie stored on the user's computer system.

Essential cookies ensure functions without which Data Subjects cannot use the biGENIUS websites as intended. These cookies are used exclusively by biGENIUS and are therefore first party cookies. This means that all information stored in the cookies is returned to biGENIUS website. Essential cookies are used, for example, to ensure that a Data Subject as a logged-in user, always remain logged in when accessing various subpages of the biGENIUS website and thus do not have to re-enter login data each time Data Subject call up a new page. The use of essential cookies on the biGENIUS website is possible without the consent of a Data Subject. For this reason, essential cookies cannot be individually disabled or enabled.

Analytics cookies allow us to analyze user behavior based in part on personal information to understand how visitors interact with the website.

Third-party cookies are integrated on the websites of biGENIUS, which provide their services on their own responsibility. For example Google, Facebook, LinkedIn.

11.USE OF EXTERNAL TOOLS

11.1. MATOMO ANALYTICS (WITH DEFAULT IP ANONYMIZATION)

The Controller has integrated the Matomo Analytics component (with default IP anonymization) on The biGENIUS Website. Matomo Analytics is a web analysis service. Web analysis is the collection, compilation and analysis of data about the behavior of visitors to websites. A web analysis service collects, among other things, data on which website a Data Subject came to a website from (so-called referrers), which subpages of the website were accessed or how often and for how long a subpage was viewed. A web analysis is predominantly used for the optimization of a website and for the cost-benefit analysis of internet advertising.

Data collected via Matomo Analytics is stored in Matomo Cloud – an supplementary cloud-hosting service of Matomo Analytics.

The operating company of the Matomo Analytics component and Matomo Cloud service is:

InnoCraft Ltd
7 Waterloo Quay PO625
6140 Wellington
New Zealand

Matomo Analytics’ EU Representative as a controller or processor not established in the Union (article 27 GDPR) is:

ePrivacy Holding GmbH
Große Bleichen 21
20354 Hamburg
Germany

The Controller uses the default IP anonymization function of Matomo Analytics, where the IP address of the Internet connection of the Data Subject is shortened and anonymized by Matomo Analytics.

The purpose of the Matomo Analytics component is to analyze the flow of visitors to our website. Matomo Analytics uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us showing the activities on our website, and to provide other services related to the use of our website.

Matomo Analytics sets a cookie on the information technology system of the Data Subject. What cookies are has already been explained in article 10. By setting the cookie, Matomo Analytics is enabled to analyze the use of the biGENIUS Website. By each call of one of the individual pages of this website, which is operated by the Controller and on which a Matomo Analytics component has been integrated, the internet browser on the information technology system of the Data Subject is automatically caused by the respective Matomo Analytics component to transmit data to Matomo Analytics for the purpose of online analysis. As part of this technical process, Matomo Analytics obtains knowledge of personal data, such as the IP address of the Data Subject, among other data, to track the origin of visitors and clicks and subsequently enable commission calculations.

By means of the cookie, personal information, for example the access time, the location from which an access originated and the frequency of visits to our website by the Data Subject, is stored. Each time the Data Subject visits our website, this personal data, including the IP address of the internet connection used by the Data Subject, is transmitted to, and stored by Matomo Cloud in the New Zealand.

The Data Subject can prevent the setting of non-essential cookies by The biGENIUS Website, as already described above, at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Matomo Analytics from setting a cookie on the information technology system of the Data Subject. In addition, a cookie already set by Matomo Analytics can be deleted at any time via the internet browser or other software programs.

Further information and the Privacy Policy of Matomo Analytics can be found at: https://matomo.org/privacy-policy/ and the Privacy Policy of Matomo Cloud service can be found at: https://matomo.org/matomo-cloud-privacy-policy/

11.2. GOOGLE ADS REMARKETING

The Controller has integrated Google Ads on this website. Google AdWords is an Internet advertising service that allows advertisers to place ads both in Google's search engine results and in the Google advertising network. Google Ads allows an advertiser to specify certain keywords in advance, by means of which an ad is displayed in Google's search engine results exclusively when the user retrieves a keyword-relevant search result using the search engine. In the Google advertising network, the ads are distributed to topic-relevant websites by means of an automatic algorithm and in compliance with the previously defined keywords.

The operating company of the Google Ads services is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The purpose of Google AdWords is to advertise our website by displaying interest-relevant advertising on the websites of third-party companies and in the search engine results of the Google search engine.

If a Data Subject accesses our website via a Google ad, a so-called conversion cookie is stored by Google on the Data Subject's information technology system. What cookies are has already been explained above. A conversion cookie loses its validity after thirty days and is not used to identify the Data Subject. The conversion cookie is used to track whether certain subpages, for example the shopping cart from an online store system, have been called up on our website, provided the cookie has not yet expired. Through the conversion cookie, both we and Google can track whether a Data Subject who has accessed our website via an Ads ad has generated a sale, i.e. has completed or cancelled a purchase of goods.

The data and information collected through the use of the conversion cookie are used by Google to create visit statistics for our website. These visit statistics are in turn used by us to determine the total number of users who were referred to us via Ads ads, i.e. to determine the success or failure of the respective AdWords ad and to optimize our Ads ads for the future. Neither our company nor other advertisers of Google Ads receive information from Google by means of which the Data Subject could be identified.

By means of the conversion cookie, personal information, for example the internet pages visited by the Data Subject, is stored. Each time the Data Subject visits our website, personal data, including the IP address of the internet connection used by the Data Subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical procedure to third parties.

The Data Subject can prevent the setting of cookies by our website, as already described above, at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a conversion cookie on the information technology system of the Data Subject. In addition, a cookie already set by Google Ads can be deleted at any time via the internet browser or other software programs.

Furthermore, the Data Subject has the option to object to interest-based advertising by Google. To do this, the Data Subject must call up the link https://adssettings.google.com from any of the internet browsers she or he uses and make the desired settings there.

Further information and the applicable Google Privacy Policy can be found at https://policies.google.com/privacy.  

11.3. MATOMO TAG MANAGER

The biGENIUS Website uses Matomo Tag Manager. Matomo Tag Manager is a solution that allows marketers to manage website tags through one interface. The tool itself (which implements the tags) is a cookie-less domain and does not store any personal data. The tool takes care of triggering other tags, which in turn may collect data. MatomoTag Manager does not access this data. If a deactivation has been made at the domain or cookie level, it remains in place for all tracking tags implemented with Matomo Tag Manager.

11.4. YOUTUBE

The Controller has integrated YouTube components on this website. YouTube is an Internet video portal that allows video publishers to post video clips free of charge and other users to view, rate and comment on them, also free of charge. YouTube allows the publication of all types of videos, which is why complete film and television programs, but also music videos, trailers or videos made by users themselves can be accessed via the Internet portal.

The operating company of YouTube is:

YouTube, LLC
901 Cherry Ave
San Bruno
CA 94066
USA

YouTube, LLC is a subsidiary of:

Google Inc.
1600 Amphitheatre Pkwy
Mountain View
CA 94043-1351
USA

By each call of one of the individual pages of this website, which is operated by the Controller and on which a YouTube component (YouTube video) has been integrated, the internet browser on the information technology system of the Data Subject is automatically caused by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. Further information on YouTube can be found at https://about.youtube. Within the scope of this technical procedure, YouTube and Google receive knowledge of which specific subpage of our website is visited by the Data Subject.

If the Data Subject is logged into YouTube at the same time, YouTube recognizes which specific sub-page of our website the Data Subject is visiting when a sub-page containing a YouTube video is called up. This information is collected by YouTube and Google and assigned to the respective YouTube account of the Data Subject.

YouTube and Google always receive information via the YouTube component that the Data Subject has visited our website if the Data Subject is logged into YouTube at the same time as calling up our website; this takes place regardless of whether the Data Subject clicks on a YouTube video or not. If the Data Subject does not want this information to be transmitted to YouTube and Google, he or she can prevent the transmission by logging out of his or her YouTube account before accessing our website.

The Privacy Policy published by YouTube, which is available at https://policies.google.com/privacy, provides information about the collection, processing and use of personal data by YouTube and Google.

11.5. HUBSPOT MARKETING HUB

biGENIUS uses the Hubspot Marketing Hub solution to manage its online marketing activities. Such activities include:

E-mail communications

biGENIUS uses Hubspot Marketing Hub to communicate with persons whose contact details have been provided with prior consent, this include but not limited to Hubspot Form submissions via The biGENIUS Website (see article 11.6),  subscription to the biGENIUS Newsletter (see article 11.7), and previous communications via Zendesk (see article 11.8) where consent to marketing communications have been given.

The collection of form submissions

biGENIUS uses the Hubspot Form tool in the Hubspot Marketing Hub to collect data via the biGENIUS website for the purposes of general inquiry, event registration, as well as sales, and online marketing activities. For more information regarding Hubspot Form, please refer to article 11.6.

The use of tracking technologies

biGENIUS uses the HubSpot tracking code and pixels to detect visits to The biGENIUS Website. This data is used to help optimize ads, measure ads' results, and for creating website visitor ad audiences.

The operating company of the Hubspot Marketing Hub is:

HubSpot, Inc.
25 First Street, 2nd Floor
Cambridge
MA 02141
USA

For more information on Hubspot Inc.'s Privacy Policy, please visit: https://legal.hubspot.com/privacy-policy

11.6. HUBSPOT FORM

The biGENIUS Website uses Hubspot Form for general inquiry, event registration, as well as sales and online marketing activities. This is a component of the Hubspot Marketing Hub solution (see article 11.5) with which the person responsible covers the various aspects of online marketing. These include::

Contact forms  

This information and parts of the content of our website are stored on servers of our software partner. It can be used by us to contact visitors to our website and to determine which of our company's services are of interest to them. We use all collected information exclusively to optimize our marketing.

Registration on our website for an event

The Data Subject has the opportunity to register on The biGENIUS Website by providing personal data. Which personal data is transmitted to the Controller and its Processor Hubspot Inc. in the process results from the respective input mask used for the registration. The personal data entered by the Data Subject is collected and stored exclusively for internal use by the Controller for its own purposes. The Controller may arrange for the data to be transferred to one or more Processors, for example a parcel service provider or a call center, which will also use the personal data exclusively for an internal use attributable to the Controller.

By registering on The biGENIUS Website, the IP address assigned by the Internet service provider (ISP) of the Data Subject, the date and the time of registration are also stored. The storage of this data takes place against the background that only in this way can the misuse of our services be prevented and, if necessary, this data makes it possible to clarify committed crimes. In this respect, the storage of this data is necessary for the protection of the data Controller. As a matter of principle, this data is not passed on to third parties unless there is a legal obligation to pass it on or the passing on serves the purpose of criminal prosecution.

The registration of the Data Subject by voluntarily providing personal data serves the purpose of the Controller to offer the Data Subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have it completely deleted from the data stock of the Controller.

The Controller shall provide any Data Subject at any time, upon request, with information about what personal data is stored about the Data Subject. Furthermore, the Controller shall correct or delete personal data at the request or indication of the Data Subject, provided that this does not conflict with any statutory retention obligations. The entire staff of the Controller shall be available to the Data Subject as contact persons in this context.

Possibility of contacting us via the website by means of a contact form

The biGENIUS Website contains, on the basis of statutory provisions, data that enables a quick electronic contact to our company 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 by using a contact form, the personal data transmitted by the Data Subject will be stored automatically. Such personal data transmitted on a voluntary basis by a Data Subject to the Controller will be stored for the purpose of processing or contacting the Data Subject.

Registration to download information material

The Data Subject has the possibility to download information material on The biGENIUS Website by providing personal data on specific topics, after registration. Which personal data are transmitted to the Controller and its Processor in the process results from the respective input mask used for the registration. The personal data entered by the Data Subject is collected and stored exclusively for internal use by the Controller for its own purposes. The Controller may arrange for the data to be transferred to one or more Processors, for example a parcel service provider, who will also use the personal data exclusively for an internal use attributable to the Controller.

By registering on The biGENIUS Website, the IP address assigned by the Internet service provider (ISP) of the Data Subject, the date and the time of registration are also stored. The storage of this data takes place against the background that only in this way can the misuse of our services be prevented and, if necessary, this data makes it possible to clarify committed crimes. In this respect, the storage of this data is necessary for the protection of the data Controller. As a matter of principle, this data is not passed on to third parties unless there is a legal obligation to pass it on or the passing on serves the purpose of criminal prosecution.

The registration of the Data Subject by voluntarily providing personal data serves the purpose of the Controller to offer the Data Subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have it completely deleted from the data stock of the Controller.

The Controller shall provide any Data Subject at any time, upon request, with information about what personal data is stored about the Data Subject. Furthermore, the Controller shall correct or delete personal data at the request or indication of the Data Subject, provided that this does not conflict with any statutory retention obligations. The entire staff of the Controller shall be available to the Data Subject as contact persons in this context.

11.7. NEWSLETTER

Subscription to our newsletter

Data Subjects are given the opportunity to subscribe to newsletters on The biGENIUS Website. The personal data transmitted to the Controller and to the order Processor when the newsletter is ordered is specified in the input mask used for this purpose.

biGENIUS informs its customers and business partners at regular intervals by means of a newsletter about offers of the company. In principle, the newsletter of our company can only be received by the Data Subject if (1) the Data Subject has a valid e-mail address and (2) the Data Subject accepts the storage of the data through the registration process.

For legal reasons, a confirmation e-mail will be sent to the e-mail address provided by a Data Subject for the first time for newsletter dispatch using the confirmed opt-in procedure. This confirmation e-mail serves to verify whether the owner of the e-mail address as the Data Subject has authorized the receipt of the newsletter.

When registering for the newsletter, we also store the IP address of the computer system used by the Data Subject at the time of registration, as assigned by the Internet service provider (ISP), as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a Data Subject at a later point in time and therefore serves the legal safeguarding of the Controller.

11.8. ZENDESK

biGENIUS uses Zendesk for its business support service activities. This is an integrated software solution with which the Controller covers the various aspects of the distribution. These include:

Support
Documentation
Publicities
Data management
Sales
Exploration

This information and parts of the content of our website are stored on servers of our software partner. It can be used by us to contact visitors to our website and to determine which of our company's services are of interest to them. We use all collected information exclusively to optimize our services. Zendesk is a software company located in the USA with offices in Australia, Brazil, Canada, Denmark, France, Germany, India, Ireland, Italy, Japan, South Korea, Netherlands, Philippines, Poland, England, Singapore, Spain, Madison, Thailand, Indonesia. Malaysia, China, Taiwan, Hong Kong and Vietnam:

Zendesk, Inc.
989 Market St.
CA 94103
San Francisco
USA

More information about Zendesk’s Privacy Policy can be found at https://www.zendesk.com/company/agreements-and-terms/privacy-policy.

11.9. XERO

biGENIUS uses XERO for its accounting. This is a cloud-based accounting software platform with which the Controller covers various aspects of the implementation, accounting and management of the accounting system in an automated manner.

For this purpose, biGENIUS processes personal data in XERO. This information is stored on the servers of our software partner. It is used by us to offer products and services to interested parties and contractual partners, and to invoice and manage accounting information. We use the collected information exclusively to optimise our services. The operating company of XERO is XERO Accounting Software - a New Zealand software company with offices in New Zealand, Australia, Canada, Singapore, Hong Kong, South Africa, the United States and the United Kingdom:

XERO Accounting Software
19-23 Taranaki Street, Te Aro
Wellington 6011
New Zealand

For more information about XERO's Privacy Policy, please visit: https://www.xero.com/about/legal/privacy.  

11.10. PROFILING

biGENIUS uses the data collected from Zendesk to create a business profile. In particular, personal interests with regard to technology topics are recorded and evaluated. The responsible party uses this information to constantly improve its content and offers.

11.11. LINKEDIN CONVERSION TRACKING

We use the LinkedIn Conversion Tracking to optimize our advertising on LinkedIn. The operating company of LinkedIn:

LinkedIn Ireland Unlimited Company
Wilton Place, Gardner House 4,5,6
Dublin 2
Ireland

More information about LinkedIn’s Privacy Policy can be found at https://www.linkedin.com/legal/privacy-policy.

12. LEGAL OR CONTRACTUAL REQUIREMENTS TO PROVIDE THE PERSONAL DATA; NECESSITY FOR THE CONCLUSION OF THE CONTRACT; OBLIGATION OF THE DATA SUBJECT TO PROVIDE THE PERSONAL DATA; POSSIBLE CONSEQUENCES OF NON-PROVISION

We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a Data Subject to provide us with personal data that must subsequently be processed by us. For example, the Data Subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the Data Subject could not be concluded. Before providing personal data by the Data Subject, the Data Subject may contact contact@bigenius.info.

13. EXISTENCE OF AUTOMATED DECISION MAKING

As a responsible company, we do not use automated decision-making. If the Data Subject wishes to assert rights relating to automated decision-making, he or she can contact contact@bigenius.info at any time.

14. DATA SUBJECT RIGHTS

Every Data Subject has the right to information pursuant to Art. 15 of the GDPR, the right to rectification pursuant to Art. 16 of the GDPR, the right to erasure pursuant to Art. 17 of the GDPR, the right to restriction of processing pursuant to Art. 18 of the GDPR, the right to data portability pursuant to Art. 20 of the GDPR, the right to object pursuant to Art. 21 of the GDPR, and the right to withdraw consent at any time without stating reasons. In addition, the restrictions of the respective national data protection laws apply to the Data Subject rights. The rights can be asserted via contact@bigenius.info.

In addition, there is a right of appeal to a data protection supervisory authority (Art. 77 GDPR).