Privacy Policy

Name and contact details of the controller pursuant to Article 4(7) GDPR

Security and protection of your personal data

We consider it our primary responsibility to maintain the confidentiality of the personal data you provide and to protect it from unauthorized access. We therefore take the utmost care and apply the latest security standards to ensure maximum protection of your personal data.

As a private company, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the regulations of the German Federal Data Protection Act (BDSG). We have taken technical and organizational measures to ensure that the data protection regulations are observed both by us and by our external service providers.

International data transfers and use of VMed service

(1) The provision of our VMed service requires the processing and transfer of your personal data to the United States, where our partner OpenAI is based. This data transfer is essential for the functionality of VMed, as it would not be possible to use our services without the use of the technologies and servers located there.

(2) We are aware of the importance of protecting your personal data and have therefore decided to work with OpenAI within the framework of the Trans-Atlantic Data Privacy Framework (TADPF). The TADPF ensures that the transferred data enjoys an adequate level of protection and that our partner's data protection practices meet the high standards of European data protection requirements.

(3) We would like to emphasize that the transfer of your data to OpenAI is strictly for the purpose of providing you with the best possible services and making full use of the functionalities of VMed. We ensure through contractual agreements and ongoing reviews that OpenAI complies with the data protection standards of the TADPF and that your data is processed securely and in accordance with the law.

(4) Your consent to this data transfer is required in order to use VMed. If you do not consent to this data transfer, certain services of VMed cannot be provided. You can revoke your consent at any time; however, please note that this may affect your use of the service.

Definitions

The legislator requires that personal data be processed lawfully, fairly, and in a manner that is transparent to the data subject ("lawfulness, fairness, transparency"). To ensure this, we inform you about the individual legal definitions that are also used in this privacy policy:

Personal data

"Personal data" means any information relating to an identified or identifiable natural person (hereinafter "data subject"); A natural person is considered identifiable if they can be identified directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier, or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural, or social identity of that natural person.

Processing

"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, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, distribution, or otherwise making available, alignment or combination, restriction, erasure, or destruction.

Restriction of processing

"Restriction of processing" means the marking of stored personal data with the aim of limiting their processing in the future.

Profiling

"Profiling" means any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

Pseudonymization

"Pseudonymization" 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 organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

File system

"File system" means any structured collection of personal data accessible according to specific criteria, whether centralized, decentralized, or organized according to functional or geographical criteria.

Controller

"Controller" means a 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

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

Recipient

"Recipient" means 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 authorities shall be carried out in compliance with the applicable data protection rules according to the purposes of the processing.

Third party

"Third party" means any 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 authorized to process personal data.

Consent

"Consent" of the data subject means 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.

Legal basis for the processing of personal data

The processing of personal data on our website is only lawful if there is a legal basis for it. According to Article 6(1) of the General Data Protection Regulation (GDPR), these legal bases may include, in particular:

Consent: The data subject has given their explicit consent to the processing of their personal data for one or more specific purposes.

Contract performance: Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

Legal obligation: Processing is necessary for compliance with a legal obligation to which the controller is subject.

Vital interests: Processing is necessary to protect the vital interests of the data subject or of another natural person.

Public interest: Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Legitimate interests: Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.

Specific information on the use of AI services by OpenAI:

When using AI-based features on our website that are enabled by OpenAI technologies, certain data is transferred to OpenAI servers, which may also be located in the United States. This data transfer is necessary to provide the full functionality of our AI-powered services. Without this data transfer, the corresponding services would not be usable. We ensure that these transfers are carried out in accordance with applicable data protection laws, in particular the GDPR and the Trans-Atlantic Data Privacy Framework (TADPF).

Information on data collection on our website:

When you use our website for informational purposes, i.e., without registering or actively submitting information, we only collect the personal data that your browser sends to our server. This includes:

• IP address
• Date and time of the request
• Time zone difference to Greenwich Mean Time (GMT)
• Content of the request (specific page)
• Access status/HTTP status code
• Amount of data transferred in each case
• Website from which the request originates
• Browser
• Operating system and its interface
• Language and version of the browser software.

This data is technically necessary to display our website to you and to ensure stability and security (legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR).

Use of cookies

We do not use cookies.

Additional functions and offers on our website

(1) Additional services

In addition to the purely informational use of our website, we offer various services that require the provision of additional personal data. This data is used exclusively for the provision of the respective service and is subject to the data protection principles described below.

(2) Use of external service providers

We use external service providers for certain processes and services. These service providers have been carefully selected and commissioned by us and are strictly bound by our instructions. We regularly check their compliance with data protection standards and other contractual requirements.

(3) Data transfer to third parties

Your personal data may be passed on to third parties in the context of collaborations, for example, when participating in promotions, competitions, or concluding contracts that we offer jointly with other companies. We will provide you with detailed information about these partners and the respective data processing operations at the time of data collection or in the respective offer description.

(4) International data transfer

If our service providers or partners are based outside the European Economic Area (EEA), data will only be transferred in strict compliance with the data protection regulations of the European Union. We will inform you about these international data transfers and the associated risks in the respective offer description, in particular about the measures we take to ensure an adequate level of data protection, such as the use of standard contractual clauses.

Use of the GPT language model

(1) Transmission of user input

We use OpenAI technologies, including the GPT language model, to generate responses within our application. For this purpose, we transmit all text input or voice input converted to text that you or end users make on our customers' portals to OpenAI. This transfer includes all types of input made within the usage contexts of our services, regardless of whether they are made directly on our platform or via our customers' portals.

(2) Transmission of images

Depending on the project settings, images are captured by your camera or the end user's camera and transferred to OpenAI.

(3) Provider information

The service is provided by OpenAI, L.L.C., located at 3180 18th St; San Francisco, CA 94110; USA.

(4) Handling training data

We would like to point out that, according to OpenAI's guidelines, the transmitted data is not used to improve or train its AI models. OpenAI has given assurances that the privacy and integrity of user data will be maintained and that no data from interactions with the services will be used to further develop their models. This assurance is an important aspect of our commitment to protecting your data and complying with data protection standards.

(5) Legal basis and purpose of the data transfer

The processing and transmission of your data to OpenAI takes place on the legal basis of Art. 6 para. 1 sentence 1 lit. b GDPR, which permits the processing of data for the performance of a contract or pre-contractual measures. Our use of OpenAI technologies serves to improve the interactivity and functionality of our services, which is in the direct interest of our users and customers.

The processing and transmission of your image data to OpenAI in accordance with paragraph 2 takes place on the legal basis of Art. 6 para. 1 sentence 1 lit. a GDPR. You can object to the transfer by denying or not consenting to the use of the camera on our website in your browser.

(6) Duty to provide information to end users

As a provider, we undertake to inform both our direct users and the end users on our customers' portals clearly and comprehensibly about the use of their data in connection with the OpenAI services. This includes information about the transfer of data to the USA and the handling of data by OpenAI. It is also required that our customers who use AIMEE on their portals actively inform their end users about these practices and obtain their consent before any personal data is processed. This consent must be given in accordance with the respective customer's terms and conditions, which should clearly outline the use of OpenAI services and the associated data protection measures.

Customers of the operator are encouraged to include appropriate sections in their own privacy policies and terms and conditions that inform end users about the use of OpenAI and obtain consent for data processing in a transparent manner. This ensures that all parties are aware of their rights and obligations and that compliance with data protection regulations is guaranteed.

Use of speech-to-text

(1) Data transmission

For the transmission of speech to text, we use services from Microsoft Azure or services from OpenAI, which are offered on Microsoft Azure servers. For this purpose, the voice input is transmitted to Microsoft Azure servers. The server location is within the EU.

(2) Provider information

The service is provided by Microsoft Corporation, based in Redmond, WA 98052-6399, USA. Despite the company's headquarters in the USA, the server locations within the EU ensure compliance with local data protection laws.

(3) Privacy policy and specific information on data processing

Microsoft's data protection practices are described in detail in its privacy policy (https://privacy.microsoft.com/privacystatement). Further details on the handling of audio data, including information on data storage and retention, can be found at https://learn.microsoft.com/en-us/legal/cognitive-services/speech-service/speech-to-text/data-privacy-security#data-storage-and-retention.

(4) Security and confidentiality

Microsoft is committed to maintaining high security standards to protect your data. This includes technical and organizational measures to ensure that your voice input is treated confidentially and used exclusively for the specified service.

Use of text-to-speech

(1) We use Microsoft Azure services for the transfer of text to speech. For this purpose, the text output is transferred from GPT to Microsoft Azure servers. The server location is within the EU.

(2) The provider is Microsoft Corporation; Redmond, WA 98052-6399; USA. Despite the company's headquarters in the USA, the server locations within the EU ensure compliance with local data protection laws.

(3) You can find Microsoft's privacy policy here: https://privacy.microsoft.com/privacystatement

Newsletter

(1) With your consent, you can subscribe to our newsletter, with which we inform you about our current interesting offers. The advertised goods and services are named in the declaration of consent.

(2) We use the so-called double opt-in procedure to subscribe to our newsletter. This means that after you have registered, we will send you an e-mail to the e-mail address you have provided in which we ask you to confirm that you wish to receive the newsletter. If you do not confirm your registration within 24 hours, your information will be blocked and automatically deleted after one month. In addition, we store the IP addresses you use and the times of registration and confirmation. The purpose of this procedure is to be able to prove your registration and, if necessary, to clarify any possible misuse of your personal data.

(3) The only mandatory information for sending the newsletter is your e-mail address. The provision of further, separately marked data is voluntary and is used to address you personally. After your confirmation, we will store your e-mail address for the purpose of sending you the newsletter. The legal basis is Art. 6 para. 1 sentence 1 lit. a GDPR.

(4) The data stored by us as part of your consent for the purpose of the newsletter will be stored by us until you unsubscribe from the newsletter and deleted from both our servers and the servers of rapidmail after you unsubscribe from the newsletter. Data stored by us for other purposes (e.g. e-mail addresses for the member area) remain unaffected by this. You can revoke your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You can declare your revocation by clicking on the link provided in every newsletter e-mail, by e-mail to info@accesspoint-ai.com, by sending a message to the contact details given in the imprint or via a setting in your customer account (if available).

(5) We use rapidmail to send newsletters. The provider is rapidmail GmbH, Wentzingerstraße 21, 79106 Freiburg, Germany. Among other things, rapidmail is used to organize and analyse the sending of newsletters. The data you enter for the purpose of subscribing to the newsletter is stored on rapidmail's servers in Germany. If you do not wish to be analyzed by rapidmail, you must unsubscribe from the newsletter. For this purpose, we provide a corresponding link in every newsletter message. For the purpose of analysis, the emails sent with rapidmail contain a so-called tracking pixel, which connects to the rapidmail servers when the email is opened. In this way, it can be determined whether a newsletter message has been opened. We can also use rapidmail to determine whether and which links in the newsletter message have been clicked on. Optionally, links in the email can be set as tracking links with which your clicks can be counted. Data is not transferred to third countries. For more information, please refer to rapidmail's data security information at: https://www.rapidmail.de/datensicherheit. For more information on the analysis functions of rapidmail, please see the following link: https://www.rapidmail.de/wissen-und-hilfe

Children

Our services are generally aimed at adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians.

Rights of the data subject

(1) Revocation of consent

If the processing of personal data is based on consent, you have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

You can contact us at any time to exercise your right of withdrawal.

(2) Right to confirmation

You have the right to request confirmation from the controller as to whether we are processing personal data concerning you. You can request confirmation at any time using the contact details above.

(3) Right to information

If personal data is processed, you can request information about this personal data and the following information at any time:

• the purposes of processing;
• the categories of personal data that are processed;
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
• where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
• the existence of a right to rectification or erasure of personal data concerning you or to restriction of processing by the controller or a right to object to such processing;
• the existence of a right of appeal to 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, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

If personal data is transferred to a third country or to an international organization, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR in connection with the transfer. We will provide a copy of the personal data that is the subject of the processing. For any further copies you request, we may charge a reasonable fee based on administrative costs. If you make the request electronically, the information shall be provided in a commonly used electronic format, unless it specifies otherwise. The right to receive a copy in accordance with paragraph 3 must not adversely affect the rights and freedoms of other persons.

(4) Right to rectification

You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

(5) Right to erasure ("right to be forgotten")

You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and we are obliged to erase personal data without undue delay where one of the following grounds applies:

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

Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

The right to erasure ("right to be forgotten") does not exist if the processing is necessary:

• to exercise the right to freedom of expression and information;
• for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
• for reasons of public interest in the area of public health in accordance with Article 9(2)(h) and (i) and Article 9(3) GDPR;
• for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
• for the assertion, exercise or defense of legal claims.

(6) Right to restriction of processing

You have the right to demand that we restrict the processing of your personal data 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 and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
• the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims, or
• the data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

Where processing has been restricted in accordance with the above conditions, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

To assert the right to restriction of processing, the data subject can contact us at any time using the contact details provided above.

(7) Right to data portability

You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where one of the following applies

• the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b) GDPR, and
• the processing is carried out using automated procedures.

When exercising the right to data portability pursuant to paragraph 1, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

The exercise of the right to data portability does not affect the right to erasure ("right to be forgotten"). This right does not apply to processing that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

(8) Right of objection

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates 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.

Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data will no longer be processed for these purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

You have the right to object, on grounds relating to your particular situation, to processing of personal data concerning you for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), unless the processing is necessary for the performance of a task carried out for reasons of public interest.

You can exercise your right to object at any time by contacting the respective controller.

(9) Automated decisions in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:

• is necessary for the conclusion or performance of a contract between the data subject and the controller,
• is authorized 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
• with the express consent of the data subject.

The data 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 to contest the decision.

The data subject can exercise this right at any time by contacting the respective controller.

(10) Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.

(11) Right to an effective judicial remedy

Without prejudice to any available administrative or extrajudicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, you have the right to an effective judicial remedy if you consider that your rights under this Regulation have been infringed as a result of the processing of your personal data in non-compliance with this Regulation.

Existence of automated decision-making

We do not use automated decision-making or profiling.

Processors

We use external service providers (processors), e.g. for payment processing. A separate contract data processing agreement has been concluded with the service provider to ensure the protection of your personal data.

We work with the following service providers: