Privacy policy
Introduction and overview
We have written this data protection declaration (version 15.10.2022-122228412) in order to explain to you, in accordance with the provisions of the General Data Protection Regulation (EU) 2016/679 and applicable national laws, which personal data (data for short) we as controllers – and the processors commissioned by us (e.g. providers) – process, will process in the future and what lawful options you have. The terms used are to be understood as gender-neutral.
In short: We inform you comprehensively about data that we process about you.
Privacy statements usually sound very technical and use legal terminology. This privacy policy, on the other hand, is intended to describe the most important things to you as simply and transparently as possible. As far as it is conducive to transparency, technical terms are explained in a reader-friendly way, links to further information are provided and graphics are used . We thus inform in clear and simple language that we only process personal data in the context of our business activities if there is a corresponding legal basis. This is certainly not possible if you make as concise, unclear and legal-technical explanations as possible, as they are often standard on the Internet when it comes to data protection. I hope you find the following explanations interesting and informative and maybe there is one or the other information that you did not know yet. If you still have questions, we would like to ask you to contact the responsible body mentioned below or in the imprint, to follow the existing links and to view further information on third-party sites. Of course, you can also find our contact details in the imprint.
Scope
This privacy policy applies to all personal data processed by us in the company and to all personal data processed by companies commissioned by us (processors). By personal data we mean information within the meaning of Art. 4 No. 1 GDPR such as name, e-mail address and postal address of a person. The processing of personal data ensures that we can offer and bill our services and products, whether online or offline. The scope of this Privacy Policy includes:
- all online presences (websites, online shops) that we operate
- Social media appearances and e-mail communication
- mobile apps for smartphones and other devices
In short : The data protection declaration applies to all areas in which personal data is processed in the company in a structured manner via the channels mentioned. Should we enter into legal relationships with you outside of these channels, we will inform you separately if necessary.
Legal bases
In the following data protection declaration, we provide you with transparent information on the legal principles and regulations, i.e. the legal basis of the General Data Protection Regulation, which enable us to process personal data. As far as EU law is concerned, we refer to REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016. You can of course read this EU General Data Protection Regulation online at EUR-Lex, the Access to EU Law, under https://eur-lex.europa.eu/legal-content/DE/ALL/?uri=celex%3A32016R0679 .
We only process your data if at least one of the following conditions applies:
- Consent (Article 6 (1) (a) GDPR): You have given us your consent to process data for a specific purpose. An example would be the storage of your entered data of a contact form.
- Contract ( Article 6 (1) (b) GDPR): In order to fulfil a contract or pre-contractual obligations with you, we process your data. For example, if we conclude a purchase contract with you, we require personal information in advance.
- Legal obligation ( Article 6 (1) (c) GDPR): If we are subject to a legal obligation, we process your data. For example, we are legally obliged to keep invoices for accounting. These usually contain personal data.
- Legitimate interests ( Article 6 (1) (f) GDPR): In the case of legitimate interests that do not restrict your fundamental rights, we reserve the right to process personal data. For example, we need to process certain data in order to operate our website safely and economically. This processing is therefore a legitimate interest.
Other conditions such as the perception of recordings in the public interest and the exercise of official authority as well as the protection of vital interests do not usually occur with us. To the extent that such a legal basis should nevertheless be relevant, it will be indicated in the appropriate place.
In addition to the EU regulation, national laws also apply:
- In Austria, this is the Federal Act on the Protection of Natural Persons with regard to the Processing of Personal Data (Data Protection Act), or DSG for short.
- In Germany, the Federal Data Protection Act, BDSG for short, applies.
If other regional or national laws apply, we will inform you in the following sections.
Speicherdauer
The fact that we only store personal data for as long as is absolutely necessary for the provision of our services and products is a general criterion for us. This means that we delete personal data as soon as the reason for the data processing no longer exists. In some cases, we are legally obliged to retain certain data even after the original purpose has ceased to apply, for example for accounting purposes.
If you wish your data to be deleted or revoke your consent to data processing, the data will be deleted as soon as possible and insofar as there is no obligation to store it.
We will inform you below about the specific duration of the respective data processing, if we have further information.
Rights under the General Data Protection Regulation
In accordance with Articles 13, 14 GDPR, we inform you of the following rights to which you are entitled in order to ensure fair and transparent processing of data:
- According to Article 15 GDPR, you have a right to information as to whether we process your data. If this is the case, you have the right to receive a copy of the data and to receive the following information:
- the purpose for which we carry out the processing;
- the categories, i.e. the types of data processed;
- who receives this data and, if the data is transferred to third countries, how security can be guaranteed;
- how long the data is stored;
- the existence of the right to rectification, erasure or restriction of processing and the right to object to processing;
- that you can complain to a supervisory authority (links to these authorities can be found below);
- the origin of the data, if we have not collected it from you;
- whether profiling is carried out, i.e. whether data is automatically evaluated in order to obtain a personal profile of you.
- According to Article 16 GDPR, you have a right to rectification of the data, which means that we must correct data if you find errors.
- According to Article 17 GDPR, you have the right to erasure ("right to be forgotten"), which specifically means that you may request the deletion of your data.
- According to Article 18 GDPR, you have the right to restriction of processing, which means that we may only store the data but no longer use it.
- According to Article 20 GDPR, you have the right to data portability, which means that we will provide you with your data in a commonly used format upon request.
- According to Article 21 GDPR, you have a right of objection, which entails a change in processing after enforcement.
- If the processing of your data is based on Article 6(1)(e) (public interest, exercise of official authority) or Article 6(1)(f) (legitimate interest), you may object to the processing. We will then check as soon as possible whether we can legally comply with this objection.
- If data is used for direct marketing purposes, you can object to this type of data processing at any time. We may no longer use your data for direct marketing.
- If data is used for profiling, you can object to this type of data processing at any time. We may no longer use your data for profiling.
- According to Article 22 GDPR, you may have the right not to be subject to a decision based solely on automated processing (e.g. profiling).
- According to Article 77 GDPR, you have the right to lodge a complaint. This means that you can complain to the Data Protection Authority at any time if you believe that the data processing of personal data violates the GDPR.
In short: You have rights – do not hesitate to contact the responsible body listed above!
If you believe that the processing of your data violates data protection law or your data protection claims have been violated in any other way, you can complain to the supervisory authority. This is the data protection authority for Austria, whose website can be found under https://www.dsb.gv.at/ . In Germany, there is a data protection officer for each federal state. For further information, you can contact the Federal Commissioner for Data Protection and Freedom of Information (BfDI ). The following local data protection authority is responsible for our company:
Austria Data Protection Authority
Head: Mag. Dr. Andrea Jelinek
Address: Barichgasse 40-42, 1030 Vienna
Phone: +43 1 52 152-0
Email address: dsb@dsb.gv.at
Website: https://www.dsb.gv.at/
Data transfer to third countries
We only transfer or process data to countries outside the EU (third countries) if you consent to this processing, if this is required by law or contractually necessary and in any case only to the extent generally permitted. In most cases, your consent is the most important reason why we have data processed in third countries. The processing of personal data in third countries such as the USA, where many software manufacturers provide services and have their server locations, may mean that personal data is processed and stored in unexpected ways.
We expressly point out that, in the opinion of the European Court of Justice, there is currently no adequate level of protection for data transfer to the USA. Data processing by US services (such as Google Analytics) may mean that data may not be processed and stored anonymously. In addition, U.S. government agencies may have access to individual data. In addition, it may happen that collected data is linked to data from other services of the same provider, if you have a corresponding user account. If possible, we try to use server locations within the EU, if this is offered.
We will inform you in more detail about data transfer to third countries, if applicable, in the appropriate places of this data protection declaration.
Security of data processing
In order to protect personal data, we have implemented both technical and organizational measures. Where possible, we encrypt or pseudonymize personal data. In this way, we make it as difficult as possible for third parties to draw conclusions about personal information from our data.
Art. 25 GDPR speaks here of "data protection by design and by default" and means that both software (e.g. forms) and hardware (e.g. access to the server room) are always considered and appropriate measures are taken. In the following, if necessary, we will discuss concrete measures.
TLS encryption with https
TLS, encryption and https sound very technical and are. We use HTTPS (the Hypertext Transfer Protocol Secure stands for "secure hypertext transmission protocol") to transmit data tap-proof on the Internet. This means that the complete transmission of all data from your browser to our web server is secured – nobody can "eavesdrop".
We have thus introduced an additional security layer and comply with data protection through technology design (Article 25 (1) GDPR). By using TLS (Transport Layer Security), an encryption protocol for secure data transmission on the Internet, we can ensure the protection of confidential data. You can recognize the use of this protection of data transmission by the small lock symbol in the upper left corner of the browser, to the left of the Internet address (e.g. beispielseite.de) and the use of the scheme https (instead of http) as part of our Internet address.If you want to know more about encryption, we recommend the Google search for "Hypertext Transfer Protocol Secure wiki" to get good links to further information.
Communication
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Communication Summary |
If you contact us and communicate by telephone, e-mail or online form, personal data may be processed.
The data will be processed for the processing and processing of your question and the related business transaction. The data is stored for as long as it is required by law.
Data subjects
All those who seek contact with us via the communication channels provided by us are affected by these processes.
Telephone
If you call us, the call data will be stored pseudonymously on the respective terminal device and at the telecommunications provider used. In addition, data such as name and telephone number can then be sent by e-mail and stored to answer the request. The data will be deleted as soon as the business case has been terminated and legal requirements permit.
If you communicate with us by e-mail, data may be stored on the respective device (computer, laptop, smartphone,...) and data is stored on the e-mail server. The data will be deleted as soon as the business case has been terminated and legal requirements permit.
Online forms
If you communicate with us via the online form, data will be stored on our web server and, if necessary, forwarded to an e-mail address from us. The data will be deleted as soon as the business case has been terminated and legal requirements permit.
Legal bases
The processing of data is based on the following legal bases:
- Art. 6 para. 1 lit. a GDPR (consent): You give us your consent to store your data and continue to use it for purposes relating to the business case;
- Art. 6 para. 1 lit. b GDPR (contract): There is a need for the performance of a contract with you or a processor such as .dem telephone provider or we need to process the data for pre-contractual activities, such as the preparation of an offer;
- Art. 6 para. 1 lit. f GDPR (legitimate interests): We want to conduct customer inquiries and business communication in a professional framework. This requires certain technical facilities such as e-mail programs, Exchange servers and mobile operators in order to be able to operate communication efficiently.
Auftragsverarbeitungsvertrag (AVV)
In this section, we would like to explain what an order processing agreement is and why it is needed. Because the word "order processing contract" is quite a tongue twister, we will often only use the acronym GCU in the text. Like most companies, we do not work alone, but also use the services of other companies or individuals ourselves. Due to the involvement of various companies or service providers, we may pass on personal data for processing. These partners then act as processors with whom we conclude a contract, the so-called order processing contract (DPA). The most important thing for you to know is that the processing of your personal data is carried out exclusively in accordance with our instructions and must be regulated by the GCU.
Who are processors?
As a company and website owner, we are responsible for all data we process about you. In addition to those responsible, there may also be so-called processors. This includes any company or person who processes personal data on our behalf. More precisely, and according to the GDPR definition: any natural or legal person, public authority, agency or other body that processes personal data on our behalf is considered a processor. Processors can therefore be service providers such as hosting or cloud providers, payment or newsletter providers or large companies such as Google or Microsoft.
For better comprehensibility of the terminology, here is an overview of the three roles in the GDPR:
Data subject (you as a customer or interested party) → controller (we as a company and client) → processor (service providers such as web hosts or cloud providers)
Content of an order processing contract
As mentioned above, we have concluded a DPA with our partners who act as data processors. Above all, it states that the processor processes the data to be processed exclusively in accordance with the GDPR. The contract must be concluded in writing, but in this context the electronic conclusion of the contract is also considered "in writing". Only on the basis of the contract does the processing of personal data take place. The contract must include:
- Commitment to us as the controller
- Duties and rights of the controller
- Categories of data subjects
- Type of personal data
- Type and purpose of data processing
- Subject matter and duration of data processing
- Place of data processing
Furthermore, the contract contains all obligations of the processor. The main obligations are:
- Ensure data security measures
- take possible technical and organizational measures to protect the rights of the data subject
- to maintain a data processing directory
- cooperate with the data protection supervisory authority at the request of the latter
- carry out a risk analysis in relation to the personal data received
- Sub-processors may only be engaged with the written consent of the controller
You can see what such a DPA looks like in concrete terms, for example, under https://www.wko.at/service/wirtschaftsrecht-gewerberecht/eu-dsgvo-mustervertrag-auftragsverarbeitung.html . A model contract is presented here.
Explanation of terms used
We always strive to make our privacy policy as clear and understandable as possible. However, this is not always easy, especially when it comes to technical and legal issues. It often makes sense to use legal terms (such as personal data) or certain technical terms (such as cookies, IP address). However, we do not want to use them without explanation. Below you will find an alphabetical list of important terms used that we may not have sufficiently addressed in the previous data protection declaration. If these terms have been taken from the GDPR and they are definitions, we will also list the GDPR texts here and, if necessary, add our own explanations.
Auftragsverarbeiter
Definition according to Article 4 of the GDPR
For the purposes of this Regulation:
'processor' means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
Explanation: As a company and website owner, we are responsible for all data we process about you. In addition to those responsible, there may also be so-called processors. This includes any company or person who processes personal data on our behalf. In addition to service providers such as tax consultants, processors can therefore also be hosting or cloud providers, payment or newsletter providers or large companies such as Google or Microsoft.
Consent
Definition according to Article 4 of the GDPR
For the purposes of this Regulation:
'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;
Explanation: As a rule, such consent is given via a cookie consent tool for websites. I'm sure you know that. Whenever you visit a website for the first time, you will usually be asked by a banner whether you agree or consent to data processing. In most cases, you can also make individual settings and thus decide for yourself which data processing you allow and which you do not. If you do not consent, no personal data may be processed by you. In principle, consent can of course also be given in writing, i.e. not via a tool.
Personal data
Definition according to Article 4 of the GDPR
For the purposes of this Regulation:
'personal data' means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who, 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, the physiological, genetic, mental, economic, cultural or social identity of that natural person can be identified;
Explanation: Personal data is therefore all data that can identify you as a person. This is usually data such as:
- Name
- Address
- E-mail address
- Postal address
- Telephone number
- Date of birth
- Identification numbers such as social security number, tax identification number, identity card number or matriculation number
- Bank data such as account number, credit information, account balances and much more.
According to the European Court of Justice (ECJ), your IP address also counts as personal data. IT professionals can use your IP address to determine at least the approximate location of your device and subsequently you as the connection owner. Therefore, the storage of an IP address also requires a legal basis within the meaning of the GDPR. There are also so-called "special categories" of personal data, which are also particularly worthy of protection. These include:
- racial and ethnic origin
- political opinions
- religious or ideological beliefs
- trade union membership
- genetic data, such as data taken from blood or saliva samples
- biometric data (this is information about mental, physical or behavioral characteristics that can identify a person). Health
- Data on sexual orientation or sex life
Profiling
Definition according to Article 4 of the GDPR
For the purposes of this Regulation:
'profiling' means any form of automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
Explanation: Profiling collects various pieces of information about a person in order to learn more about that person. In the web sector, profiling is often used for advertising purposes or for credit checks. For example, web or advertising analytics programs collect data about your behavior and interests on a website. This results in a special user profile, with the help of which advertising can be played out specifically to a target group.
Person in charge
Definition according to Article 4 of the GDPR
For the purposes of this Regulation:
'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 may determine the specific criteria for its nomination in accordance with Union or Member State law: are provided;
Explanation: In our case, we are responsible for the processing of your personal data and therefore the "controller". When we share collected data with other service providers for processing, they are "processors". For this, an "order processing contract (DPA)" must be signed.
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