Data protection

Introduction and overview

We have written this data protection declaration (version 27.04.2023-112491379) 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 the person responsible - and that of processors commissioned by us (e.g. providers) - process, will process in the future and what legal 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 jargon. This data protection declaration, on the other hand, is intended to describe the most important things as simply and transparently as possible. As far as transparency is conducive, technical terms are explained in a reader-friendly way, links to further information are provided and graphics are used. We are thus informing you in clear and simple language that we only process personal data in the course of our business activities if there is a corresponding legal basis. This is certainly not possible if you make the most concise, unclear and legal-technical statements possible, as they are often standard on the Internet when it comes to data protection. I hope that you find the following explanations interesting and informative and that you may find some information that you did not already know.
If you still have questions, we would like to ask you to contact the responsible person named below or in the imprint, to follow the links provided and to look at further information on third-party websites. Our contact details can of course also be found in the imprint.

 

Scope of application

This data protection declaration applies to all personal data processed by us in the company and to all personal data that companies commissioned by us (processors) process. By personal data we mean information within the meaning of Art. 4 No. 1 GDPR such as a person's name, e-mail address and postal address. 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 email 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 a structured manner in the company via the channels mentioned. If 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 April 27, 2016. You can of course read this EU General Data Protection Regulation online on EUR-Lex, the gateway to the EU -Legal, see 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:

  1. Consent (Article 6 Paragraph 1 lit. a GDPR): You have given us your consent to process data for a specific purpose. An example would be storing the data you entered on a contact form.
  2. Contract (Article 6 Paragraph 1 lit. b GDPR): In order to fulfill a contract or pre-contractual obligations with you, we process your data. For example, if we conclude a sales contract with you, we need personal information in advance.
  3. Legal obligation (Article 6 paragraph 1 lit. c GDPR): If we are subject to a legal obligation, we process your data. For example, we are required by law to keep invoices for accounting purposes. These usually contain personal data.
  4. Legitimate interests (Article 6 Paragraph 1 lit. 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 be able to operate our website securely 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 public authority as well as the protection of vital interests do not usually apply to us. If such a legal basis should be relevant, it will be shown in the appropriate place.

In addition to the EU regulation, national laws also apply:

  • In Austria, this is the federal law for the protection of natural persons when processing personal data (data protection law), 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 about them in the following sections.

 

Contact details of the person responsible

If you have any questions about data protection or the processing of personal data, you will find the contact details of the person or body responsible below:
Sample company GmbH
John Doe
Musterstrasse 47, 12312 Musterstadt, Austria
Authorized representative: Markus Mustermann
Email: mail@musterfirma.at
Telephone: +43 4711 12345
Imprint: https://www.musterfirma.at/impressum/

 

Storage duration

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 store certain data even after the original purpose has ceased to exist, 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 quickly as possible and provided there is no obligation to store it.

We will inform you below about the specific duration of the respective data processing, provided that we have further information on this.

 

Rights under the General Data Protection Regulation

In accordance with Articles 13 and 14 GDPR, we inform you about the following rights to which you are entitled so that data is processed fairly and transparently:

  • According to Article 15 GDPR, you have a right to information as to whether we are processing your data. If this is the case, you have the right to receive a copy of the data and to be informed of the following information:
    • for what purpose we carry out the processing;
    • the categories, i.e. the types of data that are 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 did not collect it from you;
    • whether profiling is carried out, i.e. whether data is automatically evaluated in order to create a personal profile for you.
  • According to Article 16 GDPR, you have the right to have the data corrected, which means that we have to correct data if you find any errors.
  • According to Article 17 GDPR, you have the right to erasure ("right to be forgotten"), which specifically means that you can request the erasure 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 not use it further.
  • According to Article 20 GDPR, you have the right to data portability, which means that we can provide you with your data in a common format upon request.
  • According to Article 21 GDPR, you have a right of objection, which, after enforcement, will result in a change in processing.
    • If the processing of your data is based on Article 6 Paragraph 1 Letter e (public interest, exercise of official authority) or Article 6 Paragraph 1 Letter f (legitimate interest), you can object to the processing. We will then check as quickly as possible whether we can legally comply with this objection.
    • If data is used to operate direct advertising, you can object to this type of data processing at any time. We may no longer use your data for direct marketing after this.
    • If data is used to operate profiling, you can object to this type of data processing at any time. We may no longer use your data for profiling after this.
  • 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 processing of personal data violates the GDPR.

In short: you have rights - do not hesitate to contact the responsible person listed above!

If you believe that the processing of your data violates data protection law or your data protection rights 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 at https://www.dsb.gv.at/. In Germany there is a data protection officer for each federal state. For more 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.

 

Explanation of terms used

We always try 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). But we don't want to use them without explanation. Below you will find an alphabetical list of important terms used, which we may not have sufficiently addressed in the previous data protection declaration. If these terms were taken from the GDPR and they are definitions, we will also list the GDPR texts here and add our own explanations if necessary.

 

Processor

Definition according to Article 4 of the GDPR

For the purposes of this Regulation, the term means:

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

Explanation: As a company and website owner, we are responsible for all data that we process from 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 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, the term means:

"Consent" of the data subject means any voluntary, informed and unequivocal expression of will in the specific case, in the form of a declaration or other clear affirmative action, with which the data subject indicates that they have consented to the processing of their personal data agrees;

Explanation: As a rule, such consent is given on websites via a cookie consent tool. I'm sure you know that. Whenever you visit a website for the first time, you will usually be asked via a banner whether you agree or consent to the data processing. You can usually also make individual settings and thus decide for yourself which data processing you allow and which not. If you do not give your consent, no personal data may be processed. 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, the term means:

"Personal data" means any information relating to an identified or identifiable natural person (hereinafter "data subject"); an identifiable natural person is one who, 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 features, expresses the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person can be identified;

Explanation: Personal data is all data that can identify you as a person. This is usually data such as:

  • Surname
  • Address
  • E-mail address
  • Postal address
  • Phone number
  • Birth date
  • Identification numbers such as social security number, tax identification number, ID 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 is also considered personal data. IT experts can use your IP address to determine at least the approximate location of your device and subsequently you as the connection owner. Therefore, storing 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
  • Union membership
  • Genetic data such as data obtained from blood or saliva samples
  • Biometric data (this is information about psychological, physical or behavioral characteristics that can identify a person).
  • Health data
  • Data related to sexual orientation or sex life

 

Profiling

Definition according to Article 4 of the GDPR

For the purposes of this Regulation, the term means:

"Profiling" any type of automated processing of personal data, which consists in using this personal data to evaluate certain personal aspects relating to a natural person, in particular aspects related to work performance, economic situation, health, personal Analyze or predict that natural person's preferences, interests, reliability, behaviour, location or relocation;

Explanation: Profiling gathers various pieces of information about an individual in order to learn more about that individual. On the web, profiling is often used for advertising purposes or for credit checks. For example, web and advertising analysis programs collect data about your behavior and your interests on a website. This results in a special user profile that can be used to target advertising to a specific target group.

 

Responsible

Definition according to Article 4 of the GDPR

For the purposes of this Regulation, the term means:

"Responsible" the natural or legal person, public authority, agency or other body that alone or jointly with others decides on the purposes and means of the processing of personal data; if the purposes and means of this processing are specified by Union law or the law of the Member States, the person responsible or the specific criteria for his naming can be provided for by Union law or the law of the Member States;

Explanation: In our case, we are responsible for the processing of your personal data and consequently the “controller”. If we pass on collected data to other service providers for processing, these are "processors". For this, an "order processing contract (AVV)" must be signed.

 

Processing

Definition according to Article 4 of the GDPR

For the purposes of this Regulation, the term means:

"Processing" means any process carried out with or without the aid of automated processes or any such series of processes in connection with personal data, such as collection, recording, organisation, ordering, storage, adaptation or modification, reading out, querying, use , disclosure by transmission, distribution or any other form of making available, matching or linking, restriction, deletion or destruction;

Note: When we talk about processing in our data protection declaration, we mean any type of data processing. As mentioned above in the original GDPR declaration, this includes not only the collection but also the storage and processing of data.

All texts are copyrighted.

Source: Created with AdSimple's data protection generator