This data protection declaration informs you about the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the websites, functions and content associated with it, as well as external online presences, such as our social media profiles. (hereinafter collectively referred to as "online offer"). With regard to the terms used, such as "processing" or "controller", we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Company register number: FN 31638w
Managing director/owner: Lukas Breslmair
E-mail address: firstname.lastname@example.org
Types of data processed:
- Inventory data (e.g., names, addresses).
- Contact data (e.g., email, phone numbers).
- Content data (e.g., text entries, photographs, videos).
- Contract data (e.g., subject matter of contract, term, customer category).
- Payment data (e.g., bank details, payment history).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses).
Processing of special categories of data (Art. 9(1) DSGVO):
No special categories of data are processed.
Categories of data subjects concerned by the processing:
- Customers, interested parties, visitors and users of the online offer, business partners.
In the following, we also refer to the persons concerned collectively as "users".
Purpose of the processing:
- Provision of the online offer, its contents and shop functions.
- Provision of contractual services, service and customer care.
- Answering contact requests and communication with users.
- Marketing, advertising and market research.
- Security measures.
Status: March / 2020
1. terms used
1.1 "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 (e.g. a cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.2 "Processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually any handling of data.
1.3 "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.
2 Relevant legal bases
We ask you to regularly inform yourself about the content of our data protection declaration. We adapt the data protection declaration as soon as the changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.
4. security measures
4.1 We take appropriate measures in accordance with Art. 32 GDPR, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, appropriate technical and organisational measures to ensure a level of protection appropriate to the risk; the measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access concerning them, input, disclosure, ensuring availability and their separation. We also have procedures in place to ensure the exercise of data subjects' rights, deletion of data and response to data compromise. Furthermore, we already take the protection of personal data into account during the development and selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 DSGVO).
4.2 The security measures include in particular the encrypted transmission of data between your browser and our server.
5. disclosure and transmission of data
5.1 If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as payment service providers, is required pursuant to Art. 6 para. 1 lit. b DSGVO is necessary for the performance of a contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, hosting providers, tax, business and legal advisors, customer care, accounting, billing and similar services that allow us to efficiently and effectively fulfil our contractual obligations, administrative tasks and duties).
5.2 If we commission third parties with the processing of data on the basis of a so-called "order processing agreement", this is done on the basis of Art. 28 DSGVO.
6. transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or the disclosure or transfer of data to third parties, this only occurs if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or allow the processing of data in a third country if the special requirements of Art. 44 ff. DSGVO are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").
7. rights of the data subjects
7.1 You have the right to request confirmation as to whether data in question is being processed and to information about this data, as well as further information and a copy of the data in accordance with Art. 15 of the GDPR.
7.2 You have the right in accordance with. Article 16 of the GDPR, you have the right to request that the data concerning you be completed or that the inaccurate data concerning you be corrected.
7.3 In accordance with Article 17 of the GDPR, you have the right to demand that the data concerned be deleted without delay or, alternatively, to demand restriction of the processing of the data in accordance with Article 18 of the GDPR.
7.4 You have the right to obtain the data concerning you that you have provided to us in accordance with Article 20 of the GDPR and to request that it be transferred to other data controllers.
7.5 You also have the right to lodge a complaint with the competent supervisory authority pursuant to Art. 77 DSGVO.
8. right of withdrawal
You have the right to revoke consent granted in accordance with Art. 7 (3) DSGVO with effect for the future.
9. right of objection
You may object to the future processing of data concerning you in accordance with Art. 21 DSGVO at any time. The objection can be made in particular against processing for direct marketing purposes.
10. cookies and the right to object to direct advertising
10.1 "Cookies" are small files that are stored on users' computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his or her visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his or her browser. In such a cookie, for example, the contents of a shopping basket in an online shop or a login status can be stored. Cookies that remain stored even after the browser is closed are referred to as "permanent" or "persistent". For example, the login status can be stored if users visit them after several days. Likewise, the interests of users can be stored in such a cookie, which is used for range measurement or marketing purposes. Third-party cookies are cookies from providers other than the responsible party that operates the online offer (otherwise, if they are only the latter's cookies, they are referred to as first-party cookies).
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
11. deletion of data
11.1 The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 DSGVO. Unless expressly stated within the scope of this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. I.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.
11.3 In accordance with legal requirements, storage is carried out in particular for 7 years in accordance with § 132 para. 1 BAO (accounting records, vouchers/invoices, accounts, receipts, business papers, statement of income and expenditure, etc.), for 22 years in connection with real property and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
12. order processing in the online shop and customer account
12.1 We process the data of our customers in the context of the ordering processes in our online shop in order to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.
12.2 The processed data includes inventory data, communication data, contract data, payment data and the data subjects are our customers, interested parties and other business partners. The processing is carried out for the purpose of providing contractual services within the framework of the operation of an online shop, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.
12.3 The processing is based on Art. 6 para. 1 lit. b (execution of order transactions) and c (legally required archiving) DSGVO. In this context, the information marked as required is necessary for the justification and fulfilment of the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of legal permissions and obligations towards legal advisors and authorities. The data is only processed in third countries if this is necessary for the fulfilment of the contract (e.g. at the customer's request for delivery or payment).
12.4 Users can optionally create a user account, in which they can view their orders in particular. Within the scope of the registration, the required mandatory information will be provided to the users. The user accounts are not public and cannot be indexed by search engines. If users have cancelled their user account, their data with regard to the user account will be deleted, subject to their retention being necessary for reasons of commercial or tax law in accordance with Art. 6 Para. 1 lit. c DSGVO. Information in the customer account shall remain until its deletion with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to save their data in the event of termination before the end of the contract.
12.5 Within the scope of registration and renewed logins as well as the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as those of the users in protection against misuse and other unauthorised use. This data is not passed on to third parties, unless it is necessary for the pursuit of our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DSGVO.
12.6 Deletion shall take place after the expiry of statutory warranty and comparable obligations, the necessity of storing the data shall be reviewed every three years; in the case of statutory archiving obligations, deletion shall take place after their expiry (end of commercial law (6 years) and tax law (10 years) storage obligation); information in the customer account shall remain until it is deleted.
13. contacting and customer service
13.1 When contacting us (via contact form or e-mail), the user's details are processed for the purpose of handling the contact request and its processing pursuant to Art. 6 (1) lit. b) DSGVO.
13.2 Users' details may be stored in our Customer Relationship Management System ("CRM System") or comparable enquiry organisation.
13.3 We delete the enquiries if they are no longer necessary. We review the necessity every two years; we store enquiries from customers who have a customer account permanently and refer to the information on the customer account for deletion. Furthermore, the statutory archiving obligations apply.
14. collection of access data and log files
14.1 We collect data about every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. DSGVO, we collect data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
14.2 Log file information is stored for security reasons (e.g. to clarify acts of abuse or fraud) for a maximum of seven days and then deleted. Data whose further storage is required for evidentiary purposes is exempt from deletion until the respective incident has been finally clarified.
15. online presence in social media
15.1 We maintain online presences within social networks and platforms on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. DSGVO, we maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services there. When calling up the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
16 Google Analytics
16.2 Google is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law(https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
16.3 Google will use this information on our behalf to evaluate the use of our online offer by the users, to compile reports on the activities within this online offer and to provide us with further services related to the use of this online offer and the internet. In doing so, pseudonymous user profiles of the users can be created from the processed data.
16.4 We only use Google Analytics with IP anonymisation activated. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
16.5 The IP address transmitted by the user's browser will not be merged with other data from Google. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the online offer to Google as well as the processing of this data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
16.6 You can find out more information about Google's use of data, setting and objection options on Google's websites: https://www.google.com/intl/de/policies/privacy/partners ("Google's use of data when you use our partners' websites or apps"), https://policies.google.com/technologies/ads ("Use of data for advertising purposes"), https://adssettings.google.com/authenticated ("Manage information Google uses to show you ads").
17. Facebook, Custom Audiences and Facebook Marketing Services
17.1 Within our online offer, the so-called "Facebook pixel" of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are a resident of the EU, Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"), is used due to our legitimate interests in the analysis, optimisation and economic operation of our online offer and for these purposes.
17.2 Facebook is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
17.3 With the help of the Facebook pixel, it is possible for Facebook to determine the visitors to our online offer as a target group for the display of advertisements (so-called "Facebook ads"). Accordingly, we use the Facebook pixel to display the Facebook ads placed by us only to those Facebook users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) that we transmit to Facebook (so-called "Custom Audiences"). With the help of the Facebook pixel, we also want to ensure that our Facebook ads correspond to the potential interest of the users and do not have a harassing effect. With the help of the Facebook pixel, we can also track the effectiveness of the Facebook ads for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook ad (so-called "conversion").
17.4 The processing of data by Facebook is carried out within the framework of Facebook's data use policy. Accordingly, general information on the display of Facebook ads, in Facebook's data usage policy: https://www.facebook.com/policy.php. Specific information and details on the Facebook Pixel and how it works can be found in Facebook's help section: https://www.facebook.com/business/help/651294705016616.
17.5 You can object to the collection by the Facebook pixel and use of your data to display Facebook ads. To adjust which types of ads are displayed to you within Facebook, you can go to the page set up by Facebook and follow the instructions there on the settings for usage-based advertising: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.
18. communication by post, e-mail, fax or telephone
18.1 We use remote means of communication, such as mail, telephone or e-mail, for business processing and marketing purposes. In doing so, we process inventory data, address and contact data as well as contract data of customers, participants, interested parties and communication partners.
18.2 The processing is carried out on the basis of Art. 6 para. 1 lit. a, Art. 7 DSGVO, Art. 6 para. 1 lit. f DSGVO in conjunction with legal requirements for promotional communications. Contact is only made with the consent of the contact partners or within the scope of legal permissions and the processed data is deleted as soon as it is no longer required and otherwise with objection/ revocation or lapse of the authorisation bases or legal archiving obligations.
19. integration of services and contents of third parties
19.1 We use content or service offers of third party providers within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO). DSGVO) to integrate content or services offered by third-party providers, such as videos or fonts (hereinafter uniformly referred to as "content"). This always requires that the third-party providers of this content are aware of the IP address of the user, as without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content. We endeavour to only use content whose respective providers only use the IP address to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offer, as well as being linked to such information from other sources.
19.2 The following presentation provides an overview of third-party providers and their content, together with links to their data protection declarations, which contain further information on the processing of data and, in part already mentioned here, options for objection (so-called opt-out)
- If our customers use the payment services of third parties (e.g. PayPal or Sofortüberweisung), the terms and conditions and data protection information of the respective third-party providers apply, which can be accessed within the respective websites or transaction applications.