Privacy
Privacy Policy
This privacy policy explains the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and associated websites, functions and contents, as well as external online presences, such as our social media profile (hereinafter jointly referred to as "online offer"). We refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR) with regard to the terms used, such as "processing" or "data controller".
Data controller
Markt Bad Birnbach
Neuer Marktplatz 1
84364 Bad Birnbach
Germany
E-mail address:leitung@badbirnbach.net
Link to site notice: https://www.badbirnbach.de/impressum
Contact Data Protection Officer: Hans Ruderer (hans.ruderer@rottal-inn.de)
Markt Bad Birnbach is a public corporation. It is represented by the first mayor Josef Hasenberger.
Types of data processed:
- Inventory data (for example, names, addresses).
- Contact data (e.g., e-mail address, phone numbers).
- Content data (e.g. text input, photographs, videos).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta/communication data (e.g. device information, IP addresses).
Categories of data subjects
Visitors and users of the online offer (hereinafter, data subjects are also referred to as "users" by us).
Purpose of processing
- Provision of the online offer, its functions and contents.
- Responding to contact requests and communicating with users.
- Security measures.
- Range measurement/marketing
Terms used
“Personal data” refers to all information relating to an identified or identifiable natural person (hereinafter “data subject”); a natural person is regarded as identifiable, if he/she can be directly or indirectly identified, especially by means of association with an identifier such as a name, with an identification number, with location data, with an online ID (e.g. cookies) or with one or several special features reflecting the physical, physiological, genetic, psychic, economic, cultural or social identity of that natural person.
"Processing" means any operation carried out with or without the aid of automated procedures or any such series of operations in connection with personal data. The term is broad and covers virtually every aspect of dealing with data.
"Pseudonymisation" means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without additional information, provided that this additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or an identifiable natural person.
"Profiling" means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
"Data controller" refers to the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data.
A "processor " is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the data controller.
Relevant legal bases
In accordance with art. 13 of the GDPR, we inform you of the legal bases of our data processing. If the legal basis is not mentioned in the Data Protection Declaration, the following applies: the legal basis for obtaining consent is art. 6 para. 1 lit. a and art. 7 GDPR, the legal basis for processing for the fulfilment of our services and the execution of contractual measures as well as for replying to enquiries is art. 6 para. 1 lit. b GDPR, the legal basis for processing to fulfil our legal obligations is art. 6 para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is art. 6 para. para. 1 lit. f, GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, art. 6 para. 1 d) GDPR applies as the legal basis.
Safety measures
In accordance with art. 32 GDPR, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk, taking into account current technology, implementation costs, the nature, scope, context and purposes of processing and the varying likelihood and severity of the risk to the rights and freedoms of natural persons.
The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transmission, security of availability and separation that relate to it. Furthermore, we have established procedures that guarantee the exercise of data subjects' rights, deletion of data and reaction to data risks. In addition, we take the protection of personal data into account as early as the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly defaults (art. 25 GDPR).
Working together with processors and third parties
If we disclose data to other persons and companies (processors or third parties) within the scope of our processing, transmit the data to them or otherwise grant them access to the data, this shall only take place on the basis of legal permission (e.g. if a transmission of the data to third parties, such as payment service providers, in accordance with art. 6 para. 1 lit. b GDPR is required for contract fulfilment), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties with the processing of data on the basis of a so-called "order processing contract", this is done on the basis of art. 28 GDPR.
Transfers to third-party countries
If we process data in a third-party 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 disclosure or transfer of data to third parties, this only takes place if it occurs for the fulfilment of our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation, or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process the data in a third country or have the data processed in a third country if the particular requirements of art. 44 ff. GDPR are met. This means, for example, processing is carried out on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to the EU (e.g. for the USA by the "Privacy Shield") or compliance with officially recognised special contractual obligations (called "standard contractual clauses").
Rights of the data subject
You have the right to request confirmation as to whether the data concerned is being processed and to request information about this data as well as further information and a copy of the data in accordance with art. 15 GDPR.
According to art. 16 GDPR, you have the right to request the completion of data concerning you or the correction of inaccurate data concerning you.
In accordance with art. 17 GDPR, you have the right to demand that relevant data be deleted immediately or, alternatively, to demand a restriction on the processing of the data in accordance with art. 18 GDPR.
You have the right to request that the data concerning you that you have provided to us be received in accordance with art. 20 GDPR and to request its transmission to other persons responsible.
You also have the right, according to art. 77 GDPR, to lodge a complaint with the competent supervisory authority.
Right of revocation
You have the right to revoke your consent according to art 7. para. 3 GDPR with effect for the future.
Right of objection
You can object to the future processing of the data concerning you in accordance with art. 21 GDPR at any time. The objection may be lodged in particular against processing for direct advertising purposes.
Cookies and right of objection in direct advertising
"Cookies" are small files that are stored on the user's computer. Different data 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/her visit to an online offering. Temporary cookies, "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offering and closes his/her browser. For example, the content of a shopping cart in an online shop or a login status can be stored in a cookie of this nature. Cookies are referred to as "permanent" or "persistent" if they remain saved even after the browser is closed. For example, the login status can be saved if users visit it after several days have passed. Likewise, the interests of users may be stored in a cookie of this nature and used for range measurements or marketing purposes. "Third-party cookies" are cookies that are offered by providers other than the data controller who operates the online offering (otherwise, if the only cookies are run by the data controller, they are referred to as "first-party cookies").
We may use temporary and permanent cookies and clarify this within the framework of our Data Protection Declaration.
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. Cookies already saved can be deleted in the system settings of the browser at any time. Deactivating the use of cookies can restrict some of this site's functionality.
A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US site https://www.aboutads.info/choices/ or the EU site https://www.youronlinechoices.com/. Furthermore, you can deactivate the storage of cookies in the browser settings. Please note that in this case not all functions of this online offer can be used.
Data deletion
The data processed by us will be deleted or its processing restricted in accordance with art. 17 and 18 GDPR. Unless expressly stated in this Privacy Policy, 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 storage obligations. If the data is not deleted because it is necessary for other and legally permissible purposes, the processing of the data will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.
In particular, pursuant to legal requirements in Germany, storage lasts for 10 years pursuant to §§ 147 para. 1 AO, 257 para. 1 no. 1 and 4, para. 4 HGB (German Commercial Code) (books, records, management reports, accounting records, trading books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 no. 2 and 3 para. 4 HGB (commercial letters).
In particular, pursuant to legal requirements in Austria, storage lasts for 7 years in accordance with section 132 para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenditure, etc.), for 22 years in connection with properties 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.
Business processing
Additionally, we process
- Contract data (for example, contract object, term, customer category).
- Payment data (e.g., bank details, payment history)
from our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
Order processing in the online shop and customer account
We process the data of our customers in the context of the order processes in our online shop to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.
The processed data includes inventory data, communication data, contract data, payment data, and the persons affected by the processing include our customers, interested parties and other business partners. The processing takes place for the purpose of providing contractual services in the context of operating an online shop, billing, delivery and customer services. We use session cookies for storing the contents of the shopping cart and permanent cookies for storing the login status.
The processing is carried out on the basis of art. 6 para. 1 lit. b (execution of order processes) and c (legally required archiving) GDPR. The information marked as necessary is required to establish and fulfil the agreement. We disclose the data to third parties only within the framework of delivery, payment or within the framework of legal permits and obligations to legal advisers and authorities. The data will only be processed in third countries if this is necessary for the fulfilment of the contract (e.g. at the customer's request upon delivery or payment).
Users can optionally create a user account, where, in particular, they can view their orders. During the registration process, the required information will be communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data with regard to the user account will be deleted, subject to their retention, for commercial or tax reasons, according to art. 6 para. 1 lit. c GDPR. Data in the customer account remain up to its deletion with subsequent archiving in the case of a legal obligation. It is up to the users to save their data before the end of the contract if they have given notice of termination.
When registering, re-registering and using our online services, we store the IP address and the time of the respective user action. The data is stored on the basis of our legitimate interests as well as the user's protection against misuse and other unauthorised use. A transfer of this data to third parties does not take place, unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with the law according to art. 6 para. 1 lit. c GDPR.
Deletion takes place after the expiration of statutory warranty and comparable obligations, the necessity of the storage of the data is checked every three years; in the case of statutory archiving obligations deletion takes place after their expiration (end of commercial law (6 years) and tax law (10 years) storage obligation)
Agency services
We process our customers' data as part of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development/ consulting or maintenance, implementation of campaigns and processes/handling, server administration, data analysis/consulting services and training services.
We process inventory data (e.g.,
customer master data, such as names or addresses), contact data (e.g., email, telephone numbers), content data (e.g., text entries, photographs, videos), contract data (e.g., subject matter of the contract, term), payment data (e.g., bank details, payment history), usage and metadata (e.g. as part of the evaluation and performance measurement of marketing measures). We do not process special categories of personal data unless these are part of commissioned processing. This includes our customers, prospects, their customers, users, website visitors or employees, as well as third parties. The purpose of the processing is to provide contractual services, billing and our customer service. The legal basis of the processing results from art. 6 para. 1 lit. b GDPR (contractual services), art. 6 para. 1 lit. f GDPR (analysis, statistics, optimisation, safety measures). We process data which is necessary to justify and fulfil the contractual services and point out the necessity of their disclosure. Disclosure to external parties only takes place if it is necessary within the framework of an order. When processing the data provided to us within the framework of an order, we act in accordance with the instructions of the client, as well as with the legal requirements of order processing pursuant to art. 28 GDPR and process the data for no other purpose than the order.
We delete the data after expiry of legal warranty and comparable obligations. The necessity of keeping the data is checked every three years; in the case of legal archiving obligations, the deletion takes place after its expiry (6 years in accordance with § 257 para. 1 HGB, 10 years in accordance with § 147 para. 1 AO). In the case of data disclosed to us within the scope of an order by the customer, we delete the data in accordance with the specifications of the order, generally after the end of the order.
Brokerage services
We process the data of our customers, clients and interested parties (uniformly referred to as "customers") in accordance with art. 6 para. 1 lit. b. GDPR to provide our contractual or pre-contractual services to them. The data processed here, the type, scope and purpose and the necessity of its processing, are determined by the underlying contract. This basically includes the portfolio and master data of the customers (name, address, etc.), as well as the contact data (e-mail address, telephone, etc.), the contract data (content of the order, premiums, terms, information on the brokered companies/insurers/benefits) and payment data (commissions, payment history, etc.). Furthermore, we can process the information on the characteristics and circumstances of persons or items belonging to them if this is part of the subject of our order. These can be, for example, information on personal living conditions, mobile or immovable property.
Within the scope of our assignment, it may also be necessary for us to collect special categories of data in accordance with. art. 9 para. 1 GDPR, in particular information on a person's health. For this purpose, we will, if necessary, and in accordance with art. 6 para. 1 lit a, art. 7, art. 9 para. 2 lit. a GDPR, seek the express consent of the customer.
To the extent required by law or for the fulfilment of the contract, we disclose or transmit the customer's data to providers of the brokered services/properties, insurers, re-insurers, broker pools, technical service providers, other service providers, such as cooperating associations, as well as financial service providers, credit institutions and investment companies, social insurance carriers, tax authorities, tax consultants, legal advisers, auditors, insurance ombudsmen and the Federal Financial Supervisory Authority (BaFin) within the scope of coverage requests, conclusion and processing of contracts. Furthermore, we can commission subcontractors, such as sub-brokers. We obtain the customer's consent if this is required for disclosure/transmission (e.g. in the case of special categories of data in accordance with art. 9 GDPR).
The data will be deleted after the expiry of statutory warranty and comparable obligations, whereby the necessity of storing the data is checked every three years; in all other respects, the statutory storage obligations apply.
In the case of statutory archiving obligations, deletion shall take place after their expiry. According to German law in the insurance and financial sector in particular, consulting protocols for 5 years, brokerage notes for 7 years and broker contracts for 5 years as well as generally 6 years for documents relevant under commercial law and 10 years for documents relevant under tax law are required to be kept.
Health care services
We process the data of our patients and interested parties and other clients or contractual partners (uniformly referred to as "patients") in accordance with art. 6 para. 1 lit. b GDPR to provide our contractual or pre-contractual services to them. The data processed here, the type, scope and purpose and the necessity of its processing, are determined by the underlying contractual relationship. The processed data generally includes patient inventory and master data (e.g., name, address, etc.), contact data (e.g., e-mail address, telephone, etc.), contract data (e.g., services used, products purchased, costs, names of contact persons) and payment data (e.g., bank details, payment history, etc.).
Within the scope of our services, we may also collect special categories of data in accordance with. art. 9 para. 1 GDPR, in particular, information on the health of patients, possibly with reference to their sexual life or sexual orientation. For this purpose, we will, if necessary, and in accordance with art. 6 para. 1 (a), art. 7, art. 9 para. 2 lit. a GDPR seek express agreement from the patients and process the special categories of data for health care purposes on the basis of art. 9 para. 2 lit h. GDPR, § 22 para. 1 Nr. 1 b. FDPA.
If necessary for the fulfilment of the contract or required by law, we disclose or transfer the data of the patients in the context of communication with medical specialists, third parties involved in the fulfilment of the contract, such as laboratories, accounting offices or comparable service providers, if this is necessary or typical for the provision of our services in accordance with art. 6 para. 1 lit b. GDPR, legally according to art. 6 para. 1 lit c. GDPR, to serve our interests or those of patients in efficient and cost-effective health care as a legitimate interest according to art. 6 para. 1 lit f. GDPR or according to art. 6 para. 1 lit d. GDPR if it is necessary to protect the vital interests of the patient or another natural person or within the scope of a consent according to art. 6 para. 1 lit. a and art. 7 GDPR.
The data will be deleted if the data is no longer required
for the fulfilment of contractual or statutory duties of care or for the handling of any warranty or comparable obligations, whereby the necessity of storing the data is checked every three years; in all other respects, the statutory storage obligations apply.
Therapeutic services and coaching
We process the data of our clients and interested parties and other clients or contractual partners (uniformly referred to as "clients") in accordance with art. 6 para. 1 lit. b GDPR to provide our contractual or pre-contractual services to them. The data processed here, the type, scope and purpose and the necessity of its processing, are determined by the underlying contractual relationship. The processed data generally includes client inventory and master data (e.g., name, address, etc.), contact data (e.g., e-mail address, telephone, etc.), contract data (e.g., services used, products purchased, costs, names of contact persons) and payment data (e.g., bank details, payment history, etc.).
Within the scope of our services, we may also collect special categories of data in accordance with art. 9 para. 1 GDPR, in particular, information on the health of clients, possibly with reference to their sexual life or sexual orientation, ethnic origin or religious or ideological convictions. For this purpose, we will, if necessary, and in accordance with art. 6 para. 1 (a), art. 7, art. 9 para. 2 lit. a GDPR seek express agreement from the clients and process the special categories of data for health care purposes on the basis of art. 9 para. 2 lit h. GDPR, § 22 para. 1 Nr. 1 b. FDPA.
If necessary for the fulfilment of the contract or required by law, we disclose or transfer the data of the clients in the context of communication with specialists, third parties involved in the fulfilment of the contract, such as accounting offices or comparable service providers, if this is necessary or typical for the provision of our services in accordance with art. 6 para. 1 lit b. GDPR, legally according to art. 6 para. 1 lit c. GDPR, to serve our interests or those of clients in efficient and cost-effective health care as a legitimate interest according to art. 6 para. 1 lit f. GDPR or according to art. 6 para. 1 lit d. GDPR if it is necessary to protect the vital interests of the client or another natural person or within the scope of a consent according to art. 6 para. 1 lit. a and art. 7 GDPR.
The data will be deleted if the data is no longer required for the fulfilment of contractual or statutory duties of care or for the handling of any warranty or comparable obligations, whereby the necessity of storing the data is checked every three years; in all other respects, the statutory storage obligations apply.
Contractual services
We process the data of our contractual partners and interested parties as well as other principals, customers, clients, patrons or contractual partners (uniformly referred to as "contractual partners") in accordance with art. 6 para. 1 lit. b. GDPR to provide our contractual or pre-contractual services to them. The data processed here, the type, scope and purpose and the necessity of its processing, are determined by the underlying contractual relationship.
The data processed includes the master data of our contractual partners (e.g. names and addresses), contact data (e.g. email addresses and telephone numbers) as well as contract data (e.g. services used, contract contents, contractual communication, names of contact persons) and payment data (e.g. bank details, payment history).
We do not process special categories of personal data unless they are part of commissioned or contractual processing.
We process data which is necessary to justify and fulfil the contractual services and point out the necessity of its disclosure, unless this is evident for the contractual partners. It is only disclosed to external persons or companies if it is required within the framework of a contract. When processing the data provided to us within the framework of an order, we act in accordance with the instructions of the client as well as with the legal requirements.
When our online services are used, we may store the IP address and the time of the user action in question. The data is stored on the basis of our legitimate interests as well as the user's interests regarding protection against misuse and other unauthorised use. In principle, this data is not passed on to third parties unless it is necessary for the pursuit of our claims according to art. 6 para. 1 lit. f. GDPR there is a legal obligation to do so in accordance with the GDPR pursuant to art. 6 para. 1 lit. c GDPR.
The data will be deleted if the data is no longer required for the fulfilment of contractual or statutory duties of care or for the handling of any warranty or comparable obligations, whereby the necessity of storing the data is checked every three years; in all other respects, the statutory storage obligations apply.
External payment service providers
We use external payment service providers through whose platforms users and we can carry out payment transactions (Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full), PayOne (https://www.payone.com/datenschutz/), ConCardis (https://www.concardis.com/datenschutzerklaerung), Klarna (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy), Giropay (https://www.giropay.de/rechtliches/datenschutz-agb/))
Within the framework of the fulfilment of contracts, we appoint the payment service providers on the basis of art. 6 para. 1 lit. b, GDPR. In addition, we employ external payment service providers on the basis of our legitimate interests in accordance with art. 6 para. 1 lit. f. GDPR to provide our users with effective and secure payment options.
The data processed by the payment service providers includes inventory data such as name and address, bank data such as account numbers or credit card numbers, passwords, TANs and checksums as well as contract, totals and recipient information. This information is required to execute the transactions. However, the data entered will only be processed and stored by the payment service providers. This means that we do not receive any account or credit card related information, but only information regarding payment confirmation or failure. The data may be transferred by the payment service providers to credit agencies. The purpose of this transmission is to verify identity and creditworthiness. For this, we refer to the terms and conditions and data protection information of the payment service providers.
For payment transactions, the terms and conditions and the data protection information of the respective payment service providers, which can be accessed within the respective websites or transaction applications, apply. We refer to these also for the purpose of further information and assertion of revocation rights, information and the rights of other interested parties.
Administration, financial accounting, office organisation, contact management
We process data within the framework of administrative tasks as well as the organisation of our company, financial accounting and compliance with legal obligations, e.g. archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The bases of processing are art. 6 para. 1 lit. c. GDPR, art. 6 para. 1 lit. f. GDPR. Customers, prospective customers, business partners and website visitors are affected by the processing. The purpose of and our interest in the processing lies in administration, financial accounting, office organisation, archiving of data, namely, tasks which serve the maintenance of our business activities, performance of our tasks and provision of our services. The deletion of data with regard to contractual services and contractual communication corresponds to the tasks specified in these processing activities.
In this regard, we disclose or transmit data to tax authorities, consultants, such as tax consultants or auditors, as well as other fee offices and payment service providers.
Furthermore, we store information regarding suppliers, event organisers and other business partners on the basis of our business interests, e.g. for the purpose of making contact at a later date. In principle, we store this data, which is mainly company-related, permanently.
Business analyses and market research
In order to operate our business economically, to be able to recognise market tendencies, wishes of the contracting parties and users, we analyse the data available to us of business processes, contracts, enquiries, etc. We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of art. 6 para. 1 lit. f. GDPR, whereby the persons concerned include contractual partners, interested parties, customers, visitors and users of our online offer.
The analyses are carried out for the purpose of business evaluations, marketing and market research. We can include the profiles of registered users with information, e.g. on the services they have used. The analyses help us to increase user-friendliness, the optimisation of our offer and economic efficiency. The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with summarised values.
If these analyses or profiles are personal, they will be deleted or made anonymous upon user termination, otherwise after two years from the conclusion of the contract. For the rest, macroeconomic analyses and general trend determinations are prepared anonymously wherever possible.
Provision of our statutory and business services
We process the data of our members, supporters, interested parties, customers or other persons in accordance with art. 6 para. 1 (b) GDPR, if we offer them contractual services or in the context of an existing business relationship, e.g. with members, or if we ourselves are recipients of services and benefits. In all other respects, we process the data of the persons concerned in accordance with art. 6 para. 1 lit. f. GDPR on the basis of our legitimate interests, e.g. when administrative tasks or public relations work is involved.
The data processed here, the type, scope and purpose and the necessity of its processing, is determined by the underlying contractual relationship. In principle, this includes inventory and master data of the persons (e.g., name, address, etc.), as well as the contact data (e.g., e-mail address, telephone, etc.), the contract data (e.g., services used, contents and information provided, names of contact persons) and if we offer payable services or products, payment data (e.g., bank details, payment history, etc.).
We delete data that is longer required for the provision of our articles of association and business purposes This is determined according to the respective tasks and contractual relationships. In the case of business processing, we store the data for as long as it can be relevant for business transactions, as well as with regard to any warranty or liability obligations. The necessity of data storage is reviewed every three years; in all other respects, the statutory storage obligations apply.
Registration function
Users can create a user account. Within the scope of registration, the required mandatory information will be communicated to users and, on the basis of art. 6 para. 1 lit. b GDPR, processed for the purpose of providing the user account. The processed data includes, in particular, the login information (name, password and an e-mail address). The data entered during registration will be used for the operation of the user account and its purpose.
Users may be notified by e-mail of information relevant to their user account, such as technical changes. If users have cancelled their user account, their data will be deleted with regard to the user account, subject to a statutory retention obligation. It is up to the users to save their data before the end of the contract if they have given notice of termination. We are entitled to irretrievably delete all user data stored during the contract duration.
As part of the use of our registration and login functions, as well as the use of the user account, we store the IP address and the time of the respective user activity. The data is stored on the basis of our legitimate interests as well as the user's protection against misuse and other unauthorised use. A passing on of this data to third parties does not take place in principle, unless it is necessary for the pursuit of our claims or there is a legal obligation in accordance with art. 6 para. 1 lit. c GDPR. The IP addresses are anonymised or deleted after 7 days at the latest.
Approach
When contacting us (e.g. by contact form, email, telephone or via social media), the user's details for the processing of the contact enquiry and its handling are processed according to art. 6 para. 1 lit. b GDPR. User information can be stored in a Customer Relationship Management System ("CRM system") or comparable enquiry organisation system.
We delete the enquiries if they are no longer necessary. We review this necessity every two years; the statutory archiving obligations also apply.
Newsletter
The following is to inform you about our newsletter, its content and procedures regarding registration, distribution and statistical evaluation, as well as your right to appeal. By subscribing to our newsletter, you agree to receive the newsletter and the related procedures for its distribution.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter "newsletters") only with the express consent of the recipient or with legal permission. If registration for the newsletter involves a concrete description of its content, then this description is the basis on which the user agrees to receive the newsletter. In addition, our newsletters contain information about our services and us.
Double opt-in and logging records: subscription to our newsletter takes place using a process known as double opt-in. This means that upon registration, you will receive an email requesting confirmation of the subscription. The confirmation is required to ensure that no one else subscribes using your email address. A record of subscriptions to the newsletter is kept to fulfil the legal requirements for recording the subscription process. The record contains the time of subscription and confirmation as well as the relevant IP address. Any changes to the data registered with MailChimp will also be recorded.
Subscription details: To subscribe to the newsletter, simply enter your e-mail address. Optionally, we ask you to enter a name for the newsletter, so that we can address you personally.
The newsletters are dispatched and their performance measured on the basis of the recipients' consent in accordance with art. 6 para. 1 lit a, art. 7 GDPR in conjunction with art. 7 para. 2 no. 3 UWG (Law against unfair competition) or on the basis of legal permission in accordance with art. 7 para. 3 UWG.
The registration procedure is recorded on the basis of our legitimate interests in accordance with art. 6 para. 1 lit. f GDPR. Our interest lies in the use of a user-friendly and secure newsletter system that serves our business interests as well as users' expectations and also allows us to prove consent.
Cancellation/revocation - You can cancel your subscription to our newsletter at any time, i.e. revoke your consent. You will find an unsubscribe link at the end of each newsletter. We may store the e-mail addresses that have been unsubscribed for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove a previously given consent. The processing of these data is limited to the purpose of a possible defence against claims. An individual request for deletion can be expressed at any time, provided that, at the same time, the existence of prior consent is confirmed.
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The data will be used by feratel media technologies AG, Maria-Theresien-Straße 8, 6020 Innsbruck, FN 72841w Landesgericht Innsbruck.
Webcam (Feratel) - Analysis services ÖWA Zählpixel
Our website/player uses the "Scalable Central Measurement Method" (SZM) of the Austrian Web Analysis (ÖWA) for the determination of statistical parameters for the use of our offers. This includes the collection of anonymous values. The SZM range measurement alternatively uses either a cookie with the identification "oewabox.at" or a signature, which is created from various automatically transmitted information of your computer for the recognition of computer systems. IP addresses are also not stored in the procedure and are only processed in anonymised form.
The method for measuring the reach of websites has been developed in accordance with current data protection and privacy guidelines. The objective of audience measurement is to statistically determine the intensity of use and the number of users of a particular website/player. At no time are individual users identified. No advertising is delivered via the system. The usage statistics collected by the Austrian Web Analysis are published monthly and can be viewed at www.oewa.at.
If you would like to opt out of these analysis services, click the following link to place the ÖWA deactivation cookie in your browser.
Webcam (Feratel) - Analysis Services PIWIK
feratel media technologies AG uses Piwik, a so-called web analysis service. Piwik uses "cookies", which are text files placed on your computer, to help us analyse the use of the website/player. For this purpose, the usage information generated by the cookie (including your shortened IP address) is transmitted to the server of feratel media technologies AG and stored for usage analysis purposes, which serves to optimise the website/player on our part. At the start of this process, your IP address is anonymised, so that you as a user will remain anonymous to us. The information generated by the cookie about your use of this website/player will not be disclosed to third parties. You can refuse the use of cookies by selecting the appropriate settings on your browser; however, it may be the case that if you do so, you may not be able to fully utilise all the features of this website/player.
If you do not agree with the storage and analysis of information about your visit, you can object to storage and use by clicking below at any time. In this case, a so-called "opt-out cookie" will be stored in your browser, which means that Piwik will not collect any session data.
You can then decide here whether an explicit web analytics cookie may be stored on your browser to allow the provider of the website to collect and analyse various statistical data.
Note: If you delete your cookies, this will mean that the opt-out cookie is also deleted and may need to be re-activated by you.
Innsbruck, 03 May 2018
Newsletter - Dispatch service provider
The newsletter is sent by the shipping service provider SC-Networks GmbH, Enzianstr. 2 82319 Starnberg, Germany. The data protection regulations of the shipping service provider can be viewed here: https://www.sc-networks.de/unternehmen/datenschutz/. The mailing service provider is assigned on the basis of our legitimate interests in accordance with art. 6 para. 1 (f) GDPR and an Order Processing Agreement is used in accordance with art. 28 para. 3 p. 1 GDRP.
The mailing service provider may use the data of the recipients in pseudonymous form, i.e without assignment to a user, to optimize or improve their own services, e.g. for the technical optimization of shipping and the presentation of newsletters or for statistical purposes. However, the service does not use the recipient data of our newsletter to approach recipients directly nor do they pass the information on to third parties.
Newsletter - Performance measurement
The newsletters contain a so-called "web-beacon", i.e. a pixel-sized file that is retrieved from the server when opening the newsletter from our server or that of our e-mail delivery service provider. During the download, technical information such as your browser and operating system, as well as your IP address and the time of the download, are collected.
This information is used for technical improvement of the service, as technical data or target group data can be analysed according to their reading behavior, their download locations (identifiable through IP addresses), or download times. Statistical data collection also includes an analysis of when the newsletters are opened and which links are clicked on. Although this information technically allows the tracking of individual newsletter recipients, neither we nor the shipping provider, if involved, are interested in watching the behaviour of individual users. Data analysis is more importantly used to recognise patterns in the reading behaviour of our users, and to adapt contents accordingly or send different content according to the interests of our users.
Hosting
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that we use for the purpose of operating this online offer.
Hereby, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, potential customers and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer according to art. 6 para. 1 lit. f GDPR in conjunction with art. 28 GDPR (fulfilment of order processing agreement).
Collection of access data and log files
We, or our hosting provider, collect data on the basis of our legitimate interests within the meaning of art. 6 para. 1 lit. f GDPR regarding each access to the server on which this service is located (known as server log files). Access data includes the name of the requested website, file, date and time of access, amount of data transferred, report whether the site was successfully retrieved, browser type and version, the user's operating system, the referrer URL (the site visited before coming to our site), the user's IP address, and the requesting internet service provider.
Log file information is stored for a maximum of seven days for security reasons (e.g. to investigate misuse or fraud) and then deleted. Data, the further storage of which is required for evidence purposes, is excluded from deletion until the relevant incident has been ultimately clarified.
Google Analytics
Based on our legitimate interests (i.e. interest in the analysis, optimisation, and economical operation of our online offer within the meaning of art. 6 para. 1 lit. f of the GDPR), we use Google Analytics, a web analysis service from Google LLC ("Google"). Google uses cookies. The information generated by the cookie about the user's use of the website's online offers is generally transmitted to and stored on a Google server in the USA.
Google has become subject to the Privacy Shield agreement, thereby offering a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
On our behalf, Google will use this information to evaluate the use of our online offer by the user, to compile reports on the activities within this online offer and to provide us with other services related to the use of this online offer and the internet. Pseudonymous usage profiles of users may be created from the processed data in this respect.
We use Google Analytics only with activated IP anonymisation. This means that the IP address of the user is truncated by Google within the member states of the European Union or in other countries that are party to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address sent to a Google server in the US and truncated there.
The IP address sent by your browser will not be connected with other data from Google. The user may refuse the use of cookies by selecting the appropriate settings in their browser; the user can also prevent Google from collecting the data generated by the cookie regarding your use of the contents data and the processing of this data by Google by downloading and installing the browser plugin available via the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
Further information on data use by Google, setting and objection options, can be found in Google's data protection policy (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).
Users' personal data will be deleted or made anonymous after 14 months.
Disable Google AnalyticsTarget group formation with Google Analytics
We also use Google Analytics to display advertisements placed by Google and its partners within advertising services only to users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products that are determined by the websites visited) that we transmit to Google (known as "remarketing" or "Google Analytics audiences"). With the help of remarketing audiences, we would also like to ensure that our advertisements correspond to the potential interest of the users.
Google AdWords and conversion measurement
Based on our legitimate interests (i.e. interest in the analysis, optimisation, and economical operation of our online offer within the meaning of art. 6 para. 1 lit. f. GDPR), we use the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ("Google").
Google has become subject to the Privacy Shield agreement, thereby offering a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
We use the online marketing process Google "AdWords" to place ads on the Google Advertising Network (e.g., in search results, videos, on websites, etc.) to show them to users who may find the ads interesting. This allows us to display ads for and within our online offer more specifically in order to only present ads that potentially correspond to the users interests. For example, if a user sees ads for products he has been interested in on other websites, this is referred to as "re-marketing". For these purposes, when the user accesses our and other websites on which Google marketing services are active, Google directly executes a Google code, and (re)marketing tags (invisible graphics or code, also known as "web beacons") are integrated into the website. These store a unique cookie i.e. a small file (or comparable technology) on the user's device. This file keeps a record of which websites the user visited, which contents he is interested in and which offers he has clicked on, as well as technical information about the browser and operating system, referring websites, visiting time and further information about the use of the online offer.
We also receive an individual "conversion cookie". The information collected with the help of cookies is used by Google to generate conversion statistics for us. However, we only see the total number of anonymous users who clicked on our ad and were redirected to a page with a conversion tracking tag. We do not obtain any information that can be used to identify users personally.
User data is processed pseudonymously within the Google advertising network. This means that Google does not store and process the names or email addresses of users, for example, but processes the relevant data cookie-related within pseudonymous user profiles. This means that, from Google's point of view, the ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who this cookie holder is. This does not apply if a user has expressly permitted Google to process the data without this pseudonymisation. The information collected about users is transmitted to Google and stored on Google's servers in the USA.
Further information on data use by Google, setting and objection options, can be found in Google's data protection policy (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).
Online presence in social media
We maintain online presence on social networks and platforms in order to communicate with active customers, interested parties, and users and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.
Unless otherwise stated in our privacy policy, we process the data of users who communicate with us within social networks and platforms, e.g. write articles on our websites or send us messages.
Inclusion of services and content of third parties
Within the framework of our online offering, based on our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offering within the meaning of art. 6 para. 1 lit. f. GDPR), we include content or service offerings of third parties so that we can incorporate their content and services, such as videos or fonts (hereinafter uniformly referred to as "content").
This always presupposes that the third-party providers of this content can see the IP address of users, since without the IP address they would not be able to send the content to the users' browsers. The IP address is, therefore, necessary to display this content. We strive only to use content from providers who use the IP address to deliver content, and for nothing else. Third-party providers may also use "pixel tags" (invisible graphics, also known as "web beacons") for statistical or marketing purposes. "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 include technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offering. It may also be linked to such information from other sources.
Vimeo
We can embed the videos of the Vimeo platform of the provider Vimeo Inc., Attention: Legal Department, 555 West 18th Street New York, New York 10011, USA. Privacy Policy: https://vimeo.com/privacy. We point out that Vimeo may use Google Analytics and refer to the Privacy Policy (https://www.google.com/policies/privacy) and opt-out options for Google Analytics (http://tools.google.com/dlpage/gaoptout?hl=de) or Google's settings for data use for marketing purposes (https://adssettings.google.com/.).
Youtube
We integrate videos from the platform "YouTube" by the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
Google Fonts
We integrate the fonts ("Google Fonts") of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
Google ReCaptcha
We integrate the function for detecting bots, for example, when making entries in online forms, ("ReCaptcha") by the provider: Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
Google Maps
We integrate maps from the service "Google Maps" by the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The processed data may include, in particular, IP addresses and location data of the users, which, however, are not collected without their consent (as a rule within the framework of the settings of their mobile devices). The data may be processed in the USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.