This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the associated websites, functions and content as well as external online presences, such as our social media profile. (hereinafter jointly referred to as “online offer”). With regard to the terms used, such as “processing” or “person responsible”, we refer you to the definitions in Art. 4 of the General Data Protection Regulation (DSGVO).
Name: David Smutny
Street no.: Leo-Gabler-Straße 1/1
Postcode, city, country: 4400 Steyr, AUSTRIA
Owner: David Smutny
E-mail address: email@example.com
Types of data processed:
– Inventory data (e.g., names, addresses).
– Contact data (e.g., e-mail, telephone numbers).
– Content data (e.g., text input, photographs, videos).
– Contract data (e.g., subject matter of contract, duration).
– 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 para. 1 DSGVO):
No special categories of data are processed.
Categories of data subjects involved in the processing:
– Customers, interested parties, visitors and users of the online offer, business partners.
In the following, we will refer to the data subjects collectively as “users”.
Purpose of processing:
– Provision of the online offer, its contents and shop functions.
– Provision of contractual services, service and customer care.
– Answering contact enquiries and communicating with users.
– Marketing, advertising and market research.
– Security measures.
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 particular characteristics which express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
1.2 “Processing” means any operation or set of operations which is carried out with or without the aid of automated processes and involves personal data. The term is broad and covers practically every handling of data.
1.3 A “controller” is a natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
2.applicable legal basis
In accordance with Art. 13 DSGVO we inform you about the legal basis 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 DSGVO, the legal basis for processing in order to fulfil our services and carry out contractual measures as well as answer inquiries is Art. 6 para. 1 lit. b DSGVO, the legal basis for processing in order to fulfil our legal obligations is Art. 6 para. 1 lit. c DSGVO, and the legal basis for processing in order to safeguard our legitimate interests is Art. 6 para. 1 lit. f DSGVO. In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.
3. changes and updates to the data protection declaration
We ask you to inform yourself regularly about the content of our data protection declaration. We will 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 your cooperation (e.g. consent) or other individual notification.
4. security measures
4.1 We shall take appropriate technical and organisational measures in accordance with Art. 32 DSGVO, taking into account the state of the art, the implementation costs and the type, extent, circumstances and purposes of the processing, as well as the different probability of occurrence and severity of the risk to the rights and freedoms of natural persons, to ensure a level of protection appropriate to the risk; these measures shall include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling the physical access to the data, as well as the access to, inputting, passing on, securing the availability and separation of the data relating to them. In addition, we have established procedures to ensure the exercise of data subjects’ rights, the deletion of data and the response to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and 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 Insofar as we disclose data to other persons and companies (processors or third parties) within the framework of our processing, transfer them to them or otherwise grant them access to the data, this shall only take place on the basis of a legal permit (e.g. if the data is transferred to third parties, such as payment service providers, pursuant to Art. 6 Para. 1 lit. b DSGVO), 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, settlement and similar services which 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 “contract 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 is done in the context of the use of third-party services or disclosure or transfer of data to third parties, this will only occur if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the data to be processed in a third country only if the special requirements of Art. 44 ff. DSGVOare met. This means that the processing takes place, for example, 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 (so-called “standard contractual clauses”).
7 Rights of data subjects
7.1 You have the right to request confirmation as to whether the data in question will be processed and to obtain information about such data and further information and a copy of the data in accordance with Art. 15 DSGVO.
7.2 You have informed us accordingly. Art. 16 DSGVO the right to request the completion of the data concerning you or the rectification of the incorrect data concerning you.
7.3 Pursuant to Art. 17 DSGVO, you have the right to demand that the data concerned be deleted immediately or, alternatively, to demand that the processing of the data be restricted in accordance with Art. 18 DSGVO.
7.4 You have the right to demand that the data concerning you which you have provided to us be received in accordance with Art. 20 DSGVO and that it be transferred to other responsible parties.
7.5 Pursuant to Art. 77 DSGVO, you also have the right to file a complaint with the competent supervisory authority.
8 Right of revocation
You have the right to revoke consents granted pursuant to Art. 7 para. 3 DSGVO with effect for the future.
9. right of objection
You may object at any time to the future processing of the data concerning you in accordance with Art. 21 DSGVO. In particular, you may object to the processing of your data for the purposes of direct marketing.
10. cookies and right to object to direct advertising
10.1 “Cookies” are small files that are stored on users’ computers. 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 the user’s visit to an online service. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. The content of a shopping basket in an online shop or a login status, for example, can be stored in such a cookie. Cookies are referred to as “permanent” or “persistent” and remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. The interests of the users who are used for range measurement or marketing purposes can also be stored in such a cookie. Third party cookies” are cookies from providers other than the person responsible for operating the online service (otherwise, if they are only their cookies, this is referred to as “first party cookies”).
10.2 We use temporary and permanent cookies and clarify this in the context of our data protection declaration.
If users do not wish 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 your 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 shall be deleted or their processing restricted in accordance with Art. 17 and 18 DSGVO. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and there are no legal obligations to retain them. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax reasons.
11.2 In accordance with legal requirements, the data shall be stored in particular for 7 years in accordance with § 132 para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, list of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services which are 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 within the framework of the order 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 persons concerned, our customers, interested parties and other business partners. Processing is carried out for the purpose of providing contractual services within the framework of operating an online shop, billing, delivery and customer services. We use session cookies to store the contents of the shopping basket and permanent cookies to store the login status.
12.3 Processing takes place on the basis of Art. 6 Para. 1 lit. b (execution of order processes) and c (legally required archiving) DSGVO. The information marked as necessary is required to substantiate and fulfil the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of the statutory permits and obligations to legal advisors 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).
12.4 Users may optionally create a user account, in particular by viewing their orders. Within the scope of registration, the required mandatory 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 will be deleted with regard to the user account, subject to its retention for commercial or tax reasons pursuant to Art. 6 para. 1 lit. c DSGVO. Data in the customer account shall remain until it is deleted with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to back up their data before the end of the contract in the event of termination.
12.5 Within the scope of registration and renewed registrations as well as 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 the user’s protection against misuse and other unauthorized use. These data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation pursuant to Art. 6 para. 1 lit. c DSGVO.
12.6 The deletion takes place after expiry of legal warranty and comparable obligations, the necessity of data storage is reviewed every three years; in the case of legal archiving obligations, the deletion takes place after their expiry (end of commercial (6 years) and tax (10 years) retention obligation); information in the customer account remain until its deletion.
13. contact and customer service
13.1 When establishing contact with us (via contact form or e-mail), the user’s details are processed for processing the contact request and its processing in accordance with Art. 6 Para. 1 lit. b) DSGVO.
13.2 The user’s details can be stored in our Customer Relationship Management System (“CRM System”) or comparable inquiry organisation.
13.3 We delete the requests if they are no longer necessary. We check the necessity every two years; inquiries from customers who have a customer account are stored permanently and refer to the customer account details for deletion. Furthermore, the statutory archiving obligations apply.
14. collection of access data and log files
14.1 On the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. DSGVO we collect data on 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 a maximum period of seven days for security reasons (e.g. to clarify misuse or fraud) and then deleted. Data, the further storage of which is necessary for evidence purposes, is excluded from deletion until the respective incident has been finally clarified.
15. online presence in social media
15.1 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 communicate with customers, interested parties and users active there and to inform them about our services. When calling up the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
15.2 Unless otherwise stated in our data protection declaration, we process user data insofar as they communicate with us within the social networks and platforms, e.g. compose articles on our online presences or send us messages.
16. Amazon Partner Program
17. communication by post, e-mail, fax or telephone
17.1 We use means of distance communication such as post, telephone or e-mail for business transactions and marketing purposes. We process inventory data, address and contact data as well as contract data of customers, participants, interested parties and communication partners.
17.2 Processing takes place 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 advertising communications. Contact will only be established with the consent of the contact partners or within the scope of the legal permissions, and the processed data will be deleted as soon as they are not required and otherwise with objection/ revocation or the omission of the authorization bases or legal archiving obligations.
18.1 With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures and your rights of objection. By subscribing to our newsletter, you declare your agreement with the receipt and the described procedures.
18.2 Content of the Newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter “Newsletter”) only with the consent of the recipient or legal permission. If the contents of the newsletter are specifically described within the scope of registration, they are decisive for the consent of the user. In addition, our newsletters contain information about our products, offers, promotions, me as a person and our company.
18.3 Double opt-in and logging: The registration to our newsletter takes place in a so-called double opt-in procedure. I.e. after registration you will receive an e-mail in which you will be asked to confirm your registration. This confirmation is necessary so that nobody can register with external e-mail addresses. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time, as well as the IP address. Likewise the changes of your data stored with the dispatch service provider are logged.
18.5 If we use a shipping service provider, the shipping service provider may, according to its own information, use this data in pseudonymous form, i.e. without allocation to a user, to optimise or improve its own services, e.g. for technical optimisation of the dispatch and presentation of the newsletter or for statistical purposes in order to determine from which countries the recipients come. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or pass them on to third parties.
18.6 Registration data: In order to subscribe to the newsletter, it is sufficient for you to provide your e-mail address.
18.7 Performance measurement – The newsletters contain a so-called “web-beacon”, i.e. a file the size of a pixel, which is retrieved from our server when the newsletter is opened or, if we use a dispatch service provider, from its server. Within the scope of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and time of retrieval are first collected. This information is used to technically improve the services on the basis of technical data or target groups and their reading behaviour on the basis of their retrieval locations (which can be determined with the help of the IP address) or access times. The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. It is, however, neither our endeavour nor, if used, that of the dispatch service provider to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our contents to them or to send different contents according to the interests of our users.
18.8 The dispatch of the newsletter and the performance measurement are based on the consent of the recipients according to Art. 6 Para. 1 lit. a, Art. 7 DSGVO in conjunction with § 107 Para. 2 TKG or on the legal permission according to § 107 Para. 2 and 3 TKG.
18.9 The registration procedure is recorded on the basis of our legitimate interests pursuant to Art. 6 Para. 1 lit. f DSGVO and serves as proof of consent to receive the newsletter.
18.10. Recipients of newsletters can cancel the receipt of our newsletter at any time, i.e. revoke their consent. You will find a link to cancel the newsletter at the end of each newsletter. At the same time, your consent to the measurement of your success will expire. A separate revocation of the performance measurement is unfortunately not possible, in which case the entire newsletter subscription must be cancelled. With the cancellation of the newsletter, the personal data are deleted, unless their storage is legally required or justified, in which case their processing is limited only to these exceptional purposes. In particular, we may store the deleted e-mail addresses for up to three years on the basis of our legitimate interests before we delete them for the purpose of sending the newsletter in order to be able to prove that we have previously given our consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual deletion request is possible at any time, provided that the former existence of a consent is confirmed at the same time.
19. integration of third party services and content
19.1 Within the scope of our online offer and 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), we use content or service offers from third parties in order to integrate 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 perceive the IP address of the user, since they would not be able to send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We make every effort to use only those contents whose respective providers only use the IP address to deliver the contents. Third party providers may also use so-called 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 contain, among other things, technical information about the browser and operating system, referring web pages, visit times and other information about the use of our online offering, as well as may be 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 some cases already mentioned here, possibilities for objection (so-called opt-out).