This data protection declaration clarifies 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 contents connected with it as well as external online presences, such as our Social Media Profile. (hereinafter jointly referred to as the “online offer”). With regard to the terms used, such as “processing” or “responsible person”, we refer to the definitions in Art. 4 of the Basic Data Protection Regulation (DSGVO).
Responsible: Ing. Robert Gallmayer
Name/Fa..: Rogers Data Ltd
Street No.: Guglgasse 6 3/6/7
Postcode, city, country: 1110 Vienna, Austria
Commercial register no.: 414807k
Managing director/owner: Ing. Robert Gallmayer
Phone number: +43 650 49 49 288
E-mail address: firstname.lastname@example.org
Types of data processed:
– Stock data (e.g., names, addresses).
– Contact data (e.g., e-mail, telephone numbers).
– Content data (e.g., text entries, photographs, videos).
– Contract data (e.g., object of contract, duration, 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 para. 1 DSGVO):
No special categories of data are processed.
Categories of data subjects concerned by the processing:
Visitors and users of the online offer.
In the following, we refer to the data subjects 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: 12 / 2019
1. terms used
1.1 ‘personal data’ means any information relating to an identified or identifiable natural person (hereinafter referred to as ‘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 on-line identifier (e.g. a cookie) or 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 all processing of data.
1.3 “controller” shall mean 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
2.2. relevant legal basis
In accordance with Art. 13 DSGVO, we inform you of the legal basis of our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consents is Art. 6 Para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing for the purpose of fulfilling our services and implementing contractual measures and answering enquiries is Art. 6 Para. 1 lit. b DSGVO, the legal basis for processing for the purpose of fulfilling our legal obligations is Art. 6 Para. 1 lit. c DSGVO, and the legal basis for processing for the purpose of safeguarding 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 require the processing of personal data, Article 6 paragraph 1 lit. d DSGVO serves as the legal basis.
3. amendments 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 changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary for you to cooperate (e.g. to give your consent) or to receive other individual notification.
4. security measures
4.1 In accordance with Art. 32 DSGVO and taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the varying degrees of probability and severity of the risk to the rights and freedoms of natural persons, we shall take appropriate technical and organisational measures to ensure a level of protection commensurate with the risk; these measures shall include in particular the safeguarding of the confidentiality, integrity and availability of data by controlling the physical access to the data, as well as the access, input, transmission, safeguarding of availability and its separation. Furthermore, we have established procedures to ensure that data subjects’ rights are exercised, data is deleted, and we respond to data threats. Furthermore, 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 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), transfer it to them or otherwise grant them access to the data, this is only done on the basis of a legal authorisation (e.g. if a transfer of the data to third parties, such as payment service providers, in accordance with Art. 6 Par. 1 lit. b DSGVO is required for the performance of the 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 perform our contractual obligations, administrative tasks and duties efficiently and effectively).
5.2 If we commission third parties to process 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 using the services of third parties or disclosure or transfer of data to third parties, this will only take place if it is done to fulfil 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 will only process or transfer data to a third country if the special requirements of Art. 44 ff. DSGVO. In other words, 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 data subjects
7.1 You have the right to obtain confirmation as to whether or not data in question is being processed and to obtain information on such data and to obtain further information and a copy of the data in accordance with Art. 15 of the DPA.
7.2 You have accordingly. Art. 16 DPA, you have the right to request the completion of data concerning you or the correction of incorrect data concerning you.
7.3 In accordance with Art. 17 DSGVO, you have the right to demand that data concerning you be deleted immediately, or alternatively, in accordance with Art. 18 DSGVO, to demand a restriction on the processing of the data.
7.4 You have the right to obtain the data concerning you which you have provided us with in accordance with Art. 20 of the DSGVO and to demand that it be passed on to other persons responsible.
7.5 You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 DSGVO.
8. right of withdrawal
You have the right to revoke consents granted in accordance with Art. 7 Para. 3 DSGVO with effect for the future.
9. right of objection
You can object to the future processing of data concerning you at any time in accordance with Art. 21 DSGVO. In particular, you may object to processing for the purposes of direct advertising.
10. cookies and right of objection
10.1 “Cookies” are small files that are stored on the user’s computer. 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 visit within 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 browser. In such a cookie, for example, the contents of a shopping cart in an online shop or a login status can be stored. Cookies are described as “permanent” or “persistent” if they remain stored even after the browser is closed. For example, the login status can be saved if the user visits it after several days. Likewise, the interests of the users can be stored in such a cookie, which are used for range measurement or marketing purposes. Cookies from providers other than the person responsible for operating the online service are referred to as “third party cookies” (otherwise, if they are only the cookies of this person, 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 limitations of this online offer.
11. deletion of data
11.1 The data processed by us will be deleted or restricted in their 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 they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations. 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 is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
11.2. Austria: According to legal requirements, data is stored in particular for 7 J in accordance with § 132 para. 1 BAO (accounting documents, vouchers / invoices, accounts, records, business documents, statement of income and expenditure, 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 in the context of the order procedures in our online shop, in order to enable them to select and order the selected products and services, as well as to enable them to pay for and deliver or execute them.
12.2 The processed data includes inventory data, communication data, contract data, payment data and to the persons concerned our customers, interested parties and other business partners. The processing is carried out for the purpose of providing contractual services in the context of operating an online shop, billing, delivery and customer services. For this purpose, we use session cookies for storing the contents of the shopping cart and permanent cookies for storing the login status.
12.3 The 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 required is required for the establishment and fulfilment of the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of the legal permissions 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. on customer request for delivery or payment).
12.4 Users can optionally create a user account, in particular by viewing their orders. Within the scope of registration, the required mandatory data 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 their safekeeping is necessary for reasons of commercial or tax law in accordance with Art. 6 para. 1 lit. c DSGVO. Data in the customer account shall remain until its deletion with subsequent archiving in case of a legal obligation. It is the responsibility of the users to save their data in case of termination before the end of the contract.
12.5 Within the scope of registration and renewed logins and 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. As a matter of principle, this data is not passed on to third parties unless it is necessary to pursue 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); details in the customer account shall remain until its deletion.
13. business management analyses and market research
13.1 In order to run our business economically, to identify market trends, customer and user wishes, we analyse the data available to us on business transactions, contracts, enquiries, etc. In doing so, we process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 lit. f. DSGVO, whereby the persons concerned include customers, interested parties, business partners, visitors and users of the online offer. The analyses are carried out for the purpose of business management evaluations, marketing and market research. In doing so, we can take into account the profiles of registered users with details, for example, of their purchase transactions. The analyses serve us to increase user-friendliness, to optimise our offer and business efficiency. The analyses serve only us and are not disclosed externally, unless they are anonymous analyses with summarized values.
13.2 If these analyses or profiles are personal, they will be deleted or made anonymous upon termination by the user, otherwise after two years from the conclusion of the contract. In all other respects, the macroeconomic analyses and general tendency determinations are prepared anonymously wherever possible.
14. contact and customer service
14.1 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 in accordance with Art. 6 Para. 1 lit. b) DSGVO.
14.2 The user’s details may be stored in our Customer Relationship Management System (“CRM System”) or comparable enquiry organisation.
14.3 We delete the enquiries if they are no longer required. We review the necessity every two years; we permanently store requests from customers who have a customer account and refer to the information on the customer account for deletion. Furthermore, the statutory archiving obligations apply.
15. collection of access data and log files
15.1 On the basis of our legitimate interests within the meaning of Article 6 paragraph 1 lit. f. DSGVO data about every 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 site), IP address and the requesting provider.
15.2 For security reasons (e.g. to clarify misuse or fraud), log file information is stored for a maximum of seven days and then deleted. Data whose further storage is required for evidential purposes is excluded from deletion until final clarification of the respective incident.
16. online presence in social media
16.1 We maintain on the basis of our legitimate interests within the meaning of Article 6 paragraph 1 lit. f. DSGVO, we maintain online presences within social networks and platforms in order to be able to communicate with customers, interested parties and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
16.2 Unless otherwise stated in our data protection declaration, we process the data of users if they communicate with us within the social networks and platforms, e.g. write articles on our online presences or send us messages.#
17. google analytics
17.2 Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
17.3 Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services associated with the use of this online offer and the use of the Internet. The processed data can be used to create pseudonymous user profiles of the users.
17.4 We only use Google Analytics with activated IP anonymisation. 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 is the full IP address transferred to a Google server in the USA and shortened there.
17.5 The IP address transmitted by the user’s browser will not be merged with other Google data. Users can prevent the storage of cookies by adjusting their browser software accordingly; users can also prevent the collection of data generated by the cookie and related to their use of the online offer to Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
17.6 You can find further information on data use by Google, setting and objection options on the websites of Google: https://www.google.com/intl/de/policies/privacy/partners (“Data use by Google when you use websites or apps of our partners”), https://policies.google.com/technologies/ads (“Data use for advertising purposes”), https://adssettings.google.com/authenticated (“Manage information that Google uses to show you advertising”).
18. facebook, custom audiences and facebook marketing services
18.1 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 located in 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, optimization and economic operation of our online offer and for these purposes.
18.2 Facebook is certified under the Privacy Shield Agreement and thereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
18.3 With the help of the Facebook pixel, on the one hand, Facebook is able to determine the visitors to our online offer as a target group for the presentation of advertisements (so-called “Facebook Ads”). Accordingly, we use the Facebook Pixel in order 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), which 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 appear annoying. With the help of the Facebook Pixel, we can also track the effectiveness of Facebook ads for statistical and market research purposes by seeing whether users are redirected to our website after clicking on a Facebook ad (so-called “conversion”).
18.4 The processing of data by Facebook takes place within the framework of Facebook’s data use policy. Accordingly, general information on the display of Facebook ads, in the Facebook Data Usage Policy: https://www.facebook.com/policy.php. Specific information and details about the Facebook pixel and its functionality can be found in the help section of Facebook: https://www.facebook.com/business/help/651294705016616.
18.5 You may object to the collection by the Facebook Pixel and use of your information to display Facebook Ads. To control the types of ads that are displayed to you within Facebook, you can go to the Facebook-established page and follow the instructions on usage-based advertising settings: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, meaning that they are applied to all devices, such as desktop computers or mobile devices.
19. facebook social plugins
19.1 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) Social Plugins (“Plugins”) of the social network facebook.com, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). The Plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white “f” on blue tile, the terms “Like”, “Like” or a “thumbs up” sign) or are marked with the addition “Facebook Social Plugin”. The list and appearance of the Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
19.2. Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
19.3 If a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user’s device and integrated into the online offer by the user. User profiles can be created from the processed data. We therefore have no influence on the extent of the data that Facebook collects with the help of this plugin and therefore inform the users according to our state of knowledge.
19.4 By integrating the plugins, Facebook receives the information that a user has called up the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his or her Facebook account. If users interact with the plugins, for example, by pressing the Like button or submitting a comment, the corresponding information is transmitted directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to find out his or her IP address and store it. According to Facebook, only an anonymized IP address is stored in Germany.
19.6 If a user is a Facebook member and does not want Facebook to collect data about him/her via this online offer and link it with his/her membership data stored on Facebook, he/she must log out of Facebook before using our online offer and delete his/her cookies. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.
20. communication by post, e-mail, fax or telephone
20.1 We use remote means of communication, such as post, telephone or e-mail, for business and marketing purposes. We process inventory data, address and contact data as well as contract data of customers, participants, interested parties and communication partners.
20.2 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 connection 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 omission of the basis of entitlement or legal archiving obligations.
21. integration of third party services and content
21.1 Within our online offer, we set the following priorities 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 such content are aware of the IP address of the users, as without the IP address they would not be able to send the content to their browsers. The IP address is therefore required to display this content. We make every effort to use only such content whose respective providers use the IP address only 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. 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 on the browser and operating system, referring web pages, visiting time and other details on the use of our online offer, as well as being able to be linked to such information from other sources.
21.2 The following presentation offers an overview of third party providers and their contents, together with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, the possibility to object (so-called opt-out)