This data protection declaration informs you about the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the websites, functions and content associated with it, as well as external online presences, such as our social media profiles. (hereinafter collectively referred to as "online offer"). With regard to the terms used, such as "personal data" or their "processing", we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Name/Fa.: GBI Holding AG
Street No.: Am Weichselgarten 11-13
Postcode, City, Country: 91058, Erlangen, Germany
Commercial Register/No.: Fürth: HRB 17166
Board of Directors: R. Nittka (Spokesman) D. Specht, C. Jung, S. Hübner, A. Zerner
Telephone number: 0176/64293915
E-mail address: email@example.com
Name/Fa.: GBI-Projektentwicklung Ges. m.b.H.
Street No.: Absberggasse 29
Postcode, Town, Country:1100, Vienna, Austria
Commercial Register No.: FN 472733 x
Managing directors: K. H. Daurer, R. Nittka
Telephone number: 0176/64293915
E-mail address: firstname.lastname@example.org
Data protection officer:
Name: Sophie Hohmann
E-mail address: email@example.com
Types of data processed:
☒ Inventory data (e.g., names, addresses).
☒ Contact details (e.g., email, phone numbers).
☒ Content data (e.g., text input, photographs, videos).
☒ Contract data (e.g., subject matter of the contract, term).
☒ Payment data (e.g., bank details, payment history).
☒ Usage data (e.g., access times, approx. age, approx. gender).
☒ Meta/communication data (e.g., device information).
Processing of special categories of data (Art. 9(1) DSGVO):
☒ No special categories of data are processed.
Categories of data subjects concerned by the processing:
☒ Customers / Interested parties.
☒ Visitors and users of the online offer.
In the following, we also refer to the persons concerned collectively as "users".
Purpose of the processing:
☒ Provision of the online offer, its contents and functions.
☒ Responding to contact requests and communicating with users.
☒ Marketing, advertising and market research.
1 Relevant legal basis
We ask you to regularly inform yourself about the content of our data protection declaration. We adapt the data protection declaration as soon as the changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.
3. Security measures
3.1 We take appropriate measures in accordance with Art. 32 GDPR, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, appropriate technical and organisational measures to ensure a level of protection appropriate to the risk; the measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access concerning them, input, disclosure, ensuring availability and their separation. We also have procedures in place to ensure the exercise of data subject rights, deletion of data and response to data compromise. Furthermore, we already take the protection of personal data into account during the development and selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 DSGVO).
4. Cooperation with processors and third parties
4.1 If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if a transfer of the data to third parties, such as to payment service providers, is necessary for the fulfilment of the contract 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, web hosts, etc.).
4.2 If we commission third parties with the processing of data on the basis of a so-called "order processing agreement", this is done on the basis of Art. 28 DSGVO.
5. 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 third-party services or disclosing or transferring data to third parties, this is only done if it is done in order to fulfil our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or allow the processing of data in a third country if the special requirements of Art. 44 ff. DSGVO are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").
6. Rights of the data subjects
6.1 You have the right to obtain confirmation as to whether or not data relating to you is being processed and to obtain information about it, as well as further information and a copy of the data in accordance with Article 15 of the GDPR.
6.2 You have the right according to Art. 6.2. you have the right, in accordance with Article 16 of the GDPR, to request that the data concerning you be completed or that the inaccurate data concerning you be corrected.
6.3 In accordance with Article 17 of the GDPR, you have the right to demand that the data in question be deleted without delay or, alternatively, to demand that the processing of the data be restricted in accordance with Article 18 of the GDPR.
6.4 You have the right to demand that the data concerning you that you have provided to us be received in accordance with Article 20 of the GDPR and to demand that it be transferred to other data controllers.
6.5 You also have the right to lodge a complaint with the competent supervisory authority in accordance with Article 77 of the GDPR.
7. Right of withdrawal
You have the right to revoke consent granted in accordance with Art. 7 (3) DSGVO with effect for the future.
8. Right of objection
You may object to the future processing of data concerning you in accordance with Art. 21 DSGVO at any time. The objection can be made in particular against processing for direct marketing purposes.
9. Cookies and the right to object to direct advertising
10. Deletion of data
10.1 The data processed by us will be deleted or its processing restricted in accordance with Articles 17 and 18 DSGVO. Unless expressly stated within the scope of this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. I.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.
10.2 Germany: In accordance with legal requirements, data is retained in particular for 6 years in accordance with § 257 para. 1 HGB (commercial books, inventories, opening balances, annual financial statements, commercial letters, accounting vouchers, etc.) and for 10 years in accordance with § 147 para. 1 AO (books, records, management reports, accounting vouchers, commercial and business letters, documents relevant for taxation, etc.).
10.3 Austria: In accordance with legal requirements, retention takes place in particular for 7 years in accordance with § 132 para. 1 BAO (accounting records, vouchers/invoices, accounts, receipts, business papers, statement of income and expenditure, etc.), for 22 years in connection with real property and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
11. Provision of contractual services
11.1 We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services pursuant to Art. 6 para. 1 lit b. DSGVO. The entries marked as mandatory in online forms are required for the conclusion of the contract.
11.2 Users can optionally create a user account, in which they can view their orders in particular. Within the scope of the registration, the required mandatory information will be provided to the users. The user accounts are not public and cannot be indexed by search engines. If users have cancelled their user account, their data with regard to the user account will be deleted, subject to their retention being necessary for reasons of commercial or tax law in accordance with Art. 6 Para. 1 lit. c DSGVO. It is the responsibility of the users to save their data in the event of termination before the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract.
11.3 We process usage data (e.g. the web pages visited on our online offer, interest in our products) and content data (e.g. entries in the contact form or user profile) for advertising purposes in a user profile, e.g. in order to display product information to users based on the services they have used to date.
11.4 The deletion takes place after the expiry of legal warranty and comparable obligations, the necessity of storing the data is reviewed every three years; in the case of legal archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) storage obligation); information in the customer account remains until its deletion.
12.1 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.
12.2 The user's details may be stored in our customer relationship management system ("CRM system") or comparable enquiry organisation.
12.3 We use the CRM system "Helpdesk", of the provider Help Scout Inc, 131 Tremont St, Boston, MA 02111-1338, USA) on the basis of our legitimate interests (efficient and fast processing of user requests). For this purpose, we have concluded a contract with Help Scout with so-called standard contractual clauses, in which Help Scout undertakes to process user data only in accordance with our instructions and to comply with the EU data protection level. Help Scout is also certified under the Privacy Shield agreement and thereby offers an additional guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000KzX1AAK&status=Active).
12.4 We use the CRM system "Microsoft Dynamics CRM", of the provider Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA) on the basis of our legitimate interests (efficient and fast processing of user requests). For this purpose, we have concluded a contract with Microsoft Corporation with so-called standard contractual clauses, in which Microsoft Corporation undertakes to process user data only in accordance with our instructions and to comply with the EU data protection level. Microsoft Corporation is also certified under the Privacy Shield agreement and thereby offers an additional guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000KzNaAAK&status=Active).
12.5 We delete the requests if they are no longer necessary. We review the necessity every two years; we store enquiries from customers who have a customer account permanently and refer to the customer account details for deletion. In the case of legal archiving obligations, deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligation).
13. Collection of access data and log files
13.1 We collect data about every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. DSGVO, we collect data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
13.2 Log file information is stored for security reasons (e.g. for the clarification of abuse or fraud) for a maximum of seven days and then deleted. Data whose further storage is required for evidentiary purposes is exempt from deletion until the respective incident has been finally clarified.
14. Online presence in social media
14.1 We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services there. When calling up the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
15 Cookies & Reach Measurement
15.1 Cookies are pieces of information that are transmitted from our web server or third party web servers to users' web browsers and stored there for later retrieval. Cookies may be small files or other types of information storage.
15.2 We use "session cookies", which are only stored for the duration of the current visit to our online presence (e.g. in order to be able to store your login status or the shopping cart function and thus enable the use of our online offer at all). A randomly generated unique identification number, a so-called session ID, is stored in a session cookie. In addition, a cookie contains information about its origin and the storage period. These cookies cannot store any other data. Session cookies are deleted when you have finished using our online offer and log out or close the browser, for example.
15.4 If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
16. Google Analytics
16.2 Google is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
16.3 Google will use this information on our behalf for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. In doing so, pseudonymous user profiles of the users can be created from the processed data.
16.4 We use Google Analytics to display the ads placed within advertising services of Google and its partners only to those 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 Google (so-called "Remarketing Audiences" or "Google Analytics Audiences"). With the help of Remarketing Audiences, we also want to ensure that our advertisements correspond to the potential interest of the users and do not have a harassing effect.
16.5 We only use Google Analytics with IP anonymisation activated. This means that the IP address of users is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
16.6 The IP address transmitted by the user's browser will not be merged with other data from Google. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the online offer to Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link: tools.google.com/dlpage/gaoptout.
16.7 You can find out more information about Google's use of data, setting and objection options on Google's websites: www.google.com/intl/de/policies/privacy/partners ("Data use by Google when you use our partners' websites or apps"), policies.google.com/technologies/ads ("Data use for advertising purposes"), adssettings.google.com/authenticated ("Manage information Google uses to show you ads").
17.1 We use the marketing and remarketing services (in short "Google Marketing Services") of Google LLC, 1600 Amphitheatre Park Park, Mountain View, CA 9.0, USA ("Google") 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) the marketing and remarketing services (in short "Google marketing services") of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ("Google").
17.2 Google is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
17.3 Google's marketing services allow us to target advertisements for and on our website in order to present users only with ads that potentially match their interests. If, for example, a user is shown ads for products in which he or she has shown interest on other websites, this is referred to as "remarketing". For these purposes, when our website and other websites on which Google marketing services are active are called up, a code is executed directly by Google and so-called (re)marketing tags (invisible graphics or code, also known as "web beacons") are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user's device (comparable technologies can also be used instead of cookies). The cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. This file records which websites the user has visited, which content he or she is interested in and which offers he or she has clicked on, as well as technical information on the browser and operating system, referring websites, time of visit and other information on the use of the online offer. The IP address of the user is also recorded, whereby we inform Google Analytics that the IP address is shortened within Member States of the European Union or in other contracting states to the Agreement on the European Economic Area and only in exceptional cases is transmitted in full to a Google server in the USA and shortened there. The IP address will not be merged with user data within other Google offerings. The aforementioned information may also be combined by Google with such information from other sources. If the user subsequently visits other websites, he or she may be shown ads tailored to his or her interests.
17.4 The user's data will be processed pseudonymously as part of the Google marketing services. This means that Google does not store and process the name or email address of the user, for example, but processes the relevant data in a cookie-related manner within pseudonymous user profiles. I.e. from Google's perspective, 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 allowed Google to process the data without this pseudonymisation. The information collected by Google marketing services about users is transmitted to Google and stored on Google's servers in the USA.
17.5 The Google marketing services we use include the online advertising programme "Google AdWords". In the case of Google AdWords, each AdWords customer receives a different "conversion cookie". Cookies can therefore not be tracked via the websites of AdWords customers. The information obtained with the help of the cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. The AdWords customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information with which users can be personally identified.
17.6 We may also use the "Google Optimizer" service. Google Optimizer allows us to track the effect of various changes to a website (e.g. changes to the input fields, design, etc.) as part of so-called "A/B testing". For these testing purposes, cookies are placed on the users' devices. Only pseudonymous data of the users will be processed.
17.7 Furthermore, we may use the "Google Tag Manager" to integrate and manage the Google analysis and marketing services on our website.
17.9. If you wish to object to interest-based advertising by Google marketing services, you can use the settings and opt-out options provided by Google: adssettings.google.com/authenticated.
18.1 With the following information, we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the described procedures.
18.2 Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter "newsletter") only with the consent of the recipients or a legal permission. If the contents of the Newsletter are specifically described in the context of a registration, they are decisive for the consent of the users. Apart from that, our newsletters contain information about our products, offers, promotions and our company.
18.3 Double opt-in and logging: Registration for our newsletter takes place in a so-called double opt-in procedure. This means that after registration you will receive an e-mail in which you are asked to confirm your registration. This confirmation is necessary so that no one can register with other email addresses. The registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored with the dispatch service provider are also logged.
18.5 Furthermore, according to its own information, the mailing service provider may use this data in pseudonymous form, i.e. without assigning it to a user, to optimise or improve its own services, e.g. for the technical optimisation of the mailing and the presentation of the newsletter or for statistical purposes 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 to pass it on to third parties.
18.6 Registration data: To register for the newsletter, it is sufficient for you to provide your e-mail address, title and surname so that we can address you personally.
18.7 Performance measurement - The newsletters contain a so-called "web beacon", i.e. a pixel-sized file which is retrieved from the server of the dispatch service provider when the newsletter is opened. Within the scope of this retrieval, technical information, such as information on the browser and your system, as well as your IP address and the time of the retrieval are initially collected. This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behaviour based on their retrieval locations (which can be determined with the help of the IP address) or the access times. Statistical surveys also include determining whether 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. However, it is neither our intention nor that of the dispatch service provider to observe individual users. The analyses serve us much more to recognise the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
18.8 Germany: The newsletter is sent and its success is measured on the basis of the recipients' consent pursuant to Art. 6 Para. 1 lit. a, Art. 7 DSGVO in conjunction with § 7 Para. 2 No. 3 UWG or on the basis of the legal permission pursuant to § 7 Para. 3 UWG.
18.9 Austria: The newsletter is sent and its success is measured on the basis of the recipients' consent pursuant to Art. 6 para. 1 lit. a, Art. 7 DSGVO in conjunction with Art. 107 para. 2 TKG or on the basis of the legal permission pursuant to Art. 107 para. 2 and 3 TKG.
18.10. The logging of the registration process is based on our legitimate interests pursuant to Art. 6 para. 1 lit. f DSGVO and serves as proof of consent to receive the newsletter.
18.11. Cancellation/revocation - You can cancel receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. If users have only subscribed to the newsletter and cancelled this subscription, their personal data will be deleted.
19. Integration of third-party services and content
19.1 We use content or service offers of third party providers within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO). DSGVO) to integrate content or services offered by third-party providers, such as videos or fonts (hereinafter uniformly referred to as "content"). This always requires that the third-party providers of this content are aware of the IP address of the user, as without the IP address they would not be able to send the content to their browser. The IP address is therefore necessary for the display of this content. We endeavour to only use content whose respective providers only use the IP address to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may contain, among other things, technical information on the browser and operating system, referring websites, time of visit and other information on the use of our online offer, as well as being linked to such information from other sources.
19.2 The following presentation provides an overview of third-party providers and their content, together with links to their data protection declarations, which contain further information on the processing of data and, in part already mentioned here, options for objection (so-called opt-out):