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Data protection

Introduction and overview

We have written this data protection declaration (version 01.08.2021-111793016) to explain to you, in accordance with the provisions of the General Data Protection Regulation (EU) 2016/679 and applicable national laws, which personal data (data for short) we as the person responsible - and that of Processors commissioned by us (e.g. provider) - process, will process in the future and what legal options you have. The terms used are to be understood as gender-neutral.
In short: We provide you with comprehensive information about the data that we process about you.

Data protection declarations usually sound very technical and use legal technical terms. However, this data protection declaration is intended to describe the most important things to you as simply and transparently as possible. As far as transparency is beneficial, technical terms are explained in a reader-friendly manner, links to further information are provided and graphics are used. We are thus informing in clear and simple language that we only process personal data in the context of our business activities if there is a corresponding legal basis. This is certainly not possible if you make as brief, unclear and legal-technical statements as possible, as they are often standard on the Internet when it comes to data protection. I hope you find the following explanations interesting and informative and maybe there is one or the other piece of information that you were not familiar with.
If you still have questions, we would like to ask you to contact the responsible body named below or in the legal notice, to follow the links provided and to look at further information on third-party sites. You can of course also find our contact details in the imprint.

scope of application

This data protection declaration applies to all personal data processed by us in the company and to all personal data processed by companies commissioned by us (contract processors). By personal data we mean information within the meaning of Art. 4 No. 1 GDPR such as the name, email address and postal address of a person. The processing of personal data ensures that we can offer and bill our services and products, be it online or offline. The scope of this data protection declaration includes:

  • all online presences (websites, online shops) that we operate

  • Social media appearances and email communication

  • mobile apps for smartphones and other devices

In short: The data protection declaration applies to all areas in which personal data is processed in a structured manner in the company via the channels mentioned. If we enter into legal relationships with you outside of these channels, we will inform you separately if necessary.

Legal bases

In the following data protection declaration, we provide you with transparent information on the legal principles and regulations, i.e. the legal bases of the General Data Protection Regulation, which enable us to process personal data.
As far as EU law is concerned, we refer to REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016. You can of course access this EU General Data Protection Regulation online at EUR-Lex, the gateway to the EU -Recht, read at https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=celex%3A32016R0679.

We only process your data if at least one of the following conditions applies:

  1. Consent (Article 6 (1) (a) GDPR): You have given us your consent to process data for a specific purpose. An example would be the storage of the data you entered in a contact form.

  2. Contract (Article 6 Paragraph 1 lit.b GDPR): We process your data in order to fulfill a contract or pre-contractual obligations with you. For example, if we conclude a sales contract with you, we need personal information in advance.

  3. Legal obligation (Article 6 Paragraph 1 lit. c GDPR): If we are subject to a legal obligation, we will process your data. For example, we are legally required to keep invoices for bookkeeping. These usually contain personal data.

  4. Legitimate interests (Article 6 Paragraph 1 lit.f GDPR): In the case of legitimate interests that do not restrict your basic rights, we reserve the right to process personal data. For example, we have to process certain data in order to be able to operate our website securely and economically efficiently. This processing is therefore a legitimate interest.

Other conditions such as the taking of recordings in the public interest and the exercise of official authority as well as the protection of vital interests do not usually apply to us. If such a legal basis should be relevant, it will be shown at the appropriate point.

In addition to the EU regulation, national laws also apply:

  • In Austria this is the federal law for the protection of natural persons when processing personal data (data protection law), DSG for short.

  • In Germany, the Federal Data Protection Act, or BDSG for short, applies.

If other regional or national laws apply, we will inform you about them in the following sections.

Contact details of the person responsible

If you have any questions about data protection, you will find the contact details of the responsible person or office below:
ensemble freymut
Waldgasse 17, 1100 Vienna
Email: ensemblefreymut@gmail.com

 

Storage period

The fact that we only store personal data for as long as is absolutely necessary for the provision of our services and products is a general criterion for us. This means that we delete personal data as soon as the reason for the data processing no longer exists. In some cases we are legally obliged to store certain data even after the original purpose no longer exists, for example for accounting purposes.

If you want your data to be deleted or if you revoke your consent to data processing, the data will be deleted as soon as possible and unless there is an obligation to store it.

We will inform you below about the specific duration of the respective data processing, provided we have further information.

Rights according to the General Data Protection Regulation

According to Article 13 GDPR, you have the following rights to ensure that data is processed fairly and transparently:

  • According to Article 15 GDPR, you have the right to information as to whether we are processing your data. If so, you have the right to receive a copy of the data and the following information:  

    • for what purpose we carry out the processing;

    • the categories, i.e. the types of data that are processed;

    • who receives this data and, if the data is transferred to third countries, how security can be guaranteed;

    • how long the data will be stored;

    • the existence of the right to correction, deletion or restriction of processing and the right to object to processing;

    • that you can complain to a supervisory authority (links to these authorities can be found below);

    • the origin of the data, if we have not collected it from you;

    • whether profiling is carried out, i.e. whether data is automatically evaluated in order to arrive at a personal profile of you.

  • According to Article 16 GDPR, you have the right to correct your data, which means that we have to correct the data if you find errors.

  • According to Article 17 GDPR, you have the right to deletion ("right to be forgotten"), which specifically means that you can request the deletion of your data.

  • According to Article 18 GDPR, you have the right to restriction of processing, which means that we are only allowed to save the data but no longer use it.

  • According to Article 19 GDPR, you have the right to data portability, which means that we will provide you with your data in a common format on request.

  • According to Article 21 GDPR, you have a right of objection, which will result in a change in processing after enforcement.  

    • If the processing of your data is based on Article 6 (1) (e) (public interest, exercise of official authority) or Article 6 (1) (f) (legitimate interest), you can object to the processing. We will then check as soon as possible whether we can legally comply with this contradiction.

    • If data is used to operate direct mail, you can object to this type of data processing at any time. We are then no longer allowed to use your data for direct marketing.

    • If data is used to carry out profiling, you can object to this type of data processing at any time. We are then no longer allowed to use your data for profiling.

  • According to Article 22 GDPR, you may have the right not to be subject to a decision based solely on automated processing (e.g. profiling).

In short: you have rights - do not hesitate to contact the person in charge listed above!

If you believe that the processing of your data violates data protection law or your data protection claims have been violated in any other way, you can complain to the supervisory authority. This is the data protection authority for Austria, whose website you can find at https://www.dsb.gv.at/. In Germany there is a data protection officer for each federal state. For more information, you can contact the Federal Commissioner for Data Protection and Freedom of Information (BfDI). The following local data protection authority is responsible for our company:

Austria data protection authority

Head: Mag. Dr. Andrea Jelinek
Address: Barichgasse 40-42, 1030 Vienna
Telephone number: +43 1 52 152-0
Email address: dsb@dsb.gv.at
Website: https://www.dsb.gv.at/
 

Web hosting

Web hosting summary
👥 Affected: visitors to the website
🤝 Purpose: professional hosting of the website and security of operation
📓 Processed data: IP address, time of website visit, browser used and other data. You can find more details below or from the web hosting provider used.
📅 Storage period: depending on the respective provider, but usually 2 weeks
⚖️ Legal basis: Article 6 (1) (f) GDPR (legitimate interests)

What is web hosting?

When you visit websites these days, certain information - including personal data - is automatically created and stored, including on this website. This data should be processed as sparingly as possible and only with justification. By website we mean the entirety of all websites on a domain, ie everything from the start page (homepage) to the very last subpage (like this one here). By domain we mean example.de or musterbeispiel.com.

When you want to view a website on one screen, you use a program called a web browser. You probably know some web browsers by name: Google Chrome, Microsoft Edge, Mozilla Firefox, and Apple Safari.

This web browser has to connect to another computer where the website's code is stored: the web server. The operation of a web server is a complicated and time-consuming task, which is why this is usually done by professional providers, the providers. These offer web hosting and thus ensure reliable and error-free storage of website data.

When the browser establishes a connection on your computer (desktop, laptop, smartphone) and while data is being transferred to and from the web server, personal data may be processed. On the one hand, your computer stores data; on the other hand, the web server must also store data for a period of time in order to ensure proper operation.

 

Why do we process personal data?

The purposes of data processing are:

  1. Professional hosting of the website and security of operation

  2. to maintain operational and IT security

  3. Anonymous evaluation of the access behavior to improve our offer and, if necessary, to prosecute or prosecute claims

Which data are processed?

Even while you are visiting our website, our web server, that is the computer on which this website is saved, usually automatically saves data such as

  • the complete Internet address (URL) of the website called up (e.g. https://www.beispielwebsite.de/beispielunterseite.html?tid=111793016)

  • Browser and browser version (e.g. Chrome 87)

  • the operating system used (e.g. Windows 10)

  • the address (URL) of the previously visited page (referrer URL) (e.g. https://www.beispielquellsite.de/vondabinichgekommen.html/)

  • the host name and the IP address of the device from which access is made (e.g. COMPUTERNAME and 194.23.43.121)

  • Date and Time

  • in files, the so-called web server log files

How long will data be stored?

As a rule, the above data is stored for two weeks and then automatically deleted. We do not pass on this data, but we cannot rule out that this data will be viewed by the authorities in the event of illegal behavior.

In short: your visit will be logged by our provider (company that runs our website on special computers (servers)), but we will not pass on your data without your consent!

Legal basis

The legality of the processing of personal data in the context of web hosting results from Art. 6 Para. 1 lit. and to be able to trace attacks and claims from them if necessary.

Email Marketing

Email Marketing Summary
👥 Affected: newsletter subscribers
🤝 Purpose: direct marketing via email, notification of systemically relevant events
📓 Processed data: Data entered during registration, but at least the e-mail address. You can find more details about this in the email marketing tool used.
📅 Storage duration: duration of the subscription
⚖️ Legal basis: Art. 6 Para. 1 lit. a GDPR (consent), Art. 6 Para. 1 lit. f GDPR (legitimate interests)

What is Email Marketing?

To keep you up to date, we also use email marketing. If you have agreed to receive our e-mails or newsletters, your data will also be processed and stored. Email marketing is a subset of online marketing. News or general information about a company, product or service is sent via email to a specific group of people who are interested in it.

If you want to participate in our e-mail marketing (usually via newsletter), you usually just have to register with your e-mail address. To do this, fill out an online form and submit it. But it can also happen that we ask you for your title and name so that we can write to you personally.

Basically, the registration for newsletters works with the help of the so-called "double opt-in procedure". After you have registered for our newsletter on our website, you will receive an e-mail via which you confirm the newsletter registration. This ensures that you own the e-mail address and that nobody has registered with a third-party e-mail address. We or a notification tool we use logs every single registration. This is necessary so that we can also prove the legally correct registration process. As a rule, the time of registration, the time of the confirmation of registration and your IP address are saved. In addition, a log is also made when you make changes to your saved data.

Why do we use email marketing?

Of course, we want to stay in contact with you and always present you with the most important news about our company. To do this, we use e-mail marketing - often just referred to as “newsletters” - as an essential part of our online marketing. If you agree to this or if it is legally permitted, we will send you newsletters, system e-mails or other notifications by e-mail. When we use the term “newsletter” in the following text, we mainly mean e-mails that are sent regularly. Of course, we don't want to bother you in any way with our newsletter. That is why we really strive to offer only relevant and interesting content. You can find out more about our company, our services or products. Since we are always improving our offers, you will always find out via our newsletter when there is news or we are currently offering special, lucrative promotions. If we commission a service provider who offers a professional mailing tool for our e-mail marketing, we do this in order to be able to offer you fast and secure newsletters. The purpose of our e-mail marketing is basically to inform you about new offers and also to get closer to our corporate goals.

Which data are processed?

If you become a subscriber to our newsletter through our website, you confirm your membership in an e-mail list by e-mail. In addition to your IP address and email address, your title, name, address and telephone number can also be saved. However, only if you agree to this data storage. The data marked as such are necessary so that you can participate in the service offered. Providing information is voluntary, but failure to provide information will mean that you will not be able to use the service. In addition, information about your device or your preferred content can also be saved on our website. For more information on how data is stored when you visit a website, see the “Automatic data storage” section. We record your declaration of consent so that we can always prove that it complies with our laws.

Duration of the data processing

If you unsubscribe from our e-mail / newsletter distribution list, we may store your address for up to three years on the basis of our legitimate interests so that we can still prove your consent at the time. We are only allowed to process this data if we have to defend ourselves against any claims.

However, if you confirm that you have given us your consent to subscribe to the newsletter, you can submit an individual request for deletion at any time. If you object to your consent permanently, we reserve the right to save your email address in a blacklist. As long as you have voluntarily subscribed to our newsletter, we will of course keep your email address.

Revocation - how can I cancel my subscription?

You can cancel your newsletter subscription at any time. All you have to do is revoke your consent to subscribe to the newsletter. This normally only takes a few seconds or one or two clicks. Most of the time, you will find a link at the end of every email to unsubscribe from the newsletter. If you really can't find the link in the newsletter, please contact us by email and we will cancel your newsletter subscription immediately.

Legal basis

Our newsletter is sent on the basis of your consent (Article 6 (1) (a) GDPR). This means that we are only allowed to send you a newsletter if you have actively registered for it beforehand. If necessary, we can also send you advertising messages on the basis of Section 7 (3) UWG, provided you have become our customer and have not objected to the use of your email address for direct mail.

Information on special e-mail marketing services and how they process personal data can be found - if available - in the following sections.

Audio & video

Audio & Video Privacy Policy Summary
👥 Affected: visitors to the website
🤝 Purpose: to optimize our service
📓 Processed data: Data such as contact details, data on user behavior, information about your device and your IP address can be saved.
More details can be found below in the relevant data protection texts.
📅 Storage period: data are generally stored as long as they are necessary for the purpose of the service
⚖️ Legal basis: Art. 6 Para. 1 lit. a GDPR (consent), Art. 6 Para. 1 lit. f GDPR (legitimate interests)

What are audio and video elements?

We have integrated audio and video elements into our website so that you can, for example, watch videos or listen to music / podcasts directly via our website. The content is provided by service providers. All content is therefore also obtained from the respective servers of the provider.

These are integrated functional elements of platforms such as YouTube, Vimeo or Spotify. The use of these portals is usually free of charge, but paid content can also be published. With the help of these integrated elements, you can listen to or view the respective content on our website.

If you use audio or video elements on our website, your personal data can also be transmitted to the service providers, processed and stored.

Why do we use audio & video elements on our website?

Of course we want to give you the best offer on our website. And we are aware that content is no longer just conveyed in text and static images. Instead of just giving you a link to a video, we offer you audio and video formats directly on our website that are entertaining or informative and ideally even both. This extends our service and makes it easier for you to access interesting content. In addition to our texts and images, we also offer video and / or audio content.

Which data are stored by audio & video elements?

When you visit a page on our website that has an embedded video, for example, your server connects to the server of the service provider. In doing so, your data will also be transferred to the third-party provider and stored there. Some data is collected and stored regardless of whether you have an account with the third party provider or not. This usually includes your IP address, browser type, operating system and other general information about your device. Most providers also collect information about your web activity. This includes the duration of the session, the bounce rate, which button you clicked or via which website you use the service. All of this information is mostly stored via cookies or pixel tags (also known as web beacons). Pseudonymized data is mostly stored in cookies in your browser. You can always find out which data is stored and processed in the data protection declaration of the respective provider.

Duration of the data processing

You can find out exactly how long the data is stored on the third-party provider's servers either further below in the data protection text of the respective tool or in the provider's data protection declaration. In principle, personal data is only processed for as long as is absolutely necessary for the provision of our services or products. This usually also applies to third-party providers. In most cases, you can assume that certain data will be stored on the third-party servers for several years. Data can be stored for different lengths of time, especially in cookies. Some cookies are deleted after you leave the website, others can be stored in your browser for a number of years.

Right of withdrawal

You also have the right and the option to revoke your consent to the use of cookies or third-party providers at any time. This works either via our cookie management tool or via other opt-out functions. For example, you can also prevent data collection by cookies by managing, deactivating or deleting cookies in your browser. The legality of the processing up to the point of revocation remains unaffected.

Since the integrated audio and video functions on our site usually also use cookies, you should also read our general privacy policy on cookies. You can find out more about the handling and storage of your data in the data protection declarations of the respective third party providers.

Legal basis 

If you have consented that your data can be processed and stored using integrated audio and video elements, this consent is the legal basis for data processing (Art. 6 Para. 1 lit. a GDPR). In principle, your data will also be stored and processed on the basis of our legitimate interest (Art. 6 Para. 1 lit. f GDPR) in quick and good communication with you or other customers and business partners. We only use the integrated audio and video elements if you have given your consent.

All texts are copyrighted.

Source: Created with the data protection generator from AdSimple

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