PRIVACY POLICY

I am very pleased about your interest in my website. Data protection has a particularly high priority for me. The use of my website is possible without any indication of personal data. However, if a data subject wants to use special services via my website, processing of personal data could become necessary. If processing of personal data is necessary and if there is no legal basis for such processing, I will generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation, and in accordance with the country-specific data protection regulations applicable to me. By means of this data protection declaration, I would like to inform the public about the nature, scope and purpose of the personal data collected, used and processed by me. Furthermore, by means of this data protection declaration, data subjects are informed about the rights to which they are entitled.

As the controller, I have implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always be subject to security vulnerabilities, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to me by alternative means, for example by telephone.

1. Definitions

This data protection declaration is based on the terms used by the European Directive and Ordinance when adopting the General Data Protection Regulation (DS-GVO). This privacy statement is intended to be easily readable and understandable for the public as well as for my customers and business partners. To ensure this, I would like to explain in advance the terminology used.

In this privacy policy, the following terms are used, among others:

a) personal data

Personal data is 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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) Data subject

Data subject means any identified or identifiable natural person whose personal data are processed by the controller.

c) Processing

Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

e) Profiling

Profiling is any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person’s job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.

f) Pseudonymization

Pseudonymization is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separate and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

g) Controller or person responsible for processing.

The controller or data processor is 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. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.

h) Processor

Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller.

i) Recipient

Recipient means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.

j) Third Party

Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.

k) Consent

Consent means any freely given indication of the data subject’s wishes for the specific case in an informed and unambiguous manner, in the form of a statement or other unambiguous affirmative act by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.

2. Name and address of the data controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

Jörg Westerkamp
Johnstrasse 63/22
1150 Wien
Austria
Phone: +43-676-6303909
E-Mail: joerg@mariensee166.at
Website: https://en.mariensee166.at

3. Collection of general data and information

My website collects a series of general data and information with each call of the website by a data subject or an automated system. This general data and information is stored in the log files of the server. The following data may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses my website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on my website, (5) the date and time of an access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on my information technology systems.

When using these general data and information, I do not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the content of my website correctly, (2) to optimize the content of my website and the advertising for it, (3) to ensure the long-term functionality of my information technology systems and the technology of my website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, the anonymously collected data and information is, on the one hand, statistically analyzed by me and, on the other hand, it is evaluated with the aim of increasing the data protection and data security, so that ultimately an optimal level of protection is ensured for the personal data I process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.

4. Routine erasure and blocking of personal data.

The controller processes and stores personal data of the data subject only for the period of time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.

If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Maker or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

5. Rights of the data subject

a) Right to confirmation

Every data subject has the right granted by the European Directive and Regulation to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right to obtain confirmation, he or she may, at any time, contact me.

b) Right of access

Each data subject concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain at any time from the controller, free of charge, information about personal data concerning him or her, and a copy of such information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:

– the purposes of the processing – the categories of personal data processed – the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations – if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration – the existence of a right to rectification or erasure of the personal data concerning them or to restriction of processing by the controller or a right to object to such processing – the existence of a right of appeal to a supervisory authority – if the personal data are not collected from the data subject: Any available information about the origin of the data – The existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject Furthermore, the data subject shall have the right to obtain information about whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer. If a data subject wishes to exercise this right to information, he or she may contact me at any time.

c) Right to rectification

Every data subject affected by the processing of personal data has the right granted by the European Directive and Regulation to demand the immediate rectification of any inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data – also by means of a supplementary declaration – taking into account the purposes of the processing.

If a data subject wishes to exercise this right to rectify, he or she may, at any time, contact me.

d) Right to erasure (right to be forgotten).

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to request from the controller that personal data concerning him or her be erased without delay, where one of the following reasons applies and insofar as the processing is not necessary:

The personal data were collected or otherwise processed for such purposes for which they are no longer necessary. The data subject revokes his or her consent on which the processing was based pursuant to Art. 6(1)(a) DS-GVO or Art. 9(2)(a) DS-GVO and there is no other legal basis for the processing. The data subject objects to the processing pursuant to Article 21(1) DS-GVO and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) DS-GVO. The personal data have been processed unlawfully. The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject. The personal data has been collected in relation to information society services offered pursuant to Article 8 (1) DS-GVO.

If one of the aforementioned reasons applies, and a data subject wishes to arrange for the erasure of personal data stored by me, he or she may, at any time, contact me. I will arrange for the deletion request to be complied with immediately.

If the personal data have been made public by me and I am obligated as a data controller pursuant to Article 17 (1) of the Data Protection Regulation to delete the personal data, I shall implement reasonable measures, including technical measures, taking into account the available technology and the cost of implementation, in order to inform other data controllers which process the published personal data that the data subject has requested from those other data controllers to delete all links to or copies or replications of the personal data, unless the processing is necessary. I will arrange the necessary in individual cases.

e) Right to restriction of processing

Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain from the controller the restriction of processing where one of the following conditions is met:

The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data. The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data. The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise or defense of legal claims. The data subject has objected to the processing pursuant to Article 21 (1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by me, he or she may, at any time, contact me. I will arrange the restriction of the processing.

f) Right to data portability

Any person affected by the processing of personal data has the right, granted by the European Directive and Regulation, to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, when exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to obtain that the personal data be transferred directly from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.

In order to assert the right to data portability, the data subject may contact me at any time.

g) Right to object

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her carried out on the basis of Article 6(1)(e) or (f) of the DS-GVO. This also applies to profiling based on these provisions.

I shall no longer process the personal data in the event of the objection, unless I can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defense of legal claims.

If I process personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to the profiling, insofar as it is related to such direct marketing. If the data subject objects to me to the processing for direct marketing purposes, I will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by me for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation, unless such processing is necessary for the performance of a task carried out in the public interest.

In order to exercise the right to object, the data subject may contact me directly. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise his or her right to object by means of automated procedures using technical specifications.

h) Automated decisions in individual cases, including profiling.

Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject and that law contains suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is made with the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and me, or (2) it is made with the data subject’s explicit consent, I shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include at least the right to object to an intervention, to express his or her point of view and to contest the decision.

If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact me.

i) Right to withdraw consent under data protection law.

Any data subject concerned by the processing of personal data has the right, granted by the European Directives and Regulations, to withdraw his or her consent to the processing of personal data at any time.

If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact me.

6. Privacy policy on the use and application of SlideShare.

The controller has integrated SlideShare components on this website. LinkedIn SlideShare enables as a file hosting service the exchange and archiving of presentations and other documents such as PDF files, videos and webinars. The file hosting service allows users to upload media content in all common formats, and documents can either be made publicly available or marked private.

The operating company of SlideShare is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, USA. For data protection issues outside the USA, LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.

LinkedIn SlideShare provides so-called embed codes for the media content stored there (presentations, PDF files, videos, photos, etc.). Embed codes are program codes that are embedded in Internet pages with the aim of displaying external content on one’s own Internet page. Embed codes make it possible to display content on one’s own website without storing it on one’s own server and thereby possibly violating the reproduction rights of the respective author of the content. A further advantage of using an embed code is that the respective operator of an Internet page does not use its own storage space and its own server is thereby relieved. An embed code can be included at any place of another internet page, so that an external content can also be inserted within the own text. The purpose of using LinkedIn SlideShare is to relieve the load on my server and to avoid copyright infringements when using external content at the same time.

Each time my website is accessed, which is equipped with a SlideShare component (embed codes), this component causes the browser used by them to download corresponding embedded data from SlideShare. As part of this technical procedure, LinkedIn receives knowledge of which specific subpage of my website is visited by the data subject.

If the data subject is logged into SlideShare at the same time, SlideShare recognizes which specific sub-page the data subject is visiting with each call-up of my website by the data subject and for the entire duration of the respective stay on my website. This information is collected by SlideShare and assigned by LinkedIn to the respective SlideShare account of the data subject.

LinkedIn always receives information via the SlideShare component that the data subject has visited my website if the data subject is simultaneously logged into SlideShare at the time of calling up my website; this takes place regardless of whether the data subject clicks on the embedded media data or not. If the data subject does not want this information to be transmitted to LinkedIn, he or she can prevent the transmission by logging out of his or her SlideShare account before accessing my website.

LinkedIn also uses partners such as Quantcast, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua and Lotame, which can set cookies. Such cookies can be rejected at https://www.linkedin.com/legal/cookie-policy. The applicable privacy policy of LinkedIn is available at https://www.linkedin.com/legal/privacy-policy.

7. Legal basis of the processing

Art. 6 I lit. a DS-GVO serves as the legal basis for processing operations in which I obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for a delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about my services. If I am subject to a legal obligation by which a processing of personal data is required, such as for compliance with tax obligations, the processing is based on Article 6 I lit. c DS-GVO. In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if one of my visitors were to be injured and as a result his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect my legitimate interests or those of a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to me in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47 sentence 2 DS-GVO).

8. Legitimate interests in the processing pursued by the controller or a third party.

If the processing of personal data is based on Article 6 I lit. f DS-GVO, my legitimate interest is the conduct of my business for the benefit of the well-being of all those directly involved in it.

9. Duration for which the personal data are stored.

The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiration of the period, the corresponding data will be routinely deleted, provided that they are no longer required for the fulfillment or initiation of the contract.

10. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision.

I inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for the conclusion of a contract that a data subject provides me with personal data that must subsequently be processed by me. For example, the data subject is obliged to provide me with personal data if I conclude a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact me. I will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences of not providing the personal data would be.

11. Existence of automated decision-making

As a responsible person, I do not use automated decision-making or profiling.

This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the External Data Protection Officer Munich, in cooperation with the data protection lawyer Christian Solmecke.