Privacy Policy
We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of UPTON Group GmbH. The use of the Internet pages of UPTON Group GmbH is possible without any indication of personal data. If a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from 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 (GDPR), and in accordance with the country-specific data protection regulations applicable to UPTON Group GmbH. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the data controller, UPTON Group GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
1. Definitions
The data protection declaration of UPTON Group GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter “data subject”); An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier 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 is any identified or identifiable natural person, whose personal data is processed by the data controller responsible for the processing.
c) Processing
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, 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 means the marking of stored personal data with the aim of limiting their processing in the future.
e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
f) Pseudonymisation
Ppseudonymisation means the processing of personal data in such a manner 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 separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or data controller responsible for the processing
Controller or data controller responsible for the processing means 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 nomination may be provided for by 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 another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
j) Third party
Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
k) Consent
Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the data controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
UPTON Group GmbH
St. Johanner Strasse 49a
6370 Kitzbühel
Österreich
Tel.: +43 (0)5356 / 21 701
E-mail: info@upton-properties.com
Website: www.upton-properties.com
3. Cookies
The Internet pages of UPTON Group GmbH use cookies. Cookies are text files that are placed on a computer system via an Internet browser and stored.
Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for that cookie. It consists of a sequence of numbers that can be assigned to specific websites and servers via the web browser in which the cookie was saved. This allows the websites and servers visited to tell the difference between the individual browser of the data subject and other web browsers with different cookies. A specific web browser can be recognized and identified via the unique cookie ID.
Using cookies enables UPTON Group GmbH to offer users of the website more user-friendly services, which would not be possible without setting cookies.
Cookies mean that information and offers on our website can be optimized to suit the user. Cookies enable us, as explained above, to recognize our website’s users. The purpose of this recognition is to make it easier for users to use our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.
The data subject can prevent our website from setting cookies at any time by changing the settings of the web browser, thus permanently preventing the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
4. Capture of general data and information
The UPTON Group GmbH website captures a series of general data and information every time the site is accessed by a data subject or an automated system. This general data and information is stored in the server’s log files. This may include: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites which are accessed via an accessing system on our website, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
The use of this general data and information does not enable UPTON Group GmbH to trace it back to the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, UPTON Group GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Contact possibility via the website
The UPTON Group GmbH website contains, as a result of legal considerations, information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
6. Routine erasure blocking of personal data
The data controller processes and stores the data subject’s personal data only for the period necessary to achieve the purpose of storage, or insofar as this is prescribed by the European legislator or other legislators in laws or regulations to which the controller is subject.
If the purpose of storage is not applicable, or if a storage period prescribed by the European legislator or another legislator that has jurisdiction expires, the personal data will be routinely blocked or erased in accordance with legal regulations.
7. Rights of the data subject
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the data controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the data controller.
b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the data controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
- the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the data controller.
c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to avail himself of this right of rectification, he or she may, at any time, contact any employee of the data controller.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GPDR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by us, he or she may, at any time, contact any employee of the data controller. An employee of UPTON Group GmbH shall promptly ensure that the erasure request is complied with immediately.
Where UPTON Group GmbH has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, UPTON Group GmbH, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The employee of UPTON Group GmbH will arrange the necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- 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 and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification 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 the processing of personal data stored by UPTON Group GmbH, he or she may at any time contact any employee of the data controller. The employee of UPTON Group GmbH will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not 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, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of UPTON Group GmbH.
g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
UPTON Group GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
If UPTON Group GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to UPTON Group GmbH to the processing for direct marketing purposes, UPTON Group GmbH 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 by UPTON Group GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may at any time contact any employee of UPTON Group GmbH or any other employee. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator 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, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on 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 a data controller, or (2) it is based on the data subject’s explicit consent, UPTON Group GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the data controller.
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the data controller.
8. Data protection rules for the implementation and use of Facebook
The data controller has integrated components provided by Facebook on this website. Facebook is a social network.
A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.
Facebook is operated by Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. In the event that the data subject lives outside of the USA or Canada, the controller responsible for the processing of personal data is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
With each call-up to one of the individual pages of this Internet website, which is operated by the data controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/?locale=en_US. As part of this technical process, Facebook receives information about which specific sub-websites on our website are visited by the data subject.
If the data subject is logged in to Facebook at the same time, Facebook identifies which specific sub-websites are visited by the data subject, both each time our website is accessed by the data subject and throughout the duration of the respective stay on our website. This information will be collected by the Facebook component and matched to the data subject’s Facebook account by Facebook. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.
Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.
The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.
9. Data protection rules for the implementation and use of Google Analytics (with anonymization function)
The data controller has integrated Google Analytics components (with anonymization function) on this website. Google Analytics is a web analytics service. Web analytics is the capture, collection, and analysis of data on the behavior of visitors to websites. A web analytics service collects data such as the website from which a data subject accessed the website (known as the referrer), which sub-pages of the website were accessed, or how often and for how long a sub-page was viewed. Web analysis is primarily used to optimize a website and for a cost/benefit analysis of Internet advertising.
The Google Analytics component is operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
The data controller uses the suffix “_gat._anonymizeIp” for web analysis by Google Analytics. The IP address of the data subject’s Internet connection is truncated and anonymized by Google using this suffix when our Internet websites are accessed from a Member State of the European Union or some other signatory state of the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze visitor streams to our Internet site. Google uses the data and information obtained, among other things, to evaluate the use of our Internet site in order to compile online reports for us, showing the activity on our Internet sites, and to provide additional services in connection with the use of our Internet sites.
Google Analytics sets a cookie on the data subject’s IT system. An explanation of what cookies are can be found above. Placing the cookie enables Google to analyze the use of our Internet site. For each visit to the individual pages of this website, operated by the data controller and on which a Google Analytics component is integrated, the web browser on the data subject’s IT system is automatically prompted by the relevant Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google gains knowledge of personal data, such as the IP address of the data subject, which Google will use for purposes such as determining the origin of visitors and clicks and subsequently making commission calculations.
The cookies store personal data such as access time, place from which the site is accessed, and the frequency of visits to our website by the data subject. For each visit to our website, this personal data, including the IP address of the data subject’s web connection, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Under some circumstances, this personal data collected through the technical process may be passed to third parties by Google.
The data subject can prevent our website from setting cookies as described above at any time by changing the settings of the web browser, thus permanently preventing the setting of cookies. This setting in the web browser would also prevent Google from setting a cookie on the data subject’s IT system. Furthermore, cookies that have already been set by Google Analytics can be deleted at any time using a web browser or another software program.
Furthermore, the data subject has the opportunity to object to and prevent the capture of the data generated by Google Analytics based on the use of this website and the processing of this data by Google. To do so, the data subject must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout?hl=en. This browser add-on uses JavaScript to inform Google Analytics that no data and information regarding visits to Internet sites may be sent to Google Analytics. Google considers the installation of the browser add-on to be an objection. If the data subject’s information technology system is later deleted, reformatted, or reinstalled, the data subject must reinstall the browser add-on to deactivate Google Analytics. If the browser add-on is deinstalled or deactivated by the data subject or some other person within the latter’s area of control, it is possible to reinstall or reactivate the browser add-on.
Additional information and Google’s applicable privacy policy are available at https://policies.google.com/privacy?hl=en&gl=en and https://www.google.com/analytics/terms/us.html. Google Analytics is explained in greater detail under this link https://marketingplatform.google.com/intl/en_uk/about/.
10. Data protection rules for the implementation and use of Google AdWords
The data controller has integrated Google AdWords on this website. Google AdWords is a web marketing service that allows advertisers to run adverts in Google search engine results and also on the Google advertising network. Google AdWords allows an advertiser to specify keywords in advance that will only cause an advertisement to be displayed in the Google search engine results when the user uses the search engine to retrieve a search result containing the relevant keywords. In the Google advertising network, the advertisements are distributed between websites on relevant topics using an automatic algorithm and taking into account the previously defined keywords.
Google AdWords is operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
The purpose of Google AdWords is to advertise our website by inserting advertising relevant to the user’s interests on third-party websites and in Google search engine results and by inserting third-party advertisements on our own website.
If a data subject accesses our website via a Google advertisement, Google sets a conversion cookie on the data subject’s IT system. An explanation of what cookies are can be found above. A conversion cookie expires after thirty days and is not intended to identify the data subject. Provided that the conversion cookie has not expired, it traces whether specific sub-pages of our website, such as the shopping cart of an online shop system, have been accessed. The conversion cookie enables both us and Google to trace whether a data subject who accessed our website via an AdWords advertisement generated any turnover, such as by completing or aborting a sale.
The data and information collected through the use of the conversion cookie are used by Google to generate visitor statistics for our website. These visitor statistics are used in turn to enable us to determine the total number of users directed to us via AdWords advertisements and thus the success or failure of the AdWords advertisements in question, and allows us to optimize our AdWords advertisements for the future. Neither our company nor any other Google AdWords advertising customer receives any information from Google that would enable the data subject to be identified.
The conversion cookies store personal data such as the websites visited by the data subject. For each visit to our website, this personal data, including the IP address of the data subject’s web connection, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Under some circumstances, this personal data collected through the technical process may be passed to third parties by Google.
The data subject can prevent our website from setting cookies as described above at any time by changing the settings of the web browser, thus permanently preventing the setting of cookies. This setting in the web browser would also prevent Google from setting a conversion cookie on the data subject’s IT system. Furthermore, cookies that have already been set by Google AdWords can be deleted at any time using a web browser or another software program.
Furthermore, the data subject has the opportunity to object to receiving advertising tailored to their interests by Google. To do this, the data subject must visit https://adssettings.google.com/ on every browser they use and change the relevant settings.
Further information and the relevant privacy policy from Google can be viewed at https://policies.google.com/privacy.
11. Data protection rules for the implementation and use of Instagram
The data controller has integrated components provided by the Instagram service on this website. Instagram is a service that may be qualified as an audiovisual platform, which allows users to share photos and videos, as well as disseminate such data in other social networks.
Instagram is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland.
For each visit to the individual pages of this website, operated by the data controller and on which a Instagram component (Insta button) is integrated, the web browser on the data subject’s IT system is automatically prompted by the relevant Instagram component to download a copy of the corresponding component from Instagram. As part of this technical process, Instagram receives information about which specific sub-websites on our website are visited by the data subject.
If the data subject is logged in to Instagram at the same time, Instagram identifies which specific sub-websites are visited by the data subject, both each time our website is accessed by the data subject and throughout the duration of the respective stay on our website. This information will be collected by the Instagram components and matched to the data subject’s Instagram account by Instagram. If the data subject uses one of the Instagram buttons integrated on our website, the data and information that are consequently transferred are matched to the data subject’s personal Instagram user account and stored and processed by Instagram.
Instagram receives information via the Instagram component that the data subject has visited our website provided that the data subject is logged in at Instagram at the time of the call to our website. This occurs regardless of whether the person clicks on the Instagram button or not. If such a transmission of information to Instagram is not desirable for the data subject, then he or she can prevent this by logging off from their Instagram account before a call-up to our website is made.
Additional information and the applicable Instagram Privacy Policy can be found at help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/ .
12. Data protection rules for the implementation and use of Twitter
The data controller has integrated components provided by Twitter on this website. Twitter is a multilingual, publicly-accessible microblogging service on which users may publish and spread so-called ‘tweets,’ e.g. short messages, which are limited to 280 characters. These short messages are available for everyone, including those who are not logged on to Twitter. The tweets are also displayed to so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Furthermore, Twitter allows you to address a wide audience via hashtags, links or retweets.
The operating project consortium of Twitter is Twitter International Company, One Cumberland Place, Fenian Street Dublin 2, D02 AX07, Ireland.
With each call-up to one of the individual pages of this Internet website, which is operated by the data controller and into which a Twitter component (Twitter button) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Twitter component from Twitter through the Twitter component. Further information to the Twitter buttons may be retrieved under https://about.twitter.com/de/resources/buttons . As part of this technical process, Twitter receives information about which specific sub-websites on our website are visited by the data subject. The purpose of the integration of the Twitter component is a retransmission of the contents of this website to allow our users to introduce this web page to the digital world and increase our visitor numbers.
If the data subject is logged in to Twitter at the same time, Twitter identifies which specific sub-websites are visited by the data subject, both each time our website is accessed by the data subject and throughout the duration of the respective stay on our website. This information will be collected by the Twitter component and matched to the data subject’s Twitter account by Twitter. If the data subject uses one of the Twitter buttons integrated on our website, the data and information that are consequently transferred are matched to the data subject’s personal Twitter user account and stored and processed by Twitter.
Twitter receives information via the Twitter component that the data subject has visited our website provided that the data subject is logged in at Twitter at the time of the call to our website. This occurs regardless of whether the person clicks on the Twitter component or not. If such a transmission of information to Twitter is not desirable for the data subject, then he or she can prevent this by logging off from their Twitter account before a call-up to our website is made.
The applicable data protection provisions of Twitter may be accessed under https://twitter.com/privacy?lang=en.
13. Legal basis for data processing
Art. 6(1)lit. a GDPR serves as the legal basis to our company for processing operations for which we 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 party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1)lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1)lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1)lit. d GDPR.
Finally, processing operations could be based on Article 6(1)lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the above mentioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
14. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1)lit. f GDPR our legitimate interest is to carry out our business in favour of the well-being of all our employees and the shareholders.
15. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
16. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner).
Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded.
Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject 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 the consequences of non-provision of the personal data.
17. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
Developed by the Legal Tech specialists at Willing & Able, who were also responsible for developing an online time recording system, which is well conceived with regard to data protection law. The texts from the privacy statement generator were created and published by Prof. Dr. h.c. Heiko Jonny Maniero and attorney Christian Solmecke.
