1 LEGAL BASIS
1.1. The EU General Data Protection Regulation, the Data Protection Act 2000 (DSG 2000) and the Data Protection Amendment Act 2018 serve the right to the protection of personal data. We process your data exclusively on the basis of the legal provisions (GDPR, DSG 2018 [Austrian Data Protection Act], TKG 2003 [Austrian Telecommunications Act]).
2 BASICS
2.1. Responsible is AVI Alpenländische Veredelungs-Industrie Gesellschaft m.b.H. (short: AVI), Gustinus-Ambrosi-Straße 1-3, 8074 Raaba-Grambach; datenschutz@evg.com.
2.2. It is particularly important to us to protect and keep safe all personal data that you entrust to us. In this document you will learn more about how we use and process your personal data.
3 PURPOSE, LEGAL BASIS, STORAGE PERIOD AND DATA RECIPIENTS
A) CUSTOMERS/SUPPLIERS:
3.1. We need the collected personal data to make an offer or to fulfil the contract, to offset and assert the contractual claims. In addition, we use your data for customer service purposes and for advertising and marketing purposes, such as obtaining feedback on the services provided, sending information about our products and services electronically and by post, and sending invitations to informational and/or promotional events of AVI.
3.2. The legal bases for processing your personal data are primarily the fulfilment of a contract and a legal obligation.
Concerning the use of data for advertising and marketing purposes, we refer to your and our existing legitimate interest in optimizing our services for you and for future services (recital no. 47 of the GDPR and § 107 TKG [Austrian Telecommunications Act]).
In addition, it is possible that your consent is the legal basis for data usage that go beyond the applications mentioned above. Failure to provide the data can have different consequences.
3.3. We process your personal data (title, first and last name, e-mail address, company, country, address, telephone number, bank details, VAT identification number, commercial register number) as far as necessary for the duration of the entire business relationship (from initiation and processing up to the termination of a contract) as well as in accordance with the statutory storage and documentation obligations, which arise e.g. from the Austrian Business Code (UGB), the Austrian Federal Tax Code (BAO) and, until the end of any legal dispute, ongoing warranty and guarantee periods, product liability, or until the end of your and our legitimate interests.
3.4. In the areas of human resources, administration, law, and IT, we have commissioned EVG Entwicklungs- und Verwertungs-Gesellschaft m.b.H., Gustinus-Ambrosi-Straße 1-3, 8074 Raaba-Grambach, datenschutz@evg.com as a processor, who can access your personal data in the course of their activities if they need the data to fulfil their respective service. EVG has committed itself to us to comply with the applicable data protection regulations. A data processing agreement in accordance with Art. 28 GDPR was concluded.
3.5. Your data will be passed on (only when required) to authorities, courts, insurance companies, lawyers, tax consultants, banks, administrative authorities, debt collection agencies, third-party financiers (e.g. leasing), participating contractual and business partners, and providers.
3.6. We may also pass on your data to service providers (agents, affiliated companies, subcontractors), jurisdictions and/or administrative authorities outside of Austria for the purposes described here. In order to protect the data, the transfer takes place in accordance with appropriate data transfer agreements and other protective measures.
3.7. We send our invitations, newsletters, information about new products, etc. to our customers using “mailchimp” (The Rocket Science Group LLC, Georgia, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, Georgia 30308). Your data will also be passed on to other EU countries. A data processor agreement has been concluded, which ensures the security of your data, compliance with the GDPR, and an appropriate level of data protection.
B) APPLICANTS:
We only process your data (contact details, address, date of birth, data in documents you have sent such as a letter of motivation, curriculum vitae, certificates) for as long as they are needed. These data are required during the application process. If your application was rejected, the data will be stored for 6 months from the date of rejection (§ 15 Para. 1 and § 29 Para. 1 GlBG [Austrian Equal Treatment Act] and § 7k Para.1 in conjunction with Para. 2 Z.1 BEinstG [Austrian Disability Employment Act]). After that they will be deleted. Your contact details will be kept for three years (§ 1486 Z. 5 ABGB [General Civil Code of Austria]).
4 CONTACT FORM
4.1. Your details, including personal data, in our contact form on our website will be sent to us via our own mail server, processed and stored by us in order to process your request. Your input in our contact form means your consent to the processing of these data, as you provide them voluntarily. We cannot process your inquiries without these data.
Your data transmitted to us will be used by us for advertising purposes (customer service and for advertising and marketing purposes such as obtaining feedback on the services provided, for sending information about our products and services electronically and by post and for sending invitations to informational and/or advertising events by AVI) only if you have given your consent to this by clicking on the declaration of consent at the end of the input mask.
4.2. Data processing takes place on the basis of the legal provisions of § 96 (3) TKG (Austrian Telecommunications Act) and Article 6 (1) (a) (consent) GDPR.
5 COOKIES, GOOGLE ANALYTICS
5.1. This website uses Google Analytics, a web analytics service provided by Google LLC (short: Google). The usage takes place on the basis of Art. 6 Para. 1 S. 1 lit. f GDPR. Google Analytics uses so-called “cookies”, text files that are stored on your computer and enable an analysis of your usage of the website. The information generated by the cookie about your usage of the website such as
browser type and version,
operating system used,
referrer URL (the previously visited page),
host name of the accessing computer (IP address),
time of server request,
are usually transferred to a Google server in the USA and stored there. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. We have also added the “anonymizeIP” code to Google Analytics on this website. This guarantees that your IP address is masked so that all data is collected anonymously. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there.
On behalf of the operator of this website, Google will use this information to evaluate your usage of the website to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all the functions of this website to their full extent.
You can also prevent Google from collecting the data generated by the cookie related to your usage of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de. You can also prevent Google Analytics from collecting data by clicking on this link as an alternative to the browser add-on, especially for browsers on mobile devices. An opt-out cookie is set that prevents the future collection of your data when you visit this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again. [Note: Information on integrating the opt-out cookie can be found at: https://developers.google.com/analytics/devguides/collection/gajs/?hl=de#disable].
We continue to use Google Analytics to evaluate data from double-click cookies and AdWords for statistical purposes. If you do not want this, you can deactivate this via the Ads Preferences Manager (http://www.google.com/settings/ads/onweb/?hl=de).
5.2. By using our website, you agree that we set cookies. You can refuse to accept cookies in your browser settings. How this works in detail can be found in the instructions provided by your browser manufacturer. If you decide against certain technical and/or functional cookies, the functionality of our website may be restricted. Some cookies remain stored on your end device until you delete them.
5.3. We have concluded a corresponding contract for commissioned data processing with the provider of the web analysis service. He has committed to us to comply with the applicable data protection regulations (© Dr Martin Schirmbacher, HÄRTING Rechtsanwälte, specialist lawyer for IT law: https://www.121watt.de/onlinemarketing/google-analytics-datenschutz-konformant/).
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6 CONSENT AND RIGHT TO REVOCATION
6.1. If we require your consent to process your data, we will only process it after your express consent.
6.2. In principle, we do not process any data of minors and are not authorized to do so. By submitting your consent, you confirm that you have reached the age of 14 or that you have the consent of your legal representative.
6.3. You can revoke your consent at any time at the following e-mail address: office@avi.at. In such a case, the data previously stored about you will be anonymised and subsequently only used for statistical purposes without personal reference. The revocation of the consent does not affect the lawfulness of the processing carried out based on the consent up to the point of revocation.
7 DATA SECURITY
7.1 AVI uses technical and organisational security measures to protect the stored personal data against accidental or intentional manipulation, loss or destruction and against access by unauthorised persons. Our security measures are continuously improved in line with technical progress.
8 YOUR RIGHTS
8.1. You have the right to information from the person responsible at AVI at any time about the personal data concerned; see section 2 for contact details. If there is no statutory retention requirement, you have the right to have this data deleted and to object to its processing. You also have the right to correct the data and restrict processing, to data transferability and to lodge a complaint with the Austrian data protection authority (Wickenburggasse 8-10, 1080 Wien, E-Mail: dsb@dsb.gv.at).
8.2. Regarding your rights, please contact us at datenschutz@evg.com or write to:
AVI Alpenländische Veredelungs-Industrie Gesellschaft m.b.H.
Gustinus-Ambrosi-Straße 1-3
8074 Raaba-Grambach