Winery Forstreiter GmbH
Hollenburger Kirchengasse 7
3506 Hollengurg / Krems, Austria
Telephone number: +43 (0) 2739/2296
E-mail address: email@example.com
Types of processed data:
– Inventory data
– Contact details
– content data
– contract data
– Payment data
– Usage data
– Meta / communication data
Processing of special categories of data (Article 9 (1) GDPR):
No special categories of data are processed.
Categories of data subjects:
– Customers, prospects, visitors and users of the online offer, business partners.
– Visitors and users of the online offer.
In the following, we also refer to the affected persons as “users”.
Purpose of processing:
– Provision of the online offer, its contents and shop functions.
– Provision of contractual services, service and customer care.
– Answering contact requests and communicating with users.
– Marketing, advertising and security measures.
As of: 11/2018
1. Terms used
1.1. “Personal data” means any information relating to an identified or identifiable natural person (hereinafter the “data subject”); a natural person is considered as identifiable, which can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, to an identification number, to location data, to an online identifier (eg cookie) or to one or more special features, are the expression of the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
1.2. Processing “means any process performed with or without the aid of automated procedures or any such process associated with personal data. The term covers a wide range and covers practically every handling of data.
1.3. ‘Responsible person’ means the natural or legal person, public authority, body or body which, alone or in concert with others, decides on the purposes and means of processing personal data.
2.Substantive legal basis
In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing. Unless the legal basis in the data protection declaration is mentioned, the following applies: The legal basis for obtaining consent is Article 6 (1) lit. a and Art. 7 GDPR, the legal basis for the processing for the performance of our services and the execution of contractual measures as well as the answer to inquiries is Art. 6 para. 1 lit. b DSGVO, the legal basis for processing in order to fulfill our legal obligations is Art. 6 (1) lit. c DSGVO, and the legal basis for processing in order to safeguard our legitimate interests is Article 6 (1) lit. f DSGVO. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO as legal basis.
4. Security measures
4.1. We take appropriate technical measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different likelihood and severity of the risk to the rights and freedoms of natural persons and organizational measures to ensure a level of protection commensurate with the risk; Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as their access, input, disclosure, availability and disconnection. In addition, we have established procedures to ensure the enjoyment of data subject rights, the erasure of data and the response to data compromise. Furthermore, we consider the protection of personal data already in the development, or selection of hardware, software and procedures, according to the principle of data protection by technology design and by privacy-friendly default settings considered (Article 25 GDPR).
4.2. The security measures include in particular the encrypted transmission of data between your browser and our server.
5. Disclosure and transmission of data
5.1. If, in the context of our processing, we disclose data to other persons and companies (processors or third parties), transmit them to them or otherwise grant access to the data, this is done only on the basis of a legal permission (eg if a transmission of the data to third parties, as to payment service providers, in accordance with article 6 paragraph 1 letter b DSGVO is necessary for the fulfillment of the contract), you have consented to a legal obligation or based on our legitimate interests (eg the use of agents, hosting providers, tax, business and legal advisors, customer care, accounting, billing and similar services that allow us to efficiently and effectively fulfill our contractual, administrative and other duties).
5.2. Insofar as we commission third parties to process data on the basis of a so-called “contract processing contract”, this is done on the basis of Art. 28 GDPR.
6. Transfers to third countries
If we process data in a third country (ie outside the European Union (EU) or the European Economic Area (EEA)) or in the context of the use of third party services or disclosure or transmission of data to third parties, this will only be done if it is to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only in the presence of the special requirements of Art. 44 et seq. DSGVO. That the processing is e.g. on the basis of specific guarantees, such as the officially recognized level of data protection (eg for the US through the Privacy Shield) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
7. Rights of the persons concerned
7.1. You have the right to request a confirmation as to whether the data in question is being processed and for information about this data as well as for further information and a copy of the data in accordance with Art. 15 GDPR.
7.2. You have accordingly. Art. 16 DSGVO the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you.
7.3. In accordance with Art. 17 GDPR, they have the right to demand that the relevant data be deleted without delay, or, alternatively, to require a restriction of the processing of data in accordance with Art. 18 GDPR.
7.4. You have the right to demand that the data relating to you, which you have provided to us, be obtained in accordance with Art. 20 GDPR and request their transmission to other responsible persons.
7.5. You have gem. Art. 77 DSGVO the right to file a complaint with the competent supervisory authority.
8. Right of withdrawal
You have the right to consent according to. Art. 7 para. 3 DSGVO with effect for the future.
9. Right to object
You may at any time object to the future processing of your data in accordance with Art. 21 GDPR. The objection may in particular be made against processing for direct marketing purposes.
10. Cookies and right to object to direct mail
10.1. “Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie serves primarily to store the information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online service and closes his browser. In such a cookie, e.g. the contents of a shopping cart are stored in an online shop or a login status.
“Persistent” or “persistent” refers to cookies that remain stored even after the browser has been closed. Thus, e.g. the login status will be saved if users visit it after several days. Likewise, in such a cookie the interests of the users can be stored, which are used for range measurement or marketing purposes. As a third-party cookie, cookies are referred to by providers other than the person responsible for the online offer (otherwise, if only their cookies are called first-party cookies).
11. Deletion of data
11.1. The data processed by us are deleted or limited in their processing in accordance with Articles 17 and 18 GDPR. Unless explicitly stated in this privacy statement, the data stored by us will be deleted as soon as they are no longer necessary for their intended purpose and the deletion does not conflict with any statutory storage requirements. Unless the data is deleted because it is required for other and legally permitted purposes, its processing will be restricted. That the data is blocked and not processed for other purposes. This applies, for example for data that must be kept for commercial or tax reasons.
11.2. Austria: According to legal requirements, the storage takes place in particular for 7 years in accordance with § 132 para 1 BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with land and for 10 years in the case of documents related to electronically supplied services, telecommunications, broadcasting and television services provided to non-EU companies in EU Member States for which the Mini-One-Stop-Shop (MOSS) is used.
12. Order processing in the online shop and customer account
12.1. We process the data of our customers as part of the ordering process in our online shop to allow them to select and order the selected products and services, as well as their payment and delivery, or execution.
12.2. The processed data includes inventory data, communication data, contract data, payment data and the affected persons our customers, prospects and other business partners. Processing is for the purpose of providing contractual services in the context of operating an online shop, billing, delivery and customer service. Here we use session cookies for the storage of the shopping cart contents and permanent cookies for the storage of the login status.
12.3. Processing is based on Art. 6 para. 1 lit. b (execution of order transactions) and c (legally required archiving) DSGVO. The information marked as required for the establishment and fulfillment of the contract is required. We disclose the data to third parties only in the context of extradition, payment or in the context of legal permissions and obligations to legal advisors and authorities. The data will be processed in third countries only if it is necessary for the fulfillment of the contract (for example, at the customer’s request on delivery or payment).
12.4. Users can optionally create a user account, in particular by being able to view their orders. As part of the registration, the required mandatory information will be communicated to the users. The user accounts are not public and can not be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention is for commercial or tax law reasons according to Art. 6 para. 1 lit. c DSGVO necessary. Information in the customer’s account remains until its deletion with subsequent archiving in the case of a legal obligation. It is the responsibility of the users to secure their data upon termination prior to the end of the contract.
12.5. As part of the registration and re-registration and use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is necessary for the prosecution of our claims or there is a legal obligation in accordance with. Art. 6 para. 1 lit. c DSGVO.
12.6. The deletion takes place after expiration of legal warranty and comparable obligations, the necessity of the storage of the data is checked every three years; in the case of legal archiving obligations, the deletion takes place after their expiration (end of commercial law (6 years) and tax law (10 years) retention obligation); Information in the customer account remains until it is deleted.
13. Business analysis and market research
13.1. In order to operate our business economically, to be able to recognize market trends, customer and user requirements, we analyze the data we have on business transactions, contracts, inquiries, etc. We process stock data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 lit. f. DSGVO, whereby the persons affected include customers, prospects, business partners, visitors and users of the online offer. The analyzes are carried out for the purpose of business analysis, marketing and market research. In doing so, we can display the profiles of the registered users with indications e.g. take into account their purchase transactions. The analyzes serve us to increase the user-friendliness, the optimization of our offer and the business economy. The analyzes are for us alone and will not be disclosed externally unless they are anonymous, aggregated value analyzes.
13.2. If these analyzes or profiles are personal, they will be deleted or anonymised upon termination of the users, otherwise after two years from the conclusion of the contract. Incidentally, the overall business analyzes and general trend provisions are created anonymously if possible.
14. Contact and customer service
14.1. When contacting us (via contact form or e-mail), the information provided by the user to process the contact request and its processing acc. Art. 6 para. 1 lit. b) DSGVO processed.
14.2. User information can be stored in our Customer Relationship Management System (“CRM System”) or similar request organization.
14.3. We delete the requests, if they are no longer required. We check the requirement every two years; Inquiries from customers who have a customer account, we store permanently and refer to the deletion on the details of the customer account. Furthermore, the legal archiving obligations apply.
15. Collection of access data and logfiles
15.1. Based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO Data on every access to the server on which this service is located (so-called server log files). The access data includes the name of the retrieved web page, file, date and time of retrieval, amount of data transferred, notification of successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider ,
15.2. Logfile information is stored for security purposes (for example, to investigate abusive or fraudulent activities) for a maximum of seven days and then deleted. Data whose further retention is required for evidential purposes are excluded from the erasure until the final clarification of the incident.
16. Online presence in social media
16.1. Based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO Online presence within social networks and platforms in order to communicate with the active customers, prospects and users and to inform them about our services. When calling the respective networks and platforms, the terms and conditions and the data processing guidelines apply to their respective operators.
18. Google Analytics
18.2 Google is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
18.3 Google will use this information on our behalf to evaluate the use of our online services by users, to compile reports on the activities within this online service and to provide us with other services associated with the use of this online service and the Internet. Pseudonymous user profiles can be created from the processed data.
18.4 We use Google Analytics only with IP anonymization enabled. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to and truncated by Google on servers in the United States.
18.6 Further information on the use of data by Google, setting and objection options can be found on the websites of Google: https://www.google.com/intl/de/policies/privacy/partners (“Use of data by Google for your use of websites or apps of our partners”), https://policies.google.com/technologies/ads (“Use of data for advertising purposes”), https://adssettings.google.com/authenticated (“Manage information that Google uses to show you advertising”).
20. Facebook, Custom Audiences and Facebook Marketing Services
20.1 Due to our legitimate interests in the analysis, optimisation and economic operation of our online service and for these purposes, the so-called “Facebook pixel” of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are resident in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”), is used within our online service.
20.2 Facebook is certified under the Privacy Shield Agreement and thereby provides a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
20.3 With the help of Facebook pixels, Facebook is able on the one hand to determine the visitors of our online offer as the target group for the presentation of ads (so-called “Facebook ads”). Accordingly, we use the Facebook pixel to display the Facebook ads placed by us only to Facebook users who have shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products that are determined on the basis of the websites visited) that we transmit to Facebook (so-called “custom audiences”). Using Facebook pixels, we also want to ensure that our Facebook ads match the potential interest of users and are not annoying. Using Facebook pixels, we can also track the effectiveness of Facebook ads for statistical and market research purposes by seeing if users were referred to our website after clicking on a Facebook ad (known as “conversion”).
20.4 Facebook processes the data in accordance with Facebook’s Data Usage Policy. Accordingly, general information on the presentation of Facebook ads is provided in Facebook’s data usage policy: https://www.facebook.com/policy.php. Specific information and details about Facebook pixels and how they work can be found in the help section of Facebook: https://www.facebook.com/business/help/651294705016616.
20.5 You may opt out of Facebook pixel collection and use of your information to display Facebook Ads. To set what types of ads you see within Facebook, you can go to the page set up by Facebook and follow the instructions on the settings for usage-based ads: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.
21st Facebook Social Plugins
21.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer in the sense of Art. 6 Para. 1 lit. f. of the German Civil Code), we shall use the information contained in this website for our own purposes. DSGVO) Social Plugins (“Plugins”) of the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white “f” on a blue tile, the terms “like”, “like” or a “thumb up” sign) or are marked with the addition “Facebook Social Plugin”. The list and appearance of the Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
21.2 Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
21.3 When a user calls a function of this online service that contains such a plugin, his device establishes a direct connection with Facebook’s servers. The content of the plugin is transmitted directly from Facebook to the user’s device and integrated into the online service by the user. User profiles can be created from the processed data. We therefore have no influence on the extent of the data that Facebook collects with the help of this plugin and therefore inform the user according to our state of knowledge.
21.4 By integrating the plugins, Facebook receives the information that a user has called up the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his Facebook account. When users interact with the plug-ins, for example, by clicking the Like button or posting a comment, the corresponding information is transferred directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to find out his IP address and save it. According to Facebook, only an anonymous IP address is stored in Germany.
21.5 The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as the related rights and setting options to protect the privacy of users can be found in Facebook’s data protection information: https://www.facebook.com/about/privacy/.
21.6 If a user is a Facebook member and does not want Facebook to collect information about him or her via this online service and link it to his or her member data stored on Facebook, he or she must log out of Facebook and delete his or her cookies before using our online service. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US page http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.
27. communication by post, e-mail, fax or telephone
27.1 We use means of distance communication such as post, telephone or e-mail for business transactions and marketing purposes. We process inventory data, address and contact data as well as contract data of customers, participants, interested parties and communication partners.
27.2 Processing takes place on the basis of Art. 6 para. 1 lit. a, Art. 7 DSGVO, Art. 6 para. 1 lit. f DSGVO in conjunction with legal requirements for advertising communications. Contact will only be established with the consent of the contact partners or within the scope of the legal permissions, and the processed data will be deleted as soon as they are not required and otherwise with objection/ revocation or the omission of the authorization bases or legal archiving obligations.
28.1 With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures and your rights of objection. By subscribing to our newsletter, you declare your agreement with the receipt and the described procedures.
28.2 Content of the Newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter “Newsletter”) only with the consent of the recipient or legal permission. If the contents of the newsletter are specifically described within the scope of registration, they are decisive for the consent of the user. In addition, our newsletters contain information on our products, offers, promotions and our company.
28.3 Double opt-in and logging: The registration to our newsletter takes place in a so-called double opt-in procedure. I.e. after registration you will receive an e-mail in which you will be asked to confirm your registration. This confirmation is necessary so that nobody can register with external e-mail addresses. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time, as well as the IP address. Likewise the changes of your data stored with the Versanddienstleister are logged.
28.5 If we use a shipping service provider, the shipping service provider may, according to its own information, use this data in pseudonymous form, i.e. without allocation to a user, to optimise or improve its own services, e.g. for the technical optimisation of the dispatch and presentation of the newsletter or for statistical purposes in order to determine from which countries the recipients come. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or pass them on to third parties.
28.6 Registration data: In order to subscribe to the newsletter, it is sufficient for you to provide your e-mail address. Optionally, we ask you to enter a name in the newsletter in order to address you personally.
28.7 Performance measurement – The newsletters contain a so-called “web beacon”, i.e. a pixel-sized file that is retrieved from our server when the newsletter is opened or, if we use a dispatch service provider, from its server. Within the scope of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and time of retrieval are first collected. This information is used to technically improve the services on the basis of technical data or target groups and their reading behaviour on the basis of their retrieval locations (which can be determined with the help of the IP address) or access times. The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. It is, however, neither our endeavour nor, if used, that of the dispatch service provider to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our contents to them or to send different contents according to the interests of our users.
28.9. Austria: The dispatch of the newsletter and the performance measurement are carried out on the basis of the consent of the recipients in accordance with Art. 6 Para. 1 lit. a, Art. 7 DSGVO in conjunction with § 107 Para. 2 TKG or on the basis of legal permission in accordance with § 107 Paras. 2 and 3 TKG.
28.10. The registration procedure is recorded on the basis of our legitimate interests pursuant to Art. 6 Para. 1 lit. f DSGVO and serves as proof of consent to receive the newsletter.
28.11. Recipients of newsletters can cancel the receipt of our newsletter at any time, i.e. revoke their consent. You will find a link to cancel the newsletter at the end of each newsletter. At the same time, your consent to the measurement of your success will expire. A separate revocation of the performance measurement is unfortunately not possible, in which case the entire newsletter subscription must be cancelled. With the cancellation of the newsletter, the personal data are deleted, unless their storage is legally required or justified, in which case their processing is limited only to these exceptional purposes. In particular, we may store the deleted e-mail addresses for up to three years on the basis of our legitimate interests before we delete them for the purpose of sending the newsletter in order to be able to prove that we have previously given our consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual deletion request is possible at any time, provided that the former existence of a consent is confirmed at the same time.
29 Integration of services and contents of third parties
29.1 Within the scope of our online offer and on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. of the German Civil Code), we shall not be liable for any loss or damage arising out of or in connection with the use of our online offer. DSGVO) content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”). This always presupposes that the third-party providers of this content perceive the IP address of the user, since they would not be able to send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We make every effort to use only those contents whose respective providers only use the IP address to deliver the contents. Third party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. Pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain, among other things, technical information about the browser and operating system, referring web pages, visit times and other information about the use of our online offering, as well as may be linked to such information from other sources.
29.2 The following presentation provides an overview of third-party providers and their content, together with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, possibilities for objection (so-called opt-out)