Data privacy policy


 

1.       Name and address of the controller

The controller within the meaning of the General Data Protection Regulation and other national data protection laws and other provisions of data protection law is:

 

IT-Speicherkraft Vertriebs- und Dienstleistungs GmbH

Haushamerstrasse 2 / 2nd floor / Top 14b - UniCredit Tower

A-8054 Seiersberg

Telephone: +43 800 080516
Fax: +43 316 58 79 53 DW 20
E-Mail: office@speicherkraft.com
Website: www.speicherkraft.com

 

2.       General remarks on data processing

 

1.        Extent of processing personal data

In principle, we only collect personal data of our users insofar as this is necessary in order for us to provide a functioning website and to provide our content and services. Normally we collect and use personal data of our users only after the user in question has consented to this. An exception applies in cases in which for practical reasons it is not possible to obtain such consent beforehand and the processing of the data is permitted by statutory regulations.

 

2.        Legal basis for the processing of personal data

 

 

Insofar as we obtain consent from the data subject for processing personal data, Art. 6 (1) a) of the EU General Data Protection Regulation (GDPR) serves as a legal basis for the processing of personal data.

 

In the processing of personal data which is necessary in order to fulfil a contract to which the data subject is party, Art. 6 (1) b) GDPR serves as the legal basis. This applies also in respect of processing operations which are necessary for the execution of steps prior to entering into a contract.

 

Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 (1) c) GDPR serves as a legal basis.

 

In the event that vital interests of the data subject or another natural person makes the processing of personal data necessary, Art. 6 (1) d) GDPR serves as a legal basis.

 

If the processing is necessary in order to safeguard the legitimate interest of our company or of a third party, and if that interest is not outweighed by the interests or the fundamental rights and freedoms of the data subject, Art. 6 (1) f) GDPR serves as a legal basis for the processing.

 

3.        Data erasure and duration of storage

The personal data of the data subject are erased or blocked as soon as the purpose for which the data were stored ceases to apply. Data can be stored for a longer period if this has been envisaged by European or national legislation in regulations of European Union law, laws or other rules to which the controller is subject. The data in question are also blocked or erased if a storage period specified by the above norms expires, unless a further period of storage is necessary for the conclusion or performance of a contract.

 

3.       Provision of the website and creation of log files

1.        Description and scope of data processing

Whenever our website is visited, our system automatically collects data and information from the computer system of the visiting computer.

The following data are collected:

  • Information about the browser type and the version used
  • The user’s operating system
  • The user’s Internet Service Provider
  • The date and time of access
  • Websites from which the user’s system accessed our website
  • Websites which are visited by the user’s system via our website

 

The data are also stored in the log files of our system. This does not apply in respect of the IP addresses of the user, or other data by which the data can be allocated to a particular user. Such data are not stored together with other personal data of the user.

2.        Legal basis for data processing

The legal basis for the temporary storage of the data is Art. 6 (1) f) GDPR.

3.        Purpose of data processing

The data are used by us to optimise our website and to ensure the security of our IT systems. This also constitutes our legitimate interest in the processing of the data, as envisaged in Art. 6 (1) f) GDPR

4.        Duration of storage

The data are erased as soon as they are no longer needed to achieve the purpose for which they were collected. In the case of the collection of data for the provision of our website, this point arises when the session is ended.

5.        Possibility of objection and elimination

The collection of data for the provision of our website and the storage of the data in log files is essential for the operation of the website. There is therefore no possibility for the user to object.

 

4.       Use of Cookies

1.      Description and scope of data processing

Our website uses cookies. These are text files which are stored in the Internet browser or are stored on the user’s computer system by the Internet browser. If a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a distinctive character string by which the browser can be clearly identified when the website is visited again. Cookies which are already on the computer can be deleted at any time. The deletion procedure can be found in your browser instructions (under "Help" in the browser menu).

We use cookies to make our website more user-friendly. Some elements of our website require the visiting browser also to be identifiable after a page change.

 

The following data are stored and transmitted in the cookies:

A list of the stored data follows. Examples may include:

  • Language settings
  • Auto-fill function for input forms

 

Technical measures are used to pseudonymise users’ data which have been collected in this way, so that the data can no longer be allocated to the visiting user. The data are not stored together with other personal data of users.

When users visit our website, an “info banner” informs them concerning the use of cookies for analysis purposes, and a reference to this data protection policy is provided. A reference is also provided in this connection to the fact that the storage of cookies can be prevented in the browser settings.

2.      Legal basis for data processing

The legal basis for the processing of personal data using cookies is Art. 6 (1) f) GDPR..

3.      ZPurpose of data processing

The purpose of the use of technically necessary cookies is to simplify the use of websites for the users. Some functions of our website cannot be offered without the use of cookies. For these functions, it is necessary for the browser also to be recognised after a page change.

We need cookies for the following applications:

  • Acceptance of language settings
  • Noting of search terms

The user data which are collected by technically necessary cookies are not used to create user profiles.

 

We use analysis cookies in order to improve the quality and content of our website. Analysis cookies tell us how our website is being used, to enable us to constantly improve our services. We use analysis cookies for the following purposes:

 

  • Acceptance of language settings
  • Noting of search terms

 

Our legitimate interest in the processing of personal data as envisaged in Art. 6 (1) f) GDPR is also based on the above purposes.

 

4.      Duration of storage, right of objection and elimination

Cookies are stored on the user’s computer and are sent by the user’s computer to our website. You as the user therefore also have full control over the use of cookies. By altering the settings on your Internet browser you can deactivate or restrict the transmission of cookies. Already stored cookies can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that you may no longer be able to make full use of all functions of the website.

 

5.       Newsletter

1.       Description and scope of data processing

Our website offers you the possibility of subscribing to our free Newsletter. When you register to receive our Newsletter, the data from the input screen are sent to us.

  • First name
  • Surname
  • Gender
  • E-Mail

In addition the following data are collected during registration:

  • Date and time of registration

For the processing of the data, your consent will be obtained during the registration process and a reference will be made to this data protection policy.

 

In connection with the processing of data for the purpose of sending out Newsletters, the data you have provided will be passed on to our Newsletter service provider “CleverReach”, which is operated by:

CleverReach GmbH & Co. KG
Mühlenstr. 43
26180 Rastede
Deutschland

We have concluded a processor contract as envisaged Art 28 GDPR. Your data are used exclusively for sending Newsletters.

 

2.        Legal basis for data processing

The legal basis for the processing of the data following registration by the user to receive the Newsletter is that the user has given his consent Art. 6 (1) a) GDPR.

3.        Purpose of data processing

The user’s email address is collected for the purpose of delivering the newsletter.

Other personal data are collected in the course of the registration process in order to prevent any misuse of the services or the email address used, and to generate a personalised form of address.

4.        Duration of storage

The data are deleted as soon as they are no longer necessary in order to achieve the purpose for which they were collected. Accordingly, the user’s email address is stored for as long as the subscription to the newsletter is active.

5.        WPossibility of objection and elimination

The user can terminate his subscription to the Newsletter at any time. Each Newsletter contains a link for this purpose.

 

6.       NUse of Google Analytics and Google Adwords

1.      Description and scope of data processing

On our website, in order to increase our efficiency we use the services of Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses so-called "cookies". These are text files which are stored on your computer and which make it possible to analyse your use of the website. The information generated by the cookie concerning your use of our website (including your IP address) is transmitted to a server of Google in the USA and stored there. To protect the interests of users in the safeguarding of their personal data, the data are anonymised and your IP address therefore cannot be recognised when it is transmitted to Google.

You can prevent the storage of cookies by altering the settings on your browser software; however, we would point out to you that in this case you may not be able to use all functions of this website in their full extent. In addition you can prevent the transmission to Google of the data generated by the cookie concerning your use of the website (including your IP address), and the processing of such data by Google, by downloading and installing the browser plugin which is available under the following link: tools.google.com/dlpage/gaoptout

This website also uses cookies for the purpose of subsequently contacting visitors in the Google advertising network via remarketing campaigns with online advertising. To set up remarketing advertisements, third-party suppliers such as Google use cookies on the basis of a visit to our website. You as the user have the possibility of deactivating the use of cookies by Google, by visiting this page to deactivate Google under www.google.com/ads/preferences.

The following data are collected in the course of the registration process:

  • The user’s encoded IP address
  • The date and time of access
  • How frequently the site is visited
  • Use of website functions
  • The user’s operating system
  • The user’s Internet Service Provider
  • The date and time of access
  • Websites from which the user’s system accessed our website
  • Websites which are visited by the user’s system via our website
  • Device operating systems used
  • Age, gender, languages, interests, country of origin

2.      Legal basis for data processing

The legal basis for the processing of the data is our legitimate interest in increasing our efficiency and also the financing of the website as envisaged in Art. 6 (1) f) GDPR.

3.      Purpose of data processing

The passing on of the anonymised IP address to Google serves to increase the efficiency of our website and for anonymised evaluations of user behaviour in this regard, and also the financing of this website.

4.      Duration of storage

The data are deleted as soon as they are no longer needed for the achievement of the purpose.

 

8.     Use of Facebook Social Media Plugins

1.      Description and scope of data processing

This website uses social plugins ("plugins") of the social network facebook.com, which is operated by Facebook Inc., CA 94304, USA ( "Facebook"). The plugins can be recognised by one of the Facebook logos (a white "f" on a blue “tile” or a “thumbs up” sign), or are marked with the add-on "Facebook Social Plugin". A list of the Facebook social plugins and what they look like can be viewed here: developers.facebook.com/docs/plugins.

If you visit a page on our website which contains a plugin, your browser will set up a direct connection with the Facebook servers. The content of the plugins is transmitted by Facebook directly to your browser and integrated into the website by your browser. We therefore have no influence on the extent of the data collected by Facebook with the help of this plugin, and the information we provide is therefore based on our level of knowledge:

Through the integration of the plugins, Facebook receives the information that you have visited the corresponding page on our website. If you are logged into Facebook, Facebook can allocate your visit to your Facebook account. If you interact with the plugins, for example if you click on the “like” button or leave a comment, the corresponding information will be sent from your browser directly to Facebook and stored there. If you are not a member of Facebook, there is still the possibility that Facebook will find out your IP address and store it.

The purpose and extent of the data collection, and the further processing and use of the data by Facebook, as well as your rights in this regard and the options available to you for altering your settings to protect your privacy, can be found in the data protection policy of Facebook: www.facebook.com/policy.php.

If you are a member of Facebook, and you do not want Facebook to collect data about you via our website and to link the data with your data which is stored at Facebook, you must log out of Facebook before you visit our website.

It is also possible to block Facebook social plugins with add-ons for your browser, for example using the Facebook Blocker.

2.        Legal basis for data processing

The legal basis for the processing of the data is the obtaining of the user’s consent as envisaged in Art. 6 (1) a) GDPR.

 

3.       Purpose of data processing

The purpose of passing on the data is to increase our efficiency and for website marketing purposes.

4.        Duration of storage

The data are deleted as soon as they are no longer needed for the achievement of the purpose.

 

9.     Use of chatbot / messenger service

1.      Description and scope of data processing

This website uses a chatbot. The action that is carried out vis-à-vis the chatbot or the digital assistant in the messenger service is necessary for the performance of the contract / precontract, since the information is used for identification purposes and testifies to its interest in the clearly defined performance under the law of obligations (conclusion of contract).

The legal basis for the processing of the data is the obtaining of the user’s consent as envisaged in Art. 6 (1) b) GDPR. The storage and transmission of the user data are necessary for the performance of a contract to which the data subject is party or in order to take steps prior to entering into a contract.

2.      Purpose of data processing

Fulfilment of precontractual obligations and establishment of the user’s identity

3.      Duration of storage

The data are deleted as soon as they are no longer needed for the achievement of the purpose.

 

10.             Rights of the data subject

 

If your personal data are processed, you are a “data subject” and you have the following rights vis-à-vis the controller:

 

1.        Right of access

You can request confirmation from the controller as to whether personal data concerning you are being processed by us.

If this is the case, you can request information from the controller concerning the following:

(1) the purposes for which the personal data are being processed;

(2) the categories of personal data that are being processed;

(3) the recipients or categories of recipients to whom the personal data concerning you have been disclosed or are still to be disclosed;

(4) the planned duration of storage of the personal data concerning you, or (if specific information cannot be provided on this) criteria for the determination of the period of storage;

(5) the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller, or a right to object to such processing;

(6) the existence of a right to lodge a complaint with a supervisory authority;

(7) all available information concerning the origin of the data, if the personal data are not collected from the data subject;

(8) the existence automated decision-making including profiling as envisaged in Art. 22 (1) and (4) GDPR and – at least in these cases – convincing information concerning the logic involved and the scope and desired impact of such processing as far as the data subject is concerned.

You have the right to request information concerning whether the personal data concerning you are sent to a third country or an international organisation. In this connection you can ask to be informed concerning the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transmission of the data.

 

2.        Right to rectification

You have a right to obtain rectification and/or completion from the controller, if the personal data concerning you which has been processed is inaccurate or incomplete. The controller must carry out the rectification immediately.

 

3.        Right to restriction of processing

If the following conditions are fulfilled you can request the restriction of processing of personal data concerning you:

(1) you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the data;

(2) the processing is unlawful, and you oppose the erasure of the personal data and request the restriction of their use instead;

(3) the controller no longer needs the personal data for the purposes of the processing, but you need the data for the establishment, exercise or defence of legal claims, or

(4) you have objected to the processing as envisaged in Art. 21 (1) GDPR pending the verification of whether the legitimate grounds of the controller override your grounds.

If the processing of the personal data concerning you has been restricted, then the data in question (with the exception of storage) may only be processed with your consent, or for the establishment, exercise or defence of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of an important public interest of the Union or of a Member State.

If you have obtained restriction of processing under the above conditions, you will be informed by the controller before the restriction of processing is lifted.

 

4.        Right to erasure

 

a)        Duty of erasure

You can require the controller to erase personal data concerning you immediately, and the controller has a duty to erase such data immediately, if any of the following reasons applies:

(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.

(2) You revoke the consent on which the processing pursuant to Art. 6 (1) a) or Art. 9 (2) a) GDPR was based, and there is no other legal basis for the processing.

(3) You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.

(4) The personal data concerning you have been unlawfully processed.

(5) The erasure of the personal data concerning you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.

(6) The personal data concerning you have been collected in connection with the offer of information society services as envisaged in Art. 8 (1) GDPR.

 

b)        Information to third parties

If the controller has published personal data concerning you and if it has a duty under Art. 17 (1) GDPR to erase the data, it will implement reasonable steps (due consideration being given to the available technology and the cost of implementation), including technical measures, to inform the controllers that are responsible for the processing of the personal data that you as data subject have requested the erasure of all links to, or copies or replication of, those personal data.

 

c)       Exceptions

The right to erasure does not apply insofar as the processing is necessary:

(1) for the exercise of the right of freedom of expression and information;

(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

(3) for reasons of public interest in the area of public health in accordance with Art. 9 (2) h) and i) as well as Art. 9 (3) GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 (1) GDPR, in so far as the right referred to in a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or

(5) for the establishment, exercise or defence of legal claims.

 

5.        Right to notification

If you have asserted your right against the controller to rectification, erasure or restriction of processing, the controller must inform all recipients to whom the personal data concerning you have been disclosed concerning the rectification or erasure of the data or the restriction of processing, unless this proves impossible or involves disproportionate effort.

You have the right to obtain information from the controller concerning these recipients.

 

6.        Right to data mobility

You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format, if this is technically possible. In addition you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

(1) the processing is based on consent pursuant to Art. 6 (1) a) GDPR or Art. 9 (2) a) GDPR or on a contract pursuant to Art. 6 (1) b) GDPR and

(2) the processing is carried out by automated means.

In exercising this right you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. The rights and freedoms of others shall not be adversely affected.

The right to data portability does not apply to processing of personal data which 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.

 

7.        Right to object

You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on Art. 6 (1) e) or f) GDPR.

The controller shall no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.

Where personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you shall no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

 

8.        Right to withdraw your declaration of consent under data protection law

You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

 

 

9.        Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data concerning you infringes the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.