With the following data protection declaration, we would like to explain to you which types of your personal data (hereinafter also referred to as „data“) we process for which purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both as part of the provision of our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as „online offer“ ). As of September 30, 2019
Responsible
Schmidt Premium Cars GmbH
Wagramerstraße 256
1220 Vienna
Austria
Persons authorized to represent: Mr. Georg Pfeffer
E-mail address: office@schmidtpremiumcars.com
Telephone: +43 1 343 333 0
Overview of processing
The following overview summarizes the types of data processed and the purposes of their processing and refers to the persons concerned.
Types of data processed
Categories of data subjects
purposes of processing
Automated decisions in individual cases
Relevant legal bases
In the following we inform you about the legal bases of the General Data Protection Regulation (GDPR), on the basis of which we process the personal data. Please note that in addition to the regulations of the GDPR, the national data protection regulations in your or our country of residence and domicile may apply.
Security measures
We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons Measures to ensure a level of protection appropriate to the risk.
The measures include, in particular, securing the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as access, input, disclosure, securing availability and their separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, the deletion of data and reactions to data threats. Furthermore, we already take the protection of personal data into account during the development or selection of hardware, software and processes in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.
SSL encryption (https):
In order to protect your data transmitted via our online offer, we use SSL encryption. You can recognize such encrypted connections by the prefix https:// in the address line of your browser.
Transmission and disclosure of personal data
As part of our processing of personal data, it may happen that the data is transmitted to other bodies, companies, legally independent organizational units or persons or is disclosed to them. The recipients of this data can include, for example, payment institutions in the context of payment transactions, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such a case, we observe the legal requirements and, in particular, conclude appropriate contracts or agreements with the recipients of your data that serve to protect your data.
Data transfers within the organization:
We may transfer personal data to other entities within our organization or allow them access to this data. If this transfer takes place for administrative purposes, the transfer of the data is based on our legitimate entrepreneurial and business interests or takes place if it is necessary to fulfill our contractual obligations or if the consent of the person concerned or legal permission is available.
Use of cookies
„Cookies“ are small files that are stored on users‘ devices. Different information can be stored by means of cookies. The information can include, for example, the language settings on a website, the login status, a shopping cart or the place where a video was viewed.
As a rule, cookies are also used when the interests of a user or his behavior (e.g. viewing certain content, using functions, etc.) are stored in a user profile on individual websites. Such profiles are used to show users, for example, content that corresponds to their potential interests. This procedure is also referred to as „tracking“, ie tracking the potential interests of users. The term “cookies” also includes other technologies that fulfill the same functions as cookies (e.g. when user information is stored using pseudonymous online identifiers, also referred to as “user IDs”).
If we use cookies or „tracking“ technologies, we will inform you separately in our data protection declaration.
Notes on legal bases:
The legal basis on which we process your personal data with the help of cookies depends on whether we ask for your consent. If this is the case and you consent to the use of cookies, the legal basis for the processing of your data is the declared consent. Otherwise, the data processed with the help of cookies will be processed on the basis of our legitimate interests (e.g. in the commercial operation of our online offer and its improvement) or if the use of cookies is necessary to fulfill our contractual obligations.
Revocation and objection (opt-out):
Regardless of whether the processing is based on consent or legal permission, you have the option at any time to revoke your consent or to object to the processing of your data by cookie technologies (collectively as “ referred to as „opt-out“).
You can initially declare your objection using the settings in your browser, e.g. by deactivating the use of cookies (which can also limit the functionality of our online offer).
An objection to the use of cookies for online marketing purposes can be raised using a variety of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.aboutads.info/choices/ //www.youronlinechoices.com/ or generally at http://optout.aboutads.info.
Processing of cookie data based on consent:
Before we process or have data processed as part of the use of cookies, we ask users to give their consent, which can be revoked at any time. Before the consent has not been given, cookies that are required for the operation of our online offer will be used. They are used on the basis of our interest and the interest of the user in the expected functionality of our online offer.
Commercial and business services
We process data from our contractual and business partners, e.g. customers and interested parties (collectively referred to as „contractual partners“) in the context of contractual and comparable legal relationships and related measures and in the context of communication with the contractual partners (or pre-contractual), e.g to answer inquiries.
We process this data to fulfill our contractual obligations, to safeguard our rights and for the purposes of the administrative tasks associated with this information and the corporate organization. We only pass on the data of the contractual partners to third parties within the framework of the applicable law to the extent that this is necessary for the aforementioned purposes or to fulfill legal obligations or with the consent of the contractual partners (e.g. to telecommunications, transport and other auxiliary services involved as well as subcontractors , banks, tax and legal advisors, payment service providers or tax authorities). The contractual partners will be informed about other forms of processing, e.g. for marketing purposes, within the scope of this data protection declaration.
We inform the contractual partners which data is required for the aforementioned purposes before or during data collection, e.g. in online forms, by means of special markings (e.g. colours) or symbols (e.g. asterisks or similar), or personally.
We delete the data after statutory warranty and comparable obligations have expired, i.e. generally after 4 years, unless the data is stored in a customer account, e.g. for as long as it has to be kept for legal archiving reasons (e.g. for tax purposes usually 10 years). We delete data disclosed to us by the contractual partner as part of an order in accordance with the specifications of the order, generally after the end of the order.
Insofar as we use third-party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third-party providers or platforms apply in the relationship between the users and the providers.
Economic analyzes and market research:
For business reasons and in order to be able to identify market trends and the wishes of contractual partners and users, we analyze the data available to us on business transactions, contracts, inquiries, etc., whereby the group of persons concerned includes contractual partners, interested parties, customers, Visitors and users of our online offer can fall.
The analyzes are carried out for the purpose of business evaluations, marketing and market research (e.g. to determine customer groups with different characteristics). In doing so, we can, if available, take into account the profiles of registered users together with their information, e.g. on services used. The analyzes serve us alone and are not disclosed externally, unless they are anonymous analyzes with summarized, i.e. anonymous values. Furthermore, we take the privacy of the users into account and process the data for analysis purposes as pseudonymously as possible and, if feasible, anonymously (e.g. as summarized data).
Shop and e-commerce:
We process the data of our customers in order to enable them to select, purchase or order the selected products, goods and associated services, as well as their payment and delivery or execution.
The required information is marked as such in the context of the ordering or comparable acquisition process and includes the information required for delivery or provision and billing as well as contact information in order to be able to hold any consultation.
Craftsmanship services:
We process the data of our customers and clients (hereinafter referred to as „customers“) in order to enable them to select, purchase or commission the selected services or works and related activities as well as their payment and delivery or execution or to enable delivery.
The required information is marked as such within the framework of the contract, order or comparable contract and includes the information required for delivery and billing as well as contact information in order to be able to hold any consultations.
Payment service providers
Within the framework of contractual and other legal relationships, due to legal obligations or otherwise on the basis of our legitimate interests, we offer the data subjects efficient and secure payment options and use other payment service providers in addition to banks and credit institutions (collectively „payment service providers“).
The data processed by the payment service provider includes inventory data such as name and address, bank details such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, total and recipient-related information. The information is required to carry out the transactions. However, the data entered will only be processed and stored by the payment service providers. This means that we do not receive any account or credit card-related information, only information with confirmation or negative information about the payment. Under certain circumstances, the payment service provider may transmit the data to credit agencies. The purpose of this transmission is to check identity and creditworthiness.
The terms and conditions and data protection notices of the respective payment service providers apply to the payment transactions, which can be accessed within the respective websites or transaction applications. We also refer to this for the purpose of further information and the assertion of revocation, information and other data subject rights.
If we pay in advance or take comparable economic risks (e.g. when ordering on account), we reserve the right, in order to protect legitimate interests, to provide information on identity and creditworthiness for the purpose of assessing the credit risk on the basis of mathematical-statistical processes from service companies specialized in this (credit agencies ) to obtain.
We process the information received from the credit agencies about the statistical probability of non-payment as part of an appropriate discretionary decision on the establishment, implementation and termination of the contractual relationship. In the event of a negative result of the credit check, we reserve the right to refuse payment on account or any other advance payment.
The decision as to whether we will provide advance payment is made in accordance with Art.
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When contacting us (e.g. via contact form, e-mail, telephone or via social media), the details of the requesting person will be processed to the extent that this is necessary to answer the contact request and any requested measures.
The answering of contact inquiries within the framework of contractual or pre-contractual relationships takes place to fulfill our contractual obligations or to answer (pre)contractual inquiries and otherwise on the basis of the legitimate interests in answering the inquiries.
We use messenger services for communication purposes and therefore ask you to observe the following information on the functionality of the messenger, on encryption, on the use of the metadata of the communication and on your options to object.
You can also contact us in alternative ways, e.g. by telephone or e-mail. Please use the contact options provided to you or the contact options specified within our online offer.
In the case of end-to-end encryption of content (ie the content of your message and attachments), please note that the communication content (ie the content of the message and attached images) is encrypted from end-to-end. This means that the content of the messages cannot be viewed, not even by the messenger providers themselves. You should always use a current version of the messenger with activated encryption to ensure that the message content is encrypted.
However, we also point out to our communication partners that the providers of the messengers cannot see the content, but can find out that and when communication partners communicate with us as well as technical information on the device used by the communication partner and, depending on the settings of their device, also location information ( so-called metadata) are processed.
If we ask communication partners for permission before communicating with them via Messenger, the legal basis for our processing of their data is their consent. Otherwise, if we do not ask for your consent and you contact us, for example, we use Messenger in relation to our contractual partners and in the context of contract initiation as a contractual measure and in the case of other interested parties and communication partners on the basis of our legitimate interests in fast and efficient communication and fulfillment of the needs of our communication partners in communication via messengers. We would also like to point out that we will not transmit the contact data you have given us to Messenger for the first time without your consent.
You can revoke your consent at any time and object to communication with us via Messenger at any time. In the case of communication via Messenger, we delete the messages in accordance with our general deletion guidelines (ie, as described above, after the end of contractual relationships, in the context of archiving requirements, etc.) and otherwise as soon as we can assume that we have answered any information from the communication partner, if no reference to a previous conversation is to be expected and the deletion does not conflict with any statutory retention requirements.
Finally, we would like to point out that, for reasons of security, we reserve the right not to answer inquiries via Messenger. This is the case, for example, when internal contract details require particular secrecy or an answer via messenger does not meet the formal requirements. In such cases, we will refer you to more appropriate communication channels.
We use platforms and applications from other providers (hereinafter referred to as „third-party providers“) for the purpose of conducting video and audio conferences, webinars and other types of video and audio meetings. When selecting third-party providers and their services, we observe the legal requirements.
In this context, the data of the communication participants are processed and stored on the servers of third-party providers, insofar as these are part of communication processes with us. This data may include, in particular, registration and contact details, visual and vocal contributions, as well as entries in chats and shared screen content.
If users access third-party providers or their software as part of communication, business or other relationships with us
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The polls and surveys we carry out (hereinafter „surveys“) are evaluated anonymously. Personal data is only processed to the extent that this is necessary for the provision and technical implementation of the surveys (e.g. processing the IP address to display the survey in the user’s browser or using a temporary cookie (session cookie) to resume the survey enable) or users have consented.
If we ask the participants for their consent to the processing of their data, this is the legal basis for the processing, otherwise the processing of the participants‘ data is based on our legitimate interests in conducting an objective survey.
In order to be able to provide our online offer securely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers managed by them) the online offer can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services, as well as security services and technical maintenance services.
The data processed as part of the provision of the hosting offer may include all information relating to the users of our online offer that arises in the context of use and communication. This regularly includes the IP address, which is necessary in order to be able to deliver the content of online offers to browsers, and all entries made within our online offer or on websites.
The web hosting services we use also include sending, receiving and storing emails. For these purposes, the addresses of the recipients and senders as well as other information regarding the e-mail dispatch (e.g. the providers involved) and the content of the respective e-mails are processed. The aforementioned data can also be processed for SPAM detection purposes. We ask you to note that e-mails are generally not sent in encrypted form on the Internet. As a rule, e-mails are encrypted during transport, but (unless a so-called end-to-end encryption method is used) not on the servers from which they are sent and received.
We ourselves (or our web hosting provider) collect data for every access to the server (so-called server log files). The address and name of the retrieved websites and files, date and time of retrieval, amounts of data transferred, notification of successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page) and, as a rule, IP Addresses and the requesting provider belong.
The server log files can be used on the one hand for security purposes, e.g. to avoid overloading the server (especially in the case of abusive attacks, so-called DDoS attacks) and on the other hand to ensure server utilization and stability.
The application process requires that applicants provide us with the data required for their assessment and selection. Which information is required can be found in the job description or, in the case of online forms, from the information given there.
In principle, the required information includes personal information such as name, address, a contact option and proof of the qualifications required for a position. On request, we will also be happy to tell you what information is required.
If made available, applicants can send us their applications using an online form. The data is transmitted to us in encrypted form using state-of-the-art technology.
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3 months
We send newsletters, e-mails and other electronic notifications (hereinafter „newsletters“) only with the consent of the recipient or legal permission. If the contents of the newsletter are specifically described when registering for the newsletter, they are decisive for the consent of the user. Our newsletter also contains information about our services and us.
In order to register for our newsletters, it is generally sufficient if you enter your e-mail address. However, we may ask you to provide a name so that we can address you personally in the newsletter, or other information if this is necessary for the purposes of the newsletter.
The registration for our newsletter takes place in a so-called double opt-in procedure. This means that 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 someone else’s e-mail address. The registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes storing the time of registration and confirmation as well as the IP address. Changes to your data stored by the shipping service provider are also logged.
We can store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the previous existence of consent is confirmed at the same time. In the case of obligations to permanently observe contradictions, we reserve the right to store the e-mail address in a blocking list (so-called “blacklist”) solely for this purpose.
The registration process is logged on the basis of our legitimate interests for the purpose of proving that it was carried out properly. If we commission a service provider to send emails, this is done on the basis of our legitimate interests in an efficient and secure shipping system.
The newsletter is sent on the basis of the consent of the recipient or, if consent is not required, on the basis of our legitimate interests in direct marketing, if and to the extent that this is permitted by law, e.g. in the case of advertising for existing customers. If we commission a service provider to send emails, this is done on the basis of our legitimate interests. The registration process is recorded on the basis of our legitimate interests to demonstrate that it has been carried out in accordance with the law.
Information about us, our services, promotions and offers.
The newsletters contain a so-called „web beacon“, ie a pixel-sized file that is retrieved from our server when the newsletter is opened or, if we use a shipping service provider, from their server. As part of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and the time of retrieval, is initially collected.
This information is used to technically improve our newsletter based on the technical data or the target groups and their reading behavior based on their retrieval locations (which can be determined using the IP address) or the access times. This analysis also includes 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. However, it is neither our aim nor, if used, that of the shipping service provider to monitor individual users. Rather, the evaluations serve us to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
The evaluation of the newsletter and the measurement of success are carried out, subject to the express consent of the user, on the basis of our legitimate interests for the purpose of using a user-friendly and secure newsletter system, which serves both our business interests and meets the expectations of the users.
Unfortunately, a separate revocation of the performance measurement is not possible. In this case, the entire newsletter subscription must be canceled or objected to.
Types of data processed: Inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), meta/communication data (e.g. device information, IP addresses), usage data (e.g. websites visited, interest in content, access times).
The web analysis (also referred to as „reach measurement“) serves to evaluate the flow of visitors to our online offer and can include behavior, interests or demographic information about the visitors, such as age or gender, as pseudonymous values. With the help of the range analysis, we can, for example, identify at what time our online offer or its functions or content are used most frequently or invite people to use them again. We can also understand which areas need optimization.
In addition to web analysis, we can also use test procedures, for example to test and optimize different versions of our online offering or its components.
For these purposes, so-called user profiles can be created and stored in a file (so-called „cookie“) or similar processes can be used for the same purpose. This information can include, for example, content viewed, websites visited and elements used there and technical information such as the browser used, the computer system used and information on usage times. If users have consented to the collection of their location data, this can also be processed depending on the provider.
The IP addresses of the users are also saved. However, we use an IP masking process (ie pseudonymization by shortening the IP address) to protect users. In general, no clear user data (e.g. e-mail addresses or names) are stored in the context of web analysis, A/B testing and optimization, but pseudonyms. This means that we and the providers of the software used do not know the actual identity of the users, but only the information stored in their profiles for the purposes of the respective process.
If we ask users for their consent to the use of third-party providers, the legal basis for processing data is consent. Otherwise, user data is processed on the basis of our legitimate interests (ie interest in efficient, economical and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this data protection declaration.
We process personal data for online marketing purposes, which includes in particular the presentation of advertising and other content (collectively referred to as “content”) based on potential user interests and the measurement of their effectiveness.
For these purposes, so-called user profiles are created and stored in a file (so-called „cookie“) or similar processes are used, by means of which the user information relevant for the presentation of the aforementioned content is stored. This information can include, for example, content viewed, websites visited, online networks used, but also communication partners and technical information such as the browser used, the computer system used and information on usage times. If users have consented to the collection of their location data, this can also be processed.
The IP addresses of the users are also saved. However, we use IP masking procedures (ie pseudonymization by shortening the IP address) to protect users. In general, no clear user data (such as e-mail addresses or names) are stored as part of the online marketing process, but pseudonyms. This means that we and the providers of the online marketing process do not know the actual identity of the users, only the information stored in their profiles.
The information in the profiles is usually stored in the cookies or by means of similar processes. These cookies can later generally also be read on other websites that use the same online marketing process and analyzed for the purpose of displaying content, as well as supplemented with further data and stored on the server of the online marketing process provider.
As an exception, clear data can be assigned to the profiles. This is the case, for example, if the users are members of a social network whose online marketing process we use and the network connects the user profiles in the aforementioned information. We kindly ask you to note that users can make additional agreements with the providers, e.g. by giving their consent during registration.
In principle, we only receive access to summarized information about the success of our advertisements. However, we can use so-called conversion measurements to check which of our online marketing processes have led to a so-called conversion, ie, to a contract with us, for example. The conversion measurement is only used to analyze the success of our marketing measures.
If we ask users for their consent to the use of third-party providers, the legal basis for processing data is consent. Otherwise, user data is processed on the basis of our legitimate interests (ie interest in efficient, economical and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this data protection declaration.
With the help of the Facebook pixel, Facebook is able to determine the visitors of our online offer as a target group for the display of advertisements (so-called „Facebook ads“). Accordingly, we use the Facebook pixel to only display the Facebook ads we have placed to those Facebook users who have also shown an interest in our online offer or who have certain characteristics (e.g. interest in certain topics or products, which are based on the visited website). websites become visible), which we transmit to Facebook (so-called „Custom Audiences“). With the help of the Facebook pixel, we also want to ensure that our Facebook ads correspond to the potential interests of users and are not annoying.
We maintain online presences within social networks in order to communicate with the users active there or to offer information about us there.
We would like to point out that user data can be processed outside of the European Union. This can result in risks for the user, because it could make it more difficult to enforce the user’s rights, for example. With regard to US providers who are certified under the Privacy Shield or offer comparable guarantees of a secure level of data protection, we would like to point out that they undertake to comply with the data protection standards of the EU.
Furthermore, user data is usually processed within social networks for market research and advertising purposes. For example, usage profiles can be created on the basis of usage behavior and the resulting interests of users. The usage profiles can in turn be used, for example, to place advertisements inside and outside the networks that presumably correspond to the interests of the user. For these purposes, cookies are usually stored on the users‘ computers, in which the usage behavior and the interests of the users are stored. Furthermore, data can also be stored in the usage profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).
For a detailed description of the respective forms of processing and the possibility of objection (opt-out), we refer to the data protection declarations and information provided by the operators of the respective networks.
Also in the case of requests for information and the assertion of data subject rights, we would like to point out that these can be asserted most effectively with the providers. Only the providers have access to the data of the users and can take appropriate measures and provide information directly. If you still need help, you can contact us.
We integrate functional and content elements into our online offer that are obtained from the servers of their respective providers (hereinafter referred to as „third-party providers“). This can be, for example, graphics, videos or social media buttons as well as posts (hereinafter uniformly referred to as „content“).
The integration always presupposes that the third-party providers of this content process the IP address of the user, since without the IP address they could not send the content to their browser. The IP address is therefore required for the display of this content or functions. We endeavor to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known as „web beacons“) for statistical or marketing purposes. The „pixel tags“ can be used to evaluate information such as visitor traffic on the pages of this website.
If we ask users for their consent to the use of third-party providers, the legal basis for processing data is consent. Otherwise, user data is processed on the basis of our legitimate interests (ie interest in efficient, economical and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this data protection declaration.
The data processed by us will be deleted in accordance with the legal requirements as soon as your consent to processing is revoked or other permissions are no longer applicable (e.g. if the purpose of processing this data no longer applies or it is not required for the purpose).
If the data is not deleted because it is required for other, legally permissible purposes, its processing will be limited to these purposes. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax reasons or whose storage is necessary to assert, exercise or defend legal claims or to protect the rights of another natural or legal person.
Further information on the deletion of personal data can also be provided in the context of the individual data protection information in this data protection declaration.
We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as the changes in the data processing we carry out make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.
As a data subject, you have various rights under the GDPR, which result in particular from Articles 15 to 18 and 21 GDPR:
This section provides you with an overview of the terms used in this data protection declaration. Many of the terms are taken from the law and defined above all in Art. 4 GDPR. The legal definitions are binding. The following explanations, on the other hand, are intended primarily for understanding. The terms are sorted alphabetically.