Datenschutzerklärung - Matthias Fletzberger

DATA PROTECTION

The following data protection declaration applies to the use of our website.

We attach great importance to data protection. The collection and processing of your personal data takes place in compliance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR).

Data protection officer & person responsible

If you have any questions or concerns about data protection, please contact our data protection officer.

Company name: Kultur3 GmbH
Headquarters: Mariahilferstrasse 81/1/8, 1060 Vienna
Email: office@kultur3.com

If you want to object to the collection, processing or use of your data by us in accordance with these data protection provisions as a whole or for individual measures, you can address your objection to the person responsible.

You can save and print out this data protection declaration at any time.

General purposes of processing

Your personal data is processed for the following purposes:

Some of the data is collected in order to ensure that the website is error-free.
Processing and transmission of data as part of the provision of consulting services.
Processing and transmission of data in the context of the sale of products, services and free information.
Other data can be used to analyze your user behavior.

The processing takes place on the basis of the legal provisions of § 96 Abs 3 TKG as well as Art 6 Abs 1 lit a (consent) and / or lit b (necessary to fulfill the contract) of the GDPR.

[a) You have given your consent to the processing - until revoked - of the personal data concerned.

b) Your personal data is processed to fulfill a contract or to carry out pre-contractual measures.]

What data we use and why

Hosting

The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that we use to operate the website.

We or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data from customers, interested parties and visitors to this website on the basis of our legitimate interests in an efficient and secure provision of our website in accordance with Art. 6 Para. 1 p. 1 f) GDPR in conjunction with Art. 28 GDPR.

Access data

We collect information about you when you use this website. We automatically collect information about your usage behavior and your interaction with us and register data about your computer or mobile device. We collect, save and use data every time our website is accessed (so-called server log files). The access data include:

Name and URL of the file called up
Date and time of the call
amount of data transferred
Notification of successful retrieval (HTTP response code)
Browser type and browser version
operating system
Referer URL (i.e. the previously visited page)
Websites that are accessed by the user's system via our website
Internet service provider of the user
IP address and the requesting provider

We use this log data without assignment to your person or other profiling for statistical evaluations for the purpose of operation, security and optimization of our website, but also for anonymous recording of the number of visitors to our website (traffic) as well as the scope and type of Use of our website and services, also for billing purposes, to measure the number of clicks received from cooperation partners. Based on this information, we can provide personalized and location-based content and analyze data traffic, search for and correct errors and improve our services.

This is also where our legitimate interest lies in accordance with Art. 6 Para. 1 S. 1 f) GDPR.

We reserve the right to check the log data retrospectively if, based on specific indications, there is a legitimate suspicion of illegal use. We store IP addresses in the log files for a limited period of time if this is necessary for security purposes or for the provision of services or the billing of a service, e.g. B. if you use one of our offers. After canceling the order process or after receipt of payment, we delete the IP address if it is no longer required for security purposes. We also save IP addresses if we have a specific suspicion of a criminal offense in connection with the use of our website. We also save the date of your last visit as part of your account (e.g. when registering, logging in, clicking links, etc.).

Cookies

We use so-called session cookies to optimize our website. A session cookie is a small text file that is sent by the respective server when you visit a website and is temporarily stored on your hard drive. This file as such contains a so-called session ID, with which various requests from your browser can be assigned to the common session. This means that your computer can be recognized when you return to our website. These cookies are deleted after you close your browser. They serve z. B. to the fact that you can use the shopping cart function across several pages.

To a lesser extent, we also use persistent cookies (also small text files that are stored on your device) that remain on your device and enable us to recognize your browser the next time you visit. These cookies are stored on your hard drive and delete themselves after the specified time. Their lifespan is 1 month to 10 years. In this way, we can present our offer to you in a more user-friendly, effective and secure manner and, for example, show you information on the page that is specifically tailored to your interests.

Our legitimate interest in the use of cookies in accordance with Art. 6 Para. 1 S. 1 f) GDPR lies in making our website more user-friendly, more effective and safer.

The following data and information are stored in the cookies:

Log-in information
language settings
entered search terms
Information about the number of visits to our website and the use of individual functions of our website.

When the cookie is activated, an identification number is assigned to it and your personal data is not assigned to this identification number. Your name, your IP address or similar data that would enable the cookie to be assigned to you are not stored in the cookie. Based on cookie technology, we only receive pseudonymised information, for example about which pages of our shop were visited, which products were viewed, etc.

You can set your browser so that you are informed in advance about the setting of cookies and can decide in individual cases whether you want to exclude the acceptance of cookies for certain cases or in general, or that cookies are completely prevented. This can restrict the functionality of the website.

Data to fulfill our contractual obligations

We process personal data that we need to fulfill our contractual obligations, such as name, address, email address, ordered products, billing and payment data. The collection of this data is necessary for the conclusion of the contract.

The data will be deleted after the warranty periods and statutory retention periods have expired. Data that are linked to a user account (see below) will in any case be retained for the duration of this account.

The legal basis for the processing of this data is Art. 6 Para. 1 S. 1 b) GDPR, because this data is required so that we can fulfill our contractual obligations towards you.

User account

You can create a user account on our website. If you want this, we need the personal data requested when you log in. When you log in later, only your email or user name and the password you have chosen are required.

For the new registration, we collect master data (e.g. name, address), communication data (e.g. e-mail address) and payment data (bank details) as well as access data (user name and password).

In order to ensure your proper registration and to prevent unauthorized registrations by third parties, you will receive an activation link by email after your registration to activate your account. Only after you have registered will we permanently save the data you have transmitted in our system.

Once you have created a user account, you can have us delete it at any time without incurring any costs other than the transmission costs according to the basic tariffs. A message in text form to the contact details mentioned (e.g. e-mail, fax, letter) is sufficient for this. We will then delete your stored personal data, unless we still have to store them to process orders or due to statutory retention requirements.

The legal basis for the processing of this data is your consent in accordance with Art. 6 Para. 1 S. 1 a) GDPR.

Newsletter

To register for the newsletter, the data requested in the registration process are required. The registration for the newsletter is logged. After registering, you will receive a message to the email address provided, asking you to confirm your registration ("double opt-in"). This is necessary so that third parties cannot register with your email address.

You can revoke your consent to receive the newsletter at any time and thus unsubscribe from the newsletter.

We save the registration data as long as it is required for sending the newsletter. We store the log of the registration and the shipping address as long as there was an interest in proof of the originally given consent, usually the limitation periods for claims under civil law, i.e. a maximum of three years.

The legal basis for sending the newsletter is your consent in accordance with Article 6 Paragraph 1 Sentence 1 a) in conjunction with Article 7 GDPR in conjunction with Section 7 Paragraph 2 No. 3 UWG. The legal basis for logging the registration is our legitimate interest in proving that the dispatch was carried out with your consent.

You can cancel your registration at any time without incurring any costs other than the transmission costs according to the basic tariffs. A message in text form to the contact details mentioned (e.g. e-mail, fax, letter) is sufficient for this. Of course you will also find an unsubscribe link in every newsletter.

Contact form and email contact

If you contact us (e.g. using the contact form or email), we will process your details to process the request and in the event that follow-up questions arise.

If the data processing takes place in order to carry out pre-contractual measures, which take place at your request, or, if you are already our customer, in order to carry out the contract, the legal basis for this data processing is Art. 6 Para. 1 S. 1 b) GDPR.

We only process further personal data if you consent to this (Art. 6 Para. 1 S. 1 a) GDPR) or if we have a legitimate interest in processing your data (Art. 6 Para. 1 S. 1 f) GDPR) . A legitimate interest is e.g. B. replying to your email.

Google Analytics

We use Google Analytics, a web analysis service from Google Inc. (“Google”). Google Analytics uses so-called "cookies", text files that are stored on your computer and that enable your use of the website to be analyzed. The information generated by the cookie about the use of this website by site visitors is usually transmitted to a Google server in the USA and stored there.

This is also where our legitimate interest lies in accordance with Art. 6 Para. 1 S. 1 f) GDPR.

Google has submitted to the Privacy Shield Agreement between the European Union and the USA and is certified. As a result, Google undertakes to comply with the standards and regulations of European data protection law. Further information can be found in the entry linked below: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.

We have activated IP anonymization on this website (anonymizeIp). As a result, however, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address will only be transmitted to a Google server in the USA and shortened there in exceptional cases. On our behalf, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide us with other services relating to website activity and internet usage.

The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by setting your browser software accordingly; we would like to point out, however, that in this case you may not be able to use all functions of this website to their full extent.

You can also prevent the transfer of the data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading the browser plug-in available under the following link and install: http://tools.google.com/dlpage/gaoptout?hl=de.

Storage period

Unless specifically stated, we only store personal data for as long as is necessary to fulfill the purposes pursued.

In some cases, the legislature provides for the storage of personal data, for example in tax or commercial law. In these cases, the data will only be stored by us for these legal purposes, but will not be processed in any other way and will be deleted after the legal retention period has expired.

Your rights as a data subject

According to the applicable laws, you have various rights with regard to your personal data. If you would like to assert these rights, please send your request by email or post to the address given, clearly identifying yourself.

Below you will find an overview of your rights.

Right to confirmation and information

You have the right to clear information about the processing of your personal data.

In detail:

You have the right at any time to receive confirmation from us as to whether personal data relating to you is being processed. If this is the case, you have the right to request free information from us about the personal data stored about you, along with a copy of this data. Furthermore, there is a right to the following information:

the purposes of the processing;
the categories of personal data that are processed;
the recipients or categories of recipients to whom the personal data have been disclosed or are still being disclosed, in particular in the case of recipients in third countries or international organizations;
if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
the existence of a right to correction or deletion of your personal data or to restriction of processing by the person responsible or a right to object to this processing;
the existence of a right to lodge a complaint with a supervisory authority;
if the personal data are not collected from you, all available information about the origin of the data;
the existence of automated decision-making including profiling in accordance with 22 Para. 1 and 4 GDPR and - at least in these cases - meaningful information about the logic involved and the scope and intended effects of such processing for you.

If personal data are transmitted to a third country or to an international organization, you have the right to be informed about the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transmission.

Right to rectification

You have the right to request that we correct and, if necessary, complete your personal data.

In detail:

You have the right to request us to correct any incorrect personal data concerning you without delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data - including by means of a supplementary declaration.

Right to deletion ("right to be forgotten")

In a number of cases we are obliged to delete personal data relating to you.

In detail:

In accordance with Art. 17 (1) GDPR, you have the right to demand that we delete personal data relating to you immediately, and we are obliged to delete personal data immediately if one of the following reasons applies:

The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
You revoke your consent on which the processing was based in accordance with Art. 6 Para. 1 1 a) GDPR or Art. 9 Para. 2 a) GDPR, and there is no other legal basis for the processing.
You object to the processing in accordance with Art. 21 Paragraph 1 GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing in accordance with Art. 21 Paragraph 2 GDPR.
The personal data was processed unlawfully.
The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the member states to which we are subject.
The personal data was collected in relation to the information society services offered in accordance with Art. 8 Para. 1 GDPR.

If we have made the personal data public and we are obliged to delete it in accordance with Art. 17 Para. 1 GDPR, we will take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, in order to be responsible for the data processing Process data, to inform you that you have requested the deletion of all links to this personal data or of copies or replications of this personal data.

Right to restriction of processing

In a number of cases you are entitled to request that we restrict the processing of your personal data.

In detail:

You have the right to demand that we restrict processing if one of the following conditions is met:

You dispute the correctness of the personal data for a period that enables us to check the correctness of the personal data,
the processing is unlawful and you refused to delete the personal data and instead requested that the use of the personal data be restricted;
we no longer need the personal data for the purposes of processing, but you need the data to assert, exercise or defend legal claims, or
You have lodged an objection to the processing in accordance with Art. 21 Paragraph 1 GDPR, as long as it has not yet been determined whether the legitimate reasons of our company outweigh yours.

Right to data portability

You have the right to receive machine-readable personal data relating to you, to transmit it, or to have it transmitted by us.

In detail:

You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format, and you have the right to transmit this data to another person responsible without hindrance from us, provided that

the processing is based on consent in accordance with Art. 6 Paragraph 1 Sentence 1 a) GDPR or Art. 9 Paragraph 2 a) GDPR or on a contract in accordance with Art. 6 Paragraph 1 1 b) GDPR and
the processing is carried out using automated procedures.

When exercising your right to data portability in accordance with paragraph 1, you have the right to have the personal data transmitted directly from us to another person responsible, insofar as this is technically feasible.

Right to object

You have the right to object to the lawful processing of your personal data by us if this is justified by your particular situation and our interests in the processing do not outweigh our interests.

In detail:

You have the right, for reasons that arise from your particular situation, to object at any time to the processing of personal data relating to you, which is based on Art. 6 Para. 1 S. 1 e) or f) GDPR; this also applies to profiling based on these provisions. We no longer process the personal data unless we can prove compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If we process personal data in order to operate direct mail, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising.

You have the right, for reasons that arise from your particular situation, to object to the processing of personal data concerning you that is carried out for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 (1) GDPR unless the processing is necessary to fulfill a task in the public interest.

Automated decisions including profiling

You have the right not to be subject to a decision based solely on automated processing - including profiling - which has legal effects on you or which significantly affects you in a similar manner.

There is no automated decision-making based on the personal data collected.

Right to withdraw consent under data protection law

You have the right to withdraw your consent to the processing of personal data at any time.

Right to complain to a supervisory authority

You have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, your place of work or the place of the alleged infringement, if you are of the opinion that the processing of your personal data is unlawful.

Data security

We make every effort to ensure the security of your data within the framework of the applicable data protection laws and technical possibilities.

Your personal data will be transmitted encrypted with us. This applies to your orders and also to the customer login. We use the SSL (Secure Socket Layer) coding system, but would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible.

To secure your data, we maintain technical and organizational security measures in accordance with Art. 32 GDPR, which we continually adapt to the state of the art.

We also do not guarantee that our offer will be available at certain times; Faults, interruptions or failures cannot be ruled out. The servers we use are carefully backed up on a regular basis.

Google web fonts

We use so-called Google web fonts on our website. Fonts are loaded from Google servers, which serve to improve the design of the website. The data processing takes place on the basis of a weighing of interests, whereby our interest consists in an appealing design of the website.

The fonts in question are loaded from Google servers, which are usually located in the USA. The appropriate level of data protection is guaranteed by Google (list entry "Privacy Shield").

www.google.com/fonts#AboutPlace:about
www.google.com/policies/privacy/

Google Maps

This website uses the Google Maps product from Google Inc. By using this website, you consent to the collection, processing and use of the automatically collected data by Google Inc., its representatives and third parties. You can find the terms of use of Google Maps here: Google Maps Terms of Use.

Share on social media

The links / buttons to social networks and platforms used within our online offer do not establish direct contact between social networks and users. Their function corresponds to that of a regular online link.

Transfer of data to third parties, no data transfer to non-EU countries

In principle, we only use your personal data within our company.

If and to the extent that we involve third parties in the performance of contracts (such as logistics service providers), they will only receive personal data to the extent that the transmission is necessary for the corresponding service.

In the event that we outsource certain parts of the data processing ("order processing"), we contractually oblige order processors to use personal data only in accordance with the requirements of data protection laws and to ensure the protection of the rights of the data subject.

A data transfer to bodies or persons outside the EU outside of the data transfers mentioned in this declaration may only take place using the Privacy Shield.

Privacy Shield

The “Privacy Shield” is an agreement between the European Union (EU) and the USA that aims to ensure compliance with European data protection standards in the USA.

External links

For your optimal information, you will find links on our website that refer to third party websites. If these are not obviously recognizable, we point out that it is an external link. We have no influence whatsoever on the content and design of these pages from other providers. The guarantees of this data protection declaration therefore of course do not apply there.

Newsletter

The email addresses are treated confidentially. We use MailChimp, an American provider of mailing solutions based in Atlanta of The Rocket Science Group, LLC, to send our newsletter. (Postal address: MailChimp Privacy Department, 512 Means St., Suite 404, Atlanta, Georgia 30318). Please note that you have to confirm your email address before you can receive the newsletter.

Data protection declaration for the use of Facebook plugins (like button)

Plugins from the social network Facebook (Facebook Inc., 1601 Willow Road, Menlo Park, California, 94025, USA) are integrated on our website. You can recognize the Facebook plugins by the Facebook logo or the “Like” button on our website. You can find an overview of the Facebook plugins here: http://developers.facebook.com/docs/plugins/.
When you visit our website, the plug-in establishes a direct connection between your browser and the Facebook server. As a result, Facebook receives the information that you have visited our site with your IP address. If you click the Facebook “Like” button while you are logged into your Facebook account, you can link the content of our pages to your Facebook profile. This enables Facebook to assign your visit to our website to your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or their use by Facebook. You can find more information on this in Facebook's data protection declaration at http://de-de.facebook.com/policy.php

If you do not want Facebook to be able to assign your visit to our website to your Facebook user account, please log out of your Facebook user account.