Data Protection

1 General

1.1 Responsible person

Gerlach Ges.m.b.H.
8010 Graz
Schlögelgasse 14
TEL: +43 / 316 / 822521 0
FAX: +43 / 316 / 822521 7

1.2 Scope of processing

As a matter of principle, we only process personal data of our users as far as this is necessary to provide a functional website and our contents and services. The processing of personal data of our users regularly only takes place with the user’s consent.

An exception is made in cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.

1.3 Legal basis

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU Data Protection Basic Regulation (DSGVO) serves as the legal basis.
When processing personal data which is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b DSGVO serves as the legal basis. This also applies to processing operations which are necessary for the implementation of pre-contractual measures.

Insofar as processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c DSGVO serves as the legal basis.

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 serves as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 para. 1 lit. f DSGVO serves as the legal basis for the processing.

1.4 Data deletion and storage period

The personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage no longer applies. Furthermore, data may be stored if this has been provided for by the European or national legislator in Union regulations, laws or other regulations to which the person responsible is subject. Blocking or erasure of data is also carried out when a storage period prescribed by the above-mentioned standards expires, unless there is a need to continue storing the data for the purpose of concluding or fulfilling a contract.

2 website

2.1 Scope of data processing

Our website processes the data assigned to your computer, as listed below. This is done in order to transmit the contents of our website that you have called up to your computer (e.g. texts, images and files made available for download, etc.). We also process this data to detect and track abuse. The data is stored in log files to ensure the functionality of the website. In addition, the data serves us to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

– Information about the browser type and the version used
– The user’s operating system
– The Internet service provider of the user
– The IP address of the user
– Date and time of access
– Websites from which the user’s system reaches our website
– Websites that are accessed by the user’s system via our website

2.2 Legal basis of data processing

The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f DSGVO.

2.3 Purpose of processing

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.

It is saved in log files to ensure the functionality of the website. In addition, the data serves us to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f DSGVO

2.4 Duration of storage

The data will be deleted as soon as they are no longer necessary for the purpose for which they were collected. In the case of the collection of data for the purpose of providing the website, this is the case when the relevant session has ended.
In the case of storage of the data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated so that it is no longer possible to assign the calling client.

2.5 Possibility of objection and removal

The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. There is therefore no possibility of objection on the part of the user.

3 Use of cookies

3.1 Scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. If a user calls up a website, a cookie can be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require the calling browser to be able to be identified even after a page change.

We also use cookies on our website which enable us to analyse the surfing behaviour of users.

In order to protect input forms on our site, we use at most the “reCAPTCHA” service of the company Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter “Google”. By using this service, it is possible to differentiate whether the corresponding entry is of human origin or whether it is misused by automated machine processing.

To our knowledge, the referrer URL, the IP address, the behaviour of website visitors, information on the operating system, browser and length of stay, cookies, display instructions and scripts, the input behaviour of the user and mouse movements in the “reCAPTCHA” checkbox area are transmitted to “Google”.

Google uses the information thus obtained, among other things, to digitalise books and other printed matter and to optimise services such as Google Street View and Google Maps (e.g. house number and street name recognition).

The IP address transmitted as part of “reCAPTCHA” is not merged with other data from Google unless you are logged into your Google account at the time of using the “reCAPTCHA” plug-in. If you wish to prevent this transmission and storage of data about you and your behaviour on our website by “Google”, you must log out of “Google” before you visit our site or use the “reCAPTCHA” plug-in.

The use of the “reCAPTCHA” service is subject to the Google terms of use: https://www.google.com/intl/de/policies/privacy/

3.2 Legal basis

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f DSGVO.
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f DSGVO.
The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. aa DSGVO if the user has given his consent to this.
The legal basis for the use of reCAPTCHA is Art. 6 para. 1 lit. f DSGVO.

3.3 Purpose of processing

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

The user data collected by technically necessary cookies is not used to create user profiles.
Analysis cookies are used for the purpose of improving the quality of our website and its contents. The analysis cookies enable us to find out how the website is used and thus to constantly optimise our offer.

The use of “reCAPTCHA” takes place to ensure the functionality of the website and to guarantee the security of our information technology systems. These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 Para. 1 lit. f DSGVO.

3.4 Duration of storage, possibility of objection and removal

Cookies are stored on the user’s computer and transmitted by the user to our site. Therefore you as a user have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies already stored can be deleted at any time. This can also be done automatically. If cookies for our website are deactivated, it may not be possible to use all the functions of the website to their full extent.

4 Web analysis

4.1 Scope of processing

This website uses Google Analytics, a web analysis service of Google Inc, (1600 Amphitheatre Parkway Mountain View, CA 94043, USA; “Google”). The use includes the operating mode “Universal Analytics”. This makes it possible to assign data, sessions and interactions across multiple devices to a pseudonymous User ID and thus to analyse the activities of a user across devices.

Google Analytics uses so-called “cookies”, text files which are stored on your computer and which enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transferred to a Google seraver in the USA and stored there.

However, in the event that IP anonymisation is activated on this website, your IP address will be shortened by Google within member states of the European Union or in other states which are party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. The IP address transmitted by your browser within the framework of Google Analytics is not merged with other data from Google.

4.2 Legal basis

The legal basis for the processing of users’ personal data is Art. 6 para. 1 letter f DSGVO.

4.3 Purpose of processing

On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on the website activities and to provide further services to the website operator in connection with the use of the website and the internet.

The processing of the users’ personal data enables us to analyse the surfing behaviour of our users. By evaluating the data obtained, we are able to compile information on the use of the individual components of our website. This helps us to constantly improve our website and its user-friendliness.

These purposes also constitute our legitimate interest in data processing. The legal basis for the use of Google Analytics is § 15 para. 3 TMG or Art. 6 para. 1 lit. f DSGVO

By making the IP address anonymous, the interest of the users in their protection of personal data is sufficiently taken into account.

4.4 Duration of storage

Meetings and campaigns are terminated after a certain period of time. By default, sessions are ended after 30 minutes without activity and campaigns are ended after six months. The time limit for campaigns can be a maximum of two years. For more information about the Terms of Use and Privacy Policy, please visit https://www.google.com/analytics/terms/de.html or https://policies.google.com/?hl=de.

4.5 Objection and removal possibility

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of 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 and installing the browser add-on (anonymizeIP). Opt-out cookies prevent the future collection of your data when visiting this website. To prevent Universal Analytics from collecting data across different devices, you must opt-out on all systems used. Click here to set the opt-out cookie: Disable Google Analytics

5 Rights of data subjects

The following list includes all the rights of the data subjects under the DSGVO. Rights that are not relevant to your own website do not need to be mentioned. In this respect, the list may be shortened.
If personal data is processed by you, you are a data subject within the meaning of the DSGVO and you are entitled to the following rights in relation to the person responsible:

5.1 Right to information

You can request confirmation from the person responsible as to whether personal data concerning you is being processed by us.
If such processing has taken place, you can request information from the data controller on the following:
(1) the purposes for which the personal data are processed
(2) the categories of personal data which are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration of storage of the personal data relating to you or, if it is not possible to specify this, criteria for determining the duration of storage;
(5) the existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information as to the source of the data where the personal data are not collected from the data subject;
(8) the existence of automated decision making, including profiling, in accordance with Art. 22 (1) and (4) DPA and, at least in these cases, meaningful information on the logic involved and the scope and intended effects of such processing on the data subject.
You have the right to request information as to whether the personal data concerning you are being transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 of the DPA in connection with the transfer.

5.2 Right of rectification

You have the right to ask the data controller to correct and/or complete any personal data processed concerning you if it is incorrect or incomplete. The data controller must make the correction without delay.

5.3 Right to limit processing

Under the following conditions, you may request that the processing of personal data concerning you be restricted:
(1) if you dispute the accuracy of the personal data concerning you for a period which enables the controller to verify the accuracy of the personal data
(2) the processing is unlawful and you object to the deletion of the personal data and instead request the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need the personal data for the purpose of exercising or defending legal claims; or
(4) if you have lodged an objection to the processing in accordance with Art. 21 Para. 1 DSGVO and it has not yet been established whether the legitimate reasons of the controller outweigh your reasons.
If the processing of personal data relating to you has been restricted, such data may be processed, with the exception of storage, only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.
If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

5.4 Right of deletion

5.4.1 Cancellation obligation

You may request the controller to delete personal data concerning you without delay and the controller is obliged to delete such data without delay if one 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 your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a FADP, and there is no other legal basis for the processing
(3) You lodge an objection to the processing pursuant to Art. 21(1) DSGVO and there are no overriding legitimate reasons for the processing, or you lodge an objection to the processing pursuant to Art. 21(2) DSGVO.
(4) Personal data concerning you have been processed unlawfully.
5. The deletion of personal data concerning you is necessary to comply with 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 relation to information society services offered, in accordance with Article 8(1) of the DSGVO.

5.4.2 Information to third parties

If the data controller has made public the personal data concerning you and is obliged to delete them in accordance with Art. 17 para. 1 of the DPA, it shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to this personal data or copies or replications of this personal data.

5.4.3 Exceptions

The right of cancellation does not apply if the processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) to comply with a legal obligation requiring processing under Union or national law to which the controller is subject or to perform 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 field of public health pursuant to Article 9 (2) lit. h and i and Article 9 (3) DSGVO;
(4) for archival, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.

5.5 Right to information

If you have asserted the right to rectify, erase or limit the processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed of these recipients by the data controller.

5.6 Right to data transferability

You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. You also have the right to have this data communicated to another controller without interference from the controller to whom the personal data has been communicated, provided that
(1) the processing is based on a consent pursuant to Art. 6 para. 1 letter a DSGVO or Art. 9 para. 2 letter a DSGVO or on a contract pursuant to Art. 6 para. 1 letter b DSGVO and
(2) the processing is carried out by means of automated procedures.
(3) In exercising this right, you also have the right to obtain that personal data concerning you be communicated directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected thereby.
The right to data transferability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

5.7 Right of objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you, which is carried out on the basis of Art. 6, paragraph 1, letter e or f of the DPA.
The controller will no longer process the personal data concerning you unless he can demonstrate compelling reasons for processing which are justified on grounds of protection and which outweigh your interests, rights and freedoms, or unless the processing is for the purpose of asserting, exercising or defending legal claims.
If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing.
If you object to processing for the purposes of direct marketing, the personal data concerning you will no longer be processed for those purposes.
You may exercise your right of objection in relation to the use of information society services, without prejudice to Directive 2002/58/EC, by using automated procedures involving technical specifications.

5.8 Right to revoke the data protection consent
You have the right to revoke your data protection declaration of consent at any time. Revocation of your consent does not affect the lawfulness of the processing that has taken place on the basis of your consent until revocation.

5.9 Right to appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to complain to a supervisory authority, in particular in the Member State in which you are resident, your place of work or the place of the suspected infringement, if you consider that the processing of personal data concerning you is in breach of the DPA.
The supervisory authority to which the complaint has been submitted will inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 DSGVO.

Status: 24.05.2018