Privacy policy

This data protection declaration informs you about the nature, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the websites, functions and content associated with it, as well as external online presences, such as our social media profiles. (hereinafter collectively referred to as the “Online Offer”). With regard to the terms used, such as “processing” or “controller”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR)

Responsible: Reinhard Peschorn
Name/Company: SOFTFACT Informationssysteme Ges.m.b.H.
Street no.: Lichtenauergasse 9/19
Zip code, city, country: 1020 Vienna, Austria
Commercial Register/No.: FN 89461k
Managing Director: Reinhard Peschorn
Phone number: +43 1 2120254
E-mail address: softfact@softfact.com

Data Protection Officer:
Name: Reinhard Peschorn
Street no.: Lichtenauergasse 9/19
Zip code, city, country: 1020 Vienna, Austria
Phone number: +43 1 2120254
E-mail address: softfact@softfact.com

Types of data processed:

– Inventory data (e.g., names, addresses).
– Contact information (e.g., email, phone numbers).
– Content data (e.g., text input, photographs, videos).
– Contract data (e.g., subject matter of the contract, term, customer category).
– Payment data (e.g., bank details, payment history).
– Usage data (e.g., web pages visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).

Processing of special categories of data (Art. 9(1) GDPR):

No special categories of data are processed.

Categories of persons concerned by the processing:

– Customers, interested parties, visitors and users of the online offer, business partners.

In the following, we also refer to the persons concerned collectively as “users”.

Purpose of processing:

– Provision of the online offer, its contents and store functions.
– Provision of contractual services, service and customer care.
– Respond to contact requests and communicate with users.
– Marketing, advertising and market research.
– Safety measures.

Status: 01/ 2020

1. Terms used
1.1. “Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

1.2. “Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and encompasses virtually any handling of data.

1.3. “Controller” means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.

2. Relevant legal bases
In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing. If the legal basis is not stated in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the fulfillment of our services and implementation of contractual measures as well as answering inquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 para. 1 lit. f GDPR. 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 GDPR as the legal basis.

3. Changes and updates to the privacy policy
We ask you to regularly inform yourself about the content of our privacy policy. We will adapt the privacy policy as soon as the changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.

4. Security measures
4.1. We take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk in accordance with Article 32 of the GDPR, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons; the measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access concerning them, input, disclosure, ensuring availability and their separation. Furthermore, we have established procedures to ensure the exercise of data subject rights, deletion of data, and response to data compromise. 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 (Article 25 of the GDPR).

4.2. The security measures include, in particular, the encrypted transmission of data between your browser and our server.

5. Disclosure and transmission of data
5.1. If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this shall only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as to payment service providers, is required pursuant to Art. 6 (1) lit. b GDPR is required for the performance of a contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, hosting providers, tax, business and legal advisors, customer care, accounting, billing and similar services that allow us to efficiently and effectively fulfill our contractual obligations, administrative tasks and duties).

5.2. If we commission third parties with the processing of data on the basis of a so-called “order processing agreement”, this is done on the basis of Art. 28 GDPR.

6. Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using third-party services or disclosing or transferring data to third parties, this will only be done if it is done to fulfill our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the processing of data in a third country only if the special requirements of Art. 44 et seq. GDPR are met. This means, for example, that processing takes place on the basis of special guarantees, such as the officially recognized determination of a level of data protection that corresponds to that of the EU (e.g., for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

7. Rights of the data subjects
7.1. You have the right to request confirmation as to whether data in question is being processed and to information about this data, as well as further information and a copy of the data in accordance with Art. 15 of the GDPR.

7.2. You have accordingly. Art. 16 of the GDPR the right to request the completion of the data concerning you or the correction of incorrect data concerning you.

7.3. In accordance with Article 17 of the GDPR, you have the right to demand that the data in question be deleted without delay or, alternatively, to demand restriction of the processing of the data in accordance with Article 18 of the GDPR.

7.4. You have the right to request to receive the data concerning you that you have provided to us in accordance with Article 20 of the GDPR and to request its transfer to other data controllers.

7.5. You also have according to Article 77 DSGVO the right to lodge a complaint with the competent supervisory authority.

8. Right of withdrawal
You have the right to withdraw consent granted in accordance with Art. 7 par. 3 GDPR with effect for the future.

9. Right of objection
You may object to the future processing of data concerning you in accordance with Art. 21 DSGVO at any time. The objection can be made in particular against the processing for purposes of direct advertising.

10. Cookies and right to object to direct advertising
10.1. Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. The primary purpose of a cookie is to store information about a user (or the device on which the cookie is stored) during or after his visit within an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the contents of a shopping cart in an online store or a login status can be stored. Permanent” or “persistent” cookies are those that remain stored even after the browser is closed. For example, the login status can be saved when users visit them after several days. Likewise, such a cookie may store the interests of users, which are used for reach measurement or marketing purposes. Als „Third-Party-Cookie“ werden Cookies von anderen Anbietern als dem Verantwortlichen, der das Onlineangebot betreibt, bezeichnet (andernfalls, wenn es nur dessen Cookies sind spricht man von „First-Party Cookies“).

10.2. We use temporary and permanent cookies and explain this in our privacy policy.
If users do not want cookies to be stored on their computer, they are asked to disable the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies may lead to functional restrictions of this online offer.

10.3. A general objection to the use of cookies used for online marketing purposes can be declared for a large number of the services, especially in the case of tracking, via the U.S. site http://www.aboutads.info/choices/or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by means of their deactivation in the browser settings. Please note that in this case not all functions of this online offer can be used.

11. Deletion of data
11.1. The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. I.e. the data is blocked and not processed for other purposes This applies, for example, to data that must be retained for reasons of commercial or tax law.

11.2. Austria: According to legal requirements, the storage takes place in particular for 7 years in accordance with § 132 para. 1 BAO (accounting records, vouchers/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real property, and for 10 years for records in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.

12. Order processing in the online store and customer account
12.1. We process the data of our customers in the context of the order processes in our online store to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.

12.2. The processed data includes inventory data, communication data, contract data, payment data and the data subjects include our customers, prospective customers and other business partners. The processing is carried out for the purpose of providing contractual services within the framework of the operation of an online store, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.

12.3. The processing is carried out on the basis of Art. 6 para. 1 lit. b (Execution of order processes) and c (Legally required archiving) GDPR. In this context, the information marked as required is necessary for the justification and fulfillment of the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of legal permissions and obligations to legal advisors and authorities. The data is only processed in third countries if this is necessary for the fulfillment of the contract (e.g. at the customer’s request for delivery or payment).

12.4. Users can optionally create a user account, in which they can view their orders in particular. During the registration process, the required mandatory information is provided to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data with regard to the user account will be deleted, subject to their retention for reasons of commercial or tax law. Art. 6 par. 1 lit. c GDPR necessary. Information in the customer account remains until its deletion with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to back up their data before the end of the contract if the contract has been terminated.

12.5. Within the scope of registration and renewed logins as well as the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as those of users in protection against misuse and other unauthorized use. As a matter of principle, this data will not be passed on to third parties unless it is necessary for the pursuit of our claims or there is a legal obligation to do so in accordance with Art. 6 par. 1 lit. c GDPR.

12.6. The deletion takes place after the expiry of legal warranty and comparable obligations, the necessity of storing the data is reviewed every three years; in the case of legal archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) storage obligation); information in the customer account remains until its deletion.

13. Business analyses and market research
13.1. In order to operate our business economically and to be able to recognize market trends, customer and user wishes, we analyze the data we have on business transactions, contracts, inquiries, etc. We use this data for the purposes of our business processes. We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 lit. f. GDPR, whereby the data subjects include customers, interested parties, business partners, visitors and users of the online offer. The analyses are carried out for the purpose of business management evaluations, marketing and market research. In doing so, we may take into account the profiles of registered users with details of, for example, their purchase transactions. The analyses serve us to increase the user-friendliness, the optimization of our offer and the operational economy. Die Analysen dienen alleine uns und werden nicht extern offenbart, sofern es sich nicht um anonyme Analysen mit zusammengefassten Werten handelt.

13.2. If these analyses or profiles are personal, they are deleted or anonymized upon termination by the user, otherwise after two years from the conclusion of the contract. In other respects, the macroeconomic analyses and general trend determinations are prepared anonymously wherever possible.

15. contact and customer service
15.1. Bei der Kontaktaufnahme mit uns (per Kontaktformular oder E-Mail) werden die Angaben des Nutzers zur Bearbeitung der Kontaktanfrage und deren Abwicklung gem. Art. 6 par. 1 lit. b) GDPR processed.

15.2. User information may be stored in our Customer Relationship Management System (“CRM System”) or comparable inquiry organization.

15.3. We delete the requests if they are no longer necessary. We review the necessity every two years; we store requests from customers who have a customer account permanently and refer to the customer account details for deletion. Furthermore, the statutory archiving obligations apply.

16. Collection of access data and log files
16.1. We collect data on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.

16.2. Log file information is stored for security reasons (e.g. to clarify acts of abuse or fraud) for a maximum of seven days and then deleted. Data whose further retention is required for evidentiary purposes is exempt from deletion until conclusive clarification of the respective incident.

17. online presences in social media
17.1. We maintain on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR, we have online presences within social networks and platforms in order to communicate with the customers, interested parties and users active there and to inform them about our services there. When calling up the respective networks and platforms, the terms and conditions and data processing policies of their respective operators apply.

17.2 Unless otherwise stated in our privacy policy, we process the data of users if they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.

18. Google Analytics
18.1. We use Google Analytics, a web analytics service provided by Google LLC (“Google”), on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 (1) lit. f. DSGVO) Google Analytics, a web analytics service provided by Google LLC (“Google”). Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transmitted to a Google server in the USA and stored there.

You can deactivate tracking by Google Analytics here: [ga-optout text=”Deactivate Google Analytics”]

18.2. Google is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

18.3. Google will use this information on our behalf for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Thereby, pseudonymous usage profiles of the users can be created from the processed data.

18.4. We use Google Analytics only with IP anonymization enabled. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there.[ga-optout text=”Deactivate Google Analytics”]

18.5. The IP address transmitted by the user’s browser is not merged with other data from Google. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the online offer to Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

18.6. For more information about Google’s data use, settings and opt-out options, please visit Google’s websites: https://www.google.com/intl/de/policies/privacy/partners (“Data use by Google when you use our partners’ websites or apps”), https://policies.google.com/technologies/ads(“Data use for advertising purposes”), https://adssettings.google.com/authenticated (“Manage information Google uses to serve ads to you”).

19. Google re/marketing services
19.1. We use on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR) the marketing and remarketing services (in short “Google Marketing Services”) of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”).

19.2. Google is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

19.3. Google’s marketing services allow us to display advertisements for and on our website in a more targeted manner to present users only with ads that potentially match their interests. If, for example, a user is shown ads for products he or she was interested in on other websites, this is referred to as “remarketing”. For these purposes, when our website and other websites on which Google marketing services are active are called up, a code is executed directly by Google and so-called (re)marketing tags (invisible graphics or code, also referred to as “web beacons”) are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user’s device (comparable technologies can also be used instead of cookies). The cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. This file records which web pages the user has visited, which content the user is interested in and which offers the user has clicked on, as well as technical information about the browser and operating system, referring web pages, time of visit and other information about the use of the online offer. The IP address of the user is also recorded, whereby we inform you within the scope of Google Analytics