Privacy policy
This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the websites, functions and contents connected with it as well as external online presences, such as our Social Media Profile. (hereinafter jointly referred to as “online offer”). With regard to the terms used, e.g. “processing” or “responsible person”, we refer to the definitions in Art. 4 of the Basic Data Protection Regulation (DSGVO).
Responsible person:
Name/Fa.: Proto.at
Straße Nr.: Bayernlandl 6
PLZ, Ort, Land: 2442 Unterwaltersdorf
Firmenbuch/Nr.:
Geschäftsführer/Inhaber: Lukas Greifeneder
E-Mailadresse: hallo@proto.at
Data protection officer:
E-Mailadress: hallo@proto.at
Types of data processed:
– Contact details (e.g., e-mail, telephone numbers).
– Content data (e.g., text entries, photographs, videos).
– Contract data (e.g., object of contract, duration, customer category).
– Payment data (e.g., bank details, payment history).
– Usage data (e.g., websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).
Processing of special categories of data (Art. 9 para. 1 DSGVO)
No special categories of data are processed.
Categories of data subjects concerned by the processing:
– Customers, interested parties, visitors and users of the online offer, business partners.
– Visitors and users of the online offer.
In the following, we refer to the persons concerned collectively as “users”.
Purpose of the processing:
– Provision of the online offer, its contents and shop functions.
– Provision of contractual services, service and customer care.
– Responding to contact requests and communication with users.
– Marketing, advertising and market research.
– Security measures.
Stand: 12/2019
1. Used terms
1.1. “personal data” shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); an identifiable 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. a cookie) or 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 covers virtually all data handling.
1.3. “Controller” shall mean the natural or legal person, public authority, agency or any 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 DSGVO, we inform you of the legal basis of our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing for the purpose of fulfilling our services and implementing contractual measures and answering enquiries is Art. 6 Para. 1 lit. b DSGVO, the legal basis for processing for the purpose of fulfilling our legal obligations is Art. 6 Para. 1 lit. c DSGVO, and the legal basis for processing for the purpose of safeguarding our legitimate interests is Art. 6 Para. 1 lit. f DSGVO. In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 paragraph 1 letter d DSGVO serves as the legal basis.
3. Changes and updates to the privacy policy
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 changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary for you to cooperate (e.g. to give your consent) or to receive other individual notification.
4. Security measures
4.1. In accordance with Art. 32 DSGVO and taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the varying probability of occurrence and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organisational measures to ensure a level of protection commensurate with the risk; these measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling the physical access to the data as well as the access, input, transmission, safeguarding of availability and its separation. Furthermore, we have established procedures to ensure that data subjects’ rights are exercised, data is deleted, and we respond to any threats to the data. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and procedures, in accordance with the principle of data protection by designing technology and by using data protection-friendly default settings (Art. 25 DSGVO).
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), transfer it to them or otherwise grant them access to the data, this will only be done on the basis of a legal authorization (e.g. if a transfer of the data to third parties, such as payment service providers, in accordance with Art. 6 para. 1 lit. b DSGVO is necessary for the fulfilment of the contract), you have consented to this, 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 fulfil our contractual obligations, administrative tasks and duties efficiently and effectively).
5.2. If we commission third parties to process data on the basis of a so-called “contract processing agreement”, this is done on the basis of Art. 28 DSGVO.
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 the services of third parties or disclosure or transfer of data to third parties, this will only take place if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we will only process or transfer the data in a third country if the special requirements of Art. 44 ff. DSGVO. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”).
7. Rights of data subjects
7.1. You have the right to request confirmation as to whether or not data in question is being processed and to receive information about this data and to receive further information and a copy of the data in accordance with Art. 15 DSGVO.
7.2. You have accordingly. Art. 16 DSGVO, you have the right to request the completion of data concerning you or the correction of incorrect data concerning you.
7.3. In accordance with Art. 17 DSGVO, you have the right to demand that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 DSGVO, to demand that the processing of the data be restricted.
7.4. You have the right to request that the data concerning you which you have provided us with be made available to us in accordance with Art. 20 DSGVO and to demand that it be passed on to other persons responsible.
7.5. Under Art. 77 DSGVO you also have the right to lodge a complaint with the competent supervisory authority.
8. Right of withdrawal
You have the right to revoke consents granted in accordance with Art. 7 para. 3 DSGVO with effect for the future.
9. Right of objection
You can object to the future processing of data concerning you at any time in accordance with Art. 21 DSGVO. The objection may in particular be made against processing for the purposes of direct advertising.
10. Cookies and right of objection for direct advertising
10.1. “Cookies” are small files that are stored on the user’s computer. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his visit to 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 shop or a login status can be stored. Cookies are described as “permanent” or “persistent” if they remain stored even after the browser is closed. For example, the login status can be saved if the user visits it after several days. Likewise, the interests of the users can be stored in such a cookie, which are used for range measurement or marketing purposes. Third party cookies” are cookies from providers other than the person responsible for operating the online service (otherwise, if it is only their cookies, it is called “first-party cookies”).
10.2. We use temporary and permanent cookies and provide information on this in our data protection declaration.
If users do not want cookies to be stored on their computer, they are asked to deactivate 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 can 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 many of the services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by deactivating them 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 their processing in accordance with articles 17 and 18 DSGVO. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
11.2. According to legal requirements, the storage is carried out in particular for 7 J in accordance with § 132 para. 1 BAO (accounting documents, vouchers / invoices, accounts, receipts, business documents, statement of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services which are 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 shop and customer account
12.1. We process the data of our customers in the context of the order procedures in our online shop, in order 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, with regard to the persons concerned, our customers, interested parties and other business partners. The processing is carried out for the purpose of providing contractual services in the context of operating an online shop, billing, delivery and customer services. For this purpose, 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 based on Art. 6 Para. 1 lit. b (execution of ordering processes) and c (legally required archiving) DSGVO. The information marked as required is required for the establishment and fulfilment of the contract. We disclose the data to third parties only within the scope of delivery, payment or within the scope of the legal permits and obligations to legal advisors and authorities. The data will only be processed in third countries if this is necessary for the fulfilment of the contract (e.g. on customer request for delivery or payment).
12.4. Users can optionally create a user account, in particular by viewing their orders. During the registration process, the required mandatory data will be 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 will be deleted with regard to the user account, subject to their safekeeping is necessary for reasons of commercial or tax law in accordance with Art. 6 Para. 1 lit. c DSGVO. Data in the customer account will remain until its deletion with subsequent archiving in case of a legal obligation. It is the responsibility of the users to save their data in case of termination before the end of the contract.
12.5. Within the scope of registration and renewed logins and 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 the user’s need for protection against misuse and other unauthorized use. As a matter of principle, this data is not passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DSGVO.
12.6. Deletion takes place after expiry of legal warranty and comparable obligations, the necessity of data storage is reviewed every three years; in the case of legal archiving obligations, 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. Contact and customer service
13.1. When contacting us (via contact form or e-mail), the user’s details are processed for the purpose of handling the contact request and its processing in accordance with Art. 6 Para. 1 lit. b) DSGVO.
13.2. User information may be stored in our customer relationship management system (“CRM system”) or similar inquiry organization.
13.3. We will delete the requests if they are no longer necessary. We review the necessity every two years; we permanently store inquiries from customers who have a customer account and refer to the information on the customer account for deletion. Furthermore, the statutory archiving obligations apply.
14. Collection of access data and log files
14.1. On the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO, we collect data about every 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 site), IP address and the requesting provider.
14.2. For security reasons (e.g. for the investigation of abuse or fraud), log file information is stored for a maximum of seven days and then deleted. Data whose further storage is required for evidence purposes is excluded from deletion until the respective incident has been finally clarified.
15. Social media online presence
15.1. We maintain on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO, we maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services. When calling up the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
15.2 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 articles on our online presences or send us messages.
16. Communication by mail, e-mail, fax or telephone
18.1 We use remote means of communication, such as mail, telephone or e-mail, for business transactions and marketing purposes. We process inventory data, address and contact data as well as contract data of customers, participants, interested parties and communication partners.
16.2 The processing is based on Art. 6 para. 1 lit. a, Art. 7 DSGVO, Art. 6 para. 1 lit. f DSGVO in connection with legal requirements for advertising communications. Contact will only be established with the consent of the contact partners or within the scope of the legal permissions and the processed data will be deleted as soon as they are not required and otherwise with objection/ revocation or discontinuation of the basis of entitlement or legal archiving obligations.
17. Newsletter
Our newsletter contains information about our products, offers, promotions and our company.
17.2. With the following notes we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the described procedures.
17.3. Content of the newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter referred to as “newsletters”) only with the consent of the recipients or a legal permission. Insofar as the contents of the newsletter are specifically described in the context of a registration for the newsletter, they are decisive for the consent of the users. Furthermore, our newsletters contain information about our products, offers, promotions and our company.
17.4. Double-Opt-In and logging: The registration to our newsletter is done in a so-called Double-Opt-In procedure. This means that after registration you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with foreign e-mail addresses. The newsletter registrations are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored by the shipping service provider are also logged.
17.5. The dispatch of the newsletter and the measurement of success are based on the consent of the recipients pursuant to Art. 6 Par. 1 lit. a, Art. 7 DSGVO in connection with § 107 Par. 2 TKG or on the legal permission pursuant to § 107 Par. 2 and 3 TKG.
17.6. The logging of the registration procedure is based on our legitimate interests in accordance with Art. 6 para. 1 lit. f DSGVO and serves as proof of consent to receive the newsletter.
17.7. Newsletter recipients can cancel the receipt of our newsletter at any time, i.e. revoke their consent. A link to cancel the newsletter can be found at the end of each newsletter. At the same time their consent to the performance measurement expires. A separate revocation of the performance measurement is unfortunately not possible, in which case the entire newsletter subscription must be cancelled. When you unsubscribe from the newsletter, your personal data will be deleted, unless their storage is legally required or justified, in which case their processing will be limited to these exceptional purposes only. In particular, we may store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before we delete them for the purposes of sending the newsletter, in order to be able to prove that we have previously given our consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time.