Data privacy notice
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INFORMATION ON DATA PROCESSING ACCORDING TO ARTICLE 13 AND 14 GENERAL DATA PROTECTION REGULATION (GDPR)
We hereby inform you about the processing of your personal data and your data protection claims and rights. The content and scope of the data processing depends largely on the products and services you have requested or agreed with you.
1. Who is the responsible data controller and who may you approach?
The responsible data controller is:
Obere Donaustraße 95
Phone: +43 1 533 87 10 -0
The Data Protection Officer can be reached by: firstname.lastname@example.org
2. Which data are processed and from which source do they originate?
We process those personal data which we receive from you in the framework of the account relationship or for which you have given your consent for processing. In addition, we process data that has been legitimately obtained from publicly available sources (such as company register, association register, land register or media).
Relevant personal data may include: your particulars and contact data (such as family name, address, date of birth and place of birth, nationality, etc.). In addition, this may include payment and clearing data (for example, payment orders, sales data in payment transactions), data from fulfilling our contractual obligations, financial status (such as internal scoring and rating categories), data on marketing and sales, electronic log and identification data, image and/or audio recordings, AML (Anti-Money Laundering) and compliance data as well as other data equivalent to the above categories.
3. For which purposes and on which legal basis are the data processed?
We process your personal data in accordance with the provisions laid down in the European General Data Protection Regulation (EU GDPR) and the Data Protection Act 2018.
- to perform contractual obligations (Art 6 (1) lit b GDPR):
The purpose of processing personal data (Art 4 (2) GDPR) is the provision of IT consulting, development and maintenance services in the field of automatic data-processing, organizational design, development, regulation of technical customer service as well as consulting and training services. The specific details relating to the purpose limitation of data processing addressed here are specified in the individual contractual documentation and terms and conditions (where applicable).
- to fulfil legal obligations (Art 6 (1) lit c GDPR):
The processing of personal data may also be required for the purpose of fulfilling various legal requirements.
- within the framework of your consent (Art 6 (1) lit. a GDPR):
If you consented to our processing your personal data subject to a purpose limitation (e.g. forwarding data to the recipients named in the consent, subscription of newsletter), your data will be processed only in accordance with the purposes established in the declaration of consent and subject to the scope agreed therein. Any consent issued may be withdrawn anytime with future effect.
- to preserve legitimate interests (Art 6 (1) lit f GDPR) generally:
Where required, data processing may be pursued in consideration of interests that benefit bat-groupware GmbH or third parties in order to preserve legitimate interests. The following cases constitute data processing that is required to preserve legitimate interests:
- consultation and exchange data with rating agencies (e.g. österreichischer Kreditschutzverband 1870) to calculcate credit and default risks;
- inspecting and optimizing the methods of requirements analysis and direct customer contact;
- advertising or marketing and opinion research, unless you have contradicted the useage of your data as laid down in Art 21 GDPR;
- measures to control business transactions and to improve services and products;
- measures to protect customers and employees and the property of bat-groupware GmbH;
- measures to prevent and to combat fraud;
- for the purpose of prosecution.
4. Who receives my data?
Innerhalb der bat-groupware GmbH erhalten diejenigen Stellen bzw. MitarbeiterInnen Ihre Daten, die diese zur Erfüllung der vertraglichen, gesetzlichen und aufsichtsrechtlichen Pflichten sowie berechtigten Interessen benötigen. Darüber hinaus erhalten von uns beauftragte Auftragsverarbeiter Ihre Daten, sofern diese die Daten zur Erfüllung ihrer jeweiligen Leistung benötigen. Sämtliche Auftragsverarbeiter sind vertraglich entsprechend dazu verpflichtet, Ihre Daten vertraulich zu behandeln und nur im Rahmen der Leistungserbringung zu verarbeiten. Bei Vorliegen einer gesetzlichen oder aufsichtsrechtlichen Verpflichtung können öffentliche Stellen und Institutionen Empfänger Ihrer personenbezogenen Daten sein.
5. What is the storage period for my data?
We process your personal data, insofar as is necessary, for the duration of the entire account relationship (from initiation to processing until termination of a contract) and, beyond this, according to statutory retention and documentation obligations as stipulated, among others, by the Austrian Business Code (UGB), the Austrian Federal Fiscal Code (BAO), Telecommunications Act 2003 (TKG 2003) etc. Moreover, the storage period must take into consideration the statutory periods of limitation which, according to the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB) may be up to 30 years in certain cases (the most commonly referred to period of limitation in practice is 3 years).
6. Which data protection rights do I have?
You have the right of access to your information, the right to rectification, the right to erasure or the right to restrict the processing of your personal data, the right to object to the processing as well as the right to data portability in accordance with the requirements stipulated under data protection laws. Complaints may be lodged with the Austrian Data Protection Authority, Wickenburggasse 8, 1080 Vienna.
7. Am I obliged to provide data?
Within the context of the account relationship you must provide such personal data as is necessary for the account relationship to commence and to be performed, the collection of which we are obliged to pursue by law. If you do not provide said data to us, we will reject the formation of the contract or the performance of the contract in general, or will no longer be able to perform the existing contract and consequently, will have to terminate it. However, you are not obliged to issue your consent to the processing of data which are irrelevant or not required by law or regulatory provisions in relation to the fulfilment of the contract.
8. Is there any automated decision-making or profiling?
bat-groupware GmbH do not use fully-automated decision-making methods or profiling.