Datenschutz – Mashcici

Introduction and Overview We have created this privacy policy (as of July 11, 2023) to explain to you, in accordance with the provisions of the General Data Protection Regulation (EU) 2016/679 and applicable national laws, which personal data (referred to as "data") we, as the data controller, and our commissioned data processors (e.g., providers), process, will process in the future, and what lawful options you have. The terms used in this policy are gender-neutral.

In brief, we provide comprehensive information about the data we process about you. While privacy policies often sound technical and use legal jargon, we have aimed to describe the most important aspects as simply and transparently as possible. Wherever helpful for clarity, technical terms are explained in a reader-friendly manner, and we include links to further information and use graphics. We communicate in clear and simple language that we only process personal data within our business activities when a legal basis is present. This is not feasible with brief, ambiguous, and legally technical explanations, as often found on the internet regarding privacy matters. We hope you find the following explanations interesting and informative, and perhaps discover some new information.

Should any questions remain, we kindly ask you to contact the responsible party mentioned below or follow the provided links and review additional information on third-party websites. Our contact information can also be found in the legal notice (impressum).

Scope

This privacy policy applies to all personal data processed by us within the company and to all personal data processed by companies we have commissioned (data processors). By personal data, we mean information as defined in Article 4(1) of the GDPR, such as a person's name, email address, and postal address. The processing of personal data allows us to offer and bill for our services and products, both online and offline. The scope of this privacy policy includes:

All online presences (websites, online shops) that we operate.
Social media presences and email communication.
Mobile apps for smartphones and other devices.

In short, this privacy policy applies to all areas in which personal data is structuredly processed within the company through the mentioned channels. If we enter into legal relationships with you outside of these channels, we will inform you separately, if applicable.

Legal Bases

In the following privacy policy, we provide transparent information about the legal principles and regulations, i.e., the legal bases of the General Data Protection Regulation, that enable us to process personal data.

Regarding EU law, we refer to Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016. You can read this EU General Data Protection Regulation online on EUR-Lex, the access to EU law, at https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32016R0679.

We process your data only if at least one of the following conditions applies:

Consent (Article 6(1)(a) GDPR): You have given us consent to process data for a specific purpose. An example would be storing data you entered into a contact form.

Contract (Article 6(1)(b) GDPR): To fulfill a contract or pre-contractual obligations with you, we process your data. For example, if we enter into a purchase contract with you, we will need certain personal information in advance.

Legal Obligation (Article 6(1)(c) GDPR): When we are subject to a legal obligation, we process your data. For example, we are legally obligated to retain invoices for accounting purposes, which usually contain personal data.

Legitimate Interests (Article 6(1)(f) GDPR): In case of legitimate interests that do not infringe on your fundamental rights, we reserve the right to process personal data. For example, we may need to process certain data to operate our website securely and efficiently. This processing constitutes a legitimate interest.

Further conditions, such as the exercise of official authority or public interest tasks and the protection of vital interests, generally do not apply to us. If such a legal basis were to be applicable, it would be indicated at the relevant place.

In addition to the EU regulation, national laws also apply:

In Austria, the Federal Act on the Protection of Personal Data (Data Protection Act), abbreviated DSG.
In Germany, the Federal Data Protection Act, abbreviated BDSG.

Should other regional or national laws apply, we will inform you in the following sections.

Contact Details of the Data

Controller If you have any questions regarding data protection or the processing of personal data, you can find the contact details of the responsible person or entity below:

Data Retention

As a general criterion, we only store personal data for as long as it is strictly necessary to provide our services and products.

(Note: The translation aims to accurately represent the original meaning and content in English. However, some parts of the text may require further review and refinement by a legal expert to ensure full compliance with data protection regulations in English-speaking regions.)

Deletion of Personal Data

This means that we will delete personal data as soon as the purpose for data processing no longer exists. In some cases, we are legally obligated to retain certain data even after the original purpose has ceased, for example, for accounting purposes.

If you wish to have your data deleted or withdraw your consent for data processing, we will promptly delete the data, to the extent no obligation to store it exists.

We will inform you below about the specific duration of each data processing, as far as we have further information on this.

Rights under the General Data Protection Regulation In accordance with Articles 13 and 14 of the GDPR, we inform you about the following rights, to ensure fair and transparent data processing:

Right to Information (Article 15 GDPR): You have the right to know whether we process data about you. If this is the case, you have the right to obtain a copy of the data and receive the following information:

The purpose of the processing.
The categories, i.e., the types of data being processed.
Recipients of the data and, if the data is transferred to third countries, how the security is ensured.
The storage duration of the data.
The right to rectification, erasure, or restriction of processing, as well as the right to object to processing.

The right to lodge a complaint with a supervisory authority (links to these authorities can be found below).
The source of the data, if we did not collect it directly from you.
Whether profiling is carried out, i.e., whether data is automatically evaluated to create a personal profile of you.

Right to Rectification (Article 16 GDPR): You have the right to have incorrect data corrected.

Right to Erasure ("Right to be Forgotten") (Article 17 GDPR): You have the right to request the deletion of your data.

Right to Restriction of Processing (Article 18 GDPR): You have the right to restrict the processing, meaning we may only store the data without further use.

Right to Data Portability (Article 20 GDPR): You have the right to receive your data in a commonly used format upon request.

Right to Object (Article 21 GDPR): You have the right to object to data processing. After receiving the objection, we will review it as soon as possible to determine if we can comply with it legally.

If the processing of your data is based on Article 6(1)(e) (public interest, exercise of official authority) or Article 6(1)(f) (legitimate interests), you can object to the processing. We will then promptly review whether we can legally comply with this objection.

(Note: The translation aims to accurately represent the original meaning and content in English. Some terms may require further refinement by a legal expert to ensure full compliance with data protection regulations in English-speaking regions.) Using Data for Direct Marketing If data is used for direct advertising, you can object to this type of data processing at any time. After that, we may no longer use your data for direct marketing purposes.

Objecting to Profiling

If data is used for profiling, you can also object to this type of data processing at any time. After that, we may no longer use your data for profiling.

Under certain circumstances, you have the right, according to Article 22 of the GDPR, not to be subject to a decision based solely on automated processing (e.g., profiling).

Right to Lodge a Complaint

According to Article 77 of the GDPR, you have the right to lodge a complaint. This means you can contact the data protection authority at any time if you believe that the processing of personal data violates the GDPR.

In summary, you have rights - don't hesitate to contact the responsible party listed above!

If you believe that the processing of your data violates data protection law or if your data protection rights have been violated in any way, you can lodge a complaint with the supervisory authority. In Austria, this is the Datenschutzbehörde (Data Protection Authority), and you can find their website at https://www.dsb.gv.at/. In Germany, there is a data protection officer for each federal state. For more information, you can contact the Federal Commissioner for Data Protection and Freedom of Information (BfDI). For our company, the following local data protection authority is responsible:

Explanation of Terms

Used We always strive to make our privacy policy as clear and understandable as possible. However, with technical and legal topics, this is not always easy. It often makes sense to use legal terms (e.g., personal data) or certain technical expressions (e.g., cookies, IP address). However, we do not want to use these terms without explanation. Below is an alphabetical list of important terms used in our privacy policy, which may not have been sufficiently explained in the previous sections. If these terms are taken from the GDPR and are definitions, we will also provide the GDPR texts and, if necessary, add our own explanations.

Processor Definition according to Article 4 of the GDPR: "In the sense of this regulation, the term 'processor' means a natural or legal person, authority, agency, or other body that processes personal data on behalf of the controller."

Explanation: As a company and website owner, we are responsible for all data we process from you. Besides the controllers, there may also be so-called processors. This includes any company or person who processes personal data on our behalf. Processors can include service providers such as tax consultants, hosting or cloud providers, payment or newsletter providers, or major companies like Google or Microsoft.

Consent Definition according to Article 4 of the GDPR: "The term 'consent' of the data subject means any freely given, specific, informed, and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her."

Explanation: Consent is typically obtained through a cookie consent tool on websites. You are probably familiar with this. When you first visit a website, you are usually asked via a banner if you agree to data processing or consent. Often, you can make individual settings and decide for yourself which data processing you allow and which you do not. If you do not give consent, no personal data from you may be processed. In principle, consent can also be given in writing, i.e., not through a tool.

Personal Data

Definition according to Article 4 of the GDPR: "The term 'personal data' means any information relating to an identified or identifiable natural person (‘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, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person."

Explanation: Personal data is any data that can identify you as a person. This typically includes data such as:

Name
Address
Email address
Postal address

Phone number
Date of birth
Identification numbers like social security number, tax identification number, ID number, or student ID number
Bank data like account number, credit information, account balances, and more.

According to the European Court of Justice (ECJ), your IP address is also considered personal data. IT experts can use your IP address to at least determine the approximate location of your device and subsequently identify you as the account holder. Therefore, storing an IP address also requires a legal basis under the GDPR. There are also "special categories" of personal data that are particularly sensitive. These include:

Racial and ethnic origin
Political opinions
Religious or philosophical beliefs
Trade union membership
Genetic data, such as data taken from blood or saliva samples

Biometric data (information about psychological, physiological, or behavioral characteristics that can identify a person)
Health data
Data concerning sexual orientation or sexual life

Profiling Definition according to Article 4 of the GDPR: "The term 'profiling' means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability.

Explanation: Profiling involves collecting various pieces of information about a person to gain insights into their characteristics or behavior. In the context of the web, profiling is often used for advertising purposes or credit checks. Web or advertising analysis programs, for instance, collect data about your behavior and interests on a website to create a specific user profile, enabling targeted advertising to a particular audience.

Controller: Definition according to Article 4 of the GDPR: "In the context of this Regulation, the term '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; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law."

Explanation: In our case, we are responsible for processing your personal data and thus act as the "controller." When we share collected data with other service providers for processing, they are considered "processors." A Data Processing Agreement (DPA) must be signed for such arrangements.

Processing: Definition according to Article 4 of the GDPR: "In the context of this Regulation, the term 'processing' means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure or destruction."

Note: When we refer to "processing" in our privacy policy, we mean any type of data processing. As mentioned in the original GDPR explanation above, this includes not only the collection but also the storage and processing of data. All texts are protected by copyright.

Source: Created with the Privacy Policy Generator from AdSimple

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