Information in accordance with the duty to inform pursuant to §5 E-Commerce Act, §14 Austrian Commercial Code, §63 Industrial Code and duty of disclosure pursuant to §25 Media Act.
Matthias Jessl (personal website and blog)
1070 Vienna,
Austria
Phone: +43 664 456 8382
E-mail: office@mjessl.com
Contact details of the person responsible for data protection
If you have any questions about data protection, you will find the contact details of the person or body
responsible below:
see above
1. EU dispute resolution
In accordance with the Regulation on Online Dispute Resolution in Consumer Matters (ODR Regulation), we
would like to inform you about the online dispute resolution platform (ODR platform).
Consumers have the opportunity to submit
complaints to the European Commission's online dispute resolution platform at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE. You will
find the necessary contact details above in our legal notice.
However, we would like to point out that we are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Liability for the content of this website
We are constantly developing the content of this website and endeavour to provide correct and up-to-date information. Unfortunately, we cannot accept any liability for the accuracy of all content on this website, especially for that provided by third parties. As a service provider, we are not obliged to monitor the information transmitted or stored by you or to investigate circumstances that indicate illegal activity.
Our obligations to remove information or to block the use of information in accordance with the general laws due to court or official orders remain unaffected even in the case of our non-responsibility.
If you notice any problematic or illegal content, please contact us immediately so that we can remove the illegal content. You will find the contact details in the imprint.
3. Liability for links on this website
Our website contains links to other websites for whose content we are not responsible. We are not liable for linked websites, as we had and have no knowledge of illegal activities, we have not noticed any such illegal activities and we would remove links immediately if we became aware of any illegal activities.
If you notice any illegal links on our website, please contact us. You will find the contact details in the imprint.
4. Copyright notice
All contents of this website (images, photos, texts, videos) are subject to copyright. Please ask us before you distribute, reproduce or utilise the content of this website, for example by republishing it on other websites. If necessary, we will take legal action against unauthorised use of parts of the content of our website.
If you find any content on this website that violates copyright law, please contact us.
5. Picture credits
The images, photos and graphics on this website are protected by copyright.
The image rights are held by Matthias Jessl
All texts are protected by copyright.
1. Table of contents
2. Introduction and overview
We have prepared this privacy policy (version 19.04.2024-112769044) in order to explain to you, in accordance with the requirements
of the General Data Protection Regulation (EU) 2016/679 and applicable national laws, which personal data (data for short) we as the controller - and the processors commissioned by us (e.g.
providers) - process, will process in the future and what lawful options you have. The terms used are to be understood as gender-neutral.
In short: We provide you with comprehensive
information about the data we process about you.
Data protection declarations usually sound very technical and use legal jargon. This privacy policy, on the other hand, is intended
to describe the most important things to you as simply and transparently as possible. Where it is conducive to transparency, technical terms are explained in a reader-friendly way, links to further
information are provided and graphics are used. We thus inform you in clear and simple language that we only process personal data as part of our business activities if there is a
corresponding legal basis. This is certainly not possible by providing explanations that are as concise, unclear and legal-technical as possible, as is often standard on the Internet when
it comes to data protection. I hope you find the following explanations interesting and informative and perhaps there is one or two pieces of information that you did not yet
know.
If you still have questions, we would like to ask you to contact the responsible body named below or in the legal notice, to follow
the links provided and to look at further information on third-party websites. Our contact details can of course also be found in the legal notice.
3. Area of application
This privacy policy applies to all personal data processed by us in the company and to all personal data processed by companies commissioned by us (processors). By personal data, we mean information within the meaning of Art. 4 No. 1 GDPR, such as a person's name, email address and postal address. The processing of personal data ensures that we can offer and invoice our services and products, whether online or offline. The scope of this privacy policy includes
In short, the privacy policy applies to all areas in which personal data is processed in the company in a structured manner via the channels mentioned. If we enter into legal relationships with you outside of these channels, we will inform you separately if necessary.
4. Legal basis
In the following privacy policy, we provide you with transparent information on the legal principles and regulations, i.e. the legal
basis of the General Data Protection Regulation, which enable us to process personal data.
As far as EU law is concerned, we refer to REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016.
You can of course read
this EU General Data Protection Regulation online at EUR-Lex, the gateway to EU law, at https://eur-lex.europa.eu/legal-content/DE/ALL/?uri=celex%3A32016R0679.
We only process your data if at least one of the following conditions applies:
1. Consent (Article 6(1)(a) GDPR): You have given us your consent to process data for a specific purpose. An example would be the storage of the data you have entered in a contact form.
2. Contract (Article 6(1)(b) GDPR): In order to fulfil a contract or pre-contractual obligations with you, we process your data. For example, if we conclude a purchase contract with you, we need personal information in advance.
3. Legal obligation (Article 6(1)(c) GDPR): If we are subject to a legal obligation, we process your data. For example, we are legally obliged to keep invoices for accounting purposes. These usually contain personal data.
4. Legitimate interests (Article 6(1)(f) GDPR): In the case of legitimate interests that do not restrict your fundamental rights, we reserve the right to process personal data. For example, we need to process certain data in order to operate our website securely and efficiently. This processing is therefore a legitimate interest.
Other conditions such as the fulfilment of recording in the public interest and the exercise of official authority as well as the protection of vital interests do not generally arise for us. If such a legal basis is relevant, it will be indicated at the appropriate point.
In addition to the EU regulation, national laws also apply:
If other regional or national laws apply, we will inform you of this in the following sections.
5. Contact details of the person responsible
If you have any questions about data protection or the processing of personal data, you will find the contact details of the person or organisation responsible below:
Matthias Jessl
E-mail: office@mjessl.com
Phone: +43 664 456 8382
Imprint: https://www.mjessl.com/impressum/
6. Storage duration
It is a general criterion for us that we only store personal data for as long as is absolutely necessary for the provision of our services and products. This means that we delete personal data as soon as the reason for the data processing no longer exists. In some cases, we are legally obliged to store certain data even after the original purpose has ceased to exist, for example for accounting purposes.
If you wish your data to be deleted or revoke your consent to data processing, the data will be deleted as quickly as possible and insofar as there is no obligation to store it.
We will inform you below about the specific duration of the respective data processing if we have further information on this.
7. Rights under the General Data Protection Regulation
In accordance with Articles 13, 14 GDPR, we inform you of the following rights to which you are entitled in order to ensure fair and transparent processing of data:
In short: You have rights - do not hesitate to contact the responsible office listed above!
If you believe that the processing of your data violates data protection law or that your data protection rights have been violated in any other way, you can lodge a complaint with the supervisory authority. For Austria, this is the data protection authority, whose website can be found 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). The following local data protection authority is responsible for our company:
8. Austria Data Protection Authority
Head: Dr Matthias Schmidl
Address: Barichgasse 40-42, 1030
Vienna
Telephone number: +43 1 52
152-0
E-mail address: dsb@dsb.gv.at
Website: https://www.dsb.gv.at/
9. Security of data processing
We have implemented both technical and organisational measures to protect personal data. Where possible, we encrypt or pseudonymise personal data. In this way, we make it as difficult as possible for third parties to infer personal information from our data.
Art. 25 GDPR refers to "data protection by design and by default", meaning that both software (e.g. forms) and hardware (e.g. access to the server room) should always be designed with security in mind and appropriate measures should be taken. If necessary, we will go into more detail on specific measures below.
10. TLS encryption with https
TLS, encryption and https sound very technical - and they are. We use HTTPS (the Hypertext Transfer Protocol Secure stands for
"secure hypertext transfer protocol") to transmit data tap-proof on the Internet.
This means that the complete transmission of all data from your browser to our web server is secured - nobody can "listen
in".
We have thus introduced an additional layer of security and fulfil data protection by design (Article 25(1) GDPR). By
using TLS (Transport Layer Security), an encryption protocol for secure data transmission on the Internet, we can ensure the protection of confidential data.
You can recognise the use of this data transmission security by the small lock symbol at the top left of the browser, to the left of
the Internet address (e.g. examplepage.com) and the use of the https scheme (instead of http) as part of our Internet address.
If you would like to know more about encryption, we recommend a Google search for "Hypertext Transfer Protocol Secure wiki" to
obtain good links to further information.
11. Communication
Communication summary |
If you contact us and communicate with us by telephone, e-mail or online form, personal data may be processed.
The data is processed for the handling and processing of your enquiry and the associated business transaction. The data will be stored for as long as required by law.
a. Persons concerned
All those who seek contact with us via the communication channels provided by us are affected by the aforementioned processes.
b. Telephone
When you call us, the call data is stored pseudonymised on the respective end device and with the telecommunications provider used. In addition, data such as your name and telephone number may subsequently be sent by e-mail and stored for the purpose of responding to your enquiry. The data is deleted as soon as the business transaction has been completed and legal requirements permit.
c. e-mail
If you communicate with us by email, data may be stored on the respective end device (computer, laptop, smartphone, etc.) and data may be stored on the email server. The data will be deleted as soon as the business transaction has been completed and legal requirements permit.
d. Online forms
If you communicate with us using an online form, data is stored on our web server and may be forwarded to one of our e-mail addresses. The data will be deleted as soon as the business transaction has been completed and legal requirements permit.
c. Legal basis
The processing of the data is based on the following legal bases:
12. Cookies
Cookies summary |
13. What are cookies?
Our website uses HTTP cookies to store user-specific data.
Below we explain what cookies are and why they are used so that you can better understand the following privacy policy.
Whenever you surf the internet, you use a browser. Well-known browsers include Chrome, Safari, Firefox, Internet Explorer and Microsoft Edge. Most websites store small text files in your browser. These files are called cookies.
One thing cannot be denied: Cookies are really useful little helpers. Almost all websites use cookies. More precisely, they are HTTP cookies, as there are also other cookies for other areas of application. HTTP cookies are small files that are stored on your computer by our website. These cookie files are automatically stored in the cookie folder, the "brain" of your browser, so to speak. A cookie consists of a name and a value. When defining a cookie, one or more attributes must also be specified.
Cookies store certain user data about you, such as language or personal page settings. When you visit our site again, your browser transmits the "user-related" information back to our site. Thanks to cookies, our website knows who you are and offers you the settings you are used to. In some browsers, each cookie has its own file; in others, such as Firefox, all cookies are stored in a single file.
The following graphic shows a possible interaction between a web browser such as Chrome and the web server. The web browser requests a website and receives a cookie back from the server, which the browser uses again as soon as another page is requested.
There are both first-party cookies and third-party cookies. First-party cookies are created directly by our website, third-party cookies are created by partner websites (e.g. Google Analytics). Each cookie must be evaluated individually, as each cookie stores different data. The expiry time of a cookie also varies from a few minutes to a few years. Cookies are not software programmes and do not contain viruses, Trojans or other "malware". Cookies also cannot access information on your PC.
Cookie data can look like this, for example:
Name: _ga
Wert: GA1.2.1326744211.152112769044-9
Purpose: Differentiation of website
visitors
Expiry date: after 2 years
A browser should be able to support these minimum sizes:
14. What types of cookies are there?
The question of which cookies we use in particular depends on the services used and is clarified in the following sections of the privacy policy. At this point, we would like to briefly explain the different types of HTTP cookies.
A distinction can be made between 4 types of cookies:
Essential cookies
These cookies are necessary to ensure basic website functions. For example, these cookies are needed when a user places a product in
the shopping basket, then continues surfing on other pages and only goes to the checkout later. These cookies ensure that the shopping basket is not deleted even if the user closes their
browser window.
Purposeful cookies
These cookies collect information about user behaviour and whether the user receives any error messages. These cookies are also used
to measure the loading time and the behaviour of the website with different browsers.
Targeted cookies
These cookies ensure better user-friendliness. For example, entered locations, font sizes or form data are saved.
Advertising cookies
These cookies are also known as targeting cookies. They are used to deliver customised advertising to the user. This can be very
practical, but also very annoying.
When you visit a website for the first time, you are usually asked which of these cookie types you would like to allow. And of course this decision is also stored in a cookie.
If you would like to know more about cookies and are not afraid of technical documentation, we recommend https://datatracker.ietf.org/doc/html/rfc6265, the Request for Comments of the Internet Engineering Task Force (IETF) called "HTTP State Management Mechanism".
15. Purpose of processing via cookies
The purpose ultimately depends on the cookie in question. You can find more details on this below or from the manufacturer of the software that sets the cookie.
16. What data is processed?
Cookies are little helpers for many different tasks. Unfortunately, it is not possible to generalise which data is stored in cookies, but we will inform you about the processed or stored data in the following privacy policy.
17. Storage duration of cookies
The storage period depends on the cookie in question and is specified below. Some cookies are deleted after less than an hour, others can remain stored on a computer for several years.
You can also influence the storage period yourself. You can delete all cookies manually at any time via your browser (see also "Right to object" below). Furthermore, cookies that are based on consent will be deleted at the latest after you withdraw your consent, whereby the legality of the storage until then remains unaffected.
18. Right to object - how can I delete cookies?
You decide how and whether you want to use cookies. Regardless of which service or website the cookies originate from, you always have the option of deleting, deactivating or only partially allowing cookies. For example, you can block third-party cookies but allow all other cookies.
If you want to find out which cookies have been stored in your browser, if you want to change or delete cookie settings, you can find this in your browser settings:
If you generally do not want to have cookies, you can set up your browser so that it always informs you when a cookie is to be set. You can then decide for each individual cookie whether or not to allow it. The procedure differs depending on the browser. It is best to search for the instructions in Google using the search term "delete cookies Chrome" or "deactivate cookies Chrome" in the case of a Chrome browser.
19. Legal basis
The so-called "Cookie Guidelines" have been in place since 2009. These state that the storage of cookies requires your consent (Article 6(1)(a) GDPR). However, there are still very different reactions to these directives within the EU countries. In Austria, however, this directive was implemented in Section 165 (3) of the Telecommunications Act (2021). In Germany, the cookie directives have not been implemented as national law. Instead, this directive was largely implemented in Section 15 (3) of the Telemedia Act (TMG).
For strictly necessary cookies, even if no consent has been given, there are legitimate interests (Article 6(1)(f) GDPR), which in most cases are of an economic nature. We want to provide visitors to the website with a pleasant user experience and certain cookies are often absolutely necessary for this.
If cookies that are not absolutely necessary are used, this will only take place with your consent. The legal basis in this respect is Art. 6 para. 1 lit. a GDPR.
In the following sections, you will be informed in more detail about the use of cookies if the software used utilises cookies.
20. Webhosting introduction
Web hosting summary |
21. What is web hosting?
When you visit websites these days, certain information - including personal data - is automatically created and stored, including on this website. This data should be processed as sparingly as possible and only with justification. By website, by the way, we mean the entirety of all web pages on a domain, i.e. everything from the start page (homepage) to the very last subpage (like this one). By domain we mean, for example, example.de or example.com.
If you want to view a website on a computer, tablet or smartphone, you use a programme called a web browser. You probably know a few web browsers by name: Google Chrome, Microsoft Edge, Mozilla Firefox and Apple Safari. We call them browsers or web browsers for short.
To display the website, the browser must connect to another computer where the website code is stored: the web server. Operating a web server is a complicated and time-consuming task, which is why this is usually done by professional providers. These providers offer web hosting and thus ensure reliable and error-free storage of website data. A lot of technical terms, but please stay tuned, it will get even better!
When the browser on your computer (desktop, laptop, tablet or smartphone) connects and during data transfer to and from the web server, personal data may be processed. On the one hand, your computer stores data; on the other hand, the web server must also store data for a certain period of time to ensure proper operation.
A picture is worth a thousand words, so the following graphic illustrates the interaction between the browser, the Internet and the hosting provider.
22. Why do we process personal data?
The purposes of data processing are:
1. Professional website hosting and operational security
2. to maintain operational and IT security
3. Anonymous evaluation of access behaviour to improve our offer and, if necessary, for criminal prosecution or prosecution of claims
23. What data is processed?
Even while you are currently visiting our website, our web server, i.e. the computer on which this website is stored, usually automatically saves data such as
24. How long is data stored?
As a rule, the above-mentioned data is stored for a fortnight and then automatically deleted. We do not pass this data on, but we cannot rule out the possibility of this data being viewed by the authorities in the event of unlawful behaviour.
In short: Your visit is logged by our provider (company that runs our website on special computers (servers)), but we do not pass on your data without your consent!
25. Legal basis
The lawfulness of the processing of personal data in the context of web hosting results from Art. 6 para. 1 lit. f GDPR (protection of legitimate interests), because the use of professional hosting with a provider is necessary in order to present the company securely and user-friendly on the Internet and to be able to pursue attacks and claims from this if necessary.
As a rule, there is a contract between us and the hosting provider for order processing in accordance with Art. 28 f. GDPR, which ensures compliance with data protection and guarantees data security.
26. Web hosting provider External privacy policy
Below you will find the contact details of our external hosting provider, where, in addition to the information above, you can find out more about data processing:
Hostmaster Jimdo
Jimdo GmbH
Stresemannstrasse 375, 22761 Hamburg, Germany
You can find out more about data processing by this provider in the privacy policy.
27. Social media introduction
Social media privacy policy summary |
28. What is social media?
In addition to our website, we are also active on various social media platforms. User data may be processed so that we can target users who are interested in us via the social networks. In addition, elements of a social media platform may also be embedded directly in our website. This is the case, for example, if you click on a social button on our website and are forwarded directly to our social media presence. Social media refers to websites and apps through which registered members can produce content, share content openly or in specific groups and network with other members.
29. Why do we use social media?
For years, social media platforms have been the place where people communicate and socialise online. With our social media presence, we can bring our products and services closer to interested parties. The social media elements integrated on our website help you to switch to our social media content quickly and without complications.
The data that is stored and processed through your use of a social media channel is primarily used to carry out web analyses. The aim of these analyses is to be able to develop more precise and personalised marketing and advertising strategies. Depending on your behaviour on a social media platform, the analysed data can be used to draw conclusions about your interests and create user profiles. This also enables the platforms to present you with customised advertisements. Cookies are usually set in your browser for this purpose, which store data on your user behaviour.
As a rule, we assume that we remain responsible under data protection law, even if we use the services of a social media platform. However, the European Court of Justice has ruled that in certain cases the operator of the social media platform may be jointly responsible with us within the meaning of Art. 26 GDPR. If this is the case, we will point this out separately and work on the basis of an agreement to this effect. The essence of the agreement is then reproduced below for the platform concerned.
Please note that when using the social media platforms or our built-in elements, your data may also be processed outside the European Union, as many social media channels, such as Facebook or Twitter, are American companies. As a result, you may not be able to claim or enforce your rights in relation to your personal data as easily.
30. What data is processed?
Exactly which data is stored and processed depends on the respective provider of the social media platform. However, it usually involves data such as telephone numbers, email addresses, data that you enter in a contact form, user data such as which buttons you click, who you like or follow, when you visited which pages, information about your device and your IP address. Most of this data is stored in cookies. Especially if you yourself have a profile on the social media channel you are visiting and are logged in, data can be linked to your profile.
All data that is collected via a social media platform is also stored on the provider's servers. This means that only the providers have access to the data and can provide you with the appropriate information or make changes.
If you want to know exactly what data is stored and processed by the social media providers and how you can object to the data processing, you should carefully read the respective company's privacy policy. We also recommend that you contact the provider directly if you have any questions about data storage and data processing or wish to assert corresponding rights.
31. Duration of data processing
We will inform you about the duration of data processing below if we have further information on this. For example, the social media platform Facebook stores data until it is no longer required for its own purposes. However, customer data that is compared with our own user data is deleted within two days. In general, we only process personal data for as long as is absolutely necessary for the provision of our services and products. If required by law, for example in the case of accounting, this storage period may be exceeded.
32. Right of objection
You also have the right and the option to withdraw your consent to the use of cookies or third-party providers such as embedded social media elements at any time. This works either via our cookie management tool or via other opt-out functions. For example, you can also prevent data collection by cookies by managing, deactivating or deleting cookies in your browser.
As social media tools may use cookies, we also recommend that you read our general privacy policy on cookies. To find out exactly which of your data is stored and processed, you should read the privacy policies of the respective tools.
33. Legal basis
If you have consented to your data being processed and stored by integrated social media elements, this consent is the legal basis for data processing (Art. 6 para. 1 lit. a GDPR). In principle, your data will also be stored and processed on the basis of our legitimate interest (Art. 6 para. 1 lit. f GDPR) in fast and good communication with you or other customers and business partners if you have given your consent. Nevertheless, we only use the tools if you have given your consent. Most social media platforms also set cookies in your browser to store data. We therefore recommend that you read our data protection text on cookies carefully and consult the privacy policy or cookie guidelines of the respective service provider.
Information on specific social media platforms - if available - can be found in the following sections.
34. Blogs and publication media Introduction
Blogs and publication media Privacy policy summary |
35. What are blogs and publication media?
We use blogs or other means of communication on our website with which we can communicate with you on the one hand and you with us on the other. We may also store and process your data in the process. This may be necessary so that we can display content appropriately, communication works and security is increased. In our data protection text, we generally explain which of your data may be processed. Exact details on data processing always depend on the tools and functions used. You can find detailed information on data processing in the data protection notices of the individual providers.
36. Why do we use blogs and publication media?
Our greatest concern with our website is to offer you interesting and exciting content and at the same time your opinions and content are also important to us. That's why we want to create a good interactive exchange between us and you. With various blogs and publication options, we can achieve exactly that. For example, you can write comments on our content, comment on other comments or, in some cases, write articles yourself.
37. What data is processed?
Exactly which data is processed always depends on the communication functions we use. Very often, the IP address, user name and published content are stored. This is primarily done to ensure security protection, to prevent spam and to be able to take action against illegal content. Cookies can also be used for data storage. These are small text files that are stored with information in your browser. You can find more information on the data collected and stored in our individual sections and in the privacy policy of the respective provider.
38. Duration of data processing
We will inform you about the duration of data processing below if we have further information on this. For example, contribution and comment functions store data until you revoke the data storage. In general, personal data is only stored for as long as is absolutely necessary for the provision of our services.
39. Right of objection
You also have the right and the option to withdraw your consent to the use of cookies or third-party communication tools at any time. This works either via our cookie management tool or via other opt-out functions. For example, you can also prevent data collection by cookies by managing, deactivating or deleting cookies in your browser.
As publication media may also use cookies, we also recommend that you read our general privacy policy on cookies. To find out exactly which of your data is stored and processed, you should read the privacy policies of the respective tools.
40. Legal basis
We use the means of communication mainly on the basis of our legitimate interests (Art. 6 para. 1 lit. f GDPR) in fast and good communication with you or other customers, business partners and visitors. Insofar as the use serves the processing of contractual relationships or their initiation, the legal basis is also Art. 6 para. 1 sentence 1 lit. b. GDPR.
Certain processing operations, in particular the use of cookies and the use of comment or message functions, require your consent. If and insofar as you have consented to your data being processed and stored by integrated publication media, this consent is the legal basis for data processing (Art. 6 para. 1 lit. a GDPR). Most of the communication functions we use set cookies in your browser to store data. We therefore recommend that you read our data protection text on cookies carefully and view the privacy policy or cookie guidelines of the respective service provider.
Information on special tools - if available - can be found in the following sections.
41. Blog posts and comment functions Privacy policy
There are various online communication tools that we can use on our website. For example, we use blog posts and comment functions. This gives you the opportunity to comment on content or write articles. If you use this function, your IP address may be stored for security reasons. In this way, we protect ourselves against illegal content such as insults, unauthorised advertising or prohibited political propaganda. In order to recognise whether comments are spam, we may also store and process user information on the basis of our legitimate interest. If we start a survey, we also store your IP address for the duration of the survey so that we can ensure that all participants only vote once. Cookies may also be used for the purpose of storage. All data that we store about you (such as content or personal information) will remain stored until you object.
42. Explanation of terms used
We always endeavour to write our privacy policy as clearly and comprehensibly as possible. However, this is not always easy, especially when it comes to technical and legal topics. It often makes sense to use legal terms (such as personal data) or certain technical terms (such as cookies, IP address). However, we do not want to use these without explanation. Below you will find an alphabetical list of important terms used, which we may not have sufficiently addressed in the previous privacy policy. If these terms have been taken from the GDPR and are definitions, we will also quote the GDPR texts here and add our own explanations if necessary.
43. Processor
Definition according to Article 4 of the GDPR
For the purposes of this Regulation, the term:
"Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
Explanation: As a company and website owner, we are responsible for all data that we process from you. In addition to controllers, there may also be so-called processors. This includes any company or person that processes personal data on our behalf. In addition to service providers such as tax consultants, processors can therefore also be hosting or cloud providers, payment or newsletter providers or large companies such as Google or Microsoft.
44. Consent
Definition according to Article 4 of the GDPR
For the purposes of this Regulation, 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: As a rule, websites obtain such consent via a cookie consent tool. You are probably familiar with this. Whenever you visit a website for the first time, you are usually asked via a banner whether you agree or consent to data processing. In most cases, you can also make individual settings and thus decide for yourself which data processing you allow and which you do not. If you do not give your consent, your personal data may not be processed. In principle, consent can of course also be given in writing, i.e. not via a tool.
45. Personal data
Definition according to Article 4 of the GDPR
For the purposes of this Regulation, the term:
"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 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 therefore all data that can identify you as a person. This is usually data such as
According to the European Court of Justice (ECJ), your IP address is also considered personal data. IT experts can use your IP address to determine at least the approximate location of your device and subsequently identify you as the owner of the connection. Therefore, the storage of an IP address also requires a legal basis within the meaning of the GDPR. There are also so-called "special categories" of personal data, which are also particularly worthy of protection. These include
46. Profiling
Definition according to Article 4 of the GDPR
For the purposes of this Regulation, 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 analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
Explanation: Profiling involves collecting various pieces of information about a person in order to find out more about them. In the web sector, profiling is often used for advertising purposes or for credit checks. Web and advertising analysis programs collect data about your behaviour and interests on a website, for example. This results in a special user profile that can be used to target advertising to a specific target group.
47. Person responsible
Definition according to Article 4 of the GDPR
For the purposes 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 the processing of your personal data and are therefore the "controller". If we pass on collected data to other service providers for processing, they are "processors". An "order processing contract (AVV)" must be signed for this.
48. Processing
Definition according to Article 4 of the GDPR
For the purposes 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, organisation, 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 kind of data processing. As mentioned above in the original GDPR declaration, this includes not only the collection but also the storage and processing of data.
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Source: Created with the Privacy Generator Austria by AdSimple in German and translated to English via Deepl.