Data PRIVACY POLICY STATEMENT OF THE LEOPOLD MUSEUM Private Foundation
1. Data protection overview
General information
The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can be used to identify you personally. Detailed information on the subject of data protection can be found in our data protection declaration listed below this text.
Data collection on this website
Who is responsible for data collection on this website?
Data processing on this website is carried out by the website operator. You can find the operator's contact details in the "Information on the controller" section of this privacy policy.
How do we collect your data?
On the one hand, your data is collected when you provide it to us. This may, for example, be data that you enter in a contact form.
Other data is collected automatically or with your consent by our IT systems when you visit the website. This is primarily technical data (e.g. internet browser, operating system or time of page view). This data is collected automatically as soon as you enter this website.
What do we use your data for?
Some of the data is collected to ensure that the website is provided without errors. Other data can be used to analyze your user behavior.
What rights do you have with regard to your data?
You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have the right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. You also have the right to request the restriction of the processing of your personal data under certain circumstances. You also have the right to lodge a complaint with the competent supervisory authority.
You can contact us at any time if you have further questions on the subject of data protection.
Analysis tools and tools from third-party providers
When you visit this website, your surfing behavior may be statistically evaluated. This is mainly done with so-called analysis programs. Detailed information on these analysis programs can be found in the following privacy policy.
2. Hosting
External hosting
This website is hosted by an external service provider (hoster). The personal data collected on this website is stored on the hoster's servers. This data may include IP addresses, contact requests, meta and communication data, contract data, contact details, names, website accesses and other data generated via a website.
The hoster is used for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 para. 1 lit. b GDPR) and in the interest of a secure, fast and efficient provision of our online offer by a professional provider (Art. 6 para.1 lit. f GDPR). If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user's terminal device (e.g. device fingerprinting) within the meaning of the TTDSG. Consent can be revoked at any time.
Our hoster will only process your data to the extent necessary to fulfill its performance obligations and follow our instructions with regard to this data.
We use the following hoster:
echonet communication GmbH
Rosenbursenstraße 2/Top 24, 1010 Vienna, Austria
3. General notes and mandatory information
Data protection
The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.
When you use this website, various personal data is collected. Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.
We would like to point out that data transmission over the Internet (e.g. when communicating by email) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible.
Note on the responsible body
The controller responsible for data processing on this website is:
Leopold Museum - Privatstiftung
Museumsplatz 1, 1070 Vienna, Austria
Phone: +43152570
E-mail: office@leopoldmuseum.org
The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, email addresses, etc.).
Storage duration
Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for data processing no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, the deletion will take place after these reasons no longer apply.
General information on the legal basis for data processing on this website
If you have consented to data processing, we process your personal data on the basis of Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR, insofar as special categories of data are processed in accordance with Art. 9 para. 1 GDPR. In the event of express consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Art. 49 para. 1 lit. a GDPR. If you have consented to the storage of cookies or access to information in your terminal device (e.g. via device fingerprinting), the data processing is also carried out on the basis of Section 25 (1) TTDSG. Consent can be revoked at any time. If your data is required to fulfill the contract or to carry out pre-contractual measures, we process your data on the basis of Art. 6 para. 1 lit. b GDPR. Furthermore, we process your data if this is necessary to fulfill a legal obligation on the basis of Art. 6 para. 1 lit. c GDPR. Data processing may also be carried out on the basis of our legitimate interest in accordance with Art. 6 para. 1 lit. f GDPR. Information on the relevant legal bases in each individual case is provided in the following paragraphs of this privacy policy.
Data Protection Officer
We have appointed a data protection officer.
Leopold Museum - Privatstiftung
Mag. Sabrina Oberlojer
Museumsplatz 1, 1070 Vienna, Austria
Phone: +43152570
E-mail: datenschutz@leopoldmuseum.org
Note on data transfer to the USA and other third countries
Among other things, we use tools from companies based in the USA or other third countries that are not secure under data protection law. If these tools are active, your personal data may be transferred to these third countries and processed there. We would like to point out that no level of data protection comparable to that in the EU can be guaranteed in these countries.
For example, US companies are obliged to hand over personal data to security authorities without you as the data subject being able to take legal action against this. It can therefore not be ruled out that US authorities (e.g. secret services) may process, evaluate and permanently store your data on US servers for surveillance purposes. We have no influence on these processing activities.
Revocation of your consent to data processing
Many data processing operations are only possible with your express consent. You can withdraw your consent at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.
Right to object to the collection of data in special cases and to direct marketing (Art. 21 GDPR)
If the data processing is based on Art. 6 Abs. 1 Lit. E or F GDPR, you have the right to object to the processing of your personal data at any time on grounds relating to your particular situation; this also applies to profiling based on these provisions. The respective legal basis on which processing is based can be found in this privacy policy. If you object, we will no longer process your personal data concerned unless we can demonstrate compelling legitimate grounds fort he processing which override your interests, rights and freedoms or the processing serves the establishment, exercise or defense of legal claims (objection pursuant to Art. 21 Para. 1 GDPR).
If your personal data are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling to the extent that it is related to such direct marketing. If you object, your personal data will subsequently no longer be used fort he purpose of direct marketing (objection pursuant to Art. 21 Para. 2 GDPR).
Right to lodge a complaint with the competent supervisory authority
In the event of breaches of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work or place of the alleged infringement. The right to lodge a complaint is without prejudice to other administrative or judicial remedies.
Right to data portability
You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only take place if it is technically feasible.
Information, deletion and correction
Within the framework of the applicable legal provisions, you have the right to free information about your stored personal data, its origin and recipients and the purpose of the data processing and, if necessary, a right to correction or deletion of this data at any time. You can contact us at any time if you have further questions on the subject of personal data.
Right to restriction of processing
You have the right to request the restriction of the processing of your personal data. You can contact us at any time to do this. The right to restriction of processing exists in the following cases:
- If you dispute the accuracy of your personal data stored by us, we generally need time to check this. You have the right to request the restriction of the processing of your personal data for the duration of the review.
- If the processing of your personal data was/is carried out unlawfully, you can request the restriction of data processing instead of erasure.
- If we no longer need your personal data, but you need it for the exercise, defense or assertion of legal claims, you have the right to request the restriction of the processing of your personal data instead of deletion.
- If you have lodged an objection pursuant to Art. 21 (1) GDPR, a balance must be struck between your interests and ours. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.
If you have restricted the processing of your personal data, this data - apart from its storage - may only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State.
SSL or TLS encryption
This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the padlock icon in the URL bar of your web browser.
If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
Encrypted payment transactions on this website
If there is an obligation to provide us with your payment data (e.g. account number for direct debit authorization) after the conclusion of a fee-based contract, this data is required for payment processing.
Payment transactions via the usual means of payment (Visa/MasterCard, direct debit) are made exclusively via an encrypted SSL or TLS connection. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the padlock icon in the URL bar of your web browser.
With encrypted communication, the payment data you transmit to us cannot be read by third parties.
Objection to advertising e-mails
We hereby object to the use of contact data published as part of our obligation to provide a legal notice for the purpose of sending unsolicited advertising and information material. The operators of this website expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.
4. Data collection on this website
Cookies
Our Internet pages use so-called "cookies". Cookies are small text files and do not cause any damage to your terminal device. They are stored on your device either temporarily for the duration of a session (session cookies) or permanently (permanent cookies). Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your terminal device until you delete them yourself or they are automatically deleted by your web browser.
In some cases, cookies from third-party companies may also be stored on your device when you visit our website (third-party cookies). These enable us or you to use certain services of the third-party company (e.g. cookies for processing payment services).
Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies are used to evaluate user behavior or display advertising.
Cookies that are required to carry out the electronic communication process, to provide certain functions that you have requested (e.g. for the shopping cart function) or to optimize the website (e.g. cookies to measure the web audience) (necessary cookies) are stored on the basis of Art. 6 para. 1 lit. f GDPR, unless another legal basis is specified. The website operator has a legitimate interest in the storage of necessary cookies for the technically error-free and optimized provision of its services. If consent to the storage of cookies and comparable recognition technologies has been requested, the processing is carried out exclusively on the basis of this consent (Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG); the consent can be revoked at any time.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be restricted.
If cookies are used by third-party companies or for analysis purposes, we will inform you about this separately in this privacy policy and, if necessary, request your consent.
Server log files
The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are
- Browser type and browser version
- Operating system used
- Referrer URL
- Host name of the accessing computer; time of the server request
- IP address
This data is not merged with other data sources.
This data is collected on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimization of its website - the server log files must be recorded for this purpose.
Request by e-mail or telephone
If you contact us by e-mail or telephone, we will store and process your inquiry, including all personal data (name, inquiry), for the purpose of processing your request. We will not pass on this data without your consent.
This data is processed on the basis of Art. 6 para. 1 lit. b GDPR if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the inquiries addressed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art. 6 para. 1 lit. a GDPR) if this has been requested; consent can be revoked at any time.
The data you send to us via contact requests will remain with us until you ask us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.
5. Analysis tools and advertising
Google Analytics
This website uses functions of the web analysis service Google Analytics. The provider is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.
Google Analytics enables the website operator to analyze the behavior of website visitors. The website operator receives various usage data, such as page views, length of visit, operating systems used and origin of the user. This data is assigned to the user's terminal device. It is not assigned to a user ID.
Google Analytics uses technologies that enable the recognition of the user for the purpose of analyzing user behavior (e.g. cookies or device fingerprinting). The information collected by Google about the use of this website is generally transmitted to a Google server in the USA and stored there.
The use of this service is based on your consent in accordance with Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG. Consent can be revoked at any time.
Data transfer to the USA is based on the standard contractual clauses of the EU Commission. You can find details here: https://privacy.google.com/businesses/controllerterms/mccs/
IP anonymization
We have activated the IP anonymization function on this website. This means that your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
Browser plugin
You can prevent the collection and processing of your data by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
You can find more information on how Google Analytics handles user data in Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=de.
Demographic characteristics in Google Analytics
This website uses the "demographic characteristics" function of Google Analytics to display suitable advertisements to website visitors within the Google advertising network. This allows reports to be generated that contain statements about the age, gender and interests of site visitors. This data comes from interest-based advertising from Google and from visitor data from third-party providers. This data cannot be assigned to a specific person. You can deactivate this function at any time via the ad settings in your Google account or generally prohibit the collection of your data by Google Analytics as described in the section "Objection to data collection".
Google DoubleClick
This website uses functions of Google DoubleClick. The provider is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland, (hereinafter "DoubleClick").
DoubleClick is used to show you interest-based advertisements throughout the Google advertising network. With the help of DoubleClick, the advertisements can be targeted to the interests of the respective viewer. For example, our advertising can be displayed in Google search results or in advertising banners that are linked to DoubleClick.
In order to be able to display interest-based advertising to users, DoubleClick must be able to recognize the respective viewer and assign the websites visited, clicks and other information on user behavior to them. For this purpose, DoubleClick uses cookies or comparable recognition technologies (e.g. device fingerprinting). The information collected is combined into a pseudonymous user profile in order to display interest-based advertising to the user concerned.
The use of this service is based on your consent in accordance with Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG.
Consent can be revoked at any time.
For more information on how to object to the advertisements displayed by Google, please refer to the following links: https://policies.google.com/technologies/ads and
https://adssettings.google.com/authenticated.
Facebook Pixel
This website uses Facebook's visitor action pixel to measure conversions. The provider of this service is Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. However, according to Facebook, the data collected is also transferred to the USA and other third countries.
This allows the behavior of site visitors to be tracked after they have been redirected to the provider's website by clicking on a Facebook ad. This allows the effectiveness of Facebook ads to be evaluated for statistical and market research purposes and future advertising measures to be optimized.
The data collected is anonymous to us as the operator of this website; we cannot draw any conclusions about the identity of the user. However, the data is stored and processed by Facebook so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes in accordance with the Facebook Data Usage Policy. This allows Facebook to place advertisements on Facebook pages and outside of Facebook. This use of the data cannot be influenced by us as the site operator.
The use of this service is based on your consent in accordance with Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG. Consent can be revoked at any time.
Data transfer to the USA is based on the standard contractual clauses of the EU Commission.
Details can be found on https://www.facebook.com/legal/EU_data_transfer_addendumand https://de-de.facebook.com/help/566994660333381.
Insofar as personal data is collected on our website with the help of the tool described here and forwarded to Facebook, we and Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland are jointly responsible for this data processing (Art. 26 GDPR). The joint responsibility is limited exclusively to the collection of the data and its transfer to Facebook. The processing carried out by Facebook after forwarding is not part of the joint responsibility. The obligations incumbent on us jointly have been set out in an agreement on joint processing. You can find the wording of the agreement at: https://www.facebook.com/legal/controller_addendum.
According to this agreement, we are responsible for providing data protection information when using the Facebook tool and for the secure implementation of the tool on our website in accordance with data protection law. Facebook is responsible for the data security of Facebook products. You can assert data subject rights (e.g. requests for information) regarding the data processed by Facebook directly with Facebook. If you assert your data subject rights with us, we are obliged to forward them to Facebook.
You can find further information on protecting your privacy in Facebook's privacy policy:
https://de-de.facebook.com/about/privacy/.
You can also deactivate the remarketing function "Custom Audiences" in the settings for advertisements at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. You must be logged in to Facebook to do this.
If you do not have a Facebook account, you can deactivate usage-based advertising from Facebook on the website of the European Interactive Digital Advertising Alliance: http://www.youronlinechoices.com/de/praferenzmanagement/.
6. Newsletter
Newsletter data
If you would like to receive the newsletter offered on the website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. No further data is collected, or only on a voluntary basis. We use this data exclusively for sending the requested information and do not pass it on to third parties.
The data entered in the newsletter registration form is processed exclusively on the basis of your consent (Art. 6 para. 1 lit. a GDPR). You can revoke your consent to the storage of the data, the e-mail address and its use for sending the newsletter at any time, for example via the "unsubscribe" link in the newsletter. The legality of the data processing operations that have already taken place remains unaffected by the revocation.
The data you provide us with for the purpose of subscribing to the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and deleted from the newsletter distribution list after you unsubscribe from the newsletter or after the purpose no longer applies. We reserve the right to delete or block e-mail addresses from our newsletter distribution list at our own discretion within the scope of our legitimate interest in accordance with Art. 6 para. 1 lit. f GDPR.
Data stored by us for other purposes remains unaffected by this.
After you unsubscribe from the newsletter distribution list, your e-mail address may be stored by us or the newsletter service provider in a blacklist if this is necessary to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR). Storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.
7. Plugins and tools
Google Web Fonts (local hosting)
This site uses so-called web fonts provided by Google for the uniform display of fonts. The Google fonts are installed locally. There is no connection to Google servers.
Further information on Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google's privacy policy: https://policies.google.com/privacy?hl=de.
MyFonts
This site uses MyFonts. These are fonts that are loaded into your browser when you visit our website in order to ensure a uniform typeface when displaying the website. The provider is Monotype Imaging Holdings Inc, 600 Unicorn Park Drive, Woburn, Massachusetts 01801, USA.
In order to check compliance with the license terms and the number of monthly page views, MyFonts transfers your IP address together with the URL of our website and our contract data to its servers in the USA. According to Monotype, your IP address is anonymized immediately after transmission so that no personal reference can be made (anonymization).
Details can be found in Monotype's privacy policy at https://www.monotype.com/de/rechtshinweise/datenschutzrichtlinie/datenschutzrichtlinie-zum-tracking-von-webschriften.
8. eCommerce and payment providers
Processing of customer and contract data
We collect, process and use personal customer and contract data to establish, structure the content of and amend our contractual relationships. We collect, process and use personal data about the use of this website (usage data) only insofar as this is necessary to enable the user to use the service or to bill the user.
The legal basis for this is Art. 6 para. 1 lit. b GDPR.
The customer data collected will be deleted after completion of the order or termination of the business relationship and expiry of any existing statutory retention periods. Statutory retention periods remain unaffected.
Data transmission upon conclusion of contract for online stores, retailers and shipping of goods
If you order goods from us, we will pass on your personal data to the transport company entrusted with the delivery and to the payment service provider commissioned to process the payment. Only the data required by the respective service provider to fulfill its task will be disclosed. The legal basis for this is Art. 6 para. 1 lit. b GDPR, which permits the processing of data for the fulfillment of a contract or pre-contractual measures. If you have given your consent in accordance with Art. 6 para. 1 lit. a GDPR, we will pass on your e-mail address to the transport company entrusted with the delivery so that it can inform you by e-mail about the shipping status of your order; you can revoke your consent at any time.
Data transmission upon conclusion of a contract for services and digital content
We only transfer personal data to third parties if this is necessary in the context of contract processing, for example to the credit institution responsible for processing payments.
Further transmission of the data will not take place or will only take place if you have expressly consented to the transmission. Your data will not be passed on to third parties without your express consent, for example for advertising purposes.
The basis for data processing is Art. 6 para. 1 lit. b GDPR, which permits the processing of data for the fulfillment of a contract or pre-contractual measures.
Payment services
We integrate payment services from third-party companies on our website. When you make a purchase from us, your payment details (e.g. name, payment amount, account details, credit card number) are processed by the payment service provider for the purpose of payment processing. The respective contractual and data protection provisions of the respective providers apply to these transactions. The payment service providers are used on the basis of Art. 6 para. 1 lit. b GDPR (contract processing) and in the interest of a smooth, convenient and secure payment process (Art. 6 para. 1 lit. f GDPR). Insofar as your consent is requested for certain actions, Art. 6 para. 1 lit. a GDPR is the legal basis for data processing; consent can be revoked at any time for the future.
We use the following payment services / payment service providers on this website:
- EPS
The provider of this payment service is PSA Payment Services Austria GmbH, Handelskai 92, Gate 2, 1200 Vienna (hereinafter referred to as "EPS"). Details can be found in the EPS privacy policy: https://eps-ueberweisung.at/de/datenschutzhinweis - giropay
The provider of this payment service is paydirekt GmbH, Stephanstraße 14 - 16, 60313 Frankfurt am Main (hereinafter referred to as "giropay"). Details can be found in giropay's privacy policy: https://www.paydirekt.de/agb/index.html. - Mastercard
The provider of this payment service is Mastercard Europe SA, Chaussée de Tervuren 198A, B-1410 Waterloo, Belgium (hereinafter referred to as "Mastercard"). Mastercard may transfer data to its parent company in the USA. The data transfer to the USA is based on Mastercard's Binding Corporate Rules. You can find details here: https://www.mastercard.de/de-de/datenschutz.html and https://www.mastercard.us/content/dam/mccom/global/documents/mastercard-bcrs.pdf. - VISA
The provider of this payment service is Visa Europe Services Inc, London Branch, 1 Sheldon Square, London W2 6TT, United Kingdom (hereinafter referred to as "VISA"). The UK is considered a safe third country under data protection law. This means that the UK has a level of data protection that corresponds to the level of data protection in the European Union. VISA may transfer data to its parent company in the USA. The data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.visa.de/nutzungsbedingungen/visa-globale- datenschutzmitteilung/mitteilung-zu- zustandigkeitsfragen-fur-den-ewr.html. Further information can be found in VISA's privacy policy: https://www.visa.de/nutzungsbedingungen/visa-privacy- center.html.
9. Whistleblowing
Purpose of the processing
The purpose of the processing is to implement the Federal Act on the Procedure and Protection of Information on Violations of the Law in Certain Legal Areas (Whistleblower Protection Act - HSchG) in the company and thus to comply with the relevant legal obligations. The HSchG serves the purpose of uncovering misconduct in the areas listed below and thus ensuring compliance with the law:
- Public procurement
- Financial services, financial products and financial markets as well as the prevention of money laundering and terrorist financing
- Product safety and conformity
- Road safety
- Environmental protection
- Radiation protection and nuclear safety
- Food and feed safety, animal health and animal welfare
- Public health
- Consumer protection
- Protection of privacy and personal data as well as security of network and information systems
- Prevention and punishment of criminal offenses pursuant to Sections 302 to 309 of the German Criminal Code (StGB)
- Breaches of the financial interests of the European Union and
- Violations of European internal market regulations
Legal basis
Art. 6 para. 1 lit c GDPR (fulfillment of a legal obligation; the provision or processing of the data is expressly permitted under the provisions of § 8 HSchG).
Type of data processed
- Contact details of the whistleblower (optional).
- Message from the whistleblower.
- Personal data contained in the message (e.g. in continuous text or in documents).
Affected persons
- Employees (also before the start and after the end of the employment relationship), applicants, interns, volunteers, apprentices
- Shareholders and persons who are members of the administrative, management or supervisory body,
- Self-employed
- Persons working under the supervision and management of contractors, subcontractors and suppliers
- Persons who support whistleblowers
- Other persons who could be affected by adverse consequences of the notification
- Persons who are the subject of the notification.
Data sources
- By the data subject themselves (e.g. information provided in the course of a notification; collection in the course of an investigation)
- From a whistleblower in the course of a report
- From other persons in the course of the investigation following a report
Recipients
Jank Weiler Operenyi Rechtsanwälte GmbH | Deloitte Legal. Sage GmbH (processor).
If necessary, investigating authorities, courts, lawyers, insurance companies to the extent required.
Retention period
Notifications: for a period of five (5) years and beyond, insofar as storage is required to carry out administrative or judicial proceedings that have already been initiated or an investigation under the German Code of Criminal Procedure (StPO).
Log data: three years after the end of the retention period for reports.
Rights of data subjects
In principle, you have the right to request information about the origin, any recipients, the purpose of data processing, rectification or correction, restriction of processing, blocking or erasure of your processed personal data and data portability. If you are of the opinion that the processing of your personal data is unlawful, you can object to the processing of your personal data.
You also have the right to lodge a complaint with the competent data protection supervisory authority. In Austria, the data protection authority is responsible for this (e-mail: dsb@dsb.gv.at; web: https://www.dsb.gv.at).
Please note that the exercise of some of these rights could hinder the effectiveness of the HSchG, in particular the submission of reports, the taking of follow-up measures and the guarantee of a whistleblower's anonymity. Accordingly, pursuant to Section 8 (9) HSchG, the following rights of a natural person affected by a whistleblower do not apply for as long as and to the extent necessary to protect the identity of a whistleblower or another of the above-mentioned persons concerned and to achieve the purposes of the HSchG, in particular to prevent attempts to prevent, undermine or delay whistleblowing or follow-up measures based on whistleblowing, in particular for the duration of administrative or judicial proceedings or investigations under the Code of Criminal Procedure:
- Right to information (Art. 13 and 14 GDPR),
- Right to information (Art. 15 GDPR),
- Right to rectification (Art. 16 GDPR),
- Right to erasure (Art. 17 GDPR),
- Right to restriction of processing (Art. 18 GDPR)
- Right to object (Art. 21 GDPR) and
- Right to notification of a personal data breach (Art. 34 GDPR).
10. Own services
Handling applicant data
We offer you the opportunity to apply to us (e.g. by e-mail or post). In the following, we inform you about the scope, purpose and use of your personal data collected as part of the application process. We assure you that your data will be collected, processed and used in accordance with applicable data protection law and all other statutory provisions and that your data will be treated in strict confidence.
Scope and purpose of data collection
If you send us an application, we will process your associated personal data (e.g. contact and communication data, application documents, notes taken during interviews, etc.) insofar as this is necessary to decide on the establishment of an employment relationship. The legal basis for this is § 26 BDSG under German law (initiation of an employment relationship), Art. 6 para. 1 lit. b GDPR (general contract initiation) and - if you have given your consent - Art. 6 para. 1 lit. a GDPR. Consent can be revoked at any time. Your personal data will only be passed on within our company to persons who are involved in processing your application.
If the application is successful, the data submitted by you will be stored in our data processing systems on the basis of § 26 BDSG and Art. 6 para. 1 lit. b GDPR for the purpose of implementing the employment relationship.
Data retention period
If we are unable to make you a job offer, you reject a job offer or withdraw your application, we reserve the right to retain the data you have submitted on the basis of our legitimate interests (Art. 6 para. 1 lit. f GDPR) for up to 6 months from the end of the application process (rejection or withdrawal of the application).
The data will then be deleted and the physical application documents destroyed. The retention serves in particular as evidence in the event of a legal dispute. If it is evident that the data will be required after the 6-month period has expired (e.g. due to an impending or pending legal dispute), the data will only be deleted when the purpose for further storage no longer applies.
Data may also be stored for longer if you have given your consent (Art. 6 para. 1 lit. a GDPR) or if statutory retention obligations prevent deletion.
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