This data privacy statement informs you about the nature, scope and purpose of the processing of personal data (hereinafter referred to as "data") within Bardini+Keller ag and the associated websites and internal processes. With regard to the terms used, such as "processing" or “data controller", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Natural as well as legal persons who have made data available to Bardini+Keller AG for processing and/or storage, namely customers, service providers, suppliers and employees.
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter "data subject"); a natural person is considered identifiable if they can be identified, directly or indirectly, in particular by assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
"Processing" means any operation or set of operations that is performed in connection with personal data, whether or not by automatic means. The term is broad and includes virtually any handling of data.
"Pseudonymization" means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures that ensure that the personal data is not attributed to an identified or identifiable natural person.
"Profiling" means any automated processing of personal data that consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.
“Data controller" means the natural or legal person, public authority, agency or other body that alone or jointly with others determines the purposes and means of the processing of personal data.
"Processor" means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the data controller.
In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing. If the legal basis is not mentioned in the data privacy statement, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 Item a and Art. 7 GDPR, the legal basis for processing to fulfill our services and carry out contractual measures and respond to inquiries is Art. 6 Para. 1 Item b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 Item c GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 Para. 1 Item f GDPR. In the event that vital interests of the data subject or another natural person make the processing of personal data necessary, Art. 6 Para. 1 Item d GDPR serves as the legal basis.
We take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons.
The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access to, entry into, disclosure of, assurance of availability of and segregation of the data. Furthermore, we have established procedures to ensure the exercise of data subjects' rights, deletion of data, and response to data compromise. Furthermore, we take the protection of personal data into account even during the development and selection of hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 GDPR).
If, within the scope of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this is only done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as payment service providers, is required for the performance of the contract pursuant to Art. 6 Para. 1 Item b GDPR), if you have consented, if a legal obligation stipulates this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties with the processing of data on the basis of a so-called "order processing agreement", this is done on the basis of Art. 28 GDPR.
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using third-party services or disclosing or transferring data to third parties, this only takes place in order to fulfill our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or allow the processing of data in a third country if the special requirements of Art. 44 et seq. GDPR are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection that corresponds to the EU (e.g. by means of the "Privacy Shield” for the USA) or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
You have the right to request confirmation of whether the data in question is being processed and the right to receive information about this data, as well as to further information and a copy of the data in accordance with Art. 15 GDPR.
According to Art. 16 GDPR, you have the right to request the completion of the data concerning you or the correction of incorrect data concerning you.
According to Art. 17 GDPR, you have the right to demand that data concerning you be deleted immediately, or alternatively, according to Art. 18 GDPR, to demand restriction of the processing of the data.
You have the right to request the receipt of the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request that it be transferred to other data controllers.
Furthermore, you also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 GDPR.
You have the right to revoke consents granted according to Art. 7 Para. 3 GDPR with effect for the future.
According to Art. 21 GDPR, you may object to the future processing of data relating to you at any time. This objection may be made in particular to the processing for purposes of direct marketing.
“Cookies" are small files that are stored on users' computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offer. Temporary cookies, also known as "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes their browser. This kind of cookie may store, for example, the contents of a shopping cart in an online store or a login status. Cookies that remain stored even after the browser is closed are referred to as "permanent" or "persistent". For example, the login status can be stored if users visit the online offering several days later. Likewise, the interests of users can be stored in such a cookie, which is used for reach measurement or marketing purposes. “Third-party cookies" are cookies that are offered by providers other than the responsible party that operates the online offer (otherwise, if they are merely the responsible party’s own cookies, they are referred to as "first-party cookies").
We may use temporary and permanent cookies and provide information about this in our data privacy statement.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies may lead to functional restrictions of this online offer.
The data processed by us is deleted or restricted in its processing in accordance with Art. 17 and 18 GDPR. Unless expressly stated within the scope of this data protection declaration, the data stored by us is deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.
According to legal requirements in Germany, data is stored for 10 years pursuant to §§ 147 Para. 1 Fiscal Code, 257 Para. 1 No. 1 and 4, Para. 4 Commercial Code (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years pursuant to § 257 Para. 1 No. 2 and 3, Para. 4 Commercial Code (commercial letters).
According to legal requirements in Austria, storage takes place in particular for 7 years pursuant to § 132 Para. 1 Federal Fiscal Code (accounting records, vouchers/invoices, accounts, receipts, business papers, statement of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
We process the data of our customers within the scope of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, implementation of campaigns and processes/handling, server administration, data analysis/consulting services and training services.
In this context, we process inventory data (e.g. customer master data, such as names or addresses), contact data (e.g. email, telephone numbers), content data (e.g. text entries, photographs, videos), contract data (e.g. subject matter of contract, term), payment data (e.g. bank details, payment history), usage data and metadata (e.g. in the context of evaluating and measuring the success of marketing measures). As a matter of principle, we do not process special categories of personal data, unless these are components of commissioned processing. Data subjects include our customers, prospective customers as well as their customers, users, website visitors and employees as well as third parties. The purpose of the processing is the provision of contractual services, billing and our customer service. The legal bases for the processing are based on Art. 6 Para. 1 Item b GDPR (contractual services), Art. 6 Para. 1 Item f GDPR (analysis, statistics, optimization, security measures). We process data that is necessary for the justification and fulfillment of the contractual services and indicate the necessity of the provision of such data. Disclosure to external parties only takes place if it is necessary in the context of an order. When processing the data provided to us in the scope of an order, we act in accordance with the instructions of the client as well as the legal requirements of contract processing pursuant to Art. 28 GDPR and do not process the data for any other purposes than those specified in the order.
We delete the data after the expiry of legal warranty obligations and similar obligations. The necessity of the storage of the data is reviewed every three years; in the case of legal archiving obligations, deletion takes place after the expiry thereof (6 years pursuant to § 257 Para. 1 Commercial Code, 10 years pursuant to § 147 Para. 1 Fiscal Code). In the case of data disclosed to us by the client in the scope of an order, we delete the data in accordance with the specifications of the order, generally after the end of the order.
We process the data of our contractual partners and interested parties as well as other contracting entities, customers, clients or contractual partners (uniformly referred to as "contractual partners") in accordance with Art. 6 Para. 1 Item b GDPR, in order to provide them with our contractual or pre-contractual services. The data processed in this context and the type, scope and purpose and necessity of its processing are determined by the underlying contractual relationship.
The data processed includes the master data of our contractual partners (e.g. names and addresses), contact data (e.g. email addresses and telephone numbers) as well as contractual data (e.g. services used, contract contents, contractual communication, names of contact persons) and payment data (e.g. bank details, payment history).
As a matter of principle, we do not process special categories of personal data unless these are components of a commissioned or contractual processing.
We process data that is necessary for the justification and fulfillment of contractual services and indicate the necessity of the provision of this data if this is not evident to the contractual partners. Disclosure to external persons or companies takes place only if it is necessary in the context of a contract. When processing data provided to us in the scope of an order, we act in accordance with the instructions of the client as well as the legal requirements.
In the context of the use of our online services, we may store the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as the interests of users in protection against misuse and other unauthorized use. As a general principle, this data is not passed on to third parties unless this is necessary for the pursuit of our claims pursuant to Art. 6 Para. 1 Item f GDPR or there is a legal obligation to do so pursuant to Art. 6 Para. 1 Item c GDPR.
The deletion of the data takes place when the data is no longer required for the fulfillment of contractual or legal duties of care as well as for dealing with any warranty obligations and similar obligations, whereby the necessity of retaining the data is reviewed every three years; otherwise, the legal retention obligations apply.
We process data in the context of administrative tasks as well as the organization of our operations, financial accounting and compliance with legal obligations, such as archiving. In this context, we process the same data that we process in the course of providing our contractual services. The legal bases for processing are Art. 6 Para. 1 Item c GDPR, Art. 6 Para. 1 Item f GDPR. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in the administration, financial accounting, office organization and archiving of data, i.e. tasks that serve the maintenance of our business activities, performance of our tasks and provision of our services. The deletion of data with regard to contractual services and contractual communication corresponds to the data mentioned in these processing activities.
In this context, we disclose or transfer data to the tax authorities, consultants, such as tax advisors or auditors, as well as other fee offices and payment service providers.
Furthermore, based on our business interests, we store information on suppliers, event organizers and other business partners, e.g. for the purpose of contacting them at a later date. As a general rule, this data, most of which is company-related, is stored permanently.