data & privacy protection

Name and contact of the responsible person according to article 4 (7) DSGVO

Burgerstein GmbH
Währinger Strasse 20/12
1090 Wien
Österreich

Phone +43 (0)1 309 33 25 0
Fax +43 (0)1 310 31 28
E-Mail: service@burgerstein.at
Website: www.burgerstein.at

Data Protection Officer

Burgerstein GmbH
Währinger Straße 20/12
A-1090 Wien
Österreich

Phone: +43 (0)1 309 33 25 20
E-Mail: service@burgerstein.at

 We consider it our primary responsibility to maintain the confidentiality of the personal data you provide to us and to protect it from unauthorized access. Therefore, we apply the utmost care and state-of-the-art security standards to ensure maximum protection of your personal data.

As a company under private law, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the regulations of the Data Protection Act (DPA). We have taken technical and organisational measures to ensure that the regulations on data protection are observed both by us and by our external service providers.

Definitions

The legislator requires that personal data be processed lawfully, in good faith and in a way that is comprehensible to the data subject ("lawfulness, processing in good faith, transparency"). To ensure this, we inform you about the individual legal definitions, which are also used in this privacy policy:

1. Personal data
   "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.
2. Processing
   "Processing" means any operation or set of operations which is performed upon personal data, whether by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
3. Restriction of processing
   "Restriction of processing" means the marking of stored personal data with the aim of limiting their future processing.
4. Profiling
   "Profiling" means any type of automated processing of personal data that consists of 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 job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.
5. Pseudonymization
   "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 which ensure that the personal data cannot be attributed to an identified or identifiable natural person.
6. File system
   "File system" means any structured collection of personal data accessible according to specified criteria, whether such collection is maintained on a centralized, decentralized, or functional or geographic basis.
7. Responsible
   "responsible" means a 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 designation may be provided for by Union or Member State law.
8. Processor
   "Processor" means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the Controller.
9. Receiver
   "Recipient" means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients; the processing of such data by the aforementioned authorities shall be carried out in accordance with the applicable data protection rules in accordance with the purposes of the processing.
10. Third party
    "Third party" means a natural or legal person, public authority, agency or other body, other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.
11. Consent
    "Consent" of the data subject means any freely given specific, informed and unambiguous indication of his or her wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

The processing of personal data is only lawful if there is a legal basis for the processing. Legal basis for the processing can be according to Article 6 para. 1 lit. a - f DSGVO can be in particular:

1. the data subject has given consent to the processing of personal data concerning him or her for one or more specific purposes;
2. processing is necessary for the performance of a contract to which the data subject is party or in order to carry out pre-contractual measures at the data subject's request;
3. processing is necessary for compliance with a legal obligation to which the controller is subject;
4. the processing is necessary in order to protect the vital interests of the data subject or another natural person;
5. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
6. processing is necessary for the purposes of the legitimate interests of the controller or of a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data, in particular where the data subject is a child.

(1) In the following, we inform about the collection of personal data when using our website. Personal data are e.g. name, address, e-mail addresses, user behavior.

(2) If you contact us by e-mail or via a contact form, the data you provide (your e-mail address, name and telephone number, if applicable) will be stored by us in order to answer your questions. We delete the data accruing in this context after the storage is no longer necessary, or the processing is restricted if there are legal obligations to retain data.

Collection of personal data when visiting our website

In the case of mere informational use of the website, i.e. if you do not register or otherwise transmit information to us, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security (legal basis is Art. 6 para. 1 p. 1 lit. f DSGVO):

• IP address
• Date and time of the request
• Time zone difference from Greenwich Mean Time (GMT)
• Content of the request (specific page)
• Access status/HTTP status code
• Amount of data transferred in each case
• Website from which the request comes
• Browser
• Operating system and its interface
• Language and version of the browser software.

Cookies use

(1) In addition to the previously mentioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive associated with the browser you are using and through which certain information flows to the body that sets the cookie. Cookies cannot execute programs or transfer viruses to your computer. They are used to make the website as a whole more user-friendly and effective.

(2) This website uses the following types of cookies, the scope and functionality of which are explained below:

• Transient cookies (for this a.)
  Persistent cookies (see b.).

1. Transient cookies are automatically deleted when you close the browser. These include in particular the session cookies. These store a so-called session ID, with which various requests of your browser can be assigned to the common session. This allows your computer to be recognized when you return to our website. Session cookies are deleted when you log out or close the browser.

2. Persistent cookies are deleted automatically after a specified duration, which may differ depending on the cookie. You can delete the cookies in the security settings of your browser at any time.

3. You can configure your browser settings according to your preferences and for example, refuse to accept third-party cookies or all cookies. So-called "third party cookies" are cookies that have been set by a third party, consequently not by the actual website you are currently on. Please note that by disabling cookies, you may not be able to use all the features of this website.

4. We use cookies to identify you for subsequent visits if you have an account with us. Otherwise, you would have to log in again for each visit.

5. The Flash cookies used are not collected by your browser, but by your Flash plug-in. Furthermore, we use HTML5 storage objects that are stored on your terminal device. These objects store the required data independently of the browser you are using and have no automatic expiration date. If you do not want Flash cookies to be processed, you must install an appropriate add-on, such as "Better Privacy" for Mozilla Firefox (https://addons.mozilla.org/de/firefox/addon/betterprivacy/) or the Adobe Flash Killer Cookie for Google Chrome. You can prevent the use of HTML5 storage objects by using private mode in your browser. We also recommend that you regularly delete your cookies and browser history manually.

Other functions and offers of our website

1. In addition to the purely informational use of our website, we offer various services that you can use if you are interested. For this purpose, you usually have to provide further personal data, which we used to provide the respective service and for which the aforementioned data processing principles apply.
2. In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly monitored.
3. Furthermore, we may pass on your personal data to third parties if we offer promotions, competitions, contracts or similar services together with partners. You will receive more information about this when you provide your personal data or below in the description of the offer.
4. If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you about the consequences of this circumstance in the description of the offer.           

Newsletter

1. With your consent, you can subscribe to our newsletter, with which we inform you about our current interesting offers. The advertised goods and services are named in the declaration of consent.
2.  For the registration to our newsletter we use the so-called double opt-in procedure. This means that after your registration, we will send you an e-mail to the e-mail address you provided, in which we ask you to confirm that you wish to receive the newsletter. If you do not confirm your registration within 24 hours, your information will be blocked and automatically deleted after one month. In addition, we store your respective IP addresses used and times of registration and confirmation. The purpose of this procedure is to be able to prove your registration and, if necessary, to clarify a possible misuse of your personal data.
3. The only mandatory information for sending the newsletter is your e-mail address. The provision of further, separately marked data is voluntary and will be used to address you personally. After your confirmation, we store your e-mail address for the purpose of sending the newsletter. The legal basis is Art. 6 para. 1 p. 1 lit. a DSGVO.
4. You can revoke your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You can declare the revocation by clicking on the link provided in every newsletter e-mail, via this form on the website, by e-mail to info@burgerstein.at or by sending a message to the contact details provided in the imprint.
5. We would like to point out that we evaluate your user behavior when sending the newsletter. For this evaluation, the e-mails sent contain so-called web beacons or tracking pixels, which are single-pixel image files stored on our website. For the evaluations, we link the above-mentioned data and the web beacons with your e-mail address and an individual ID. The data is collected exclusively pseudonymously, i.e. the IDs are not linked to your other personal data, a direct personal reference is excluded. You can object to this tracking at any time by clicking on the separate link provided in each e-mail or by informing us via another contact channel. The information is stored for as long as you are subscribed to the newsletter. After unsubscribing, we store the data purely statistically and anonymously.

Our offer is basically directed at adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians.

(1) Revocation of consent

If the processing of personal data is based on a granted consent, you have the right to revoke the consent at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

To exercise the right of revocation, you can contact us at any time.

(2) Right to confirmation

You have the right to request confirmation from the controller as to whether we are processing personal data relating to you. You can request confirmation at any time using the contact details above.

(3) Right of access

If personal data is processed, you can request information about this personal data and about the following information at any time:

the purposes of processing;
the categories of personal data that are processed;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations;
if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
the existence of a right to obtain the rectification or erasure of personal data concerning you, or to obtain the restriction of processing by the controller, or a right to object to such processing;
The existence of a right of appeal to a supervisory authority;
if the personal data are not collected from the data subject, any available information on the origin of the data;
the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
If personal data are transferred to a third country or to an international organization, you have the right to be informed about the appropriate safeguards pursuant to Article 46 GDPR in connection with the transfer. We will provide a copy of the personal data that is the subject of the processing. For any additional copies you request person, we may charge a reasonable fee based on the administrative costs. If you make the request electronically, the information shall be provided in a commonly used electronic format, unless it specifies otherwise. The right to receive a copy under paragraph 3 shall not interfere with the rights and freedoms of other persons.

(4) Right to rectification 

You have the right to request that we correct any inaccurate personal data relating to you without undue delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data - also by means of a supplementary declaration.

(5) Right to deletion

You have the right to request that we delete personal data relating to you without delay if one of the following reasons applies:

1. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
2. You withdraw your consent on which the processing was based pursuant to Art 6 (1) (a) and there is no other legal basis for the processing.
3. You object to the processing pursuant to Art 21(1) and there are otherwise no overriding legitimate grounds, or you object pursuant to Art 21(2).
4. Your personal data has been processed unlawfully.

(6) Right to restrict processing

You have the right to request us to restrict processing if one of the following conditions is met:

1. You dispute the accuracy of your personal data, the restriction relates to a period that allows us to verify the accuracy of the personal data.
2. The processing is unlawful and you object to the erasure of the personal data, instead you request the restriction of the use of the personal data.
3. We no longer need the personal data for the purposes of the processing, but you need the personal data to assert, exercise or defend legal claims.
4. You have objected to the processing pursuant to Art 21 (1), the restriction exists as long as it has not yet been determined whether our legitimate grounds outweigh yours.