We are delighted by your interest in our company. Data protection is of paramount importance to the management of bizConsult GmbH. Use of the bizConsult GmbH website is generally possible without providing any personal data. However, if a data subject wishes to use special services offered by our company via our website, processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the data subject’s consent.
The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to bizConsult GmbH. This privacy policy aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this privacy policy informs data subjects about their rights.
As the data controller, bizConsult GmbH has implemented numerous technical and organizational measures to ensure the most complete possible protection of personal data processed via this website. However, internet-based data transmissions can fundamentally have security vulnerabilities, meaning absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, such as by telephone.
1.Definitions
The privacy policy of bizConsult GmbH is based on the terms used by the European legislator when enacting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easily readable and understandable for both the general public and our customers and business partners. To ensure this, we would like to explain the terminology used beforehand.
In this privacy policy, we use, among other things, the following terms:
a) personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as “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.
b) data subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller.
c) Processing
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.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting its future processing.
e) Profiling
Profiling is any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
f) Pseudonymization
Pseudonymization is the processing of personal data in such a manner 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 to ensure that the personal data is not attributed to an identified or identifiable natural person.
g) Controller or data controller
The controller is 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 designation may be provided for by Union or Member State law.
h) Data processors
A data processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) Recipient
A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether a third party or not. However, public authorities that may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law are not considered recipients.
j) Third
A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
k) Consent
Consent 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.
2.Name and address of the data controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
bizConsult GmbH,
Neulinggasse 29/1/5B,
1030 Vienna
, Austria,
Tel.: +43 1 2195825,
E-Mail: office@bizconsult.at , Website: www.bizconsult.at
3.Collection of general data and information
The bizConsult GmbH website collects a range of general data and information each time a data subject or an automated system accesses the website. This general data and information is stored in the server’s log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reached our website (known as the referrer), (4) the sub-pages accessed on our website by an accessing system, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) other similar data and information that serves to prevent attacks on our IT systems.
When using this general data and information, bizConsult GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website and its advertising, (3) ensure the long-term functionality of our IT systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. Therefore, bizConsult GmbH uses this anonymously collected data and information for statistical analysis and also with the aim of increasing data protection and data security within our company, ultimately to ensure the highest level of protection for the personal data we process. The anonymous data in the server log files is stored separately from all personal data provided by a data subject.
4.Routine deletion and blocking of personal data
The controller shall process and store personal data of the data subject only for the period necessary to achieve the purpose of storage or as far as this is provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.
If the purpose for which the data was stored ceases to exist, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with legal requirements.
5.Rights of the data subject
a) Right to confirmation
Every data subject has the right, granted by the European legislator, to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact our data protection officer or another employee of the controller.
b) Right to information
Every person whose personal data is being processed has the right, granted by the European legislator, to obtain from the controller, at any time and free of charge, information about the personal data stored about him or her and a copy of this information. Furthermore, the European legislator has granted the data subject the right to information regarding the following:
the purposes of the processing
; the categories of personal data being processed;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
the right to lodge a complaint with a supervisory authority
; where the personal data are not collected from the data subject, any available information as to their source;
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Furthermore, the data subject has the right to obtain information as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, they can contact our data protection officer or another employee of the controller at any time.
c) Right to rectification
Every data subject whose personal data is being processed has the right, granted by the European legislator, to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement.
If a data subject wishes to exercise this right to rectification, they can contact our data protection officer or another employee of the controller at any time.
d) Right to erasure (right to be forgotten)
Every data subject has the right, granted by the European legislator, to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies, and where the processing is not necessary:
The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data have been unlawfully processed.
The erasure of personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
The personal data were collected in relation to information society services offered pursuant to Article 8(1) of the GDPR.
If one of the aforementioned grounds applies and a data subject wishes to have their personal data stored by bizConsult GmbH erased, they may contact our data protection officer or another employee of the controller at any time. The data protection officer of bizConsult GmbH or another employee will ensure that the erasure request is complied with immediately.
If personal data has been made public by bizConsult GmbH and our company, as the controller pursuant to Article 17(1) GDPR, is obligated to erase the personal data, bizConsult GmbH, taking into account available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure by those other controllers of any links to, or copies or replications of, that personal data, insofar as processing is not necessary. The data protection officer of bizConsult GmbH or another employee will take the necessary steps in each individual case.
e) Right to restriction of processing
Every data subject has the right, granted by the European legislator, to obtain from the controller restriction of processing where one of the following applies:
The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met and a data subject wishes to restrict the processing of their personal data stored by bizConsult GmbH, they may contact our data protection officer or another employee of the controller at any time. The data protection officer of bizConsult GmbH or another employee will then arrange for the restriction of processing.
f) Right to data portability
Every data subject has the right, granted by the European legislator, to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit those data to another controller without hindrance from the controller to whom the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, when exercising their right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have their personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject may at any time contact the data protection officer appointed by bizConsult GmbH or another employee.
g) Right to object
Every data subject has the right, granted by the European legislator, to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on those provisions.
In the event of an objection, bizConsult GmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the purpose of establishing, exercising or defending legal claims.
If bizConsult GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of their personal data for such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to processing for direct marketing purposes, bizConsult GmbH will no longer process the personal data for these purposes.
Furthermore, the data subject has the right to object, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out by bizConsult GmbH for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
To exercise their right to object, the data subject may contact the data protection officer of bizConsult GmbH or another employee directly. Furthermore, the data subject is free, in connection with the use of information society services and notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Every data subject has the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or performing, a contract between the data subject and a data controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or performing, a contract between the data subject and the controller, or (2) is made with the data subject’s explicit consent, bizConsult GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
If the data subject wishes to assert rights relating to automated decision-making, they can contact our data protection officer or another employee of the controller at any time.
i) Right to withdraw consent under data protection law
Every person whose personal data is being processed has the right, granted by the European legislator, to withdraw their consent to the processing of their personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they can contact our data protection officer or another employee of the controller at any time.
6.Legal basis for processing
Article 6(1)(a) GDPR serves as the legal basis for our company’s processing operations where we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, then the processing is based on Article 6(1)(b) GDPR. The same applies to such processing operations that are necessary for carrying out pre-contractual measures, such as in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfillment of tax obligations, then the processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured on our premises and their name, age, health insurance details, or other vital information had to be shared with a doctor, hospital, or other third party. In that case, the processing would be based on Article 6(1)(d) GDPR. Finally, processing operations could be based on Article 6(1)(f) GDPR. This legal basis applies to processing operations not covered by any of the aforementioned legal bases, if the processing is necessary for the purposes of the legitimate interests pursued by our company or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. The legislator took the view that a legitimate interest could be assumed where the data subject is a client of the controller (Recital 47, second sentence, GDPR).
7.Legitimate interests pursued by the controller or a third party in the processing
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business activities for the benefit of all our employees and our shareholders.
8.Duration for which the personal data will be stored
The criterion for the duration of storage of personal data is the respective statutory retention period. After this period expires, the corresponding data is routinely deleted, unless it is still required for the performance of a contract or for initiating a contract.
9.Legal or contractual requirements for providing personal data; necessity for entering into a contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data
We would like to inform you that the provision of personal data is sometimes required by law (e.g., tax regulations) or may also arise from contractual provisions (e.g., information about the contracting party). In some cases, it may be necessary for a data subject to provide us with personal data that we subsequently need to process in order to conclude a contract. For example, the data subject is obligated to provide us with personal data if our company enters into a contract with them. Failure to provide personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract, or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.
10.Existence of automated decision-making
As a responsible company, we refrain from automated decision-making or profiling.
This privacy policy was created using the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer in Straubing, in cooperation with the data protection lawyer Christian Solmecke.
