Privacy policy


Name and contact of the controller pursuant to Article 4(7) GDPR

Burgerstein GmbH
Währinger Straße 20/12
1090 Wien
Österreich
telefone +43 (0)1 309 33 25 0 / Fax +43 (0)1 310 31 28 /  E-Mail-address: service@burgerstein.at /  Website: www.burgerstein.at

Data Protection Officer

Burgerstein GmbH
Währinger Straße 20/12
A-1090 Wien  Österreich 
 Telefon: +43 (0)1 309 33 25 -0  /  E-Mail: service@burgerstein.at 


Table of contents

1) Security and protection of your personal data 

2) Lawfulness of the processing 

3) Information on the collection of personal data 

4) Google Analytics

5) Children

6) Rights of the data subjects

1. security and protection of your personal data


We consider it our primary task to maintain the confidentiality of the personal data you provide and to protect it from unauthorized access. We therefore take the utmost care and apply the latest 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 provisions of the Data Protection Act (DSG). We have taken technical and organizational 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, fairly and in a manner that is comprehensible to the data subject ("lawfulness, fairness, transparency"). To ensure this, we inform you about the individual legal definitions that are also used in this privacy policy:
1. personal data
"Personal data" means 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.
2. 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, organization, structuring, 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" is the marking of stored personal data with the aim of restricting its future processing.
4. profiling
"Profiling" means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
5. pseudonymization
"Pseudonymization" means 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 are not attributed to an identified or identifiable natural person.
6. file system
"File system" means any structured collection of personal data that is accessible according to specific criteria, regardless of whether this collection is managed centrally, decentrally or according to functional or geographical aspects.
7. responsible person
"Controller" 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 nomination may be provided for by Union or Member State law.
8. processors
"Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
9. recipient
"Recipient" means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
10. third party
"Third party" means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
11. consent
Consent" of the data subject is 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. lawfulness of the processing


The processing of personal data is only lawful if there is a legal basis for the processing. The legal basis for processing may be, in particular, pursuant to Article 6(1)(a) - (f) GDPR: 

1. The data subject has given consent to the processing of their personal data 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 take steps at the request of the data subject prior to entering into a contract
3. processing is necessary for compliance with a legal obligation to which the controller is subject 
4. processing is necessary in order to protect the vital interests of the data subject or of 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 pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

3. information on the collection of personal data


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

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

Collection of personal data when visiting our website

If you use the website for informational purposes only, i.e. if you do not register or otherwise provide us with information, 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 sentence 1 lit. f GDPR):

* IP address
* Date and time of the request
* Time zone difference to 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 originates
* browser
* Operating system and its interface
* Language and version of the browser software.

Use of cookies

(1) In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard disk and assigned to the browser you are using and through which certain information flows to the place that sets the cookie. Cookies cannot execute programs or transfer viruses to your computer. They are used to make the website more user-friendly and effective overall.

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

Transient cookies (see a.)
Persistent cookies (see b.).

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

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

3. You can configure your browser settings according to your wishes and, for example, refuse to accept third-party cookies or all cookies. So-called "third-party cookies" are cookies that are set by a third party and therefore not by the actual website you are currently visiting. We would like to point out that by deactivating cookies you may not be able to use all the functions 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 recorded by your browser, but by your Flash plug-in. We also use HTML5 storage objects, which are stored on your end device. These objects store the required data independently of the browser you use and do not have an automatic expiration date. If you do not want Flash cookies to be processed, you must install an appropriate add-on, e.g. "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 setting your browser to private mode. We also recommend that you regularly delete your cookies and browser history manually.

Weitere Funktionen und Angebote unserer Website 
1. In addition to the purely informational use of our website, we offer various services that you can use if you are interested. To do so, you must generally provide additional personal data that we use to provide the respective service and to 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. We may also pass on your personal data to third parties if we offer promotions, competitions, contracts or similar services together with partners. You will receive more detailed information on this when you provide your personal data or in the description of the offer below.
4. If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you of 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. The newsletter is sent via the third-party provider "rapidmail.at". We use the so-called double opt-in procedure to register for our newsletter. This means that after you have registered, we will send you an email to the email address you have 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 the IP addresses you use and the times of registration and confirmation. The purpose of this procedure is to be able to prove your registration and, if necessary, to clarify any possible misuse of your personal data.

2. The only mandatory information for sending the newsletter is your e-mail address. The provision of further, separately marked data is voluntary and is used to address you personally. After your confirmation, we will save your e-mail address for the purpose of sending you the newsletter. The legal basis is Art. 6 para. 1 sentence 1 lit. a GDPR.

3. The only mandatory information for sending the newsletter is your e-mail address. The provision of further, separately marked data is voluntary and is used to address you personally. After your confirmation, we will save your e-mail address for the purpose of sending you the newsletter. The legal basis is Art. 6 para. 1 sentence 1 lit. a GDPR.

4. You can revoke your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You can declare your 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 given 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 one-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 in pseudonymized form, i.e. the IDs are not linked to your other personal data, and direct personal identification is excluded. You can object to this tracking at any time by clicking on the separate link provided in every e-mail or by informing us via another contact channel. The information will be stored for as long as you have subscribed to the newsletter. After unsubscribing, we store the data purely statistically and anonymously.

4. Google Analytics


If you give your consent, we process your personal data with the service Google Analytics, Google LLC, Amphitheatre Parkway, Mountain View, CA 94043, USA, as joint controllers for the purpose of error analysis and statistical evaluation of our website. Failure to give your consent has no direct effect on the function of the website, but without statistical data it will be more difficult for us to further develop the website. You can revoke any consent you have already given by changing the data protection settings.

We enable the service to collect connection data, data from your web browser and data about the content accessed, as well as the execution of analysis software and the storage of data on your end device. The service anonymizes the collected data immediately after collection and provides us with the anonymous data in the form of statistics for evaluation. We use these statistics to correct errors and to further develop our website. The data on your device is stored for a period of up to two years.

The legal basis for data processing is your consent in accordance with Art. 6 para. 1 lit. a GDPR. The Google Group transfers your personal data to the USA. The legal basis for the data transfer to the USA is your consent in accordance with Art. 49 para. 1 lit. a in conjunction with Art. 6 para. 1 lit. a GDPR. You were already informed before giving your consent that the USA does not have a level of data protection corresponding to the standards of the EU. In particular, US intelligence services can access your data without you being informed and without you being able to take legal action against this. For this reason, the European Court of Justice has declared the previous adequacy decision (Privacy Shield) invalid in a ruling.

5. Children


Our services are generally aimed 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.

6. Rights of the data subject


(1) Revocation of consent 

If the processing of personal data is based on your consent, you have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. You can contact us at any time to exercise your right of withdrawal.

(2) Right to confirmation 

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

(3) Right to information 

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

* the purposes of the 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
   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 a right to rectification or erasure of personal data concerning you or to restriction of processing by the controller or a right to object to such processing 

* the existence of a 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) 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.

If personal data is transferred to a third country or to an international organization, you have the right to be informed of 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 further copies you request, we may charge a reasonable fee based on 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 in accordance with paragraph 3 must not adversely affect the rights and freedoms of other persons.

(4) Right to rectification

You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

(5) Right to erasure

You have the right to obtain from us the erasure of personal data concerning you without undue delay where one of the following grounds applies:

* The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed. 

 * You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a) and there is no other legal basis for the processing. 

* You object to the processing pursuant to Art. 21 (1) and there are no other overriding legitimate grounds, or you object pursuant to Art. 21 (2). 

* Your personal data has been processed unlawfully.

(6) Right to restriction of processing

You have the right to obtain from us restriction of processing where one of the following applies:

1. You contest the accuracy of your personal data and the restriction applies for a period enabling us to verify the accuracy of the personal data.

2. The processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead.

3. We no longer need the personal data for the purposes of the processing, but you require the personal data for the establishment, exercise or defense of legal claims.

4. You have lodged an objection to the processing pursuant to Art. 21 (1), the restriction exists as long as it is not yet clear whether our legitimate reasons outweigh yours.