Data protection

DATA PROTECTION DECLARATION ACCORDING TO GDPR – Extensions of data protection:

This Privacy Policy informs you about the nature, scope, and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the websites, functions, and content associated with it, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as the “online offering”). With regard to the terminology used, such as “processing” or “controller,” we refer to the definitions set out in Article 4 of the General Data Protection Regulation (GDPR).

Responsible Data Protection Officer:

Johann Meier, E-Mail j.meier@erform.de, Telefon 08571 6039-25

Types of data processed:

– Inventory data (e.g., names, addresses).

– Contact details (e.g., email, phone numbers).

– Content data (e.g., text entries, photographs, videos).

– Usage data (e.g., websites visited, interest in content, access times).

– Metadata/communication data (e.g., device information, IP addresses).

Categories of affected persons
Visitors and users of the online service (hereinafter, we will refer to the affected persons collectively as "users").

Purpose of processing
– Provision of the online service, its functions and content.

– Responding to contact requests and communicating with users.

– Security measures.

– Reach measurement/marketing

Terminology Used
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as the “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 (e.g. a 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 which is performed on personal data, whether or not by automated means. The term is broad in scope and essentially covers any handling of data.

“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.

“Profiling” means any type 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.

The term “controller” refers to 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.

“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Relevant Legal Bases
In accordance with Article 13 GDPR, we inform you of the legal bases for our data processing activities. Unless the legal basis is specified in this Privacy Policy, the following applies:
The legal basis for obtaining consent is Article 6(1)(a) and Article 7 GDPR.
The legal basis for processing data for the performance of our services, the implementation of contractual measures, and the handling of inquiries is Article 6(1)(b) GDPR.
The legal basis for processing data in order to comply with our legal obligations is Article 6(1)(c) GDPR.
The legal basis for processing data to safeguard our legitimate interests is Article 6(1)(f) GDPR.
In cases where the vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) GDPR serves as the legal basis.

Security measures
In accordance with Article 32 GDPR, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, we implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.

These measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as access to, input of, transfer of, and ensuring the availability and separation of the data. Furthermore, we have established procedures that guarantee the exercise of data subject rights, the deletion of data, and responses to data breaches. We also consider the protection of personal data during the development and selection of hardware, software, and processes, in accordance with the principles of data protection by design and by default (Article 25 GDPR).

Cooperation with processors and third parties
If, in the course 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 done only on the basis of a legal permission (e.g., if the transfer of data to third parties, such as payment service providers, is necessary for the performance of a contract pursuant to Art. 6 para. 1 lit. b GDPR), if you have given your consent, if a legal obligation requires it, or on the basis of our legitimate interests (e.g., when using agents, web hosts, etc.).

If we commission third parties to process data on the basis of a so-called "data processing agreement", this is done on the basis of Art. 28 GDPR.

Transfers to Third Countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)), or if this occurs in the context of using third-party services or the disclosure or transfer of data to third parties, this shall only take place if it is necessary for the fulfillment of our (pre-)contractual obligations, based on your consent, due to a legal obligation, or on the basis of our legitimate interests.
Subject to statutory or contractual permissions, we process or have data processed in a third country only if the special requirements of Articles 44 et seq. GDPR are met. This means that processing takes place, for example, on the basis of specific safeguards, such as an officially recognized determination of a level of data protection equivalent to that of the EU (e.g. for the United States through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “Standard Contractual Clauses”).

Rights of data subjects
You have the right to request confirmation as to whether personal data concerning you is being processed, and to access this data as well as further information and a copy of the data in accordance with Article 15 GDPR.

In accordance with Article 16 of the GDPR, you have the right to request the completion of your personal data or the rectification of inaccurate personal data concerning you.

In accordance with Article 17 GDPR, you have the right to request that the data in question be deleted without undue delay, or alternatively, in accordance with Article 18 GDPR, to request a restriction of the processing of the data.

You have the right to request access to the data concerning you that you have provided to us in accordance with Article 20 GDPR and to request its transmission to other controllers.

Furthermore, pursuant to Article 77 GDPR, you have the right to lodge a complaint with the competent supervisory authority.

Right of withdrawal
You have the right to withdraw your consent pursuant to Art. 7 para. 3 GDPR with effect for the future.

Right to object
You can object to the future processing of your personal data at any time in accordance with Article 21 of the GDPR. The objection can be made in particular against processing for direct marketing purposes.

Cookies and Right to Object to Direct Marketing
“Cookies” are small files that are stored on users’ computers. Various types of information can be stored within cookies. A cookie primarily serves to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering.
Temporary cookies, also referred to as “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online offering and closes their browser. Such a cookie may store, for example, the contents of a shopping cart in an online shop or a login status.
“Permanent” or “persistent” cookies remain stored even after the browser is closed. For example, the login status may be stored if users revisit the website after several days. Likewise, users’ interests may be stored in such cookies and used for reach measurement or marketing purposes.
“Third-party cookies” are cookies that are offered by providers other than the controller who operates the online offering (if only the controller’s own cookies are used, these are referred to as “first-party cookies”).

We may use temporary and permanent cookies, and we explain this in our privacy policy.

If users do not wish to have cookies stored on their computer, they are asked to deactivate the corresponding option in their browser's system settings. Stored cookies can be deleted in the browser's system settings. Disabling cookies may lead to functional limitations of this online service.

A general objection to the use of cookies employed for online marketing purposes can be declared for many services, particularly in the case of tracking, via the U.S.-based website http://www.aboutads.info/choices/ or the EU-based website http://www.youronlinechoices.com/.
In addition, the storage of cookies can be prevented by disabling them in the settings of your browser. Please note that, in this case, not all functions of this online offering may be fully available.

Deletion of Data
The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 GDPR. Unless expressly stated otherwise in this Privacy Policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and no statutory retention obligations prevent its deletion.
If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.

In accordance with legal requirements in Germany, records are retained for 10 years in particular pursuant to Sections 147 Paragraph 1 AO, 257 Paragraph 1 Nos. 1 and 4, Paragraph 4 HGB (books, records, management reports, accounting documents, ledgers, tax-relevant documents, etc.) and for 6 years pursuant to Section 257 Paragraph 1 Nos. 2 and 3, Paragraph 4 HGB (commercial correspondence).

According to legal requirements in Austria, records must be retained for 7 years in particular pursuant to § 132 para. 1 BAO (accounting records, receipts/invoices, accounts, vouchers, business papers, statements of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents relating to electronically supplied services, telecommunications, broadcasting and television services provided to non-entrepreneurs in EU member states and for which the Mini One-Stop-Shop (MOSS) is used.

Contractual Services
We process the data of our contractual partners and prospective clients, as well as other principals, customers, clients, or contractual partners (collectively referred to as “contractual partners”) in accordance with Article 6(1)(b) GDPR in order to provide them with our contractual or pre-contractual services. The data processed in this context, as well as the type, scope, purpose, and necessity of its processing, are determined by the underlying contractual relationship.

The processed data includes the master data of our contractual partners (e.g., names and addresses), contact details (e.g., email addresses and telephone numbers), contract data (e.g., services used, contract content, contractual communication, names of contact persons) and payment data (e.g., bank details, payment history).

We generally do not process special categories of personal data, unless they are part of a commissioned or contractual processing activity.

We process data that is necessary for establishing and fulfilling contractual obligations and will indicate the necessity of providing this data if it is not evident to the contractual partners. Disclosure to external persons or companies only occurs if required within the scope of a contract. When processing data entrusted to us within the scope of a contract, we act in accordance with the instructions of the client and the applicable legal requirements.

When you use our online services, we may store your IP address and the time of each user action. This storage is based on our legitimate interests, as well as the users' interest in protection against misuse and other unauthorized use. We generally do not share this data with third parties, unless it is necessary for the enforcement of our claims pursuant to Art. 6 para. 1 lit. f GDPR or there is a legal obligation to do so pursuant to Art. 6 para. 1 lit. c GDPR.

The data will be deleted when it is no longer required to fulfill contractual or legal obligations of care, as well as to handle any warranty and similar obligations, whereby the necessity of retaining the data is reviewed every three years; otherwise, the statutory retention obligations apply.

Administration, Financial Accounting, Office Organization, Contact Management
We process data in the context of administrative tasks as well as the organization of our business, financial accounting, and compliance with legal obligations, such as archiving. In this process, we process the same data that we handle in the context of providing our contractual services.
The legal bases for this processing are Article 6(1)(c) GDPR and Article 6(1)(f) GDPR. Affected parties include customers, prospective clients, business partners, and website visitors. The purpose of, and our legitimate interest in, this processing lies in administration, financial accounting, office organization, and data archiving – in other words, tasks necessary to maintain our business operations, fulfill our obligations, and provide our services.
The deletion of data regarding contractual services and contractual communication is carried out in accordance with the provisions described for these processing activities.

In this process, we disclose or transmit data to the tax authorities, advisors such as tax consultants or auditors, as well as other fee collection agencies and payment service providers.

Furthermore, based on our legitimate business interests, we store information about suppliers, event organizers, and other business partners, e.g., for later contact. We generally store this predominantly business-related data permanently.

Contacting Us
When you contact us (e.g., via contact form, email, telephone, or social media), the information you provide will be processed in accordance with Art. 6 para. 1 lit. b) GDPR for the purpose of handling your inquiry. Your information may be stored in a customer relationship management system ("CRM system") or similar inquiry management system.

We delete inquiries when they are no longer needed. We review the necessity of retaining inquiries every two years; statutory archiving obligations also apply.

Hosting and Email Services
The hosting services we use provide the following functions: infrastructure and platform services, computing capacity, storage space and database services, email delivery, security services, as well as technical maintenance services, which we employ for the purpose of operating this online offering.

In this process, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, prospective customers and visitors of this online service on the basis of our legitimate interests in the efficient and secure provision of this online service pursuant to Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).

Collection of Access Data and Log Files
We, or our hosting provider, collect data on every access to the server on which this service is hosted (so-called server log files) based on our legitimate interests pursuant to Article 6(1)(f) GDPR. The access data includes the name of the requested website or file, date and time of the request, amount of data transferred, notification of successful retrieval, browser type and version, user’s operating system, referrer URL (the previously visited page), IP address, and the requesting provider.

Log file information is stored for a maximum of 7 days for security reasons (e.g., to investigate misuse or fraud) and then deleted. Data that needs to be retained for evidentiary purposes is exempt from deletion until the respective incident has been fully resolved.

Google Analytics
Based on our legitimate interests (i.e., our interest in analyzing, optimizing, and economically operating our online offering in accordance with Article 6(1)(f) GDPR), we use Google Analytics, a web analytics service provided by Google LLC (“Google”). Google uses cookies. The information generated by the cookie regarding the use of the online offering by users is generally transmitted to a Google server in the United States and stored there.

Google is certified under the Privacy Shield agreement and thus guarantees compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Google will use this information on our behalf to evaluate users' use of our online services, to compile reports on activity within these online services, and to provide us with other services related to the use of these online services and internet usage. Pseudonymous user profiles may be created from the processed data.

We only use Google Analytics with IP anonymization enabled. This means that Google shortens the IP address of users within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.

The IP address transmitted by the user's browser is not merged with other Google data. Users can prevent the storage of cookies by adjusting their browser settings; furthermore, users can prevent Google from collecting and processing data generated by the cookie and related to their use of the online service by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

Further information on data usage by Google, setting and opt-out options can be found in Google's privacy policy (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).

Users' personal data will be deleted or anonymized after 14 months.

Google AdWords and Conversion Tracking
Based on our legitimate interests (i.e., our interest in analyzing, optimizing, and operating our online services economically, in accordance with Art. 6 para. 1 lit. f GDPR), we use the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google").

We use the online marketing service Google “AdWords” to place ads within the Google advertising network (e.g., in search results, in videos, on websites, etc.) so that they are shown to users who are presumed to be interested in the ads. This allows us to display ads more precisely for and within our online offering, showing users only ads that may be relevant to their interests.
If, for example, a user is shown ads for products they have previously viewed on other online offerings, this is referred to as “remarketing.” For these purposes, when our website or other websites where the Google advertising network is active are accessed, a Google code is executed directly by Google, and so-called (re)marketing tags (invisible graphics or code, also referred to as “web beacons”) are embedded in the website. Using these, an individual cookie, i.e., a small file, is stored on the user’s device (comparable technologies may also be used instead of cookies). This file records which websites the user visited, which content they were interested in, and which offers they clicked on, as well as technical information about the browser and operating system, referring websites, time of visit, and further information regarding the use of the online offering.

Furthermore, we receive an individual "conversion cookie." The information collected with the help of this cookie is used by Google to create conversion statistics for us. However, we only receive the anonymous total number of users who clicked on our ad and were redirected to a page with a conversion tracking tag. We do not receive any information that can personally identify users.

User data is processed pseudonymously within the Google advertising network. This means that Google does not store or process, for example, the name or email address of users, but rather processes the relevant data on a cookie-based basis within pseudonymous user profiles. In other words, from Google's perspective, the ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who that cookie holder is. This does not apply if a user has explicitly permitted Google to process the data without this pseudonymization. The information collected about users is transmitted to Google and stored on Google's servers in the USA.

Jetpack (WordPress Stats)
Based on our legitimate interests (i.e., our interest in analyzing, optimizing, and economically operating our online offering in accordance with Article 6(1)(f) GDPR), we use the Jetpack plugin (specifically the “WordPress Stats” feature), which integrates a tool for statistical analysis of visitor access. This plugin is provided by Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA. Jetpack uses so-called “cookies,” which are text files stored on your computer that allow for an analysis of your use of the website.

The information generated by the cookie about your use of this website is stored on a server in the USA. Usage profiles may be created from the processed data, but these are used solely for analysis and not for advertising purposes. Further information can be found in Automattic's privacy policy: https://automattic.com/privacy/ and in the information about Jetpack cookies: https://jetpack.com/support/cookies/.

Online presence on social media
We maintain an online presence on social networks and platforms to communicate with customers, prospective customers, and users active there and to inform them about our services. When accessing these networks and platforms, the terms and conditions and data processing policies of their respective operators apply.

Unless otherwise stated in our privacy policy, we process user data when users communicate with us within social networks and platforms, e.g. by posting on our online presences or sending us messages.

Integration of third-party services and content
Within our online services, we use content or service offerings from third-party providers based on our legitimate interests (i.e., our interest in the analysis, optimization and economic operation of our online services within the meaning of Art. 6 para. 1 lit. f GDPR) in order to integrate their content and services, such as videos or fonts (hereinafter referred to collectively as “Content”).

This always requires that the third-party providers of such content are aware of the users’ IP addresses, as they would otherwise not be able to deliver the content to the users’ browsers. The IP address is therefore necessary for the display of this content. We endeavor to use only such content whose respective providers use the IP address solely for the purpose of delivering the content.
Third parties may also use so-called pixel tags (invisible graphics, also referred to as “web beacons”) for statistical or marketing purposes. Through these “pixel tags,” information such as visitor traffic on the pages of this website may be evaluated. The pseudonymous information may also be stored in cookies on the users’ devices and may include, among other things, technical information about the browser and operating system, referring websites, time of visit, and further details regarding the use of our online offering, as well as be combined with such information from other sources.

Vimeo
We can embed videos from the platform “Vimeo” provided by Vimeo Inc., Attention: Legal Department, 555 West 18th Street, New York, NY 10011, USA. Privacy policy: https://vimeo.com/privacy. We would like to point out that Vimeo may use Google Analytics and refer you to Google's privacy policy (https://www.google.com/policies/privacy) as well as the opt-out options for Google Analytics (http://tools.google.com/dlpage/gaoptout?hl=de) or Google's settings for data usage for marketing purposes (https://adssettings.google.com/).

Youtube
Wir binden die Videos der Plattform “YouTube” des Anbieters Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ein. Datenschutzerklärung: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Google Fonts
We integrate fonts ("Google Fonts") from the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Google Maps
We integrate maps from the "Google Maps" service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The data processed may include, in particular, users' IP addresses and location data, which, however, are not collected without their consent (usually obtained through their mobile device settings). The data may be processed in the USA. Privacy Policy:
https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Use of Facebook Social Plugins
Based on our legitimate interests (i.e. interest in the analysis, optimization, and economic operation of our online offering within the meaning of Article 6(1)(f) GDPR), we use social plugins (“plugins”) of the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”).
The plugins may represent interaction elements or content (e.g. videos, graphics, or text posts) and are recognizable by one of the Facebook logos (a white “f” on a blue tile, the terms “Like” or “Gefällt mir,” or a “thumbs up” symbol) or are marked with the addition “Facebook Social Plugin.”
A list and the appearance of the Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.

Facebook is certified under the Privacy Shield agreement and thus guarantees compliance with European data protection law.
(https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

When a user accesses a function of this online offering that contains such a plugin, their device establishes a direct connection to Facebook’s servers. The content of the plugin is transmitted by Facebook directly to the user’s device and integrated into the online offering. In this process, user profiles may be created from the processed data. We therefore have no influence on the scope of the data collected by Facebook through the use of this plugin and inform users accordingly based on our current knowledge.

By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of our online offering. If the user is logged into Facebook, Facebook can associate the visit with the user’s Facebook account. When users interact with the plugins, for example by clicking the Like button or leaving a comment, the corresponding information is transmitted directly from their device to Facebook and stored there. If a user is not a member of Facebook, it is still possible that Facebook may obtain and store the user’s IP address. According to Facebook, only an anonymized IP address is stored in Germany.

The purpose and scope of data collection and the further processing and use of data by Facebook, as well as the related rights and settings options for protecting users' privacy, can be found in Facebook's privacy policy:
https://www.facebook.com/about/privacy/.

If a user is a Facebook member and does not want Facebook to collect data about them via this website and link it to their Facebook profile data, they must log out of Facebook and delete their cookies before using our website. Further settings and options to object to the use of data for advertising purposes are available within the Facebook profile settings. https://www.facebook.com/settings?tab=ads
or via the US website

http://www.aboutads.info/choices/
or the EU website

http://www.youronlinechoices.com/.
The settings are platform-independent, meaning they apply to all devices, such as desktop computers or mobile devices.