1. General Information
1.1 Objective and Responsibility
- This Data Privacy Statement is to inform you about the nature, scope and purpose of the processing of personal data related to our online service and the related websites, features and contents (hereinafter collectively referred to as “online service” or “website”). Details on these processing activities can be found in section 2.
- Details on data processing for the purpose of carrying out our business processes are described in section 3.
- The online service is provided by Brisen Development GmbH, 1010 Vienna, Seilergasse 3 /13-14, Austria)– hereinafter referred to as “BDG”, “provider”, “we” or “us” – who is also legally responsible under the data protection law.
- Please contact us if you have any questions or require additional information: Office.firstname.lastname@example.org
- Our online service is hosted by Infomaniak Network AG (Rue Eugène Marziano 25, 1227 Les Acacias (GE), Switzerland). The server location is Switzerland.
- You can reach out to our Data Protection Officer Sven Meyzis – IT.DS Beratung under the E-Mail address S.Meyzis@ITDSB.de and telephone 0049 40-21091514.
- The term “user” encompasses all customers, interested people, employees and visitors of our online service.
1.2 Legal Bases
- Consent in accordance with article 6 paragraph 1 lit. a General Data Protection Regulation (GDPR). Consent meaning any freely given, specific, informed and unambiguous indication of agreement, which could be in the form of a statement or any other unambiguous confirmatory act, given by the data’s subject consenting to the processing of personal data relating to him or her.
- Necessity for the performance of a contract or in order to take steps prior to entering into a contract according to article 6 paragraph 1 lit. b GDPR, meaning the data is required in order for us to fulfil our contractual obligations towards you or to prepare the conclusion of a contract with you.
- Processing to fulfil a legal obligation in accordance with article 6 paragraph 1 lit. c GDPR, meaning that e.g. the processing of data is required by law or other provisions.
- Processing in order to protect legitimate interests in accordance with article 6 paragraph 1 lit. f GDPR, meaning that the processing is necessary to protect legitimate interests pursued by us or by a third party, unless such interests are overridden by your interests or fundamental rights and freedoms which require the protection of personal data.
1.3 Data Subject Rights
- You have the following rights with regards to the processing of your data through us:
- The right to lodge a complaint with a supervisory authority in accordance with article 13 paragraph 2 lit. d GDPR and article 14 paragraph 2 lit. e GDPR.
- Right of access in accordance with article 15 GDPR
- Right to rectification in accordance with article 16 GDPR
- Right to erasure (‘right to be forgotten’) in accordance with article 17 GDPR
- Right to restriction of processing in accordance with article 18 GDPR
- Right to data portability in accordance with article 20 GDPR
- Right to objection in accordance with article 21 GDPR
- Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your place of residence, employment or the place of the alleged infringement, if you believe that the processing of your personal data violates the GDPR.
- The data protection supervisory authority responsible for Brisen Development GmbH is: Österreichische Datenschutzbehörde, Wickenburggasse 8, 1080 Vienna.
1.4 Data Erasure and Duration of Storage
The personal data of the data subject will be erased or blocked as soon as the purpose of the storage is inapplicable. Storage of data beyond that may occur if such storage is required by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. Blocking or erasure of data also takes place when a retention period mandated by the standards mentioned expires, unless the continued storage of data is required for the conclusion of a contract or the fulfilment of contractual obligations.
1.5 Security of Processing
- We have implemented appropriate and state-of-the-art technical and organisational security measures (TOMs). Thus, the data that is processed by us is protected against accidental or intentional manipulation, loss, destruction or the access of unauthorized people.
- Among other things, your data is transferred to us in an encrypted way. We use the SSL (Secure Socket Layer) coding system, but point out that data transmission in the internet (e.g. when communicating via E-Mail) can have security gaps. It’s not possible to protect such data completely against access by third parties.
- Our TOMs are checked regularly and are adapted to technological advancements when appropriate. This includes our policies, guidelines and procedures to ensure the protection of your rights and the ongoing confidentiality, availability and resilience of processing systems and services.
- All our employees and all persons involved in data processing are bound to the GDPR and other relevant data protection laws and the confidential handling of personal data.
- In the case of subcontracting or the usage of subcontracted processors, we ensure that they also take appropriate technical and organisational measures to ensure the security of data processing.
2. Processing activities within the scope of our online service
2.1 Collection of Information on the Use of the Online Service
- When using our online-service, information may be transferred automatically from the browser of the user to us; this information includes the name of the accessed website, file, date and time of the access, amount of data transferred, notification about successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
- The processing of this information is based on legitimate interests in accordance with Article 6 paragraph (1) lit. f GDPR (e.g. optimisation of the online service) as well as to ensure the security of the processing in accordance with Article 5 paragraph (1) lit. f GDPR (e.g. for the defence and clarification of cyber attacks).
- This information will be automatically deleted latest 30 days after the termination of the connection, unless any other retention periods require otherwise.
- The collection of the data and the storage of the data in log files is essential for the provision of the online service. Therefore users are not entitled to the options of erasure, objection or correction.
2.2 Information about Google services
- Through the integration of Google services, Google may collect information (including personal data) and process it. It cannot be ruled out that Google also transmits the information to a server in a third country. The transmission to the USA depends on the function in which personal data is transmitted. As the responsible party, we ourselves may transfer data to Google in the USA for further use. Currently, there is no adequacy decision pursuant to Art. 45 GDPR. However, the transfer can be based on standard contractual clauses. Google has committed to comply with the standard contractual clauses for the transfer of personal data to third countries (Standard Contractual Clauses – SCC). More information about the Standard Contractual Clauses is available at here and at here.
- We ourselves cannot influence which data Google actually collects and processes. However, Google states that, in principle, the following information (including personal data) may be processed, among others:
- Log data (in particular the IP address)
- Location-related information
- Unique application numbers
- Cookies and similar technologies
Information on the types of cookies used by Google can be found at here.
- If you are logged into your Google account, Google may add the processed information to your account depending on your account settings and treat it as personal data.
- Google states the following about this, among other things: “If you are not signed into a Google Account, we store the data we collect with unique identifiers associated with the browser, app, or device you are using. This allows us to ensure, for example, that your language settings are maintained across all browser sessions. If you are logged into a Google account, we also collect data that we store in your Google account and consider to be personal data.” (source)
- You can prevent this data from being added directly by logging out of your Google account or also by making the appropriate account settings in your Google account. Furthermore, you can change your cookie settings (e.g. delete cookies, block cookies, etc.).
- You can find more detailed information in the privacy notices of Google, which you can access here.
- You can find notes on Google’s privacy settings at here.
2.3 Google Analytics
- Google acts on our behalf within the framework of order processing in accordance with Article 28 GDPR. We have concluded a data protection agreement with Google that contains the EU standard data protection clauses.
- In addition, we have concluded a shared responsibility agreement pursuant to Article 26 GDPR with Google for the use of Google’s measurement services (see https://support.google.com/analytics/answer/9012600). Within this framework, we have agreed with Google to be responsible for the fulfillment of information obligations and for ensuring data subject rights in accordance with Chapter 3 of the GDPR, as well as for the security of processing and reporting/notification obligations. (Articles 32 to 34 of the GDPR). Google will use the information to evaluate the use of our online offer by the users, to compile reports on the activities within this online offer and to provide us with further services related to the use of this online offer and internet use. In doing so, pseudonymous usage profiles of the users can be created from the processed data.
- We use Google Analytics to display the ads placed within advertising services of Google and its partners only to those users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited), which we transmit to Google (so-called “remarketing audiences”, or “Google Analytics audiences”). With the help of remarketing audiences, we also want to ensure that our ads correspond to the potential interest of users and do not have a harassing effect.
- We use Google Analytics with IP anonymization enabled.
- Google Analytics stores cookies in your web browser for a period of two years since your last visit. These cookies contain a randomly generated user ID that can be used to recognize you during future website visits. Users can prevent the storage of cookies by setting their browser software accordingly.
- The recorded data is stored together with the randomly generated user ID, which enables the evaluation of pseudonymous user profiles. This user-related data is automatically deleted after 26 months. Other data remains stored in aggregated form indefinitely.
2.4 Google Tag Manager
- We use the Google Tag Manager on our website. The Google Tag Manager is a service of Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.
- Through the Google Tag Manager, we can integrate various codes and services on our website in an orderly and simplified manner. The Google Tag Manager implements the tags or “triggers” the embedded tags. When a tag is triggered, Google may process information (including personal data) and process it. In doing so, it cannot be ruled out that Google also transmits the information to a server in a third country.
- In particular, the following personal data is processed by the Google Tag Manager: • Online identifiers (including cookie identifiers). • IP address
- In addition, you can find more detailed information about the Google Tag Manager on the websites https://marketingplatform.google.com/about/analytics/tag-manager/use-policy/ as well as at https://www.google.com/intl/de/policies/privacy/index.html (section “Data we receive based on your use of our services”).
- Furthermore, we have concluded an order processing contract with Google for the use of the Google Tag Manager (Art. 28 GDPR). Google processes the data on our behalf in order to trigger the stored tags and display the services on our website. Google may transfer this information to third parties if required by law or if third parties process this data on behalf of Google.
2.5 Typekit fonts from Adobe
- Our online offer uses services from “Cloudflare” (provider: Cloudflare, Inc., 101 Townsend St, San Francisco, CA 94107, USA). Cloudflare operates a content delivery network (CDN) and provides protection functions for the website (web application firewall).
- The use of Cloudflare is in the interest of a secure use of our online offer and the defence against harmful attacks from the outside. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO.
2.7 Consent Management
- Our website uses the cookie consent technology “Cookie Laws Info” to obtain your consent for cookies and cookie-based applications that require your consent and to document this consent in a data protection-compliant manner.
- The collected data will be stored until you request us to delete it or until you delete the Cookie Law Info cookie yourself or until the purpose for storing the data no longer applies. Mandatory legal retention periods remain unaffected.
3. Processing for the purpose of carrying out our business processes
3.1 Contact Form and Contacting via E-Mail
- When contacting us (via online form or e-mail), the data provided by the user will be processed exclusively for processing the inquiry and its handling.
- Any other use of the data will only take place based on the given consent from the user.
- The users’ data will be stored in our Customer Relationship Management System (‘CRM System’) or a comparable software/database. The legal retention periods for business letters apply.
- Description and scope of data processing
On our website you can subscribe to a newsletter free of cost. If a user realizes this option, the data entered in the input mask will be transmitted to us and processed by us. The processing includes the following data: salutation, first name, last name, e-mail address.
In addition, the following data is collected during registration: IP address of the calling computer as well as date and time of registration.
For the processing of the data, your consent is obtained during the registration process and reference is made to this data protection policy. The data will be used exclusively for sending the newsletter. The newsletter is sent by Cendyn.
The personal data of the newsletter recipients are stored on the servers of Cendyn in the USA. We have a contract processing agreement with Cendyn. Furthermore, Cendyn claims to use the data to optimize or improve its own services, e.g. for the technical optimization of shipping and the presentation of newsletters or for economic purposes, to determine from which countries the recipients come. However, Cendyn does not use the data of our newsletter recipients to address them themselves or to pass the data on to third parties.
- Legal basis for data processing
The legal basis for processing the data after registration for the newsletter is the consent given by the user acc. to article 6 paragraph 1 lit. a GDPR.
- Purpose of the data processing
The collection of the e-mail address of the user serves to deliver the newsletter.
- Duration of storage
The data will be deleted as soon as they are no longer necessary for the purpose mentioned above. The user’s e-mail address will be saved as long as the subscription to the newsletter is active.
- Opposition and removal option
Subscription to the newsletter may be terminated by the user at any time. For this purpose, there is a corresponding unsubscribe link in each newsletter. This also allows a revocation of the consent of the storage of the personal data collected during the registration process.
3.3 Links to other websites
- While using some of our services, you will be automatically redirected to other websites.
4.1 General Information
- Cookies are information transmitted by our web server or third-party web servers to the users’ web browsers where they are stored for later retrieval. Cookies can be in the form of small files or any other types of information storage.
- In the case that users do not want that cookies are stored on their computer, they will be asked to disable the corresponding option in their browser’s system settings. Saved cookies may be deleted in the system settings of the browser. The exclusion of cookies can lead to functional impairments of this online service.
4.2 Cookie overview, objection options
- You can find an up-to-date overview of the cookies and services used on this website in our consent management platform (see section 2.5 “Consent Management”).
- You can also manage your individual consents and preferences there.
Version: September 2023