VF Auktionen GmbH
Auerspergstr. 2/4A
A-1010 Wien
Tel.: +43 (0)1 405 1457
Fax: +43 (0)1 4051457-14
Auerspergstr. 2/4A
A-1010 Wien
Tel.: +43 (0)1 405 1457
Fax: +43 (0)1 4051457-14
Legal disclaimer
| Inhaber: | Viennafil VF Auktionen GmbH Geschäftsführer Michael Stauder Auerspergstraße 2/4a 1010 Wien Österreich Handelsregister Wien: HRN: FN281472f UID Nr. ATU62922458 Zuständiges Handelsgericht: Wien |
| Erstellung | ecom.bz.it |
| Offenlegung gem. §25 MedienGesetz | Medieninhaber und Herausgeber: Viennafil stellt Informationen und Kontaktdaten zur VF Auktionen GmbH zur Verfügung. |
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| Fotomaterial: | Archiv Viennafil |
| Online-Streitschlichtung | „Online-Streitschlichtung“ (OS-Plattform nach EU-VO) Link zur Online-Streitschlichtung(splattform) der EU Informationspflicht lt. Art. 14 der EU-Verordnung Nr. 524/2013 (ODR-VO) Information zur Online-Streitbeilegung: Die EU-Kommission stellt ab dem 1. Quartal 2016 eine Internet-Plattform zur Online-Beilegung von Streitigkeiten (sogenannte „OS-Plattform“) bereit, die als Anlaufstelle zur außergerichtlichen Beilegung von Streitigkeiten betreffend vertraglichen Verpflichtungen, die aus Online-Verträgen über Waren oder Dienstleistungen erwachsen, dient. Die OS-Plattform der EU-Kommission ist erreichbar unter dem Link: http://ec.europa.eu/consumers/odr Wir sind erreichbar über die E-Mail-Adresse: info@viennafil.com „Alternative Streitbeilegung“ (AS-Stellen nach AStG) Informationen zur „Alternativen Streitbeilegung“ nach dem Alternative-Streitbeilegung-Gesetz siehe in den AGB. |
Terms and conditions
General Terms and Conditions
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Prices and Payment Conditions
- Shipment and Delivery Conditions
- Reservation of Proprietary Rights
- Warranty
- Applicable Law
- Place of Jurisdiction
- Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company VF-Auktionen GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
1.3 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
2.3 The Seller may accept the Client’s offer within five days,
– by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
– by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
– by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 If a payment method offered by Philapay is selected, the payment will be processed by the payment service provider Philapay, subject to the Philapay Terms of Use.
2.5 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller’s online shop prior to sending his order, the order data shall be stored on the Seller’s website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.
2.6 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.7 The German and the English language are exclusively available for the conclusion of the contract.
2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client’s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
4.3 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date
5) Shipment and Delivery Conditions
5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
5.3 Should the Client collect the goods himself, the Seller informs the Client by e-mail that the goods are available for collection. After receiving the e-mail, the Client may collect the goods in consultation with the Seller at the Seller’s place of business. In this case shipment costs will not be charged.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.
6) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
7) Warranty
7.1 Unless otherwise stipulated, the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:
7.2 If the Client acts as trader
– the Seller may choose the type of subsequent performance,
– for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,
– for used goods, the rights and claims for defects are excluded,
– the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
7.3 The above-mentioned limitations of liability and shortening of the period of limitation do not apply
– to claims for damages and reimbursement of expenses of the Client,
– if the Seller has fraudulently concealed the defect,
– for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,
– for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.
7.4 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.
7.5 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
8) Applicable Law
The law of the Republic of Austria shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
9) Place of Jurisdiction
If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Republic of Austria, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Republic of Austria, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
10) Alternative dispute resolution
10.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
10.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
In the event of discrepancies in interpretation between texts in multiple languages, only the German version is decisive and binding.
Privacy disclaimer
Privacy Policy
1) Information on the Collection of Personal Data and Contact Details of the Controller
1.1 We are pleased that you are visiting our website and thank you for your interest. On the following pages, we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.
1.2 The controller in charge of data processing on this website, within the meaning of the General Data Protection Regulation (GDPR), is VF-Auktionen GmbH, Auerspergstrasse 2/4A, 1010 Wien, Österreich, Tel.: +43-(0)1-4051457, Fax: +43-(0)1-405145714, E-Mail: info@viennafil.com. The controller in charge of the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
1.3 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the controller). You can recognize an encrypted connection by the character string https:// and the lock symbol in your browser line.
2) Data Collection When You Visit Our Website
When using our website for information only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called “server log files”). When you visit our website, we collect the following data that is technically necessary for us to display the website to you:
• Our visited website
• Date and time at the moment of access
• Amount of data sent in bytes
• Source/reference from which you came to the page
• Browser used
• Operating system used
• IP address used (if applicable: in anonymized form)
Data processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently, if there are any concrete indications of illegal use.
3) Cookies
In order to make your visit to our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your terminal and enable us or our partner companies (third-party cookies) to recognize your browser on your next visit (persistent cookies). If cookies are set, they collect and process specific user information such as browser and location data as well as IP address values according to individual requirements. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can check the duration of the respective cookie storage in the overview of the cookie settings of your web browser.
In some cases, cookies are used to simplify the ordering process by saving settings (e.g. remembering the content of a virtual shopping basket for a later visit to the website). If personal data are also processed by individual cookies set by us, the processing is carried out in accordance with Art. 6 (1) point b GDPR either for the execution of the contract or in accordance with Art. 6 (1) point f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.
We work together with advertising partners who help us to make our website more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies). You will be informed individually and separately about the use of such cookies and the scope of the information collected in each case within the following sections.
Please note that you can set your browser in such a way that you are informed about the setting of cookies and you can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or generally. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You will find these for the respective browsers under the following links:
Please note that the functionality of our website may be limited if cookies are not accepted.4) Contacting Us
When you contact us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for establishing contact and for the associated technical administration. The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry;
5) Data Processing When Opening a Customer Account and for Contract Processing
Pursuant to Art. 6 (1) point b GDPR, personal data will continue to be collected and processed if you provide it to us for the execution of a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. It is possible to delete your customer account at any time. This can be done by sending a message to the above-mentioned address of the controller. We store and use the data provided by you for contract processing. After complete processing of the contract or deletion of your customer account, your data will be blocked in consideration of tax and commercial retention periods and deleted after expiry of these periods, unless you have expressly consented to further use of your data or a legally permitted further use of data has been reserved by our site, about which we will inform you accordingly below.
6) Comment Function
As part of the comment function on this website, in addition to your comment, information about the time the comment was created and the commentator name you chose will also be stored and published on this website. Furthermore, your IP address will be recorded and stored. The storage of the IP address is done for security reasons and in case the person concerned violates the rights of third parties through a comment or posts illegal content. We need your email address to contact you if a third party should challenge your published content as illegal. The legal basis for storing your data is Article 6(1)(b) and (f) of the GDPR. We reserve the right to delete comments if they are reported as illegal by third parties.
7) Use of Client Data for Direct Advertising
7.1 If you subscribe to our e-mail newsletter, we will send you regular information about our offers. The only mandatory information for sending the newsletter is your e-mail address. The indication of additional possible data is voluntary and is used to allow us to address you personally. We use the so-called double opt-in procedure for sending newsletters. This means that we will not send you an e-mail newsletter, unless you have expressly confirmed to us that you agree to the sending of such a newsletter. We will then send you a confirmation e-mail asking you to confirm that you wish to receive future newsletters by clicking on an appropriate link.
7.2 Newsletter dispatch via Newsletter2GO
Our e-mail newsletter is sent by the technical service provider Newsletter 2GOGmbH, Köpenicker Str. 126, 10179 Berlin („Newsletter2GO“) to which we pass on your data provided during the newsletter registration. This disclosure is made in accordance with Art. 6 (1) point f GDPR and serves our legitimate interest in the use of an effective, secure and user-friendly newsletter system. The data you enter for newsletter subscription (e.g. e-mail address) will be stored on Newsletter2GO’s servers in Germany.
Newsletter2GO uses this information to send and statistically evaluate newsletters on our behalf. For evaluation purposes, the e-mails sent contain so-called web beacons or tracking pixels, which represent single-pixel image files stored on our website. This allows us to determine whether a newsletter message has been opened and which links have been clicked on. With the help of the so-called conversion tracking, it can also be determined whether a pre-defined action (e.g. purchase of a product on our website) has taken place after clicking on the link in the newsletter. In addition, technical information is recorded (e.g. time of retrieval, IP address, browser type and operating system). The data is exclusively collected in a pseudonymized format and is not linked with your other personal data, thus preventing you from being identified. This data is exclusively used for statistical analysis of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of the recipients.
If you wish to object to the data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.
We have concluded an order processing agreement with Newsletter2Go obliging Newsletter2Go to protect our customers’ data and not to pass it on to third parties.
You can read more about Newsletter2Go ‘s privacy policy at: www.newsletter2go.co.uk/data-protection/
8) Processing of Data for the Purpose of Order Handling
The personal data collected by us will be passed on to the transport company commissioned with the delivery within the scope of contract processing, insofar as this is necessary for the delivery of the goods. We will pass on your payment data to the commissioned credit institution within the framework of payment processing, if this is necessary for payment handling. If payment service providers are used, we explicitly inform you of this below. The legal basis for the transfer of data is Art. 6 (1) point b GDPR.
9) Use of Social Media: Videos
Use of YouTube Videos
This website uses the YouTube embedding feature to display and play videos from the provider “YouTube,” which is part of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”).
In this context, the extended data protection mode is used, which, according to the provider, only triggers the storage of user information when the video(s) is/are played. When the playback of embedded YouTube videos starts, “YouTube” uses cookies to collect information about user behavior. According to YouTube, these cookies are used to collect video statistics, improve user-friendliness, and prevent abusive practices. If you are logged into Google, your data will be directly associated with your account when you click on a video. If you do not want your activity to be linked to your YouTube profile, you must log out before activating the button. Google stores your data (even for users not logged in) as usage profiles and analyzes them. Such analysis is done, in particular, according to Article 6(1)(f) of the GDPR, based on Google’s legitimate interests in displaying personalized advertising, market research, and/or tailoring its website to meet user needs. You have the right to object to the creation of these user profiles, but you must contact YouTube directly to exercise this right.
When using YouTube, personal data may also be transmitted to Google LLC servers in the USA.
Regardless of whether the embedded videos are played or not, each time this website is accessed, a connection to the Google network is established, which may trigger further data processing beyond our control.
In the event of the transfer of personal data to Google LLC, based in the USA, Google LLC is certified under the US-European data protection agreement “Privacy Shield,” which ensures compliance with the data protection standards applicable in the EU. A current certificate can be viewed here: www.privacyshield.gov/list
10) Web Analysis Services
Google (Universal) Analytics
This website uses Google (Universal) Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). Google (Universal) Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website (including the abbreviated IP address) is usually transferred to a Google server and stored there, and may also be transferred to the servers of Google LLC. in the USA.
This website uses Google (Universal) Analytics exclusively with the extension “_anonymizeIp()”, which ensures anonymization of the IP address by shortening it and excludes the possibility of direct personal reference. Through the extension, your IP address will be shortened by Google within member states of the European Union or in other signatory states of the Agreement on the European Economic Area before. Only in exceptional cases will the full IP address be transferred to a server of Google LLC. in the USA and shortened there. On our behalf, Google will use this information to evaluate your use of the website, to compile reports on the website activities and to provide us with further services related to the use of the website and the Internet. The IP address transmitted by your browser within the framework of Google (Universal) Analytics is not combined with other Google data.
All the processing described above, in particular the setting of Google Analytics cookies for reading information on the terminal device used, is only carried out if you have given us your express consent in accordance with Art. 6 Para. 1 letter a GDPR. Without this consent, the use of Google Analytics during your visit to our website will not take place.
You can withdraw your consent at any time with effect for the future. To exercise your right of withdrawal of consent, please deactivate this service in the “Cookie-Consent-Tool” provided on the website. We have concluded a data processing agreement with Google for the use of Google Analytics, which obliges Google to protect the data of our site visitors and not to pass it on to third parties.
For the transmission of data from the EU to the USA, Google relies on so-called standard data protection clauses of the European Commission, which are intended to ensure compliance with the European data protection level in the USA.
Further information about Google (Universal) Analytics can be found here: https://policies.google.com/privacy?
hl=en&gl=en
11) Tools and Others
11.1 Google reCAPTCHA
On this website we also use the reCAPTCHA function of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). This function is mainly used to distinguish whether an entry is made by a natural person or misused by automatic and automated processing. The service includes the sending of the IP address and possibly other data required by Google for the reCAPTCHA service to Google and is carried out in accordance with Art. 6 (1) point f GDPR, on the basis of our legitimate interest in determining the individual willingness of actions on the Internet and avoiding misuse and spam.
Further information about Google reCAPTCHA and Google’s privacy policy can be found at: https://policies.google.com/privacy?hl=en-GB
11.2 Google Maps
Our website uses Google Maps (AP’I) of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). Google Maps is a web service for displaying interactive (country) maps in order to display geographical information visually. Using this service will show you our location and will make it easier for you to find us.
When you access the sub-pages that contain the Google Maps map, information about your use of our website (such as your IP address) is transmitted to and stored by Google on servers. When using Google Maps, personal data may also be transmitted to the servers of Google LLC. in the USA. This is regardless of whether Google provides a user account that you are logged in with or whether no user account exists. If you are logged in to Google, your information will be directly associated with your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them. Such an evaluation takes place according to Art. 6 (1) point f GDPR, on the basis of the legitimate interests of Google in the insertion of personalized advertising, market research and/or demand-oriented design of its website. You have the right to object to the creation of these user profiles. If you want to do so, you must contact Google to exercise this right.
If you do not agree to the future transmission of your data to Google in the context of using Google Maps, you may completely deactivate the Google Maps web service by switching off the JavaScript application in your browser. In this case, Google Maps as well as the map display on this website cannot be used.
The Google terms of use can be found at: https://policies.google.com/terms?hl=en. The additional terms of use can be found at: https://www.google.com/intl/en-US_US/help/terms_maps.html.
You can find detailed information on data protection in connection with the use of Google Maps on Google’s website (“Google Privacy Policy”) at: https://policies.google.com/privacy?hl=en.
To the extent required by law, we have obtained your consent to the processing of your data as described above in accordance with Art. 6 (1) point a GDPR. You can revoke your consent at any time with effect for the future. In order to exercise your revocation, please follow the procedure described above for submitting an objection.
11.3 Google Web Fonts
This site uses web fonts provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”) to uniformly display fonts. When you call up a page, your browser loads the required web fonts into its browser cache to display texts and fonts correctly.
To do this, the browser you are using must have a connection to Google’s servers. When using Google Maps, personal data may also be transmitted to the servers of Google LLC. in the USA. In this way, Google will be informed that our website has been accessed via your IP address. Google Web Fonts are used for the purpose of a uniform and attractive presentation of our online offers and its use is in our legitimate interest within the meaning of Art. 6 (1) point f GDPR. If your browser does not support web fonts, a default font is used by your computer.
Further information about Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy: https://policies.google.com/privacy?hl=en.
10) Rights of the Data Subject
10.1 The applicable data protection law grants you the following comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data:
– Right of access by the data subject pursuant to Art. 15 GDPR: You shall have the right to receive the following information: The personal data processed by us; the purposes of the processing; the categories of processed personal data; the recipients or categories of recipients to whom the personal data have been or will be disclosed; 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 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 are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling and at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject; the appropriate safeguards pursuant to Article 46 when personal data is transferred to a third country.
– Right to rectification pursuant to Art. 16 GDPR: You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning you and/or the right to have incomplete personal data completed which are stored by us.
– Right to erasure (“right to be forgotten”) pursuant to Art. 17 GDPR: You have the right to obtain from the controller the erasure of personal data concerning you if the conditions of Art. 17 (2) GDPR are fulfilled. However, this right will not apply for exercising the freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims.
– Right to restriction of processing pursuant to Art. 18 GDPR: You have the right to obtain from the controller restriction of processing your personal data for the following reasons: As long as the accuracy of your personal data contested by you will be verified. If you oppose the erasure of your personal data because of unlawful processing and you request the restriction of their use instead. If you require the personal data for the establishment, exercise or defense of legal claims, once we no longer need those data for the purposes of the processing. If you have objected to processing on grounds relating to your personal situation pending the verification whether our legitimate grounds override your grounds.
– Right to be informed pursuant to Art. 19 GDPR: If you have asserted the right of rectification, erasure or restriction of processing against the controller, he is obliged to communicate to each recipient to whom the personal date has been disclosed any rectification or erasure of personal data or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed about those recipients.
– Right to data portability pursuant to Art. 20 GDPR: You shall have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format or to require that those data be transmitted to another controller, where technically feasible.
– Right to withdraw a given consent pursuant to Art. 7 (3) GDPR: You have the right to withdraw your consent for the processing of personal data at any time with effect for the future. In the event of withdrawal, we will immediately erase the data concerned, unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
– Right to lodge a complaint pursuant to Art. 77 GDPR: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
10.2 RIGHT TO OBJECT
IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
11) Duration of Storage of Personal Data
The duration of the storage of personal data is based on the respective legal basis, the purpose of processing and – if relevant – on the respective legal retention period (e.g. commercial and tax retention periods).
If personal data is processed on the basis of an express consent pursuant to Art. 6 (1) point a GDPR, this data is stored until the data subject revokes his consent.
If there are legal storage periods for data that is processed within the framework of legal or similar obligations on the basis of Art. 6 (1) point b GDPR, this data will be routinely deleted after expiry of the storage periods if it is no longer necessary for the fulfillment of the contract or the initiation of the contract and/or if we no longer have a justified interest in further storage.
When processing personal data on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection in accordance with Art. 21 (1) GDPR, unless we can provide compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If personal data is processed for the purpose of direct marketing on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection pursuant to Art. 21 (2) GDPR.
Unless otherwise stated in the information contained in this declaration on specific processing situations, stored personal data will be deleted if it is no longer necessary for the purposes for which it was collected or otherwise processed.
In the event of discrepancies in interpretation between texts in multiple languages, only the German version is decisive and binding.
