Data protection declaration

We are truly delighted that you are interested in our company. The management of Intemann GmbH attaches great importance to data protection. It is fundamentally possible to access the Intemann GmbH web pages without providing any personal data. However, should a data subject be interested in making use of the special services offered by our company via our website, it may become necessary to process personal data. If the processing of personal data becomes necessary and should there be no legal basis for such processing, we will in principle obtain the consent of the data subject.

The processing of any personal data, for example a person’s name, address, e-mail address or telephone number, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to Intemann GmbH. By way of this data protection declaration, our company seeks to inform the public about the nature, scope and purpose of the personal data we collect, use and process. This data protection declaration also informs the data subjects with regard to their rights.

As the party responsible for data processing, Intemann GmbH has implemented numerous technical and organisational measures in order to ensure that the personal data processed via this website is protected to the greatest extent possible. However, data transmissions over the Internet may still be subject to security gaps, so that absolute protection cannot be guaranteed. Consequently, all data subjects are entitled to have their personal data transmitted to us by alternative means, such as via telephone.

1. Definitions

Intemann GmbH’s data protection declaration is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and easily understandable for the general public, as well as our customers and business partners. To ensure this, we would first like to explain the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

a)    Personal Data

Personal data refers to 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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b)    Data Subject

A Data Subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

c)    the purposes of the processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d)    Restriction of Processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

e)    Profiling

Profiling refers to any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

f)     Pseudonymisierung

Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific Data Subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

g)    Controller or Controller Responsible for the Processing

The controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

h)    Data Processor

The data processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i)      Empfänger

The recipient is a natural or legal person, public authority, agency or another body to which the personal data are disclosed, whether such recipient is 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.

j)      Dritter

A third party is a natural or legal person, public authority, agency or body other than the Data Subject, controller, data processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

k)    Einwilligung

Consent of the Data Subject is any freely given, informed and unambiguous indication of the Data Subject’s wishes in a specific case by which he or she, in the form of a statement or other clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

 

2. Name and Address of the Controller

The controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is: 

Intemann GmbH
Dammstraße 4
6923 Lauterach
Austria

Tel.: +43 (0) 5574 85444
E-mail: office(at)intemann.at
Website: www.intemann.at

3. Collection of General Data and Information

Intemann GmbH’s website collects a series of general data and information each time a Data Subject or automated system calls up the website. This general data and information is stored in the log files of the server. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites that are reached via an accessing system on our website, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems. 

When using these general data and information, Intemann GmbH does not draw any conclusions about the Data Subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimise the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Intemann GmbH evaluates this anonymously collected data and information on the one hand statistically and on the other hand with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimal protection level for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a Data Subject.

4. Routine Erasure and Blocking of Personal Data

The data controller shall process and store the personal data of the Data Subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

5. Rights of the Data Subject

a)    Right of Confirmation

Each Data Subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a Data Subject wishes to avail himself or herself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

b)    Right of Access

Each Data Subject has the right granted by the European legislator to obtain from the controller information on the personal data stored about him/her and a copy of this information at any time and free of charge. Furthermore, the European legislator grants the Data Subject access to the following information:

 

Furthermore, the Data Subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the Data Subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

 

If a Data Subject wishes to avail himself or herself of this right of access, he or she may, at any time, contact any employee of the controller.

the purposes of the processing

the categories of personal data concerned

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 organisations

where possible, the envisaged period of time for which the personal data will be stored, or, if not possible, the criteria used to determine that period

the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the Data Subject, or to object to such processing

the existence of the right to lodge a complaint with a supervisory authority

where the personal data are not collected from the Data Subject: any available information as to their source

the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the Data Subject

 

c)    Right to Rectification

Each Data Subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the Data Subject shall also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a Data Subject wishes to avail himself or herself of this right of rectification, he or she may, at any time, contact any employee of the controller.

d)    Right to Erasure (Right to be Forgotten)

Each Data Subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

 

If one of the aforementioned reasons applies, and a Data Subject wishes to request the erasure of personal data stored by Intemann GmbH, he or she may, at any time, contact any employee of the controller. An employee of Intemann GmbH shall promptly ensure that the erasure request is complied with immediately.

Where Intemann GmbH has made personal data public and our company as the controller is obligated pursuant to Article 17(1) of the GDPR to erase the personal data, Intemann GmbH, taking into account the available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the Data Subject has requested erasure by such controllers of any links to or copies or replications of those personal data, as far as processing is not required. An employee of Intemann GmbH shall arrange the necessary measures in individual cases.

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

The Data Subject withdraws consent on which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.

The Data Subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the Data Subject objects to the processing pursuant to Article 21(2) of the GDPR.

The personal data have been unlawfully processed.

The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

 

e)    Right of Restriction of Processing

Each Data Subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

 

If one of the aforementioned conditions is met, and a Data Subject wishes to request the restriction of the processing of personal data stored by Intemann GmbH, he or she may at any time contact any employee of the controller. An employee of Intemann GmbH shall arrange the restriction of the processing.

The accuracy of the personal data is contested by the Data Subject, for a period enabling the controller to verify the accuracy of the personal data.

The processing is unlawful and the Data Subject opposes the erasure of the personal data and requests the restriction of the use of the personal data instead.

The controller no longer needs the personal data for the purposes of the processing, but they are required by the Data Subject for the establishment, exercise or defence of legal claims.

The Data Subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the Data Subject.

 

f)     Right to Data Portability

Each Data Subject shall have the right, granted by the European legislator, to receive the personal data concerning him or her which was provided to a controller in a structured, commonly used and machine-readable format. He or she shall also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. 

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the Data Subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. 

In order to assert the right to data portability, the Data Subject may at any time contact any employee of Intemann GmbH.

g)    Right to Object

Each Data Subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to the processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

 

Intemann GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the Data Subject, or for the establishment, exercise or defence of legal claims.

If Intemann GmbH processes personal data for direct marketing purposes, the Data Subject shall have the right to object at any time to the processing of personal data concerning him or her for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the Data Subject objects to Intemann GmbH regarding processing for direct marketing purposes, Intemann GmbH will no longer process the personal data for these purposes.

In addition, the Data Subject has the right, on grounds relating to his or her particular situation, to object to the processing of personal data concerning him or her by Intemann GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest. 

In order to exercise the right to object, the Data Subject may directly contact any employee of Intemann GmbH or any other employee. In addition, the Data Subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

h)    Automated Decision-Making in Individual Cases including Profiling

Each Data Subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly affects him or her in a significant way, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the Data Subject and the data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the Data Subject’s rights and freedoms and legitimate interests, or (3) is not based on the Data Subject’s explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the Data Subject and the data controller, or (2) it is based on the Data Subject’s explicit consent, Intemann GmbH shall implement suitable measures to safeguard the Data Subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

If a Data Subject wishes to exercise the rights concerning automated decision-making in individual cases, he or she may, at any time, contact any employee of the controller.

i)      Right to Withdraw Data Protection Consent

Each Data Subject shall have the right granted by the European legislator to withdraw his or her consent to the processing of his or her personal data at any time.

If a Data Subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the controller.

6. Data Protection for Applications and the Application Procedures

The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents via e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).

7. Data Protection Provisions about the Application and Use of Google Analytics (with Anonymisation Function)

On this website, the controller has integrated the component of Google Analytics (with the anonymiser function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behaviour of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimisation of a website and in order to carry out a cost-benefit analysis of Internet advertising.

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

For the web analytics through Google Analytics, the controller uses the application “_gat. _anonymizeIp”. By means of this application the IP address of the Data Subject’s Internet connection is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area. 

The purpose of the Google Analytics component is to analyse the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide us with online reports, which show the activities on our websites, and to provide other services concerning the use of our website.

Google Analytics places a cookie on the information technology system of the Data Subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyse the use of our website. With each call-up to one of the individual pages of this website, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the Data Subject will automatically submit data to Google through the Google Analytics component for the purpose of online analysis. During the course of this technical procedure, the Google enterprise gains knowledge of personal information, such as the IP address of the Data Subject, which Google uses, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.

The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits to our website by the Data Subject. With each visit to our website, such personal data, including the IP address of the Internet connection used by the Data Subject, will be transmitted to Google in the United States of America. Google stores these personal data in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.

The Data Subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the Data Subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.

In addition, the Data Subject has the possibility of objecting to the collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the possibility to preclude any such collection. For this purpose, the Data Subject must download a browser add-on under the link tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics by means of JavaScript that any data and information about the visits of websites may not be transmitted to Google Analytics. The installation of the browser add-on is considered an objection by Google. If the information technology system of the Data Subject is later deleted, formatted, or newly installed, then the Data Subject must reinstall the browser add-on so as to disable Google Analytics. If the browser add-on was uninstalled or disabled by the Data Subject or by any other person who is attributable to their sphere of competence, it is possible to execute the reinstallation or reactivation of the browser add-on.

Further information and the applicable data protection provisions of Google may be retrieved under www.google.com/intl/en/policies/privacy/ and under www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following link: www.google.com/analytics/.

8. Legal Basis for the Processing

Art. 6(1) lit. a of the GDPR serves as the legal basis for our company for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the Data Subject is party, as is the case, for example, when processing operations that are necessary for the supply of goods or to provide any other service, the processing shall be based on Article 6(1) lit. b of the GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Should our company be subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing shall be based on Art. 6(1) lit. c of the GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the Data Subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d of the GDPR. Finally, processing operations could be based on Article 6(1) lit. f of the GDPR. This legal basis is applied for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the Data Subject. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. It considered that a legitimate interest could be assumed if the Data Subject is a client of the controller (Recital 47 Sentence 2 of the GDPR).

9. Legitimate Interests in the Processing Pursued by the Controller or by a Third Party

Where the processing of personal data is based on Article 6(1) lit. f of the GDPR, our legitimate interest is to carry out our business in favour of the well-being of all our employees and our shareholders.

10. Period for which the Personal Data will be Stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.

11. Provision of Personal Data as Statutory or Contractual Requirement; Requirement Necessary to Enter into a Contract; Obligation of the Data Subject to Provide the Personal Data; Possible Consequences of Failure to Provide Such Data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a Data Subject provides us with personal data, which must subsequently be processed by us. The Data Subject is, for example, obligated to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the Data Subject could not be concluded. Before personal data is provided by the Data Subject, the Data Subject must contact any of our employees. The employee will inform the Data Subject on a case-by-case basis whether the provision of the personal data is required by law or under a contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data, and what the consequences would be if the personal data were not provided. 

12. Existence of Automated Decision-Making

As a responsible company, we do not make use of automatic decision-making or profiling.

This data protection declaration has been generated by the Privacy Policy Generator from DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the Augsburg External Data Protection Officer, in cooperation with the IT and data protection lawyer Christian Solmecke based in Cologne.