I. Name and address of the controller

The controller in terms of the General Data Protection Regulation and other national data protection laws of the Member States as well as other data protection provisions is:

[KUBIDEZSE]
[Rockhgasse 4]
[1010 Vienna]
[Austria]
[Email: info@kubidezse.eu]
[Website: www.kubidezse.com]

 

II. Name and address of the data protection officer

The data protection officer of the controller is:

[KUBIDEZSE]
[Rockhgasse 4]
[1010 Vienna]
[Austria]
[Email: info@kubidezse.eu]
[Website: www.kubidezse.com]

 

III. General information on data processing

1. Scope for processing personal data

Below, we will inform you about the collection of personal data when using our website. Personal data is all data that can personally identify you, such as a name, address, email address or user behaviour. These and other definitions of the General Data Protection Regulation can be found here.

We collect and use the personal data of our users only to the extent necessary to provide a functional website and our contents and services. We only regularly collect and use the personal data of our users with their consent. An exception is made, for example, in such cases where prior consent cannot be obtained for factual reasons and where data processing is permitted by law.

2. Legal basis for processing personal data

Insofar as we obtain the consent of the data subject for processing personal data, Art. 6(1)(a) of the EU General Data Protection Regulation (GDPR) shall serve as the legal basis for the processing operations.

When processing personal data that is necessary for the performance of a contract to which the data subject is party, Art. 6(1)(b) GDPR shall serve as the legal basis. This shall also apply to processing operations to take steps at the request of the data subject prior to entering into a contract.

Insofar as processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Art. 6(1)(c) GDPR shall serve as the legal basis.

In the event that vital interests of the data subject or of another natural person make it necessary to process personal data, Art. 6(1)(d) GDPR shall serve as the legal basis.

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, Art. 6(1)(f) GDPR shall serve as the legal basis for processing.

3. Data erasure and storage period

The personal data of the data subject will be erased or blocked as soon as the purpose for storing personal data no longer applies. Furthermore, data may be stored if such storage has been provided for by the European or national legislative body in Union regulations, laws or other ordinances to which the controller is subject. The data will also be blocked or erased if a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the purpose of concluding or performing a contract.

4. Data transmission

Data will only be transferred to third parties within the framework of legal requirements, i.e. such as on the basis of Art. 6(1)(b) GDPR if this is necessary for contractual purposes or on the basis of Art. 6(1)(f) GDPR because of legitimate interests.

If we use external service providers to provide our services, they have been carefully selected and hired by us. They are bound by our instructions and are regularly monitored. We take appropriate legal precautions and appropriate technical and organisational measures to protect personal data.

Data will only be transferred to third countries in which the GDPR is not a directly applicable law if an appropriate level of data protection, user consent or other legal authorisation is provided.

5.  SSL encryption

To better protect transmitted content, our website uses SSL encryption. You can recognise such an encryption through the “https://” used in the address bar. For an unencrypted website, “http://” would be displayed instead. Due to SSL encryption, the data you transmit to our website cannot be read by unauthorised third parties.

 

IV. Website provision and log file creation

1. Description and scope of data processing

When you use the website for informational purposes only, i.e. when you do not register or otherwise transmit information to us, our system automatically collects data and information from the computer system of the computer calling up the website.

We collect the following data for that: 

• Information about the browser type and used version
• The user’s operating system
• The user’s Internet service provider
• The user’s IP address
• Date and time of access
• Time zone difference to Greenwich Mean Time (GMT)
• Websites from which the user’s system calls up our website
• Websites that are called up by the user’s system from our website

The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

2. Legal basis for data processing

The legal basis for the temporary storage of data and log files is Art. 6(1)(f) GDPR.

3. Purpose of data processing

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this purpose, the user’s IP address must be stored for the duration of the session.

Data is stored in log files to ensure the functionality of the website. In addition, the data is intended to optimise the website and to ensure the security of our information technology systems. The data is not evaluated for marketing purposes in this regard. 

These purposes also include our legitimate interest in data processing in accordance with Art. 6(1)(f) GDPR.

4. Storage duration

The data will be deleted as soon as the purpose for which the data was collected has been fulfilled. In the case data is collected to provide the website, this is the case when the respective session is ended.

In the case of storing data in log files, this is the case after seven days at the latest. Storing data beyond that is possible. In this case, the user’s IP addresses are deleted or distorted so that the client calling up the website can no longer be identified.

5. Possibility to object and have data removed

Collecting data so as to make the website available and storing data in log files is absolutely necessary for operating the website. It is therefore not possible for the user to object.

V. Use of cookies

1. Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the browser or by the browser on the user’s computer system. If a user visits a website, a cookie can be stored on the user’s operating system. This cookie contains a characteristic text-only string that allows the browser to be uniquely identified when you return to the website. Cookies cannot run applications or transmit viruses to your computer. They make our site more user-friendly and effective.

We also use cookies on our website that enable us to analyse the users’ surfing behaviour.

That might lead to the following data being transmitted:

• Search word input
• Frequency of page views
• Use of website functions

We also use third-party cookies on our website. These are cookies from affiliates, which are placed on our site. These cookies only contain pseudonymous data and for the most part even anonymous data. This can be data such as about which products you looked at, whether something was purchased or which products were searched for. Some of our advertising partners also collect information about which pages you previously visited or which products you are interested in, for example, in order to be able to display advertising that best suits your interests. This pseudonymous data will not be merged with your personal data at any time.

2. Legal basis for data processing

The legal basis for processing personal data using cookies is Art. 6 (1)(f) GDPR.

The legal basis for processing personal data using third-party cookies is Art. 6(1)(f) GDPR.

3. Purpose of data processing

The analytics cookies are used for the purpose of improving the quality of our website and its contents. With the help of these analytical cookies we learn how the website is used and can thus constantly optimise it.

These purposes also include our legitimate interest in the processing of personal data in accordance with Art. 6(1)(f) GDPR.

4. Storage duration and the possibility to object and have data removed

Cookies are stored on the user’s computer and are transmitted by it to our site. Therefore, you as a user also have full control over the use of cookies. Some cookies are only used temporarily (so-called transient cookies). They are automatically deleted when you close the browser. Some cookies are not automatically deleted when the browser is closed (so-called persistent cookies). They are automatically deleted after a predetermined period of time, which may vary depending on the cookie. By changing your browser settings, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done using auto-delete controls. If cookies are deactivated for our website, not all website functions may be able to be used to their full extent.

VI.      Contact form and email contact

1. Description and scope of data processing

There is a contact form on our website that can be used to get in touch with us electronically. If a user makes use of this option, the data he or she enters in the input mask will be transmitted to us and stored. This data is:

When you click send, we will ask for your consent to process your data and will make a reference to this privacy policy.

Alternatively, you may contact us using the provided email address. In this case the personal data of the user transmitted with the email will be stored.

No data is provided to third parties. The data will be used exclusively for processing the conversation.

2. Legal basis for data processing

The legal basis for processing the data is Art. 6(1)(a) GDPR if the user has given his or her consent.

The legal basis for processing data that is transmitted in the course of sending an email is Art. 6(1)(f) GDPR. If the contact aims at concluding a contract, an additional legal basis for the processing is Art. 6(1)(b) GDPR. 

The storage of further collected data is based on legitimate interests under Art. Art. 6(1)(f) GDPR.

3. Purpose of data processing

Processing the personal data from the input mask is intended only for processing the communication. In the case of making contact via email, the required legitimate interest in processing the data lies precisely in processing the conversation.

4. Storage duration

The data will be deleted as soon as the purpose for which the data was collected has been fulfilled. With regard to the personal data from the input mask of the contact form and the data sent by email, this is the case when the respective conversation with the user has ended. The conversation has ended when it is clear from the circumstances that the matter in question has been addressed to the user’s satisfaction.

5. Possibility to object and have data removed

The user has the possibility to revoke his or her consent to his or her personal data being processed at any time. If the user contacts us by email, he or she can object to his or her personal data being stored at any time. If this is the case, the conversation cannot be continued.

All personal data stored in the course of making contact will be deleted in this case.

VII. Online store

1. Description and scope of data processing

We offer users the possibility to conclude purchasing contracts on our website. If you wish to order via our online store, we require you to provide your personal data to conclude the contract; we need it for processing the order. You can enter this data in an input mask and transmit it to us. Mandatory information necessary for processing contracts is marked accordingly; any other information is voluntary.

The following data is collected during the ordering process:

• First and last name
• Address
• Phone number (voluntary)

We process the data you provide us to process your order. For this purpose, we may pass on your data to third parties for payment processing and shipping. The terms and conditions and privacy policies of the companies listed during the ordering process, in our payment and shipping information or in the respective transaction applications that you go through during the payment process apply.

The following additional data is also stored in the course of the online purchase:

• The user’s IP address
• Date and time of the purchase

To prevent unauthorised third-party access to your personal data, especially to financial information, the ordering process is encrypted using TLS technology.

2. Legal basis for data processing

The legal basis for processing the data is Art. 6(1)(a) GDPR if the user has given his or her consent.

When processing personal data that is necessary for the performance of a contract, Art. 6(1)(b) GDPR shall serve as the legal basis. This also applies to processing operations to take steps at the request of the data subject prior to entering into a contract. 

Data will only be transferred to third parties on the basis of Art. 6(1)(f) GDPR because of legitimate interests in optimising our website.

The legal basis for processing the provided data in accordance with commercial and tax law requirements is Art. 6(1)(c) GDPR. 

The storage of further collected data is based on legitimate interests under Art. Art. 6(1)(f) GDPR.

3. Purpose of data processing

Transmitting data is required for performing a contract with the user or for taking steps at the request of the user prior to entering into a contract.

A transfer of data to third parties is required for performing contractual purposes or is carried out for optimising our website, in which the legitimate interest in data processing according to Art. 6(1)(f) GDPR also lies.

Other personal data processed when placing the order is used to prevent abuse of the ordering process and to ensure the security of our information technology systems. These purposes also include our legitimate interest in data processing in accordance with Art. 6(1)(f) GDPR.

4. Storage duration

The data will be deleted as soon as the purpose for which the data was collected has been fulfilled. This is the case if the data is no longer required for performing the contract. Even after the contract is concluded, it may still be necessary to store personal data of the contracting party in order to comply with contractual or legal obligations. Due to commercial and tax law requirements, we are obligated to store your address, payment information and order information for a period of 10 years.

5. Possibility to object and have data removed

The user has the possibility to object to his or her personal data being stored at any time. You can contact us for this purpose by email or using another form of communication.

 

In this case, all personal data we store as part of concluding the contract will be deleted. Because the data is required for performing a contract or for taking steps at the request of the data subject prior to entering into a contract, an early deletion of the data is only possible if there are no contractual or legal obligations that prevent such deletion.

 

VIII. Use of Google Analytics

1. Description and scope of data processing

This Website uses Google Analytics, a web analytics service of Google Inc. (“Google”). Google Analytics uses so-called “cookies”, which are text files that are stored on your computer and enable your use of the website to be analysed. The information generated by the cookie about your use of this website is generally transmitted to a Google server in the United States and stored there. If IP anonymisation is activated on this website, your IP address will however first be truncated within Member States of the EU or in other countries which are parties to the Agreement on the European Economic Area. The full IP address will only be transmitted to a Google server in the United States and truncated there in exceptional cases. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports about your website activities and to provide the website operator with additional services related to your use of the website and of the Internet.

The IP address transmitted by your browser in connection with Google Analytics will not be combined with other data held by Google.

This website uses Google Analytics with the extension “_anonymizeIp()”. This means that IP addresses are further processed in a truncated format, thus excluding the possibility of directly identifying you personally. If the data collected about you contains a personal reference, this is immediately excluded and the personal data therefore deleted immediately.

2. Legal basis for data processing

The legal basis for using Google Analytics is Art. 6(1)(f) GDPR.

3. Purpose of data processing

We use Google Analytics to analyse and regularly improve the use of our website. With the statistics obtained, we can improve our website and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the United States, Google has subjected itself to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

These purposes also include our legitimate interest in data processing in accordance with Art. 6(1)(f) GDPR.

4. Storage duration

The exact data storage periods are unknown to us. We are not in possession of any information as to the deletion of the collected data.

5. Possibility to object and have data removed

You can prevent cookies from being saved by configuring your browser settings accordingly; however, please note that if you do so, you may not be able to fully use all the site’s features. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address), and from processing this data, by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

For more information about Google’s use of data as well as settings and opt-out options, please visit Google’s websites: https://www.google.com/intl/en/policies/privacy/partners/ (“Google’s use of your data when you use our affiliates’ websites or apps”), http://www.google.com/policies/technologies/ads, http://www.google.com/settings/ads (“Make the ads you see more useful to you”). 

IX. Rights of the data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you are entitled to the following rights vis-à-vis the controller:

1. Right of access

You can request confirmation from the controller as to whether we process personal data concerning you.

If such processing is done, you may request the following information from the controller:

(1) the purposes for which the personal data is processed;

(2) the categories of personal data that is processed;

(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;

(4) the planned duration of the storage of personal data concerning you or, if it is not possible to give specific details, criteria for determining the duration of storage;

(5) the existence of the right to request from the controller rectification or erasure of personal data, a right of restriction of processing of personal data concerning the data subject or the right to object to such processing;

(6) the right to lodge a complaint with a supervisory authority;

(7) where the personal data is not collected from the data subject, any available information as to their source;

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

You have the right to request access to information as to whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transfer.

This right of access may be limited in so far as it is expected to make it impossible or seriously hinder the achievement of the research or statistical purposes and the limitation is necessary for achieving the research or statistical purposes.

2. Right of correction

You have the right to have the controller rectify and/or complete any processed personal data concerning you, provided that it is incorrect or incomplete. The controller must rectify the information without undue delay.

This right of rectification may be limited in so far as it is expected to make it impossible or seriously hinder the achievement of the research or statistical purposes and the limitation is necessary for achieving the research or statistical purposes.

3. Right of restriction of processing

You may request that the processing of personal data concerning you be restricted subject to the following conditions:

(1) if you dispute the accuracy of the personal data concerning you for a period of time that allows the controller to verify the accuracy of the personal data;

(2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead;

(3) the controller no longer needs the personal data for the purposes of the processing, but you require it for the establishment, exercise or defence of legal claims; or

(4) if you have lodged an objection to the processing pursuant to Art. 21(1) GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.

Where processing of your personal data has been restricted, such data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If the restriction on processing was restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

This right of restricting processing may be limited in so far as it is expected to make it impossible or seriously hinder the achievement of the research or statistical purposes and the limitation is necessary for achieving the research or statistical purposes.

4. Right of erasure

a) Erasure obligation

You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller has the obligation to erase personal data without undue delay where one of the following grounds applies:

(1) the personal data concerning you is no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(2) you revoke your consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR and there is no other legal basis for the processing.

(3) you object to the processing in accordance with Art. 21(1) GDPR and there are no legitimate reasons for the processing, or you object to the processing in accordance with Art. 21(2) GDPR.

(4) the personal data concerning you has been unlawfully processed;

(5) the personal data concerning you has to be erased in order to comply with a legal obligation under Union or Member State law to which the controller is subject;

(6) the personal data concerning you has been collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.

b) Information to third parties

Where the controller has made the personal data concerning you public and is obligated to erase the personal data pursuant to Art. 17(1) GDPR, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, this personal data.

c) Exclusions

The right of erasure shall not apply to the extent that processing is necessary:

(1)  for exercising the right of freedom of expression and information;

(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

(3) for reasons of public interest in the area of public health in accordance with Art. 9(2)(h) and (i) and Art. 9(3) GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89(1) GDPR in so far as the right referred to in paragraph (a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

(5) for the establishment, exercise or defence of legal claims.

5. Right of information

If you have exercised the right to rectify, erase or restrict the processing vis-à-vis the controller, the controller is obligated to notify all recipients to whom the personal data concerning you has been disclosed of this rectification, erasure or restriction of processing, unless this proves to be impossible or involves a disproportionate amount of effort.

You have the right to be informed of these recipients by the controller.

6. Right to data portability

You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format. You have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, where:

(1) the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR; and

(2) the processing is carried out by automated means.

In exercising this right, you have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. The freedoms and rights of other persons may not be impaired thereby.

The right to data portability does not apply to processing personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right to object

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6(1)(e) or (f) GDPR, including profiling based on those provisions. Data protection is a main concern at Berliner Platz.

The controller shall no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

Where personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you shall no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

Where personal data concerning you is processed for scientific or historical research purposes or statistical purposes pursuant to Art. 89(1) GDPR, you, on grounds relating to your particular situation, have the right to object to processing.

This right to object may be limited in so far as it is expected to make it impossible or seriously hinder the achievement of the research or statistical purposes and the limitation is necessary for achieving the research or statistical purposes.

8. Right to withdraw consent under data protection law

You have the right to withdraw your consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

9. Automated individual decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. That shall not apply if the decision:

(1) is necessary for entering into or performing a contract between you and a data controller;

(2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or

(3) was made with your express consent.

These decisions may not be based on special categories of personal data referred to in Art. 9(1) GDPR, unless Art. 9(2)(a) or (g) applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

In the cases referred to in (1) and (3), the controller shall implement suitable measures to safeguard your 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.

10. Right to lodge a complaint with a supervisory authority

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.

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.