I. Name and address of the responsible person
The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection provisions is the: XXXLutz KG Römerstraße 39 4600 Wels Österreich Phone: +43 (0) 50 111 100 0 E-Mail: kundenservice@xxxlutz.at Website: www.xxxlutz.at Name and address of the data protection officer The data protection officer of the data controller is: E-Mail: datenschutz@xxxlutz.at
II. General information on data processing
1. scope of the processing of personal data
As a matter of principle, we process personal data of our users only insofar as this is necessary for the provision of a functional website as well as our contents and services. The processing of personal data of our users is regularly carried out only with the consent of the user. An exception applies in those cases where obtaining prior consent is not possible for actual reasons and the processing of the data is permitted by legal regulations. 2. legal basis for the processing of personal data.
Insofar as we obtain the consent of the data subject for processing operations involving personal data, Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis. When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) lit. b DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
Insofar as processing of personal data is necessary for the fulfillment of a legal obligation to which our company is subject, Art. 6 (1) lit. c DSGVO serves as the legal basis.
In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) lit. d DSGVO serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the first-mentioned interest, Art. 6 (1) f DSGVO serves as the legal basis for the processing.
3. data deletion and storage period
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may take place beyond this if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Blocking or deletion of data also takes place when a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.
III. Provision of the website, tracking and analysis
1. description and scope of data processing
Each time our website is called up, our system automatically collects data and information from the computer system of the calling computer. The following data is collected in this context:
(1) Information about the browser type and version used.
(2) The operating system of the user
(3) The user's Internet service provider
(4) The IP address of the user
(5) Date and time of access
(6) Websites from which the user's system accesses our website
(7) Websites that are accessed by the user's system via our website.
This 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 the data and the log files is Art. 6 para. 1 lit. f DSGVO.
3. purpose of data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session. The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes are also our legitimate interest in data processing according to Art. 6 para. 1 lit. f DSGVO.
4. duration of storage
The data is transferred into an aggregated form of user flows, which do not allow the traceability of individuals. The collected raw data is then deleted immediately. The aggregated statistical data is stored for analysis purposes.
In the case of storage of the data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
5. possibility of objection and elimination
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
IV. Information about the use of the website
1. description and scope of data processing
When users visit our website, this activity is automatically recognized in our deployed services for measurement and retargeting, provided that the user consents to this data processing. If the user is furthermore known to us as a customer and can be identified via browser cookies, for example, we store these product category and product interests obtained in this way in the customer profile already available to us on a personal basis.
(1) Information about websites visited
(2) The length of time the user spends on individual pages
(3) Stated references of the customer
(4) Contact data of the customer
(5) Cookies of the user
(6) Date and time of access
(7) Websites from which the user's system accessed our website.
We use this information, which is partly anonymous and, in the case of recognized existing customers and newsletter subscribers, personal, not only to improve our services and our product range, but also to provide targeted content and advertising measures that are tailored precisely to the interests and needs of the respective user. For this purpose, the aforementioned data of the user's behavior and preferences are collected and stored in the form of customer profiles and passed on to service providers for the implementation of advertising measures.
2. legal basis for data processing
The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f DSGVO.
3. purpose of data processing
The purpose is to carry out interest-related advertising measures as well as the presentation of personalized content in the online store and the mobile app, which are more useful and interesting for the user as well as more efficiently used in terms of marketing expenses than general advertising. This collected data is not used for any other purposes nor sold to third parties.
4. duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the purpose of identifying current customer interests, this is the case when the purchase process is presumably completed and thus there is no further customer demand for this type of product.
5. possibility of objection and elimination
The collection of service usage data and the storage of customer profiles is not mandatory for the operation of the website. Accordingly, the data is collected only with the consent of the user. The customer can revoke this consent at any time. If the data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, early deletion of the data is only possible insofar as contractual or legal obligations do not prevent deletion.
V. Use of cookies and integration of external content
Cookies and similar technologies, such as pixels, tags or beacons ("cookies") are used to make our offer as pleasant as possible for you. Cookies are small text files that enable recognition of the user and analysis of your use of our website.
Most of the cookies we use are automatically deleted from your hard drive at the end of the browser session ("session cookies"). Session cookies are required, for example, to offer you the shopping cart function across multiple pages. In addition, we also use cookies that remain on your hard drive beyond the session ("persistent cookies"). During a further visit, it is then automatically recognized that you have already been with us and which inputs and settings you prefer. In particular, these cookies serve to make our offer more user-friendly, effective and secure.
You can find the cookies we use in our cookie settings. There you will find information about the providers of the cookies, the purposes of the cookies, the categories of data processed, the legal basis for data processing in connection with the cookies, the storage period and the locations where the data is processed.
You can accept and reject cookies - apart from cookies that are absolutely necessary for the provision of our website - on your first visit to our website and at any time thereafter in our cookie settings. To do this, you must check or uncheck the box next to the cookie and click on "Save selection and agree". These settings apply to your computer and your mobile device. You can also change settings for cookies in your browser settings or via www.youronlinechoice.com. If you refuse cookies, certain pages on our website or provided functionalities may not be available.
VI. contact form and e-mail contact
1. description and scope of data processing
A contact form is available on our website, which can be used for electronic contact. If a user takes advantage of this option, the data entered in the input mask is transmitted to us and stored. These data are:
First and last name
E-mail address
Message/comment
If applicable, telephone no.
If applicable, a delivery and billing address
If applicable, your order number.
The following data is also stored at the time the message is sent:
(1) The IP address of the user
(2) Date and time of registration
For the processing of the data, your consent is obtained during the sending process and reference is made to this privacy policy.
Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user's personal data transmitted with the e-mail will be stored.
In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.
2. legal basis for data processing
The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 (1) lit. f DSGVO. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.
3. purpose of the data processing
The processing of personal data from the input mask serves us solely to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
VII. recipients of the data
1. order processors
We transfer your personal data to service providers with whom we work, for example, to provide the website and online store. We have carefully selected these service providers and have concluded order processing agreements with them.
2. third parties
We disclose your personal data to other responsible parties who process personal data for their own purposes, insofar as this is necessary for the execution of the contract or the provision of services (see, for example, section [III.] of this Privacy Policy). Our contractual partners may use the personal data thus transmitted exclusively for the purpose for which we transmitted it. The transfer of your personal data is made for the performance of the contract (Art. 6 para. 1 lit. b DSGVO) or due to our legitimate interest (Art. 6 para. 1 lit. f. DSGVO) to make our operations efficient.
3. legal obligation or enforcement of legal obligations.
We transfer your personal data to third parties if required or permitted by law and to investigate or prevent suspected or actual unlawful activities.
4. transfer to third countries
If we transfer your personal data to countries outside the European Economic Area (EEA) or commission processors in such countries (for example, in the USA), we implement the standards and security mechanisms required by law. We achieve this, for example, by agreeing to the so-called EU standard contracts. Please contact us as described in section i to learn more about the specific security mechanisms we use.
VIII Rights of the data subject
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:
1. right of access
You may request confirmation from the controller as to whether personal data concerning you are being processed by us.
If such processing is taking place, you may request information from the controller about the following:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data which are 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 the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information on the origin of the data, if the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information about whether personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transfer.
2. right to rectification
You have a right to rectification and/or completion vis-à-vis the controller if the personal data processed concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.
3. right to restriction of processing
You may request the restriction of the processing of personal data concerning you under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need it for the establishment, exercise or defense of legal claims; or
(4) if you have objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the controller's legitimate grounds override your grounds.
If the processing of personal data concerning you has been restricted, such data may - apart from being stored - only be processed with your consent or for the establishment, exercise or defense 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 a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted. 4. right to deletion
a) Obligation to delete
You may request the controller to erase the personal data concerning you without undue delay, and the controller is obliged to erase such data without undue delay, if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for 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) DSGVO and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 (1) DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) DSGVO.
(4) The personal data concerning you have been processed unlawfully.
(5) The erasure of the personal data concerning you is necessary for compliance 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 information society services offered pursuant to Article 8(1) DSGVO.
b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.
c) Exceptions
The right to erasure does not exist to the extent that the processing is necessary
(1) for the exercise of the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing under 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 pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Art. 89(1) DSGVO, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
(5) for the assertion, exercise or defense of legal claims.
(6) Right to information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right against the controller to be informed about these recipients.
6. right to data portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that.
(1) the processing is based on consent pursuant to Art. 6(1)(a) DSGVO or Art. 9(2)(a) DSGVO or on a contract pursuant to Art. 6(1)(b) DSGVO and
(2) the processing is carried out with the help of automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.
The right to data portability does not apply to processing of 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 of objection
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.
If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to processing of the personal data concerning you for the purposes of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.
8. right to revoke the declaration of consent under data protection law.
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
9 Automated decision in individual cases 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. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the controller,
(2) is permitted by legal provisions of the Union or the Member States to which the controller is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests; or
(3) is made with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.
10. right to complain to 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 residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.