Data privacy notice
EVG Entwicklungs- und Verwertungs- Gesellschaft m.b.H.
Version of 23.10.2018
1. Legal Basis
1.1 The EU General Data Protection Regulation, the Data Protection Act of 2000 and the Data Protection Amendment Act of 2018 serve the right of protection of personal data. We shall process your data only on the basis of legal requirements (General Data Protection Regulation, Data Protection Act 2018, Telecommunications Act 2003).
2.1. The controller in charge is EVG Entwicklungs- und Verwertungsgesellschaft m.b.H. (EVG for short), Gustinus-Ambrosi-Strasse 1-3, 8074 Raaba-Grambach; firstname.lastname@example.org.
2.2. Our prime concern is to protect and store safely any personal data that you disclose to us. This document provides for more detailed information about how we use and process your personal data.
3. Purpose Limitation, Legal Basis, Period of Storage and Recipient of Personal Data
3.1. We require the collected personal data to be able to work out quotations and/or to fulfil contracts, for invoicing and for the raising of contractual claims.
Moreover, we use your data for customer service purposes as well as for advertising and marketing purposes such as obtaining feedback on the services we rendered, for the dispatch of information on our products and services by e-mail and post, and for the sending out of invitations to information events, promotional/publicity events and exhibitions of EVG.
3.2. The main legal grounds for the processing of your personal data are the fulfilment of contracts and legal commitments.
As regards the use of data for advertising and marketing purposes we refer to your and our existing legitimate interest for the optimization of the services that we offer to you, and for future services (recital no. 47 of the GDPR and Art. 107 Telecommunications Act).
Moreover, there is a possibility to use your consent as legal basis for the use of data beyond the applications mentioned in the above.
The non-provision of data may have different consequences.
3.3. We process your personal data (title, first name, last name, e-mail address, company name, country, address, phone number, banking details, VAT number, commercial register number) as far as necessary throughout the entire life of our business relations (from initial business contact to the processing of orders until the expiration of a contract) and beyond according to the legal obligations to retain data and to keep records as required, among others, by the Commercial Code (UGB) or by the Federal Fiscal Code (BAO); and until the termination of any lawsuit, running warranty periods, product liability; and/or until the termination of your and our legitimate interests.
3.4. Only when needed, your data will be disclosed to authorities, courts, insurance companies, lawyers, tax consultants, banks, administrative authorities, debt collecting agencies, external financing agencies (e.g. leasing), co-contracting partners, providers. For example, we pass on your data (customer contact details and contact person, address, e-mail address, phone number, information about your lines) to our local agencies to be able to offer you our best service provided that there is an EVG agency in your territory.
3.5. For the purposes described herein, we, if need be, also pass on your data to service providers (agencies, affiliated companies, subcontractors), courts and/or administrative authorities outside the territory of Austria including countries that may not provide the same level of data protection. For the protection of data, they shall be transferred in compliance with the corresponding data transfer regulations and other protective measures.
3.6. Our invitations to exhibitions, invitations to customer presentations and the like are sent out to our customers via “mailchimp” (The Rocket Science Group LLC Georgia 675 Ponce De Leon Ave NE, Suite 5000 Atlanta, Georgia 30308). Your data are transferred also to countries outside the EU. A contract with a data processing company was concluded to ensure data security, conformity with GDPR and an appropriate level of data protection.
We are processing your data (contact data, address, date of birth, data included in application documents made available to us such as personal statement, CV, diplomas) only as long as required. We need these data during the application process. If your application was rejected these data will be saved for a maximum period of 6 months following the rejection (Sections 15, par. 1, and 29, par. 1, Equal Treatment Act, and Section 7k, par.1, in connection with par. 2, line 1 Act on Employment of People with Disabilities). Afterwards they will be deleted. Your contact data shall be kept on file for three years (Section 1486. line 5 General Civil Code).
4. Contact Form
4.1. Your information including your personal data in the contact forms of our website (service request, spare parts order, contact form) is transferred to us for further processing of your inquiry via our own mail server. This information will be processed by us and saved. The use of our contact form means that you consent to the processing of these data as you provide them voluntarily and as you wish to obtain information from us. Without your declaration of consent your provided data will not be collected or transferred. Without these data we will not be able to process your inquiry.
4.2. Data are processed on the basis of legal regulations of Section 96 par. 3 Telecommunications Act (TKG) and Art 6 par. 1 lit a (Consent) GDPR.
5. Online Shopping
5.1. We would like to point out that for the purpose of a simplified purchasing procedure and later processing of contracts by the EVG webshop operator not only IP data of the telephone subscriber are saved in the framework of cookies but also name, address, e-mail address, phone number and credit card number of the Buyer. Moreover, the following data shall be saved also in our data base for the purpose of contract management: name, address, e-mail address, phone number. The data provided by you are required for the fulfillment of the contract and for the performance of pre-contractual measures. Without these data we will not be able to conclude the contract with you.
5.2. The data, i.e. name, address, phone number and credit card number, are transferred to the banking establishments/biller services, which are in charge of handling, for the purpose of debiting the purchasing price, and to the carrier/shipping company we hired for the purpose of shipping of goods, and to our tax consultant for the purpose of fulfillment of our obligations to pay taxes. These entities, however, are not data processing companies of EVG for the indicated fields but act on their own responsibility.
5.3. Data are processed on the basis of legal regulations of Section 96 par. 3 Telecommunications Act (TKG) and Art 6, GDPR (in particular with regard to consent and/or necessity for the performance of a contract).
6.1. On our internet platform, cookies may be used in many ways. Cookies are small text information that allows recognizing a user and analyzing your use of our website. The information created this way is transferred to the server of the provider where it will be saved. They allow us to make our web presence altogether more user-friendly, more effective and safer. In addition, cookies serve to determine the frequency of page views and for general navigation.
6.2. With the use of our website you consent to the setting of cookies. You are free to disable cookies in your browser settings. Please see the instructions of your browser company to learn how to do so. If you decide to disable certain technical and/or functional cookies, functionality of our website may be impaired.
Some cookies remain stored in your terminal until you will delete them.
7. Consent and Right of Withdrawal
7.1. If the processing of your data requires your consent, we shall process them just after your explicit consent.
7.2. As a rule, we do not process data of minors nor are we authorized to do so. By giving your consent you confirm that you have turned 14 or that approval has been sought from your legal guardian.
7.3. You may withdraw your consent anytime by sending an e-mail to the following address: email@example.com. In this case, the data saved about you shall be anonymized and, in further consequence, they shall be used only for statistical purposes without reference to any persons. Withdrawal of your consent does not infringe on legitimacy of processing based on consent prevailing until withdrawal.
8. Data Security
8.1 EVG uses technical and organizational safety precautions in order to protect the saved personal data from accidental or intentional manipulation, loss or destruction and access by unauthorized persons. Our safety precautions shall be improved continuously according to technological progress.
9. Your Rights
9.1. You shall be entitled to obtain information about the corresponding personal data anytime from EVG’s controller. If there is no legal obligation to retain data, you shall be entitled to demand deletion of these data and to lodge an objection against processing. Furthermore, you are entitled to demand rectification of data and restriction of processing, data portability, and to lodge a complaint with the Austrian Data Protection Authority (Österreichische Datenschutzbehörde, Wickenburggasse 8-10, 1080 Vienna, e-mail: firstname.lastname@example.org).
9.2. If you have any questions about your rights, please contact us at email@example.com or write us:
EVG Entwicklungs- und Verwertungs Gesellschaft m.b.H.