Privacy policy according to Art. 13 DSGVO

All personal designations are always intended to be gender-neutral and are used solely for simplified readability.

1  Person responsible for data processing

Responsible according to Art. 4 para. 7 EU General Data Protection Regulation (DSGVO) is

Schwertner & Cie Nfg  & GmbH Co KG Abzeichen - Metallwaren
Georgigasse 28, 8026 Graz, Austria

Phoe: +43 ( 0 ) 316 / 582 614
Fax: +43 ( 0 ) 316 / 582 614 18 

datenschutz@schwertner.at

To keep possible security gaps as low as possible, the website uses SSL or TLS encryption. Nevertheless, we point out that the Internet-based data transmission has security gaps and complete protection against access by third parties is therefore impossible.

The use of our site is possible without providing personal data. For the use of individual services of our site, different rules may apply, which in this case are explained separately below. The following regulations inform you about the type, scope and purpose of the collection, use and processing of personal data by the responsible party.

 

2 Data processing of  persons in the business environment

We process the data that various persons provide to us through their own statements, for example in the context of an inquiry by e-mail, for the initiation and conclusion of a contract or a business relationship. Furthermore, we process data of persons who participate in events or attend training courses.

2.1 Persons concerned

We process the following data from interested parties: Company, name of contact person and professional contact and address data.

From customers we process the following data: Company, title and names of contact persons, professional address data and contact data, bank details, contract data including creditworthiness data.

From suppliers and business partners we process the following data: Company, title and names of contact persons, professional address data and contact data, bank details, contract data.

2.2 Data sharing

Personal data will only be passed on to third parties by us if this is necessary for the purpose of contract processing and contract fulfillment or due to legal regulations.

2.3 Data retention / deletion

The data will be deleted by us as soon as storage is no longer necessary or legal storage obligations, such as those under sales tax law, have expired. If the basis of the processing is consent, we restrict the processing or delete the data upon revocation of the consent - unless there are legal provisions to the contrary.

2.4 Contact by e-mail

When you contact us by e-mail, the data you provide will be stored by us on the basis of your consent in order to answer your questions. We delete the data accruing in this context after the processing is no longer necessary or restrict the processing if there are legal retention obligations.

2.5 Legal basis

The legal basis for data processing are

  • contract initiation and fulfillment according to Art. 6 para. 1 lit. b DSGVO.
  • legal obligations pursuant to Art. 6 para. 1 lit. c DSGVO, (for example, legally required storage and documentation obligations).
  • Legitimate interests of our company within the meaning of Art. 6 Para. 1 lit. f DSGVO (e.g. statistical evaluations)
  • Art 6 (1) lit. a DSGVO when obtaining consent (for example, when processing image data or for advertising purposes).

3 Data processing when contacting us via our website, newsletter and application

3.1 Contact

If you have asked us to contact you via our web form or you have sent us a message, then we store the data from you that is necessary to contact you. This is your first and last name, your email address, your phone number and the data that you provide us in the contact form. The data will be deleted by us as soon as storage is no longer necessary or you object to the processing.

Legal basis: Art. 6 para. 1 lit. a DSGVO

3.2 Newsletter

You have the possibility to subscribe to our newsletter. For this we need your email address. You can cancel the receipt of the newsletter at any time. After unsubscribing, we will no longer use your data for sending the newsletter. If we do not have any business relationship with you and are not subject to any legal retention obligations, your data will be deleted after unsubscribing from the newsletter.

Legal basis: Art. 6 para. 1 lit. a DSGVO

3.3 Applicants

If you send us your application documents, we will process your personal data contained therein as well as your CV and references for the purpose of personnel selection and filling the position. In the event of a rejection, we will delete your documents 7 months after sending the rejection to you.

Legal basis: Art. 6 para. 1 lit. b DSGVO

Should you consent to be kept on record with us for contact at a later date, we will approach you with a separate request to provide consent. If you explicitly give us this consent, we will store your consent. If there is no further opportunity to fill a position with us within one year, we will delete all of your applicant data one year after you send us your consent.

Legal basis: Art. 6 para. 1 lit. b DSGVO

4 Data processing when visiting our website

4.1 Informational use of the website

In the case of merely informative use of the website, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect at most the data that is technically necessary for us to display our website to you and to ensure its stability and security:

  • IP-adress
  • Date and time of the request
  • Time zone difference from Coordinated Universal Time (UTC)
  • Content of the request (concrete page)
  • Access status/HTTP status code
  • Website from which the request comes
  • Browser
  • Operating system and its interface
  • Language and version of the browser software.

Legal basis: Art. 6 para. 1 lit. b DSGVO

4.2 Cookies

In addition to the previously mentioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive assigned to the browser you are using and through which the body that sets the cookie (here by us), certain information flows. Cookies cannot execute programs or transfer viruses to your computer.

The cookie allows you to be recognized when you visit the website without having to re-enter data that you have already entered previously.

The information contained in the cookies is used, for example, to determine whether you are logged in or what data you have already entered, or to recognize you as a user when a connection is established between our web server and your browser. Cookies are automatically accepted by most web browsers.

By using our websites, you agree to the use of these cookies, insofar as cookies are accepted according to your browser settings.

4.2.1 Transient Cookies

Transient cookies are automatically deleted when you close the browser. These include in particular the session cookies. These store a so-called session ID, with which various requests of your browser can be assigned to the common session. This allows your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.

4.2.2 Persistent Cookies

Persistent cookies are automatically deleted after a specified period of time, which may differ depending on the cookie. You can delete the cookies in the security settings of your browser at any time.

4.2.3 Third-party cookies

These originate from providers other than the operator of the website. For example, they may be used to collect information for advertising, custom content, and web statistics.

4.2.4 Browser

Most browsers are set by default to accept all cookies. You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of our website may be limited.

You can remove cookies stored on your PC yourself at any time by deleting the temporary internet files.

Legal basis: Art. 6 para. 1 lit. f DSGVO (for technical cookies), Art. 6 para. 1 lit. a DSGVO (for all other cookies).

4.3 Datenverarbeitung in den USA

It cannot be ruled out that personal data will be transmitted to the USA when visiting our website. If this is the case, we point this out separately in this privacy policy.

The GDPR requires so-called suitable guarantees according to Art. 46 GDPR for a data transfer to a third country or to an international organization. Such guarantees do not exist for the USA.

Possible risks that cannot currently be excluded for you as a data subject in connection with the aforementioned information are in particular:

  • Your personal data could possibly be passed on to other third parties (e.g.: US authorities) by the respective service provider beyond the actual purpose of fulfilling the order.
  • You may not be able to sustainably assert or enforce your rights to information against the respective service provider.
  • There may be a higher probability that incorrect data processing may occur because the technical organizational measures for the protection of personal data do not fully meet the requirements of the GDPR in terms of quantity and quality.

With your consent to the processing of (advertising and marketing) cookies, you explicitly agree to the transfer of data to the USA. You can remove cookies stored on your PC yourself at any time by deleting the temporary internet files.

Legal basis: Art. 6 para. 1 lit. a DSGVO

5 Data processing when using Facebook Connect

o log in to the website, the Facebook profile can also be used via Facebook Connect of the social network Facebook (Facebook Ireland Ltd., 4 Grand Canal Square Grand Canal Harbour, Dublin 2, Ireland).

By clicking on the button provided, a pop-up in the design of the Facebook login mask will open. Here you enter your Facebook login data, agree to the data transfer and are thus logged in to our website. If you are already logged in to Facebook, you no longer need to log in to our website. The connection between Facebook and our website is automatic. Consent to access certain data at Facebook must still be set.

We have concluded a contract with Facebook Ireland, nevertheless it may happen that Facebook Ireland transfers personal data to Facebook USA.

Through the use of this service, a transmission of personal data to the USA takes place or cannot be excluded! - More details under 4.3 of this declaration.

We have enabled the Automatic Advanced Matching feature in connection with the Facebook Pixel feature. This allows us to share hashed email addresses, names, gender, city, state, postcode and dates of birth or phone numbers with Facebook if you have provided us with this information. This allows us to target our advertising campaigns on Facebook even more specifically to people who are interested in our products or services.

For more information, please see Facebook's data policy at  https://de-de.facebook.com/policy.php.

For specific information about Facebook Pixels, please refer to https://de-de.facebook.com/business/help/651294705016616.

Legal basis: Art. 6 para. 1 lit. a DSGVO

6 Data processing for Google services

We have concluded a contract with Google Ireland Limited ("Google"), a company registered and operated under Irish law (registration number: 368047) with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland. Nevertheless, it may happen that data is transferred from Europe to the USA, over which, however, we as a company have no influence.

Through the use of this service, a transmission of personal data to the USA takes place or cannot be excluded! - More details under 4.3 of this declaration.

Legal basis: Art. 6 para. 1 lit. a DSGVO

6.1 Google Analytics

This website uses the function "Activation of IP anonymization" (i.e. Google Analytics has been extended by the code "gat._anonymizeIp();" to ensure anonymized collection of IP addresses (so-called IP masking)). This means that your IP address is shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.

According to Google, Google will use the information obtained to evaluate your use of the website, compiling reports on website activity and providing us with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with any other data held by Google. However, Google may transfer this information to third parties if this is required by law or if third parties process this data on behalf of Google. You can prevent the storage of cookies by selecting the appropriate settings on your browser software. However, we would like to point out that in this case you may not be able to use all functions of the websites to their full extent. You can also prevent the collection of data generated by the cookie and related to your use of the websites (including your anonymized IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link (https://tools.google.com/dlpage/gaoptout?hl=de).

For more information on terms of use and privacy, please visit  https://www.google.com/analytics/terms/de.html or  https://support.google.com/analytics/answer/6004245?hl=de.

6.2 Google Analytics Conversion Tracking (Google Ads)

This website also uses Google Conversion Tracking. Google Ads sets a cookie on your computer if you have reached our website via a Google ad. These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of the Ads customer's website and the cookie has not yet expired, Google and the customer can recognize that the user clicked on the ad and was redirected to this page. Each Ads customer receives a different cookie. Cookies can therefore not be tracked across Ads customers' websites. The information collected using the conversion cookie is used to generate conversion statistics for Ads customers who have opted in to conversion tracking. Ads clients learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users. If you do not wish to participate in the tracking process, you can also refuse the setting of a cookie required for this - for example, via a browser setting that generally disables the automatic setting of cookies. You can also disable cookies for conversion tracking by setting your browser to block cookies from the "www.googleadservices.com" domain. Google's privacy policy can be found here.

When you use SSL search, Google's encrypted search feature, the search terms are most often not sent as part of the URL in the referring URL. However, there are some exceptions to this, for example, if you are using certain less common browsers. For more information about SSL search, click here. Search queries or information in the referral URL could also be viewed through Google Analytics or an application programming interface (API). In addition, advertisers may receive information about the exact search terms that triggered a click on an ad. https://policies.google.com/faq?hl=de

6.3 Google Fonts

We use Google Fonts. Google Fonts is used without authentication and no cookies are sent to the Google Fonts API. If you have an account with Google, none of your Google account information is transmitted to Google while using Google Fonts. Google only records the usage of CSS and the fonts used and stores this data securely. You can find out more about these and other issues at https://developers.google.com/fonts/faq.

You can find out what data is collected by Google and what it is used for athttps://www.google.com/intl/de/policies/privacy/ .

6.4 Google APIS /AJAX andJQUERY

To optimize the loading speed, usability and indexing of our website, we use JavaScript technologies as well as corresponding program libraries and CDNs (Content Delivery Networks) from external providers, in this specific case the JavaScript library jQuery from the jQuery Foundation, the program interface Google APIs and the Google AJAX Search API from Google. By calling up our website, these external providers may receive personal information about your visit to our website, in particular through the transmission of your IP address. Processing of this data outside the EU is possible. You can prevent this by installing a JavaScript blocker or disabling JavaScript in your browser. Disabling or blocking JavaScript may result in functional restrictions on Internet pages with JavaScript technologies. For more information about data processing by Google, please refer to Google's privacy policy, currently available at: https://www.google.de/intl/de/policies/privacy/ and, in the case of jQuery, on the pages of the JS Foundation at: js.foundation/about/governance/privacy-policy.

6.5 Google+ Button

We have integrated the +1 button from Google Plus on our website. When you call up our website, your browser establishes a connection with Google's server. If you do not click on the button, then according to Google, no personal data is processed. Only if you are logged into your Google Plus account, personal data will be processed. If you would like to prevent data processing by Google Plus, you can log out of Google Plus before visiting our website.

6.6 Google Gstatic

Gstatic is a domain used by Google to load static content into another domain name to reduce bandwidth usage and increase network performance for the end user.

6.7 Google Maps

On this website we use the offer of Google Maps. This allows us to show you interactive maps directly on the website and enables you to use the map function comfortably. By visiting the website, Google receives the information that you have called up the corresponding sub-page of our website. In addition, the data already mentioned under the point "Informational use of the website" are transmitted. This occurs regardless of whether Google provides a user account through which you are logged in or whether there is no user account. If you are logged in to Google, your data will be directly assigned to your account. If you do not want the assignment with your profile at Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right.

For more information on the purpose and scope of data collection and processing by the plug-in provider, please refer to the provider's privacy policy. There you will also find further information about your rights in this regard and setting options for protecting your privacy: http://www.google.de/intl/de/policies/privacy.

6.8 Google Remarketing

We use the Google Remarketing service on our website. With Google Remarketing, ads can be displayed for users who have already visited our website in the past. Within the Google advertising network, this allows advertisements to be displayed on our site that are tailored to their interests. Google Remarketing uses cookies for this evaluation.

6.9 Google Tag Manager

To recognize your user behavior, we use so-called Google Tag Manager. Google Tag Manager is a solution that allows marketers to manage website tags through one interface. The tool itself (which implements the tags) is a cookie-less domain and does not collect any personal data. The tool takes care of triggering other tags, which in turn may collect data. Google Tag Manager does not access this data. If a deactivation has been made at the domain or cookie level, it remains in place for all tracking tags implemented with Google Tag Manager.

You can get more detailed information here: https://www.google.com/intl/de/tagmanager/faq.html.

Legal basis: Art. 6 para. 1 lit. a DSGVO

7 Data processing when using Hotjar

We use Hotjar, an analytics software provided by Hotjar Ltd. ("Hotjar") (http://www.hotjar.com, Malta, Europe), to better understand the needs of our users and to optimize the experience on this website. Using Hotjar's technology, we get a better understanding of our users' experiences (e.g., how much time users spend on which pages, which links they click on, what they like and don't like, etc.) and this helps us tailor our offerings to our users' feedback. Hotjar works with cookies and other technologies to collect information about our users' behavior and about their devices (in particular, IP address of the device (collected and stored only in anonymized form), screen size, device type (unique device identifiers), information  about the browser used, location (country only), language preferred to view our website). Hotjar stores this information in a pseudonymized user profile.  The information is not used by Hotjar or us to identify individual users or merged with other data about individual users. For more information, please see Hotjar's privacy policy here. You can prevent the collection of data by Hotjar by clicking on the following link and following the instructions there: https://www.hotjar.com/opt-out.

https://www.hotjar.com/legal/policies/privacy (the link to the privacy policy mentioned earlier in the text)

Legal basis: Art. 6 para. 1 lit. a DSGVO

8 Data processing when using Instagram

On our website, we use functions of the social media network Instagram of the company Instagram LLC, 1601 Willow Rd, Menlo Park CA 94025, USA.

Through the use of this service, a transmission of personal data to the USA takes place or cannot be excluded! - More details under 4.3 of this declaration.

With the functions for embedding Instagram content (embed function), we can display images and videos. By calling up pages that use such functions, data (IP address, browser data, date, time, cookies) is transmitted to Instagram, stored and evaluated. Should you - while surfing on our website - be logged into your Instagram account, this data will be assigned to your personal account. The privacy policy, which information Instagram collects and how they use it can be found on https://help.instagram.com/519522125107875.

Legal basis: Art. 6 para. 1 lit. a DSGVO

9 Data processing when using server log files

In order to optimize this website in terms of system performance, user-friendliness and provision of useful information about our services, the website provider automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. This includes the Internet Protocol address (IP address) of the requesting computer (including mobile devices), browser and language setting, operating system, referrer URL, your Internet service provider and date/time.

We do not merge this data with personal data sources. We reserve the right to check this data retrospectively if we become aware of specific indications of unlawful use and to pass on the data to the law enforcement authorities if there has been a hacking attack. Any further disclosure to third parties will not take place.

Legal basis: Art. 6 para. 1 lit. a DSGVO

10 Registration function

We offer you the opportunity to register on our site. The data entered in the course of this registration, which can be seen from the input mask of the registration form, is collected and stored exclusively for the use of our offer.

With your registration on our site, we will also store your IP address and the date and time of your registration. This serves as a safeguard on our part in the event that a third party misuses your data and registers on our site with this data without your knowledge.  The data will not be passed on to third parties. A comparison of the data collected in this way with data that may be collected by other components of our site also does not take place. Upon deletion of the registered account, your data will also be deleted.

11 Use of reCAPTCHA

In order to protect input forms on our site, we use the "reCAPTCHA" service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter "Google". By using this service, it can be distinguished whether the corresponding input is of human origin or misused by automated machine processing.

To our knowledge, the referrer URL, the IP address, the behavior of website visitors, information about the operating system, browser and dwell time, cookies, display instructions and scripts, the user's input behavior and mouse movements in the area of the "reCAPTCHA" checkbox are transmitted to "Google".

Google uses the information thus obtained, among other things, to digitize books and other printed matter and to optimize services such as Google Street View and Google Maps (e.g. house number and street name recognition).

The IP address transmitted as part of "reCAPTCHA" is not merged with other data from Google, unless you are logged into your Google account at the time of using the "reCAPTCHA" plug-in. If you want to prevent this transmission and storage of data about you and your behavior on our website by "Google", you must log out of "Google" before you visit our site or use the reCAPTCHA plug-in.

The use of the service "reCAPTCHA" obtained information is in accordance with the  Google Terms of Use:

https://www.google.com/intl/de/policies/privacy/.

12 Use of MS Clarity

If you give your consent, we process your personal data on our website using the web analysis software Microsoft Clarity. The service provider is the American company Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA.

Microsoft Clarity collects certain information when you use our services, including

  • Device information: IP address, browser type, operating system and device model
  • Usage data: websites visited, interactions with content and usage statistics
  • Tracking data: Recording of user interactions such as mouse movements, keystrokes and clicks

We use the data collected to:

  • Provide and maintain Microsoft Clarity and related services to you,
  • Improve our services, fix bugs and develop new features,
  • Perform analytics to understand the use and performance of our services; and
  • Provide you with relevant support and customer service.

We will retain your information for as long as necessary to provide our services and comply with legal obligations.

The legal basis for data processing is your consent in accordance with § 165 (3) TKG 2021. Microsoft transfers your personal data to the USA. The legal basis for the data transfer to the USA is your consent in accordance with Art 45 (1) in conjunction with Art 6 (1) lit a GDPR. Microsoft is listed in the EU-U.S. Data Privacy Framework List and thus offers a guarantee of compliance with European data protection law.
https://www.dataprivacyframework.gov/s/participant-search

In addition, Microsoft uses so-called standard contractual clauses within the meaning of Art 46 (2) and (3) GDPR. Standard contractual clauses are templates provided by the EU Commission and are intended to ensure that your data complies with European data protection standards even if it is transferred to and stored in third countries. Through the EU-US Data Privacy Framework and the Standard Contractual Clauses, Microsoft undertakes to comply with the European level of data protection when processing your relevant data, even if the data is stored, processed and managed in the USA. These clauses are based on an implementing decision of the EU Commission. You can find the decision and the corresponding standard contractual clauses here:
https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?locale=de

You can find more information on the standard contractual clauses at Microsoft at https://learn.microsoft.com/en-us/compliance/regulatory/offering-eu-model-clauses.

You can find out more about the data that is processed through the use of Microsoft in the privacy policy at https://privacy.microsoft.com/de-de/privacystatement.

13 Your rights

You have the following rights with respect to us regarding personal data concerning you:

  • Right to information, correction and deletion
  • Right to restriction of processing
  • Right to object to processing
  • Right to data portability

Please direct your inquiries and concerns via email to datenschutz@schwertner.at or contact us using the contact information provided.

If you are of the opinion that we have violated Austrian or European data protection law in the processing of your data and have thereby violated your rights, we request that you contact us in order to clarify any questions you may have.

You also have the right to complain to the supervisory authority, which is the Austrian data protection authority:

Österreichische Datenschutzbehörde, Barichgasse 40 – 42, 1030 Wien, Telefon: +43 1 52 152-0

Email: dsb@dsb.gv.at

14 Amendment of this privacy policy

We reserve the right to make adjustments to our privacy policy from time to time. Any changes to the privacy policy will be published by us on this page. In this regard, please refer to the respective current version of our privacy policy.

 

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