This data protection declaration explains the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the websites, functions and content associated with it, as well as external online presences, such as our social media profile (hereinafter collectively referred to as "online offer"). With regard to the terms used, such as "processing" or "person responsible", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Responsible person
Automation Factory GmbH (in foundation)
Volkartstrasse 19th
80634 Munich
E-mail address:info@automation-factory.net
Managing director: Marco Resch
Link to the imprint:Imprint - Automation Factory GmbH (a-factory.de)
Types of data processed:
- Inventory data (e.g., names, addresses).
- Contact details (e.g., email, phone numbers).
- Content data (e.g., text input, photographs, videos).
- Usage data (e.g. websites visited, interest in content, access times).
- Meta / communication data (e.g. device information, IP addresses).
Categories of data subjects
Visitors and users of the online offer (in the following we also refer to the persons concerned collectively as "users").
Purpose of processing
- Provision of the online offer, its functions and content.
- Answering contact inquiries and communicating with users.
- Safety measures.
- Reach measurement / marketing
Terms used
“Personal data” is all information that relates to an identified or identifiable natural person (hereinafter “data subject”); A natural person is regarded as identifiable who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, which express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
“Processing” is any process carried out with or without the aid of automated processes or any such series of processes in connection with personal data. The term goes far and includes practically every handling of data.
"Pseudonymization" the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures that ensure that the personal data cannot be assigned to an identified or identifiable natural person.
“Profiling” means any type of automated processing of personal data that consists of using this personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal To analyze or predict the preferences, interests, reliability, behavior, whereabouts or relocation of this natural person.
“Responsible” is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.
"Processor" means a natural or legal person, authority, institution or other body that processes personal data on behalf of the person responsible.
Relevant legal bases
In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the performance of our services and the implementation of contractual measures Answering inquiries is Article 6 (1) (b) GDPR, the legal basis for processing to fulfill our legal obligations is Article 6 (1) (c) GDPR, and the legal basis for processing to safeguard our legitimate interests is Art . 6 para. 1 lit.f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 (1) (d) GDPR serves as the legal basis.
Safety measures
In accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons, we make suitable technical and organizational measures to ensure a level of protection appropriate to the risk.
The measures include, in particular, securing the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transfer, ensuring availability and their separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, deletion of data and reaction to data threats. Furthermore, we already consider the protection of personal data during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR).
Cooperation with contract processors and third parties
If we disclose data to other persons and companies (contract processors or third parties) as part of our processing, transmit them to them or otherwise grant them access to the data, this is only done on the basis of legal permission (e.g. if the data is transmitted to third parties, as is required for payment service providers in accordance with Art. 6 Para. 1 lit. b GDPR), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties to process data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 GDPR.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this happens in the context of the use of third-party services or disclosure or transmission of data to third parties, this will only take place if it happens to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 ff. GDPR are met. This means that processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
Rights of data subjects
You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
You have accordingly. Art. 16 GDPR the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.
You have the right to request that you receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.
In accordance with Art. 77 GDPR, you also have the right to lodge a complaint with the competent supervisory authority.
Right of withdrawal
You have the right to revoke your consent in accordance with Art. 7 Paragraph 3 GDPR with effect for the future
Right to object
You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection can in particular be made against processing for direct marketing purposes.
Cookies and right to object to direct mail
"Cookies" are small files that are stored on the users' computers. Various information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. Such a cookie can, for example, store the content of a shopping cart in an online shop or a login status. Cookies are referred to as "permanent" or "persistent" and remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. The interests of the users can also be stored in such a cookie, which are used for range measurement or marketing purposes. "Third-party cookies" are cookies that are offered by providers other than the person responsible for operating the online offer (otherwise, if it is only their cookies, they are referred to as "first-party cookies").
We can use temporary and permanent cookies and clarify this in the context of our data protection declaration.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
A general objection to the use of cookies used for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/ to be explained. Furthermore, cookies can be saved by deactivating them in the browser settings. Please note that then you may not be able to use all of the functions of this online offer.
Deletion of data
The data processed by us will be deleted or restricted in their processing in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory retention requirements. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be kept for commercial or tax reasons.
According to legal requirements in Germany, the storage takes place in particular for 10 years according to §§ 147 Abs. 1 AO, 257 Abs. 1 Nr. 1 and 4, Abs. 4 HGB (books, records, management reports, accounting documents, trading books, more relevant for taxation Documents, etc.) and 6 years according to § 257 Paragraph 1 No. 2 and 3, Paragraph 4 HGB (commercial letters).
According to legal requirements in Austria, the storage takes place in particular for 7 years in accordance with § 132 para. 1 BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, list of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
Business related processing
In addition, we process - contract data (e.g., subject of the contract, duration, customer category). - Payment data (e.g. bank details, payment history) from our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
Agency services
We process our customers' data as part of our contractual services, which include conceptual and strategic advice, campaign planning, software and design development / advice or maintenance, implementation of campaigns and processes / handling, server administration, data analysis / consulting services and training services.
We process inventory data (e.g., customer master data, such as names or addresses), contact data (e.g., e-mail, telephone numbers), content data (e.g., text entries, photographs, videos), contract data (e.g., subject of the contract, term), payment data (e.g., Bank details, payment history), usage and metadata (e.g. in the context of evaluating and measuring the success of marketing measures). In principle, we do not process special categories of personal data, unless these are part of a commissioned processing. Those affected include our customers, interested parties and their customers, users, website visitors or employees as well as third parties. The purpose of processing is to provide contractual services, billing and our customer service. The legal basis for processing results from Art. 6 Paragraph 1 lit. b GDPR (contractual services), Art. 6 Paragraph 1 lit. f GDPR (analysis, statistics, optimization, security measures). We process data that are necessary for the establishment and fulfillment of the contractual services and point out the necessity of their disclosure. Disclosure to external parties only takes place if it is necessary in the context of an order. When processing the data provided to us within the scope of an order, we act in accordance with the instructions of the client and the legal requirements for order processing in accordance with Art. 28 GDPR and do not process the data for any purposes other than those in accordance with the order.
We delete the data after the expiry of statutory warranty and comparable obligations. the necessity of storing the data is reviewed every three years; In the case of the legal archiving obligations, the deletion takes place after their expiry (6 years, according to § 257 paragraph 1 HGB, 10 years, according to § 147 paragraph 1 AO). In the case of data that has been disclosed to us by the client as part of an order, we delete the data in accordance with the specifications of the order, generally after the end of the order.
Contractual services
We process the data of our contractual partners and interested parties as well as other clients, customers, clients, clients or contractual partners (uniformly referred to as "contractual partners") in accordance with Article 6 Paragraph 1 lit. b. GDPR in order to provide you with our contractual or pre-contractual services. The data processed here, the type, scope and purpose and the necessity of their processing are determined by the underlying contractual relationship.
The processed data includes the master data of our contractual partners (e.g. names and addresses), contact details (e.g. email addresses and telephone numbers) as well as contract data (e.g. services used, contract content, contractual communication, names of contact persons) and payment data (e.g., Bank details, payment history).
As a matter of principle, we do not process special categories of personal data, unless these are part of a commissioned or contractual processing.
We process data that are necessary for the establishment and fulfillment of the contractual services and point out the necessity of their disclosure, if this is not evident for the contractual partner. Disclosure to external persons or companies only takes place if it is required within the framework of a contract. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client and the legal requirements.
When using our online services, we can save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the interests of the users in protection against misuse and other unauthorized use. This data is generally not passed on to third parties, unless it is necessary to pursue our claims in accordance with Art. 6 Paragraph 1 lit. f. GDPR or there is a legal obligation to do so in accordance with Art. 6 Paragraph 1 lit. c. GDPR.
The data will be deleted when the data is no longer required to fulfill contractual or statutory duties of care and to deal with any warranty or comparable obligations, whereby the need to store the data is checked every three years; Otherwise, the statutory retention requirements apply.
Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks as well as the organization of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the context of providing our contractual services. The processing bases are Article 6 Paragraph 1 lit. DSGVO, Art. 6 Para. 1 lit.f. DSGVO. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in processing lies in administration, financial accounting, office organization, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the information given for these processing activities.
We disclose or transmit data to the financial administration, consultants, such as tax consultants or auditors, as well as other fee offices and payment service providers.
Furthermore, on the basis of our business interests, we store information on suppliers, organizers and other business partners, e.g. for the purpose of later contact. We generally store this mostly company-related data permanently.
contact
When contacting us (e.g. via the contact form, email, telephone or via social media), the information provided by the user is processed in order to process the contact request and to process it in accordance with Art. 6 Paragraph 1 lit. b) GDPR. The user information can be stored in a customer relationship management system (“CRM system”) or a comparable request organization. We delete the inquiries if they are no longer required. We review the requirement every two years; The statutory archiving obligations also apply.
Hosting and sending of e-mails
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, email dispatch, security services and technical maintenance services that we use for the purpose of operating this online offer. We or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data from customers, interested parties and visitors to this online offer based on our legitimate interests in an efficient and secure provision of this online offer in accordance with Art. 6 Para. 1 lit.f GDPR in conjunction with Art. 28 GDPR (conclusion of an order processing contract).
Google Analytics
We use Google Analytics, a web analysis service provided by Google LLC (“Google”), on the basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. GDPR). Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transmitted to a Google server in the USA and stored there.
Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with other services related to the use of this online offer and the internet. In doing so, pseudonymous user profiles can be created from the processed data.
We only use Google Analytics with activated IP anonymization. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address will only be transmitted to a Google server in the USA and shortened there in exceptional cases.
The IP address transmitted by the user's browser will not be merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; Users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and from processing this data by downloading and installing the browser plug-in available under the following link: http: // tools .google.com / dlpage / gaoptout? hl = de.
You can find more information on the use of data by Google, setting and objection options in Google's data protection declaration (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google (https: // adssettings.google.com/authenticated).
The personal data of the users will be deleted or anonymized after 14 months.
