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Privacy Policy

EVK Data Protection Regulation

1. DATA OF THE COMPETENT PERSON

EVK DI Kerschhaggl GmbH
Josef-Krainer-Straße 35
A–8074 Graz
Telefon: +43 316 461 664
Fax: +43 316 461 664 – 14

E-Mail: dataprotection@evk.biz
Internet: www.evk.biz
Landesgericht Graz, FB 265990m
UID-Nr.: ATU61892517

2. WEBSITE AND NEWSLETTER

2.1. Consent
The fact that you use the website means that you consent to the way of saving and using your data that is described in this declaration. Amendments to this Data Protection Declaration will directly be made on this site. Thus, you will always be informed on what data EVK DI Kerschhaggl GmbH (Ltd.) saves and uses. We as operator of the website take the protection of your personal data very seriously. We treat your personal data confidentially and act in conformity to the legal data protection regulations as well as to this Data Protection Declaration.

2.2. Use of data and earmarking of the data
What information do we collect for what purpose?

2.2.1. 2.2.1 IP (Internet Protocol) Addresses
IP Addresses are needed for website management and demographic information. If you visit our website, we will recognize your domain name. As for your e-mail address, we will only recognize it if you directly make it known to us by completing a form or sending an e-mail.

2.2.2. Cookies
Cookies are used for personalized contents in order to avoid the need to enter passwords repetitively or to adapt the range of information to the user behaviour. At your visit of our website, your surfing behaviour can be evaluated statistically. As a rule, your surfing behaviour will be analyzed anonymously.

2.2.3. User registration
After you have registered, we will send information or production information, messages or advertising materials that you have requested.

2.2.4. E-Mail
If you provide your email address, we will communicate with you via email. We will not pass on your e-mail address to third parties outside of EVK DI Kerschhaggl GmbH. If you no longer wish to receive emails from us, you can unsubscribe at any time. If you transmit personal data when sending an e-mail to EVK DI Kerschhaggl GmbH, then we will also treat this data confidentially.

2.2.5. Registration to events (courses, webinars)
Our website includes registration forms, which you can complete in order to request information, products and services. Data sent to EVK DI Kerschhaggl GmbH (Ltd.) will exclusively be used by us for this special process.

2.3. Links to other websites
Our website also includes links to other websites provided by third-party providers. EVK DI Kerschhaggl GmbH (Ltd.) shall not be responsible for the data protection precautions or contents of other websites.

2.4. Newsletter Data
If you would like to refer to the newsletter offered on the website, we will need to ask you for an e-mail address as well as information enabling us to review whether you are the holder of the stated e-mail address and agree to receive the newsletter. Further data will not be acquired or will only be acquired on a voluntary basis. We will exclusively use this data for sending information requested and will not pass it on to third parties. Data entered into the registration form for the newsletter will exclusively be processed on the basis of your consent. You can revoke your consent to our saving the data and your e-mail address and to our using this data for sending the newsletter, at any time, for example by clicking on the “Austragen” (“Unsubscribe”) link in the newsletter. The lawfulness of the data processing processes that have already occurred will remain unaffected from this revocation.

The data you have stored for purposes of getting the newsletter will be saved until you delete your name from the list of recipients of the newsletter and will be erased after you have unsubscribed from the newsletter. Data that has been saved by us for other purposes (e.g. email addresses for the member area) will remain unaffected from this.

2.5. Contact form
If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provide there, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions. We do not share this data without your consent. The data entered in the contact form is therefore processed exclusively on the basis of your consent. You can revoke this consent at any time. All you need to do is send us an informal message by e-mail. The legality of the data processing operations carried out until the revocation remains unaffected by the revocation. We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Mandatory statutory provisions – in particular retention periods – remain unaffected.

2.6 SSL (Secure Sockets Layer) or TLS (Transport Layer Security) encryption
For safety reasons and for protecting the transmission of confidential contents, e.g. orders or inquiries, which you send to us as operator of the site, this site uses an SSL or TLS encryption. You can recognize an encrypted connection as soon as the address line of the browser changes over from “http://” to “https://” and the key icon appears in your browser line. As soon as SSL or TLS encryption has been activated, data that you send to us cannot be read by third parties.

2.7 Use of Matomo Analytics
With your consent, we use the open source software Matomo to analyze and statistically evaluate the use of the website. Cookies are used for this purpose. The information about website usage obtained in this way is transmitted to a secure server within the EU and summarized in pseudonymous usage profiles. We use the data to evaluate the use of the website. The data is not passed on to third parties.
The IP addresses are anonymized (IP masking), so that an assignment to individual users is not possible.
The processing of the data is based on Art. 6 para. 1 p. 1 lit. A GDPR. We thereby pursue our legitimate interest in optimizing our website for our external presentation.
You can revoke your consent at any time by deleting the cookies in your browser or changing your privacy settings.

2.8 Use of Borlabs Cookie
This website uses Borlabs Cookie, which sets a technically necessary cookie (borlabs-cookie) to store your cookie consents.
Borlabs cookie does not process any personal data.
The borlabs-cookie stores your consents that you gave when you entered the website. If you wish to revoke these consents, simply delete the cookie in your browser. When you re-enter/reload the website, you will be asked again for your cookie consent.

2.9 Use of Google AdWords Remarketing
Our website uses cookies in order to address the visitors via remarketing campaigns using online advertising in the Google Advertising Network at a later moment. For entering remarketing advertisements, third-party providers, such as Google, use cookies based on a visit of the present website. You as a user have the opportunity of deactivating the use of cookies by Google by calling the site for deactivating Google at www.google.com/ads/preferences.

2.10 Google Maps
This site uses an API (Application Programming Interface) to use the map service Google Maps. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. For making it possible to use the functions of Google Maps, it will be necessary to save your IP address. As a rule, this information will be transmitted to a server of Google in the USA and saved there. The provider of this site cannot influence this data transmission. Google Maps is used in the interest of an attractive visualization of our on-line offers and of making it easier to localize the places stated on the website.

As for more information on the way user data is handled, please refer to the Privacy Policy of
Google: https://www.google.com/policies/privacy.

2.11 YouTube
Our website uses plug-ins of the site YouTube, which is operated by Google. The operator of the pages is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. If you visit one of our pages equipped with a YouTube plug-in, a connection to the servers of YouTube will be established. In this process, the YouTube Server will be informed on which of our pages you have visited. If you are logged into your YouTube Account, you will enable YouTube to directly allocate your surfing behaviour to your personal profile. You can prevent this by logging out of your YouTube Account. YouTube is used in the interest of an attractive visualization of our on-line offers. As for further information on handling of user data, please refer to the Privacy Policy of YouTube at https://www.google.en/intl/en/policies/privacy.

2.12 Twitter
On our website, functions of the service Twitter are incorporated. These functions are offered by Twitter Inc., Twitter, Inc. 1355 Market St. Suite 900, San Francisco, CA 94103, USA. The fact that Twitter and the functions of the Twitter buttons are used means that the websites visited by you will be linked to your Twitter Account and made known to other users. In this process, it also is data that will be transmitted to Twitter. We would like to point out that we as a provider of the website do not know the contents of data transmitted or use of this data by Twitter. As for further information, please refer to the Privacy Policy of Twitter at https://twitter.com/privacy. As for your privacy settings at Twitter, you can change them in the account settings at https://twitter.com/settings/account.

2.13 LinkedIn
Our website uses functions of the Social Media Network LinkedIn. The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Each time one of our websites containing the functions of LinkedIn is called, a connection to servers of LinkedIn will be established. LinkedIn will be informed that you have visited our internet pages with your IP Address. As soon as you have clicked on the buttons of LinkedIn and are logged into LinkedIn within your account, it will be possible for LinkedIn to allocate your visit on our internet page to you and your user account. We would like to point out that we as a provider of the website do not know the contents of data transmitted or use of this data by LinkedIn. As for further information, please refer to the Privacy Policy of LinkedIn at https://www.linkedin.com/legal/privacy-policy.
https://www.linkedin.com/legal/privacy-policy.

2.14 Vimeo
On our website, plug-ins of the video portal Vimeo of Vimeo, LLC, 555 West 18th Street, New York, New York 10011, USA, are integrated. Each time a site offering one or more Vimeo video clips is called, a direct connection to your browser and a server of Vimeo in the USA will be established. In this process, information on your visit and your IP Address will be saved there. Due to interactions with the Vimeo Plug-Ins (e.g. if the Start button is clicked clicked on), this information will also be transmitted to Vimeo and saved there. If you have a Vimeo User Account and would not like Vimeo to collect data via this website and links it to your member data saved at Vimeo, you will have to log out of Vimeo before your visit. As for the Privacy Policy for Vimeo with more detailed information on the acquisition and use of your data by Vimeo, please refer to http://vimeo.com/privacy. Besides, Vimeo uses an iFrame in which the video is called to call the tracker Google Analytics. This is a specific tracking offered by Vimeo, to which we have no access. You can put an end to tracking by Google Analytics by using the deactivation tools that Google offers for some internet browsers. Moreover, the users can prevent the acquisition of data generated by Google Analytics and referring to your use of the website (incl. your IP Address) and processing of this data by Google by downloading and installing the browser plug-in at the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
http://tools.google.com/dlpage/gaoptout?hl=de

DATA PROTECTION INFORMATION
EVK DI Kerschhaggl GmbH (Ltd.) saves data for purposes for fulfilling orders and consecutive customer service:

3.1. Personal data and their processing
For example, name, street or road, country, postal code, place, phone numbers, e-mail addresses, International Turnover Tax Identification Number, Company Register Number, contact persons, in case of SEPA Debit Notes (SEPA = Single Euro Payments Area): bank data, correspondence, license and update information according to the order, contact origin, registration data, client information.

3.2. Passing on of data to third parties
Data will only be passed on to third parties (e. g. licensors, mail order firms, banks, legal representatives (for business transactions), trustees, courts (if required), administrative bodies (if required), collaborating contracting and business partners, providers (IT Providers), insurance companies (if required)) if this is necessary for fulfilling the contract.

3.3 Transfer to third countries or international organisations:

The processed data may be transmitted to the following third countries / to the following international organizations:

Data collected on the Site will be processed on the HubSpot marketing platform and will be transmitted to HubSpot, Inc. and affiliates. Although HubSpot has been operating a data center in Frankfurt since spring 2018, HubSpot can not guarantee that data will not be transferred to the US.

HubSpot, Inc. participates in the EU-US Privacy Shield Agreement and the Swiss-US Privacy Shield Agreement and is certified to comply with it. The following affiliates comply with the Privacy Shield or Privacy Shield Privacy Policy: HubSpot Ireland Limited, HubSpot Australia Pty Ltd, HubSpot Asia Pte. Ltd. and HubSpot Japan KK. HubSpot has undertaken to treat all personal data obtained from European Union (EU) and Swiss member states in accordance with the applicable principles of the Privacy Shield Agreement. For more information on the Privacy Shield Agreement, see “Privacy Shield List” on the U.S. Homepage. Department of Commerce (https://www.privacyshield.gov)

3.4. Secrecy
EVK DI Kerschhaggl GmbH (Ltd.) undertakes to keep the data acc. to § 6 of the Data Protection Act and Art. 28 al. 3 of the General Data Protection Regulation (GDPR) in the applicable versions itself and to ask its employees and persons employed in performing its obligations to do so.

3.5. Agreement about Contract Data Processing acc. to the GDPR
Any information on the processing of personal data can be found in the Agreement about Contract Data Processing. If EVK DI Kerschhaggl GmbH (Ltd.) acts as an order processor, the Agreement about Contract Data Processing will have to be signed.

4. DATA PROTECTION INFORMATION – MAINTENANCE SERVICES

4.1. Information needed for services included in the Maintenance Contract
When using services from the maintenance contract, EVK DI Kerschhaggl GmbH stores data electronically (telephone calls, emails, letters, transcripts) for the traceability of reported questions and problems, error analyses and associated support information etc.

4.2. Information needed for fee-based services
In case of services to be invoiced, a work report will be written. This report will be sent to you or the designated contact person via e-mail in order to ask you or the designated contact person to acknowledge that the service has been provided.

5. DATA PROTECTION INFORMATION – DATA INVENTORIES

5.1. Your data inventories
EVK DI Kerschhaggl GmbH (Ltd.) shall not be obliged to review permissibility of data provided by you in the sense of regulations relating to data protection law. You shall be responsible for meeting the requirements for obtaining consent, reporting and secrecy that may need to be met according to the stipulations of data law (Data Protection Act, General Data Protection Regulation).

6. DATA PROTECION INFORMATION – CONTRACT DATA PROCESSOR

The following services provided by EVK DI Kerschhaggl GmbH (Ltd.) can be assigned to the term of contract data processing in the sense of the GDPR.

6.1. Support services provided at the client’s

These services include training for introducing the software and hardware or other services provided at your site.

6.2. Support using access enabled by remote maintenance
For enabling EVK DI Kerschhaggl GmbH (Ltd.) to process an inquiry, you grant EVK DI Kerschhaggl GmbH (Ltd.) direct access to your system.

6.3. Support using access enabled by software
For enabling EVK DI Kerschhaggl GmbH (Ltd.) to process an inquiry, EVK DI Kerschhaggl GmbH (Ltd.) will create an on-line session on your workstation. Before this service is provided, you will have to acknowledge access before the screen content is transmitted.

6.4. Error analysis using the client’s data
If your data is needed to analyze errors or provide services, you will transmit this data to EVK DI Kerschhaggl GmbH (Ltd.) by using a secure server.

7. DATA PROTECTION INFORMATION – JOB APPLICATIONS

7.1. Data acquisition
In the course of your job application, following data will be processed by us: name, e-mail, address, phone number, application documents (application letter, curriculum vitae, diplomas and certificates and the like) or data you have made available to us on a voluntary basis.

7.2. Purpose of data acquisition / passing on
Your personal application data will exclusively be acquired and processed for the sole purpose of recruiting within our company. Your data will only be forwarded to our company’s Divisions or Departments responsible for the concrete application process. Your data will not be passed on to third parties. If an employment relationship is established, data saved in the course of the application process will be used for measures to be taken before concluding the contract (preparation of the contract of employment).

7.3. Retention period of the application data
Your application data will be erased six months upon completion of the application process. This will not apply if legal provisions are opposed to erasure, continued saving is necessary for purposes of evidencing or you have explicitly consented to a longer saving period. If we cannot offer you a position to be filled but think because of your profile that your job application might be interesting for future job offers, we will save your personal application data for twelve months as far as you explicitly consent to such a saving and use.

9. YOUR RIGHTS

9.1. Right of access by the data subject (Art. 15 of the GDPR)
Acc. to Article 15 of the GDPR, you shall, at any time, be entitled to apply for being informed on data about you that EVK DI Kerschhaggl GmbH (Ltd.) has saved. In case of doubt, EVK DI Kerschhaggl GmbH (Ltd.) can request additional information for purposes of acknowledging your identity.

9.2. Right of rectification (Art. 16 of the GDPR)
If EVK DI Kerschhaggl GmbH (Ltd.) processes personal data that is incomplete or faulty, you can demand rectification or supplementation of this data.

9.3. Right to erasure (“right to be forgotten”) (Art. 17 of the GDPR)
You shall be entitled to demand the erasure of your data from EVK DI Kerschhaggl GmbH (Ltd.) if one of the following reasons applies:

a) The personal data no longer is necessary for the purposes for which it has been acquired and/or processed.
b) You revoke your consent, and there is no legal basis for further processing/saving.
c) You object to processing, and there are no justified reasons for further processing.
d) Your data is processed unlawfully.

9.4. Right to restriction of processing (Art. 18 of the GDPR)
You can demand restriction of processing from EVK DI Kerschhaggl GmbH (Ltd.) if
a) you contest the correctness of processing; this shall be applicable for the period that enables EVK DI Kerschhaggl GmbH (Ltd.) to review the correctness of data;
b) processing of data is unlawful, but you refuse erasure;
c) data no longer is needed by EVK DI Kerschhaggl GmbH (Ltd.) for the intended purpose but this data still is needed to assert or defend legal claims;
d) you have objected to processing of data

9.5. Right to data portability (Art. 20 of the GDPR)
You shall be entitled to receive your personal data in a machine-readable format as far as data has been saved by EVK DI Kerschhaggl GmbH (Ltd.) because of your consent or in order to fulfil a contract and processing is done by means of automated processes.

9.6. Right to object (Art. 21 of the GDPR)
If your personal data is processed by EVK DI Kerschhaggl GmbH (Ltd.) based on Art. 6 al. 1 lit. b or f, you will, at any time, have the right to object as far as there is no overriding interest warranting protection of data. You can object to advertising being sent without stating reasons, at any time.

9. Topicality of amendment to this Data Protection Declaration
This Data Protection Declaration is currently applicable and has the status of May 2018. Due to the further development of our website or based on changed legal or regulatory requirements, it can become necessary to amend this Data Protection Regulation. The respectively applicable Data Protection Declaration can be called and printed by you on the website at www.evk.biz

Data protection commissioner

EVK Service: +43 316 461664 10

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