Privacy Policy according to the GDPR
I. Name and Address of the Controller
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:
Company Name: Oritop GmbH
Company Register Number: FN 266577a
Company Register Court: Handelsgericht Wien (Commercial Court Vienna)
VAT ID: ATU61907100
Address: Industriestraße B16, 2345 Brunn am Gebirge
Website: www.oritop.at
Email: info@oritop.at
Phone: +2236 315 316
You can reach us at the following contact details: info@oritop.at
II. General Information on Data Processing
Scope of Processing of Personal Data
We collect and use the personal data of our users fundamentally only to the extent necessary for providing a functional website and our content and services. The collection and use of personal data of our users regularly occurs only with the user's consent. An exception applies in cases where obtaining prior consent is not possible for factual reasons and the processing of data is permitted by legal provisions.
Legal Basis for the Processing of Personal Data
To the extent that we obtain consent from the data subject for processing operations involving personal data, Article 6(1)(a) of the General Data Protection Regulation (GDPR) serves as the legal basis for processing personal data.
For processing personal data that is necessary for the performance of a contract to which the data subject is party, Article 6(1)(b) GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
To the extent that processing personal data is necessary for compliance with a legal obligation to which our company is subject, Article 6(1)(c) GDPR serves as the legal basis.
In cases where the 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.
If processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, and these interests are not overridden by the interests or fundamental rights and freedoms of the data subject, then Article 6(1)(f) GDPR serves as the legal basis for processing.
Data Erasure and Storage Duration
The personal data of the data subject shall be erased or blocked as soon as the purpose for storage ceases to apply. Storage may also occur 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 erasure of the data also occurs when a storage period prescribed by the aforementioned norms expires, unless there is a necessity for further storage of the data for the conclusion or fulfillment of a contract.
III. Provision of the Website and Creation of Logfiles
Description and Scope of Data Processing
Every time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.
The following data is collected:
Information about the browser type and version used
The user's operating system
The user's Internet Service Provider
The user's IP address
Date and time of access
Websites from which the user's system accesses our website
Websites accessed by the user's system via our website
This data is also stored in the logfiles of our system. This data is not stored together with other personal data of the user.
Legal Basis for Data Processing
The legal basis for the temporary storage of data and logfiles is Article 6(1)(f) GDPR.
Purpose of Data Processing
The temporary storage of the IP address by the system is necessary to enable the delivery of the website to the user's computer. For this purpose, the user's IP address must be stored for the duration of the session.
Storage in logfiles is done to ensure the functionality of the website. Furthermore, the data serves us to optimize the website and ensure the security of our information technology systems. Data is not evaluated for marketing purposes in this context.
These purposes also constitute our legitimate interest in data processing according to Article 6(1)(f) GDPR.
Storage Duration
The data is erased as soon as it is no longer necessary for the purpose for which it was collected. In the case of data collection for website provision, this is the case when the respective session has ended.
In the case of data storage in logfiles, this occurs after seven days at the latest. Further storage is possible. In this case, users' IP addresses are erased or anonymized so that assignment to the accessing client is no longer possible.
Objection and Rectification Option
The collection of data for website provision and the storage of data in logfiles are mandatorily required for the operation of the website. Therefore, there is no possibility for the user to object.
IV. Use of Cookies
a) Description and Scope of Data Processing
Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user's computer system. When a user accesses a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that allows for the unique identification of the browser upon subsequent visits to the website.
We use cookies to make our website more user-friendly. Some elements of our website require that the accessing browser can be identified even after a page change.
The following data is stored and transmitted in cookies:
Language settings
Items in a shopping cart
Login information
We also use cookies on our website that enable analysis of user browsing behavior.
In this way, the following data can be transmitted:
Entered search terms
Frequency of page views
Usage of website functions
The data collected in this way is pseudonymized through technical measures. Therefore, it is no longer possible to assign the data to the accessing user. The data is not stored together with other personal data of the users.
When our website is accessed, users are informed via an information banner about the use of cookies for analysis purposes and are referred to this privacy policy. In this context, information is also provided on how the storage of cookies can be prevented in the browser settings.
When our website is accessed, the user is informed about the use of cookies for analysis purposes and their consent to the processing of personal data used in this context is obtained. In this context, a reference to this privacy policy is also made.
b) Legal Basis for Data Processing
The legal basis for processing personal data using technically necessary cookies is Article 6(1)(f) GDPR.
The legal basis for processing personal data using cookies for analysis purposes, provided the user has given consent, is Article 6(1)(a) GDPR.
c) Purpose of Data Processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized again after a page change.
We need cookies for the following applications:
Applying language settings
Remembering search terms
User data collected by technically necessary cookies is not used to create user profiles.
The use of analysis cookies is for the purpose of improving the quality of our website and its content. Through analysis cookies, we learn how the website is used and can thus continuously optimize our offering.
These purposes also constitute our legitimate interest in processing personal data according to Article 6(1)(f) GDPR.
d) Storage Duration, Objection and Rectification Option
Cookies are stored on the user's computer and transmitted from there to our side. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Already stored cookies can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, not all functions of the website may be fully usable.
V. Newsletter
Description and Scope of Data Processing
On our website, there is an option to receive free information about offers via newsletter. When signing up, the data from the input mask is transmitted to us.
In addition, the following data is collected during registration:
First name, Last name
Email address
For the processing of data, your consent is obtained during the registration process, and you are referred to this privacy policy.
If you purchase goods or services on our website and provide your email address, we may subsequently use it to send you a newsletter. In such a case, the newsletter will exclusively contain direct advertising for our own similar goods or services.
In connection with data processing for sending newsletters, data is not passed on to third parties. The data is used exclusively for sending the newsletter.
Legal Basis for Data Processing
The legal basis for processing data after user registration for the newsletter, provided the user has given consent, is Article 6(1)(a) GDPR.
The legal basis for sending the newsletter as a result of the sale of goods or services is § 7(3) UWG (German Act Against Unfair Competition).
Purpose of Data Processing
The collection of the user's email address serves to deliver the newsletter.
The collection of other personal data during the registration process serves to prevent misuse of the services or the email address used.
Storage Duration
The data is erased as soon as it is no longer necessary for the purpose for which it was collected. The user's email address is therefore stored as long as the newsletter subscription is active.
Objection and Rectification Option
The newsletter subscription can be canceled by the data subject at any time. For this purpose, a corresponding link is found in every newsletter.
This also allows for the withdrawal of consent for the storage of personal data collected during the registration process.
VI. Registration
Description and Scope of Data Processing
On our website, we offer users the opportunity to register by providing personal data. The data is entered into an input mask, transmitted to us, and stored. Data is not passed on to third parties. The following data is collected during the registration process:
First name, Last name
Email address
Residential address
Phone number
At the time of registration, the following data is also stored:
First name, Last name
Email address
Residential address
Phone number
During the registration process, user consent is obtained for the processing of this data.
Legal Basis for Data Processing
The legal basis for processing the data, provided the user has given consent, is Article 6(1)(a) GDPR.
If the registration is for the performance of a contract to which the user is party or for the performance of pre-contractual measures, then Article 6(1)(b) GDPR is an additional legal basis for processing the data.
Purpose of Data Processing
User registration is required for the performance of a contract with the user or for the performance of pre-contractual measures.
Your personal data is necessary to carry out sales, delivery, and installation. If the customer does not wish to subscribe to the newsletter, the data will be erased after the legally stipulated period has expired.
Storage Duration
The data is erased as soon as it is no longer necessary for the purpose for which it was collected.
For data provided during the registration process for the performance of a contract or for pre-contractual measures, this is the case when the data is no longer required for the performance of the contract. Even after the contract is concluded, there may be a necessity to store the contractual partner's personal data to comply with contractual or legal obligations.
Objection and Rectification Option
As a user, you have the option to cancel your registration at any time. You can have your stored data modified at any time.
To do this, simply send an email with the subject "personal data" to office@carpetiers.com. Your data will be modified or deleted according to your wishes.
If the data is required for the performance of a contract or for pre-contractual measures, premature deletion of the data is only possible if contractual or legal obligations do not prevent deletion.
VII. Contact Form and Email Contact
Description and Scope of Data Processing
Our website features a contact form that can be used for electronic communication. If a user takes advantage of this option, the data entered in the input mask is transmitted to us and stored. This data includes:
Salutation
First name, Last name
Email address
Your message
Contact request
At the time of sending the message, the following data is also stored:
Salutation
First name, Last name
Email address
Your message
Contact request
For the processing of data, your consent is obtained during the sending process, and you are referred to this privacy policy.
Alternatively, contact can be made via the provided email address (office@carpetiers.com). In this case, the personal data of the user transmitted with the email will be stored.
In this context, data is not passed on to third parties. The data is used exclusively for processing the conversation.
Legal Basis for Data Processing
The legal basis for processing the data, provided the user has given consent, is Article 6(1)(a) GDPR.
The legal basis for processing data transmitted in the course of sending an email is Article 6(1)(f) GDPR. If the email contact aims at concluding a contract, then Article 6(1)(b) GDPR is an additional legal basis for processing.
Purpose of Data Processing
The processing of personal data from the input mask is solely for the purpose of handling the contact request. In the case of contact by email, this also constitutes the necessary legitimate interest in processing the data.
The other personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.
Storage Duration
The data is erased as soon as it is no longer necessary for the purpose for which it was collected. For personal data from the contact form input mask and those sent via email, this is the case when the respective conversation with the user has ended. The conversation is considered ended when the circumstances indicate that the matter in question has been conclusively clarified.
Objection and Rectification Option
The user has the option to withdraw their consent to the processing of personal data at any time. If the user contacts us via email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.
Withdrawal of consent and objection to storage is done via email to office@carpetiers.at. All personal data stored during the contact process will be deleted in this case.
VIII. Disclosure of Personal Data to Third Parties
Desciption and Scope of Data Processing
Personal data collected from the contractual relationship is stored and processed with the aid of automation and transmitted to the following persons for further processing and for the purposes stated below. The personal data includes:
First name, Last name
Email address
Residential address
Disclosure is made to:
Postal services (FedEx, Österr. Post AG, UPS, DPD etc.)
Newsletter service
2. Legal Basis for Data Processing
The legal basis for processing the data, provided the user has given consent, is Article 6(1)(a) GDPR. Another legal basis is Article 6(1)(b) GDPR, as processing is necessary for the performance of the contract to which the data subject is party and for the performance of pre-contractual measures initiated at the request of the data subject.
Purpose of Data Processing
The data is disclosed to the following companies for the following purposes:
Postal services: For the purpose of catalog dispatch and shipment of goods.
Newsletter service: For the purpose of newsletter dispatch (name and email only).
Storage Duration
The data is erased as soon as it is no longer necessary for the purpose for which it was collected. This is the case for data disclosed for the performance of a contract or for pre-contractual measures when the data is no longer required for the performance of the contract. Even after the contract is concluded, there may be a necessity to store the contractual partner's personal data to comply with contractual or legal obligations.
Objection and Rectification Option
The user has the option to withdraw their consent to the processing and disclosure of personal data at any time. If the data is required for the performance of a contract or for pre-contractual measures, premature deletion of the data is only possible if contractual or legal obligations do not prevent deletion.
IX. Rights of the Data Subject
If personal data concerning you is processed, you are a data subject within the meaning of the GDPR and have the following rights with respect to the controller:
Right of Access
You may request confirmation from the controller as to whether personal data concerning you is 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 that 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 storage of the personal data concerning you or, if specific information is not possible, the criteria for determining the storage duration;
(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 this processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) all available information about 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) GDPR and – at least in these cases – meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
You have the right to request information as to 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 Article 46 GDPR in connection with the transfer.
Right to Rectification
You have the right to have inaccurate or incomplete personal data concerning you rectified or completed by the controller. The controller shall make the rectification without undue delay.
Right to Restriction of Processing
Under the following conditions, you may request the restriction of the processing of personal data concerning you:
(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 refuse to have the personal data erased and request instead the restriction of their use;
(3) the controller no longer needs the personal data for the purposes of processing, but you require them for the establishment, exercise, or defense of legal claims, or
(4) if you have objected to processing pursuant to Article 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override your grounds.
If processing of personal data concerning you has been restricted, these data may – apart from storage – 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 an important public interest of the Union or of a Member State.
If the restriction of processing has been lifted according to the above-mentioned conditions, you will be informed by the controller before the restriction is lifted.
Right to Erasure
a) Obligation to Erase
You may request the controller to erase personal data concerning you without undue delay, and the controller shall be obliged to erase this data without undue delay, provided one of the following grounds applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You withdraw your consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) GDPR, and there is no other legal ground for processing.
(3) You object to processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for processing, or you object to processing pursuant to Article 21(2) GDPR.
(4) The personal data concerning you have been unlawfully processed.
(5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data concerning you have been collected in relation to the offer of information society services pursuant to Article 8(1) GDPR.
b) Information to Third Parties
If the controller has made the personal data concerning you public and is obliged to erase them pursuant to Article 17(1) GDPR, the controller shall, taking account of available technology and the cost of implementation, take reasonable measures, including technical measures, to inform other controllers processing the personal data that you, as the data subject, have requested them to erase any links to, or copies or replications of, these personal data.
c) Exceptions
The right to erasure shall not apply to the extent that 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 by 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 in accordance with Article 9(2)(h) and (i) and Article 9(3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, in so far as the right referred to in point (a) is likely to render impossible the achievement of the objectives of that processing or seriously impairs it, or
(5) for the establishment, exercise, or defense of legal claims.
Right to Information
If you have asserted the right to rectification, erasure, or restriction of processing against the controller, the controller is obliged to communicate any rectification or erasure of data or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort.
You have the right to be informed by the controller about these recipients.
Right to Data Portability
You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used, and machine-readable format. Furthermore, you have the right to transmit this data to another controller without hindrance from the controller to whom the personal data have been provided, provided that
(1) the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR, and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. The freedoms and rights of others must not be affected by this.
The right to data portability does not apply to processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Right to Object
You have the right, on grounds relating to your particular situation, to object at any time to the processing of personal data concerning you which is based on Article 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise, or defense of legal claims.
If personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing purposes; this also applies to profiling in so far as it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you shall no longer be processed for these purposes.
You have the option, in connection with the use of information society services – notwithstanding Directive 2002/58/EC – to exercise your right to object by automated means using technical specifications.
Right to Withdraw Data Protection Consent Declaration
You have the right to withdraw your data protection consent declaration at any time. The withdrawal of consent shall not affect the lawfulness of processing carried out based on consent prior to its withdrawal.
Automated Individual Decision-Making, 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 authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and your legitimate interests, or
(3) is based on your explicit consent.
However, these decisions must not be based on special categories of personal data referred to in Article 9(1) GDPR, unless Article 9(2)(a) or (g) applies and suitable measures have been taken to safeguard your rights and freedoms and your legitimate interests.
With regard to cases referred to in (1) and (3), the controller shall take at least appropriate measures to safeguard your rights and freedoms and your legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
Right to Lodge a Complaint with 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 habitual residence, your place of work, or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant of the status and the outcome of the complaint, including the possibility of a judicial remedy pursuant to Article 78 GDPR.