Privacy Policy

Privacy Policy – DATA PROTECTION

Revised as of 29 November 2022

I. Overview

If we may welcome you as a customer, interested party or business partner, please read from point III.

If you visit our website, please read from point II.

II. What data do we process when you visit our website?

Welcome to our website! Please get an idea of how we process your personal data when you visit our website (Art 13, Art 14 GDPR; Section 165 (3) TKG).

When you visit our website, the following data can be processed:

- browser type,
- Operating system,
- Country,
- Date,
- time and duration of access,
- IP address* and pages visited on our website including entry and exit pages,
- contact page on website,
- Device data: We may store personal data from your device. Such data includes geolocation data, IP address, unique identifiers (e.g. MAC address),
- Data that you enter via a contact form,
- Data in the course of sending the newsletter.

The processing of this data is necessary to ensure the security of the operation of the website and to ensure the functionality of the website from a technical point of view. Some of this data is collected via technical cookies. These technical cookies are only used to the extent necessary (§ 165 Para. 3 TKG). The processing of this data is justified by our legitimate interest in the operation of our website (Art 6 Para 1 lit f GDPR).

For the operation of our website it may be necessary for us to disclose your data to the following recipients:

Recipient Data: Host Europe Limited
- Purpose of data processing: website hosting
- Legal basis for data processing: Predominantly legitimate interest (Art 6
- Para 1 lit f GDPR)
- Place of business: Germany
- Basis for transfer to a third country**: Within the EU

Recipient Data: MailChimp, Inc
- Purpose of data processing: newsletter provider
- Legal basis for data processing: Consent (Art 6 Para 1 lit a GDPR)
- Place of business: United States
- Basis for transmission to a third country: Standard data protection clauses according to Art 46 Para 2 lit c GDPR

Recipient data: Facebook (Instagram); (Meta, Inc)
- Purpose of data processing: social media providers
- Legal basis for data processing: Consent (Art 6 Para 1 lit a GDPR)
- Place of business: United States
- Basis for transmission to a third country: Art 49 Para 1 lit a GDPR

Recipient Data: Linkedin (Microsoft, Inc)
- Purpose of data processing: social media providers
- Legal basis for data processing: Consent (Art 6 Para 1 lit a GDPR)
- Place of business: United States
- Basis for transmission to a third country: Art 49 Para 1 lit a GDPR

Recipient data: TikTok
- Purpose of data processing: social media providers
- Legal basis for data processing: Consent (Art 6 Para 1 lit a GDPR)
- Place of business: China
- Basis for transmission to a third country: Art 49 Para 1 lit a GDPR

Recipient Data: Alphabet, Inc (Google Analytics, Google Drive; Gmail)
- Purpose of data processing: Statistical evaluation of the website and advertising; Document filing and collaborative work; email provider
- Legal basis for data processing: Consent (Art 6 Para 1 lit a GDPR); legitimate interest according to Art 6 Para 1 lit f GDPR;
- Place of business: United States
- Basis for transmission to a third country: Standard data protection clauses according to Art 46 Para 2 lit c GDPR

II.1. Overview of the “technical” cookies used

The above data is stored via so-called “cookies***”. Cookies are text files that are stored on your computer and that enable an analysis of the use of the website. They serve to recognize and store temporary data of the homepage visitor. In principle, we only use cookies to the extent necessary to communicate with you via the homepage.

These technical cookies are activated as soon as you visit our homepage.

The following cookies are mainly used on the basis of our legitimate interest (Art 6 Para 1 lit f GDPR) used on our platform:

Name of the cookie:_cf_bm
- Purpose of the cookie: This cookie is used to distinguish between humans and bots.
- Duration of storage: 1 day

Cookie name: embed/v3/counters.gif
- Purpose of the cookie: Used to implement forms in the website.
- Duration of storage: session

II.2. Overview of the “advertising cookies” used

In addition to the “technical cookies” described above, we also use so-called advertising cookies (including “statistical cookies”). These advertising cookies make it possible to better understand and evaluate your interests. With the help of the advertising cookies, we can combine your “surfing behavior” across the borders of our website with data from other websites. This enables us to better understand the interests of our website visitors and to be able to address them more specifically.

We respect that not every visitor to the site wants this. Therefore, we only process your data in the course of advertising cookies if you agree (Art 6 Para 1 lit a DSGVO). You can revoke this consent at any time, whereby the data processing carried out up to the time of revocation remains justified.

Name of the cookie: _hssc

Purpose of the cookie: Statistical purposes
Duration of storage: 1 day
Country of domicile of the recipient: USA
How it works: Indicates whether the cookie data needs to be updated in the visitor’s browser

Name of the cookie: _hssrc

Purpose of the cookie: Statistical purposes
Duration of storage: session
Country of domicile of the recipient: USA
How it works: Used to recognize the visitor’s browser when returning to the website.

Name of the cookie: _hstc

Purpose of the cookie: Statistical purposes
Duration of storage: 179 days
Country of domicile of the recipient: USA
How it works: Sets a unique ID for the session. This allows the website to collect data about visitor behavior for statistical purposes.

Name of the cookie: hubspotuk

Purpose of the cookie: Statistical purposes
Duration of storage: 179 days
Country of domicile of the recipient: USA
How it works: Sets a unique ID for the session. This allows the website to collect data about visitor behavior for statistical purposes.

Name of the cookie: _ptg.gif

Purpose of the cookie: advertising purposes
Duration of storage: session
Country of domicile of the recipient: USA

Cookie name: _ga; (Google) – Google Analytics

Purpose of the cookie: Statistical purposes
Duration of storage: 399 days
Country of domicile of the recipient: USA
How it works: Registers a unique ID that is used to compile statistical data about website usage.

Cookie name: _ga_# (Google) – Google Analytics

Purpose of the cookie: Statistical purposes
Duration of storage: 399 days
Country of domicile of the recipient: USA
How it works: Collects data on how often a visitor is on the website.

Name of the cookie: _gid (Google)
- Purpose of the cookie: Statistical purposes
- Duration of storage: 1 day
- Country of domicile of the recipient: USA
- How it works: Registers a unique ID that is used to compile statistical data on how visitors use the website.

Name of the cookie: _gat (Google)

Purpose of the cookie: Statistical purposes
Duration of storage: 1 day
Country of domicile of the recipient: USA
How it works: Certain data is only sent to Google Analytics once a minute at most. The cookie has a lifetime of one minute. As long as it is set, certain data transmissions are prevented.

III. For what purposes do we process your data if you are our customer or have a business relationship with us?

In the course of our business relationship with customers and business partners, we process data on the basis of contractual (handling of the contractual relationship with you, pre-contractual obligations, billing of services, dispatch of documents, communication for the execution of the contract) and legal obligations (legally required storage within the meaning of § 132 BAO ) (Art 6 Para 1 lit b and c GDPR) as well as due to our legitimate interests or due to legitimate interests of third parties (Art 6 Para 1 lit f GDPR), namely:

- For the purpose of internal administration and management of your business case to the required extent (eg: processing your business case, forwarding your business case to various departments, file filing, archiving purposes, correspondence with you);
- For the purpose of delivering orders;
- In the event of due diligence (assessment by investors);
- Assertion and defense of legal claims

in each case to the required extent. The processing of your data serves to initiate, maintain and process our business relationships. If you do not provide us with this data, we will unfortunately not be able to process your business case.

If necessary, we process your data based on your voluntary, express consent (Art 6 Para 1 lit a DSGVO).

IV. How long is your data stored?

We will only store your data for as long as is necessary for the purposes for which we collected your data. In this context, statutory storage obligations must be taken into account (e.g. for tax reasons, contracts and other documents from our contractual relationship must be stored for a period of seven years (§ 132 BAO)). In justified individual cases, for example to assert and defend against legal claims, we can also store your data for up to 30 years after the end of the business relationship.

V. Who may receive your data?

In the course of our business relationship, it may be necessary for us to transmit your data to the following recipients:

Recipient: CP International Logistik GmbH

Purpose: logistics and delivery company
Legal Basis: Legitimate Interest
Country: Austria

Recipient: insurance companies

Purpose: insurance of transport
Legal Basis: Legal and contractual necessity
Country: Austria

Recipients: auditors and tax consultants

Purpose: tax advice
Legal basis: contractual necessity
Country: Austria
Basis for transfer to third country: Within the EEA

Recipient: Bank Erste Bank

Purpose: payment processing
Legal basis: contractual obligation
Country: Within the EEA
Basis for transfer to third country: Within the EEA

Recipients: Lawyers, courts, dispute resolution

Purpose: Prosecution and defense of legal claims
Legal basis: Mainly legitimate interests
Country: Austria
Basis for transfer to third country: Within the EEA

Recipients: online collaboration tools (Zoom, Microsoft Teams)

Purpose: Conducting online meetings
Legal basis: Mainly legitimate interests
Country: United States
Basis for transmission to a third country: Standard data protection clauses according to Art 46 Para 2 lit c GDPR

Recipients: Funding agencies

Purpose: Proof of financial management
Legal Basis: Legal and contractual necessity
Country: Austria
Basis for transmission to a third country: within the EU

Recipient: HubSpot, Inc.

Purpose: e-commerce platform; Ecommerce
Legal basis: Mainly legitimate interests
Country: United States
Basis for transmission to a third country: Standard data protection clauses according to Art 46 Para 2 lit c GDPR

Recipient: Canva Pty Ltd.

Purpose: creation of designs and creative services
Legal basis: Mainly legitimate interests
Country: Australia
Basis for transmission to a third country: Standard data protection clauses according to Art 46 Para 2 lit c GDPR

VI. Collection of data from other sources (Art 14 GDPR)

In the course of a business relationship, or the initiation of this, it is naturally necessary to conduct research about the business partner. This is only done to the extent necessary for this. In this context, data can be retrieved and processed from the following sources:

Our company does not obtain any data from third-party sources.

VII. Does automated decision-making or profiling take place (Art 13 Para 2 lit f GDPR)?

There is no automated decision-making or profiling in our company.

VIII. What rights do you have with regard to data processing?

We would like to inform you that, provided the legal requirements are met, you can:

- have the right to request information about which of your data is processed by us (see Art. 15 GDPR for details).
- have the right to request the correction or completion of incorrect or incomplete data concerning you (see Art. 16 GDPR for details).
- the right to have your data deleted (see Art 17 GDPR for details).
- object to the processing of your data that is necessary to protect our legitimate interests or those of a third party (see Art. 21 GDPR for details). This applies in particular to the processing of your data for advertising purposes.
- Have the right to receive the transmission of the data you have provided in a structured, commonly used and machine-readable format.

If we process your data on the basis of your consent, you have the right to withdraw this consent at any time by email . This does not affect the legality of the data processing that has taken place up to this point in time (Article 7 (3) GDPR).

IX. What rights of appeal do you have?

If, contrary to expectations, your right to the lawful processing of your data is violated, please contact us by post or email. We will endeavor to process your request immediately. However, you also have the right to lodge a complaint with the supervisory authority responsible for you for data protection matters.

The address of the Austrian data protection authority is:

Austrian data protection authority

Barichgasse 40-42,

1030 Vienna

X. How can you contact us?

If you have any further questions about the processing of your data, you are welcome to contact our data protection coordinator using the contact details below.

XI. Contact person responsible

The person responsible within the meaning of Art 4 Z 7 DSGVO is:

Circularful GmbH

Leystrasse 50, Top 23

1200 vienna

Austria

[email protected]

+43 664 533 90 81

________________

*An IP address is a number assigned to a device. This IP address allows devices to communicate over the Internet. Each IP address contains information about the Internet service provider used and the physical location of the device used. In this way, information about the user of the device can be obtained.

**“Third country” includes all states except (1) the member states of the European Union and (2) the member states of the European Economic Area, i.e. in addition to the EU member states Iceland, Liechtenstein and Norway.

***You can prevent the storage of cookies by setting your browser software accordingly. However, we would like to point out that in this case you may not be able to use all the functions of this website to their full extent.

__________________

Originator of this data protection declaration : RA Dr. Tobias Tretzmuller, LL.M.; www.digital-recht.at

Any use of this data protection declaration, or even parts of it, without the consent of the author constitutes a violation of copyright.