Disclaimer – Privacy Policy

Newsletter

If you subscribe to the Newsletter - Subscriptions are handled by Feedburner by Google - please read up on Google Feedburner website about their privacy policies: by https://feedburner.google.com

 

Privacy Policy for All Visitors

This website does not process any data that is non anonymous for non logged in Users respectively users who do not contact us personally, or donate or subscribe to the newsletter!  

All data is handled according to European GPDR regulations.

Information Automatically Logged

As with most other websites, we  (that currently means me - Felix Hartmann) collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, your ISP (internet service provider, such as AOL or Shaw Cable), the browser you used to visit our site (such as Internet Explorer or Firefox), the time you visited our site and which pages you visited throughout our site. This web activity is tracked with Cloudflare Web Analytics

Cloudflare web analytics does not use cookies to store visitor data, does no fingerprinting via IP addresses, and never saves any personal information of any visitor. It also doesn’t track people across different websites. As this website loads no third party cookies - no cookie banner is shown.

 

External Links

This site contains (affiliate) links to other sites. Openmtbmap.org and it’s authors are not responsible for the privacy practices or the content of such Web sites.

Cookies

If you don't want to accept cookies - please disable cookie handling in your browser accordingly. Please note that the functionality of this website will be severely reduced if you decide to do so (e.g. no premium downloads, no login, no possibility to pay/donate, no comments for support, no saving of preferred language...).

A cookie is a file that is downloaded onto Your device when You access certain webpages. Cookies allow the webpage, among other things, to store and retrieve information about the number of times You visit it, the browser habits of a user or computer and, depending on the information that it contains and the way in which the computer is used, cookies can be used for user recognition.

Most browsers allow You to choose whether to accept cookies or not. If You do not wish to have cookies placed on Your device, please set Your browser preferences to reject all cookies, before accessing Quaderno.

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit allaboutcookies.org.

Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. No system can be perfect, but we try our best to keep your data safe.

• The server running this website is protected by (1) firewalls establishing a barrier between my trusted, secure internal network and the Internet and (2) IP restrictions, limiting access to whitelisted IP addreeses.
• each User may only access information pertaining to its own account.
• we use HTTPS for all Services providing secure transfer of data to prevent wiretapping and man-in-the-middle attacks.

 

Additional Privacy Policy for Users - meaning Users who donate (and optionally create an account) 

Why Do we collect non anonymous data?

 

OpenMTBMap.org and www.velomap.org are run advertisement free! No Ads or any other sources of income but your donations keep this site alife and running! The most important thing to me are satisfied and happy OpenMTBMap and VeloMap Members. Without you and your donations, we could not run this website. Therefore we treat any data acquired during registration as private as possible . Right now (May 2018) we is only me - Felix Hartmann. However as I may in future employ employees I reserve to refer to we instead of me in this Privacy Policy.

As we also offer "lifelong" memberships, we want to say again, that the main purpose of the donations is to support openmtbmap and velomap map development and keep the homepage running and up to date, not the benefits that come with the donation. If we can do so, we will honor all lifelong memberships for at least 25 years (we can do so, if it provides a living for us/me). We will keep this in any case with the exception that we/I become unable to run the websites (be it an accident or an unforeseen event (major force) that makes me unable to run the websites. Should We sell openmtbmap.org or www.velomap.org, the buyer will have to honor the memberships too (except for the case of bankruptcy)

 

Legal grounds for processing personal data

Even though we would love to not keep any non anonymous data - the EU VATMOSS regulation ( and Austrian Laws)  forces me to do so! Please tell your outright anger to any responsible (and maybe corrupt too?) person you meet for this law - many of which are based in Brussels, Belgium.

The main basis for this is the EU VATMOSS Regulation. So please downvote Oettinger and Junker for this fuckup! 

We are therefore forced to keep your invoices and proof of residency for 10 years! After 10 years at the beginning of each calendar year (within January) all data older than 10 years will be deleted!

For each payment we must keep 2 matching independant proofs of your residence country. These are 2 out of the following:

The country of your address / The country of your IP address / The country information/code your your credit card (but not your credit card number which we never handle/receive)) and ONLY in case of mismatch between the state you say you live in and your IP address and only when checking out via paypal your telephone number. In this way we can gather 3 independant proofs should there be a conflict of proofs regarding your residency. We are forced to correctly determine your country of residence by VATMOSS regulations in order to charge you the appropriate VAT rate of your resident country.

We of course also collect your email to send you the invoice and make it possible for you to access your account.

 

What non anonymous data is collected?

Your name and surname; Your address, Your IP address; Your email address(es) and in case that you create an account (which seems obvious if you donate, even though some people chose not to seeing the donation as a gift only) your username and password. Eventually your telephone number. If you create a payment subscription - the payment subscription number. If you choose to associate a nickname to your account - the nickname. If you fill in any other of the voluntary fields in your account profile, the content of those fields.

 

Who handles this non anonymous data?

We do not rent or sell Your information, but we do disclose Your information to a limited set of trusted Third Parties in the situations explained below, for which You, by using this websites Services, hereby explicitly consent.

We will disclose Your personal information where We are bound to do so, at law or via a court order as well as to meet any legal or regulatory requirement or obligations. We will use all reasonable efforts to ensure that those requirements or obligations are in accordance with Applicable Law.
we reserve the right to disclose Your information to any Third Party if We have reasonable information to believe that the disclosure is necessary for the purpose of an investigation and/or for the enforcement of any breaches of the Terms of Service (if applicable), to detect, prevent or otherwise address fraud, security, technical issues or other irregularities or illegalities, protect the rights and interests as well as the property of this website.

So who handles this non anonymous data:in short: Quaderno.io, Paypal or Stripe, Google and Us

As keeping up with EU VATMOSS legislation rules is anything but easy, I've outsourced this task to Quaderno.io ( https://quaderno.io/privacy/ - Recrea Systems, SLU, Spain ).

Quaderno.io receives the above mentioned data from my website and/or from Paypal OR Stripe (if you decide to pay via credit card directly instead of via paypal). They keep your address and name/surname and email. They however to my best knowledge do not store your IP address but only the country that the IP address belongs to. The same goes to the credit card country code or paypal country code or telephone number of which only the country information is kept for reference. Quaderno.io, Paypal and Stripe are all also part of the GPDR regulation and delete the data after 10 years.

Because we are legally obliged to save all invoices for 10 years - we save the invoices for ten years. 

 

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

 

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

 

Data privacy user rights and how to exercise them

You have the right to request all your personal information to be deleted. We will do our best to do this as quick as possible. However not that due to laws (especially VATMOSS regulation) any invoices and VAT related data has to be stored for 10 years. I can not make your invoice non anonymous or delete it before these 10 years are over.

Besides you have the following rights:

• The right to be informed
• The right of access
• The right of rectification
• The right to erasure
• The right to restrict processing
• The right to data portability
• The right to object

 

DATA Privacy if you sent me an email:

Note emails sent to any of my domains - so in case @velomap.org or @openmtbmap.org are handled by Google (Google Apps for Business). 

In general we keep all emails. If you request we can delete all emails with information about you/from or to your email address. 

Payment Method:

Data protection provisions about the use of PayPal as a payment processor

On this website, the controller has integrated components of PayPal. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which represent virtual private or business accounts. PayPal is also able to process virtual payments through credit cards when a user does not have a PayPal account. A PayPal account is managed via an e-mail address, which is why there are no classic account numbers. PayPal makes it possible to trigger online payments to third parties or to receive payments. PayPal also accepts trustee functions and offers buyer protection services.

The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

If the data subject chooses "PayPal" as the payment option in the online shop during the ordering process, we automatically transmit the data of the data subject to PayPal. By selecting this payment option, the data subject agrees to the transfer of personal data required for payment processing.

The personal data transmitted to PayPal is usually first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. The processing of the purchase contract also requires such personal data, which are in connection with the respective order.

The transmission of the data is aimed at payment processing and fraud prevention. The controller will transfer personal data to PayPal, in particular, if a legitimate interest in the transmission is given. The personal data exchanged between PayPal and the controller for the processing of the data will be transmitted by PayPal to economic credit agencies. This transmission is intended for identity and creditworthiness checks.

PayPal will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfill contractual obligations or for data to be processed in the order.

The data subject has the possibility to revoke consent for the handling of personal data at any time from PayPal. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.

The applicable data protection provisions of PayPal may be retrieved under https://www.paypal.com/us/legalhub/privacy-full.

Data protection provisions about the use of Stripe as a Payment Processor

On this website, the controller has integrated components of Stripe. Stripe is an online payment service provider. Payments are processed virtual payments through credit cards . 

The entity that provides Services in Europe is Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin.

If the data subject chooses "Credit Card (Stripe)" as the payment option in the online shop during the ordering process, we automatically transmit the data of the data subject to Stripe. By selecting this payment option, the data subject agrees to the transfer of personal data required for payment processing.

The personal data transmitted to Stripe is usually first name, last name, address, email address, IP address, telephone number, mobile phone number, credit card data or other data necessary for payment processing. The processing of the purchase contract also requires such personal data, which are in connection with the respective order.

The transmission of the data is aimed at payment processing and fraud prevention. The controller will transfer personal data to Stripe, in particular, if a legitimate interest in the transmission is given. The personal data exchanged between Stripe and the controller for the processing of the data will be transmitted by Stripe to economic credit agencies. This transmission is intended for identity and creditworthiness checks.

Stripe  will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfill contractual obligations or for data to be processed in the order.

The data subject has the possibility to revoke consent for the handling of personal data at any time from Stripe. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.

The applicable data protection provisions of Stripe may be retrieved under https://stripe.com/us/privacy

where /us/ is standing for USA and how data is treated for worldwide customers. For European customers you can find their data protection provisions here: https://stripe.com/at/privacy

 

Severability Clause

If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:

1. the validity or enforceability in that jurisdiction of any other provision of this Agreement; or
2. the validity or enforceability in other jurisdictions of that or any other provision of this Agreement."

Court Jurisdiction

Court Jurisdiction for any disputes is Innsbruck, Austria

 

Sorry to everyone - this rubbish legally binding privacy policy is mandatory - so here it follows. Thank some super super super super smart heads in our chosen represantatives - aka government - who really know how the internet works and also got all their other shit together for bullying you with the following - however legally binding - junk. 

 

Legally Binding Privacy Policy as obliged by some ****heads of the European Union

This is in addition to the abridged version.

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Felix Hartmann e.U.. The use of the Internet pages of the Felix Hartmann e.U. is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Felix Hartmann e.U.. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, the Felix Hartmann e.U. has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

1. Definitions

The data protection declaration of the Felix Hartmann e.U. is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

• a)    Personal data

  Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

• b) Data subject

  Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

• c)    Processing

  Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

• d)    Restriction of processing

  Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

• e)    Profiling

  Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

• f)     Pseudonymisation

  Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

• g)    Controller or controller responsible for the processing

  Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

• h)    Processor

  Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

• i)      Recipient

  Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

• j)      Third party

  Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

• k)    Consent

  Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

Outdoormaps LTD

Terrain Court 37, 6a Istanbul Street, 401

6025 Larnaca

Cyprus

Phone: 00436503354942

Email: see above in disclaimer.

Website: https://openmtbmap.org

3. Cookies

The Internet pages of the Felix Hartmann e.U. use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the dats subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, the Felix Hartmann e.U. can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

4. Collection of general data and information

The website of the Felix Hartmann e.U. collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, the Felix Hartmann e.U. does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Felix Hartmann e.U. analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. Registration on our website

The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.

By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.

The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.

The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.

6. Subscription to our newsletters

On the website of the Felix Hartmann e.U., users are given the opportunity to subscribe to our enterprise's newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.

The Felix Hartmann e.U. informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise's newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.

During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.

The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.

7. Newsletter-Tracking

The newsletter of the Felix Hartmann e.U. contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the Felix Hartmann e.U. may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.

Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. The Felix Hartmann e.U. automatically regards a withdrawal from the receipt of the newsletter as a revocation.

8. Comments function in the blog on the website

The Felix Hartmann e.U. offers users the possibility to leave individual comments on individual blog contributions on a blog, which is on the website of the controller. A blog is a web-based, publicly-accessible portal, through which one or more people called bloggers or web-bloggers may post articles or write down thoughts in so-called blogposts. Blogposts may usually be commented by third parties.

If a data subject leaves a comment on the blog published on this website, the comments made by the data subject are also stored and published, as well as information on the date of the commentary and on the user's (pseudonym) chosen by the data subject. In addition, the IP address assigned by the Internet service provider (ISP) to the data subject is also logged. This storage of the IP address takes place for security reasons, and in case the data subject violates the rights of third parties, or posts illegal content through a given comment. The storage of these personal data is, therefore, in the own interest of the data controller, so that he can exculpate in the event of an infringement. This collected personal data will not be passed to third parties, unless such a transfer is required by law or serves the aim of the defense of the data controller.

9. Subscription to comments in the blog on the website

The comments made in the blog of the Felix Hartmann e.U. may be subscribed to by third parties. In particular, there is the possibility that a commenter subscribes to the comments following his comments on a particular blog post.

If a data subject decides to subscribe to the option, the controller will send an automatic confirmation e-mail to check the double opt-in procedure as to whether the owner of the specified e-mail address decided in favor of this option. The option to subscribe to comments may be terminated at any time.

10. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

11. Rights of the data subject

• a) Right of confirmation

  Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

• b) Right of access

  Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
  • the existence of the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the data subject, any available information as to their source;
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

  Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

  If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

• c) Right to rectification

  Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

  If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

• d) Right to erasure (Right to be forgotten)

  Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
  • The personal data have been unlawfully processed.
  • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

  If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Felix Hartmann e.U., he or she may, at any time, contact any employee of the controller. An employee of Felix Hartmann e.U. shall promptly ensure that the erasure request is complied with immediately.

  Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Felix Hartmann e.U. will arrange the necessary measures in individual cases.

• e) Right of restriction of processing

  Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
  • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

  If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Felix Hartmann e.U., he or she may at any time contact any employee of the controller. The employee of the Felix Hartmann e.U. will arrange the restriction of the processing.

• f) Right to data portability

  Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

  Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

  In order to assert the right to data portability, the data subject may at any time contact any employee of the Felix Hartmann e.U..

• g) Right to object

  Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

  The Felix Hartmann e.U. shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

  If the Felix Hartmann e.U. processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Felix Hartmann e.U. to the processing for direct marketing purposes, the Felix Hartmann e.U. will no longer process the personal data for these purposes.

  In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Felix Hartmann e.U. for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

  In order to exercise the right to object, the data subject may contact any employee of the Felix Hartmann e.U.. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

• h) Automated individual decision-making, including profiling

  Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.

  If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the Felix Hartmann e.U. shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

  If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Felix Hartmann e.U..

• i) Right to withdraw data protection consent

  Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

  If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Felix Hartmann e.U..

12. This website uses Cloudflare Web Analytics.

Information collected includes your IP (internet protocol) address, your ISP (internet service provider, such as AOL or Shaw Cable), the browser you used to visit our site (such as Internet Explorer or Firefox), the time you visited our site and which pages you visited throughout our site. This web activity is tracked with Cloudflare Web Analytics. Cloudflare Inc. 101 Townsend St, San Francisco, CA 94107, USA

Cloudflare web analytics does not use cookies to store visitor data, does no fingerprinting via IP addresses, and never saves any personal information of any visitor. It also doesn’t track people across different websites. As this website loads no third party cookies - no cookie banner is shown.

Cloudflare Web Analytics is a privacy focused tool in that no cookies are used and your data isn’t sold onto third parties. However, Cloudflare is making use of the data collected to improve their business intelligence and services. Cloudflares Privacy Policy can be found here: https://www.cloudflare-cn.com/en-us/trust-hub/gdpr/ and here https://www.cloudflare.com/privacypolicy/

Note however this applies also to Cloudflare CDN which collects much more data as well as processes and stores data which this website does not use. This website only uses Cloudflare Web Analytics.

13. Payment Method: Data protection provisions about the use of PayPal as a payment processor

On this website, the controller has integrated components of PayPal. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which represent virtual private or business accounts. PayPal is also able to process virtual payments through credit cards when a user does not have a PayPal account. A PayPal account is managed via an e-mail address, which is why there are no classic account numbers. PayPal makes it possible to trigger online payments to third parties or to receive payments. PayPal also accepts trustee functions and offers buyer protection services.

The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

If the data subject chooses "PayPal" as the payment option in the online shop during the ordering process, we automatically transmit the data of the data subject to PayPal. By selecting this payment option, the data subject agrees to the transfer of personal data required for payment processing.

The personal data transmitted to PayPal is usually first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. The processing of the purchase contract also requires such personal data, which are in connection with the respective order.

The transmission of the data is aimed at payment processing and fraud prevention. The controller will transfer personal data to PayPal, in particular, if a legitimate interest in the transmission is given. The personal data exchanged between PayPal and the controller for the processing of the data will be transmitted by PayPal to economic credit agencies. This transmission is intended for identity and creditworthiness checks.

PayPal will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfill contractual obligations or for data to be processed in the order.

The data subject has the possibility to revoke consent for the handling of personal data at any time from PayPal. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.

The applicable data protection provisions of PayPal may be retrieved under https://www.paypal.com/us/legalhub/privacy-full.

Data protection provisions about the use of Stripe as a Payment Processor

On this website, the controller has integrated components of Stripe. Stripe is an online payment service provider. Payments are processed virtual payments through credit cards . 

The entity that provides Services in Europe is Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin.

If the data subject chooses "Credit Card (Stripe)" as the payment option in the online shop during the ordering process, we automatically transmit the data of the data subject to Stripe. By selecting this payment option, the data subject agrees to the transfer of personal data required for payment processing.

The personal data transmitted to Stripe is usually first name, last name, address, email address, IP address, telephone number, mobile phone number, credit card data or other data necessary for payment processing. The processing of the purchase contract also requires such personal data, which are in connection with the respective order.

The transmission of the data is aimed at payment processing and fraud prevention. The controller will transfer personal data to Stripe, in particular, if a legitimate interest in the transmission is given. The personal data exchanged between Stripe and the controller for the processing of the data will be transmitted by Stripe to economic credit agencies. This transmission is intended for identity and creditworthiness checks.

Stripe  will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfill contractual obligations or for data to be processed in the order.

The data subject has the possibility to revoke consent for the handling of personal data at any time from Stripe. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.

The applicable data protection provisions of Stripe may be retrieved under https://stripe.com/us/privacy

where /us/ is standing for USA and how data is treated for worldwide customers. For European customers you can find their data protection provisions here: https://stripe.com/at/privacy

14. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

15. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

16. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

17. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

18. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

 

19. Court Jurisdiction

Court Jurisdiction for any disputes is Innsbruck, Austria

 

20. Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

 

21. Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

This legally binding Privacy Policy has been in large parts generated by the Privacy Policy Generator of the DGD - Your External DPO that was developed in cooperation with German Lawyers from WILDE BEUGER SOLMECKE, Cologne.