We are very pleased about your interest in our company. Data protection is an important priority to the management of the WEINGUT KERSCHBAUM. Use of the WEINGUT KERSCHBAUM website is possible without providing any personal data. However, if a data subject wishes to use our company's special services through our website, personal data processing may be required. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain consent from the data subject.
As the controller, WEINGUT KERSCHBAUM, has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security flaws, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to submit personal data to us through alternative ways, e.g. by telephone.
1. Name and Address of the Controller
The controller for the purposes of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions with data protection characteristics, is:
Tel.: +43 2610 42392
3. Collection of General Data and Information
The website of WEINGUT KERSCHBAUM collects a series of general data and information each time a data subject or an automated system calls up the website. This general data and information are stored in the log files of the server. 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 from which an accessing system reaches our website, (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) other similar data and information used in the event of attacks on our information technology systems. When using these general data and information, WEINGUT KERSCHBAUM does not draw any conclusions about the data subject. Rather, this information is required to (1) deliver the contents 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 the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber-attack. Therefore, WEINGUT KERSCHBAUM analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our company, 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.
4. Registration on our website
The data subject has the possibility to register on the website of the controller by providing personal data. The personal data to be sent 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 arrange for the transfer to one or more processors, such as a parcel service, who also uses the personal data only for internal use attributable to the controller. By registering on the website of the controller, the IP address assigned by the Internet service provider (ISP) of the data subject, as well as the date and time of registration are stored. The storage of this information 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. In this respect, the storage of this information is required to secure the controller. There is no disclosure of data to third parties, unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution. By registering and voluntarily providing personal data, the data controller offers the data subject with content or services that, due to the nature of the case, can only be offered to registered users. Registered users are free to change the personal data given at registration at any time or to delete it completely from the database of the controller. The controller shall, at any time upon request, provide information to each data subject as to what personal data is stored about the data subject. Furthermore, the data controller shall correct or erase personal data at the request or indication of the data subject, in so far as there are no statutory storage obligations. All employees of the controller are available to the data subject in this context as a contact person.
5. Newsletter subscription
On the website of WEINGUT KERSCHBAUM, the users are given the opportunity to subscribe to the newsletter of our company. The personal data that are transmitted to the controller upon subscribing, results from the input mask used for this purpose. WEINGUT KERSCHBAUM informs its customers and business partners about company offers at regular intervals by means of a newsletter. The company newsletter can 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. For legal reasons, a confirmation e-mail will be sent first to the e-mail address entered by the data subject using the Double opt-in procedure. This confirmation e-mail is used to check whether the owner of the e-mail address, as the data subject, authorized the receipt of the newsletter. When subscribing to the newsletter, the IP address of the computer system used by the data subject at the time of registration, as well as the date and time of registration as assigned by the Internet Service Provider (ISP), are stored. The collection of this data is necessary to understand the (possible) misuse of a data subject’s e-mail address at a later stage and therefore serves as a legal safeguard for the controller. The personal data collected in the context of registering for the newsletter will be used exclusively to send our newsletter. Subscribers to the newsletter may also be notified by e-mail if this is necessary for the operation of the newsletter service or registration, as might be the case in the event of changes to the newsletter or technical changes. There will be no transfer of the personal data collected as part of the newsletter service to third parties. Subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data that the data subject has given us for the newsletter dispatch can be revoked at any time. For revoking the consent, there is a corresponding link in each newsletter. It is also possible to unsubscribe from the newsletter at any time, directly on the controller's website, or to inform the controller in a different way.
6. Newsletter tracking
The WEINGUT KERSCHBAUM newsletter contains so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in e-mails that are sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixels, WEINGUT KERSCHBAUM can recognize if and when an e-mail was opened by a data subject and which links in the e-mail were clicked on by the data subject. Personal data collected via the tracking pixels contained in the newsletter will be stored and evaluated by the controller to optimize the delivery of the newsletter and to better adapt the content of future newsletters to the interests of the data subject. This personal data will not be disclosed to third parties. Data subjects are at any time entitled to cancel the separate declaration of consent made via the Double opt-in procedure. After cancellation, this personal data will be deleted by the controller. WEINGUT KERSCHBAUM automatically interprets a deregistration from the receipt of the newsletter as a cancellation.
7. Contact possibilities via the website
Due to legal regulations, the WEINGUT KERSCHBAUM website contains information that enables quick electronic contact with our company as well as direct communication with us, which also includes a general electronic mail address (e-mail address). If a data subject contacts the controller by e-mail or through a contact form, the personal data provided by the data subject will be automatically saved. Such personal data, voluntarily transmitted by a data subject to the controller, is stored for processing or contacting the data subject. There is no disclosure of this personal data to third parties.
8. Routine erasure and restriction of processing of personal data
The controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of the storage or for the period required by the European legislator or by any other legislator 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 any other relevant legislator expires, the personal data will be routinely blocked or erased in accordance with legal requirement.
9. Rights of the Data Subject
a) Right of confirmation
The data subject shall have the right, as granted by the European legislator, to obtain the confirmation from the controller as to whether personal data relating to him or her are being processed. If a data subject wishes to make use of this right of confirmation, he or she may, at any time, contact an employee of the controller..
b) Right of access
The data subject shall have the right, as granted by die European legislator, to obtain information, free of charge, from the controller on the personal data stored about him or her and to receive a copy of that information. Furthermore, the European legislator grants the data subject access to the following information:
• the processing purposes • the categories of personal data being processed • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries (non-member states) or to international organizations • where possible, the planned duration 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 rectification from the controller or erasure of personal data or the 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, in accordance with 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 has a right to obtain information as to whether personal data are transferred to a third country (non-member state) or to an international organization. If this is the case, the data subject has the right to be informed of the approriate guarantees in connection with 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
The data subject shall have the right, granted by the European legislator, to demand the immediate rectification of inaccurate personal data concerning him or her. Considering the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact an employee of the controller.
d) Right to erasure (´Right to be forgotten`)
The data subject shall have the right, granted by the European legislator, to require from the controller the immediate erasure of personal data concerning him or her, provided that one of the following reasons applies and processing is not needed:
• The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
• The data subject withdraws his or her consent, on which the processing was based, in accordance with 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 were processed unlawfully.
• The erasure of personal data is required for compliance with a legal obligation under Union law or Member State law to which the controller is subject.
• The personal data were collected in relation to the offer of information society services referred to in Article (1) of the GDPR.
If one of the abovementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by WEINGUT KERSCHBAUM, he or she may contact an employee of the controller at any time. An employee of WEINGUT KERSCHBAUM will promptly ensure that the erasure request is complied with immediately.
If the personal data have been made public by WEINGUT KERSCHBAUM, our company is responsible for erasing personal data as referred to in Article 17 (1) of the GDPR. Considering the available technology and the implementation costs, WEINGUT KERSCHBAUM will take appropriate measures, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure from all other controllers of any links to, or copies, or replications of such personal data, as far as processing is not required. The employee of WEINGUT KERSCHBAUM will see to the necessary details in individual cases.
e) Right to restriction of processing
The data subject shall have the right, granted by the European legislator, to require from the controller the restriction of processing where one of the following conditions applies:
• The accuracy of the personal data is contested by the data subject, for a period of time that enables the controller to verify the accuracy of the personal data.
• The processing is unlawful; the data subject opposes the erasure of the personal data and instead requests the restriction of the use of personal data.
• The data controller no longer needs the personal data for the purposes of the processing but are required by the data subject for the establishment, exercise or defence of legal claims.
• The data subject has objected to the processing according to Article 21 (1) of the GDPR pending the verification whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the abovementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by WEINGUT KERSCHBAUM, he or she may at any time contact an employee of the controller. The employee of WEINGUT KERSCHBAUM will arrange the restriction of the processing.
f) Right to data portability
The 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 also have the right to transmit the data to another controller without hindrance from the controller to whom the personal data were provided, as long as the processing is based on the 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, in so far as this is technically feasible and when doing so does not adversely affect the rights and freedom of others.
To assert the right to data portability, the data subject can contact an employee of WEINGUT KERSCHBAUM at any time.
g) Right to object
The data subject shall have the right, granted by the European legislator, to object at any time, on grounds relating to his or her particular situation, to the 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.
WEINGUT KERSCHBAUM will no longer process the personal data in the event of an objection, unless we can prove compelling legitimate reasons for the processing that outweigh the interests, rights and freedom of the data subject, or for the establishment, exercise or defense of legal claims.
If WEINGUT KERSCHBAUM processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data for such advertising. This also applies to profiling, as far as it is associated with direct marketing. If the data subject objects to WEINGUT KERSCHBAUM to the processing for direct marketing purposes, WEINGUT KERSCHBAUM will no longer process the personal data for these purposes. In addition, the data subject shall have the right, on grounds relating to his or her particular situation, to object to the processing of personal data by WEINGUT KERSCHBAUM for scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) of the GDPA, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may contact any employee of WEINGUT KERSCHBAUM directly. The data subject is also free, in the context of the use of information society services, notwithstanding Directive 2002/58 / EC, to exercise his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
The 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 has a legal effect on him or her, or in a similar manner, significantly affects him or her, providing that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is permitted by Union or Member State legislation to which the controller is subject and which also lays down appropriate measures to safeguard the rights and freedom as well as the legitimate interests of the data subject; or (3) is made with the data subject’s explicit consent.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller or (2) it is based on the data subject’s explicit consent, WEINGUT KERSCHBAUM shall take appropriate measures to safeguard the rights and freedom and the legitimate interests of the data subject, including 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 contact an employee of the controller at any time.
i) Right to revoke data protection consent
The data subject shall have the right, granted by the European legislator, to revoke his or her consent to the processing of his or her personal data at any time.
If the data subject wishes to exercise the right to revoke consent, he or she may, at any time, contact an employee of the controller.
10. Data protection regulations for the application and use of Facebook
The controller has integrated components of the company Facebook on this website. Facebook is a social network. A social network is an Internet-based social meeting place, an online community that typically allows users to communicate with each other and interact in a virtual space. A social network can serve as a platform to exchange views and experiences or allows the Internet community to provide personal or business information. Facebook allows social network users to, among other things, create private profiles, upload photos and socialize via friend requests. The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. When a data subject lives outside the USA or Canada, it is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland. Every time one of the individual pages of this website, which is operated by the controller and on which a Facebook component (Facebook plugin) has been integrated, is accessed, the Internet browser on the information technology system of the data subject automatically causes the respective Facebook Component to download a representation of the corresponding Facebook component from Facebook. An overview of all Facebook plugins can be found at https://developers.facebook.com/docs/plugins/?locale=en_US. As part of this technical process, Facebook receives information about which specific subpage of our website is visited by the data subject.
If the data subject is simultaneously logged into Facebook, Facebook recognizes with each visit to our website and during the entire time of access to our website, which specific subpage of our website the data subject visits. This information is collected through the Facebook component and assigned by Facebook to the respective Facebook account of the data subject. If the data subject activates one of the Facebook buttons integrated on our website, for example the "Like" button, or if the data subject makes a comment, Facebook assigns this information to the personal Facebook account of the data subject and saves this personal data. Facebook always receives information, via the Facebook component, that the data subject has visited our website, if the data subject is logged in to Facebook at the same time as accessing our website; this happens regardless of whether the person clicks on the Facebook component or not. If such a transfer of information to Facebook is unwanted by the data subject, it can be prevented by logging out of their Facebook account before accessing our website. The data policy published by Facebook, which is available at https://de-de.facebook.com/about/privacy/, provides information on the collection, processing and use of personal data by Facebook. It also explains which options Facebook offers to protect the privacy of the data subject. There are, in addition, different applications available to make it possible to prevent data transfer to Facebook. Such applications can be used by the data subject to prevent data transfer to Facebook.
11. Data protection regulations for the application and use of Google Analytics (with anonymization function)
On this website, the controller has integrated the component of Google Analytics (with the anonymization function). Google Analytics is a web analytics service. Web analysis is the collection, gathering and analysis of data about the behaviour of visitors to websites. A web analysis service collects data about the website from which a data subject has been directed (the so-called referrer), which subpages were visited, how often and the duration a subpage was viewed. Web analysis is mainly used to optimize a website and to carry out a cost-benefit analysis of Internet advertising. The operating company of the Google Analytics component is Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043-1351, USA. For web analysis through Google Analytics, the controller uses the application "gat._anonymizeIp". By means of this application, the IP address of the data subject’s Internet connection is abridged and anonymised by Google when our webpages are accessed from a Member State of the European Union or from another Contracting State to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information to evaluate the use of our website, to compile online reports showing the activities on our website and to provide other services related to the use of our website. Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies has already been explained earlier. By using a cookie, Google can analyze the usage of our website. With each access to the individual pages of this website, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online analysis. As part of this technical process, Google receives knowledge of personal data, such as the IP address of the data subject, which serves Google to track the visitor’s country of origin, clicks and subsequently create commission settlements.
12. Legal basis of processing
Point (a) of Article 6 (1) of the 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 fulfillment 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 point (b) of Article 6 (1) of the GDPR. The same applies to processing operations that are necessary for carrying out pre-contractual measures, for example in the case of inquiries regarding our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on point (c) of Article 6 (1) of the GDPR. In rare cases, the processing of personal data may be required to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor to our company was injured and his or her 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 point (d) of Article 6 (1) of the GDPR. Finally, processing operations could be based on point (f) of Article 6 (1) of the GDPR. This legal basis is used for processing operations that are not covered by any of the abovementioned legal grounds, if processing is necessary to safeguard the legitimate interests of our company or a third party, except where such interests are overridden by the interests or fundamental rights and freedom of the data subject. Such processing operations are therefore particularly permissible because they have been specifically mentioned by the European legislator. In that regard, it’s considered that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, 2nd sentence of the GDPR).
13. Beneficial interests, pursued by the controller or a third party, in the processing
Where the processing of personal data is based on point (f) of Article 6 (1) of the GDPR, our legitimate interest is conducting business in favour of the well-being of all our employees and shareholders.
14. 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 the expiration of the period, the corresponding data will be routinely erased, as long as it is no longer required to fulfill or initiate a contract.
15. Provision of personal data as statutory or contractual requirement; requirements necessary for the conclusion of a contract; obligation of the data subject to provide 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 may result from contractual provisions (e.g. details of the contractual partner). Sometimes it may be necessary in concluding a contract, that a data subject provides us with personal data which must subsequently be processed by us. The data subject is, for example, required to provide us with personal data when our company enters into a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Prior to any personal data being provided by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject individually whether the provision of the personal data is required for legal or contractual matters or for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of failure to provide such data.
16. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.