This Privacy Policy informs you about the nature, scope, and purpose of the processing of personal data (hereinafter briefly referred to as “data”) within our online offering and the associated websites, functions, and content, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as “online offering”). With regard to the terminology used, such as “processing” or “controller,” we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Martec Handels AG
Samstagernstrasse 45
CH-8832 Wollerau
Phone: +41 44 783 95 30
info@martec.swiss
Visitors and users of the online offering (hereinafter, we collectively refer to the data subjects as “users”).
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “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 (e.g., cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations which is performed on personal data, whether or not by automated means. The term is broad and covers virtually any handling of data.
“Pseudonymisation” means 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.
“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.
“Controller” means 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.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
In accordance with Art. 13 GDPR, we hereby inform you of the legal basis for our data processing.Nach Massgabe des Art. 13 DSGVO teilen wir Ihnen die Rechtsgrundlagen unserer Datenverarbeitungen mit. If the legal basis is not specified in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the fulfillment of our services and the implementation of contractual measures as well as responding to inquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing to safeguard our legitimate interests is Art. 6 para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR as the legal basis.
In accordance with Art. 32 GDPR, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the varying likelihood and severity for the rights and freedoms of natural persons, we implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
These measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as access, input, disclosure, ensuring availability, and separation thereof. Furthermore, we have established procedures that ensure the exercise of data subject rights, the deletion of data, and responses to data breaches. We also consider the protection of personal data during the development and selection of hardware, software, and procedures, in accordance with the principle of data protection by design and by default (Art. 25 GDPR).
If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them, or otherwise grant them access to the data, this is done only on the basis of a legal permission (e.g., if the transmission of data to third parties, such as payment service providers, is necessary for the performance of a contract according to Art. 6 para. 1 lit. b GDPR). You have consented, a legal obligation provides for it, or on the basis of our legitimate interests (e.g., when using agents, web hosts, etc.).
If we commission third parties with the processing of data on the basis of a so-called “data processing agreement”, this is done on the basis of Art. 28 GDPR.
If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of using third-party services or disclosing/transferring data to third parties, this is done only if it is necessary for the fulfillment of our (pre-)contractual obligations, based on your consent, due to a legal obligation, or based on our legitimate interests. Subject to legal or contractual permissions, we process or have data processed in a third country only if the special conditions of Art. 44 et seq. GDPR are met. This means that processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g., for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “Standard Contractual Clauses”).
You have the right to request confirmation as to whether data concerning you is being processed, and to access this data, as well as to receive further information and a copy of the data in accordance with Art. 15 GDPR.
In accordance with Art. 16 GDPR, you have the right to request the completion of incomplete data concerning you or the rectification of inaccurate data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that relevant data be deleted without undue delay, or alternatively, in accordance with Art. 18 GDPR, to request a restriction of the processing of the data.
You have the right to receive the data concerning you, which you have provided to us, in accordance with Art. 20 GDPR, and to request its transmission to other controllers.
Furthermore, in accordance with Art. 77 GDPR, you have the right to lodge a complaint with the competent supervisory authority.
You have the right to withdraw consents granted in accordance with Art. 7 para. 3 GDPR with effect for the future.
You can object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. The objection can be made in particular against processing for direct marketing purposes.
“Cookies” are small files that are stored on users’ computers. Different information can be stored within cookies. A cookie primarily serves to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offering and closes their browser. Such a cookie can, for example, store the content of a shopping cart in an online shop or a login status. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent” cookies. For example, the login status can be stored if users visit it after several days. Likewise, user interests that are used for audience measurement or marketing purposes can be stored in such a cookie. “Third-party cookies” are cookies offered by providers other than the controller operating the online offering (otherwise, if they are only its own cookies, they are called “first-party cookies”).
We may use temporary and permanent cookies and provide information about this in our privacy policy.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in their browser’s system settings. Stored cookies can be deleted in the browser’s system settings. The exclusion of cookies may lead to functional restrictions of this online offering.
A general objection to the use of cookies for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, cookies can be stored by disabling them in your browser settings. Please note that in this case, you may not be able to use all the functions of this online service.
The data processed by us will be deleted or their processing restricted in accordance with Art. 17 and 18 GDPR. Unless expressly stated otherwise in this privacy policy, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and no legal retention obligations prevent their deletion. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
According to legal requirements in Germany, data retention occurs in particular for 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 No. 1 and 4, para. 4 HGB (books, records, management reports, booking vouchers, commercial ledgers, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 No. 2 and 3, para. 4 HGB (commercial letters).
According to legal requirements in Austria, data retention occurs in particular for 7 years in accordance with § 132 para. 1 BAO (accounting documents, receipts/invoices, accounts, vouchers, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate, and for 10 years for documents related to electronically supplied services, telecommunications, broadcasting and television services provided to non-taxable persons in EU member states for which the Mini One Stop Shop (MOSS) is used.
We process our customers’ data within the scope of order processes in our online shop to enable them to select and order the chosen products and services, as well as their payment and delivery or execution.
The processed data includes master data, communication data, contract data, payment data, and the data subjects affected by the processing include our customers, prospective customers, and other business partners. The processing is carried out for the purpose of providing contractual services within the operation of an online shop, billing, delivery, and customer services. In this context, we use session cookies for storing shopping cart content and permanent cookies for storing login status.
Processing is carried out on the basis of Art. 6 para. 1 lit. b (performance of order processes) and c (legally required archiving) GDPR. The information marked as required is necessary for the establishment and fulfillment of the contract. We only disclose data to third parties in the context of delivery, payment, or within the scope of legal permissions and obligations towards legal advisors and authorities. Data will only be processed in third countries if this is necessary for the performance of the contract (e.g., at the customer’s request for delivery or payment).
Users can optionally create a user account, where they can view their orders, among other things. During registration, the necessary mandatory information is communicated to the users. User accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data related to the user account will be deleted, provided that their retention is necessary for commercial or tax law reasons in accordance with Art. 6 para. 1 lit. c GDPR. Information in the customer account remains until its deletion, followed by archiving in the event of a legal obligation. It is up to the users to secure their data upon termination before the end of the contract.
During registration and subsequent logins, as well as when using our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the users’ interest in protection against misuse and other unauthorized use. As a rule, this data is not passed on to third parties, unless it is necessary for the assertion of our claims or there is a legal obligation to do so in accordance with Art. 6 para. 1 lit. c GDPR.
Deletion occurs after the expiry of legal warranty and comparable obligations; the necessity of data retention is reviewed every three years. In the case of legal archiving obligations, deletion occurs after the end of the retention period (6 years for commercial law and 10 years for tax law).
We process data in the context of administrative tasks and the organization of our business, financial accounting, and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the context of providing our contractual services. The basis for processing is Art. 6 para. 1 lit. c. GDPR, Art. 6 para.c. DSGVO, Art. 6 Abs. 1 lit. f. DSGVO. Customers, interested parties, business partners, and website visitors are affected by the processing. The purpose and our interest in processing lies in administration, financial accounting, office organization, and data archiving, i.e., tasks that serve to maintain our business activities, perform our duties, and provide our services. The deletion of data relating to contractual services and contractual communication corresponds to the information specified for these processing activities.
In this context, we disclose or transmit data to the tax authorities, consultants, such as tax advisors or auditors, as well as other fee collection agencies and payment service providers.
Furthermore, based on our business interests, we store information about suppliers, event organizers, and other business partners, e.g., for the purpose of later contact. We generally store this predominantly company-related data permanently.
To operate our business economically and to identify market trends, the wishes of contractual partners and users, we analyze the data available to us regarding business processes, contracts, inquiries, etc. We process inventory data, communication data, contract data, payment data, usage data, and metadata on the basis of Art. 6 para. 1 lit. f. GDPR, whereby the data subjects include contractual partners, interested parties, customers, visitors, and users of our online offering.
The analyses are carried out for the purpose of business evaluations, marketing, and market research. In doing so, we may consider the profiles of registered users with information, e.g., about the services they have used. The analyses serve to increase user-friendliness, optimize our offering, and improve business efficiency. The analyses are solely for our use and are not disclosed externally, unless they are anonymous analyses with aggregated values.
If these analyses or profiles are personal, they will be deleted or anonymized upon termination by the user, otherwise after two years from the conclusion of the contract. In all other cases, overall business analyses and general trend determinations are created anonymously where possible.
Users can create a user account. During registration, the required mandatory information is communicated to users and processed on the basis of Art. 6 para. 1 lit. b GDPR for the purpose of providing the user account. The processed data includes, in particular, login information (name, password, and an email address). The data entered during registration will be used for the purposes of using the user account and its intended purpose.
Users can be informed by email about information relevant to their user account, such as technical changes. If users have terminated their user account, their data related to the user account will be deleted, subject to any statutory retention obligations. It is the users’ responsibility to secure their data upon termination before the end of the contract. We are entitled to irrevocably delete all user data stored during the contract period.
When using our registration and login functions, as well as the user account, we store the IP address and the time of the respective user action. This storage is based on our legitimate interests, as well as the users’ interest in protection against misuse and other unauthorized use. These data are generally not passed on to third parties, unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 para. 1 lit. c. GDPR. IP addresses are anonymized or deleted after 7 days at the latest.
When contacting us (e.g., via contact form, email, telephone, or social media), the user’s details are processed for handling the contact request and its processing in accordance with Art. 6 para. 1 lit. b. (in the context of contractual/pre-contractual relationships), Art. 6 para. 1 lit. f. (other inquiries) GDPR. User details may be stored in a Customer Relationship Management system (“CRM System”) or similar inquiry organization.
We delete inquiries if they are no longer required. We review the necessity every two years; furthermore, statutory archiving obligations apply.
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email dispatch, security services, and technical maintenance services, which we use for the purpose of operating this online offering.
In this context, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta- and communication data of customers, interested parties, and visitors to this online offering based on our legitimate interests in providing this online offering efficiently and securely in accordance with Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).
Based on our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering within the meaning of Art. 6 para. 1 lit. f. GDPR), we use Google Analytics, a web analytics service provided by Google LLC (“Google”). Google uses cookies. The information generated by the cookie about the use of the online offering by users is usually transmitted to a Google server in the USA and stored there.
Google is certified under the Privacy Shield Agreement, thereby offering a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our online offering by users, to compile reports on activities within this online offering, and to provide us with further services related to the use of this online offering and internet usage. Pseudonymous user profiles can be created from the processed data.
We only use Google Analytics with IP anonymization activated. This means that the IP address of users is truncated by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there.
The IP address transmitted by the user’s browser will not be merged with other Google data. Users can prevent the storage of cookies by adjusting their browser software settings; users can also prevent Google from collecting the data generated by the cookie and related to their use of the online offering, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
Further information on data usage by Google, settings, and objection options can be found in Google’s privacy policy (https://policies.google.com/technologies/ads) and in the settings for displaying advertisements by Google (https://adssettings.google.com/authenticated).
User personal data will be deleted or anonymized after 14 months.
In this context, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta- and communication data of customers, interested parties, and visitors to this online offering based on our legitimate interests in providing this online offering efficiently and securely in accordance with Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).
We use Google Analytics in its “Universal Analytics” form. “Universal Analytics” refers to a Google Analytics process in which user analysis is based on a pseudonymous user ID, thereby creating a pseudonymous profile of the user with information from the use of various devices (known as “cross-device tracking”).
We integrate the fonts (“Google Fonts”) from the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
Created with Datenschutz-Generator.de by Attorney Dr. Thomas Schwenke
