privacy

Privacy Policy

This privacy policy clarifies the nature, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the related websites, features and content, as well as external online presence, e.g. our Social Media Profile (collectively referred to as the “Online Offering”). With regard to the terminology used, e.g. “processing” or “controller”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

Controller

Horvath 4×4, Owner Christine Rosina Horvath
Hauptstrasse 200
7212 Forchtenstein, Austria
info-d@horvath4x4.com
+43 680 207 29 60
Imprint: https://horvath4x4.de/impressum-legal-notice/?lang=en

Types of processed data:

– Inventory data (e.g., names, addresses).
– contact details (e.g., email, phone numbers).
– content data (e.g., text input, photographs, videos).
– usage data (e.g., websites visited, interest in content, access times).
– Meta / communication data (e.g., device information, IP addresses).

Categories of affected people

Visitors and users of the online offer (in the following, we also refer to the affected persons as “users”).

Purpose of processing

– Providing the online offer, its features and content.
– Answering contact requests and communicating with users.
– Safety measures.
– Measuring reach / Marketing

Terms used

‘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.

‘Processing’ means 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.

‘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.

Relevant legal basis

In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing. Unless the legal basis in the data protection declaration is mentioned, the following applies: The legal basis for obtaining consent is Article 6 (1) lit. a and Art. 7 GDPR, the legal basis for the processing for the performance of our services and the execution of contractual measures as well as the response to inquiries is Art. 6 (1) lit. b GDPR, the legal basis for processing in order to fulfill our legal obligations is Art. 6 (1) lit. c GDPR, and the legal basis for processing in order to safeguard our legitimate interests is Article 6 (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 legal basis.

Security Measures

In accordance with Art. 32 GDPR, we take into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different likelihood and severity of the risk to the rights and freedoms of individuals, appropriate technical and organizational measures to ensure a level of protection commensurate with the risk.

Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as their access, input, disclosure, availability and separation. We have also set up procedures to ensure the enjoyment of data subject rights, data deletion and data vulnerability. Furthermore, we consider the protection of personal data already in the development or selection of hardware, software and procedures, according to the principle of data protection through technology design and privacy-friendly default settings (Article 25 GDPR).

Collaboration with third party processors

If, in the course of our processing, we disclose data to other persons and companies (third party processors), transmit them to them or otherwise grant access to the data, this will only be done on the basis of a legal permission (eg if the data is transmitted to third parties, as to payment service providers, in accordance with Article 6 (1) (b) GDPR is required to fulfill the contract), you have consented to a legal obligation or on the basis of our legitimate interests (eg the use of agents, webhosters, etc .).

Insofar as we commission third parties to process data on the basis of a so-called “processing contract”, this is done on the basis of Art. 28 GDPR.

Transfers to third countries

If we process data in a third country (ie outside the European Union (EU) or the European Economic Area (EEA)) or in the context of the use of third party services or disclosure, or transmission of data to third parties, this is done only if it is to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only in the presence of the special conditions of Art. 44 et seq. GDPR. That means the processing is e.g. based on specific guarantees, such as the officially recognized level of data protection (for example, the US Privacy Shield) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

Rights of the data subject

You have the right to ask for confirmation as to whether the data in question is being processed and for information about this data as well as for further information and a copy of the data in accordance with Art. 15 GDPR.

You have according to Art. 16 GDPR the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you.

In accordance with Art. 17 GDPR, you have the right to demand that the relevant data be deleted without delay, or alternatively to demand a restriction of the processing of data in accordance with Art. 18 GDPR.

You have the right to demand that the data relating to you, which you have provided to us, be obtained in accordance with Art. 20 GDPR and request their transmission to other controllers.

You have according to Art. 77 GDPR the right to file a complaint with the competent supervisory authority.

Right of Withdrawal

You have the right to revoke granted consent in accordance with Article 7 (3) GDPR with effect for the future.

Right of objection

You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection may in particular be made against processing for direct marketing purposes.

Cookies and right to object direct marketing

“Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store the information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online service and closes his browser. In such a cookie, e.g. the contents of a shopping cart in an online shop or a login status are saved. The term “permanent” or “persistent” refers to cookies that remain stored even after the browser has been closed. Thus, e.g. the login status will be saved if users visit it after several days. Likewise, in such a cookie the interests of the users can be stored, which are used for range measurement or marketing purposes. A “third-party cookie” refers to cookies offered by providers other than the person responsible for the online offer (otherwise, if only its cookies are called “first-party cookies”)

We can use temporary and permanent cookies and clarify this in the context of our privacy policy.

If users do not want cookies stored on their computer, they will be asked to disable the option in their browser’s system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes in many services, especially in the case of tracking, can be found on the US page http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by switching them off in the settings of the browser. Please note that it may not be possible to use all features of this online offer.

Deletion of data

The data processed by us will be deleted or restricted in accordance with Art. 17 and 18 GDPR. Unless explicitly stated in this privacy policy, the data stored by us are deleted as soon as they are no longer required for their purpose and the deletion does not conflict with any statutory storage requirements. Unless the data is deleted because it is required for other and legitimate purposes, its processing will be restricted. That means the data is blocked and not processed for other purposes. This applies for example for data that needs to be kept for commercial or tax reasons.

According to legal requirements in Germany, the storage takes place in particular for 10 years according to §§ 147 Abs. 1 AO, 257 Abs. 1 Nr. 1 and 4, Abs. 4 HGB (books, records, management reports, accounting documents, trading books, relevant for taxation Documents, etc.) and 6 years in accordance with § 257 (1) no. 2 and 3, para. 4 HGB (commercial letters).

According to legal requirements in Austria, the storage takes place especially for 7 years according to § 132 Abs. 1 BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years in the case of documents related to electronically supplied services, telecommunications, broadcasting and television services provided to non-EU companies in EU Member States for which the Mini-One-Stop-Shop (MOSS) is used.

Business-Related Processing

Additionally we process
– Contract data (e.g., subject, term, customer category).
– Payment data (e.g., bank details, payment history)
from our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

Order processing in the online shop and customer account

We process the data of our customers as part of the ordering process in our online shop, to enable them the selection and ordering of the selected products and services, as well as their payment and delivery or execution.

The processed data include inventory data, communication data, contract data, payment data and persons affected by the processing include our customers, prospects and other business partners. Processing is for the purpose of providing contractual services in the context of the operation of an online shop, billing, delivery and customer service. Here we use session cookies for the storage of the shopping cart contents and permanent cookies for the storage of the login status.

Processing is based on Art. 6 Abs. 1 lit. b (execution of order transactions) and c (legally required archiving) GDPR. The required information for the establishment and fulfillment of the contract is required. We disclose the data to third parties only in the context of extradition, payment or in the context of legal permissions and obligations to legal advisors and authorities. The data will only be processed in third countries if it is necessary for the fulfillment of the contract (for example on customer wish on delivery or payment)

Users can optionally create a user account, in which they are in particular able to view their orders. As part of the registration, the necessary mandatory information will be communicated to the users. The user accounts are not public and can not be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention is for commercial or tax law reasons according to Art. 6 Abs. 1 lit. c GDPR necessary. Information in the customer account remains until its deletion with subsequent archiving in case of a legal obligation. It is up to the users to back up their data on termination before the end of the contract.

As part of the registration and login as well as use of 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 user’s protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is necessary for the prosecution of our claims or there is a legal obligation in accordance with. Art. 6 Abs. 1 lit. c GDPR.

The deletion takes place after expiry of legal warranty and comparable obligations, the necessity of keeping the data is checked every three years; in the case of legal archiving obligations, the deletion takes place after its expiry (end of commercial law (6 years) and tax law (10 years) retention obligation).

Administration, Financial Accounting, Office Organization, Contact Management

We process data in the context of administrative tasks as well as 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 course of providing our contractual services. The processing principles are Art. 6 Abs. 1 lit. c. GDPR, Art. 6 Abs. 1 lit. f. GDPR. The processing affects customers, prospects, business partners and website visitors. The purpose and interest in processing lies in administration, financial accounting, office organization, data archiving, that is, tasks that serve to maintain our business, perform our duties and provide our services. The deletion of the data in terms of contractual performance and contractual communication is in line with the information provided in these processing activities.

We disclose or transfer data to financial management, advisors, such as accountants or auditors, and other fee agents and payment service providers.

Furthermore, based on our business interests, we store information about suppliers, promoters and other business partners, e.g. for later contact. In principle, we store this majority of company-related data permanently.

Business analysis and market research

In order to operate our business economically, to be able to recognize market trends, wishes of the contracting parties and users, we analyze the data we have on business transactions, contracts, inquiries, etc. In doing so we process inventory data, communication data, contract data, payment data, usage data, metadata based on Art. 6 Abs. 1 lit. f. GDPR, whereby the data subjects include contractual partners, interested parties, customers, visitors and users of our online offer.

The analysis are carried out for the purpose of business analysis, marketing and market research. In doing so, we can provide the profiles of registered users with information, e.g. take into account the services they made us of. The analyzes serve us to increase the user-friendliness, the optimization of our offer and the business economics. The analysis are for us alone and will not be disclosed externally unless they are anonymous, aggregated value analysis.

If these analysis or profiles are personal, they will be deleted or anonymised upon termination of the users, otherwise after two years from the conclusion of the contract. Incidentally, the overall business analysis and general trend provisions are created anonymously if possible.

Contact

When contacting us (for example, by contact form, e-mail, telephone or via social media), the information provided by the user for processing the contact request is processed according to. Art. 6 para. 1 lit. b) GDPR. User information can be stored in a Customer Relationship Management System (“CRM System”) or similar request organization.

We delete the requests if they are no longer required. We check the necessity every two years; Furthermore, the legal archiving obligations apply.

Hosting and Emailing

The hosting services we use are designed to provide the following services: infrastructure and platform services, computing capacity, storage and database services, e-mail delivery, security services, and technical maintenance services we use for the purpose of operating this online offer.

In doing so, 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 offer on the basis of our legitimate interests in an efficient and secure provision of this online offer acc. Art. 6 Abs. 1 lit. f GDPR in connection with Art. 28 GDPR (conclusion of contract processing contract).

Collection of Access Data and Logfiles

We, or our hosting provider, collects on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR, data on every access to the server on which this service is located (so-called server log files). The access data includes name of the retrieved web page, file, date and time of retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.

Logfile information is stored for security purposes (for example, to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted. Data whose further retention is required for evidential purposes is excluded from the deletion until final clarification of the respective incident.

Google Analytics

We rely on basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. GDPR) on 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 offer by the users is usually transmitted to a Google server in the USA and stored there.

Google is certified under the Privacy Shield Agreement, which provides 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 offer by users, to compile reports on the activities within this online offer and to provide us with further services related to the use of this online offer. In doing so, pseudonymous usage profiles of the users can be created from the processed data.

We only use Google Analytics with activated IP anonymization. This means that the IP address of the users will be shortened 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 sent to a Google server in the USA and shortened there.

The IP address submitted by the user’s browser will not be merged with other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; Users may also prevent the collection of the data generated by the cookie and related to their use of the online offer as well as the processing of this data by Google, by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

For more information about Google’s data usage, settings and objection options, please read Google’s Privacy Policy (https://policies.google.com/technologies/ads), as well as Google Ads Settings (https://adssettings.google.com/authenticated).

The personal data of users will be deleted or anonymised after 14 months.

Google AdWords and conversion measurement

We use the services of Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, (“Google”) on the basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. GDPR).

Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

We use Google’s online AdWords marketing tool “AdWords” to place ads on the Google advertising network (e.g. in search results, in videos, on websites, etc.) so that they are displayed to users who have a suspected interest in the ads. This allows us to more specifically display ads for and within our online offering so that we only present ads to users that potentially match their interests. If a user is for example shown ads for products he’s been looking for on other online offers it is called “remarketing”. For these purposes, upon access to our and other websites on the Google Advertising Network, Google will immediately execute a code and so-called (re)marketing tags (invisible graphics or code, also known as “web beacons”) will be incorporated into the website. With their help, the user is provided with an individual cookie, i.e. a small file is saved (instead of cookies, comparable technologies can also be used). In this file is noted which websites the user visited, in what content he is interested and what offers the user has clicked, as well as technical information about the browser and operating system, referring websites, visit time and other information on the use of the online offer.

Furthermore, we receive an individual “conversion cookie”. The information obtained through the cookie is used by Google to generate conversion statistics for us. However, we only hear the anonymous total number of users who clicked on our ad and were redirected to a page containing a conversion tracking tag. However, we do not receive information that personally identifies users.

The data of the users are pseudonymously processed within the Google advertising network. That means Google stores and processes e.g. not the name or e-mail address of the users, but processes the relevant data cookie-related within pseudonymous user profiles. That means from the perspective of Google, the ads are not managed and displayed to a specifically identified person, but to the cookie owner, regardless of who that cookie owner is. This does not apply if a user has explicitly allowed Google to process the data without this pseudonymization. The information collected about users is transmitted to Google and stored on Google’s servers in the United States.

For more information about Google’s data usage, settings and objection options, please read Google’s Privacy Policy (https://policies.google.com/technologies/ads), as well as Google Ads Settings (https://adssettings.google.com/authenticated).

Bing Ads

Within our online offer, we rely on the Microsoft Corporation’s Bing Ads conversion and tracking tool, One Microsoft Way, Redmond, WA 98052-6399, USA based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer as defined in Art. 6 (1) f) GDPR). Microsoft stores cookies on the users’ devices in order to allow users to analyze the use of our online offer as long as users have accessed our online offer via a Microsoft Bing ad (so-called “conversion measurement”). We and Microsoft can thus recognize that someone clicked on an ad, was redirected to our online offer, and reached a previously determined landing page (called the “conversion page”). We only hear the total number of users who clicked on a Bing ad and were then redirected to the conversion page. No IP addresses are stored. No personal information on the identity of the users will be communicated.

Microsoft is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000KzNaAAK&status=Active).

If users do not want to participate in the Bing Ads tracking process, you can also disable the required setting of a cookie by browser setting or use the Microsoft opt-out page: http://choice.microsoft.com/de-DE/opt-out.

For more information about privacy and cookies on Microsoft Bing Ads, please refer to the Microsoft Privacy Policy: https://privacy.microsoft.com/de-de/privacystatement.

Online social media presence

We maintain an online presence within social networks and platforms in order to communicate with customers, prospects and users active there and to inform them about our services. When calling the respective networks and platforms, the terms and conditions and the data processing guidelines apply to their respective operators.

Unless otherwise stated in our Privacy Policy, we process users’ data as long as they communicate with us within social networks and platforms, e.g. write posts on our online presence or send us messages.

Integration of third-party services and content

Within our online offer we rely, based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer as defined in Art. 6 (1) f GDPR) on content or service offers from third party providers to include their content and services, such as videos or fonts (collectively referred to as “content”).

This always presupposes that the third-party providers of this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, visit time, and other information regarding the use of our online offer.

Google ReCaptcha

We include the function to detect bots, e.g. when entering data into online forms (“ReCaptcha”) by the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, opt-out : https://adssettings.google.com/authenticated.

Originally created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke and modified.