1. Person responsible
Prokop Sponner & Partner GmbH
Promenade 9
4020 Linz
FN 554760z
Linz Commercial Court
Managing Directors: Bernhard Prokop, Bruno Sponner
E-mail: office@prokop-sponner.at
The protection of your data is particularly important to us. You can contact us at any time using the contact details above if you have any questions, requests or withdraw your consent. In this document, you can find out more about how we use and process your personal data. We process your data exclusively on the basis of the statutory provisions (GDPR, DSG, TKG 2021).
2. Personal data
Personal data is all data that contains individual details about personal or factual circumstances, for example name, address, email address, telephone number, date of birth, age, gender, photos, contract data. Sensitive data such as health data may also be included.
Data collection and processing depends on whether you visit our website, contact us, subscribe to our newsletter, are our customer or our business partner or supplier. We only collect personal data that is necessary for the performance and processing of our services or that you have voluntarily provided to us. If you as a customer do not wish to provide us with any data, we cannot enter into a contractual relationship with you.
Information in accordance with Art 14 GDPR (collection of personal data not from the data subject): Furthermore, we inform you that we also process information from third parties (e.g. company register, GISA, Ediktsdatei, ZMR, credit agencies) on a case-by-case basis. This concerns contact information, functions and responsibilities in companies, creditworthiness. This processing is based on our legitimate interest in a complete and up-to-date master data set on your person required for the business relationship.
3. Processing of data / legal basis and purposes
We only collect, process and use your personal data if there is a legal basis in accordance with the GDPR; this is done in compliance with data protection and civil law provisions. The legal bases here are generally:
Contract (Art. 6 para. 1 lit. b GDPR): For the fulfilment of a contract or pre-contractual obligations Consent (Art. 6 para. 1 lit. a GDPR): Enquiries by e-mail or registration for the newsletter. Legal obligation (Art. 6 para. 1 lit. c GDPR: e.g. obligations under the BAO Safeguarding legitimate interests (Art. 6 para. 1 lit. f GDPR): e.g. ensuring the operation and security of the website; interest in an up-to-date/complete master data set (see point 2.); direct advertising (see point 4.).
Other legal bases such as the performance of tasks in the public interest, the exercise of official authority and the protection of vital interests do not generally apply. If another legal basis is relevant, this will be indicated at the appropriate point.
4 Consent and right of withdrawal
If your consent is required for the processing of your data, we will only process it after you have given your express consent. You can withdraw your consent at any time by sending an email to the following address: office@prokop-sponner.at. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal. You also have the right to object at any time to the processing of your personal data for the purposes of direct advertising (newsletters, emails, mail to customers to inform them about our range of services). If you object to processing for direct marketing purposes, the personal data will no longer be processed for these purposes. Please send your objection to office@prokop-sponner.at. The processing of your personal data for the purpose of direct advertising is not necessary for the fulfilment of a contractual relationship.
5. Transmission of data to third parties
In order to process your enquiry or fulfil your order it may also be necessary to forward your data to third parties (e.g. cooperation partners, lawyers, tax consultants, insurance companies, authorities, IT support, service providers/processors). Your data will be forwarded exclusively on the basis of GDPR, in particular for the fulfilment of the contract or pre-contractual measures or on the basis of your prior consent.
Some of the recipients of your personal data mentioned above may be located outside your country or process your personal data there. The level of data protection in other countries may not be the same as in Austria. We only transfer your personal data within the EU, to countries for which the EU Commission has decided that they have an adequate level of data protection, or we take measures to ensure that all recipients have an adequate level of data protection. To this end, we conclude standard contractual clauses, for example. If there are no suitable guarantees, transfers are only made if this is necessary for the assertion, exercise or defence of legal claims (Art 49 para. 1 lit e GDPR) or for the fulfilment of a contract (Art 49 para. 1 lit b or c GDPR).
6. Cookies
This website uses “cookies” to make our website more user-friendly, effective and secure. Session cookies are temporary cookies that remain in your browser’s cookie file until you leave our website and are automatically deleted at the end of your visit. Persistent cookies remain stored on your end device and allow us to recognise your browser the next time you visit our website. We have a legitimate interest in strictly necessary cookies to ensure the functionality of the website (Article 6(1)(f) GDPR). Cookies that are not absolutely necessary are set exclusively on the basis of your active consent (Article 6(1)(a) GDPR), which is obtained with the cookie pop-up (see point 9.). We do not use advertising cookies.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be restricted.
7. Server log files
In order to optimise this website in terms of system performance, user-friendliness and the provision of useful information about our services, the website provider automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. This includes your internet protocol address (IP address), browser and language setting, operating system, referrer URL, your internet service provider and date/time. This data is not merged with personal data sources. We reserve the right to check this data retrospectively if we become aware of specific indications of unlawful use.
8. Links
Any links to external websites are provided as a service. These websites are independent and beyond our control, which is why we accept no responsibility for the content of external websites.
9.Google Analytics
This website uses Google Analytics, a web analytics service provided by Google LLC (“Google”), 1600 Amphitheatre Parkway Mountain View, CA 94043, USA.
Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of this website (such as browser type/version, operating system used, referrer URL, IP address, time of server request) is usually transmitted to a Google server in the USA and stored there. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
On behalf of the operator of this website, Google will use this information to analyse your use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage to the website operator.
The use of web analytics requires your consent, which we obtain with our cookie pop-up. This consent constitutes the legal basis for the processing of personal data, as may occur when it is collected by web analytics tools, in accordance with Art. 6 (1) (a) GDPR (consent). If you do not accept the Google Analytics cookies, the transmission will not take place. We would like to point out that rejection is preset in the cookie settings. However, by clicking on “Accept all”, you also consent to Analytics cookies.
The data sent by us and linked to cookies is automatically deleted after a maximum of 14 months. Data that has reached the end of its retention period is automatically deleted once a month.
The basis for the transfer to the USA is an adequacy decision for the EU-US Data Privacy Framework (DPF). Google LLC is DPF-certified and registered in the Data Privacy Framework List. We have concluded a data processing agreement (data processing addendum) with Google LLC. You can find more information on Google’s terms of use and data protection here or here.
10. Newsletter
You can register for our newsletter on our website. The double opt-in procedure is used for this. After registering, you will receive an e-mail asking you to confirm your registration. You can unsubscribe from the newsletter at any time by clicking on the unsubscribe link at the end of a newsletter. Withdrawal of consent can also be sent by post or by email to the contact details listed under 1. We commission processors to send our newsletter. These processors have undertaken to comply with the applicable data protection regulations. An order processing contract has been concluded in accordance with Art. 28 GDPR.Data processing is carried out on the basis of the statutory provisions of Section 165 (3) TKG 2021 and Art 6 (1) (a) (consent) GDPR.
11. Storage of the data / storage period
We will not store data for longer than is necessary to fulfil our contractual or legal obligations (in particular BAO) and to defend against any liability claims (limitation periods of up to 30 years). As a newsletter recipient, your data will be stored until you unsubscribe from the newsletter or revoke your consent to receive it. Data of applicants who are not hired will be deleted after 7 months from rejection (§§ 15 para. 1, 26 para. 1 GlBG plus delivery times) if no consent has been given to keep records.
12. Your rights
As a data subject, you have the right to information about your stored personal data at any time, as well as the right to rectification, data portability, objection, restriction of processing and erasure (unless there is a retention obligation). If there are any changes to your personal data, please inform us accordingly. You have the right to withdraw your consent to the use of your personal data at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Your requests for access, erasure, rectification, objection and/or data portability, in the latter case provided that this does not involve disproportionate effort, may be sent to the address of the controller indicated in point 1 of this statement by post or by email to office@prokop-sponner.at. If you are of the opinion that the processing of your personal data by us violates the applicable data protection law or your data protection claims have been violated in any other way, you have the option of complaining to the competent supervisory authority. In Austria, the competent authority for this is the Data Protection Authority (Barichgasse 40-42, 1030 Vienna, e-mail: dsb@dsb.gv.at).