Data protection has a very high priority for us. Using our website is possible without providing any personal data. However, if someone wishes to make use of our company’s special services via our website, personal data processing may be required. If the processing of personal data is required and there is no legal basis for such processing, we generally seek the consent of the data subject. Personal data such as the name, address, e-mail address or telephone number of a data subject is always processed in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection provisions applicable to x.news information technology gmbh. The present privacy statement describes how x.news information technology gmbh handles information that can be used, directly or indirectly, to identify individuals. Insofar as personal data is collected on our websites, this always takes place on a voluntary basis. This data will not be disclosed to third parties without your explicit consent. As a controller, x.news information technology gmbh has implemented technical and organisational measures to ensure the most complete protection possible for personal data processed via this website. Nevertheless, by definition, security gaps may occur when data is transmitted via the Internet, so absolute protection cannot be guaranteed.
The privacy statement of x.news information technology gmbh is based on the terminology used by the European legislator in its adoption of the General Data Protection Regulation.
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GOOGLE ANALYTICS WEB TRACKING – OPT-OUT LINK
This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called ‘cookies’ – text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.
IP-anonymisation is activated on this website, that means your IP address will be truncated beforehand 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 truncated only once there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and Internet usage to the website operator. Google will not merge the IP address provided by your browser as part of Google Analytics with any other data. You can prevent the storage of cookies by a corresponding setting of your browser software; however, please note that if you do this, you may not be able to use all the features of this website to the fullest extent possible. In addition, you may prevent Google from collecting data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by downloading and installing the available browser plugin using the following link: https://tools.google.com/dlpage/gaoptout?hl=en
COLLECTION OF GENERAL DATA AND INFORMATION
Our website collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the log files of the server. What may be stored are: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the Internet page from which an accessing system accesses our website (so-called referrers), (4) the sub-websites, which are accessed via an accessing system on our website, (5) the date and time of website access, (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 emergency response in the event of attacks on our information technology systems. In using this general data and information, x.news information technology gmbh does not draw any conclusions about the data subject. Instead, this information is required to (1) correctly deliver the contents of our website, (2) to optimise the content of our website and the way it is advertised, (3) to ensure the continued functioning of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyberattack. This anonymously collected data and information is therefore evaluated by x.news information technology gmbh for statistical purposes and for further purposes of increasing data protection and data security in our company in order to ultimately ensure the best possible level of protection for the personal data we process. The anonymous data of the server log files is stored separately from all personal data provided by a data subject.
CONTACT VIA THE WEBSITE
Due to legal regulations, our website contains information that enables quick electronic contact with our company as well as direct communication with us. If a data subject contacts the data controller through a contact form, the personal data provided by the data subject will be automatically stored. Such personal data, voluntarily transmitted by a data subject to the controller, is stored for the purpose of processing or contacting the data subject. This personal data is not disclosed to any third parties.
ROUTINE DELETION AND BLOCKING OF PERSONAL DATA
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of the storage or, as the case may be, as provided for by the European directive or regulation authority or by any other legislator in laws or regulations which the controller is bound by. If the storage purpose ceases to exist or if a storage period, as prescribed by the European directive and regulation authority or any other relevant legislator, expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
RIGHTS OF THE DATA SUBJECT
A) RIGHT OF CONFIRMATION
Each data subject shall have the right, to require the controller to confirm whether their personal data is being processed. If a data subject wishes to exercise this right of confirmation, they can contact an employee of the controller at any time.
B) RIGHT OF ACCESS
Each data subject shall have the right, at any time, to obtain from the data controller free information regarding the personal data stored about them by the controller and to receive a copy of such information. Furthermore, the European legislator grants the data subject access to the following information: the purposes of the processing; the categories of personal data concerned; the recipients or categories of recipient to whom the personal data has 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 the envisaged consequences of such processing for the data subject. In addition, the data subject has a right of access to information as to whether personal data has been transmitted 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 exercise this right of access, they can contact an employee of the controller at any time.
C) RIGHT TO RECTIFICATION
Each data subject shall have the right, to demand the immediate correction of inaccurate personal data concerning them. Furthermore, taking into account the purposes of the processing, the data subject shall have the right to request that incomplete personal data be completed, including by means of providing a supplementary declaration. If an affected person wishes to exercise this right to rectification, they can contact an employee of the controller at any time.
D) RIGHT TO ERASURE (RIGHT TO BE FORGOTTEN)
Each data subject shall have the right, to require the controller to immediately erase the personal data concerning them, provided that one of the following reasons is satisfied and the processing is not required: The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed. 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 has been processed unlawfully. The personal data has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject. The personal data has been collected in relation to the offer of information society services referred to in Article 8 (1) of the GDPR. If one of the above-mentioned reasons applies and a data subject wishes to request the erasure of personal data stored by x.news information technology gmbh, they can contact an employee of the controller at any time. The employee of x.news information technology gmbh shall promptly ensure that the erasure request is complied with immediately. If the personal data has been made public by x.news information technology gmbh and if our company as the controller is obliged to erase personal data pursuant to Art. 17 (1) GDPR, x.news information technology gmbh will take measures (including those of technical nature) that are deemed appropriate in view of the available technology and the implementation costs, to inform other data controllers who are processing the published personal data that the data subject has requested all other data controllers to erase any links to such personal data or copies or replications of such personal data, as far as processing is not required. The employee of x.news information technology gmbh will arrange the necessary measures in individual cases.
E) RIGHT OF RESTRICTION OF PROCESSING
Each data subject shall have the right, to require the controller to restrict 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 that its use be restricted. • The controller no longer needs the personal data for the purposes of processing but they are required by the data subject for the purposes of asserting, exercising or defending 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 above-mentioned conditions are met and a data subject requests the restriction of personal data stored by x.news information technology gmbh, they can contact an employee of the controller at any time. The employee of x.news information technology gmbh shall arrange for the processing to be restricted.
F) RIGHT TO DATA PORTABILITY
Each data subject shall have the right, to receive the personal data concerning them, which was provided to a controller, in a structured, commonly used and machinereadable format. They shall have the right to transmit this data to another controller without hindrance from the controller to which the personal data has 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 their right to data portability pursuant to Article 20 (1) of the GDPR, the data subject shall have the right to have their personal data transmitted directly from one controller to another, where technically feasible and where it does not adversely affect the rights and freedoms of others. In order to assert the right to data portability, the data subject can contact an employee of x.news information technology gmbh at any time.
G) RIGHT TO OBJECTION
Each data subject shall have the right, to object, on grounds relating to their particular situation, at any time, to the processing of their personal data which is based on point (e) or (f) of Article 6 (1) of the GDPR. This also applies to profiling based on these provisions. x.news information technology gmbh 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 such processing is conducted for the purposes of asserting, exercising or defending legal claims. If x.news information technology gmbh processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the processing of their personal data for such marketing. This applies to profiling since it is related to such direct marketing. If the data subject objects to x.news information technology gmbh processing for direct marketing purposes, x.news information technology gmbh will no longer process the personal data for these purposes. In addition, the data subject shall have the right, on grounds relating to their particular situation, to object to the processing of their personal data concerning by x.news information technology gmbh for scientific or historical research purposes or 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. To exercise the right to object, the data subject can directly contact any employee of x.news information technology gmbh. 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 their right to object by automated means using technical specifications.
H) AUTOMATED DECISIONS IN INDIVIDUAL CASES INCLUDING PROFILING
Each data subject shall have the right, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, as long as the decision (1) is not necessary for entering into, or performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law by which the controller is bound 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 performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, x.news information technology gmbh 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 their point of view and to contest the decision. If the data subject wishes to exercise their rights concerning automated individual decision-making, they can contact an employee of the controller at any time.
I) RIGHT TO REVOKE DATA PROTECTION CONSENT
Each data subject shall have the right to withdraw their consent to the processing of their personal data at any time. If the data subject wishes to exercise their right to withdraw their consent, they can contact an employee of the controller at any time.
If the data subject wants to recieve our newsletter we need the data subjects E-mail adress and some information (first name, last name) to validate that the E-mail adress really belongs to the data subject. The data subject can always unsubscribe from the newsletter without mentioning any reasons. If the data subject unsubscribes from the newsletter and we are not obligated to store the data, we will delete the data after the unsubscribing-process was completed successfully.
LEGAL BASIS FOR PROCESSING
Art. 6 I letter a GDPR serves our company as the legal basis for processing operations where we obtain consent for a particular processing purpose. If the processing of personal data is necessary to fulfil a contract to which the data subject is a party, as is the case, for example, in processing operations necessary for the supply of goods or the provision of any other service or consideration, the processing is based on Art. 6 I letter b GDPR. The same applies to processing operations that are required to carry out pre-contractual measures, such as in cases of inquiries about our products or services. • If our company is subject to a legal obligation which requires the processing of personal data, such as the fulfilment of tax obligations, the processing is based on Art. 6 I letter c GDPR. • In rare cases, the processing of personal data may be required to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our premises were injured and their name, age, health insurance 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 I letter d GDPR. • Finally, processing operations could be based on Art. 6 I letter f GDPR. Processing operations that are not covered by any of the above legal bases are based on this legal basis, if the processing is necessary to safeguard the legitimate interests of our company or a third party, unless the interests, fundamental rights and fundamental freedoms of the data subject prevail. We are allowed to conduct such processing operations because they have been specifically mentioned by the European legislator. In that regard, it considered that a legitimate interest could be assumed if the data subject is a customer of the controller.
DURATION FOR WHICH THE PERSONAL DATA IS STORED
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the deadline, the corresponding data will be routinely erased, if it is no longer required to fulfil or initiate a contract.
EXISTENCE OF AUTOMATED DECISION-MAKING
As a responsible company, we refrain from automatic decision-making or profiling.
NAME AND ADDRESS OF THE CONTROLLER
x.news information technology gmbh
Telefon: +43 (0)3357 42528