Protecting your personal data is of great importance to us. Therefore we process your personal data (shortly: the “data”) exclusively on the basis of the legal provisions. In this Privacy Statement, we would like to provide you with comprehensive information on the processing of your data in our company, as well as the claims and rights you have under data protection law.
Privacy Statement of GARANT TIERNAHRUNG Gesellschaft m.b.H.
Data processing information pursuant to Articles 13 and 14 of the General Data Protection Regulation (GDPR)
1. Who is responsible for data processing, and who is your contact person?
Garant-Tiernahrung Gesellschaft m.b.H.
Raiffeisenstraße 3, 3380 Pöchlarn, Austria
Data protection coordinator: Dipl. Fw. Markus Hinterndorfer
Phone: +43 2757 2281-408
E-mail: datenschutz@garant.co.at
2. What data are processed and from what sources do these data originate?
We process the data we obtain from you during the initiation and in the course of our business relationship. We also process data we have duly received from credit agencies, creditor protection associations, from public sources (e.g. commercial register, register of associations, land register, media) and other companies as well as warehouse cooperatives we have a long-term business relationship with.
The personal data include your master data / contact data, such as:
- if you are a private customer: first name and last name, address, contact details (e-mail address, phone number, fax), date of birth, data from submitted proof of identity (copy of ID card), bank details
- if you are a corporate customer: company, commercial register number, VAT ID no., company number, address, contact details of contact person (e-mail address, phone number, fax), bank details
In addition, we also process the following other personal data:
- Information on the type and content of our business relationship, such as contract data, order data, turnover and document data, customer and supplier history, consultation documents,
- Information on your financial status (for example creditworthiness data),
- Advertising and sales data,
- Documentation data (for example consultation records), image data,
- Information on your electronic communications with us (e.g. IP address, log-in data),
- Other data we received from you in the course of our business relationship (for example in customer meetings),
- Data we generate ourselves from the master data / contact data and other data, for example using customer demand and customer potential analyses.
3. For what purposes and on what legal basis do we process your data?
We process your data in compliance with the provisions of the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act, as amended:
for the performance of contractual obligations or prior to entering into a contract (Art. 6 para. 1 lit. b GDPR):
Your data are processed for the sale and distribution of our goods and services, for procurement and logistics purposes, and for customer management and customer analysis. The data are processed in particular for our initial business contact and performance of the contracts with you.
for compliance with legal obligations (Art. 6 para. 1 lit. c GDPR):
Processing of your data is required for the purpose of complying with various legal obligations, e.g. under the Austrian Commercial Code (UGB) or the Austrian Federal Tax Code (BAO), money-laundering regulations, product-specific provisions, such as the Austrian Regulations on Source Materials or the Chemicals Act.
to protect legitimate interests (Art. 6 para. 1 lit. f GDPR):
For balancing interests, data may be processed beyond the actual performance of the contract to protect the legitimate interests of ourselves or third parties. In any case, data are processed for the protection of legitimate interests in the following case:
- Consultation of and data exchange with credit agencies and creditor protection associations to identify creditworthiness data;
- Advertising or marketing;
- Measures of business management and for the further development of products and services;
- Maintenance of the Garant customer data base to improve the customer service;
- Measures to protect our company against illegal behavior or behavior which is in breach of a contract, e.g. access controls, video surveillance;
- In the course of legal proceedings.
if you have given your consent (Art. 6 para. 1 lit. a GDPR):
If you have given your consent to the processing of your data, we will process such data only in compliance with the specific purposes determined in the declaration of consent and to the extent agreed therein. You may revoke your consent at any time with effect for the future, e.g. with regard to the receipt of our newsletter or data transfer to third parties. This shall not affect the lawful processing of your data before the revocation. For this purpose, please contact us under the e-mail address mentioned in Art 1.
4. Who will receive your data?
4.1. Even if we engage a processor, we remain responsible for the protection of your data. Any processors are contractually bound to treat your data confidential and process your data only for performing their services. The processors we engage receive your data if they require them to perform their respective service. They include IT service providers we require for the operation and safety of our IT system, as well as advertising companies and directory publishers for our own promotional activities.
4.2. For purposes of company-related and individual advertising/customer support, your data will be transferred with your consent to our own affiliated companies, to RWA Raiffeisen Ware Austria Aktiengesellschaft (RWA AG), to other warehouses having a long-term business relationship with RWA AG, and to affiliated companies of RWA AG.
4.3. Your data will be processed in the Lagerhaus customer data base. The Lagerhaus customer data base supports the increase in the data quality of existing customer data (deduplication, marked as moved to a new address/deceased, address correction) and enables enrichment with data from public sources. These data will be made available to the RWA affiliated companies as well as warehouses participating in the Lagerhaus customer data base (participating companies), and may be used for personalized direct marketing actions (e.g. newsletters), for targeted online marketing and personalized online shop design.
The Lagerhaus customer data base serves to enable participating companies which provide support to the same customers to use information on these customers across organizations. This approach has the objective of always providing the customers with the most current and relevant information. Such processing of customer interests represents profiling within the meaning of Art. 4 GDPR; there is no automated decision-making. Customer data are stored separately at company level and, with RWA AG acting as a service provider for the individual participating companies.
4.4. If an offer is made or a sale is performed via vendor portals, the data you have disclosed are processed directly in the vendor’s portal.
4.5. For the purpose of creditor protection, we disclose master data and information on your financial status to credit insurances (currently Acredia Versicherung AG), credit protection associations (currently KSV 1870 Information GmbH) and credit inquiry agencies (currently CRIF GmbH).
4.6. If there is a legal obligation and in the course of legal proceedings, it is possible that authorities and courts as well as external auditors may receive your data.
4.7. In addition, insurance companies, banks, credit agencies and service providers may receive your data for the purpose of initial business contact and contract performance.
4.8. For a better understanding of the categories of recipients mentioned in Article 4., you can find a range of individual companies if you follow the link https://www.aqua-garant.at/wp-content/uploads/sites/2/2018/07/Garant-Datenverarbeiter.pdf.
5. How long will your data be stored?
We process your data until termination of our business relationship or until expiry of the applicable warranty periods, guarantee periods, limitation periods and legal retention periods (for example under the Austrian Commercial Code (UGB) or the Austrian Federal Tax Code (BAO)); beyond that time, we process your data until settlement of any legal disputes for which the data are required as evidence.
6. What data protection rights do you have?
You have the right of access, to rectification, erasure or restriction of processing of your stored data, the right to object to the processing and the right to data portability and the right to lodge a complaint in accordance with the requirements of data protection law at any time.
6.1 Right of access: You may demand that we provide you with information on whether and to what extent we process your data.
6.2 Right to rectification: If we process your data which are incomplete or inaccurate, you may demand at any time that we rectify or complete such data.
6.3 Right to erasure: You may demand that we erase your data, to the extent that we have processed them unlawfully or the processing disproportionately interferes with your legitimate protection interests. Please note that there may be reasons that prevent immediate erasure, for example in case of statutory retention obligations.
6.4 Right to restriction of processing: You may demand that we restrict the processing of your data, if
- you contest the accuracy of the data, for a period enabling us to verify the accuracy of the data.
- processing is unlawful, but you oppose the erasure of the personal data and requests the restriction of their use instead,
- we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims, or
- you objected to processing of the data.
6.5 Right to data portability: You may demand that we make the data you provided available to you in a structured, commonly used and machine-readable format, and that you can transmit those data to another controller without hindrance from us, provided that
- we process such data based on consent you granted and which is revocable, or to perform a contract between us, and
- the processing is carried out by automated means.
You may demand that we transmit the data directly to another controller, where technically feasible.
6.6 Right to object: If we process your data based on legitimate interest, you may object to such data processing at any time on grounds relating to your particular situation; this shall also apply for profiling based on these provisions. We will then no longer process your data, unless we are able to prove compelling legitimate reasons for the processing, which override your interests, rights and freedoms, or the processing serves for the establishment, exercise or defense of legal claims. You have the right to object at any time to the processing of your data for direct marketing purposes, without having to state any reason.
6.7 Right to lodge a complaint: If you are of the opinion that we infringe Austrian or European data protection law in processing your data, please contact us to clarify any questions. Of course you also have the right to lodge a complaint with the Austrian Data Protection Authority or with a supervisory authority within the EU.
7. Where can you assert these rights?
If you would like to assert any of the rights mentioned above to us, please send an e-mail to the e-mail address stated in Article 1. If in doubt, we may request additional information to confirm your identity. This serves for the protection of your rights and your privacy.
8. Are you obligated to provide data?
Processing of your data is required to conclude and perform your contract concluded with us. If you do not make these data available to us, we will usually have to reject conclusion of the contract or performance of the order, or will no longer be able to perform and therefore have to terminate an existing contract. However, you are not obligated to give you consent for the processing of data which are not relevant for contract performance or data which are not required by law.
9. Will the personal data be transferred to a third country?
In general we do not transfer any data to a third country. Transfers are made only in individual cases based on an adequacy decision of the European Commission, standard contract clauses, suitable guarantees and your express consent.
10. Application data
If you send us your application, your application data will be disclosed only to the authorized persons involved in the advertising process. Your application data will be stored for six months.
11. Information on the processing of personal data on this website
Personal data are collected for the following purposes using the following services:
11.1. Analytic
Google Analytics
This website uses functions of the Google Analytics web analysis service, which is provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google Analytics uses so-called cookies. These are text files stored on your computer which enable an analysis of your use of the website. The information generated by the cookie with regard to your use of this website are usually transferred to and stored on a Google server in the USA.
Google Analytics cookies are stored on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in analyzing the user behavior, in order to optimize its web content as well as its advertising.
IP anonymization
We have enabled the IP anonymization function on this website. That means that Google truncates your IP address within member states of the European Union or other member states of the Agreement on the European Economic Area before transferring to the USA. Only in exceptional cases, the complete IP address will be transferred to a Google server in the USA and truncated there. Google will use this information on behalf of the operator of this website in order to analyze your use of the website, to create reports on the website activities, and to provide other services to the website operator associated with website use and internet use. The IP address transferred in Google Analytics by your browser will not be linked to other Google data.
Browser plugin
You may prevent the storage of cookies by setting your browser software accordingly. However, please note that in this case you will not be able to make full use of all function on this website. You may also prevent the collection of data generated by the cookie relating to your use of the website (incl. your IP address) to Google and processing of such data by Google by downloading and installing the browser plugin available on: https://tools.google.com/dlpage/gaoptout?hl=de.
Opposition to data collection
You may prevent the collection of your data by Google Analytics by clicking the following link. This will set an opt-out cookie which prevents the collection of your data when you visit this website in the future: Disable Google Analytics.
You can find more information on the handling of user data by Google Analytics in the Google Privacy Policy: https://support.google.com/analytics/answer/6004245?hl=de.
Order data processing
We concluded an order data processing contract with Google, and fully implement the strict requirements of the data protection authorities on the use of Google Analytics.
Demographics in Google Analytics
This website uses the demographics function of Google Analytics. This enables the creation of reports containing statements on the age, gender and interest of the visitors. These data are derived from interest based advertising provided by Google and from visitor data of third providers. These data cannot be assigned to any particular person. You may disable this function at any time using the display settings in your Google account, or more generally prohibit the collection of your data by Google Analytics as described in “Opposition to data collection”.
Personal data collected: Cookie and usage data.
Place of processing: USA – Data Privacy Statement
Google AdWords and Google Conversion Tracking
This website uses Google AdWords. AdWords is an online advertising system of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (“Google”).
Within Google AdWords, we use so-called conversion tracking. If you click on an ad shown by Google, a cookie for conversion tracking will be placed. Cookies are small text files the internet browser places on the computer of the user. These cookies expire after 30 days and do not serve for personal identification of the user. When the user visits certain pages of this website and the cookie has not expired yet, Google and we are able to see that the user clicked on the ad and was forwarded to this site.
Each Google AdWords customer is given a different cookie. The cookies cannot be tracked through the websites of AdWords customers. The information obtained using the conversion cookie serves to compile conversion statistics for AdWords customers who decided to use conversion tracking. The customers find out the total number of users who clicked on their ad and were forwarded to a site with a conversion tracking tag. However, they will not obtain any information that could be used to identify the users in person. If you do not wish to participate in the tracking, you may object to its use by disabling the cookie of Google conversion tracking in the user settings of your internet browser. You will no longer be included in the conversion tracking statistics.
The storage of conversion cookies is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in analyzing the user behavior, in order to optimize its web contents and its advertising.
More information on Google AdWords and Google Conversion Tracking can be found in the Data Privacy Policy of Google: https://www.google.de/policies/privacy/.
You may set your browser to be notified when cookies are set, to allow cookies only on a case-by-case-basis, exclude the acceptance of cookies in particular cases or in general, and enable automatic deletion of cookies when closing your browser. The disabling of cookies may limit the functions of this website.
Personal data collected: Cookie and usage data.
Place of processing: USA – Data Privacy Statement
Google Analytics Remarketing
Our websites use the functions provided by Google Analytics Remarketing in connection with the cross-device functions of Google AdWords and Google DoubleClick. They are provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
This function allows linking the advertising target group created with Google Analytics Remarketing with the cross-device functions of Google AdWords and Google DoubleClick. This will enable the display of interest based personalized advertising messages that were adjusted to you on the basis of your past usage and surfing habits on any terminal (e.g. mobile phone) also on another terminal (e.g. tablet or PC).
If you have given your consent, Google will link your web and app browser history with your Google account for this purpose. In this way, it will be possible to show the same personalized advertising messages on any terminal device you log in with your Google account.
In order to support this function, Google Analytics collects Google-authenticated IDs of the users which are temporarily linked to our Google Analytics data, to define and create target groups for cross-device advertising.
You may permanently object to cross-device remarketing/targeting by disabling personalized advertising in your Google account by following the link: https://www.google.com/settings/ads/onweb/.
The summary of data collected in your Google account is based exclusively on the basis of your consent you may give or withdraw from Google (Art. 6 para. 1 lit. a GDPR). In case of data collection processes which are not summarized in your Google account (for example because you do not have a Google account or have objected to summarizing), collection of the data is based on Art. 6 para. 1 lit. f GDPR. The legitimate interest is based on the fact that the website operator has an interest in the anonymized analysis of the website visitors for advertising purposes.
Further information and the data protection regulations can be found in the Google Privacy Statement on: https://www.google.com/policies/technologies/ads/.
Personal data collected: Cookie and usage data.
Place of processing: USA – Data Privacy Statement – Opt Out
11.2. Displaying the contents of external platforms
Google Fonts (Google Inc.)
For a coherent representation of fonts, this site uses so-called web fonts provided by Google. When you access a website, your browser will load the required web fonts in your browser cache to display texts and fonts correctly.
For this purpose, the browser used by you has to establish a connection to the Google servers. As a consequence, Google will know that our website was accessed using your IP address. Google web fonts are used in the interest of a coherent and appealing presentation of your online contents. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.
If your browser does not support web fonts, your computer will use a standard font.
More information on Google web fonts can be found on https://developers.google.com/fonts/faq.
Personal data collected: Usage data and various types of data as described in the Data Privacy Statement of the service.
Place of processing: USA – Data Privacy Statement
Google Maps
Via an API, this website uses the Google Maps map service which is provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Using the Google Maps functions requires the storage of your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this website has no influence on such data transfer.
The use of Google Maps is in the interest of an appealing presentation of our online contents and allowing to easily finding the places referred to on this website. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.
More information on handling user data can be found in the Google Data Privacy Policy: https://www.google.de/intl/de/policies/privacy/.
Personal data collected: Cookie and usage data.
Place of processing: USA – Data Privacy Statement
YouTube-Video (Google Inc.)
Our website uses plugins of YouTube which is operated by Google. The websites are operated by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. If you visit any of our pages provided with a YouTube plugin, a connection to the YouTube servers is established. The YouTube server is notified which of our website pages you visited. If you are logged into your YouTube account, you enable YouTube to assign your surfing habits directly to your personal profile. You may prevent this by logging out of your YouTube account. YouTube is used in the interest of an appealing presentation of your online contents. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.
More information on handling user data can be found in the YouTube Data Privacy Statement on: https://www.google.de/intl/de/policies/privacy.
Personal data collected: Cookie and usage data.
Place of processing: USA
11.3. System logs and maintenance
This website and the services of third-party providers may collect data for operating and maintenance purposes which track interaction taking place on this website (system logs), or use other personal data (for example IP address) for this purpose. This is especially the case by using security tools to protect the website from hacker attacks.
Personal data collected: IP address.
11.4. Server log files
The provider of the websites automatically collects and stores information in so-called server log files which your browser automatically transfers to us. This information includes:
- Browser type and browser version
- Operating system used
- Referrer URL
- Host name of the accessing computer
- Time of server request
- IP address
These data cannot be assigned to specific individuals. These data will not be combined with other data sources. We reserve the right to verify these data ex post if we have specific reasons to believe that they were used illegally.
11.5. Cookies
Some of the internet websites use so-called cookies. Cookies do not cause damage to your computer and do not contain any viruses. Cookies serve to make our contents more user friendly, more effective and safer. Cookies are small text files which are stored on your computer and saved by your browser.
Most of the cookies we use are so-called session cookies. They are automatically deleted after the end of your visit. Other cookies remain on your device until you delete them. These cookies enable us to recognize your browser when you visit our website again.
You can adjust your browser settings to get notifications when cookies are set, allow cookies only on a case-by-case basis, exclude the acceptance of cookies in certain cases or in general, and enable the automated deletion of cookies when you close your browser. Disabling cookies may limit the functions on this website.
Cookies required to perform the electronic communication process or to provide certain functions you desire (e.g. shopping cart function) are stored on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the storage of cookies to provide its services without technical defects and in an optimized manner. To the extent that other cookies (e.g. cookies to analyze your surfing habits) are stored, they will be dealt with separately in this Privacy Statement.
12. Information not included in this Privacy Statement
You may request further information on the collection or processing of personal data at any time from the data controller, using the contact details stated.
13. Modifications of this Privacy Statement
The data controller reserves the right to modify this Privacy Statement at any time by informing its users on this page accordingly. As a consequence, users are advised to visit this page regularly and check the date of the last amendment specified at the foot of the page. If any user does not agree to this Privacy Statement, he or she must no longer use this website and may request the data controller to erase his or her personal data. Unless otherwise stated, the current Privacy Statement shall apply to all personal data the data controller has stored for one user.
Datum: 28.05.2018