Information obligations of the General Data Protection Regulation (GDPR).
The protection of your privacy and your data is very important to us and is always taken into account in all business transactions.
In principle, you can use our website without providing any personal data. However, other regulations may apply to individual services, to which we refer you separately in the following.
The purpose of processing your personal data (hereinafter referred to as “data”) on this website is to provide you with information on the production and distribution of food, in particular chewing gum and related products, and the presentation and offer of goods on this subject. In this data protection declaration we inform you, among other things, about
- the name and contact details of the person responsible
- all purposes for which your data are processed
- the legal bases on which the processing activities are based, including any legitimate interest on our part
- all recipients of your data
- a possible transfer of your data to a third country and the presentation of the legal basis for this
- the storage period of your data or the criteria for determining the duration
- the categories of your data that are processed
- the origin of your data
- the rights of the data subjects
Responsible for data protection is
- Bergfalke GmbH (authorised representatives: Claudia Bergero, Sandra Falkner), Vorgartenstraße 101/1/5, 1200 Vienna, telephone: 0043-677-62419442, email: firstname.lastname@example.org
- There is no data protection officer appointed, as this is not required by law.
You have the following rights in relation to the personal data concerning you:
- Right to information
- Right of rectification or erasure
- Right to restrict processing
- Right to object to processing
- Right to data portability
- Right to withdraw your consent
You also have the right to complain to a data protection supervisory authority about the processing of your personal data by us.
You can contact us at any time for this and for further questions on the subject of personal data.
Right to information
You have the right to receive free information from us at any time about the personal data stored about you and a copy of this information, including
- the processing purposes
- the categories of personal data processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or international organisations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- the existence of a right of rectification or erasure of personal data concerning you or of a right to oppose or limit the processing of such data by us
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: All available information on the origin of the data
- the existence of automated decision making, including profiling, in accordance with Article 22 (1) and (4) DPA and - at least in these cases - meaningful information on the logic involved and the scope and intended consequences of such processing for the data subject.
You also have a right of information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, you also have the right to be informed of the appropriate guarantees relating to the transfer.
Right of rectification
You have the right to request the immediate rectification of incorrect personal data concerning you.
You also have the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.
Right to cancellation
You have the right to demand that your personal data in question be deleted immediately if one of the following reasons applies and if processing is not necessary:
- The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
- You revoke your consent on which the processing was based in accordance with Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO, and there is no other legal basis for the processing.
- You object to the processing pursuant to Art. 21, para. 1 FADP and there are no legitimate reasons for the processing that take precedence, or you object to the processing pursuant to Art. 21, para. 2 FADP.
- The personal data were processed unlawfully.
- The deletion of the personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data was collected in relation to information society services offered in accordance with Article 8 paragraph 1 DSGVO.
Right to be forgotten
If the personal data have been made public by us and our company, as the responsible party, is obliged to delete the personal data in accordance with Art. 17 para. 1 DSGVO, we will take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform other responsible parties who process the published personal data that you have requested that these other responsible parties delete all links to these personal data or copies or replications of these personal data, unless the processing is necessary.
Right to limit processing
You have the right to demand that we restrict processing if one of the following conditions is met:
- You contest the accuracy of the personal data, for a period of time that allows us to verify the accuracy of the personal data.
- The processing is unlawful, you object to the deletion of the personal data and instead demand the restriction of the use of the personal data.
- We no longer need the personal data for the purposes of the processing, but you need them for the assertion, exercise or defence of legal claims.
- You have lodged an objection to the processing in accordance with Art. 21 para. 1 DSGVO and it is not yet clear whether our legitimate reasons outweigh yours.
Right to data portability
You have the right to receive your relevant personal data provided by us in a structured, common and machine-readable format.
You also have the right to have this data communicated to another controller without hindrance from us, provided that the processing is based on the consent pursuant to Art. 6, paragraph 1, letter a of the DPA or Art. 9, paragraph 2, letter a of the DPA or on a contract pursuant to Art. 6, paragraph 1, letter b of the DPA, and the processing is carried out by means of automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority that has been entrusted to us.
Furthermore, when exercising your right to data transfer, you have the right to obtain that the personal data be transferred directly from us to another responsible party, insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other persons.
Right to object
You have the right to object at any time, for reasons arising from your particular situation, to the processing of your personal data in question, which is carried out on the basis of Article 6, paragraph 1, letter e or f of the DPA. This also applies to profiling based on these provisions.
In the event of an objection, we will no longer process the personal data unless we can prove compelling reasons for processing which are worthy of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.
If we process personal data for the purpose of direct marketing, you have the right to object at any time to the processing of your personal data for the purpose of such marketing. This also applies to profiling, insofar as it is related to such direct marketing.
If you object to the processing of your personal data for the purposes of direct marketing, we will no longer process your personal data for these purposes.
You also have the right to object, for reasons arising from your particular situation, to the processing of personal data carried out by us for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 DPA, unless such processing is necessary for the performance of a task carried out in the public interest.
Automated decisions in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or significantly affects you in a similar way, unless that decision (1) is necessary for the conclusion or performance of a contract between you and us, or (2) is authorised by law of the Union or of the Member States to which we are subject and such law provides for appropriate measures to safeguard your rights and freedoms and legitimate interests, or (3) is taken with your explicit consent.
Right to revoke consent under data protection law
You have the right to revoke your consent to the processing of personal data at any time. However, your revocation does not affect the lawfulness of the data processing carried out up to the revocation.
Our website and services are not intended for use by minors and we do not want to collect data from minors. If a parent or guardian of a minor believes that their child may have provided us with personal information, please write to us at the contact details below and we will delete that personal information subject to applicable law and this Policy.
We use appropriate technical and organisational measures and security measures (TOMs) to prevent unauthorised access, unlawful processing and unauthorised or accidental loss of your data.
This includes, for example, the encryption of your communication with us through this website based on the Secure Socket Layer (SSL) encryption protocol.
You can check the quality of our encryption here: https://www.ssllabs.com/ssltest
It is important to us to point out that data transmission on the Internet can have security gaps, since complete protection against access by unauthorized third parties is not possible.
At this time you can enter data on our website and send us an email. Please note that unencrypted e-mails sent via the Internet are not sufficiently protected against unauthorised access by third parties.
With your consent you can subscribe to our newsletter, with which we inform you about our current interesting offers.
The newsletter of our company can only be received by you if (1) you have a valid e-mail address and (2) you have registered to receive the newsletter.
A confirmation e-mail will be sent to the e-mail address you first entered for the newsletter dispatch using the double opt-in procedure, in which we ask you to confirm that you wish to receive the newsletter.
This confirmation e-mail is used to check whether you, as the owner of the e-mail address, have authorized the receipt of the newsletter.
The purpose of the procedure is to be able to prove your registration and, if necessary, to clarify a possible misuse of your personal data.
If you do not confirm your registration within 48 hours, your information will be blocked and automatically deleted after one month.
If you contact us, e.g. in order to receive information from us only, we will process your data for this purpose. If you contact us, e.g. to conclude a contract, we process your data for this purpose.
To process your order, including customer service
If you provide your order data via email, the data you provide, including your personal data for the purpose of order processing within the scope of our business relationship with you, will be processed by us and the recipients listed below for (pre-)contract processing, in order to process and manage your order, and to provide you with customer service.
We inform our customers and business partners at regular intervals by means of a newsletter about company offers.
The data collected in the course of your registration for the newsletter is used exclusively for sending our newsletter.
In addition, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or for registration, as could be the case if there are changes to the newsletter offer or if technical conditions change.
If you contact us, e.g. in order to obtain information from us, we may process your data on the basis of your consent in accordance with Art 6 Paragraph 1 lit a DSGVO or Art 6 Paragraph 1 lit f DSGVO. If you contact us, e.g. to conclude a contract, we may process your data on the basis of Art 6 Paragraph 1 lit b DSGVO and, if necessary, store your data on the basis of Art 6 Paragraph 1 lit c DSGVO.
For the processing of your order
The processing of your data, including personal data provided by you and any special categories of personal data provided unsolicited and voluntarily, is carried out by us and the recipients listed below on the legal basis of Art. 6 para. 1 sentence 1 lit. b and Art. 9 para. 2 lit. a. DSGVO, in order to be able to identify you as a customer, to be able to process the order in question appropriately, and
for correspondence with you. The data processing is carried out at your request and is necessary for the above-mentioned purposes for the appropriate processing of your order.
Marketing (in general)
Justified interest Art. 6 para. 1 sentence 1 lit. f DSGVO. The legitimate interest is our interest in initiating and intensifying business relations with existing and potential customers.
If you contact us in order to obtain information from us, we will process the data you have provided.
The provision of information is purely voluntary on your part. However, we expressly request that you do not disclose to us any data that is likely to have little or no relevance to the purpose for which you intend to use it; this applies in particular to special categories of personal (“sensitive”) data.
Depending on what you voluntarily provide to us, the information we process may include the following:
- your contact details (name, address, telephone number, e-mail address, etc.)
- the content of the order
- special categories of personal data provided to us by you unsolicited and voluntarily
The provision of information on your part is purely voluntary. However, we expressly ask you not to disclose to us any data that is likely to have little or no relevance to the purpose for which you intend to use it; this applies in particular to special categories of personal (“sensitive”) data.
Which personal data is transmitted to us when ordering the newsletter is determined by the input mask used for this purpose.
Your e-mail address is the only mandatory information for sending the newsletter.
The provision of further, separately marked data is voluntary and is used to address you personally.
When registering for the newsletter, we also save the IP address assigned by the Internet Service Provider (ISP), the computer system you are using at the time of registration, and the date and time of registration.
The collection of this data is necessary to be able to trace the (possible) misuse of your e-mail address at a later date and therefore serves as a legal safeguard for us.
Your data may be passed on in whole or in part, but always only to the extent and to the extent necessary, to the following persons in charge:
- Banks (Payment transactions - Austria)
- Tax consultant (accounting - Austria)
- Collection agencies (debt recovery - Austria)
- Legal representative (law enforcement - Austria)
- Courts (law enforcement - Austria)
- Administrative authorities (Austria)
In addition, your data may be passed on to the following recipients as contract processors; we have concluded a contract processing agreement with all of them and have verified the appropriate technical and organisational measures (TOMs)
Your data will be stored in a form that allows your identification only for as long as it is necessary for the purpose for which it is processed.
By providing us with your data via e-mail, you expressly agree that your data, including the personal data you have provided and any special categories of personal data provided unsolicited and voluntarily, may be processed by us and the above-mentioned recipients for the duration of the processing of the information in question.
If you contact us merely to obtain information from us, your data will therefore, depending on the content of the communication, either be deleted immediately or deleted after expiry of a reasonable period of time corresponding to the content.
If you revoke your declaration of consent, we will delete (or have deleted) all of your data - including cumulative data - from all databases.
We are obliged by commercial and tax law to store your address, payment and order data for a period of 7 years. If you contact us to conclude a contract, the data will be deleted at the end of the 7th year after the last document has been posted (§ 132 BAO). In case of a contract conclusion, all data from the contractual relationship will therefore be stored until the end of this period.
Legal obligations to retain data or contractual obligations, e.g. towards customers under warranty or compensation for damages or towards contractual partners are a further basis for continuing to store your data. (Art. 6 para. 1 sentence 1 lit. c DSGVO; Art. 17 para. 3 lit. e DSGVO).
The data categories name, address, purchased goods and date of purchase are stored beyond this until the expiry of the product liability (10 years).
Marketing data is kept for up to 3 years after the last contact.
The consent to the processing of your personal data, which you have given us for the newsletter dispatch, can be revoked at any time. You can therefore cancel the newsletter at any time.
You can revoke your consent by clicking on the link provided in each newsletter e-mail or by sending a message to the contact details given in the imprint.
The purpose is to count and measure access to our website and the content published there. On our behalf, Google uses the information collected to evaluate your use of our website, to compile reports on website activities and to provide us with further services related to website and internet use.
As a legal basis for the use of Google Analytics, we use our legitimate interest according to Art. 6 para. 1 sentence 1 lit. f DSGVO in the improvement of our information and service offer and our web presence, reach measurement and access counting for the marketing of advertisements. You have the right to object to this at any time.
On this website, Google Analytics has also been extended by the code “anonymize_IP” in order to ensure anonymous recording of IP addresses (so-called IP masking). Your IP address is therefore shortened by the last three digits and recorded by Google in a pseudonymised form. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened and pseudonymised there.
Due to the shortened recording of the IP address and its pseudonymisation, only a rough localisation is possible from where our website was accessed. The shortened IP address transmitted by your browser within the scope of Google Analytics is not merged with other data from Google.
The information generated by the cookie about your use of this website (shortened pseudonymised IP address, website title, browser-specific information, information about website use) is usually transferred to a Google server in the USA and stored there. The relationship with Google and the transmission of the information to Google is based on an adequacy decision of the European Commission: EU-US Privacy Shield Agreement (“Privacy Shield”).
You can also prevent the storage of cookies by adjusting your browser software settings accordingly; however, we would like to point out that in this case you may not be able to use all the functions of this website to their full extent.
You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
Third party information: Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. user conditions: https://www.google.com/analytics/terms/de.html, overview of data protection: https://www.google.com/intl/de/analytics/learn/privacy.html, and the data protection declaration: https://www.google.de/intl/de/policies/privacy.
This website uses so-called web fonts for the uniform display of fonts.
For DSGVO conformity, we have stored these fonts locally on our server and integrated them into our website in such a way that no data is exchanged with Google.
We process personal data of participants in competitions and contests only in compliance with the relevant data protection regulations, insofar as the processing is contractually required for the provision, implementation and handling of the competition, the participants have consented to the processing or the processing serves our legitimate interests (e.g. in the security of the competition or the protection of our interests from misuse by possible collection of IP addresses when submitting competition entries).
If contributions of the participants are published in the context of the competitions (e.g. in the context of a vote or presentation of the competition contributions or the winners or the reporting on the competition), we point out that the names of the participants may also be published in this context. The participants can object to this at any time.
The participants’ data will be deleted as soon as the competition or contest has ended and the data is no longer required to inform the winners or because queries regarding the competition can be expected. In principle, the participants’ data will be deleted at the latest 6 months after the end of the competition. Data of the winners may be retained for a longer period of time, e.g. in order to be able to answer questions about the prizes or to be able to fulfil the services of the prize; in this case the retention period depends on the type of prize and is up to three years, e.g. in the case of items or services, in order to be able to process warranty claims. Furthermore, the participants’ data may be stored for longer, e.g. in the form of reports on the competition in online and offline media.
If data has also been collected for other purposes within the scope of the competition, its processing and the duration of storage are governed by the data protection information for this use (e.g. in the case of registration for the newsletter within the scope of a competition).
Data types processed: inventory data (e.g. names, addresses), content data (e.g. text entries, photographs, videos).
Data subjects: Competition and contest participants.
Purposes of processing: Conducting competitions and contests.
Legal basis: Fulfilment of contracts and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b. DSGVO).
We process personal data for online marketing purposes, which may include, in particular, the marketing of advertising space or the display of advertising and other content (collectively referred to as “Content”) based on the potential interests of users and the measurement of their effectiveness.
For these purposes, so-called user profiles are created and stored in a file (so-called “cookie”) or similar procedures are used, by means of which the user information relevant for the presentation of the aforementioned content is stored. This information may include, for example, the content viewed, web pages visited, online networks used, but also communication partners and technical information such as the browser used, the computer system used and information on usage times. If users have consented to the collection of their location data, this may also be processed.
The IP addresses of users are also stored. However, we use available IP masking procedures (i.e., pseudonymization by shortening the IP address) to protect the users. In general, the online marketing procedure does not store any clear user data (such as e-mail addresses or names), but pseudonyms. This means that we as well as the providers of the online marketing procedures do not know the actual identity of the users, but only the information stored in their profiles.
As a rule, the information in the profiles is stored in the cookies or by means of similar procedures. These cookies can later be read out and analysed for the purpose of presenting content on other websites that use the same online marketing procedure, and can also be supplemented with additional data and stored on the server of the online marketing procedure provider.
As an exception, clear data can be assigned to the profiles. This is the case, for example, if the users are members of a social network whose online marketing procedure we use and the network connects the profiles of the users in the aforementioned data. Please note that users can make additional agreements with the providers, e.g. by giving their consent during registration.
As a matter of principle, we only receive access to summarized information about the success of our advertisements. However, we can check in the context of so-called conversion measurements which of our online marketing procedures have led to a so-called conversion, i.e., for example, to the conclusion of a contract with us. The conversion measurement is used solely to analyse the success of our marketing measures.
Unless otherwise stated, we ask you to assume that cookies used are stored for a period of two years.
Target group formation with Google Analytics: We use Google Analytics in order to display the advertisements placed within the advertising services of Google and its partners only to those users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited), which we transmit to Google (so-called “remarketing” or “Google Analytics Audiences”). With the help of remarketing audiences, we also want to ensure that our ads match the potential interest of users
Facebook pixel: With the help of the Facebook pixel, on the one hand, Facebook is able to determine the visitors of our online offer as a target group for the presentation of ads (so-called “Facebook ads”). Accordingly, we use the Facebook pixel in order to display the Facebook ads placed by us only to those users on Facebook and within the services of partners cooperating with Facebook (so-called “Audience Network” https://www.facebook.com/audiencenetwork/ ) who have also shown an interest in our online offering or who exhibit certain characteristics (e.g. interest in certain topics or products, which can be seen on the basis of the websites visited), which we transmit to Facebook (so-called “Custom Audiences”). With the help of the Facebook pixel, we also want to ensure that our Facebook ads correspond to the potential interest of the users and do not appear to be annoying. The Facebook Pixel also allows us to track the effectiveness of Facebook ads for statistical and market research purposes by seeing whether users have been redirected to our website after clicking on a Facebook ad (so-called “conversion measurement”).
Data types processed: Usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses), location data (data indicating the location of an end user’s end device), social data (data subject to social secrecy (§ 35 SGB I) and processed by e.g. social insurance carriers, social welfare institutions or pension authorities).
Data subjects: Users (e.g. website visitors, users of online services), interested parties, customers, employees (e.g. employees, applicants, former employees), communication partners.
Security measures: IP-Masking (pseudonymization of the IP address).
Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a DSGVO), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).
Possibility of objection (opt-out): We refer to the data protection notices of the respective providers and the possibilities of objection stated for the providers (so-called “opt-out”). If no explicit opt-out option has been specified, it is possible to switch off cookies in the settings of your browser. However, this may restrict the functions of our online offer. We therefore recommend the following additional opt-out options, which are offered in summary form for the respective areas: a) Europe: https://www.youronlinechoices.eu. b) Canada: https://www.youradchoices.ca/choices. c) USA: https://www.aboutads.info/choices. d) Cross-regional: http://optout.aboutads.info.
Services used and service providers: