PRIVACY
1. Legal Basis
1.1 The EU General Data Protection Regulation, the Data Protection Act 2000 as well as the Data Protection Amendment Act 2018 serve the purpose of safeguarding the right to the protection of personal data. We shall process your data exclusively upon the basis of the statutory guidelines (GDPR, DPA 2018, TCA 2003).
2. Fundamental Information
2.1 Responsible Party: Roland Maria Reininger / Huttengasse 27/1/25, 1160 Wien/Vienna
2.2 It is of special importance to us to protect and securely store all personal data which you entrust to us. In this document, you will find out how we use and process your personal data.
3. Purposeful Usage, Legal Basis, Storage Duration as well as Data Recipients
3.1 We require the collected personal data for the purposes of pre-contractual implementation, contractual implementation, billing, assertion of contractual claims, customer service and advertising. For these purposes, the data are collected, stored, processed and used.
3.2 The legal bases for the processing of your personal data shall be, on the one hand, contractual fulfilment (e.g. online purchasing), rightful interests, the fulfilment of our legal and/or contractual obligations as well as, on the other hand, your consent (e.g. contact form, newsletter, cookies). The failure to provide the data can trigger various consequences.
3.3 We shall process the following categories of personal data which you provide through the active inputting of data and/or information: Name, title, function, division, company name, company register number, VAT number, e-mail address, postal address, telephone number, Internet address and payment method.
3.4 All accesses of the website and retrieval of the files available on this website shall be automatically logged (log files):
IP address; computer, device and connection information such as browser type and browser version, operating system, screen resolution and platform; the URL of a service which you used to view or search for content and the URL which referred you to this service; date and time of day.
The storage serves exclusively for internal statistical purposes and for the improvement of our services.
3.5 Insofar as this is required, we shall store the data for the duration of the entire business relationship (from the negotiations for, the implementation of and through the end of an agreement) as well as also in accordance with the statutory retention and documentation obligations which are stated in, among others, the Corporate Code (CC), the Tax Code (TC) as well as until the end of any legal dispute or running warranty and guarantee periods.
3.6 For the operation of our website, we shall commission external contracted data processors (CDP) with the rendering of services, e.g. software service providers, web hosters, payment processing service providers, logistical partners and advertising agencies. During the rendering of their services, all CDP shall have partial access to your personal data insofar as they require the data for the rendering of their respective service. All CDP have obligated themselves to fulfil the valid data protection guidelines during the rendering of their services for us and contracted data processing agreements have been concluded in accordance with Art. 28 GDPR.
3.7 Moreover, your personal data shall not be disseminated to third parties.
3.8 No data shall be provided to non-European countries.
4. Contact Form
4.1 Your data–including your personal data from our contact form–shall be transmitted to us via our own mail server and then shall be further processed and stored by us in order to process your inquiry. The transmission of the data from the contact form shall be undertaken exclusively in encrypted fashion via https protocol.
Without your declaration of consent, these data shall not be collected or disseminated. Unfortunately, without these data, we cannot process your inquiry.
4.2 The data processing shall be undertaken upon the basis of the statutory guidelines prescribed in § 96 Para. 3 TCA as well as Art. 6 Para. 1 lit a (Consent) GDPR.
5. Newsletter
5.1 You can register on the website for our newsletter. This is done via the double opt-in procedure. After you register, you receive an e-mail whereby you are requested to confirm your registration. Without disclosing these data, it is not possible to send our newsletter. You can cancel the newsletter by confirming your cancellation via the cancellation link at the end of each newsletter. Then we shall delete all data which have been stored when registering for the newsletter.
5. We commission contracted data processors for the sending of our newsletter, see Clause 8.8.
5.3 The data processing shall be done upon the basis of the statutory guidelines prescribed in § 96 Para. 3 TCA as well as Art. 6 Para. 1 lit a (Consent) GDPR.
6. Online Shop
6.1 We wish to point out that, for the purposes of the ordering process and for the continued implementation of the contractual agreement, cookies are used to store the subscriber’s IP data as well as all data categories of the buyer in accordance with Clause 3.3.
The data that you provide are required for the implementation of the contractual agreement and/or for the implementation of pre-contractual measures. Without these data, we cannot conclude the contractual agreement with you.
6.2 The data shall be provided as described in Clause 3.6 as well as provided to our tax consultant for the purpose of the fulfilment of our obligations under tax law. All external service providers have been obligated by us to fulfil the valid data protection guidelines. Contracted data processing agreements have been concluded in accordance with Art. 28 GDPR.
6.3 The data processing shall be done upon the basis of the statutory guidelines prescribed in § 96 Para. 3 TCA as well as Art. 6 GDPR (particularly regarding consent and/or the necessity of contractual fulfilment).
7. Cookies
7.1 Our website uses so-called cookies. Cookies are small text files which are stored on your device via the browser–until they are deleted. They serve merely to design our website to be user-friendlier, more effective and more secure and/or to customise our website precisely to your requirements. Herein also lies our rightful interest in accordance with GDPR Art. 6 Para. 1 lit. f.
A consent in accordance with § 96 Para. 3 of the Telecommunications Act shall be issued after the displaying of a notification box regarding the continued usage of the website.
7.2 We shall process initial provider cookies which are generated by our website as well as third-party provider cookies which are generated by other websites (e.g. Google Analytics). Differentiation between three categories of cookies is made: Absolutely-required cookies in order to guarantee the fundamental functions of the website, functional cookies in order to guarantee the performance of the website and targeted cookies in order to improve the user experience.
7.3 If you do not want cookies to be stored on your computer, you can prevent the acceptance of cookies via your browser’s settings. Most browsers accept cookies automatically, but also offer the option of rejecting cookies or displaying a warning before storing them. Please review your browser manufacturer’s instructional manual in order to see in detail how all of this functions.
7.4 However, if cookies are deactivated, the functionality of our website and/or the online shop may be restricted.
8. Plug-Ins and Technologies Used from External Service Providers
8.1 Google Maps
We use Google Maps from the Google Inc. Company (1600 Amphitheatre Parkway Mountain View, CA 94043, USA) on our website. You can review https://www.google.com/intl/de/policies/privacy/ in order to find out what data are collected by Google and for what purposes these data are used.
As the result of the usage of the functions of this map service, data are transmitted to Google.
8.2 Google Fonts
We use Google Fonts from the Google Inc. Company (1600 Amphitheatre Parkway Mountain View, CA 94043, USA) on our website. The usage of Google Fonts is done without authentication and no cookies are sent to Google Fonts API. If you have an account with Google, none of your Google account data are sent to Google during the usage of Google Fonts. Google captures merely the usage of CSS and the fonts used and then stores these data securely. You can find more on this usage of Google Fonts and additional issues at https://developers.google.com/fonts/faq.
8.3 Google Analytics
On this website, we use Google Analytics from the Google Inc. Company (1600 Amphitheatre Parkway Mountain View, CA 94043, USA) in order to statistically evaluate visitor data. In so doing, Google Analytics uses targeted cookies. You can find detailed information regarding the Usage Terms and Conditions and Data Protection at http://www.google.com/analytics/terms/de.html and/or at https://support.google.com/analytics/answer/6004245?hl=de.
Via the browser add-on for the deactivation of Google Analytics-JavaScript (ga.js, analytics.js, dc.js), website visitors can prevent Google Analytics from using their data. You can prevent the collection of the data generated by the cookie and referencing your usage of the website from being sent to Google as well as the processing of these data by Google by downloading and installing the browser plug-in that is available by clicking on the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
8.4 Facebook
On this website, we use functions from Facebook, a social media network from the Facebook Ireland Ltd. Company, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland.
You can review https://developers.facebook.com/docs/plugins/ in order to find out which functions (social plug-ins) Facebook provides.
By visiting our website, information may be transmitted to Facebook. If you have a Facebook account, Facebook can categorise these data to your personal account. If you do not want this, please log out of Facebook first. You can find the Data Protection Guidelines as well as find out what information Facebook collects and how this information is used on https://www.facebook.com/policy.php.
8.5 YouTube
On this website, we use the YouTube video service from the YouTube, LLC Company, 901 Cherry Ave., San Bruno, CA 94066, USA. By visiting the webpages of our website which have integrated YouTube videos, data are transmitted to YouTube as well as stored and evaluated there. If you should have a YouTube account and be logged in there, these data shall be categorised to your personal account and the data stored therein. You can review https://www.google.com/intl/de/policies/privacy/ in order to find out what data are collected by Google and for what purposes these data are used.
8.6 Instagram
On our website, we use functions from the Instagram social media network from the Instagram LLC Company, 1601 Willow Rd, Menlo Park CA 94025, USA.
Via the functions for the embedding of Instagram contents, we can display photos and videos. By visiting the webpages which use such functions, data (IP address, browser data, date and time of day, cookies) are transmitted to Instagram as well as stored and evaluated there. If you should have an Instagram account and be logged-in there, these data shall be categorised to your personal account and the data stored therein. You can review https://help.instagram.com/155833707900388 in order to examine the Data Protection Guidelines as well as to find out what information Instagram collects and how it uses these data.
8.7 Twitter
On this website, we use functions from Twitter, a social network from the Twitter International Company Company, One Cumberland Place, Fenian Street, Dublin 2 D02 AX07, Ireland. Thus, personal data may also be transmitted to Twitter. We do not monitor this data exchange and store nothing in this regard. If you would like to find out more about the usage of your data by Twitter, please review all information in the Twitter Data Protection Guidelines on https://twitter.com/de/privacy. If you should have an account with Twitter, you can adjust your data protection settings in the account settings at https://twitter.com/settings/account.
8.8 MailChimp
We send newsletters with MailChimp and, on this website, we use functions from the MailChimp newsletter service from the company The Rocket Science Group, LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA in order to capture newsletter registrations. The Rocket Science Group LLC (MailChimp) maintains online platforms which enable our users to remain in contact with its subscribers–primarily by e-mail. They enable users to upload e-mail addresses and other information regarding the respective subscriber’s profile, e.g. name, physical address and other demographic information, into the MailChimp database. This information is used in order to send e-mails and to enable the usage of specific other MailChimp functions for these users. In accordance with the published Data Protection Guidelines, MailChimp shall share some information with third-party providers in order to render and support the services which MailChimp offers the users. MailChimp shall also share some information with the advertising partners of third-party providers in order to better understand the users’ requirements and interests so that highly-relevant contents and targeted advertising can be provided to these users and other users.
Whenever you register for our newsletter on our website, the inputted data are stored by MailChimp.
You can at any time revoke your consent to receive our newsletter by clicking on the link in the lower section of the e-mail that you receive. If you have cancelled the newsletter by clicking on the cancellation link, your data that have been stored by MailChimp shall be deleted.
If you receive a newsletter via MailChimp, information such as the IP address, browser type and e-mail programme shall be stored in order to provide us with information regarding our newsletter’s performance. MailChimp can determine via the images integrated into the HTML e-mails that are called web beacons (you can find details in this regard on https://kb.mailchimp.com/reports/about-open-tracking) whether the e-mail arrived, whether it was opened and whether the recipients clicked on the links. All this information is stored on MailChimp’s servers–not on this website.
MailChimp is an active participant in the EU-US Privacy Shield Framework which regulates the appropriate and secure transfer of personal data. You can find more information in this regard at https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG. You can find out more about the usage of cookies by MailChimp by reviewing https://mailchimp.com/legal/cookies/. You can find information regarding data protection by MailChimp (privacy) by reviewing https://mailchimp.com/legal/privacy/.
9. Consent and Right of Revocation
9.1 By using our website, you hereby approve our Usage Terms and Conditions.
9.2 If your consent is required for the processing of your data, we shall only then process these data after we receive your express consent.
9.3 In principle, we shall process no data of minors and are also not authorised to do so. By granting your consent, you confirm that you are at least 14 years of age or have received the consent of your legal representative.
9.4 You may revoke your consent at any time by sending an e-mail in this regard to the following e-mail address: gdpr@blackgold.tattoo. In such a case, we shall anonymise any data previously stored about you and they shall subsequently continue to be used merely for statistical purposes without any personal references. However, if the consent is revoked, the legality of the processing done based upon the consent granted until its revocation shall not be affected.
10. Data Security
10.1 TCA Systems GmbH shall utilise technical and organisational security measures in order to protect the stored personal data against unintentional or intentional manipulation, loss or destruction and the access of unauthorised persons. Our security measures fulfil the current state of the technology standards and are continuously improved based upon the technical progress realised.
10.2 This website uses SSL and/or TLS encryption for security reasons and in order to protect the transmission of the contents.
11. Your Rights
11.1 You shall have the right to request information at any time from the Responsible Party regarding the affected personal data. Insofar as no valid statutory retention obligation opposes this, you shall have the right to request the deletion of these data as well as the right to lodge an objection to the processing.
Furthermore, you shall have the right to request the correction of the data as well as the restriction of the processing, the right of data portability as well as to lodge a complaint to the Austrian Data Protection Agency, Wickenburggasse 8-10, 1080 Vienna; e-mail: dsb@dsb.gv.at.
11.2 With regards to your rights, please contact us at info@blackgold.tattoo or write us at:
TCA Systems GmbH
Huttengasse 27/1/25, 1160 Wien/Vienna
Version of December 2018