(EU Data Protection Regulation - Privacy Statement)

 

  1. Name and address of the controller

The General Data Protection Regulation (GDPR), is controlled by:

 

Doris Wagner Cosmetics GmbH

Company register:      435563i

Commercial court:       commercial court Vienna

UID:                      ATU 69712714

Address:                  Singerstraße 16/4, 1010 Wien, Österreich

Website:                www.wagnercosmetics.com

E-Mail:                   info@wagnercosmetics.com

Telephone:                  +43 505890-700

II. General information on data processing 1. Scope of personal data processing  

We collect and use the personal data of our users only to the extent necessary to provide a functional website and our content and services. The collection and use of personal data of our users takes place regularly only with the consent of the user. An exception applies in those cases in which it is not possible to obtain prior consent for actual reasons and the processing of the data is permitted by statutory provisions.

  1. Legal basis for the processing of personal data

Where we obtain the consent of the data subject for the processing of personal data, Article 6(1)(a) of the EU Basic Data Protection Regulation (DSGVO) serves as the legal basis for the processing of personal data.

Art. 6 para. 1 lit. b DSGVO serves as the legal basis for the processing of personal data required for the performance of a contract to which the data subject is a party. This also applies to processing operations that are necessary for the implementation of pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 para. 1 lit. c DSGVO serves as the legal basis.

Art. 6 para. 1 lit. d DSGVO serves as a legal basis if vital interests of the data subject or another natural person necessitate the processing of personal data.

If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f DSGVO serves as the legal basis for the processing.

 

 

  1. Data erasure and storage duration

The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage no longer applies. In addition, the data may be stored if the European or national legislator has provided for this in EU regulations, laws or other provisions to which the person responsible is subject. The data shall also be blocked or deleted if a storage period prescribed by the standards expires, unless it is necessary for further storage of the data for the conclusion or performance of a contract.

III. Provision of the website and creation of log files

  1. Description and scope of data processing

Each time you access our website, our system automatically collects data and information from the computer system of the accessing computer.

The following data is collected:

  • Information about the browser type and the version used
  • The user's operating system
  • The Internet service provider of the user
  • The IP address of the user
  • Date and time of access
  • Websites from which the user's system accesses our website
  • Websites accessed by the user's system through our website

The data is also stored in the log files of our system. These data are not stored together with other personal data of the user.

  1. Legal basis for data processing

The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f DSGVO.

  1. Purpose of the data processing

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the IP address of the user must remain stored for the duration of the session.

The data is stored in log files to ensure the functionality of the website. The data is also used to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

These purposes also include our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f DSGVO.

  1. Duration of storage

Die Daten werden gelöscht, sobald sie für die Erreichung des Zweckes ihrer Erhebung nicht mehr erforderlich sind. Im Falle der Erfassung der Daten zur Bereitstellung der Website ist dies der Fall, wenn die jeweilige Sitzung beendet ist.

Im Falle der Speicherung der Daten in Logfiles ist dies nach spätestens sieben Tagen der Fall. Eine darüberhinausgehende Speicherung ist möglich. In diesem Fall werden die IP-Adressen der Nutzer gelöscht oder verfremdet, sodass eine Zuordnung des aufrufenden Clients nicht mehr möglich ist.

  1. Possibility of opposition and removal

The collection of data for the provision of the website and the storage of data in log files is mandatory for the operation of the website. Consequently, there is no possibility for the user to object.

  1. Use of cookies
  2. a) Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user visits a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

The following data is stored and transmitted in the cookies:

  • Language settings
  • Articles in a shopping cart
  • log-in information

We also use cookies on our website, which enables us to analyse the surfing behaviour of our users.

In this way, the following data can be transmitted:

  • Entered search terms
  • Frequency of page views
  • Use of website functions

The user data collected in this way is pseudonymized by technical precautions. It is therefore no longer possible to assign the data to the calling user. The data is not stored together with other personal data of the user.

When calling up our website, users are informed by an information banner about the use of cookies for analysis purposes and referred to this data protection declaration. In this context, there is also an indication as to how the storage of cookies in the browser settings can be prevented.

When calling up our website, the user is informed about the use of cookies for analysis purposes and his consent to the processing of the personal data used in this combination is obtained. In this context, there is also a reference to this data protection declaration.

  1. b) Legal basis for data processing

The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f DSGVO.

The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.

 

  1. c) Purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these it is necessary that the browser is recognized also after a page change.

We need cookies for the following applications:

  • Adoption of language settings
  • Remembering search terms

The user data collected by technically necessary cookies is not used to create user profiles.

The analysis cookies are used for the purpose of improving the quality of our website and its content. The analysis cookies tell us how the website is used and enables us to continually optimize our services.

Our legitimate interest in the processing of personal data pursuant to Art. 6 Para. 1 lit. f DSGVO also lies in these purposes.

  1. d) Duration of storage, possibility of objection and removal

Cookies are stored on the user's computer and transmitted to our site by the user. Therefore, you as a user have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that all functions of the website can no longer be used to their full extent.

  1. Newsletter
  2. Description and scope of data processing

On our website you have the possibility to be informed about offers via newsletter free of charge. During the registration the data from the input mask is transmitted to us.

In addition, the following data is collected during registration:

  • First name, last name
  • Email address
  • Address of residence
  • Telephone number

Your consent will be obtained for the processing of your data during the registration process and reference will be made to this data protection declaration.

If you purchase goods or services on our website and enter your e-mail address, this may subsequently be used by us to send you a newsletter. In such a case, the newsletter will only send direct advertising for our own similar goods or services.

No data will be passed on to third parties in connection with data processing for the dispatch of newsletters. The data will be used exclusively for the dispatch of the newsletter.

 

 

  1. Legal basis for data processing

The legal basis for the processing of data by the user after registration for the newsletter is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.

The legal basis for the dispatch of the newsletter as a result of the sale of goods or services is § 7 para. 3 UWG.

  1. Purpose of the data processing

The collection of the user's e-mail address serves to deliver the newsletter.

The collection of other personal data as part of the registration process serves to prevent misuse of the services or the e-mail address used.

  1. Duration of storage

The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. The user's e-mail address will therefore be stored if the newsletter subscription is active.

  1. Possibility of opposition and removal

The subscription of the newsletter can be cancelled by the affected user at any time. For this purpose, there is a corresponding link in every newsletter.

This also enables the revocation of the consent to the storage of personal data collected during the registration process.

  1. Registration
  2. Description and scope of data processing

On our website, we offer users the opportunity to register by providing personal data. The data is entered an input mask and transmitted to us and stored. The data will not be passed on to third parties. The following data is collected as part of the registration process:

  • First name, last name
  • Email address
  • Address of residence
  • Telephone number

The following data will also be stored at the time of registration:

  • First name, last name
  • Email address
  • Address of residence
  • Telephone number

As part of the registration process, the user's consent to the processing of this data is obtained.

 

 

 

  1. Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.

If the registration serves the fulfilment of a contract to which the user is a party or the implementation of pre-contractual measures, the additional legal basis for the processing of the data is Art. 6 para. 1 lit. b DSGVO.

  1. Purpose of the data processing

A registration of the user is necessary for the fulfilment of a contract with the user or for the implementation of pre-contractual measures.

Your personal data is necessary to carry out sales, delivery and customer service. If the customer does not wish to subscribe to a newsletter, the data will be deleted after the statutory deadline.

  1. Duration of storage

The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected.

This is the case during the registration process for the fulfilment of a contract or for the implementation of pre-contractual measures if the data is no longer necessary for the implementation of the contract. Even after the conclusion of the contract, it may be necessary to store personal data of the contractual partner in order to comply with contractual or legal obligations.

  1. Possibility of opposition and removal

As a user you have the possibility to cancel the registration at any time. You can change the data stored about you at any time.

All you must do is send an e-mail with the subject "Please delete personal data" to support@wagnercosmetics.com. Your data will be changed or deleted according to your wishes.

If the data is necessary for the fulfilment of a contract or for the execution of pre-contractual measures, a premature deletion of the data is only possible as far as contractual or legal obligations do not stand in the way of a deletion.

VII. Contact form and e-mail contact

  1. Description and scope of data processing

A contact form is available on our website, which can be used for electronic contact. If a user makes use of this possibility, the data entered in the input mask will be transmitted to us and stored. These data are:

  • Name
  • telephone number
  • email address
  • subject
  • Feedback / Comment

At the time the message is sent, the following data will also be stored:

  • name
  • telephone number
  • email address
  • subject
  • Feedback / Comment

Your consent will be obtained for the processing of the data as part of the sending process and reference will be made to this data protection declaration.

Alternatively, you can contact us via the e-mail address provided (support@wagnercosmetics.com). In this case, the personal data of the user transmitted with the e-mail will be stored.

In this context, it does not pursue the passing on of data to third parties. The data will be used exclusively for the processing of the conversation.

  1. Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f DSGVO. If the purpose of the e-mail contact is to conclude a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.

  1. Purpose of the data processing

The processing of the personal data from the input mask serves us exclusively for the processing of the establishment of contact. If you contact us by e-mail, this is also the necessary legitimate interest in the processing of the data.

The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

  1. Duration of storage

The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be inferred from the circumstances that the relevant facts have been conclusively clarified.

  1. Possibility of opposition and removal

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

The revocation of the consent and the contradiction of the storage takes place via Mail to support@wagnercosmetics.com. All personal data, which is stored in the course of the establishment of contact, will be deleted in this case.

 

 

VIII. Disclosure of personal data to third parties

  1. Description and scope of data processing

Personal data collected from the contractual relationship will be stored and processed automatically and transmitted to the persons named below for further processing and for the purposes stated below. The personal data are:

  • First name, last name
  • Email address
  • Address of residence
  • Telephone number

The transfer is made to:

  1. KS Logistic GmbH (logistics purposes, delivery)
  2. Road & Sea Logistics GmbH (logistics, delivery)
  3. Österreichische Post AG (logistics, delivery)
  4. Amazon Services Europe S.à.r.l (logistics, delivery)
  5. DHL Express (Austria) GmbH (logistics, delivery)
  6. Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent. A further legal basis is Art. 6 para. 1 lit. b DSGVO, since the processing is necessary for the performance of the contract to which the data subject is a party and for the implementation of pre-contractual measures, which are taken at the request of the data subject.

  1. Purpose of the data processing

The data will be passed on to the following companies for the following purposes:

  1. KS Logistic GmbH (logistics purposes, delivery)
  2. Road & Sea Logistics GmbH (logistics, delivery)
  3. Österreichische Post AG (logistics, delivery)
  4. Amazon Services Europe S.à.r.l (logistics, delivery)
  5. DHL Express (Austria) GmbH (logistics, delivery)
  6. Duration of storage

The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. This is the case when data is passed on to fulfill a contract or to carry out pre-contractual measures if the data is no longer required for the performance of the contract. Even after the conclusion of the contract, it may be necessary to store personal data of the contractual partner in order to fulfill contractual or legal obligations.

  1. Possibility of objection and removal

The user has the possibility at any time to revoke his consent to the processing and passing on of his personal data. If the data is necessary for the fulfillment of a contract or for the execution of pre-contractual measures, an early deletion of the data is only possible, as far as contractual or legal obligations do not stand in the way of a deletion.

 

 

  1. Rights of the person concerned

If personal data is processed by you, you are the data subject within the meaning of the DSGVO and you are entitled to the following rights vis-à-vis the person responsible:

  1. Right to information

You can request confirmation from the person responsible as to whether personal data relating to you will be processed by us.

In the event of such processing, you may request the following information from the data controller:

(1) the purposes for which the personal data will be processed;

(2) the categories of personal data processed;

(3) the recipients or categories of recipients to whom the personal data relating to you has been or will be disclosed;

(4) the planned duration of the retention of the personal data relating to you or, if it is not possible to provide specific information in this regard, criteria for determining the retention period;

(5) the existence of a right to rectify or delete personal data concerning you, a right to limit the processing by the controller or a right to object to such processing;

(6) the existence of a right of appeal to a supervisory authority;

(7) all available information on the origin of the data, if the personal data is not collected from the data subject;

(8) the existence of automated decision-making including profiling in accordance with Art. 22 (1) and (4) DSGVO and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing on the data subject.

You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 DSGVO in connection with the transfer.

  1. Right to rectification

You have the right to have your personal data corrected and/or completed by the data controller if the personal data processed concerning you is inaccurate or incomplete. The data controller must carry out the rectification immediately.

  1. The right to limit the processing

Under the following conditions, you may request that the processing of your personal data be restricted:

(1) if you dispute the accuracy of the personal data concerning you for a period of time which allows the controller to verify the accuracy of the personal data;

(2) the processing is unlawful, and you refuse to erase the personal data and instead request that the use of the personal data be restricted;

(3) the controller no longer needs the personal data for the purposes of the processing, but you need them for the assertion, exercise or defense of legal claims, or

(4) if you have objected to the processing pursuant to Art. 21 para. 1 DSGVO and it has not yet been established whether the legitimate reasons of the data controller outweigh your reasons.

If the processing of personal data concerning you has been restricted, such data - apart from their storage - may only be processed with your consent or for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or a Member State.

If the processing restriction has been limited in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

  1. Right to cancellation

(a) Duty to delete

You may request the data controller to delete the personal data concerning you immediately and the data controller is obliged to delete this data immediately if one of the following reasons applies:

Personal data relating to you shall no longer be necessary for the purposes for which it was collected or otherwise processed.

(2) You revoke your consent on which the processing pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a DSGVO was based and there is no other legal basis for the processing.

(3) You object to the processing pursuant to Art. 21 para. 1 DSGVO and there are no overriding legitimate reasons for the processing or you object to the processing pursuant to Art. 21 para. 2 DSGVO.

(4) The personal data concerning you has been processed unlawfully.

(5) The deletion of your personal data is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.

(6) The personal data relating to you has been collected in relation to information society services offered pursuant to Article 8(1) DSGVO.

  1. b) Information to third parties

If the person responsible has made the personal data concerning you public and is obliged to delete it in accordance with Art. 17 (1) DSGVO, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform the persons responsible for data processing who process the personal data that you, as the person concerned, have requested them to delete all links to this personal data or copies or replications of this personal data.

  1. c) Exceptions

The right to deletion does not exist if the processing is necessary.

(1) the exercise of freedom of expression and information;

(2) to fulfill a legal obligation which processing is subject to under the law of the Union or of the Member States to which the controller is subject or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;

(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i as well as Art. 9 para. 3 DSGVO;

(4) for archive purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 DSGVO, insofar as the law referred to under a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or

(5) to assert, exercise or defend legal claims.

  1. Right to information

If you have exercised your right to rectify, cancel or limit the processing of your personal data against the controller, the latter is obliged to notify all recipients to whom the personal data concerning you has been disclosed of such rectification, cancellation or limitation, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed of such recipients by the data controller.

  1. Right to data transfer

You have the right to receive the personal data concerning you that you have provided to the responsible person in a structured, common and machine-readable format. In addition, you have the right to communicate this data to another data controller without being hindered by the controller to whom the personal data was provided, provided that

(1) the processing is based on a consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and

(2) the processing is carried out by automated means.

In exercising this right, you also have the right to request that the personal data concerning you be transferred directly from one responsible person to another responsible person, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.

The right to data transfer does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

  1. Right of objection

You have the right, for reasons arising from your situation, to object at any time to the processing of your personal data on the basis of Art. 6 para. 1 lit. e or f DSGVO; this also applies to profiling based on these provisions.

The person responsible will no longer process the personal data concerning you unless he can prove compelling grounds for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it relates to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for such purposes.

You have the possibility to exercise your right of objection through automated procedures using technical specifications in connection with the use of Information Society services, notwithstanding Directive 2002/58/EC.

  1. right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of your consent does not affect the legality of the processing that took place based on your consent until you revoke your consent.

  1. Automated decision in individual cases including profiling

You have the right not to be subject to any decision based solely on automated processing, including profiling, that has any legal effect on you or similarly significantly affects you. This does not apply if the decision

(1) is necessary for the conclusion or performance of a contract between you and the person responsible,

(2) is authorized by legislation of the Union or of the Member States to which the person responsible is subject and contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or

(3) with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 DSGVO unless Art. 9 para. 2 lit. a or g applies, and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.

Regarding the cases referred to in (1) and (3), the person responsible shall take appropriate measures to protect the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the person responsible, to state his own position and to challenge the decision.

  1. Right of appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in the Member State of your residence, place of work or place of presumed infringement, if you consider that the processing of your personal data is in breach of the DSGVO.

The supervisory authority with which the complaint was lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 DSGVO.

Vienna, February 2019