Data Policy

1.      General

 BHS Technologies GmbH, FN 466828m, Landesgericht Innsbruck, Langer Weg 11, A-6020 Innsbruck, W: https://www.bhs-technologies.com , E: office@bhs- technologies.com T: 0043 512 931833, (hereinafter “we” or “us“) processes personal data.

We would like to inform you with this document about the processing of your personal data in accordance with the provisions of the Data Protection Regulation (DSGVO) and the Data Protection Act (DSG) in connection with contractual relationships, marketing measures and our website bhs-technologies.com (“Website”).

2.      Definitions

To make it easier to understand, below is a brief explanation of the key terms used in this privacy statement:

2.1.  Personal data

(hereinafter referred to as “data” for short) are all data containing information about personal or factual circumstances of natural persons, for example name, address, email address, telephone number, date of birth, age, gender, national insurance number, video recordings, photos, etc. Data of legal persons are not subject to the provisions of the GDPR.

2.2.  Processing

means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

2.3.  Responsible

is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.

2.4.  Processor

is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

2.5.  Receiver

is a natural or legal person, public authority, agency or other body to whom personal data is disclosed, whether or not a third party.

3.      Purpose and legal basis of the processing of personal data

We process your data if this is necessary for the fulfilment of a contract or due to a legal obligation or if you provide us with this data voluntarily. For data processing going beyond this, we obtain your consent before processing the data. If our legitimate interest in data processing outweighs your interest in data protection, processing may also take place without your consent. There is no automated decision-making including profiling.

No registration is required to use our website. , we collect the personal data requested there.

As a rule, we collect your data directly from you. However, in the course of concluding a contract, we may collect your data from third parties.

 

In particular, the following categories of personal data (“Data”) are processed:

DataPurposeBasis
Contact details
(name, address, e-mail address date of birth)
This data is necessary for the
initiation and conclusion of the contract and for communication.
Art 6 para 1
lit b, lit c DSGVO
Payment information (Credit card number, SEPA direct debit, IBAN, BIC or
Paypal)
These data are necessary for the payment of the products.Art 6 para 1 lit b DSGVO
Billing information
(Name, address, UID, means of payment)
Invoice information must be processed due to accounting and tax
regulations.
Art 6 para 1 lit c DSGVO
Technical information
(IP address, operating system)
This data is required so that the website opened via your initiative can be displayed to you in the correct
form.
Art 6 para 1 lit f DSGVO.
E-mail addressYour e-mail address may be processed for the purpose of sending you newsletters or other direct marketing, provided you have given
your consent.
Art 6 para 1 lit a DSGVO
Marketing informationAnalytical tools are used to record your interactions on the website and thus collect your interests. This data is processed for analysis and marketing purposes in order to offer
you relevant products and services.
Art 6 para 1 lit a DSGVO

There is no obligation to provide the data listed. In some cases, the processing of the data is necessary for the conclusion of a contract or due to legal obligations. If you do not provide the information, we cannot enter into a contractual relationship with you.

4.      Recipients of personal data

 Recipients assist us in complying with statutory or legal obligations, in initiating and performing contracts, in providing services that require your consent or in carrying out processing operations that are in our legitimate interest, such as marketing activities in particular. We transfer or partially disclose the data in particular to the following recipients (processors or controllers):

FunctionSpecific recipientData protection
SubsidiaryBHS Technologies Inc.Link
Analysis toolGoogle Ireland LimitedLink
Analysis toolFacebook Ireland LimitesLink
Statistics AustriaFederal Statistical Office AustriaLink
IT service providerMicrosoft Ireland operations Limited
IT service providerMODUS Consult GmbH
Marketing toolMailchimpLink

We only transfer your data to other recipients if you have either given us or the recipient your consent to the transfer of data, if the transfer of data is necessary for the conclusion or fulfilment of the contract, or if we are legally obliged to transfer data.

Some recipients or processors process data outside the European Union in a third country. We only transfer data to third countries if an adequacy decision has been issued by the European Commission in accordance with Article 45 of the GDPR or if the recipient guarantees us (for example, through standard contractual clauses, binding internal data protection regulations, approved codes of conduct, etc.) that appropriate guarantees in accordance with Article 46 of the GDPR exist for an adequate level of data protection for the data. There is no adequacy decision for recipients in the United States of America. There is no intention to transfer data to an international organisation. For more detailed information on the appropriate safeguards, please contact us.

5.      Storage period or criteria for determining

As a rule, data is only stored for as long as this is necessary due to statutory retention obligations. In addition, data may be stored if this is necessary to enforce or defend against claims by third parties. Important storage periods can be found below:

Retention obligationDuration
Obligation under company law to retain records pursuant to §§
190, 212 UGB:
7 years
Obligation under VAT law to retain invoices in accordance with §
11 para 2 3rd subparagraph UStG:
7 years
Obligations under VAT law to retain export documents in
accordance with § 7 para 7 UStG:
7 years
Warranty according to § 933 ABGB:2 years
Purchase price claim for movable property under section 1062 in
conjunction with section 1486 ABGB:
3 years
Claims arising from a contract for work and services pursuant to
§ 1486 ABGB (if the service was rendered within the scope of a commercial or other business operation):
3 years
General damages according to § 1489 ABGB (compensation claims):
3 years/30 years
Liability claims according to § 13 PHG:10 years

In all other respects, we store your personal data until the end of the business relationship, but in any case for as long as statutory retention obligations exist or any legal claims have not yet become time-barred, for the assertion or defence of which the personal data are required.

6.      Cookies

We use cookies on our website to display and improve our services, which are stored on your terminal device.

Some cookies are only stored until you close the browser again (session cookies), whereas certain cookies are stored for a longer period and can recognise you on this page (persistent cookies). Cookies can be set either by us (1st party cookies) or by other providers (3rd party cookies). Some cookies are absolutely necessary for the website to function (indispensable cookies), some cookies record visits and the visitor’s origin and measure this data without the cookies being able to establish a link to your person (performance cookies). Certain cookies are used for marketing purposes (marketing cookies).

You can select which cookies you want to accept via the cookie declaration when you visit the website for the first time. Your consent is required for non-essential cookies. If you wish to withdraw your consent or change your cookie settings, you can make this change directly in your browser.

CookieDescriptionProviderCategoryValidity
Google AnalyticsLinkGoogle LLCAnalysis and statisticsMax 12 months
Facebook PixelLinkMeta Platforms, Inc.
MarketingMin 90 Days
MailchimpLinkMailchimpMarketingMax 12 months
Cookie
Consent tool
The selected cookie settings are stored hereBHSRequiredUnlimited

7.      Your rights

7.1 Right to information

You have the right to request confirmation as to whether personal data are being processed; if this is the case, you have a right of access to these personal data. The following information is collected:

  • the purposes of processing;
  • the categories of personal data;
  • the recipients or categories of recipients;
  • 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 to rectification or erasure of the personal data concerned or to restriction of processing by the controller or a right to object to such processing;
  • the existence of a right of appeal to a supervisory authority;
  • all available information on the origin of the data;
  • the existence of automated decision-making, including

7.2.  Right of rectification

You have the right to request the controller to correct inaccurate personal data and to complete incomplete personal data.

7.3.  Right to erasure

You have the right to request the controller to delete personal data without delay if one of the following reasons applies:

  • The personal data is no longer necessary for the purposes for which it was collected.
  • You withdraw the consent on which the processing was based and there is no other legal basis for the
  • You object to the processing (Art 21(1) DSGVO) and there are no legitimate grounds for the processing or you object to the processing pursuant to Art 21(2) DSGVO.
  • The personal data have been processed
  • The deletion of personal data is necessary to comply with a legal
  • The personal data have been collected in relation to information society services offered in accordance with Article 8(1).

The right to erasure does not exist insofar as the processing is necessary

  • to exercise the right to freedom of expression and information;
  • to fulfil a legal obligation,
  • to perform a task that is in the public interest;
  • for reasons of public interest in the field of public health;
  • for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes
  • for the assertion, exercise or defence of legal

7.4.  Right to restrict processing

You have the right to request the restriction of processing if one of the following conditions is met:

  • the accuracy of the personal data is contested for a period of time enabling the controller to verify the accuracy of the personal data
  • the processing is unlawful and you refuse to erase the personal data and instead request the restriction of the use of the personal data;

the controller no longer requires the personal data, but you need it for the assertion, exercise or defence of legal claims;

  • you have objected to the processing pursuant to Article 21(1) as long as it has not yet been determined whether the legitimate grounds of the controller prevail.

Where processing has been restricted, such personal data may – apart from being stored – only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest.

7.5.   Right to data portability

You have the right to receive the personal data you have provided to a controller in a structured, commonly used and machine-readable format and you have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent or on a contract and the processing is carried out with the help of automated procedures.

When exercising the right to data portability, you have the right to obtain that the personal data be transferred directly from one controller to another controller where this is technically feasible.

7.6.   Right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data carried out on the basis of Article 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions. The controller shall no longer process the personal data unless it can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of you, or the processing serves the purpose of asserting, exercising or defending legal claims.

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

7.7.  Right to withdraw consent

You have the right to revoke consent based on Art 6(1)(a) or Art 9(2)(a) at any time without affecting the lawfulness of the processing until revocation.

7.8.  Right of appeal

You have the right to lodge a complaint with the Austrian Data Protection Authority, Barichgasse 40-42, 1030 Vienna, T.: 00431521522569, E.: dsb@gsb.gv.at, if you believe that the processing violates applicable data protection law.

8.   Our contact details

If you have any questions or concerns about the processing of your personal data, please contact us:

 

BHS Technologies GmbH

Langer Weg 11,

6020 Innsbruck, Austria

Tel: 0043 512 931 833

E-mail: office@bhs-technologies.com