Privacy Policy

1. Legal basis

1.1. The protection of personal data is important to us and also required by law.

The EU General Data Protection Regulation, the Data Protection Act and the Telecommunications Act serve the right to the protection of personal data. We process your data exclusively on the basis of these legal provisions in the currently applicable version (GDPR, DSG, TKG 2003).

2. Basic information about the data protection manager

2.1. is responsible

PowerGIS GmbH
Bayernstrasse 45
5071 Wals-Siezenheim
Tel: 43 662 890952
eMail: office@powergis.at

2.2. It is particularly important to us to protect and store all personal data that you entrust to us. In this document you will learn more about how we use and process your personal data.

3. How do we get your data?

3.1. Data you provide/share with us

In principle, you do not have to provide us with any personal information directly when using our website. For our contact form or our newsletter subscription, however, you must provide us with personal data such as your name or your e-mail address in order to be able to use the respective service at all. However, you will be informed separately about this in the respective services.

3.2. Information you provide/share through your use of our Services. In addition, we receive some data automatically and for technical reasons when you visit our website. Every time a user accesses our website and every time a file is called up, access data about this process is stored in the form of log files. The following data is collected:

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• the website from which you access our site,
• the IP address assigned to you by your provider etc...

This data is technically required for us to display our website to you and to ensure stability and security.

4. Earmarking, legal basis, storage period and data recipient

4.1. We need the collected personal data for [description of the purpose of the processing, eg: for the fulfillment of the contract, billing, assertion of the contractual claims, for customer service purposes and for advertising purposes]. The data is collected, stored, processed and used for this purpose.

4.2. The legal basis for the processing of your personal data is, on the one hand, the fulfillment of a contract, legitimate interests, the fulfillment of our legal or contractual obligations and, on the other hand, your consent (e.g. contact form, newsletter, cookies). Failure to provide the data can have different consequences.

4.3. We process your personal data [supplement data], if necessary, for the duration of the entire business relationship (from the initiation, processing to the termination of a contract) as well as in accordance with the statutory storage and documentation obligations, which include from the German Commercial Code (UGB), the Federal Tax Code (BAO) and until the end of any legal dispute, ongoing warranty and guarantee periods, etc.

4.4. As part of the operation of our websites, we commission agencies that can gain access to your personal data in the course of their activities, provided that they need the data to fulfill their respective service. They have committed themselves to us to comply with the applicable data protection regulations. Order processing contracts have been concluded in accordance with Art. 28 GDPR.

5. contact form

5.1. Your details, including personal data, from our contact form will be sent to us via our own mail server to process your request, processed and stored by us.

Customer data is also stored in our CRM Pipedrive. The provider of Pipedrive is the American company Pipedrive Inc., 460 Park Ave S, New York, NY 10016, USA. Pipedrive processes the data in the USA. Since there is currently no agreement with third countries, in particular the USA, that adequately protects data transfer from the EU there, Pipedrive uses standard contractual clauses (Article 46 (2) and (3) of the GDPR), which means that they undertake that data transferred to the USA comply with European data protection standards. (https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?locale=de). You can find out more about the use of your data under the Pipedrive data protection regulations https://www.pipedrive.com/en/privacy.

Data from the contact forms will not be collected or passed on without your declaration of consent. We cannot process your inquiries without this data.

5.2. The data processing takes place on the basis of the legal provisions of § 96 Abs 3 TKG as well as Art 6 Abs 1 lit a (consent) GDPR.

6. Newsletter

6.1. You can register for our newsletter on the website using the double opt-in procedure. After registering, you will receive an email asking you to confirm your registration. Without the disclosure of this data, the transmission of our newsletter is not possible. You can unsubscribe from the newsletter by clicking the unsubscribe link at the end of each newsletter.

6.2. We commission processors to send our newsletter. They have committed themselves to us to comply with the applicable data protection regulations. An order processing contract was concluded in accordance with Art. 28 GDPR.

6.3. The data processing takes place on the basis of the legal provisions of § 96 Abs 3 TKG as well as Art 6 Abs 1 lit a (consent) GDPR.

7. Cookies, other tracking tools and web analysis

7.1. Cookies, other tracking technologies and Google Analytics functions can be used in a variety of ways on our Internet platform. Cookies are small pieces of text information that make it possible to recognize the user and analyze your use of our website. The information generated in this way is transferred to the provider's server and stored there. They serve to make our website more user-friendly, more effective and more secure overall. Cookies are also used to measure the frequency of page views and for general navigation.

7.2. By using our website, you agree that we set cookies. You can refuse to accept cookies in your browser settings. How this works in detail can be found in the instructions of your browser manufacturer.

If you decide against certain technical and/or functional cookies, the functionality of our website may be restricted. Some cookies remain stored on your end device until you delete them.

7.3. We have concluded a corresponding contract for order data processing with the provider. They have committed themselves to us to comply with the applicable data protection regulations.

7.4. Your IP address is recorded but pseudonymised. As a result, only a rough localization is possible, but no conclusions can be drawn about your person.

7.5. Data processing takes place on the basis of the legal provisions of Section 96 (3) TKG and Art 6 GDPR (particularly consent). Since the privacy of our users is important to us, the user data is pseudonymised].

The following about cookies:

Even if not all questions on the topic of cookies have been finally answered by the courts, there have been some trend-setting decisions in the last few weeks/months that necessitate action.

1. ECJ 01.9.2019/673/17, C-49/XNUMX (Planet XNUMX):

• consent under data protection law can only be given for online services by opting in.
• there is no effective consent if the storage of information or access to information that is already stored in the end device of the user of a website is permitted by means of a cookie by means of a pre-set tick, which the user must deselect to refuse consent.
• Users must be protected from any invasion of privacy, regardless of whether personal or other data is affected.

2. 2nd DSB 30.10.20180 DSB-D122.931/003-DSB/2018

• Simply clicking “OK” to continue using a website does not meet the data protection requirements.

Consequences of these decisions:

• Obligation to also point out (or to obtain consent) those cookies that do not store any personal data and to provide detailed information about them (about the respective function).

8. YouTube

Our website uses plugins from YouTube, which is operated by Google. The operator of the pages is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.

If you visit one of our pages featuring a YouTube plugin, a connection to the YouTube servers is established. Here the YouTube server is informed about which of our pages you have visited.

If you are logged into your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account.

YouTube is used to help make our website appealing. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.

For more information about how to handle user data, please refer to the YouTube Privacy Policy at https://www.google.com/intl/en/policies/privacy.

9. Smartsupp (chat plugin)

We use the Smartsupp plugin for the live chat on our website:

Smartsupp.com, sro
Šumavska 31
602 00 Brno
Czechia

The chat history and all information sent in it are stored for 3 months. There is a signed data order processing contract with Smartsupp.

The data will only be used to provide customer support.

10. Consent and right of withdrawal

10.1. If your consent is necessary for the processing of your data, we will only process it with your express consent.

10.2. In principle, we do not process the data of minors and are not authorized to do so. By giving your consent, you confirm that you have reached the age of 14 or that your legal representative has given consent.

10.3. You can revoke your consent at any time at the following e-mail address: office@powergis.at.
In such a case, the data previously stored about you will be anonymized and subsequently only used for statistical purposes without personal reference. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.

11. data security

11.1. PowerGIS GmbH uses technical and organizational security measures to protect the stored personal data against accidental or intentional manipulation, loss or destruction and against access by unauthorized persons. Our security measures are continuously improved in line with technical progress.

12. Privacy Settings

We use the "Real Cookie Banner" consent tool to manage the cookies and similar technologies used (tracking pixels, web beacons, etc.) and to provide consent in this regard. Details on how "Real Cookie Banner" works can be found at https://devowl.io/de/rcb/datenverarbeitung/.

The legal basis for the processing of personal data in this context is Art. 6 (1) (c) GDPR and Art. 6 (1) (f) GDPR. Our legitimate interest is the management of the cookies and similar technologies used and the relevant consents.

The provision of personal data is not contractually required and is also not necessary for the conclusion of a contract. You are not obliged to provide the personal data. If you do not provide the personal data, we cannot manage your consents.

Change privacy settings | History of privacy settings | Revoke consent

13. Your rights

12.1. You have the right at any time to obtain information from the person responsible for the relevant personal data. If there is no statutory storage obligation, you have the right to delete this data and to object to the processing. You also have the right to correction, restriction, data portability, revocation and objection. If you are of the opinion that the processing of your data violates data protection law or your data protection rights have otherwise been violated in any way, you can complain to the supervisory authority. In Austria, this is the data protection authority (Barichgasse 40-42, 1030 Vienna).

13.2. For your rights, please contact:

PowerGIS GmbH
Bayernstrasse 45
5071 Wals-Siezenheim
Tel: 43 662 890952
eMail: office@powergis.at

Our data protection officer can be reached at:
Robert Soelkner, robert@powergis.at, phone: +43 699 1696 0000