We are very pleased about your interest in our company. Data protection is of particular importance to the management of Martin Schwaiger – Premium Products. Use of the Martin Schwaiger – Premium Products website is generally possible without providing any personal data. However, if a data subject wishes to use special services offered by our company via our website, processing of personal data may be necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Martin Schwaiger – Premium Products. By means of this data protection declaration, our company would like to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.

Martin Schwaiger – Premium Products, as the controller, has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, internet-based data transmissions may in principle have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, such as by telephone.

1. Definitions

The privacy policy of Martin Schwaiger – Premium Products is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easily readable and understandable for the public, as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

In this Privacy Policy, we use, among other terms:

a) Personal data

Personal data is any information relating to an identified or identifiable natural person (hereinafter „data subject“). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

b) Data subject

A data subject is any identified or identifiable natural person whose personal data is processed by the controller.

c) Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting its future processing.

e) Profiling

Profiling is any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

f) Pseudonymization

Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

g) Controller

The controller is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of processing personal data. Where the purposes and means of such processing are specified by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

h) Processor

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

i) Recipient

Recipient is a natural or legal person, public authority, agency, or other body to which personal data are disclosed, whether a third party or not. However, public authorities that may receive personal data in the context of a particular inquiry in accordance with Union or Member State law shall not be considered recipients.

j) Third Party

Third Party is a natural or legal person, public authority, agency, or other body other than the data subject, the controller, the processor, and the persons authorised to process the personal data under the direct authority of the controller or processor.

k) Consent

Consent is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which the data subject, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data concerning him or her.

2. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation (GDPR), other data protection laws applicable in the member states of the European Union, and other provisions related to data protection is:

Martin Schwaiger – Premium Products

Sonngrub 82

6370 Kitzbühel

Austria

Tel.: +43 664 3200026

Email: office@martinschwaiger.at

Website: www.martinschwaiger.at

3. Cookies

The Martin Schwaiger – Premium Products website uses cookies. Cookies are text files that are placed and stored on a computer system via an internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters that allows websites and servers to be assigned to the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

By using cookies, Martin Schwaiger – Premium Products can provide users of this website with more user-friendly services that would not be possible without the cookie setting.

By using a cookie, the information and offers on our website can be optimized for the user. As already mentioned, cookies enable us to recognize users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to enter their login details each time they visit the website, because this is done by the website and the cookie stored on the user’s computer system. Another example is the cookie for a shopping cart in an online shop. The online shop remembers the items a customer has placed in the virtual shopping cart via a cookie.

The data subject can prevent the setting of cookies through our website at any time by means of a corresponding setting in the Internet browser used, and thus permanently deny the setting of cookies. Furthermore, cookies already set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

4. Collection of general data and information

The Martin Schwaiger – Premium Products website collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server’s log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information used to avert danger in the event of attacks on our information technology systems.

When using this general data and information, Martin Schwaiger – Premium Products does not draw any conclusions about the data subject. Rather, this information is required to (1) correctly deliver the content of our website, (2) optimize the content of our website and its advertising, (3) ensure the long-term functionality of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyberattack. This anonymously collected data and information is therefore evaluated by Martin Schwaiger – Premium Products both statistically and with the aim of increasing data protection and data security within our company, ultimately ensuring an optimal level of protection for the personal data we process. The anonymous data in the server log files are stored separately from all personal data provided by a data subject.

5. Routine deletion and blocking of personal data

The controller shall process and store the personal data of the data subject only for the period necessary to achieve the storage purpose, or as provided for by the European legislator or other legislator in laws or regulations to which the controller is subject.

If the storage purpose no longer applies, or if a storage period prescribed by the European legislator or other competent legislator expires, the personal data shall be routinely blocked or deleted in accordance with legal requirements.

6. Rights of the data subject
a) Right to confirmation

Each data subject shall have the right granted by the European legislator to obtain confirmation from the controller as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, they may contact any employee of the controller at any time.

b) Right to information

Any person affected by the processing of personal data shall have the right granted by the European legislator to obtain from the controller at any time.

Collection of general data and information

The Martin Schwaiger – Premium Products website collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server’s log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information used to avert threats in the event of attacks on our information technology systems.

When using this general data and information, Martin Schwaiger – Premium Products does not draw any conclusions about the data subject. Rather, this information is required to (1) correctly deliver the content of our website, (2) optimize the content of our website and its advertising, (3) ensure the long-term functionality of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyberattack. Martin Schwaiger – Premium Products therefore evaluates this anonymously collected data and information statistically and with the aim of increasing data protection and data security within our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files are stored separately from all personal data provided by a data subject.

5. Routine deletion and blocking of personal data

The controller processes and stores the personal data of the data subject only for the period necessary to achieve the storage purpose, or as far as this is provided for by the European legislator or other legislator in laws or regulations to which the controller is subject.

If the storage purpose no longer applies, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with legal requirements.

6. Rights of the data subject
a) Right to confirmation

Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, they may contact any employee of the controller at any time.

b) Right to information

Every data subject has the right granted by the European legislator to obtain from the controller free information about the personal data concerning him or her stored at any time and a copy of this information. Furthermore, the European legislator has granted the data subject the right to information about the following:

the purposes of the processing
the categories of personal data concerned
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
the existence of the right to lodge a complaint with a supervisory authority
where the personal data are not collected from the data subject: all available information as to their source
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the

the logic involved, as well as the significance and intended consequences of such processing for the data subject.

Furthermore, the data subject has the right to obtain information as to whether personal data has been transferred to a third country or to an international organization. Where this is the case, the data subject also has the right to obtain information about the appropriate safeguards associated with the transfer.

If a data subject wishes to exercise this right of access, they may contact any employee of the controller at any time.

c) Right to rectification

Any data subject shall have the right granted by the European legislator to obtain the immediate rectification of inaccurate personal data concerning them. Furthermore, taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, they may contact an employee of the controller at any time.

d) Right to erasure (right to be forgotten)

Any data subject shall have the right granted by the European legislator to request the controller to erase personal data concerning them without undue delay, provided that one of the following grounds applies and processing is not necessary:

The personal data were collected or otherwise processed for such purposes for which they are no longer necessary.
The data subject withdraws their consent on which the processing was based pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, and there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
The personal data were processed unlawfully.
The erasure of the personal data is necessary to fulfill a legal obligation under Union or Member State law to which the controller is subject.
The personal data were collected in relation to information society services offered pursuant to Art. 8(1) GDPR.

If one of the above reasons applies, and a data subject wishes to request the erasure of personal data stored by Martin Schwaiger – Premium Products, they may contact any employee of the controller at any time. The employee of Martin Schwaiger – Premium Products will ensure that the erasure request is complied with immediately.

If the personal data has been made public by Martin Schwaiger – Premium Products and our company as the controller pursuant to Art. 17 Para. 1 GDPR is obliged to erase the personal data, Martin Schwaiger – Premium Products shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, in order to inform other data controllers which process the published personal data that the data subject has requested the erasure by such controllers of all links to these personal data or of copies or replications of these personal data, unless processing is required. The employee of Martin Schwaiger – Premium Products will arrange the necessary measures in individual cases.

e) Right to restriction of processing

Any person affected by the processing of personal data has the right granted by the European legislator to request the controller to restrict processing if one of the following conditions applies:

The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.

The processing is unlawful, the data subject opposes the erasure of the personal data and requests the restriction of their use instead.

The controller no longer needs the personal data for the purposes of the processing, the data subject

However, we need it to assert, exercise, or defend legal claims.
The data subject has objected to processing pursuant to Art. 21 (1) GDPR, pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by Martin Schwaiger – Premium Products, they may contact an employee of the controller at any time. The employee of Martin Schwaiger – Premium Products will arrange for the restriction of processing.

f) Right to data portability

Every data subject shall have the right granted by the European legislator to receive the personal data concerning him or her, which was provided to a controller, in a structured, common, and machine-readable format. They also have the right to transmit these data to another controller without hindrance from the controller to which the personal data were provided, provided that the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR, and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising their right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

To assert the right to data portability, the data subject may contact an employee of Martin Schwaiger – Premium Products at any time.

g) Right to object

Any data subject shall have the right granted by the European legislator to object at any time to the processing of personal data concerning him or her, which is based on Article 6(1)(e) or (f) of the GDPR, for reasons related to his or her particular situation. This also applies to profiling based on these provisions.

Martin Schwaiger – Premium Products shall no longer process the personal data in the event of an objection unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.

If Martin Schwaiger – Premium Products processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for the purposes of such advertising. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to Martin Schwaiger – Premium Products processing for direct marketing purposes, Martin Schwaiger – Premium Products will no longer process the personal data for these purposes.

In addition, the data subject has the right to object to the processing of personal data concerning him or her by Martin Schwaiger – Premium Products for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, unless such processing is necessary to perform a task carried out in the public interest.

To exercise the right to object, the data subject may contact any employee of Martin Schwaiger – Premium Products or another employee directly. Furthermore, in relation to the use of information society services, the data subject is free to exercise his or her right of objection by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.

h) Automated individual decision-making, including profiling

Every data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated means.

to be subjected to a decision based on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into or performing a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not made with the data subject’s explicit consent.

If the decision (1) is necessary for entering into or performing a contract between the data subject and the controller, or (2) is made with the data subject’s explicit consent, Martin Schwaiger – Premium Products shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

If the data subject wishes to exercise rights with regard to automated decision-making, they may contact an employee of the controller at any time.

i) Right to withdraw consent under data protection law

Any data subject shall have the right granted by the European legislator to withdraw their consent to the processing of personal data at any time.

If the data subject wishes to exercise their right to withdraw their consent, they may contact an employee of the controller at any time.

7. Data protection provisions regarding the use of Google Analytics (with anonymization function)

The controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analytics service collects, among other things, data about the website from which a data subject came to a website (so-called referrer), which subpages of the website were accessed, and how often and for how long a subpage was viewed. Web analytics is primarily used to optimize a website and for cost-benefit analysis of online advertising.

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The controller uses the „_gat._anonymizeIp“ extension for web analytics via Google Analytics. This extension shortens and anonymizes the IP address of the data subject’s internet connection if our website is accessed from a member state of the European Union or from another state party to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyze visitor flows on our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us that show the activities on our websites, and to provide other services related to the use of our website.

Google Analytics sets a cookie on the information technology system of the data subject. Cookies have already been explained above. By setting the cookie, Google is enabled to analyze the use of our website. With each visit to one of the individual pages of this website, which is operated by the controller and into which a Google Analytics component has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google receives knowledge of personal data, such as the IP address of the data subject, which serves Google, among other things, to trace the origin of visitors and clicks and subsequently enable commission settlements.

The cookie is used to store personal information, such as the time of access, the location from which access was made and the frequency of visits to our website by the person concerned.

son, stored. With each visit to our website, this personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may transfer this personal data collected through the technical process to third parties under certain circumstances.

The data subject may, as already explained above, prevent the setting of cookies through our website at any time by means of a corresponding setting of the internet browser used and thus permanently deny the setting of cookies. Such a setting of the internet browser used would also prevent Google from placing a cookie on the information technology system of the data subject. Furthermore, a cookie already set by Google Analytics can be deleted at any time via the internet browser or other software programs.

Furthermore, the data subject has the option of objecting to and preventing the collection of data generated by Google Analytics relating to the use of this website as well as the processing of this data by Google. To do so, the data subject must download and install a browser add-on from the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information about website visits may be transmitted to Google Analytics. Installing the browser add-on is considered an objection by Google. If the information technology system of the data subject is subsequently deleted, formatted, or reinstalled, the data subject must reinstall the browser add-on to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person under their control, the option of reinstalling or reactivating the browser add-on is available.

Further information and Google’s applicable privacy policy can be found at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link: https://www.google.com/intl/de_de/analytics/.

8. Legal Basis for Processing

Article 6(1)(a) GDPR serves as the legal basis for our company’s processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary to fulfill a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to processing operations necessary to carry out pre-contractual measures, such as in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6 (1) (c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. In this case, the processing would be based on Art. 6 (1) (d) GDPR.
Finally, processing operations could be based on Art. 6 (1) (f) GDPR. This legal basis is used for processing operations which are not covered by any of the aforementioned legal grounds if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not override such interests. We are permitted to carry out such processing operations in particular because they were specifically mentioned by the European legislator. In this respect, the controller considered that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, Sentence 2 GDPR).

9. Legitimate interests in the processing pursued by the controller or a third party

If the processing of personal data is

Based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and shareholders.

10. Duration for which the personal data is stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of this period, the corresponding data is routinely deleted unless it is no longer required to fulfill or initiate a contract.

11. Legal or contractual requirements for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

We clarify that the provision of personal data is sometimes required by law (e.g., tax regulations) or may also arise from contractual provisions (e.g., information on the contractual partner).
Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data, which must subsequently be processed by us. For example, the data subject is obligated to provide us with personal data if our company enters into a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.

Before providing personal data, the data subject must contact one of our employees. Our employee will clarify to the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.

12. Existence of automated decision-making

As a responsible company, we do not use automated decision-making or profiling.