Privacy Policy

The protection of your personal data is a central concern for us. Therefore, in this Privacy Policy, we would like to inform you about how we process your personal data when you visit our website, receive our newsletter or our press mailings.

General information:

Controller for the processing of your personal data in the context of this website is

die Berater Unternehmensberatungs GmbH

Wipplinger Strasse 32/23-25

1010 Vienna

Austria

office@dieberater.com

Data processing:

1. Purposes of data processing:

We process your personal data exclusively for the following purposes:

1. Creation and evaluation of server logs to ensure the correct performance of our website;
2. Receiving messages via our website contact form and responding to such messages;
3. Sending our newsletter and marketing material to you and analyzing the effectiveness of our newsletter;
4. Sending press mailings via our press distribution list and analyzing the effectiveness of our press mailings;
5. Enforcement of or defense against legal claims raised in connection with our website;
6. Compliance with record-keeping, information and disclosure requirements, as required by law;

Only with your consent in our cookie banner:

1. collecting statistical data about your use of our website for analysis purposes using the analysis service Matomo – see in detail the section “Analysis with Matomo” below in this Privacy Policy;
2. collecting statistical data about your use of our website and forwarding it to our advertising partners to measure the reach of our advertising – see in detail the section “Analysis of our online advertising measures using Facebook Pixel and LinkedIn Pixel” below in this Privacy Policy;

Data processing in connection with our webshop:

1. Assessment, fulfillment and invoicing of orders via our online shop;
2. Offering a login environment;

2. Origin of the personal data processed:

We collect these data exclusively from you by you providing them to us via our contact form, in your order via our online shop or by us collecting them based on your use of our website.

For the purpose 1a stated above, we also create server logs about your visit to our website. The server logs created contain certain meta data about your visit to our website (e.g. IP address, browser type used and date and time of access). The data collected in this way can generally not be connected to you as an identified person, but such a connection may be possible in exceptional cases by combining the server logs with other data. Likewise, it may be possible to determine from the data collected (such as your IP address) that several different accesses originate from the same person. These server logs are only reviewed and evaluated by us in exceptional cases.

3. Legal bases for the processing of your personal data:

This processing of your personal data for the purposes mentioned under 1. is based on the following legal bases:

• Data processing for the purposes 1a) and 1e):

Data processing for these purposes is based on the fact that we have a legitimate interest in securing the performance of our website and on the fact that we have a legitimate interest in enforcing any

legal claims that arise, could arise or are raised in connection with our website and in defending ourselves against any such legal claims (Article 6 (1f) GDPR).

• Data processing for purpose 1b):

The data processing of your data that you enter in our website contact form for this purpose 1b) is based on the fact that we have a legitimate interest in being able to receive, process and respond to your contact messages (Article 6 (1f) GDPR).

• Data processing for the purposes 1c) and 1d):

If we have received your contact details because you have already ordered goods or services from us, we may send you our newsletter with references to similar products you have already purchased or similar services to those we have already provided to you and promotions and news relating to those products and services.

The data processing for this purpose is based on our legitimate interest in informing you about our products, services and promotions (Article 6 (1f) GDPR; § 174 (3) Austrian Telecommunications Act (TKG 2021)).

In addition, you can also actively subscribe to our newsletter and our press distribution list. In this case, this data processing is based on your express consent to receive the newsletter or press mailings (Article 6 (1a) GDPR; § 174 (2) TKG 2021).

The collection of data about your receipt of or response to our newsletter or our press mailings is based on our legitimate interest in analyzing the effectiveness of our newsletter and our press mailings in order to better tailor our newsletter and press mailings to your interests and to correct delivery errors (Article 6 (1f) GDPR).

You can object to the sending of the newsletter and of press mailings to you at any time or revoke your consent by clicking on the unsubscribe link contained in each newsletter and press mailing or by sending us a message to this effect to the above contact address.

• Data processing for purpose 1f):

The processing of data for this purpose is based on the fact that the processing of these data is necessary for us to fulfill our record-keeping, information and disclosure requirements under law (Article 6 (1c) GDPR).

• Data processing for the purposes 1g) and 1h):

See below the section “Analysis with Matomo” and “Analysis of our online advertising measures using Facebook Pixel and LinkedIn Pixel”.

• Data processing for the purposes 1i) and 1j):

Data processing for these purposes is based on the fact that this processing is necessary for us to fulfill our contract with you (Article 6 (1b) GDPR).

1. Forwarding of your personal data to third parties:

We involve IT service providers as processors to ensure the security, accessibility and efficiency of our website and working environment. Under certain circumstances, your personal data may also be made accessible to them for the above-mentioned purposes (1a-1j).

In order to achieve the above-mentioned purposes 1c) and 1d) we may also involve marketing service providers to whom your contact details and the analysis data collected in this way may be made available for these purposes.

If necessary for the above-mentioned purpose 1e), we will forward your personal data to our legal representatives as well as to courts. If necessary to achieve the above purpose 1f) and required by law, we will disclose your personal data to authorized authorities or third parties.

If necessary for purpose 1i), your credit card and payment data will be disclosed to the processing bank institutions / payment service providers for the purpose of debiting the purchase price, as well as your contact details and data on your order to our logistics/shipping service provider

commissioned by us to deliver the goods or to service providers commissioned by us to provide the service, as well as to our tax advisors for the purpose of fulfilling our tax obligations.

Unless expressly stated otherwise in this Privacy Policy, we do not transfer personal data to third countries outside the European Economic Area without first obtaining your consent (which you may revoke at any time).

1. Retention of your personal data:

Your personal data will be retained by us only for as long as reasonably deemed necessary by us to achieve the purposes set out above and as permitted by applicable law. In any case, we will store your personal data as long as legal retention obligations (particularly the seven year retention period under Sec. 212 Austrian Commercial Code (UGB)) exist or limitation periods of potential legal claims have not expired.

We will keep your data longer than these periods if and as long as we need them to enforce or defend against specific legal claims.

In the event that you purchase products from us, your name, address, purchased goods and purchase date will be stored until the expiry of the limitation period for product liability claims (10 years).

Our server logs are kept for one month and are then automatically deleted or anonymized.

2. Voluntariness of the provision of personal data:

The provision of your personal data is generally voluntary. However, if you do not provide the data, you may not be able to use all the functions of our website. It is not possible to use our website without server logs being created. Consent in the cookie banner is not required to use our website.

If you enter your data in input forms (e.g. for registration, for ordering, for subscribing to the newsletter or for contacting us), it is indicated in the respective form (usually marked by “*”) which data is mandatory to be provided so that we can successfully process your input, and which data is voluntary. If you do not provide the data to be provided voluntarily, this will not have any adverse consequences for you.

3. Analysis with Matomo:

We use the open-source analytics service Matomo on this website (purpose 1g listed above).

If you consent to data processing by Matomo in our cookie banner, we collect statistical data using Matomo to analyze how you use our website and parts thereof and how you interact with our website.

This involves collecting statistical data using unique user IDs stored in cookies, your shortened IP address, and other meta-data about your device and browser.

We use these data to understand how our website is used, and thus to make our website offering as attractive as possible for you. We will only process and store these data in aggregated form, all non-aggregated data collected in this way will be deleted or anonymized immediately after aggregation.

The data collected in this way is collected and stored directly by us and, with the exception of our IT service provider, is not accessible to third parties.

The following cookies are used for this purpose:

Third parties are not able to access these cookies.

This data processing is based on your consent, which you have given in the cookie banner (Article 6 (1a) GDPR, Sec. 165 (3) Austrian Telecommunications Act (TKG 2021)). This consent is voluntary and not required to use our website. You can revoke this consent at any time by clicking on the “Cookie Settings” link in the footer of our website, which will reopen the cookie banner and allow you to refuse data processing using cookies, or by deleting the cookies from our website in your browser.

1. Analysis of our online advertising measures using Facebook Pixel and LinkedIn Pixel:

If you agree to this in our cookie banner, we use Facebook Pixel and LinkedIn Pixel on our website to analyze our online advertising measures (purpose 1h listed above).

Through these pixels, data about your visit to our website (collected based on cookies, unique user IDs, your IP address and other meta-data about your device and browser) are transmitted to Facebook and LinkedIn, respectively. Based on these data, your interaction with our website is matched with data collected about you by Facebook or LinkedIn in connection with our advertising measures there, in order to measure the success of the advertising we conduct on Facebook and LinkedIn.

The following cookies are used for LinkedIn Pixel:

The following cookies are used for Facebook Pixel:

LinkedIn and Facebook can access these cookies respectively.

The purpose of this data processing is to measure the success of our advertising on Facebook and LinkedIn platforms.

This data processing is based on your consent given in the cookie banner (Article 6 (1a) GDPR, Sec. 165 (3) Austrian Telecommunications Act (TKG 2021)). This consent is voluntary and not required to use our website. You can revoke this consent at any time by clicking on the “Cookie Settings” link in the footer of our website, which will reopen the cookie banner and allow you to refuse data processing using Facebook Pixel and LinkedIn Pixel.

The data collected in this way will be deleted or anonymized by us after 6 months at the latest.

For this data processing, we are joint data controllers with Meta Platforms Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”, for Facebook Pixel; for more information: https://www.facebook.com/legal/controller_addendum ) or LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland (“LinkedIn”, for LinkedIn Pixel; for more information: https://legal.linkedin.com/pages-joint-controller-addendum).

The data collected in this way may, under certain circumstances, become accessible to group companies of Facebook and LinkedIn in the USA. We would like to point out that the level of data protection in the USA is lower than in the EU and that the intelligence services there may be able to access your data collected in this way in a disproportionate manner without you having any legal remedy against this access.

This data transfer in the USA is based on standard contractual clauses concluded by Facebook and LinkedIn pursuant to Article 46 (2c) GDPR, including additional security measures, as well as on your express, voluntary and revocable consent to this transfer in the cookie banner (Article 49 (1a) GDPR).

More detailed information on data processing by Facebook is available here: https://www.facebook.com/privacy/policy/. More detailed information on data processing by LinkedIn is available here: https://www.linkedin.com/legal/privacy-policy.

Your rights:

You have the right to (i) obtain from us confirmation whether and which personal data we process about you and to receive copies of such data (Article 15 GDPR), (ii) require us to correct, amend or delete your personal data if it is incorrect or not processed in accordance with the law (Article 16, 17 GDPR), (iii) in certain circumstances, require us to restrict the processing of your personal data (Article 18 GDPR), (iv) under certain circumstances, to receive your data in a structured, commonly used and machine-readable format or to transfer it to a third party (right to data portability, Article 20 GDPR) and (v) under certain circumstances, to object to the processing of your personal data (Article 21 GDPR). If you wish to exercise one or more of these rights, please feel free to contact us.

In addition, you have the right to file a complaint with the Austrian Data Protection Authority (for contact details, see https://www.data-protection-authority.gv.at/) if you believe that your data protection rights have been violated.