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DATA PROTECTION LAW INFORMATION

in accordance with Art. 13 and 14 of the Data Protection Regulation

Data Privacy Statement

The protection of your personal data is of utmost importance to us. The following information will give you an overview of the processing of your personal data (short “data”) by the CMA Carinthische Musikakademie GmbH as well as your rights resulting from the European Data Protection Regulation (EU-DSGVO) and the Austrian data protection law (DSG2018).

Who is responsible for the processing of my data?

Responsible party:      CMA Carinthische Musikakademie GmbH, Stift Ossiach 1, A-9570 Stift Ossiach
Tel.:                             +43(0)4243/45 594
Mail:                             office-ossiach@die-cma.at

You can reach our data protection officer at:

Name:                          Ralf Scheerer, xintis IT-Services & Consulting e.U.
Tel.:                             +43(0) 660/8660 887
Mail:                             privacy@xintis.at

What kind of data are processed and how are they obtained?

We process personal data (Art. 4, Para. 1 DSGVO) that you provide us with during the course of a business relation and initiation and that result from the implementation and handling of our services. We also process permissibly obtained data from publicly accessible sources (f.e. commercial register, press, media, internet) that are allowed to be processed. This includes master and contact data such as name, address, telephone and fax number, e-mail and additional data from businesses (clients, suppliers and contractual partners) such as VAT numbers, company register number and the contact information of the respective contact person.

For what reason and according to which laws are you processing the data?

We process data according to the Data Protection Regulation (DSGVO) and the Austrian Data Protection Law in its currently applicable version.

For the performance of a contract or pre-contractual measures (Art. 6, Para. 1 lit b DSGVO)

  • Course Management, Booking & Management of our Client Database

Processing and Transmission of data as part of a business relation with clients, including automatically processed and stored text documents (f.e. correspondences or contracts) in these matters. Use of data of a client or interested party for the initiation of business regarding the own range of services, including automatically processed and archived text documents (such as correspondences) in this matter. Orders and order processing.

  • Processing for Online Inquiries and Orders

We collect personal data when you provide them to us on a voluntary basis during the order procedure, contacting us (f.e. via contact form or e-mail) or at the point of opening an account. Required fields are marked as such, because these data are necessary for the contract processing, respectively the processing of your contact procedure or opening of a customer account. If these fields are not filled out, you will not be able to place your order, sign up for an account or send the contact message to us. The kind of data that will be processed is evident on the respective field. We use your provided data according to Art. 6, Para. 1S. 1 lit. b DSGVO for the contract processing and handling of your requests. After the comprehensive processing of the contract or deletion of your account, your data will be restricted for further processing and deleted after the expiration of the mandatory storage periods defined in tax and commercial legislation, provided that you have not agreed to a further use of your data or in case we reserve the further legal use of data of which we inform you in this statement. The deletion of your account is always possible and can be made through the contact named above or a respective function in your account settings.

The data provided by you are necessary for the performance of a contract or pre-contractual measures. Without these data, the contract cannot be concluded.

Compliance with Legal Obligations (Art. 6, Para. 1 lit. c DSGVO)

  • Record keeping

We are required to comply with legal obligations (f.e. UGB, BAO, AGBH, UStG) and therefore are required to process the data we have obtained from you or that result from a business relationship according to Art. 6 lit. c DSGVO. This includes the processing of data obtained through every kind of business relationship with a client, the systematic record of all revenues and expenditures and invoicing.

Voluntary Processing Based on Consent (Art. 6, Para. 1 lit. c DSGVO)

  • E-Mail Advertising and Registration for the Newsletter

When you register for our newsletter, we use the required and additionally provided data in order to send you a regular newsletter based on your decision for consent, according to Art. 6 Para. 1 S 1 lit. a DSGVO. The cancellation of the newsletter is always possible and can be made through the contact named above or a respective link in the newsletter. After the cancellation, we delete your e-mail address, provided that you have not agreed to further use and processing of your data or we reserve a further legal use of data or of which we inform you in this statement. The newsletter is sent through a service provider on our request and your e-mail address will be passed along to said third party. This service provider is located within the European Union or the European Economic Area.

  • Job Applications

The transmission of applications to our business, including personal data such as master data, contact data, Curriculum Vitae, certificates, qualifications and job experience takes place in the form of pre-contractual measures (Art. 6, Para. 1 lit. b) in the scope of a job application process or your definite consent (Art. 9, Para. 2 lit. a) for initiative applications. We process your data within the period of application and will not forward it to a third party. After the conclusion of the application process, we keep your data in accordance with the legal retention period of 6 months (§§ 15 Para 1 and 29 Para 1 GlbG as well as § 7k Para 1 iVm Para 2 Z 1 BEinstG). In the case of an initiative application, we surmise that you are interested in us keeping the file in evidence and will therefore store it for 6 months in our system. You can always withdraw your consent. In that case, please contact us at the provided contact.

  • Cookies and Web Analysis

In order to provide visitors to our website with an attractive experience as well as making the use of specific functions possible to show suitable products or for market research purposes, we make use of Cookies on our sites. This serves our interest in making our services and offers as visually appealing as possible according to Art. 6, Para. 1 S 1 lit. f DSGVO. Cookies are small text files that are saved automatically on your device. Some of the cookies used by us will be deleted after the browser has been closed (session cookies). Other cookies remain stored on your device and enable us to recognize your browser on your next visit to the website (persistent cookies). The storage time can be accessed on the cookie settings of your browser. You can set your browser’s settings to notifying you when there is a cookie and you can decide of you want to allow it or not for specific times or in general. Every browser is different in its way to store cookie settings. This is described in every help menu of a browser which will also tell you how to change the cookie settings.

You can find different browser settings for cookies here:

Internet Explorer™: http://windows.microsoft.com/de-DE/windows-vista/Block-or-allow-cookies
Safari™: https://support.apple.com/kb/ph21411?locale=de_DE
Chrome™: http://support.google.com/chrome/bin/answer.py?hl=de&hlrm=en&answer=95647
Firefox™ https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Opera™ : http://help.opera.com/Windows/10.20/de/cookies.html

If you choose to not accept cookies on your device, the function of our website can be limited.

  • Use of Google (Universal) Analytics for Web Analysis

In case you have given your consent according to Art. 6, Para. 1 S 1 lit. a DSGVO, this website uses Google (Universal) Analytics for the use of website analysis, a web analysis service of Google LLC (www.google.de). Google (Universal) Analytics uses methods that enable an analysis of the use on the website by you, such as cookies. The automatically collected information about your use of the website will be transmitted to a Google server in the USA and stored there. Through activating the IP anonymisation on this website, the UP address will be shortened before the transmission within the member states of the European Union or tor other member states within the European Economic Area. Only in special cases, the entire IP address will be transmitted to the Google servers in the USA and shortened there. The anonymous email address that is transmitted by your browser within the scope of Google Analytics will usually not be combined with other data collected by Google. After the data is no longer used or Google Analytics is not used anymore on the site, all collected data will be deleted.

Google LLC is based in the USA and is certified under the EU-US Privacy Shield. The active certificate can be read here. Because of this agreement between the USA and the European Commission, the European Commission has set an appropriate data protection level for businesses certified with the Privacy Shield.

You can always withdraw your consent, also in regard to future arrangements, by downloading and installing the following browser plugin:

http://tools.google.com/dlpage/gaoptout?hl=de.  This prevents all storage of your cookie data as well as the personal data used to access the website (including your IP address) as well as their processing.

Alternatively to the plugin, you can also click on this link to prevent the recording through Google Analytics on this website in the future. For that, an opt-out cookie will be stored on your device. In case you delete your cookies, you will be asked for consent again.

Processing Necessary to Preservation of Legitimate Interest (Art. 6, Para. 1 lit. f DSGVO)

  • Postal Advertising and Right of Objection

We also reserve the right to use your first and last name as well as your address for our own advertising, f.e. sending of interesting offers and information about our products via mail. This serves the preservation of our legitimate interests in a promotional approach of our clients according to Art. 6, Para. 1 lit. f DSGVO. The advertisement is sent through a service provider on our request and your e-mail address will be passed along to said third party. You can withdraw your consent at every time via message to the contact above.

  • Access Data and Hosting

You can visit our website without giving any personal information. With every access to a website, the web server just stores a so-called server logfile, which saves f.e. the name of the requested file, your IP address, date and time of access, delivered data and the access data of the provider and documents the access. These access data are only evaluated for the assurance of a trouble-free operation of the website and the improvement of our services. According to Art. 6, Para. 1 S. 1 lit. f DSGVO. This serves the preservation of our legitimate various interests of a correct presentation of our services. All access data are deleted after seven days after the end of your site visit.

  • Web Fonts of Adobe Typekit

This site uses Web Fonts for a uniform presentation of font designs, provided by Adobe

Typekit. When you access the website, your browser loads the used Web Fonts into your browser cache in order to display texts and fonts correctly. For that, your browser must connect to the servers of Adobe Typekit. Therefore, Adobe will be aware that you accessed our website through your IP address. The use of Adobe Typekit and Edge Web Fonts happens in our interest in a unified and visually appealing design of our online services. This is a justified interest according to Art. 6, Para. 1 lit. f DSGVO. If your web browser does not support Web Fonts, a standard font on your computer will be displayed.

More information about Adobe Typekit Web Fonts can be found at www.typekit.com and in the data privacy statement of Adobe typekit:
https://www.adobe.com/de/privacy/policies/typekit.html

  • Hosting Services by Third Parties

Within the scope of data processing on our request, a third party service provider is responsible for hosting and display of the website. This serves the preservation of our legitimate various interests of a correct presentation of our services. All data that are collected within the scope of use of this website or the intended forms in the online store will be processed through the servers of said third party. A processing on other servers will only take place within this framework. This service provider is located within the European Union or the European Economic Area.

  • Use of Google Maps

This website uses Google Maps API in order to display geographical information in a visual way. By using Google Maps, Google collects, processes and uses data about the access (IP address, starting point of a route, web address or URL of accessed sites, date and time of access of the site) of the map function by users. More information about the data processing on Google can be found in the Google data privacy statement. There, you can also change your personal data protection settings.

For how long do you store my data?

All collected data will be deleted once it has been determined that they are no longer necessary for the use they have been intended for, when you withdraw your consent for the processing of data or in case personal data has been processed unlawfully. In addition to that, data is also stored as long as it is necessary in the case of a legal dispute. We also store your data according to the lawful retention obligations, respectively:

  • Corporate retention obligation according to §§ 190, 212 UGB: 7 years
  • Tax law retention obligation according to 132 Abs 1 BAO: 7 years
  • General compensation according to § 1489 ABGB (compensation claims): 3 years (when damage and liable party are known)

Who else has access to my data?

In order to conclude a contract according to Art. 6 Para. 1 S. 1 lit. b DSGVO we will give your data to contractual or business partners who take or should take part in the delivery or service, for example delivery service providers or partners. Depending on the payment provider you choose in the order process, we will give the data you enter during the order process to the credit institute or payment provider selected by us in order to ensure a successful transaction. Normally, the providers access the information by themselves, if you register an account. In this case, you need to log in with your account during the order process. The respective data protection statement of the payment provider applies. Also, the following recipients:

  • Tax authorities
  • Tax consultants and accountants
  • Courts and legal representatives in case of a legal dispute
  • Parish
  • Payment providers and banks
  • Local government
  • Supervisory authorities
  • Federal Agency “Statistik Austria”

Will international organizations or third countries have access to my data?

There is no personal data exchange with third countries (countries outside of the European Union or the European Economic Area) or an international organization.

Automatic decision-making incl. Profiling according to Art. 22 EU-DSGVO

We do not implement processes for automatic decision-making incl. profiling that could have a legal effect on you or could seriously affect you in a similar way.

Contact Opportunities and Your Rights

As a concerned party, you have the following rights:

  • according to Art. 15 DSGVO, you have the right to demand information from us about your collected and processed data;
  • according to Art. 16 DSGVO, you have the right to demand an immediate rectification or completion of your personal stored data;
  • according to Art. 17 DSGVO, you have the right to demand the deletion of your personal stored data, unless the further use is necessary for:
    the right of free speech and information;

    • the completion of a legal obligation;
    • reasons of public interest or;
    • assertion, exertion or defence in a legal matter;
  • according to Art. 18 DSGVO, you have the right to demand a limitation of processing your personal data, if
    • you contest the correctness of your data;
    • the processing is unlawful, but you refuse the deletion of said data;
    • there is no need to store the data, but you need them for an assertion, exertion or defence in a legal matter or
  • according to Art. 21, you have contested the processing of data
  • according to Art. 20 DSGVO, you have the right to receive the personal data you have provided us in a structured, common and machine-readable format or demand the transmission to another responsible party;
  • according to Art. 77 DSGVO, you have the right to file a complaint with a supervisory authority. Normally, you can address your local authority or the Austrian Data Protection Authority (Wickenburggasse 8, A-1080 Wien, Phone: +43/1/521520, E-Mail: dsb@dsb.gv.at).

If you have questions about the collection, processing and use of your personal data, for information, corrections, blocking or deletion of data as well as withdrawing consent or objection to a specific way of data usage, please contact us directly.

Right of objection

As long as we process your data within the scope of weighing up our legitimate interests according to the points above, you can object to the processing of data for the future. In case the data is processed for direct marketing reasons, you can exercise that right at any time. As far as the data is processed for other reasons, you only have the right of objection in the case of special reasons.

After the exertion of your right of objection, we will not use your personal data for these reasons, unless we can argue for compelling legitimate grounds where your personal interests, rights and freedom prevail, or when the processing of data is used for assertion, exertion or defence in a legal matter.

This is not applicable when the data processing is used for reasons of direct marketing. Then, we will stop processing your data for this purpose.