We are very pleased about your interest in our company. Data protection has a particularly high priority for comscoot GmbH. The use of the comscoot GmbH website is possible without any indication of personal data. However, if a data subject wants to use special enterprise services via our website, processing of personal data could become 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.
As the controller, comscoot GmbH has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to submit personal data to us by alternative means, for example by telephone.
(a) personal data
Personal data means 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) person concerned
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing is 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.
(d) restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
Profiling is any form of automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or person responsible for processing
The controller or person responsible for processing 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. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law shall not be considered as recipients.
j) Third party
Third party means 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 responsibility of the controller or the processor.
Consent shall mean any freely given specific and informed indication of the data subject’s wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
2. the name and address of the controller
The responsible party within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
Südbahnweg 17-19, 8403 Lebring
Phone: +43 (750) 22 70 60
E-Mail: [email protected]
The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programmes. 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 website of the comscoot GmbH collects a series of general data and information whenever a data subject or automated system calls up the website. This general data and information is stored in the server’s log files. The following data 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 accesses our website (so-called referrer), (4) the sub-websites which are 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 that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, the comscoot GmbH does not draw any conclusions about the data subject. This information is rather required in order to (1) correctly deliver the content of our website, (2) optimise the content of our website as well as the advertising for it, (3) ensure the permanent functionality of our information technology systems and the technology of our website as well as (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, the comscoot GmbH analyzes anonymously collected data and information on one hand for statistical purposes and on the other hand for the purpose of increasing the data protection and data security of our enterprise, with the aim of ensuring an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
5. how to contact us via the website
The website of comscoot GmbH contains legal information that enables a quick electronic contact to our company as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data provided on a voluntary basis by a data subject to the controller shall be stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.
6. routine deletion and blocking of personal data
The controller shall process and store personal data of the data subject only for the time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies or if a storage period prescribed by the European Directive and Regulation or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
7. rights of the data subject
(a) Right to obtain confirmation
Every data subject shall have the right granted by the European Directive and Regulation to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right to information
Any person concerned by the processing of personal data shall have the right granted by the European Directive and the Regulation to obtain at any time from the controller, free of charge, access to and a copy of the personal data relating to him or her which have been stored. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:
Furthermore, the data subject has a right of access to whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she may, at any time, contact any employee of the controller.
c) Right of rectification
Any person affected by the processing of personal data has the right, granted by the European Directive and Regulation, to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right, taking into account the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary declaration.
If a data subject wishes to exercise this right of rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (right to be forgotten)
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is not necessary:
If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by the comscoot GmbH, he or she may, at any time, contact any employee of the controller. The employee of comscoot GmbH will arrange for the deletion request to be complied with immediately.
If the personal data has been made public by comscoot GmbH and our company is the responsible party pursuant to Art. 17 Para. 1 DSGVO to erase personal data, comscoot GmbH shall, taking into account the available technology and the cost of implementation, implement reasonable measures, including technical measures, to inform other data controllers which process the published personal data, that the data subject has requested from those other data controllers to erase all links to or copies or replications of the personal data, unless the processing is necessary. The employee of comscoot GmbH will arrange for the necessary action to be taken in individual cases.
e) Right to restriction of processing
Any person concerned by the processing of personal data has the right, granted by the European Directive and the Regulation, to obtain from the controller the restriction of processing where one of the following conditions is met:
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the comscoot GmbH, he or she may, at any time, contact any employee of the controller. The employee of comscoot GmbH will arrange the restriction of the processing.
f) Right to data portability
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, to obtain the personal data concerning him or her which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. She also has 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 pursuant to Art. 6 (6). 1 letter a DSGVO or Art. 9 para. 2 letter a DSGVO or on a contract pursuant to Art. 6 para. 1(b) of the 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, when exercising his or her right to data portability pursuant to Art. 20 para. 1 GDPR the right to obtain the direct transfer of personal data from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.
In order to assert the right to data portability, the data subject may at any time contact any employee of the comscoot GmbH.
g) Right to object
Any person affected by the processing of personal data has the right, granted by the European Directive and Regulation-maker, to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1) of the Directive. 1(e) or (f) of the Data Protection Regulation. This also applies to profiling based on these provisions.
The comscoot GmbH shall no longer process the personal data in the event of the 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 assertion, exercise or defence of legal claims.
If the comscoot GmbH processes personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to the comscoot GmbH to the processing for direct marketing purposes, the comscoot GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by the comscoot GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89 (1) of the Data Protection Act. 1 DSGVO, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right to object, the data subject may directly contact any employee of the comscoot GmbH or another employee. The data subject shall also be free to exercise his or her right to object in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
h) Automated decisions in individual cases including profiling
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and that such law lays down appropriate measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is made with the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the data controller, or (2) it is made with the data subject’s explicit consent, the comscoot GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include at least the right to obtain the data subject’s involvement on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.
i) Recht auf Widerruf einer datenschutzrechtlichen Einwilligung
Jede von der Verarbeitung personenbezogener Daten betroffene Person hat das vom Europäischen Richtlinien- und Verordnungsgeber gewährte Recht, eine Einwilligung zur Verarbeitung personenbezogener Daten jederzeit zu widerrufen.
If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact any employee of the controller.
The controller has integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, collation and evaluation of data on the behaviour of visitors to websites. Among other things, a web analysis service collects data on which website a data subject came to a website from (so-called referrer), which sub-pages of the website were accessed or how often and for how long a sub-page was viewed. A web analysis is mainly used to optimise a website and to analyse the cost-benefit of internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The controller uses the addition “_gat._anonymizeIp” for web analysis via Google Analytics. By means of this addition, the IP address of the internet connection of the person concerned is shortened and anonymised by Google if access to our internet pages takes place 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 analyse the flow of visitors to our website. Google will use the data and information collected for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity.
Google Analytics sets a cookie on the information technology system of the data subject. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyse the use of our website. Each time a data subject accesses one of the individual pages of this website operated by the data controller on which a Google Analytics component has been integrated, the internet browser on the data subject’s information technology system is automatically triggered by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical procedure, Google obtains knowledge of personal data, such as the IP address of the person concerned, which Google uses, among other things, to trace the origin of visitors and clicks and subsequently to enable commission calculations.
By means of the cookie, personal information, for example the access time, the place from which an access originated and the frequency of visits to our website by the data subject, is stored. Each time you visit 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 share this personal data collected through the technical process with third parties.
The data subject can prevent the setting of cookies by our website, as already described above, at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Google Analytics can be deleted at any time via the internet browser or other software programs.
8.1 Google Analytics
This website uses functions of the web analysis service Google Analytics.provider is Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookies about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.
This website uses the “demographic characteristics” function of Google Analytics. This allows reports to be created that contain statements about the age, gender and interests of the site visitors. This data comes from interest-based advertising from Google and visitor data from third-party providers. This data cannot be assigned to a specific person. You can deactivate this function at any time via the ad settings in your Google account or generally prohibit the collection of your data by Google Analytics as shown in the item “Objection to data collection”.
8.2 Google Remarketing
This website uses Google Remarketing technology from Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). This is a retargeting technology that allows us to retarget visitors to our website through targeted advertising on the websites of the Google advertising network. The insertion of advertising takes place through the use of so-called cookies.
For this purpose, cookies are placed on your computer, which third-party providers, including Google, use to record which of our websites have been visited with your browser. With the help of this information, our advertisements can then be presented to you at a later time on other websites, e.g. within the scope of Google search or on websites of the Google network. Further information on data protection at Google and on how remarketing works can be found at: https://www.google.de/intl/de/policies/privacy/. You can also deactivate the storage of cookies here through the settings of your browser and/or object to the collection within the scope of Google Remarketing through the https://www.google.com/policies/technologies/ads/widersprechen.
8.3 Google AdWords
comscoot GmbH nutzt zudem Google Conversion Tracking, einen Analysedienst der Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). Google AdWords sets a cookie on your computer (“conversion cookie”) if you have accessed our website via a Google ad. These cookies lose their validity after 30 days and are not used for personal identification. If you visit certain pages of ours and the cookie has not yet expired, we and Google can recognise that someone has clicked on the ad and thus been redirected to our page. Each AdWords customer receives a different cookie. Cookies can therefore not be tracked via the websites of AdWords customers. The information collected using the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. AdWords customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information with which users can be personally identified.
8.4 Google AdWords
We use Google Maps to display maps and to create directions. Google Maps is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
By using this website, you consent to the collection, processing and use of automatically collected data and data provided by you by Google, one of its agents, or third parties.
You can find full details in the data protection centre of google.de: Transparency and choices as well as data protection regulations at https://policies.google.com/privacy?hl=de&gl=de.
We use Universal Event Tracking (UET) from Microsoft Bing Ads. This service is provided by Microsoft Corporation (“Microsoft”), One Microsoft Way, Redmond, WA 98052-6399, USA. This allows us to track the activity of our users if our website is accessed via a Microsoft Bing ad. If users access our website via such an advertisement, a cookie is set on their computer. A Bing UET tag is integrated on our website. This is a code which, in conjunction with the cookie, stores some non-personal data about the use of the website. This includes, among other things, the length of time spent on the website, which areas of the website were accessed and via which advertisement the users arrived at the website. Information about your identity is not collected. The information collected is transferred to Microsoft servers in the USA and stored there for a maximum of 180 days. You can prevent the collection of data generated by the cookie and related to your use of the website, as well as the processing of this data, by deactivating the setting of cookies. This may limit the functionality of the website under certain circumstances. For more information about Bing’s analytics services, please visit the Bing Ads website at: https://help.bingads.microsoft.com/#apex/3/de/53056/2.
8.6 Social media
Social media functions can be used on our website. When one of these pages is accessed, a connection to the respective servers of the social media may be established. In doing so, they are informed that you have visited our website with your IP address. If you comment, like, share or tweet something etc. and you are logged into your account, it may be possible for the social medium to assign your visit to our website to you and your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use.
These services are provided by the following companies:
•Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA
•Google+ Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA
•Linkedin Inc., 2029 Stierlin Court, Mountain View, CA 94043, USA
•Twitter Inc., 1355 Market St., Suite 900, San Francisco, CA 94103, USA
•Xing AG, Dammtorstraße 30, 20354 Hamburg, Germany
The purpose and scope of the data collection and the further processing and use of the data by the providers, as well as your rights in this regard and setting options for protecting your personal data, can be found in the data protection notices of the respective providers:
If you do not want the respective social medium to be able to assign your visit to our site to your respective account, you must log out of the respective service before visiting our website.
9. legal basis of the processing
Art. 6 I lit. a DSGVO serves as the legal basis for our company for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Article 6 I lit. b DSGVO. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in the case of enquiries about our products or services. If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c DSGVO. In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result their name, age, health insurance details or other vital information needed to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DSGVO. Ultimately, processing operations could be based on Art. 6 I lit. f DSGVO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis 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 are not overridden. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, he took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, second sentence of the GDPR).
10. legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DSGVO, our legitimate interest is the conduct of our business for the benefit of the welfare of all our employees and our shareholders.
11. duration for which the personal data are stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the deadline, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of the contract.
12. legal or contractual requirements to provide the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (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 obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact one of our employees. Our employee will inform 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.
13. existence of automated decision making
As a responsible company, we do not use automatic decision-making or profiling.
14. improving interaction
To improve the interaction with our visitors, we use a Java-Script plugin from uptain GmbH (“uptain-Plugin” https://www.uptain.de). This allows us to analyse your use of the website and improve our customer approach (e.g. through a dialogue window). For this purpose, we collect information about your usage behaviour, i.e. movement of the cursor, length of stay, links clicked on and, if applicable, information provided. The legal basis of the processing is our legitimate interest in direct marketing and the provision of our website (Art. 6 para. 1 lit f DSGVO). As a processor, uptain GmbH is strictly bound by our instructions. The information collected will not be disclosed to third parties unless we are required to do so by law. Insofar as the information collected by the uptain plugin contains personal data, this is deleted immediately after your visit to our website.
You can deactivate the use of the uptain plugin at any time via the following link: https://www.comscoot.com/datenschutz?__up_tracking_unsubscribe
15. Additionally asserted
In addition, the General Terms and Conditions of comscoot GmbH apply. Link to the T&Cs: comscoot.com/agb