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Terms and Conditions

Data protection

This data protection declaration explains the type, scope, and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the associated websites, functions, and content as well as external online presences, such as our social media profile. (hereinafter jointly referred to as “online offer”). With regard to the terms used, such as “processing” or “person responsible”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Responsible person

Rascor International AG
Gewerbestrasse 4
CH-8162 Steinmaur
Switzerland
Managing Director: Ruben Schmid
Link to the imprint: https://rascor.com/de/impressum

Types of data processed:

  • Inventory data (e.g., names, addresses).
  • Contact details (e.g., email, phone numbers).
  • Content data (e.g., text input, photographs, videos).
  • Usage data (e.g. websites visited, interest in content, access times).
  • Meta / communication data (e.g. device information, IP addresses).

Purpose of processing

  • Provision of the online offer, its functions, and content.
  • Answering contact inquiries and communicating with users.
  • Safety measures.
  • Reach measurement/marketing

Terms used

“Personal data” is all information that relates to an identified or identifiable natural person (hereinafter “data subject”); A natural person is regarded as identifiable who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, which express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.

“Processing” is any process carried out with or without the help of automated processes or any such series of processes in connection with personal data. The term goes far and includes practically every handling of data.

“Responsible” is the natural or legal person, authority, institution, or other body that alone or jointly with others decides on the purposes and means of processing personal data.

Relevant legal bases

If we process data from users from the EU / EEC, the following legal bases of the GDPR apply.

Otherwise, we process the data on the basis of Swiss law. In other words, in this case, the statements below apply, but on the basis of Swiss law and not the aforementioned GDPR standards.

In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Paragraph 1 lit. Answering inquiries is Art. 6 Para. 1 lit.b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit.c GDPR and the legal basis for processing to safeguard our legitimate interests is Art . 6 para. 1 lit.f GDPR. In this case,

Safety measures

We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as the changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.

Cooperation with contract processors and third parties

If we disclose data to other persons and companies (contract processors or third parties) as part of our processing, transmit them to them, or otherwise grant them access to the data, this is only done on the basis of a legal permission (e.g. if the data is transmitted to third parties, such as to payment service providers, according to Art. 6 Paragraph 1 lit.

If we commission third parties to process data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 GDPR.

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this happens in the context of the use of third-party services or disclosure or transmission of data to third parties, this will only take place if it happens to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 ff. GDPR is met. This means that processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g.

Rights of data subjects

You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

You have accordingly. Art. 16 GDPR the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.

In accordance with Art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.

You have the right to request that you receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.

In accordance with Art. 77 GDPR, you also have the right to lodge a complaint with the competent supervisory authority.

Right of withdrawal

You have the right to revoke your consent in accordance with Art. 7 Paragraph 3 GDPR with effect for the future

Right to object

You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection can in particular be made against processing for direct marketing purposes.

Cookies and the right to object to direct mail

“Cookies” are small files that are stored on the users’ computers. Various information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. Such a cookie can, for example, store the content of a shopping cart in an online shop or a login status. Cookies are referred to as “permanent” or “persistent” and remain stored even after the browser is closed. For example, the login status can be saved, when users visit them after several days. The interests of the users can also be stored in such a cookie, which is used for range measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the person responsible for operating the online offer (otherwise, if they are only their cookies, they are referred to as “first-party cookies”).

We can use temporary and permanent cookies and clarify this in the context of our data protection declaration.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US sitehttp://www.aboutads.info/choices/ or the EU pagehttp://www.youronlinechoices.com/ to be explained. Furthermore, cookies can be saved by deactivating them in the browser settings. Please note that then you may not be able to use all of the functions of this online offer.

Deletion of data

The data processed by us will be deleted or restricted in their processing in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention requirements. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be kept for commercial or tax reasons.

According to legal requirements in Germany, storage takes place in particular for 6 years in accordance with § 257 Paragraph 1 HGB (trading books, inventories, opening balances, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with § 147 Paragraph 1 AO (books, records, Management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.).

According to legal requirements in Austria, the storage takes place in particular for 7 years in accordance with § 132 paras. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, list of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio, and television services that are provided to non-entrepreneurs in EU member states and for which the mini-one-stop-shop (MOSS) is used.

Business-related processing

We also process

  • Contract data (e.g., subject of the contract, term, customer category).
  • Payment data (e.g. bank details, payment history)

by our customers, interested parties, and business partners for the purpose of providing contractual services, service, and customer care, marketing, advertising, and market research.

Hosting

The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services, and technical maintenance services that we use for the purpose of operating this online offer. We or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data from customers, interested parties, and visitors to this online offer based on our legitimate interests in an efficient and secure provision of this online offer in accordance with Art. 6 Para. 1 lit.f GDPR in conjunction with Art. 28 GDPR (conclusion of an order processing contract). 

Collection of access data and log files

We, or our hosting provider, collect data on every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Art. 6 Paragraph 1 lit. The access data includes the name of the accessed website, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.

For security reasons (e.g. to investigate acts of abuse or fraud), the log file information is stored for a maximum of 7 days and then deleted. Data, the further storage of which is necessary for evidence purposes, are excluded from deletion until the respective incident has been finally clarified.

Order processing in the online shop and customer account

We process the data of our customers as part of the order processes in our online shop in order to enable them to select and order the selected products and services, as well as their payment and delivery or execution.

The processed data includes inventory data, communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties, and other business partners. The processing takes place for the purpose of providing contractual services in the context of the operation of an online shop, billing, delivery, and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.

The processing takes place on the basis of Art. 6 Paragraph 1 lit. b (execution of order processes) and c (legally required archiving) GDPR. The information marked as necessary is required for the establishment and fulfillment of the contract. We only disclose the data to third parties in the context of delivery, payment, or in the context of legal permits and obligations to legal advisors and authorities. The data will only be processed in third countries if this is necessary to fulfill the contract (e.g. at the customer’s request for delivery or payment).

Users can optionally create a user account in which they can see their orders in particular. As part of the registration, the required mandatory information is communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention is necessary for commercial or tax reasons in accordance with Art. 6 Para. 1 lit. c GDPR. Information in the customer account remains until it is deleted with subsequent archiving in the event of a legal obligation. It is up to the users to save their data in the event of termination before the end of the contract.

As part of the registration and renewed logins as well as the use of our online services, we save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the users in protection against misuse and other unauthorized use. This data is generally not passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Article 6 (1) (c) GDPR.

The deletion takes place after the expiry of statutory warranty and comparable obligations, the necessity of storing the data is checked every three years; In the case of the statutory archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligation).

Provision of contractual services

We process inventory data (e.g., names and addresses as well as contact details of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with Art. 6 Para. 1 lit b. GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract.

When using our online services, we save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the users in protection against misuse and other unauthorized use. This data is generally not passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Article 6 (1) (c) GDPR.

We process usage data (e.g., the websites of our online offer visited, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile in order to show the user e.g. product information based on the services they have previously used.

The data is deleted after the expiry of statutory warranty and comparable obligations, the necessity of storing the data is checked every three years; In the case of the statutory archiving obligations, the deletion takes place after their expiry. Information in any customer account remains until it is deleted.

Administration, financial accounting, office organization, contact management

We process data in the context of administrative tasks as well as the organization of our operations, financial accounting, and compliance with legal obligations, such as archiving. We process the same data that we process in the context of providing our contractual services. The processing bases are Article 6 Paragraph 1 lit. DSGVO, Art. 6 Para. 1 lit. f. DSGVO. Customers, interested parties, business partners, and website visitors are affected by the processing. The purpose and our interest in processing lie in administration, financial accounting, office organization, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services.

We disclose or transmit data to the financial administration, consultants, such as tax consultants or auditors, as well as other fee offices and payment service providers.

Furthermore, on the basis of our business interests, we store information on suppliers, organizers, and other business partners, e.g. for the purpose of later contact. We generally store this mostly company-related data permanently.

Data protection information in the application process

We process the applicant data only for the purpose and within the scope of the application process in accordance with the legal requirements. The processing of the applicant data takes place in order to fulfill our (pre) contractual obligations within the scope of the application procedure within the meaning of Art. 6 Paragraph 1 lit. b. GDPR Art. 6 Paragraph 1 lit.

The application process requires that applicants provide us with the applicant data. If we offer an online form, the necessary applicant data is marked, otherwise, it results from the job description and generally includes personal details, postal and contact addresses, and the documents belonging to the application, such as cover letter, curriculum vitae, and certificates. In addition, applicants can voluntarily provide us with additional information.

By submitting the application to us, the applicant’s consent to the processing of their data for the purposes of the application process is in accordance with the type and scope set out in this data protection declaration.

Insofar as special categories of personal data within the meaning of Art. 9 Paragraph 1 GDPR are voluntarily communicated during the application process, they are also processed in accordance with Art. 9 Paragraph 2 lit. b GDPR (e.g. health data, such as severely disabled status or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 Paragraph 1 GDPR are requested from applicants during the application process, they are also processed in accordance with Art. 9 Paragraph 2 lit. are).

If made available, applicants can submit their applications to us using an online form on our website. The data is encrypted and transmitted to us in accordance with the state of the art.
Applicants can also send us their applications via email. Please note, however, that e-mails are generally not sent in encrypted form and that the applicants themselves must ensure that they are encrypted. We can therefore not assume any responsibility for the transmission path of the application between the sender and receipt on our server and therefore recommend using an online form or sending it by post. Because instead of applying via the online form and email, applicants still have the option of sending us their application by post.

The data provided by the applicants can be further processed by us in the event of a successful application for the purposes of the employment relationship. Otherwise, if the application for a job offer is unsuccessful, the applicant’s data will be deleted. The applicant’s data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time.

The deletion takes place, subject to a justified revocation of the applicants, after the expiry of a period of six months so that we can answer any follow-up questions about the application and meet our obligations to provide evidence under the Equal Treatment Act. Invoices for any reimbursement of travel expenses are archived in accordance with tax law requirements.

Contact

When contacting us (e.g. via the contact form, email, telephone, or via social media), the information provided by the user is processed in order to process the contact request and to process it in accordance with Art. 6 Paragraph 1 lit. b) GDPR. The information provided by the users can be stored in a customer relationship management system (“CRM system”) or a comparable request organization.

We delete the inquiries if they are no longer required. We review the requirement every two years; The statutory archiving obligations also apply.

Online presence in social media

We maintain an online presence within social networks and platforms in order to be able to communicate with the customers, interested parties, and users active there and to inform them about our services. When calling up the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply. Unless otherwise stated in our data protection declaration, we process the data of the users as long as they communicate with us within the social networks and platforms, e.g. write articles on our online presence or send us messages. 

Integration of services and content from third parties

We use content or service offers from third-party providers within our online offer based on our legitimate interests (i.e. interest in the analysis, optimization, and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. Integrate services such as videos or fonts (hereinafter uniformly referred to as “content”). 

This always presupposes that the third-party providers of this content perceive the IP address of the user since they would not be able to send the content to their browser without the IP address. The IP address is therefore required to display this content. We strive to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website.

Youtube

We embed the videos from the “YouTube” platform provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection: https://www.google.com/policies/privacy/ , opt-out: https://adssettings.google.com/authenticated .

Use of Facebook social plugins

On the basis of our legitimate interests (ie interest in the analysis, optimization, and economic operation of our online offer within the meaning of Art. 6 Paragraph 1 lit. operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland (“Facebook”). The plugins can display interaction elements or content (e.g. videos, graphics, or text contributions) and can be recognized by one of the Facebook logos (white “f” on a blue tile, the terms “like”, “like” or a “thumbs up” sign ) or are marked with the addition “Facebook Social Plugin”. The list and the appearance of the Facebook social plugins can be viewed here:https://developers.facebook.com/docs/plugins/.

Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee that it will comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active ).

When a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection with the Facebook servers. The content of the plug-in is transmitted directly from Facebook to the user’s device, which integrates it into the online offer. In doing so, user profiles can be created from the processed data. We, therefore, have no influence on the amount of data that Facebook collects with the help of this plugin and therefore inform users according to our level of knowledge.

By integrating the plugins, Facebook receives the information that a user has called up the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his Facebook account. When users interact with the plugins, for example by pressing the Like button or making a comment, the relevant information is transmitted directly from your device to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out his IP address and save it. According to Facebook, only an anonymized IP address is saved in Germany.

The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as the related rights and setting options to protect the privacy of users can be found in Facebook’s data protection information: https://www.facebook.com/about/privacy/.

If a user is a Facebook member and does not want Facebook to collect data about him via this online offer and link it to his member data stored on Facebook, he must log out of Facebook before using our online offer and delete his cookies. Further settings and contradictions to the use of data for advertising purposes are possible within the Facebook profile settings:https://www.facebook.com/settings?tab=ads  or via the US sitehttp://www.aboutads.info/choices/  or the EU pagehttp://www.youronlinechoices.com/. The settings are platform-independent, ie they are adopted for all devices such as desktop computers or mobile devices.