Data Protection Statement
We process your personal data exclusively within the framework of the provisions of the General Data Protection Regulation (GDPR), as well as the Data Protection Act of 2018
Note: For ease of reading, we generally use the term “data”, even when referring to personal data. Statutory provisions without reference exclusively refer to the provisions of the GDPR, unless stated otherwise.
In the following, we will inform you about the type, scope, and purpose of data collection and use, in accordance with the provisions of the GDPR.
I. NAME AND ADDRESS OF THE RESPONSIBLE PARTY (DATA CONTROLLER)
The data controller for data processing is:
SIMGUN GmbH
Ringstr. 32/2
6840 Götzis
Österreich
T +43 5523 51007
E office@simgun.com
II. PROVISION OF THE WEBSITE AND CREATION OF LOG FILES
1. Description and scope of data processing
Every time you visit our website, our system automatically collects data and information from the computer system of the accessing computer.
The following data are collected:
- Information regarding the used browser type and version
- The user’s operating system
- The user’s Internet service provider
- The user’s IP address
- Date and time of access
- Websites from which the user’s system accesses our website
The websites accessed by the user’s system via our website
2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 para. lit. f.
3. Purpose of data processing
Temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. To this end, the user’s IP address must remain stored for the duration of the session.
The data are stored in log files to ensure the website’s functionality. The data are also used to optimise the website and to ensure the security of our information technology systems. The data are not evaluated for marketing purposes in connection with this.
Our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f also lies in these purposes.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of data collection for provision of the website, this will be undertaken once the respective session has ended.
Should any data be stored in log files, these will be deleted after seven days at the latest. Further storage is possible. In this case, the user’s IP addresses will be deleted or distorted, so that assignment of the accessing client is no longer possible.
5. Options for objection and removal
The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for operation of the website.
III. USE OF COOKIES
1. Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. If a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a distinctive character string that enables unique identification of the browser when the website is accessed again.
Technically necessary cookies:
We use cookies to design our website in a more user-friendly manner. Some elements of our website require the requesting browser to be identifiable even after changing pages. The following data are stored in and transmitted by cookies:
- Hiding the information on cookies
- Accessibility settings
- Language settings (with a language switcher/languages)
- Login information (in login sections) Cookies which are not technically necessary:
We also use cookies on our website to analyse user behaviour. The following data can be transmitted:
- Search terms entered
- Frequency of page views
- Use of website functions
Technical measures are taken to pseudonymise the user data collected in this way. It is therefore no longer possible to assign the data to the accessing user. The data are not stored together with users’ other personal data. When accessing our website, an information banner informs users of the use of cookies for analytical purposes and refers them to this data protection declaration. In this context, a notice is also included as to how users can disable the storage of cookies through the browser settings.
2. Legal basis for data processing
The legal basis for the processing of your data using technically necessary cookies is Art. 6 para 1 lit. f. For cookies which are used for analysis purposes, the legal basis is, given that you have provided relevant consent, Art. 6 para 1 lit. a.
3. Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Our legitimate interest in the processing of your data in accordance with Art. 6 para 1 f. also lies in these purposes. Some features of our website cannot be offered without the use of cookies. For these functions, it is necessary that the browser is recognised even after changing the page.
The user data collected by technically necessary cookies are not used to create user profiles. The analysis cookies (which are not technically necessary) have the purpose of improving the quality of our website and its content. With the analysis cookies, we learn how the website is used and can constantly optimise our service.
4. Duration of storage and options for objection and removal
Cookies are stored on the user’s computer and transmitted to our site. Therefore, you as a user have full control of the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. There are a number of ways to manage cookies. The help button in the toolbar of most browsers shows you how to stop accepting cookies, how to receive a notification when a new cookie is set, and how to block cookies. If you block cookies, you may not be able to register, log in, or use the services to the full extent.
IV. WEB ANALYTICS SERVICES
1. Data protection provisions on the use and application of WEBALIZER
When visiting our website, data on the access are collected and stored without personal reference; these data include the browser type, date, the website from which you visited us (referrer), and time of access. We use the Webalizer software for the analyses.
On our web server, the web analytics tool Webalizer uses IP address anonymisation. The IP addresses are not displayed within the analysis tool; a personal reference can no longer be made and you as a user remain anonymous to us. The anonymised data sets are stored on our web server and solely evaluated in-house for statistical purposes.
2. Data protection provisions on the use and application of Google Analytics (with anonymisation function)
The controller has integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analytics service. Web analysis is the surveying, collecting, and analysing of data on the behaviour of visitors to websites. A web analysis service collects, among other things, data on the website from which a data subject has accessed a website (“referrer”), which sub-pages of the website have been accessed, or how often and for how long a sub-page has been viewed. A web analysis tool is mainly used to optimise a website and for cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The data controller uses the suffix “_gat._anonymizeIp” for the web analysis via Google Analytics. Using this addition, Google shortens and anonymises the IP address of the data subject when accessing our Internet pages from a Member State of the European Union or from another signatory state 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. Among other things, Google uses the data and information obtained to evaluate the use of our website, to compile online reports showing us the activities on our websites, and to provide other services related to the use of our website.
Google Analytics places a cookie on the information technology system of the data subject. Cookies have already been explained above. The placement of this cookie enables Google to analyse the use of our website. Each time one of the individual pages of this website is accessed which is operated by the data controller and on 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 obtains knowledge of personal data, such as the IP address of the data subject, which allows Google, among other things, to trace the origin of visitors and clicks and subsequently enable commission settlements.
Cookies are used to store personal information, such as the time of access, the location from which the website was accessed, and the frequency of visits to our website by the data subject. Whenever you visit our website, these personal data, including the IP address of the Internet connection used by the data subject, are transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may disclose personal data collected through the technical process to third parties.
The data subject can prevent cookies being set by our website at any time, as already described above, by using an appropriate setting of the Internet browser used and therefore permanently objecting to cookies being set. Setting the Internet browser used in this way would also prevent Google from placing 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 programmes.
Furthermore, it is possible for the data subject to object to and prevent the collection of data generated by Google Analytics relating to the use of this website and the processing of these 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 on visits to websites may be transmitted to Google Analytics. Google views the installation of the browser add-on as an objection. If the data subject’s information technology system is deleted, formatted, or reinstalled at a later time, the data subject must reinstall the browser add-on to disable Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person within his/her control, it is possible to reinstall or reactivate the browser add-on.
Additional information and Google’s privacy policy can be retrieved at https://www.google.com/policies/privacy/ and at http://www.google.com/analytics/terms.html. Google Analytics is explained in more detail at https://www.google.com/analytics/.The data will be deleted as soon as they are no longer needed for our recording purposes. In our case, this takes place after 26 months.
3. Data protection provisions on the use and application of FACEBOOK
The controller has integrated components from the Facebook company on this website. Facebook is a social network.
A social network is an Internet-based social meeting place, an online community that usually enables users to communicate with one other and interact in a virtual space. A social network can serve as a platform for the exchange of opinions and experiences or enable the Internet community to provide personal or company-related information. Facebook allows users of the social network to create private profiles, upload photos, and network via friendship requests, among other things.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. The entity responsible for the processing of personal data, if the entity in question resides outside the US or Canada, is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
On each visit to one of the individual pages of this website, which is operated by the data controller and which has integrated a Facebook component (Facebook plug-in), the relevant Facebook component causes the Internet browser on the information technology system of the data subject to automatically download from Facebook a representation of the corresponding Facebook component. An overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/. As part of this technical process, Facebook receives information about the specific sub-page of our website visited by the data subject.
If the data subject is simultaneously logged in to Facebook, Facebook recognises which specific sub-page of our website they have visited for each access of to our website and for the entire duration of the respective visit to our website. This information is collected through the Facebook component and assigned by Facebook to the appropriate Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated on our website, for example the “Like” button, or they leave a comment, Facebook assigns this information to the personal Facebook user account of the data subject and stores these personal data.
Facebook receives information via the Facebook component that the data subject has visited our website whenever they are logged in to Facebook at the same time as accessing our website; this happens regardless of whether the data subject clicks on the Facebook component or not. If data subjects do not want this information to be transmitted to Facebook, they can prevent it from being transmitted by logging out of their Facebook account before accessing our website.
The data policy published by Facebook available at https://de-de.facebook.com/about/privacy/ provides information on the collection, processing, and use of personal data by Facebook. It also explains what setting options Facebook offers to protect the privacy of the data subject. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the data subject to suppress the transfer of data to Facebook.
4. Data protection provisions on the use and application of FACEBOOK CUSTOM AUDIENCE
We use the Facebook “Custom Audience” technology, a service of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. The data collected through the integration of cookies, web beacons, or similar third-party technologies allow us to more effectively measure and design our advertisement activities on Facebook and, for example, to only display posts or advertisements to visitors to our website. We solely use cookies, web beacons, and similar proven and widely used third-party technologies to collect these data. We do not transfer lists with personal data to Facebook nor do we upload these to Facebook. The collected data will only be sent to Facebook in an encrypted form. Any personal data of individual users are not visible to us.
For more information, please visit Facebook’s data protection statement at https://www.facebook.com/about/privacy/. If you wish to object to data collection via Custom Audience, you can deactivate “Custom Audience” here.The data will be deleted as soon as they are no longer needed for our recording purposes. In our case, this will be after 180 days.
5. Data protection provisions on the use and application of YOUTUBE
The controller has integrated YouTube components on this website. YouTube is an Internet video portal that enables video publishers to post video clips and other users to view, rate, and comment on them free of charge. YouTube allows the publication of all types of videos. Complete film and television programmes, music videos, trailers, and videos produced by users themselves can therefore be called up via the Internet portal.
YouTube is operated by YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.Each time one of the individual pages of this website, which is operated by the data controller and on which a YouTube component (YouTube video) has been integrated, is accessed, the Internet browser on the information technology system of the data subject is automatically prompted by the respective YouTube component to download a display element of the corresponding component from YouTube. For more information about YouTube, please visit https://www.youtube.com/yt/about/. As part of this technical process, YouTube and Google receive information about which specific sub-page of our website was visited by the data subject.
If the data subject is logged in to YouTube at the same time, YouTube recognises which specific sub-page of our website the data subject visits when they call up a sub-page that contains a YouTube video. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google receive information via the YouTube component that the data subject has visited our website whenever the data subject is logged in to YouTube at the same time as accessing our website; this happens regardless of whether the data subject clicks on a YouTube video or not. If data subjects do not want this information to be transmitted to YouTube and Google, they can prevent it from being transmitted by logging out of their YouTube account before accessing our website.
The data protection provisions published by YouTube, which can be accessed at https://www.google.com/policies/privacy/, provide information about the collection, processing, and use of personal data by YouTube and Google.
6. Data protection provisions on the use and application of GOOGLE RECAPTCHA
On our website, we use “Google reCAPTCHA” (in the following “reCAPTCHA”). The tool is offered by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).
reCAPTCHA is used to check whether the data entered on a contact form have been entered by a human or by an automated programme. For this purpose, reCAPTCHA analyses the behaviour of the website visitor based on various characteristics; the analysis automatically starts as soon as the website visitor accesses the website. reCAPTCHA analyses and evaluates various information such as the IP address, how long the visitor remains on the website, and mouse movements made by the user. These data are transmitted to Google and processed on their servers. The analysis runs in the background, whereby visitors do not receive an indication of the processing. Occasionally, visitors are asked to solve small tasks to make sure that they are indeed human visitors.
The data processing is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in protecting its web offers, particularly against spam.
Privacy policies: https://www.google.com/policies/privacy/ and https://www.google.com/recaptcha/intro/v3beta.html
V. CONTACT FORM AND EMAIL CONTACT
1. Description and scope of data processing
Our website contains a contact form which can be used to establish electronic contact. If a user makes use of this option, the data entered in the input screen will be transmitted to us and stored. These data are:
- Full name
- Email address
- Company
- Country
- Interests
- Reason for Inquiry
- Message
We integrate the function for detecting bots, for example when making entries in online forms (“ReCaptcha”), by the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated .Alternatively, you can contact us via the email address provided. In this case, the user’s personal data which are transmitted along with the email will be stored.
The data will not be disclosed to third parties during the course of this. The data are used exclusively for processing the conversation.
2. Legal basis for data processing
The legal basis for processing the data, given that the user’s consent to this has been obtained, is Art. 6 para.1 lit. a GDPR.The legal basis for processing the data transferred in the course of sending an email is Art. 6 para.1 lit. f GDPR. If you send us an email with the intention to enter into a contract with us, this creates an additional legal basis for its processing under Art. 6 para.1 lit. b GDPR.
3. Purpose of data processing
The processing of personal data from the input screen is only used by us for processing the contact. In the event of contact by email, this also constitutes the necessary legitimate interest in processing the data.
The processing of other personal data during the sending process is carried out for the purpose of preventing the misuse of the contact form and ensuring the security of our information technology systems.
4. Duration of storage
All data are deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data from the contact form input screen and the data that were sent by email, this is the case when the respective exchange with the user has been completed. The exchange will be deemed as completed when the circumstances indicate that the matter in question has been fully resolved.Personal data which were additionally collected during the sending procedure will be deleted at the latest after a period of seven days.
5. Options for objection and removal
The user has the option of revoking his or her consent to the processing of personal data at any time. A user who has contacted us by email can object can at any time object to the storage of his or her personal data. It will not be possible to continue the conversation in this case.Please inform us of any revocation by using our e-mail address specified above. In this case, all personal data stored when establishing contact with us shall be deleted.
Google ReCaptcha opt-out: https://adssettings.google.com/authenticated.
VI. RIGHTS OF THE USER (DATA SUBJECT RIGHTS)
If your personal data are processed, you are a data subject within the meaning of the GDPR. You have the following rights vis-à-vis us as the controller:
1. Right to information
You can request information on whether we are processing personal data that concerns you.
If such processing is taking place, you can request the following information from us:
The purposes and categories of personal information that are being processed, including the recipients or categories of recipients to whom data have been or will be disclosed, as well as the planned duration of the storage of your data. If we use profiling technologies, we are obligated to provide you with meaningful information about the logic used, the scope, as well as the intended implications such processing might have for you. Furthermore, we are obligated to inform you about your right to complain to a data protection authority. You additionally have the right to request information on whether the data which concern you will be transmitted to a third-party country or an international organisation.
2. Right to rectification
You have the right to request the rectification and/or completion of your personal data if these have been processed and are incorrect or incomplete. If your complaint has valid grounds, we will rectify the data without delay.
3. Right to restriction of processing
Under the following conditions, you may request that the processing of your data be restricted:
(1) if you dispute the accuracy of the data which concern you for a period that enables us to verify the accuracy of your data;
(2) if the processing is unlawful and you refuse the deletion of your data and instead request the restriction of use;
(3) if we no longer need your data for the purpose of data processing, but you require it to assert, exercise, or defend legal claims; or
(4) if you have filed an objection to the processing of your data and it is not yet clear whether our justifiable grounds outweigh yours.
If the processing of your data has been restricted, such data – apart from being stored – may be processed only with your consent or for the purpose of asserting, exercising, or defending claims or for the protection of the rights of another natural or legal person.
If the processing has been restricted in accordance with the above conditions, you will be informed by us before the restriction is lifted.
4. Right to deletion
We are obligated to delete your data immediately if one of the following grounds applies:
(1) your data are no longer necessary for the purposes for which they were collected by us;
(2) you revoke your consent and there exists no other legal basis for data processing.
(3) You file an objection against the processing pursuant to Art. 21 para. 1 and there exist no overriding legitimate reasons for the processing on our part, or if you file an objection against the processing pursuant to Art. 21 para. 2.
(4) Your data have been processed unlawfully.
The right to deletion does not exist if processing is necessary
(1) for the performance of a legal obligation that requires processing (e.g., vis-à-vis authorities or administrative bodies), or to carry out a task in the public interest which has been assigned to us;
(2) for the assertion, exercise, or defence of legal claims.
5. Right to object
You have the right to object at any time to the processing of your personal data on the basis of Art. 6 para. 1 lit. e or f GDPR for reasons arising from your particular situation. This includes profiling based on these provisions.
We will then no longer process your data, unless we have compelling legitimate grounds for processing that outweigh your interests, rights, and freedoms, or if the processing is intended to assert, exercise, or defend legal claims.
If your data are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data that concern you for the purpose of such marketing; this also applies to profiling, insofar as it is associated with such direct marketing.
If you object to processing your data for direct marketing purposes, the data which concern you will no longer be processed for these purposes.
6. The right to revoke your consent under data protection provisions
You have the right at any time to revoke your data protection declaration of consent. The revocation does not affect the lawfulness of processing based on consent before its withdrawal.
7. Right to appeal to a data supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in accordance with § 24 et seq. Federal Data Protection Act of 2018 (BDSG 2018), if you believe that the processing of your data is in contravention of the GDPR.
The data supervisory authority shall inform the appellant of the status and results of the appeal, including the possibility of a judicial remedy.
DEACTIVATING COOKIES
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
In Mozilla Firefox, you will find the corresponding options under Settings – Privacy – Chronicle – Create according to user-defined settings.
In Google Chrome, you will find the corresponding options under Settings – Advanced Settings – Privacy – Content Settings
In Internet Explorer, you will find the corresponding options under Internet Options – Privacy – Advanced – Override automatic cookie processing
In Safari, you can find the corresponding options under Preferences – Privacy
DEACTIVATE GOOGLE ANALYTICS
You can prevent the collection of the data generated by the cookie and related to your use of the website (incl. your IP address) to Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link. You can prevent the collection by Google Analytics by clicking on the following link. An opt-out cookie will be set, which will prevent the future collection of your data when visiting this website: Deactivate Google Analytics
For more information on terms of use and data protection, please visit http://www.google.com/analytics/terms/de.html or https://www.google.de/intl/de/policies/.
The texts were partly taken from https://www.datenschutzbeauftragter-info.de.