1. Personal data
1.1. Attorney Dr. Oliver Peschel (hereinafter referred to simply as “lawyer” or “attorney”) collects, processes and uses your personal data only with your consent or mandate or order for the purposes agreed with you or if there is another legal basis in accordance with the DSGVO – this in compliance with data protection and civil law provisions. This applies to data from the websites www.peschel.at, www.easybrands.at and other data within the contractual relationship.
1.2. We only collect personal data that is necessary for the execution and processing of our legal services or that you have voluntarily made available to us.
1.3. Personal data are all data that contain details about personal or factual circumstances, such as name, address, e-mail address, telephone number, date of birth, age, gender, social security number, video recordings, photos, voice recordings of persons and biometric data such as fingerprints. Sensitive data, such as health data or data related to criminal proceedings, may also be included.
2. Rights concerned
2.1. As a client or as a person affected in general, you have the right – subject to the lawyer’s obligation to secrecy – at any time to information about your stored personal data, their origin, recipient and the purpose of the data processing as well as a right to correction, data transmission, objection, restriction of processing as well as blocking or deletion of incorrect or inadmissibly processed data.
2.2. If there are any changes to your personal data, please inform us accordingly.
2.3. You have the right to revoke your consent to the use of your personal data at any time. You also have the right to access, cancel, rectify, limit, oppose and/or transmit data, in the latter case, provided that this does not involve a disproportionate effort.
2.4. If you are of the opinion that the processing of your personal data by us violates the applicable data protection law or your data protection claims have been violated in any other way, there is the possibility of complaining to the responsible supervisory authority. In Austria, the competent data protection authority is: Österreichische Datenschutzbehörde, Barichgasse 40-42, 1030 Vienna, telephone: +43 1 52 152-0, e-mail: firstname.lastname@example.org.
3. Data security
3.1. The protection of your personal data takes place through appropriate organisational and technical precautions. These measures concern in particular protection against unauthorised, unlawful or accidental access, processing, loss, use and manipulation.
3.2. Notwithstanding our efforts to maintain a reasonably high standard of care at all times, it cannot be excluded that information you disclose to us via the Internet may be viewed and used by others.
3.3. Please note that we therefore accept no liability whatsoever for the disclosure of information due to errors in data transmission not caused by us and/or unauthorised access by third parties (e.g. hacking of email accounts or telephone, interception of faxes).
4. Use of data
4.1. We will not process the data provided to us for purposes other than those covered by the mandate agreement or by your consent or otherwise by any provision in accordance with the DSGVO. Excluded from this is the use for statistical purposes, provided that the data provided has been anonymized.
4.2. We point out that for the purpose of the purchase process on www.easybrands.at and for later contract processing within the framework of cookies the IP data of the connection owner are stored, as well as name, address, date of birth and payment details (credit card number, account number, Paypal/Stripe account etc) of the buyer. In addition, the following data is also stored by us for the purpose of contract processing: all brand details and registration information.
4.3. The data provided by you is necessary for the fulfilment of the contract or for the implementation of precontractual measures. Without these data we cannot conclude the contract with you. The data is transferred to the IT service providers used, the payment details (credit card number, account number, Paypal/Stripe account etc) are transferred to the processing bank institutes / payment service providers for the purpose of debiting the purchase price and to our tax consultant for the fulfilment of our tax obligations.
5. Transmission of data
5.1. In order to fulfil your order, it may also be necessary to pass on your data to third parties (e.g. counterpar-ties, substitutes, insurance companies, service providers which we use and to whom we make data available, etc.), courts or authorities. Your data will be forwarded exclusively on the basis of the DSGVO, in particular to fulfil your order or on the basis of your prior consent.
5.2. Furthermore, we inform you that within the framework of our legal representation and support, factual and case-related information is regularly obtained from third parties.
5.3. Some of the above-mentioned recipients of your personal data are located outside your country or process your personal data there. The level of data protection in other countries may not be the same as in Austria. However, we will only transfer your personal data to countries for which the EU Commission has decided that they have an adequate level of data protection or we will take measures to ensure that all recipients have an adequate level of data protection by concluding standard contractual clauses (2010/87/EC and/or 2004/915/EC).
6. Disclosure of data glitches
6.1. We make every effort to ensure that data breakdowns are detected at an early stage and, if necessary, reported immediately to you or the responsible supervisory authority, taking into account the respective data categories affected.
7. Retention of data
7.1. We will not store data for longer than is necessary to fulfil our contractual or legal obligations and to ward off any liability claims.
8.1. This website uses “cookies” to make our website more user-friendly, effective and secure.
8.2. A “cookie” is a small text file that we transmit via our web server to the cookie file of the browser on the hard drive of your computer. This enables our website to recognize you as a user when a connection is established between our web server and your browser. Cookies help us to determine the frequency of use and the number of users of our Internet pages. The content of the cookies used by us is limited to an identification number that no longer allows any personal reference to the user. The main purpose of a cookie is to recognize visitors to the site.
8.3. Two types of cookies are used on this website:
8.3.1. Session cookies: These are temporary cookies that remain in the cookie file of your browser until you leave our website and are automatically deleted at the end of your visit.
8.3.2. Persistent cookies: For better usability, cookies remain stored on your end device and allow us to recognize your browser the next time you visit.
8.4. You can set your browser so that you are informed when cookies are set and only allow cookies in individ-ual cases, accept cookies for specific cases or generally exclude them and activate automatic deletion of cookies when the browser is closed. If cookies are deactivated, the functionality of this website may be restricted.
9. Web analysis
9.1. Our website uses functions of the web analysis service Google Analytics, a web analysis service of Google Inc. (“Google”) based in the USA. Cookies are used for this purpose, which enable an analysis of the use of the website by your users. The information generated in this way is transferred to the provider’s server in the USA and stored there.
9.2. You can prevent this by setting your browser so that no cookies are stored. However, we would like to point out that in this case you may not be able to use all the functions of the website to their full extent.
9.3. We have concluded a corresponding contract with the provider for order data processing.
9.4. Your IP address is recorded, but immediately pseudonymised (e.g. by deleting the last 8 bits). This means that only a rough localization is possible.
9.5. Data processing is based on the legal provisions of § 96 Para. 3 TKG and Art. 6 Para. 1 lit a (consent) and/or f (legitimate interest) of the DSGVO.
9.6. Our concern in the sense of the DSGVO (justified interest) is the improvement of our offer and our web appearance. Since the privacy of our users is important to us, the user data is pseudonymised.
10. Server log files
10.1. In order to optimize this website with regard to system performance, user-friendliness and the provision of useful information about our services, the provider of the website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. This includes your Internet protocol address (IP address), browser and language settings, operating system, referrer URL, your Internet service provider and date/time.
10.2. This data will not be merged with personal data sources. We reserve the right to subsequently check this data if we become aware of concrete indications of illegal use.
11.1. You have the possibility to subscribe to our newsletter via our website. For this purpose, we need your email address and your declaration that you agree to receive the newsletter. We reserve the right to activate or deactivate the possibility of a newsletter relationship at any time.
11.2. Once you have subscribed to the newsletter, we will send you a confirmation email with a link to confirm your subscription.
11.3. You can cancel your subscription to the newsletter at any time. Please send your cancellation to the following e-mail address: email@example.com. We will then immediately delete your data in connection with the newsletter dispatch. This revocation shall not affect the lawfulness of the processing carried out on the basis of the consent up to the revocation.
12. Our contact details and final clause
12.2. The protection of your data is particularly important to us. We are for you under the contact data specified below for your questions or your revocation reachable.
Law Firm Dr. Oliver Peschel
Karmeliterplatz 1/2, A-1020 Vienna