Data protection declaration

Data protection declaration

of Food Essentials e.U.

We are very delighted that you have shown interest in our offers. Data protection is of a particularly high priority for us. The use of the Internet pages of Food Essentials e.U. is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via my 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.

The processing of personal data, such as the name, address, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to Food Essentials e.U.. By means of this data protection declaration, we would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
 

As the controller, the Food Essentials e.U. has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

1. Definitions

The data protection declaration of Food Essentials e.U. is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). My data protection declaration should be legible and understandable for the general public, as well as my customers and business partners. To ensure this, I would like to first explain the terminology used.

We use, inter alia, the following terms in this privacy policy:

• a) Personal dataPersonal data means any information relating to an identified or identifiable natural person (‘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) Data subjectData subject is any identified or identifiable natural person whose personal data is processed by the controller.
• c) ProcessingProcessing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, retrieval, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
• d) Restriction of processingRestriction of processing is the marking of stored personal data with the aim of limiting its processing in the future.
   
• e) Profiling: Profiling is any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
   
• (f) Pseudonymisation: 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 to ensure that the personal data are not attributed to an identified or identifiable natural person.
   
• g) Controller or controller responsible for the processingController or controller responsible for the 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 nomination may be provided for by Union or Member State law.
   
• h) Processor: A processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
• i) Recipient: A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, regardless of whether or not it is a third party. However, authorities which may receive personal data in the context of a specific investigation task under Union or Member State law shall not be considered as recipients.
• j) Third party: A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorised to process the personal data.
   
• k) Consent: Consent is any voluntary, informed and unequivocal expression by the data subject of his or her wishes in the particular case, in the form of a statement or other unequivocal affirmative act, indicating that he or she consents to the processing of personal data relating to him or her.

2. Name and address of the controller

The person responsible within the meaning of the General Data Protection Regulation, other data protection laws in force in the Member States of the European Union and other provisions of a data protection nature is:

Food Essentials e.U.
Owner: Dipl.-Ing. (FH) Andreas Dieter Gebhart

Franz-Kurz.-Str. 6 / H06
4052 Ansfelden
Österreich

Mobile.: +43 (0) 660 1643 777
E-Mail: info@food-essentials.at
Website: www.food-essentials.at

3. Cookies

The Food Essentials e.U. website does not use cookies.

4. Collection of general data and information

The Food Essentials e.U. website collects a range of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server's log files. The following can be recorded: (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 that are accessed via an accessing system on my 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) any other similar data and information that may be used in the event of attacks on my information technology systems.

When using these general data and information, Food Essentials e.U. does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of my website correctly, (2) optimise the content of my website as well as its advertisement, (3) ensure the long-term viability of my information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. This anonymously collected data and information is therefore statistically and further evaluated by Food Essentials e.U. with the aim of increasing data protection and data security in my company in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
 

5. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose no longer applies or if a storage period prescribed by the European directive and regulation giver or any other competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

6. Rights of the data subject

• a) Right to confirmationEach data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact the controller.
   
• b) Right of accessEach data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directive and regulation giver has granted the data subject access to the following information: Furthermore, the data subject has a right of access as to whether personal data has been transmitted to a third country or to an international organisation. If this is the case, the data subject also has the right to receive information about the appropriate safeguards relating to the transfer of the data. If a data subject wishes to exercise this right of access, they can contact the controller at any time.
  • The purposes of the processing
  • The categories of personal data concerned
     
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
  • if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining that duration
     
  • the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
  • the right to lodge a complaint with a supervisory authority
  • where the personal data are not collected from the data subject, any available information as to their source
     
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
     
• c) Right to rectificationEach data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right, under consideration of 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, they can contact the controller at any time.
   
• d) Right to erasure (Right to be forgotten) Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary: If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Food Essentials e.U., he or she may, at any time, contact the controller. Food Essentials e.U. will arrange for the erasure request to be complied with immediately. If the personal data has been made public by Food Essentials e.U. and if Food Essentials e.U. is responsible for deleting personal data in accordance with Art. 17 para. 1 DS-GMO, Food Essentials e.U. taking into account available technology and implementation costs, take appropriate measures, including technical measures, to inform other data controllers processing the published personal data that the data subject has requested that these other data controllers delete all links to this personal data or copies or replications of this personal data, unless the processing is necessary. Food Essentials e.U. will take the necessary steps in individual cases.
  • The personal data were collected for such purposes or processed in such a way that they are no longer necessary.
     
  • The data subject withdraws their consent on which the processing was based according to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR and there is no other legal ground for the processing.
     
  • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
  • The personal data have been unlawfully processed.
     
  • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
     
• e) Right to restriction of processingEach data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following conditions applies:If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Food Essentials e.U., , they may contact the controller at any time. Food Essentials e.U. will arrange for the processing to be restricted.
  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
     
  • The processing is unlawful, the data subject refuses to delete the personal data and instead requests that the use of the personal data be restricted.
     
  • The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to exercise or defend their rights or to establish, exercise or defend legal claims.
  • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
     
• f) Right to data portabilityEach data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. 6 (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, in exercising their right to data portability under Article 20 para. 1 DS-GVO, the right to obtain that the personal data be transferred directly from one responsible party to another responsible party, insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other persons.To assert the right to data transferability, the person concerned can contact Food Essentials e.U. at any time.
   
• g) Right to objectEach data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.Food Essentials e.U. will 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 establishment, exercise or defence of legal claims.If Food Essentials e.U. processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Food Essentials e.U. processing for direct marketing purposes, Food Essentials e.U. will no longer process the personal data for these purposes. In addition, the data subject has the right to object, for reasons arising from their particular situation, to the processing of personal data concerning them that is carried out by Food Essentials e.U. for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 DS-GVO, to object, unless such processing is necessary to fulfil a task in the public interest. To exercise the right of objection, the person concerned may contact Food Essentials e.U. directly. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
   
• h) Automated individual decision-making, including profilingEach data subject shall have the right granted by the European legislator 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 a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on 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 a data controller, or (2) it is based on the data subject's explicit consent, Food Essentials e.U. shall appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, which include at least the right to obtain the intervention of a person by the controller, to express his or her point of view and to contest the decision. If the data subject wishes to exercise rights relating to automated decisions, he or she may, at any time, contact the controller.
   
• i) Right to withdraw data protection consentEach data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Sympany AG.

7. legal basis for processing

Art. 6 I lit. a DS-GVO serves my company as the legal basis 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 party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning my products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to my company were to be injured and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GMO. Ultimately, processing operations could be based on Article 6(1)(f) of the GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, sentence 2, GDPR).

8. Legitimate interests in the processing being pursued by the controller or a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favour of the well-being of all our employees and the shareholders.

9. Period for which the personal data will be stored

The criterion for the duration of the storage of personal data is the respective legal retention period. After the deadline, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of the contract.
 

10. legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing it

We will inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for the conclusion of a contract that a data subject provides us with personal data that we must subsequently process. For example, the data subject is obliged to provide us with personal data if my 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 personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject 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 the consequences of non-provision of the personal data.

11. Existence of automated decision-making

As a responsible entrepreneur, I do not use automatic decision-making or profiling.

This Privacy Policy has been generated by the Privacy Policy Generator of the German Association for Data Protection that was developed in cooperation with Privacy Lawyers from WILDE BEUGER SOLMECKE, Cologne.

14. Languages: 

The German version of these Data protection declaration is the legally binding version. The English translation is provided for information purposes only. In the event of contradictions or questions of interpretation, only the German version is binding.