Privacy policy

Information on Data Processing pursuant to Articles 13 and 14 of the EU General Data Protection Regulation (GDPR) – as of November 2023

We hereby inform you about the processing of your personal data and your rights and entitlements under data protection law. The content and scope of data processing are determined primarily by the products and services you have applied for or agreed upon with us.

1. Who is responsible for data processing and who can I contact?

The party responsible for data processing is:
Gerhard Kempf Grafikdesign
Moosstraße 23/5
5201 Seekirchen am Wallersee
AUSTRIA

Contact:
Tel.:+43 664 1530763
E-Mail: office@kempf-grafik.at

2. Which data are processed and from which sources do these data originate?

We process personal data that we receive from you or from a partner commissioned by you (sales companies, dealers) in the course of our business relationship. In addition, we process data that we have lawfully obtained from publicly accessible sources (e.g. company register, association register, land register, media). Personal data include your personal details (such as company name, title, first name, last name, country, address, email address and telephone number, delivery addresses, etc.).

3. For what purposes and on what legal basis are the data processed?

We process your personal data in accordance with the provisions of the EU General Data Protection Regulation (GDPR) and the Austrian Data Protection Act 2018.

For the performance of contractual obligations (Art. 6(1)(b) GDPR):
The processing of your personal data (Art. 4 No. 2 GDPR) is carried out for the sale of products and the provision of services, in particular for the execution of orders and inquiries you have placed with us. The scope of data processing depends primarily on the specific product requested by you and may include, among other things, needs analyses, consultation, as well as the execution of product testing, product orders, product manufacturing, and product deliveries.

For compliance with legal obligations (Art. 6(1)(c) GDPR):
Processing of personal data may be necessary for the purpose of fulfilling various legal obligations and regulatory requirements to which Gerhard Kempf Grafikdesign, as an Austrian company, is subject. Examples include:

– Required reports to the tax authorities and retention of tax-relevant documents

On the basis of your consent (Art. 6(1)(a) GDPR):
If you have given us your consent to process your personal data, processing will only take place for the purposes specified in the consent declaration and to the extent agreed therein. You may revoke your consent at any time without giving reasons, with effect for the future.

For the protection of legitimate interests (Art. 6(1)(f) GDPR):
Where necessary, data processing may take place beyond the actual fulfillment of the contract to protect the legitimate interests of Gerhard Kempf Grafikdesign or third parties, following a balancing of interests. In particular, this may include:

– Consultation and data exchange with credit agencies and financial institutions to assess creditworthiness and default risks
– Consultation and data exchange with debt collection companies for the collection of legitimate claims
– Review and optimization of processes for needs analysis and direct customer communication
– Direct advertising, provided you have not objected to the use of your data pursuant to Art. 21 GDPR
– Handling of complaints
– Measures for business management, further development of services and products, and customer retention
– Measures to protect employees and customers
– Assertion of our legal interests

4. Who receives your data?

Within Gerhard Kempf Grafikdesign, only those departments or employees receive your data who need them to fulfill our contractual, legal, and regulatory obligations or to protect legitimate interests.

In addition, we transfer your data to processors commissioned by us, which may include:

– IT and hosting service providers who administer our IT systems and provide storage media
– Financial institutions for processing payment transactions for orders
– Back-office service providers for handling advertising mailings
– Suppliers for processing product orders
– Transport companies for shipping ordered goods
– Partner companies, insofar as they require your data to process your order
– Public authorities and institutions (tax offices, authorities), where there is a legal or regulatory obligation to do so

All processors and sales partners are contractually obligated to process your data only within the scope of their services and in accordance with applicable data protection regulations.

5. How long are your data stored?

We store your personal data, insofar as necessary, for the duration of the entire business relationship (from initiation and processing to termination of a contract) and beyond that in accordance with statutory retention and documentation obligations, which arise, among other things, from the Austrian Commercial Code (UGB) and the Federal Fiscal Code (BAO). Personal data of customers from orders are stored for 7 years in accordance with current regulations. In addition, statutory limitation periods must be taken into account, which in certain cases under the Austrian Civil Code (ABGB) may be up to 30 years (the general limitation period is 3 years). If you have given us your consent to personal support and to receiving information about our products and offers, we will store your data until you revoke this consent.

6. What data protection rights do you have?

You have the right at any time to obtain information about the type and scope of your processed data, as well as the right to rectification, erasure, or restriction of processing, the right to object to processing, and the right to data portability, in accordance with data protection law. If you believe that we are violating Austrian or European data protection law when processing your data, we kindly ask you to contact us so that we can address your concerns. You may also lodge a complaint with the competent data protection authority.

Austrian Data Protection Authority
Wickenburggasse 8–10
1080 Vienna

7. Are you obliged to provide data?

Within the scope of the business relationship, you must provide the personal data that are necessary for the establishment and execution of the business relationship and that we are legally obliged to collect. If you do not provide these data, we will generally have to refuse to conclude the contract or execute the order, or we may have to terminate an existing contractual relationship.

8. Server data

For technical reasons, in particular to ensure a secure and stable website, data are transmitted by your internet browser to us or to our web hosting provider. These so-called server log files include, among other things, the type and version of your internet browser, the operating system, the website from which you accessed our website (referrer URL), the pages of our website you visit, the date and time of access, and the IP address of the internet connection from which our website is accessed.

These data are stored temporarily and are not combined with other personal data.

This storage is based on Art. 6(1)(f) GDPR. Our legitimate interest lies in improving the stability, functionality, and security of our website.

The data are deleted no later than seven days after collection, unless further retention is required for evidentiary purposes. In such cases, the data are exempt from deletion in whole or in part until the incident has been conclusively clarified.

9. Cookies

a) Session cookies
We use so-called cookies on our website. Cookies are small text files or other storage technologies that are placed and stored on your device by your internet browser. These cookies process certain information about you to an individual extent, such as browser or location data or your IP address.

This processing makes our website more user-friendly, effective, and secure, for example by enabling the display of our website in different languages or providing a shopping cart function.

The legal basis for this processing is Art. 6(1)(b) GDPR, insofar as these cookies process data for contract initiation or contract performance. If processing does not serve contract initiation or performance, our legitimate interest lies in improving the functionality of our website. In this case, the legal basis is Art. 6(1)(f) GDPR.

Session cookies are deleted when you close your internet browser.

b) Third-party cookies
Our website may also use cookies from partner companies with whom we cooperate for advertising, analysis, or functionality purposes.

Details on this, in particular regarding the purposes and legal bases for the processing of such third-party cookies, can be found in the information below.

c) Option to disable cookies
You can prevent or restrict the installation of cookies by adjusting the settings of your internet browser. You can also delete cookies that have already been stored at any time. The steps and measures required depend on the internet browser you use. If you have questions, please use the help function or documentation of your browser or contact the manufacturer or support service. In the case of so-called Flash cookies, processing cannot be prevented via browser settings; instead, you must change the settings of your Flash player. The steps required also depend on the Flash player you use. Please refer to the relevant help or documentation or contact the manufacturer or user support.

Please note that preventing or restricting cookies may result in not all functions of our website being fully usable.

10. Contact inquiries / contact options

If you contact us by email, the data you provide will be used to process your inquiry. Providing these data is necessary to process and respond to your inquiry; without them, we cannot respond or can only respond in a limited manner. The legal basis for this processing is Art. 6(1)(b) GDPR. Your data will be deleted once your inquiry has been conclusively answered and provided that no statutory retention obligations prevent deletion, for example in the case of subsequent contract processing.

11. Amendment of information pursuant to Arts. 13/14 GDPR
Please note that we may need to amend this information on data processing pursuant to Arts. 13/14 GDPR as required.