Privacy Statement for Website Operators in accordance with GDPR
Formunauts GmbH (“Formunauts“) is delighted that you have decided to visit our website. Data protection and data security when using our website are very important to us. Therefore, at this point, we would like to inform you what kind of your personal data we will collect during your visit to our website and for what purpose they will be used.
Since amendments to laws or changes to our company’s internal procedures might necessitate adjustments to this privacy statement, we ask you to read it through regularly. The privacy statement can be accessed at any time under Privacy Statement (Disclaimer).
The Controller according to the EU General Data Protection Regulation (GDPR) and other national data protection laws of the member states as well as other data protection regulations is:
1060 Wien, Austria
Telephone (AT): +43 (0) 720 817 177
This privacy statement applies to the offer of Formunauts as well as any data processing in connection with the product donutapp, which is available under the domain https://formunauts.at, https://formunauts.com and https://donutapp.io] and various subdomains (hereinafter referred to as “our website”).
The external data protection officer of the controller is:
Dr. Daniel Stanonik LL.M. Attorney-at-law
Telephone (AT): +43 (0) 904 33 55
§ 3 Principles of data processing
Personal data are all information which belongs to an identified or identifiable natural person. Your name, your age, your address, your telephone number, your birth date, your e-mail address, your IP-address or your usage behavior belong to such personal data. Information which we cannot use to establish any personal reference to you (or which requires an undue amount of effort on our part to do so), such as anonymised information, is not considered personal data. The processing of personal data (i.a. the request, the use, the storage, the transmission etc.) always requires either a statutory legal provision or your consent.
Processed personal data will be deleted as soon as the purpose of the processing has been achieved and no legally required storage obligations are to be maintained.
If we process your personal data for the provision of certain offers, we will inform you below about the specific transactions, the scope, and purpose of the data processing, the legal basis for the processing and the respective storage duration.
§ 4 In particular, personal data will be used for the following purposes:
- Providing and use of the website – services
a. Type and scope of data processingWhile using our website, we collect the personal data that your browser automatically transmits to our server. This information is temporarily stored in a log file. When you use our website, we collect the following information that is technically necessary for us to display our website and to ensure its stability and safety:
- IP address of the requesting computer
- Date and time of access
- Name and URL of the retrieved file
- The website from which access takes place (referrer URL)
- the browser used and, if applicable, the operating system of your computer, as well as the name of your access provider
- Type of device used to access (tablet, cell phone, Laptop, etc.)
- Country from which the access is made
- Usage behavior on the websiteb. Legal basis
For the mentioned data processing Art. 6 (1) lit. f GDPR is the legal basis The processing of the aforementioned data is necessary for providing a website and hence serves the legitimate interests of our company.c. Storage time
As soon as the above-mentioned data for the display of the website are no longer required, they will be deleted, except for the measures in section 7 of this privacy statement. The collection of data for providing the website and the storage of the data in log files is essential for the operation of the website. In this case, the user has no right to object. Further storage may be made in individual cases if required by law.
- Registration / User account
a. Type and scope of data processingOn our website, we offer you the opportunity to create a user account on our website by providing personal data. You will receive by e-mail the access data to register on our website.Your registration is required to fulfill a contract with us or to carry out pre-contractual measures, as otherwise, the provision of this service by Formunauts is not possible.In the following overview you can see in detail which personal data we process from you during a registration:
- e-mail – address
- IP-addressb. Legal basisThe processing of the personal data in accordance with Art. 6 (1) lit. b GDPR is necessary for the performance of a contract between you and Formunauts or in order to take steps at the request of the data subject prior to entering into a contract.c. Storage TimeOnce the processed data for the performance of the contract are no longer required, they will be deleted. Even after the contract has been concluded, it may be necessary to store your personal data in order to comply with contractual or legal obligations. Further storage may be necessary in individual cases if required by law.d. Termination of Registration
As a user, you have the option of canceling the registration at any time. You can change the stored data about you at any time. To do this, proceed as follows: Send us an e-mail with your change request: email@example.com
If the processed data are required to fulfill a contract or to carry out pre-contractual measures, an immediate deletion of the data is only possible if this does not conflict with non-contractual or legal obligations.
a. Type and scope of data processing
On our website, you can subscribe to a free newsletter. In order to be able to send you the newsletter regularly, we need the following information from you:
- e-mail address
- first and surnameIn connection with the newsletter, there will be no transfer of your data to third parties.For the newsletter distribution, we use the double opt-in-procedure. We will only send you the newsletter, if you confirm your registration via a confirmation e-mail, sent to you for this purpose, using the link contained therein. We want to make sure that only you as the owner of the specified e-mail address can subscribe to the newsletter. Your confirmation must be sent promptly after receiving the confirmation e-mail, otherwise, your newsletter subscription will be automatically deleted from our database.b. Legal basisThe processing of your e-mail address as well as your first name and surname for the newsletter delivery is based on Art. 6 (1) lit. a GDPR on the following voluntarily granted consent:Consent:
By entering my data and pressing the button “Ready for take off”, I declare my consent to the processing of my e-mail address and my first and last name for a regular newsletter mailing. I can unsubscribe from the newsletter service at any time by clicking on the corresponding link at the end of the newsletter.The consent to the collection of the personal data collected during the registration process can be revoked at any time at firstname.lastname@example.org or Theobaldgasse 20/1/7, 1060 Wien.c. Storage timeYour e-mail address, as well as your first name and surname, will be stored as long as you have subscribed to the newsletter. After unsubscribing from the newsletter, your e-mail address will be deleted. Further storage may be made in individual cases if required by law.
- Contact form
a. Type and scope of data processing
On our website we offer you to contact us via a provided contact form. As part of the process of submitting your request via the contact form, we refer you to this privacy statement to obtain your consent. If you use the contact form, the following personal data will be processed:
- e-mail – address
- First and surname
- Your personal message providing your e-mail address is necessary for being able to assign your request and for answering to you. When using the contact form there will be no transfer of your personal data to third parties.b. Legal basis
The above data processing for the purpose of establishing is based on Art. 6 Abs 1 lit. a GDPR on the following voluntarily granted consent:Consent:
By entering my data and pressing the “Submit” button, I declare my consent to the processing of my e-mail address and my first and last name for answering my contact request. The consent to the collection of the personal data collected during the registration process can be revoked at any time at email@example.com or Theobaldgasse 20/2/7, 1060 Wien.c. Storage time
As soon as the request you have made has been completed and the relevant facts are clarified, your personal data processed via the contact form will be deleted. Further storage may be made in individual cases if required by law.
§ 5 Transfer of data
We only share your personal information with third parties if:
- you expressly consent according to Art. 6 (1) lit. a GDPR
- this is legally permissible and is according to Art. 6 (1) lit. b GDPR required to fulfill a contract
- according to Art. 6 (1) lit. c GDPR a legal obligation exists
- it is necessary for the purposes of the legitimate interests according to Art. 6 (1) lit. f GDPR, as well as to assert, exercise or defend legal claims, and there is no reason to assume that you have a predominantly legitimate interest in not disclosing your data.
§ 6 Cookies
a. Type and scope of data processing
Our website uses various types of cookies, the nature, and function of which are explained in more detail below.
Our website uses transient cookies, which are automatically deleted when you close your browser. This type of cookie allows you to record your session ID. This allows different requests from your browser to be assigned to a single session, and we can recognize your device when visiting the website later.
Our website uses persistent cookies. Persistent cookies are cookies that are stored in your browser for a longer period of time and that transmit information to us. The respective storage duration differs depending on the cookie. You can independently delete persistent cookies through your browser settings.
These cookies are required for technical reasons so that you can visit our website and use the functions offered by us. This applies, for example, to the following applications: language selection, mobile etc. In addition, these cookies contribute to the safe and correct use of the website.
With the help of these cookies, we are able to carry out an analysis of the website usage and to improve the performance and functionality of our website. For example, it collects information about how our website is used by visitors, which pages are accessed most frequently, or if error messages appear on certain pages.
b. Legal basis
c. Storage time
As soon as the data transmitted via the cookies to us are no longer necessary for the purpose described above, this information will be deleted. Further storage may be made in individual cases if required by law.
d. The configuration of the browser settings
Most browsers are pre-set to accept cookies by default. However, you can configure your browser to accept only certain or no cookies at all. We point out, however, that you may not be able to use all functions of our website if cookies are deactivated by your browser settings on our website. Using your browser settings, you can also delete cookies already stored in your browser or display the storage duration. It is also possible to set your browser to notify you before cookies are stored. Since the different browsers may differ in their respective functions, we ask that you use the respective help menu of your browser for the configuration options.
If you would like a comprehensive overview of all third-party access to your Internet browser, we recommend the installation of specially developed plug-ins.
§ 7 Tracking- and Analysetools
- Google Analytics
The information generated by these cookies, such as the time, place and frequency of your use of this website, is usually transferred to a Google server in the USA and then stored there. When using Google Analytics, it is not excluded that the cookies set by Google Analytics in addition to the IP address can also collect other personal information. We point out that Google may transfer this information to third parties, if required by law, or if third parties process this data on behalf of Google.
The information generated by cookies will be used by Google on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity and to provide other services related to website and internet usage to the website operator. The IP address transmitted by Google Analytics within the framework of Google Analytics is not combined by Google with other data provided by Google.
You can generally prevent the storage of cookies by setting your browser software accordingly. We point out, however, that in this case, you may not be able to use all functions of this website to the full extent.
It can not be excluded that the cookies set by Google Analytics can collect other personal data in addition to the IP address. In order to prevent information about your use of the website from being collected by Google Analytics and transmitted to Google Analytics, you can download and install a plugin for your browser under the following link: http://tools.google.com/dlpage/gaoptout?hl=de. This plugin prevents information about your visit to the website from being transmitted to Google Analytics. Any other analysis will not be prevented by this plugin.
By clicking on this link, a so-called opt-out cookie is set in your browser. This prevents information about your visit to the website from being transmitted to Google Analytics. Please note that the opt-out cookie is only valid for this browser and only for this domain. If you delete the cookies in this browser, the opt-out cookie will also be deleted. To continue to prevent Google Analytics tracking, you must click the link again. The use of the opt-out cookie is also possible as an alternative to the above plug-in during the use of your browser.
To ensure the best possible protection of your personal data, Google Analytics has been expanded to include the code “anonymizeIp” on this website. This code causes the last 8 bits of the IP addresses to be deleted and your IP address to be recorded anonymously (so-called IP masking). Your IP address will be shortened by Google in principle before the transfer within member states of the European Union or other parties to the Agreement on the European Economic Area and thereby anonymized. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there.
- Google AdWords
We use the technology of „Google AdWords“, especially the Conversion-Tracking. Google Conversion. Tracking is an analysing tool of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. If you click on a Google-served advertising a conversion tracking cookie will be placed on your PC. The cookies are valid for 30 days and are not for personal identification. If you visit certain pages on our website, if the cookie has not expired, Google and we, too, can recognize that you have clicked on a particular ad and have been redirected to this page. Google AdWords customers will each receive a different cookie. There is no way to track cookies through the websites of advertisers.
The data collected using the conversion cookie is used to generate conversion statistics for AdWords advertisers who use conversion tracking. Customers will be told the number of users who clicked on their ad and were then redirected to a conversion tracking tag page. However, they do not receive any information that personally identifies users.
If you do not want to participate in conversion tracking, you can prevent this by setting your browser so that a cookie installation is generally prevented. You can also disable cookies for conversion tracking by setting your browser to block only cookies from the web address “googleadservices.com”.
- Google Remarketing
This website uses Hotjar, an analysis software of Hotjar Ltd. (“Hotjar”) (http://www.hotjar.com, Level 2, St Julian’s Business Center, 3, Elia Zammit Street, St Julian’s STJ 1000, Malta, Europe). Hotjar will anonymise the interactions of randomly selected, individual visitors to our website. Because of these movements and clicks with the aim to identify possibilities for improvement of our offer are recorded. In addition, Hotjar evaluates information about the operating system, browsers, incoming and outgoing links, geographical origin, as well as the resolution and type of the website that calls our website for statistical purposes. We also offer the possibility of anonymous user feedback via Hotjar via so-called “feedback pools”. The information collected is non-personal and is stored by Hotjar Ltd. and will not transmit to other third parties. Additional information about functions and data usage via Hotjar can be found at: https://www.hotjar.com/privacy (see in particular the category “Passive Collection”). You can prevent the collection of data by Hotjar by clicking on the following link and follow the instructions here: <a href = “https://www.hotjar.com/legal/compliance/opt-out” target = “blank” > Hotjar opt-out </a>.
§ 8 Hyperlinks
Our website contains hyperlinks to external websites. If these hyperlinks are activated, you will be redirected from our website directly to the website of another provider. You will recognise this redirection from the URL and other indicators. We cannot guarantee your data will be treated as confidential on these third-party websites since we have no influence on whether these companies comply with data protection regulations. Please refer to these company’s websites directly to learn how they will treat your personal data.
§ 9 Rights of data subjects
Concerning to GDPR, the following rights arise for you as the person concerned in the processing of personal data:
- According to Art. 15 GDPR, you may request information about your personal data processed by us. In particular, they may contain information on the processing purposes, the categories of personal data, the categories of recipients to whom your data was or are being disclosed, the planned storage period, the right of rectification, deletion, limitation of processing or opposition, the existence of a right to complain, the origin of their data, if not collected from us, through a transfer to third countries or to international organizations and through the existence of automated decision-making including profiling and, where appropriate, meaningful information about their details.
- According to Art. 16 GDPR, you can immediately request the correction of incorrect or completed personal data stored by us.
- According to Art. 17 GDPR, you may request the deletion of your personal data stored with us, insofar as the processing is not for the exercise of the right to freedom of expression and information, for the compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims is required.
- According to Art. 18 GDPR you can demand the restriction of the processing of your personal data, as far as the accuracy of the data is disputed by you, the processing is unlawful, we no longer require the data and you refuse their deletion because you assert these, exercise or defense your legal claims. You are also entitled to the right under Art. 18 GDPR if you object to the processing pursuant to Art. 21 GDPR.
- According to Art. 20 GDPR, you may request to receive your personal data provided to us in a structured, common and machine-readable format or you may request the transfer to another person in charge.
- According to Art. 7 (3) GDPR, you can revoke your once given consent to us at any time. As a result, we are not allowed to continue the data processing based on this consent for the future.
- According to Art. 77 GDPR, you have the right to complain to a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence, your workplace or our company headquarters. In Austria, the supervisory authority is the data protection authority, Barichgasse 40-42, 1030 Wien, Telephone: +43 1 52 152-0, e-mail: firstname.lastname@example.org, web: dsb.gv.at.
§ 10 Right of Objection
When processing your personal data on the basis of legitimate interests in accordance with Art. 6 (1) 1 lit. f GDPR, you have the right to object to the processing of your personal data in accordance with Art. 21 GDPR, provided that there are reasons for this arising from your particular situation or the objection is directed against direct mail. In the case of direct mail, there is a general right of objection for you, which is implemented by us without specifying any particular situation.
§ 11 Data security and security measures
We are committed to protecting your privacy and keeping your personal information confidential. To avoid any manipulation, loss or misuse of your stored data, we take extensive technical and organizational security measures that are periodically reviewed and adapted to technological progress. Among other things, this includes the use of recognized encryption methods (SSL SHA256 CA). However, please note that due to the structure of the internet, it is possible that the rules of data protection and the above mentioned safety measures – taken by other persons or institutions – not within our area of our responsibility, are disregarded. In particular unencrypted provided data – e.g. provided by email – may be read by third persons. We do not have any technical influence on such fact. It is the responsibility of the user to protect the data provided by him by encoding or otherwise against misuse.