Privacy policy

1.      Introduction

1.1    I am committed to safeguarding the privacy of my website visitors and service users.

1.2    This policy applies where I am acting as a data controller with respect to the personal data of my website visitors and service users; in other words, where I determine the purposes and means of the processing of that personal data.

1.3    I use cookies on my website. Insofar as those cookies are not strictly necessary for the provision of my website and services, I will ask you to consent to my use of cookies when you first visit my website.

2.      Credit

2.1    This document was created using a template from SEQ Legal.

3.      How I use your personal data

3.1    In this Section 3 I have set out:

(a)    the general categories of personal data that I may process;

(b)    in the case of personal data that I did not obtain directly from you, the source and specific categories of that data;

(c)    the purposes for which I may process personal data; and

(d)    the legal bases of the processing.

3.2    I may process data about your use of my website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is my analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is consent OR my legitimate interests, namely monitoring and improving my website and services OR to prevent copyright infringement.

3.3    I may process information that you post for publication on my website or through my services ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering my website and services. The legal basis for this processing is consent OR my legitimate interests, namely the proper administration of my website and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

3.4    I may process information contained in any enquiry you submit to me regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent OR my legitimate interests, namely the proper administration of my website and business OR the performance of a contract between you and me and/or the taking steps, at your request, to enter into such a contract.

3.5    I may process information relating to transactions, including purchases of goods and/or services, that you enter into with me and/or through my website ("transaction data"). The transaction data may include your contact details, your card details and the transaction details. The source of the transaction data is you and/or my payment services provider. The transaction data may be processed for the purpose of supplying the purchased goods and/or services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and me and/or taking steps, at your request, to enter into such a contract; providing that, if you are not the person contracting with me, the legal basis for this processing is my legitimate interests, namely the proper administration of my website and business.

3.6    I may process information that you provide to me for the purpose of subscribing to my email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent OR my legitimate interests, namely communications with my website visitors and service users OR the performance of a contract between you and me and/or taking steps, at your request, to enter into such a contract.

3.7    I may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is my legitimate interests, namely the protection and assertion of my legal rights, your legal rights and the legal rights of others.

3.8  I may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is my legitimate interests, namely the proper protection of my business against risks.

3.9  In addition to the specific purposes for which I may process your personal data set out in this Section 3, I may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which I am subject, or in order to protect your vital interests or the vital interests of another natural person.

3.10  Please do not supply any other person's personal data to me, unless I prompt you to do so.

 

4.      Providing your personal data to others

4.1    I may disclose your personal data to my insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4.2    Your personal data held in my personal database will be stored on the servers of my hosting services providers (www.squarespace.com).

4.3    In addition to the specific disclosures of personal data set out in this Section 4, I may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which I am subject, or in order to protect your vital interests or the vital interests of another natural person. I may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

5.      International transfers of your personal data

5.1    In this Section 5, I provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).

5.2    The hosting facilities (Squarespace.com) for my website are situated in the United States. The European Commission has made an "adequacy decision" with respect to the data protection laws of the United States. Transfers to the United States will be protected by appropriate safeguards.

5.3    The website traffic analyst (Google.com) is situated in the United States. The European Commission has made an "adequacy decision" with respect to the data protection laws of the United States. Transfers to the United States will be protected by appropriate safeguards.

5.4    You acknowledge that personal data that you submit for publication through my website or services may be available, via the internet, around the world. I cannot prevent the use (or misuse) of such personal data by others.

6.      Retaining and deleting personal data

6.1    This Section 6 sets out my data retention policies and procedure, which are designed to help ensure that I comply with my legal obligations in relation to the retention and deletion of personal data.

6.2    Personal data that I process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6.3    I will retain your personal data as follows:

(a)    Usage data will be retained for a minimum period of 5 years following the date of collection, and for a maximum period of 15 years following that date;

(b)    Publication data will be retained for a minimum period of 5 years following the date when the relevant publication ceases to be published on my website or through my services, and for a maximum period of 10 years following that date];

(c)    Enquiry data will be retained for a minimum period of 5 years following the date of the enquiry, and for a maximum period of 10 years following that date;

(d)    Transaction data will be retained for a minimum period of 7 years following the date of the transaction, and for a maximum period of 10 years following that date;

(e)    Notification data will be retained for a minimum period of 1 year following the date that I am instructed to cease sending the notifications, and for a maximum period of 3 years following that date (providing that I will retain notification data insofar as necessary to fulfil any request you make to actively suppress notifications)]; and

6.4    Notwithstanding the other provisions of this Section 6, I may retain your personal data where such retention is necessary for compliance with a legal obligation to which I am subject, or in order to protect your vital interests or the vital interests of another natural person.

7.      Your rights

7.1    In this Section 7, I have listed the rights that you have under data protection law.

7.2    Your principal rights under data protection law are:

(a)    the right to access - you can ask for copies of your personal data;

(b)    the right to rectification - you can ask me to rectify inaccurate personal data and to complete incomplete personal data;

(c)    the right to erasure - you can ask me to erase your personal data;

(d)    the right to restrict processing - you can ask me to restrict the processing of your personal data;

(e)    the right to object to processing - you can object to the processing of your personal data;

(f)     the right to data portability - you can ask that I transfer your personal data to another organisation or to you;

(g)    the right to complain to a supervisory authority - you can complain about my processing of your personal data; and

(h)    the right to withdraw consent - to the extent that the legal basis of my processing of your personal data is consent, you can withdraw that consent.

7.3    These rights are subject to certain limitations and exceptions. You can learn more about the rights of data subjects by visiting https://gdpr.eu.

7.4    You may exercise any of your rights in relation to your personal data by written notice to me, using the contact details set out below.

8.      About cookies

8.1    A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

8.2    Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

8.3    Cookies do not typically contain any information that personally identifies a user, but personal data that I store about you may be linked to the information stored in and obtained from cookies.

9.      Cookies that I use

9.1    I use cookies for the following purposes:

(a)    Authentication and status - I use cookies to identify you when you visit my website and as you navigate my website, and to determine if you are logged into the website; See more under article 10.

(b)    Personalisation – I do not use cookies to store information about your preferences and to personalise the website for you; See more under article 10.

(c)    Security - I use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect my website and services generally; See more under article 10.

(d)    Advertising – I do not use cookies to help me to display advertisements that will be relevant to you; See more under article 10.

(e)    Analysis - I use cookies to help me to analyse the use and performance of my website and services. These cookies are set and processed by squarespace.com and google.com. See more under article 10.

(f)     Cookie consent - I use cookies to store your preferences in relation to the use of cookies more generally. See more under article 10.

(g)    Copyright infringement - I use cookies to store information when you download and save an image from my website on your computer. As my website does not offer any possibility to license and download images, every download of an image through my website is illegal (the external store website does allow you to license and download the images legally after purchase). Therefore, in addition to tracing the illegally downloaded picture with an image tracing software and algorithm, as soon as you illegally download an image from my website, your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use is stored instantly for further processing and/or prosecution.

     

10.    Cookies used by my service providers

10.1  My service providers use cookies and those cookies may be stored on your computer when you visit my website.

10.2  I use Google Analytics. Google Analytics gathers information about the use of my website by means of cookies. The information gathered is used to create reports about the use of my website. You can find out more about Google's use of information by visiting https://www.google.com/policies/privacy/partners/ and you can review Google's privacy policy at https://policies.google.com/privacy.

10.3  I use Squarespace to host my website. This service uses cookies for the under article 9(1) specified purposes. You can view the privacy policy of this service provider at https://www.squarespace.com/cookie-policy.

11.    Managing cookies

11.1  Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a) https://support.google.com/chrome/answer/95647 (Chrome);

(b)    https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(c) https://help.opera.com/en/latest/security-and-privacy/ (Opera);

(d)    https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e)    https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac (Safari); and

(f)     https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

11.2  Blocking all cookies will have a negative impact upon the usability of many websites.

11.3  If you block cookies, you will not be able to use all the features on my website.

12.    Amendments

12.1  I may update this policy from time to time by publishing a new version on my website.

12.2  You should check this page occasionally to ensure you are happy with any changes to this policy.

13.    My details

13.1  This website is owned and administrated by Benjamin Schusterbauer.

13.2  I am registered in Austria under the GISA registration number 35714859.

13.3  You can contact me using my website contact form in the “About” section.

13.4  Imprint.