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Data Protection Policy

TOGETHER WITH INFORMATION PROVIDED BY DOMI EXCLUSIV GMBH TO ACTUAL OR PROSPECTIVE CUSTOMERS IN ACCORDANCE WITH ARTICLE 13 GDPR

June 2018 version

Dear Sir or Madam,

Thank you for your interest in our products and services or for your purchase of our products and services.

Since we will process your personal data in the course of processing and answering your questions, including preparing and transmitting offers, or in the case of orders and purchases, performing contracts, we wish to inform you in accordance with section 13 GDPR how we will do so.

In accordance with Article 4(2) GDPR, "processing" is understood to mean the collection, recording, organisation, storage, consultation, use and/or disclosure to third parties through transmission, whether or not by automated means.

1. Controller:
We,

DOMI exclusiv GmbH
Palais Schlick, Türkenstraße 25/6
1090 Vienna
Tel: +43 (0) 1 36718240
Fax: +43 (0) 1 367182420
Email:  info@domi-exclusiv.com

as controller within the meaning of Art. 4(7) GDPR, are processing your data: for the purpose of performing a contract or taking steps prior to entering into a contract (in accordance with Art. 6(1)(b) GDPR) in respect of the products or services that you have selected; for the purpose of protecting our legitimate interests (in accordance with Art. 6(1)(f) GDPR) in supporting actual or prospective customers and/or optimising our offering and website; for the purpose of complying with our legal obligations (in accordance with Art. 6(1)(c) GDPR) towards authorities and public bodies in respect of our tax/social security obligations; and if you have given your consent, on the basis of such consent (in accordance with Art. 6(1)(a) GDPR).

2. We process the following personal data about you:

  •  Master and legitimation data, e.g. Names, date of birth
  •  Address
  •  Telephone, fax number and any other addresses due to modern communication (e.g. email address and social media contact addresses)
  •  Account data including IBAN, BIC and any other bank information that is required for settlement in the event of a contractual relationship
  •  Contract, product and service data, e.g. type of contract (purchase/rental contract), dates of contract conclusion/termination, and deadlines for legal claims
  •  Photographs and other sound/image recordings (also mentioning name and function), provided that this does not affect your legitimate interests in your own image
  •  Data on the performance of legal requirements

3. The legal basis for our data processing as the controller is:

  •  performing a contract or taking steps prior to entering into a contract (in accordance with Art. 6(1)(b) GDPR) in respect of the products or services that you have selected or expressed an interest in
  •  complying with our legal obligations as controller (in accordance with Art. 6(1)(c) GDPR), e.g. accounting obligations
  •  protecting our or a third party's legitimate interests (in accordance with Art. 6(1)(f) GDPR) in optimising our range of services including supporting actual and prospective customers. Data processing for the purpose of direct advertising may also constitute a legitimate interest.

If there is no contract, legal obligation or legitimate interest that we can rely on, we will only carry out data processing (in accordance with Art. 6(1)(a) GDPR) on the basis of and to the extent of your consent as the data subject. You can withdraw your consent at any time, without affecting the lawfulness of processing based on your consent before its withdrawal.

4. We do not intend to transmit your personal data to any third parties except in order to perform our contractual obligations. This is primarily necessary for the administration and performance of contracts with you or other obligations that we have towards data processors (e.g. bookkeepers and accountants, suppliers and performance assistants  [e.g. forwarding agents, printers, commercial agents working for us], collection agencies, and legal/tax advisers), credit institutions and banks (especially in the case of third-party financing by the customer), parent or affiliated organisations and companies (e.g. group companies), authorities and public bodies  (e.g. tax authorities and social security institutions). We do not intend to transmit your personal data to any other third parties. If we pass your personal data on to third parties without a legal obligation to do so, we will enter into appropriate data processing agreements with them.

5. If we enter into a contractual agreement with you or implement any pre-contractual measures, we (as the controller) will retain your data for the period in which we provide services to you or implement such pre-contractual measures and, in the absence of any subsequent retention obligations being prescribed by law (an overview of the statutory retention obligations that apply in Austria is available at www.wko.at/service/wirtschaftsrecht-gewerberecht/eu-dsgvo-speicher-und-aufbewahrungsfristen.html), for a period of 10 years after the end of the contractual relationship. If we do not enter into a contractual agreement with you or we cease to implement pre-contractual measures, we will retain your data for a period of 6 months after we have collected it.

6. We hereby inform you, in accordance with Art. 13(1)(f) GDPR, that we do not intend to transfer your data to a third country or an international organisation. If we transfer your data to third parties in a third country, we will enter into appropriate data processing agreements with them, unless there is an adequacy decision in respect of the third country or there are other appropriate safeguards or you have (in accordance with Art. 49 GDPR) explicitly consented to such transfer in the knowledge of the absence of such an adequacy decision or other appropriate safeguards.

7. We hereby inform you, in accordance with Art. 13(2)(b) GDPR, that you have at all times:

  •  the right to access your personal data under Art. 1 5 GDPR,
  •  the right to rectification of your personal data under Art.  16 GDPR, and the right to its erasure under Art. 17 GDPR
  •  the right to obtain a restriction of the processing of your personal data under Art. 20 GDPR 
  •  the right to object to the processing of your data under Art. 21 GDPR
  •  the right to data portability under 21 GDPR
  •  the right under Art. 22 GDPR not to be subject to a decision based solely on automated processing, including profiling.

8. We hereby inform you, in accordance with Art. 13(2)(c) GDPR, that you have the right at any time to withdraw your consent to the processing, without affecting the lawfulness of processing based on your consent before its withdrawal. However, the processing may continue to be permissible on the basis of other grounds of lawfulness, despite the withdrawal of your consent.

9. We hereby inform you, in accordance with Art. 13(2)(d) GDPR, that you have the right to lodge a complaint with the supervisory authority. The competent supervisory authority is the Datenschutzbehörde (Data Protection Authority), 1030 Vienna, Barichgasse 40-42.

10.  We need you to provide your personal data so that we can provide our contractual services. We hereby inform you, in accordance with Art. 13(2)(e) GDPR, that we will be unable to provide our services if we do not have your data and will have to terminate the contract.

11. We hereby inform you, in accordance with Art. 13(2)(f) GDPR, that we do not intend to process your data for automated decision-making, including profiling (data analysis on behaviour, habits, preferences, etc.).

12. We confirm that we have implemented appropriate technical and organisational measures to protect your personal data, as required by Art. 32 GDPR.