Privacy Policy

We are very pleased that you are interested in our company. Data protection is of a particularly high priority for the management of Herbeus Greens GmbH. In principle, the Herbeus Greens GmbH website can be used without providing any personal data. However, if a data subject wants to use special company services via our 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 person concerned.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Herbeus Greens GmbH. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of the rights to which they are entitled by means of this data protection declaration.

As the controller responsible for processing, Herbeus Greens GmbH has implemented numerous technical and organizational measures to ensure the most complete possible protection of personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us in alternative ways, for example by telephone.

1. Definitions

The data protection declaration of Herbeus Greens GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms, among others, in this data protection declaration:

a) Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person is considered to be identifiable if, directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier or to one or more special features, the expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person can be identified.
b) Data subject is any identified or identifiable natural person whose personal data is processed by the data controller.
c) Processing is any process carried out with or without the help of automated processes or any such series of processes in connection with personal data such as collecting, recording, organizing, arranging, storing, adapting or changing, reading out, querying, Use, disclosure by transmission, distribution or any other form of making available, matching or linking, restriction, deletion or destruction.
d) Restriction of processing Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.
e) Profiling is any type of automated processing of personal data that consists of using this personal data to evaluate certain personal aspects relating to a natural person, in particular aspects related to work performance, economic situation, health analyze or predict that natural person’s personal preferences, interests, reliability, conduct, whereabouts or relocation.
f) Pseudonymization is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures that ensure that the personal data is not assigned to an identified or identifiable natural person.
g) Person responsible or responsible for the processing Responsible or responsible for the processing is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of the processing of personal data. If the purposes and means of this processing are specified by Union law or the law of the Member States, the person responsible or the specific criteria for his naming can be provided for by Union law or the law of the Member States.
h) Processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the person responsible.
i) Recipient is a natural or legal person, public authority, agency or other body to which personal data are disclosed, regardless of whether it is a third party or not. However, authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law are not considered recipients.
j) 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 responsibility of the controller or the processor, are authorized to process the personal data.
k) Consent is any expression of will voluntarily given by the data subject in an informed manner and unequivocally for the specific case in the form of a declaration or other clear confirmatory action with which the data subject indicates that they agree to the processing of their personal data is.

2. Name and address of the person responsible for processing

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

Herbeus Greens GmbH

Heiligenstädterstrasse 31/1/702

1190 Wien

Austria

Tel.: +43 699 12770247

E-Mail: office@herbeusgreens.com

Website: www.herbeusgreens.com

 

3. Collection of general data and information

The website of Herbeus Greens GmbH collects a series of general data and information each time the website is accessed by an affected person or an automated system. This general data and information is stored in the log files of the server. The (1) 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, which are accessed via an accessing system on our website can be controlled, (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) other similar data and information used to avert threats in the event of attacks on our information technology systems.

When using these general data and information, the Herbeus Greens GmbH does not draw any conclusions about the data subject. Rather, this information is required to (1) deliver the content of our website correctly, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website and ( 4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by Herbeus Greens GmbH statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by an affected person.

4. Contact option via the website

Due to legal regulations, the Herbeus Greens GmbH website contains information that enables quick electronic contact to our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a person concerned contacts the person responsible for processing by e-mail or via a contact form, the personal data transmitted by the person concerned will be automatically saved. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. This personal data will not be passed on to third parties.

5. Routine deletion and blocking of personal data

The person responsible for processing processes and stores the personal data of the person concerned only for the period of time necessary to achieve the purpose of storage or if this is required by the European directive and regulation giver or another legislator in laws or regulations which the person responsible for processing subject, was provided.

If the purpose of storage no longer applies or if a storage period stipulated by the European legislator for directives and regulations or another competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.

6. Rights of the data subject

a) Right to confirmation Every data subject has the right granted by the European directive and regulation giver to request confirmation from the person responsible for processing as to whether personal data relating to them are being processed. If a data subject wishes to exercise this right to confirmation, they can contact an employee of the data controller at any time.
b) Right to information Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to receive free information about the personal data stored about him and a copy of this information from the person responsible for processing at any time. Furthermore, the European legislator for directives and regulations has granted the data subject access to the following information:
– the processing purposes
– the categories of personal data being processed
– 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 organizations
– if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria used to determine that duration
– the existence of a right to correction or deletion of the personal data concerning you or to restriction of processing by the person responsible or a right to object to this processing
– the existence of a right of appeal to a supervisory authority
– if the personal data is not collected from the data subject: all available information about the origin of the data
– the existence of automated decision-making including profiling in accordance with Article 22 (1) and (4) GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject
Furthermore, the data subject has a right to information as to whether personal data has been transmitted to a third country or to an international organization. If this is the case, the person concerned has the right to obtain information about the appropriate guarantees in connection with the transmission. If a person concerned wishes to make use of this right to information, they can contact an employee of the for contact the controller.
c) Right to correction Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to demand the immediate correction of incorrect personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data – also by means of a supplementary declaration. If a data subject wishes to exercise this right to rectification, he or she can contact an employee of the contact the person responsible for processing.
d) Right to erasure (right to be forgotten) Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to demand that the person responsible delete the personal data concerning them immediately, provided one of the following Reasons apply and insofar as the processing is not necessary:
– The personal data were collected for such purposes or otherwise processed for which they are no longer necessary.
– The data subject revokes their consent on which the processing was based pursuant to Art. 6 Para. 1 Letter a DS-GVO or Art. 9 Para. 2 Letter a DS-GVO and there is no other legal basis for the processing.
– The data subject objects to the processing pursuant to Article 21 (1) GDPR and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing pursuant to Article 21 (2) GDPR processing on.
– The personal data have been unlawfully processed.
– Erasure of the personal data is necessary to fulfill a legal obligation in Union or Member State law to which the controller is subject.
– The personal data was collected in relation to information society services offered in accordance with Art. 8 Para. 1 DS-GVO.
If one of the above reasons applies and a data subject wishes to have personal data stored at Herbeus Greens GmbH deleted, they can contact an employee of the data controller at any time. The employee of Herbeus Greens GmbH will ensure that the request for deletion is complied with immediately. If the personal data has been made public by Herbeus Greens GmbH and our company, as the person responsible, is obliged to delete the personal data in accordance with Art. 17 Para. 1 DS-GVO, then Herbeus Greens GmbH shall take appropriate measures, also of a technical nature, taking into account the available technology and the implementation costs, to inform other persons responsible for data processing who process the published personal data that the person concerned is being used by these others for the The person responsible for data processing has requested the deletion of all links to this personal data or of copies or replications of this personal data, insofar as the processing is not necessary. The employee of Herbeus Greens GmbH will arrange the necessary in individual cases.
e) Right to restriction of processing Any person affected by the processing of personal data has the right granted by the European directive and regulation giver to demand the restriction of processing from the person responsible if one of the following conditions is met:
– 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 the deletion of the personal data and instead requests the restriction of the use of the personal data.
– The person responsible no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims.
– The data subject has lodged an objection to the 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.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored at Herbeus Greens GmbH, they can contact an employee of the data controller at any time. The employee of Herbeus Greens GmbH will arrange the restriction of the processing.
f) Right to data transferability Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to receive the personal data concerning them, which the person concerned has provided to a person responsible, in a structured, common and machine-readable format. You also have the right to transmit this data to another person responsible without hindrance from the person responsible to whom the personal data was provided, provided that the processing is based on the consent in accordance with Art. 6 Para. 1 Letter a DS-GVO or Art. 9 Para 2 letter a DS-GVO or on a contract in accordance with Article 6 paragraph 1 letter b DS-GVO and the processing is carried out using automated procedures, provided that the processing is not necessary for the performance of a task that is in the public interest or takes place in the exercise of official authority, which was transferred to the person responsible. Furthermore, when exercising their right to data portability in accordance with Art. 20 Para be transmitted to other persons responsible, insofar as this is technically feasible and insofar as this does not affect the rights and freedoms whose persons are affected. In order to assert the right to data transferability, the person concerned can contact an employee of Herbeus Greens GmbH at any time.
g) Right to object Every person affected by the processing of personal data has the right granted by the European directive and regulation giver, for reasons arising from their particular situation, at any time against the processing of personal data concerning them, which is based on Art. 6 para 1 letters e or f DS-GVO to file an objection. This also applies to profiling based on these provisions. In the event of an objection, Herbeus Greens GmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which are in line with the interests, rights and freedoms of the data subject prevail, or the processing serves to assert, exercise or defend legal claims. If Herbeus Greens GmbH processes personal data in order to operate direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to Herbeus Greens GmbH to the processing for direct marketing purposes, Herbeus Greens GmbH will no longer process the personal data for these purposes. In addition, the data subject has the right, for reasons arising from their particular situation , to object to the processing of personal data relating to them, which is carried out at Herbeus Greens GmbH for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 DS-GVO, unless such processing is necessary to fulfill a task in the public interest is required. In order to exercise the right to object, the data subject may contact any employee of Herbeus Greens GmbH or another employee directly. In connection with the use of information society services, the data subject is also free, notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.
h) Automated decisions in individual cases including profiling Every person affected by the processing of personal data has the right granted by the European legislator for directives and regulations not to be subjected to a decision based exclusively on automated processing – including profiling – which has legal effect on them or similarly significantly affects it, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) due to Union or Member State law to which the controller is subject, is permissible and these legal provisions contain appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject or (3) are made with the express consent of the data subject. If the decision (1 ) is necessary for entering into, or the performance of, a contract between the data subject and the data controller, or (2) it is based on the data subject’s explicit consent, the Herbeus Greens GmbH shall implement suitable measures to safeguard the rights, freedoms, and legitimate interests of the data subject to safeguard, which includes at least the right to obtain human intervention on the part of the person responsible, to express his or her point of view and to contest the decision. If the person concerned wishes to assert rights with regard to automated decisions, he or she can contact an employee at any time of the person responsible for processing.
i) Right to revoke consent under data protection law Any person affected by the processing of personal data has the right granted by the European legislator for directives and regulations to revoke consent to the processing of personal data at any time. If the data subject wishes to exercise their right to revoke consent, they can you can contact an employee of the person responsible for processing at any time.

7. Data protection regulations for the deployment and use of Facebook

The person responsible for processing has integrated components of the company Facebook on this website. Facebook is a social network.

A social network is a social meeting place operated on the Internet, an online community that usually enables users to communicate with one another and to interact in virtual space. A social network can serve as a platform for exchanging opinions and experiences, or it allows the Internet community to provide personal or company-related information. Among other things, Facebook enables users of the social network to create private profiles, upload photos and network via friend requests.

Facebook’s operating company is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. If a person concerned lives outside the USA or Canada, the person responsible for processing personal data is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

Each time one of the individual pages of this website is called up, which is operated by the person responsible for processing and on which a Facebook component (Facebook plug-in) has been integrated, the Internet browser on the information technology system of the person concerned is automatically activated by the respective Facebook component causes a representation of the corresponding Facebook component to be downloaded from Facebook. A complete overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=de_DE. As part of this technical process, Facebook is informed which specific subpage of our website is visited by the person concerned.

If the person concerned is logged on to Facebook at the same time, Facebook recognizes which specific subpage of our website the person concerned is visiting each time the person concerned calls up our website and for the entire duration of their stay on our website. This information is collected by the Facebook component and assigned to the respective Facebook account of the person concerned by Facebook. If the person concerned clicks on one of the Facebook buttons integrated on our website, for example the “Like” button, or if the person concerned makes a comment, Facebook assigns this information to the personal Facebook user account of the person concerned and stores this personal data .

Facebook always receives information via the Facebook component that the person concerned has visited our website if the person concerned is logged in to Facebook at the same time as accessing our website; this takes place regardless of whether the person concerned clicks on the Facebook component or not. If the person concerned does not want this information to be transmitted to Facebook in this way, they can prevent the transmission by logging out of their Facebook account before accessing our website.

The data policy published by Facebook, which can be accessed at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. It is also explained there which setting options Facebook offers to protect the privacy of the data subject. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the person concerned to suppress data transmission to Facebook.

8. Data protection regulations for the application and use of Google Analytics (with anonymization function)

The person responsible for processing has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, collection and evaluation of data about the behavior of visitors to websites. A web analysis service collects, among other things, data about the website from which a person concerned came to a website (so-called referrer), which subpages of the website were accessed or how often and for how long a subpage was viewed. A web analysis is mainly used to optimize a website and for the cost-benefit analysis of internet advertising.

The operating company of the Google Analytics component is Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043-1351, USA.

The person responsible for processing uses the addition “_gat._anonymizeIp” for the web analysis via Google Analytics. By means of this addition, the IP address of the Internet connection of the data subject is shortened and anonymized by Google if our Internet pages are accessed from a member state of the European Union or from another state party to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyze visitor flows on our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us that show the activities on our website, and to provide other services related to the use of our website.

Google Analytics places a cookie on the information technology system of the data subject. What cookies are has already been explained above. By setting the cookie, Google is able to analyze the use of our website. Each time one of the individual pages of this website is called up, which is operated by the person responsible for processing and on which a Google Analytics component has been integrated, the Internet browser on the information technology system of the person concerned is automatically activated by the respective Google Analytics component to transmit data to Google for online analysis. As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the person concerned, which Google uses, among other things, to trace the origin of visitors and clicks and subsequently to enable commission statements.

The cookie is used to store personal information, such as access time, the location from which access was made and the frequency of visits to our website by the person concerned. Each time you visit our website, this personal data, including the IP address of the Internet connection used by the person concerned, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical process to third parties.

The person concerned can prevent the setting of cookies by our website, as already described above, at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the person concerned. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.

Furthermore, the data subject has the option of objecting to and preventing the collection of data generated by Google Analytics relating to the use of this website and the processing of this data by Google. To do this, the data subject must download and install a browser add-on from the link https://tools.google.com/dlpage/gaoptout. This browser add-on tells Google Analytics via JavaScript that no data and information about visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is evaluated by Google as a contradiction. If the information technology system of the person concerned is later deleted, formatted or reinstalled, the person concerned must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the person concerned or another person who is attributable to their sphere of influence, there is the possibility of reinstalling or reactivating the browser add-on.

Further information and Google’s applicable data protection regulations can be found at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail under this link https://www.google.com/intl/de_de/analytics/.

9. Data protection regulations for the deployment and use of Instagram

The person responsible for processing has integrated components of the Instagram service on this website. Instagram is a service that qualifies as an audiovisual platform and allows users to share photos and videos, as well as redistribute such data on other social networks.

The operating company of the Instagram services is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA.

Each time one of the individual pages of this website is called up, which is operated by the person responsible for processing and on which an Instagram component (Insta button) has been integrated, the Internet browser on the information technology system of the person concerned is automatically activated by the respective Instagram component causes a representation of the corresponding component to be downloaded from Instagram. As part of this technical process, Instagram is informed which specific subpage of our website is visited by the person concerned.

If the person concerned is logged in to Instagram at the same time, Instagram recognizes which specific subpage the person concerned is visiting each time the person concerned calls up our website and for the entire duration of the respective stay on our website. This information is collected by the Instagram component and assigned by Instagram to the respective Instagram account of the person concerned. If the person concerned clicks on one of the Instagram buttons integrated on our website, the data and information thus transmitted are assigned to the personal Instagram user account of the person concerned and stored and processed by Instagram.

Instagram always receives information via the Instagram component that the person concerned has visited our website if the person concerned is logged in to Instagram at the same time as accessing our website; this takes place regardless of whether the data subject clicks on the Instagram component or not. If the data subject does not want this information to be transmitted to Instagram, they can prevent the transmission by logging out of their Instagram account before accessing our website.

Further information and Instagram’s applicable data protection regulations can be found at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.

10. Legal basis of processing

Art. 6 I lit. a DS-GVO serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary to fulfill a contract to which the data subject is party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in the case of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data could become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company 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 GDPR.
Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the person concerned do not prevail. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, he took the view that a legitimate interest could be assumed if the data subject is a customer of the person responsible (recital 47 sentence 2 DS-GVO).

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

If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is conducting our business for the benefit of all our employees and our shareholders.

12. Duration for which the personal data will be stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the deadline has expired, the corresponding data will be routinely deleted, provided that they are no longer required to fulfill the contract or to initiate a contract.

13. Necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner).
Sometimes it may be necessary for a contract to be concluded that a person concerned makes personal data available to us, which must then be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. 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 one of our employees. Our employee clarifies to the data subject on a case-by-case basis 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 what the consequences would be if the personal data were not provided.

14. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.