Privacy Policy
We are very pleased about your interest in our company. Privacy protection is of particularly high importance for the management of JOMO Zuckerbäckerei GesmbH. The use of the JOMO Zuckerbäckerei GesmbH website is generally possible without providing any personal data. However, if a data subject wishes to use special services of our company via our website, processing of personal data may become necessary. If the processing of personal data is required and there is no legal basis for such processing, we generally obtain the consent of the person concernded.
The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation “Datenschutz-Grundverordnung” and in compliance with the country-specific data protection regulations applicable to JOMO Zuckerbäckerei GesmbH. By means of this privacy policy, our company wishes 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 their rights by means of this privacy policy.
As the controller responsible for processing, JOMO Zuckerbäckerei GesmbH has implemented numerous technical and organizational measures to ensure the most complete protection possible of personal data processed through this website. Nevertheless, internet-based data transmissions can generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
1. Definitions
The privacy policy of JOMO Zuckerbäckerei GesmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and understandable for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.
In this privacy policy, we use, among others, the following terms:
a) Personal Data
Personal data means any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
b) Data Subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
c) Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
d) Restriciton of Processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
f) Pseudonymization
Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller Or Person Responsible For The Processing
The controller or person responsible for the processing is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for their nomination may be provided for by Union or Member State law.
h) Processor
Processor means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
i) Recipient
Recipient means a natural or legal person, public authority, agency, or another body to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
j) Third Party
Third party means a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
k) Consent
Consent is any freely given, specific, informed, and clear indication of the data subject’s wishes, by which they, through a statement or clear positive action, agree to the processing of their personal data.
2. Name And Address Of The Controller
The controller 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:
JOMO Zuckerbäckerei GesmbH
Korneuburger Straße 37
2100 Leobendorf
Austria
Tel.: +43 2262 723 66-0
Email: office@jomo.at
Website: http://jomo.at/
3. Cookies
Further information about the cookies we use can also be found in our Cookie Policy, available at:
4. Collection Of General Data And Information
The website of JOMO Zuckerbäckerei GesmbH uses cookies. Cookies are text files that are stored on a computer system via an internet browser.
Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie, consisting of a character string that allows websites and servers to assign it to the specific internet browser in which the cookie was stored. This allows visited websites and servers to identify the data subject’s individual browser from other browsers that contain different cookies. A specific internet browser can be recognized and identified using the unique cookie ID.
Using cookies enables JOMO Zuckerbäckerei GesmbH to provide users of this website with more user-friendly services that would not be possible without cookie setting.
Cookies allow us, as mentioned earlier, to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, a user of a website that uses cookies does not have to enter login credentials again each time they visit, because this is handled by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie.
The data subject can prevent the setting of cookies through our website at any time by adjusting the setting of the internet browser used and may thus permanently deny the setting of cookies. Furthermore, cookies already set can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be fully usable.
5. Contact Possibility Via The Website
The website of JOMO Zuckerbäckerei contains information, as required by legal regulations, that enables quick electronic contact with our company, as well as direct communication with us, which also includes a general address for electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored.
Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purpose of processing the inquiry or contacting the data subject. There is no disclosure of this personal data to third parties.
6. Routine Erasure And Blocking Of Personal Data
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or erased in accordance with legal requirements.
7. Rights Of The Data Subject
a) Rigth To Confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning them are being processed. If a data subject wishes to exercise this right of confirmation, they may, at any time, contact an employee of the controller.
b) Right of Access
Each data subject shall have the right, granted by the European legislator, to obtain from the controller free information about their stored personal data at any time and a copy of this information. Furthermore, the European legislator grants the data subject access to the following information:
- the purposes of the processing
- the categories of personal data concerned
- 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
- Where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing
- the existence of the right to lodge a complaint with a supervisory authority
- where the personal data are not collected from the data subject: any available information as to their source
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR, and—at least in those cases—meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, they may, at any time, contact an employee of the controller.
c) Right To Rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning them. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, they may, at any time, contact an employee of the controller.
d) Right to Erasure (Right to be Forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning them without undue delay, where one of the following grounds applies and insofar as the processing is not necessary:
The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent on which the processing is based according to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.
If one of the above reasons applies and a data subject wishes to request the erasure of personal data stored by JOMO Zuckerbäckerei, they may, at any time, contact an employee of the controller. The employee of JOMO Zuckerbäckerei shall ensure that the erasure request is complied with promptly.
When JOMO Zuckerbäckerei has made personal data public and is obliged pursuant to Art. 17(1) GDPR to erase the personal data, JOMO Zuckerbäckerei, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other data controllers processing the published personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, insofar as processing is not required. An employee of JOMO Zuckerbäckerei will take the necessary steps in individual cases.
e) Right to Restriction of Processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
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, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims.
The data subject has objected to processing pursuant to Art. 21(1) 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 by JOMO Zuckerbäckerei, they may at any time contact an employee of the controller. The employee of JOMO Zuckerbäckerei will arrange the restriction of processing.
f) Right to Data Portability
Each data subject shall have the right granted by the European legislator to receive the personal data concerning them, which was provided to a controller, in a structured, commonly used, and machine-readable format. They shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
In exercising their right to data portability pursuant to Art. 20(1) GDPR, the data subject shall also have the right to have the personal data transmitted directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject may at any time contact an employee of JOMO Zuckerbäckerei.
Ferner hat die betroffene Person bei der Ausübung ihres Rechts auf Datenübertragbarkeit gemäß Art. 20 Abs. 1 DS-GVO das Recht, zu erwirken, dass die personenbezogenen Daten direkt von einem Verantwortlichen an einen anderen Verantwortlichen übermittelt werden, soweit dies technisch machbar ist und sofern hiervon nicht die Rechte und Freiheiten anderer Personen beeinträchtigt werden.
Zur Geltendmachung des Rechts auf Datenübertragbarkeit kann sich die betroffene Person jederzeit an einen Mitarbeiter der JOMO Zuckerbäckerei GesmbH wenden.
g) Right to Object
Every data subject shall have the right, granted by the European legislator, to object, on grounds relating to their particular situation, at any time, to processing of personal data concerning them, which is based on point (e) or (f) of Article 6(1) GDPR. This also applies to profiling based on these provisions.
JOMO Zuckerbäckerei shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or for the establishment, exercise, or defense of legal claims.
If JOMO Zuckerbäckerei processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to JOMO Zuckerbäckerei to the processing for direct marketing purposes, JOMO Zuckerbäckerei will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them which is carried out by JOMO Zuckerbäckerei for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may directly contact any employee of JOMO Zuckerbäckerei or another employee. Furthermore, the data subject is free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.
h) Automated Individual Decision-Making, Including Profiling
Every data subject shall have the right, granted by the European legislator, not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning them, or similarly significantly affects them, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into or the performance of a contract between the data subject and the controller, or (2) it is based on the data subject’s explicit consent, JOMO Zuckerbäckerei shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.
If the data subject wishes to exercise rights concerning automated individual decision-making, they may contact an employee of the controller at any time.
i) Right to Withdraw Data Protection Consent
Every data subject shall have the right, granted by the European legislator, to withdraw their consent to processing of their personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, they may contact any employee of the controller at any time.
8. Data Protection for Applications and in the Application Process
The controller collects and processes the personal data of applicants for the purpose of processing the application procedure. The processing may also take place electronically. This is the case in particular if an applicant submits corresponding application documents by electronic means, for example by email or via a web form on the website, to the controller.
If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller oppose the deletion. Other legitimate interest in this sense is, for example, a burden of proof in a procedure under the General Equal Treatment Act (AGG).
9. Data Protection Provisions about the Application and Use of Google Analytics (with Anonymization Function)
The controller has integrated the component Google Analytics (with anonymization function) on this website. Google Analytics is a web analytics service. Web analytics is the collection, gathering and analysis of data about the behavior of visitors to websites. A web analytics service collects, among other things, data about the website from which a data subject has come (the so-called referrer), which subpages were accessed, or how often and for what duration a subpage was viewed. Web analytics is mainly used for the optimization of a website and for cost-benefit analysis of internet advertising.
The operating company of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The controller uses the application “_gat._anonymizelp” for web analytics via Google Analytics. By means of this application, the IP address of the internet connection of the data subject is abridged by Google and anonymized when accessing our website from a Member State of the European Union or another contracting state to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, among other things, to evaluate the use of our website, to compile online reports showing the activities on our websites, and to provide other services related to the use of our website.
Google Analytics sets a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this website, which is operated by the controller and on which a Google Analytics component was integrated, the internet browser on the information technology system of the data subject will automatically submit data to Google through the Google Analytics component for online analysis purposes. During the course of this technical procedure, Google gains knowledge of personal data, such as the IP address of the data subject, which serves Google, among other things, to understand the origin of visitors and clicks, and subsequently to facilitate commission settlements.
The cookie is used to store personal information, such as the access time, the location from which access was made, and the frequency of visits to our website by the data subject. With each visit to our website, such personal data — including the IP address of the internet access used by the data subject — will be transmitted to Google in the United States of America. These personal data are stored by Google in the USA. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the used internet browser would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. To do this, the data subject must download and install a browser add-on under the link: https://tools.google.com/dlpage/gaoptout
This browser add-on tells Google Analytics via JavaScript that any data and information about the visits of internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics again. If the browser add-on was uninstalled or deactivated by the data subject or any other person who is attributable to their sphere of competence, it is possible to reinstall or reactivate the browser add-on.
Further information and the applicable data protection provisions of Google may be accessed under: https://www.google.de/intl/de/policies/privacy/ and http://www.google.com/analytics/terms/de.html.
Google Analytics is further explained under the following link: https://www.google.com/intl/de_de/analytics/
10. Legal Basis for Processing
JOMO Zuckerbäckerei only processes personal data when it is legally permitted. The processing may be based on the following grounds:
With your consent (Art. 6(1)(a) GDPR):
If you give us permission to process your data for a specific purpose.
For the performance of a contract (Art. 6(1)(b) GDPR):
If we need your data to fulfill a contract with you, such as delivering products or services, or to take steps at your request before entering into a contract.
Due to a legal obligation (Art. 6(1)(c) GDPR):
If we are required by law to process certain data, for example for tax purposes.
To protect vital interests (Art. 6(1)(d) GDPR):
In rare cases, we may need to process data to protect your life or the life of another person—for example, if someone is injured on our premises.
Based on legitimate interests (Art. 6(1)(f) GDPR):
If the processing is necessary for our legitimate business interests or those of a third party, as long as your rights and freedoms do not override those interests.
(According to GDPR Recital 47, this may apply, for instance, when the person concerned is a customer of the data controller.)
11. Legitimate Interests in Data Processing
When data processing is based on Article 6(1)(f) GDPR, our legitimate interest is the operation of our business for the well-being of our employees and shareholders.
12. Duration of Storage of Personal Data
We store personal data only for as long as necessary. The storage period is based on legal retention requirements. Once these periods expire, the data is routinely deleted unless it is still needed for contract fulfillment or initiation.
13. Legal or Contractual Requirements to Provide Data
You are legally or contractually required to provide us with personal data—for example, due to tax laws or contractual obligations.
If you want to enter into a contract with us (e.g., to place an order), it may be necessary to provide certain personal data. If you don’t provide the required data, we may not be able to enter into a contract with you.
Before submitting your personal data, you can contact one of our staff members. They will explain whether the data is required by law or contract, whether you are obliged to provide it, and what the consequences would be if you do not.
14. Existence of Automated Decision-Making
As a responsible company, we do not use automated decision-making or profiling.
This privacy policy was created using the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer in Hof, in cooperation with lawyer for data protection law Christian Solmecke.