Introduction and Overview
If you still have questions, we encourage you to contact the responsible party listed below or in the Impressum, to follow the links provided, and to view additional information on third-party sites. Our contact details can, of course, also be found in the Impressum.
- all online presences (websites, online stores) that we operate
- social media presence and email communications
- mobile apps for smartphones and other devices
As far as EU law is concerned, we refer to REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016. You can, of course, read this EU General Data Protection Regulation online on EUR-Lex, the access to EU law, at https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32016R0679.
We only process your data if at least one of the following conditions applies:
- Consent (Article 6(1)(a) GDPR): You have given us your consent to process data for a specific purpose. An example would be the storage of your entered data on a contact form.
- Contract (Article 6(1)(b) GDPR): In order to fulfill a contract or pre-contractual obligations with you, we process your data. For example, if we conclude a purchase contract with you, we need personal information in advance.
- Legal obligation (Article 6(1)(c) GDPR): If we are subject to a legal obligation, we process your data. For example, we are legally obliged to keep invoices for accounting purposes. These usually contain personal data.
- Legitimate interests (Article 6(1)(f) GDPR): In the case of legitimate interests that do not restrict your fundamental rights, we reserve the right to process personal data. For example, we need to process certain data in order to operate our website in a secure and economically efficient manner. This processing is, therefore, a legitimate interest.
Further conditions, such as the performance of recordings in the public interest and the exercise of official authority as well as the protection of vital interests, do not generally occur with us. If such a legal basis should be relevant, it will be indicated at the appropriate place.
In addition to the EU Regulation, national laws also apply:
- In Austria, this is the Federal Act on the Protection of Individuals with regard to the Processing of Personal Data (Data Protection Act).
If other regional or national laws apply, we will inform you about them in the following sections.
Contact details of the responsible person
If you have any questions about data protection or the processing of personal data, you will find the contact details of the responsible person or body below:
BAGS Grain Handels GmbH
Telephone: +43 1 51638
The fact that we only store personal data for as long as it is absolutely necessary to provide our services and products applies as general criteria at our company. This means that we delete personal data as soon as the reason for processing the data no longer exists. In some cases, we are legally required to store certain data even after the original purpose has ceased to exist, for example, for accounting purposes.
Should you wish your data to be deleted or revoke your consent to data processing, the data will be deleted as soon as possible and insofar as there is no obligation to store it.
Rights according to GDPR
According to Articles 13, and 14 of GDPR, we inform you about the following rights you have to ensure fair and transparent processing of data:
- According to Article 15 of the GDPR, you have the right to know whether we are processing data about you. If this is the case, you have the right to receive a copy of the data and to know the following information:
- For what purpose we are processing it;
- The categories, i.e., the types of data that are processed;
- Who receives this data and, if the data is transferred to third countries, how security can be guaranteed;
- How long the data will be stored;
- The existence of the right to rectification, erasure, or restriction of processing and the right to object to processing;
- That you can lodge a complaint with a supervisory authority (links to these authorities can be found below);
- The origin of the data if we have not collected it from you;
- Whether profiling is carried out, i.e., whether data is automatically evaluated to arrive at a personal profile of you.
- You have a right to rectification of data according to Article 16 GDPR, which means that we must correct data if you find errors.
- You have the right to erasure (“right to be forgotten”) according to Article 17 GDPR, which specifically means that you may request the deletion of your data.
- According to Article 18 of the GDPR, you have the right to restriction of processing, which means that we may only store the data, but not use it any further.
- According to Article 20 of the GDPR, you have the right to data portability, which means that we will provide you with your data in a common format upon request.
- According to Article 21 of the GDPR, you have the right to object, which entails a change in processing after enforcement.
- If the processing of your data is based on Article 6(1)(e) (public interest, exercise of official authority) or Article 6(1)(f) (legitimate interest), you may object to the processing. We will then check as soon as possible whether we can legally comply with this objection.
- If data is used to conduct direct advertising, you may object to this type of data processing at any time. We may then no longer use your data for direct marketing.
- If data is used to carry out profiling, you may object to this type of data processing at any time. We may no longer use your data for profiling thereafter.
- You may have the right under Article 22 of the GDPR not to be subject to a decision based solely on automated processing (for example, profiling).
- You have the right to lodge a complaint under Article 77 of the GDPR. This means that you can complain to the data protection authority at any time if you believe that the data processing of personal data violates the GDPR.
If you believe that the processing of your data violates data protection law or that your data protection rights have been violated in any other way, you can complain to the supervisory authority. For Austria, this is the data protection authority, whose website can be found at https://www.data-protection-authority.gv.at. The following local data protection authority is responsible for our company:
Austrian Data Protection Authority
Director: Andrea Jelinek, M.D.
Address: Barichgasse 40-42, 1030 Vienna
Telephone number: +43 1 52 152-0
Email address: firstname.lastname@example.org
Data transfer to third countries
We only transfer or process data to countries outside the EU (third countries) if you consent to this processing, if this is required by law or contractually necessary, and in any case only to the extent that this is generally permitted. Your consent is, in most cases, the most important reason that we have data processed in third countries. Processing personal data in third countries, such as the U.S., where many software vendors provide services and have their server locations, may mean that personal data is processed and stored in unexpected ways.
We explicitly point out that according to the opinion of the European Court of Justice, there is currently no adequate level of protection for data transfer to the USA. Data processing by US services (such as Google Analytics) may result in data not being processed and stored anonymously. Furthermore, US government authorities may be able to access individual data. In addition, it may happen that collected data is linked with data from other services of the same provider, if you have a corresponding user account. Where possible, we try to use server locations within the EU, if this is offered.
Data processing security
To protect personal data, we have implemented both technical and organizational measures. Where possible, we encrypt or pseudonymize personal data. In this way, we make it as difficult as possible, within the scope of our possibilities, for third parties to infer personal information from our data.
Article 25 of the GDPR refers to “data protection by technical design and by data protection-friendly default settings” and thus means that both software (e.g., forms) and hardware (e.g., access to the server room) are always designed with security in mind and that appropriate measures are taken. If necessary, we will go into more detail on specific measures below.
TLS encryption with HTTPS
TLS, encryption, and HTTPS sound very technical and they are. We use HTTPS (Hypertext Transfer Protocol Secure) to transfer data over the internet in a tap-proof way. This means that the complete transmission of all data from your browser to our web server is secured – no one can “listen in”.
We have thus introduced an additional layer of security and comply with data protection by design of technology (Article 25(1) GDPR). By using TLS (Transport Layer Security), an encryption protocol for secure data transmission on the Internet, we can ensure the protection of confidential data.
You can recognize the use of this protection of data transmission by the small lock symbol🔒 at the top left of the browser, to the left of the Internet address (e.g., examplepage.com), and the use of the scheme HTTPS (instead of HTTP) as part of our Internet address.
When you contact us and communicate by phone, email, or online form, personal data may be processed.
The data is processed for the handling and processing of your question and the related business transaction. The data is stored for as long as it is required by law.
All those who seek contact with us via the communication channels provided by us are affected by the aforementioned processes.
When you call us, the call data is stored pseudonymously on the respective terminal device, and with the telecommunications provider used. In addition, data such as name and telephone number may subsequently be sent by e-mail and stored for the purpose of responding to your inquiry. The data is deleted as soon as the business case has been closed and legal requirements permit.
If you communicate with us by e-mail, data may be stored on the respective end device (computer, laptop, smartphone, …), and data is stored on the e-mail server. The data will be deleted as soon as the business case has been closed, and legal requirements allow it.
If you communicate with us using online forms, data is stored on our web server and may be forwarded to an e-mail address of ours. The data is deleted as soon as the business case has been terminated and legal requirements permit.
The processing of data is based on the following legal bases:
- Art. 6 para. 1 lit. (a) GDPR (consent): You give us your consent to store and further use your data for purposes related to the business case;
- Art. 6 para. 1 lit. (b) GDPR (contract): There is a need for the performance of a contract with you or a processor, such as a telephone provider, or we need to process the data for pre-contractual activities, such as preparing an offer;
- Art. 6 para. 1 lit. (f) GDPR (Legitimate Interests): We want to conduct customer inquiries and business communications in a professional manner. For this purpose, certain technical facilities such as e-mail programs, exchange servers, and mobile network operators are necessary in order to be able to operate the communication efficiently.
What are cookies?
Our website uses HTTP cookies to store user-specific data.
Whenever you browse the Internet, you use a browser. Popular browsers include Chrome, Safari, Firefox, Internet Explorer, and Microsoft Edge. Most websites store small text files in your browser. These files are called cookies.
Cookies store certain user data about you, such as language or personal page settings. When you return to our site, your browser transmits the “user-related” information back to our site. Thanks to cookies, our site knows who you are and offers you the setting you are used to. In some browsers, each cookie has its own file; in others, such as Firefox, all cookies are stored in a single file.
There are two types of cookies: first-party cookies and third-party cookies. First-party cookies are created directly by our site, third-party cookies are created by partner websites (e.g., Google Analytics). Each cookie must be evaluated individually, as each cookie stores different data. Also, the expiration time of a cookie varies from a few minutes to a few years. Cookies are not software programs and do not contain viruses, Trojans, or other malware. Cookies also cannot access information on your PC.
What types of cookies are there?
We can distinguish 4 types of cookies:
These cookies are necessary to ensure the basic functions of the website. For example, these cookies are needed when a user adds a product to the shopping cart, then continues browsing on other pages, and only later goes to the checkout. These cookies do not delete the shopping cart even if the user closes his browser window.
These cookies collect information about user behavior and whether the user receives any error messages. In addition, these cookies are also used to measure the loading time and the behavior of the website with different browsers.
These cookies provide a better user experience. For example, entered locations, font sizes, or form data are stored.
These cookies are also called targeting cookies. They are used to deliver customized advertising to the user. This can be very practical, but also very annoying.
Usually, when you visit a website for the first time, you are asked which of these cookie types you want to allow. And, of course, this decision is also stored in a cookie.
If you want to know more about cookies and are not afraid of technical documentation, we recommend https://datatracker.ietf.org/doc/html/rfc6265, the Request for Comments from the Internet Engineering Task Force (IETF) called “HTTP State Management Mechanism”.
Purpose of processing via cookies
The purpose ultimately depends on the cookie in question. More details can be found below or from the software manufacturer that sets the cookie.
What data is processed?
Storage duration of cookies
The storage period depends on the particular cookie and is specified further below. Some cookies are deleted after less than an hour, others can remain stored on a computer for several years.
You can also influence the storage period yourself. You can manually delete all cookies anytime via your browser (see also “Right to object” below). Furthermore, cookies based on consent are deleted at the latest after revocation of your consent, whereby the legality of the storage remains unaffected until then.
Right to object – how can I delete cookies?
If you want to determine which cookies have been stored in your browser, if you want to change or delete cookie settings, you can find this in your browser settings:
If you do not want to have cookies in general, you can set up your browser so that it always informs you when a cookie is to be set. In this way, you can decide for each individual cookie whether you allow it or not. The procedure varies depending on the browser. It is best to search for the instructions in Google using the search term “delete cookies Chrome” or “disable cookies Chrome” in the case of a Chrome browser.
The so-called “Cookie Guidelines” have been in place since 2009. These state that the storage of cookies requires your consent (Article 6 (1) (a) GDPR). Within the EU countries, however, there are still very different reactions to these directives. In Austria, however, this directive was implemented in Section 96 (3) of the Telecommunications Act.
For essential cookies, even in the absence of consent, there are legitimate interests (Article 6 (1) (f) GDPR), which in most cases are of an economic nature. We want to provide visitors to the website with a pleasant user experience and for this purpose, certain cookies are often essential.
Insofar as non-essential cookies are used, this is only done with your consent. The legal basis in this respect is Art. 6 para. 1 lit. (a) GDPR.
What is web hosting?
Nowadays, when you visit websites, certain information – including personal data – is automatically created and stored, including on this website. This data should be processed as sparingly as possible and only with justification. By website, we mean the totality of all web pages on a domain, i.e. everything from the home page to the very last subpage (like this one). By domain, we mean, for example, example.com or sampleexample.com.
When you want to view a website on a computer, tablet, or smartphone, you use a program called a web browser to do so. You probably know some web browsers by name: Google Chrome, Microsoft Edge, Mozilla Firefox, and Apple Safari.
To display the website, the browser must connect to another computer where the website’s code is stored: the web server. Operating a web server is a complicated and costly task, which is why this is usually done by professional providers. These offer web hosting and thus ensure reliable and error-free website data storage.
When the browser on your computer (desktop, laptop, tablet, or smartphone) connects and during data transfer to and from the web server, personal data may be processed. On the one hand, your computer stores data, and on the other hand, the web server must also store data for a while to ensure proper operation.
Why do we process personal data?
The purposes of data processing are:
- Professional hosting of the website and securing its operation
- To maintain operational and IT security
- Anonymous evaluation of access behavior to improve our offer and, if necessary, to prosecute or pursue claims
What data is processed?
Even while you are visiting our website right now, our web server, which is the computer on which this website is stored, usually automatically stores data such as
- the complete internet address (URL) of the accessed website
- browser and browser version (e.g. Chrome 87)
- the operating system used (e.g. Windows 10)
- the address (URL) of the previously visited page (referrer URL)
- the host name and IP address of the device being accessed (e.g. COMPUTERNAME and 18.104.22.168)
- date and time
- in files, the so-called web server log files
The lawfulness of the processing of personal data in the context of web hosting results from Art. 6 para. 1 lit. (f) GDPR (protection of legitimate interests), because the use of professional hosting with a provider is necessary in order to present the company on the Internet in a secure and user-friendly manner and to be able to pursue attacks and claims from this if necessary.
Between the hosting provider and us, there is usually a contract on commissioned processing pursuant to Art. 28 (f) GDPR, which ensures compliance with data protection and guarantees data security.
What is Web Analytics?
We use software on our website to evaluate the behavior of website visitors, known as web analytics. This involves collecting data that the respective analytic tool provider (also called tracking tool) stores, manages, and processes. The data is used to create analyses of user behavior on our website and made available to us as the website operator. In addition, most tools offer various testing options. For example, we can test which offers or content are best received by our visitors. To do this, we show you two different offers for a limited period of time. After the test (so-called A/B test), we know which product or content our website visitors find more interesting. For such test procedures, as for other analytics procedures, user profiles can also be created, and the data stored in cookies.
Why do we run web analytics?
With our website, we have a clear goal in mind: we want to deliver the best web offer on the market for our industry. To achieve this goal, we want to offer the best and most interesting offer on the one hand, and on the other hand, we want to make sure that you feel completely comfortable on our website. With the help of web analysis tools, we can take a closer look at the behavior of our website visitors and then improve our web offer for you and us accordingly. For example, we can see how old our visitors are on average, where they come from when our website is most visited, or which content or products are particularly popular. All this information helps us to optimize the website and thus best adapt it to your needs, interests, and wishes.
What data is processed?
Exactly what data is stored depends, of course, on the analysis tools used. But as a rule, for example, which content you view on our website, which buttons or links you click on when you access a page, which browser you use, which device (PC, tablet, smartphone, etc.) you use to visit the website or which computer system you use are stored. If you agree that location data may also be collected, these may also be processed by the web analytics tool provider.
In addition, your IP address will also be stored. According to the General Data Protection Regulation (GDPR), IP addresses are personal data. However, your IP address is usually stored pseudonymized (i.e. in an unrecognizable and shortened form). For the purpose of testing, web analysis, and web optimization, no direct data, such as your name, age, address, or email address, are stored as a matter of principle. All this data, if collected, is stored pseudonymously. This means that you cannot be identified as a person.
How long the respective data is stored always depends on the provider. Some cookies store data only for a few minutes or until you leave the website again, other cookies can store data for several years.
Right to object
The use of web analytics requires your consent, which we have obtained with our cookie popup. According to Art. 6 para. 1 lit. (a) GDPR (consent), this consent constitutes the legal basis for the processing of personal data, as may occur during the collection by web analytics tools.
In addition to consent, there is a legitimate interest on our part to analyze the behavior of website visitors and thus to improve our offer technically and economically. With the help of web analytics, we detect website errors, can identify attacks, and improve economic efficiency. The legal basis for this is Art. 6 para. 1 lit. (f) GDPR (Legitimate Interests). Nevertheless, we only use the tools insofar as you have given your consent.
What is email marketing?
In order to keep you up to date, we also use the option of email marketing. If you have agreed to receive our emails or newsletters, your data will also be processed and stored. Email marketing is a sub-area of online marketing. It involves sending news or general information about a company, products, or services by email to a specific group of people who are interested in them.
If you want to participate in our email marketing (usually via newsletter), you usually just need to register with your email address. To do this, you fill out an online form and submit it. However, it may also happen that we ask you for your name, for example, so that we can also write to you personally.
Basically, the registration for newsletters works with the help of the so-called “double opt-in procedure”. After you have registered for our newsletter on our website, you will receive an email via which you confirm the newsletter registration. This ensures that the email address belongs to you and that no one has registered with a third-party email address. We or a notification tool we use logs each individual subscription. This is necessary so that we can also prove the legally correct registration process. As a rule, the time of registration, the time of the registration confirmation, and your IP address are stored. In addition, it is also logged when you make changes to your stored data.
Why do we use email marketing?
We naturally want to stay in touch with you and always present you with the most important news about our company. To do this, we use, among other things, email marketing – often just called “newsletters” – as an essential part of our online marketing. If you agree to this or if it is permitted by law, we will send you newsletters, system emails, or other notifications by email. When we use the term “newsletter” in the following text, we mainly mean regularly sent emails. Of course, we do not want to bother you in any way with our newsletters. That’s why we really always try to provide only relevant and interesting content. For example, you will learn more about our company, services, or products. If we use a service provider that offers a professional mailing tool for our email marketing, we do so in order to be able to offer you fast and secure newsletters. The purpose of our email marketing is basically to inform you about new offers and also to get closer to our business goals.
What data is processed?
When you become a subscriber to our newsletter via our website, you confirm membership in an email list by email. In addition to your IP address and email address, your title, name, address, and telephone number may also be stored. However, only if you agree to this data storage. The data marked as such are necessary for you to participate in the service offered. Providing this information is voluntary, but failure to provide it will result in you being unable to use the service. In addition, information about your device or your preferred content on our website may be stored. You can find out more about the storage of data when you visit a website in the section “Automatic data storage”. We record your declaration of consent so that we can always prove that this complies with our laws.
Right to object
You have the possibility to cancel your newsletter subscription at any time. To do so, you only need to revoke your consent to the newsletter subscription. This usually only takes a few seconds or one or two clicks. Most of the time, you will find a link to cancel your newsletter subscription right at the end of each email. If you really can’t find the link in the newsletter, please contact us by mail and we will cancel your newsletter subscription immediately.
The sending of our newsletter is based on your consent (Article 6 (1) (a) GDPR). This means that we may only send you a newsletter if you have actively signed up for it beforehand. If applicable, we may also send you advertising messages, provided that you have become our customer and have not objected to the use of your email address for direct advertising.
What is social media?
In addition to our website, we are also active on social media platforms. This may involve processing user data to target users who are interested in us via social networks. In addition, elements of a social media platform may also be embedded directly in our website. This is the case, for example, when you click on a so-called social button on our website and are redirected directly to our social media presence. Social media are websites and apps through which registered members can produce content, share content openly or in specific groups, and network with other members.
Why do we use social media?
For years, social media platforms have been the place where people communicate and connect online. Our social media presences allow us to bring our products and services closer to prospective customers. The social media elements embedded on our website help you to be able to switch to our social media content quickly and without complications.
The data that is stored and processed through your use of a social media channel is primarily for the purpose of being able to perform web analyses. The aim of these analyses is to be able to develop more precise and personalized marketing and advertising strategies. Depending on your behavior on a social media platform, appropriate conclusions can be drawn about your interests with the help of the evaluated data, and so-called user profiles can be created. This also enables the platforms to present you with tailored advertisements. In most cases, cookies are set in your browser for this purpose, which store data about your usage behavior.
We generally assume that we remain responsible under data protection law, even if we use the services of a social media platform. However, the European Court of Justice has ruled that in certain cases, the operator of the social media platform may be jointly responsible with us within the meaning of Art. 26 GDPR. Insofar as this is the case, we point this out separately and work on the basis of an agreement in this regard. The essence of the agreement is then reproduced below for the platform concerned.
Please note that when using the social media platforms or our built-in elements, data from you may also be processed outside the European Union, as many social media channels, for example, Facebook or Twitter, are American companies. As a result, you may no longer be able to claim or enforce your rights with regard to your personal data as easily.
What data is processed?
Exactly what data is stored and processed depends on the provider of the social media platform. But usually, it is data such as phone numbers, email addresses, data you enter in a contact form, user data such as which buttons you click, who you like or follow when you visited which pages, information about your device, and your IP address. Most of this data is stored in cookies. Especially if you yourself have a profile on the visited social media channel and are logged in, data can be linked to your profile.
All data collected via a social media platform is also stored on the providers’ servers. This means that only the providers have access to the data and can provide you with the appropriate information or make changes.
Right to object
Blogs and publication media
What are blogs and publication media?
We use blogs or other communication media on our website, with which we can communicate with you on the one hand, and you can communicate with us on the other hand. In the process, data from you may also be stored and processed by us. This may be necessary so that we can present content appropriately, communication works and security is increased. The exact details on data processing also depend on the tools and functions used. You can find precise information about data processing in the data protection notices of the individual providers.
Why do we use blogs and publication media?
The most important thing we want to do with our website is to offer you interesting and exciting content, and at the same time, your opinions and content are important to us. That’s why we want to create a good interactive exchange between us and you. With various blogs and publication options, we can achieve exactly that. For example, you can write comments on our content, comment on other comments, or sometimes write your own contributions.
What data is processed?
Right to object
We use the means of communication mainly based on our legitimate interests (Art. 6 para. 1 lit. f GDPR) in fast and good communication with you or other customers, business partners, and visitors. As far as the use serves the settlement of contractual relationships or their initiation, the legal basis is furthermore Art. 6 para. 1 p. 1 lit. b. GDPR.
What falls under “Miscellaneous”?
The “Miscellaneous” category includes those services that do not fit into one of the above categories. These are usually various plugins and embedded elements that enhance our website. As a rule, these functions are obtained from third-party providers and integrated into our website. For example, these are web search services such as Algolia Place, Giphy, Programmable Search Engine, or online services for weather data such as OpenWeather.
Why do we use other third-party providers?
We want our website to offer you the best web experience in our industry. For a long time, a website has been more than just a business card for companies. Rather, it is a place to help you find what you are looking for. To always make our website more interesting and helpful for you, we use various third-party services.
What data is processed?
Whenever elements are integrated into our website, your IP address is transmitted to the respective provider, stored, and processed there. This is necessary because otherwise, the content will not be sent to your browser and consequently will not be displayed accordingly. It may also happen that service providers also use pixel tags or web beacons. These are small graphics on websites that can record a log file and also create analyses of this file. With the information obtained, providers can improve their own marketing efforts. In addition to pixel tags, such information (such as which button you click or when you visit which page) can also be stored in cookies. In addition to analyzing data about your web behavior, technical information such as your browser type or operating system can also be stored in them. Some providers may also link the data obtained with other internal services or with third-party providers. Each provider handles your data differently. Therefore, we recommend that you carefully read the privacy statements of the respective services. As a matter of principle, we endeavor to use only services that handle the issue of data protection very carefully.
If we ask you for your consent and you consent that we may use the service, this is considered the legal basis for processing your data (Art. 6 para. 1 lit. (a) GDPR). In addition to the consent, there is a legitimate interest on our part to analyze the behavior of website visitors and thus improve our offer technically and economically. The legal basis for this is Art. 6 para. 1 lit. f GDPR (Legitimate Interests). Nevertheless, we only use the tools if you have given your consent.
It is important to us to inform you to the best of our knowledge and belief about the processing of personal data. However, we do not only want to tell you what data is processed but also to explain the reasons for the use of various software programs. As a rule, privacy statements sound very technical and legalistic. However, since most of you are not web developers or lawyers, we also wanted to take a different approach linguistically and explain the facts in simple and clear language. Of course, this is not always possible due to the subject matter.
If you have any questions about data protection on our website, please do not hesitate to contact us or the responsible office. We wish you a nice time and hope to welcome you to our website again soon.
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