BFSM Schadenermittlung GmbH
3142 Perschling, Gunnersdorf 23/2/2
Phone: +43 (0) 2784 – 7104
[email protected]

Information in accordance with the duty to inform pursuant to §5 of the E-Commerce Act, §14 of the Austrian Commercial Code, §63 of the Industrial Code and the duty to disclose pursuant to §25 of the Media Act.

BFSM Schadenermittlung GmbH
Gunnersdorf 23/2/2,
3142 Perschling,
Österreich

VAT-Number: ATU55520804
GLN: 9110016454580
GISA: 31726597
Corporate register number: 226207h
Corporate register court: Landesgericht St. Pölten
Company location: 3142 Perschling

Phone: +43 2784 7104
Fax: +43 2784 7104 – 20
Email: [email protected]

Member of: WKNOE Wirtschaftskammer-Platz 1 3100 St. Pölten
Laws re. professions: GewO 1994, §§ 129 u. 130

Supervisory/Trade authority: Bezirkshauptmannschaft St. Pölten
Job title: Sicherheitsgewerbe (eingeschränkt auf Berufsdetektive)
Awarding country: Österreich

Chief executive
Bernhard Mader

EU Dispute Resolution

We would like to inform you about the Online Dispute Resolution platform (ODR platform) in accordance with the regulation on Online Dispute Resolution in consumer matters (ODR Regulation).
Consumers have the option of submitting complaints to the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show. You will find the necessary contact details in our imprint above.

However, we would like to note, that we are not willing or obliged to participate in dispute settlement procedures before a consumer arbitration board.

Liability for the Contents of this Website

We are constantly developing the content of this website and strive to provide correct and up-to-date information. Unfortunately, we cannot accept liability for the accuracy of any content on this website. This especially includes content provided by third parties. As a service provider, we are neither obliged to monitor any information you transmit or store, nor to investigate any circumstances that indicate illegal activity.

Due to court- or official orders under the general law, our obligations to remove information or to block the use of information remain unaffected, even if we are not responsible.

If you notice any problematic or illegal content, please contact us immediately so we can remove the illegal content. You will find our contact details in the imprint.

Liability for Links on this Website

Our website contains links to other websites for which we are not responsible. We are not liable for any linked websites, since we have had no knowledge of illegal activities. If we ever become aware of any illegal activity, we will remove any links in question immediately.

If you notice illegal links on our website, please contact us. You will find our contact details in the imprint.

Copyright Notice

All contents of this website (pictures, images, photos, texts, videos) are subject to copyright. Please ask us before distributing, reproducing or using the contents of this website – such as republishing them on other websites. If necessary, we will prosecute the unauthorised use of our website’s content.

If you find content on this website that violates copyright, please contact us.

Picture Credits

The pictures, images and graphics on this website are protected by copyright.

The image rights are with:

pixabay.com (CC0 Creative Commons), fotolia.com (Fotolia Standard Lizenz)

All texts are copyrighted.

Privacy Policy Introduction and Overview

We have written this privacy policy (version 15.06.2023-122522848) in order to explain to you, in accordance with the provisions of the General Data Protection Regulation (EU) 2016/679 and applicable national laws, which personal data (data for short) we as the controller – and the processors commissioned by us (e.g. providers) – process, will process in the future and what legal options you have. The terms used are to be considered gender-neutral.
In short: We provide you with comprehensive information about any of your personal data we process.

Privacy policies usually sound very technical and use legal terminology. However, this privacy policy is intended to describe the most important things to you as simply and transparently as possible. So long as it aids transparency, technical terms are explained in a reader-friendly manner, links to further information are provided and graphics are used. We are thus informing in clear and simple language that we only process personal data in the context of our business activities if there is a legal basis for it. This is certainly not possible with brief, unclear and legal-technical statements, as is often standard on the internet when it comes to data protection. I hope you find the following explanations interesting and informative. Maybe you will also find some information that you have not been familiar with.
If you still have questions, we kindly ask you to contact the responsible body named below or in the imprint, follow the existing links and look at further information on third-party sites. You can of course also find our contact details in the imprint.

Scope

This privacy policy applies to all personal data processed by our company and to all personal data processed by companies commissioned by us (processors). With the term personal data, we refer to information within the meaning of Article 4 No. 1 GDPR, such as the name, email address and postal address of a person. The processing of personal data ensures that we can offer and invoice our services and products, be it online or offline. The scope of this privacy policy includes:

• all online presences (websites, online shops) that we operate
• Social media presences and email communication
• mobile apps for smartphones and other devices

In short: This privacy policy applies to all areas in which personal data is processed in a structured manner by the company via the channels mentioned. Should we enter into legal relations with you outside of these channels, we will inform you separately if necessary.

Legal bases

In the following privacy policy, we provide you with transparent information on the legal principles and regulations, i.e. the legal bases of the General Data Protection Regulation, which enable us to process personal data.
Whenever EU law is concerned, we refer to REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016. You can of course access the General Data Protection Regulation of the EU online at EUR-Lex, the gateway to EU law, at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0679.

We only process your data if at least one of the following conditions applies:

1. Consent (Article 6 Paragraph 1 lit. a GDPR): You have given us your consent to process data for a specific purpose. An example would be the storage of data you entered into a contact form.
2. Contract (Article 6 Paragraph 1 lit. b GDPR): We process your data in order to fulfill a contract or pre-contractual obligations with you. For example, if we conclude a sales contract with you, we need personal information in advance.
3. Legal obligation (Article 6 Paragraph 1 lit. c GDPR): If we are subject to a legal obligation, we will process your data. For example, we are legally required to keep invoices for our bookkeeping. These usually contain personal data.
4. Legitimate interests (Article 6 Paragraph 1 lit. f GDPR): In the case of legitimate interests that do not restrict your basic rights, we reserve the right to process personal data. For example, we have to process certain data in order to be able to operate our website securely and economically. Therefore, the processing is a legitimate interest.

Other conditions such as making recordings in the interest of the public, the exercise of official authority as well as the protection of vital interests do not usually occur with us. Should such a legal basis be relevant, it will be disclosed in the appropriate place.

In addition to the EU regulation, national laws also apply:

• In Austria this is the Austrian Data Protection Act (Datenschutzgesetz), in short DSG.
• In Germany this is the Federal Data Protection Act (Bundesdatenschutzgesetz), in short BDSG.

Should other regional or national laws apply, we will inform you about them in the following sections.

Contact details of the data protection controller

You can contact us at:

BFSM Schadenermittlung GmbH 
Bernhard Mader (CEO)
Gunnersdorf 23/2/2 
A-3142 Perschling 

Our Data Protection Officer:
Ulrike Gutkas, MA
+43 720 518891
[email protected]

Storage Period

It is a general criterion for us to store personal data only for as long as is absolutely necessary for the provision of our services and products. This means that we delete personal data as soon as any reason for the data processing no longer exists. In some cases, we are legally obliged to keep certain data stored even after the original purpose no longer exists, such as for accounting purposes.

If you want your data to be deleted or if you want to revoke your consent to data processing, the data will be deleted as soon as possible, provided there is no obligation to continue its storage.

We will inform you below about the specific duration of the respective data processing, provided we have further information.

Rights in accordance with the General Data Protection Regulation

In accordance with Articles 13, 14 of the GDPR, we inform you about the following rights you have to ensure fair and transparent processing of data:

• According to Article 15 DSGVO, you have the right to information about 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;
  • 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 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 standard format upon request.
• According to Article 21 DSGVO, 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 conduct profiling, you may object to this type of data processing at any time. We may no longer use your data for profiling thereafter.
• According to Article 22 of the GDPR, you may have the right 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.

In short: you have rights – do not hesitate to contact the responsible party listed above with us!

If you believe that the processing of your data violates data protection law or 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.dsb.gv.at/. In Germany, there is a data protection officer for each federal state. For more information, you can contact the Federal Commissioner for Data Protection and Freedom of Information (BfDI). The following local data protection authority is responsible for our company:

Austria Data protection authority

Manager: Mag. Dr. Andrea Jelinek
Address: Barichgasse 40-42, 1030 Wien
Phone number.: +43 1 52 152-0
E-mail address: [email protected]
Website: https://www.dsb.gv.at/

Data Processing Agreement (DPA)

In this section, we would like to explain what a Data Processing Agreement is and why it is needed. As the term “Data Processing Agreement” is quite lengthy, we will often only use the acronym DPA here in this text. Like most companies, we do not work alone, but also use the services of other companies or individuals. By involving different companies or service providers, we may pass on personal data for processing. These partners then act as processors with whom we conclude a contract, the so-called Data Processing Agreement (DPA). Most importantly for you to know is that any processing of your personal data takes place exclusively according to our instructions and must be regulated by the DPA.

Who are the processors?

As a company and website owner, we are responsible for any of your data that is processed by us. In addition to the controller, there may also be so-called processors involved. This includes any company or person who processes your personal data. More precisely and according to the GDPR’s definition, this means: Any natural or legal person, authority, institution or other entity that processes your personal data is considered a processor. Processors can therefore be service providers such as hosting or cloud providers, payment or newsletter providers or large companies such as Google or Microsoft.

To make the terminology easier to comprehend, here is an overview of the GDPR’s three roles:

Data subject (you as a customer or interested party) → Controller (we as a company and contracting entity) → Processors (service providers such as web hosts or cloud providers)

Contents of a Data Processing Agreement

As mentioned above, we have concluded a DPA with our partners who act as processors. First and foremost, it states that the processor processes the data exclusively in accordance with the GDPR. The contract must be concluded in writing, although an electronic contract completion is also considered a “written contract”. Any processing of personal data only takes place after this contract is concluded. The contract must contain the following:

• indication to us as the controller
• obligations and rights of the controller
• categories of data subjects
• type of personal data
• type and purpose of data processing
• subject and duration of data processing
• location of data processing

Furthermore, the contract contains all obligations of the processor. The most important obligations are:

• ensuring data security measures
• taking possible technical and organisational measures to protect the rights of the data subject
• maintaining a data processing record
• cooperation with the data protection authority upon request
• performing a risk analysis for any received personal data
• subprocessors may only be appointed with the written consent of the controller

You can see an example of what a DPA looks like at https://gdpr.eu/data-processing-agreement/. This link shows a sample contract.

Cookies

What are cookies?

Our website uses HTTP-cookies to store user-specific data.
In the following we explain what cookies are and why they are used, so that you can better understand the following privacy policy.

Whenever you surf the Internet, you are using a browser. Common browsers are for example, Chrome, Safari, Firefox, Internet Explorer and Microsoft Edge. Most websites store small text-files in your browser. These files are called cookies.

It is important to note that cookies are very useful little helpers. Almost every website uses cookies. More precisely, these are HTTP cookies, as there are also other cookies for other uses. HTTP cookies are small files that our website stores on your computer. These cookie files are automatically placed into the cookie-folder, which is the “brain” of your browser. A cookie consists of a name and a value. Moreover, to define a cookie, one or multiple attributes must be specified.

Cookies store certain user data about you, such as language or personal page settings. When you re-open our website to visit again, your browser submits these “user-related” information back to our site. Thanks to cookies, our website knows who you are and offers you the settings you are familiar to. In some browsers, each cookie has its own file, while in others, such as Firefox, all cookies are stored in one single file.

The following graphic shows a possible interaction between a web browser such as Chrome and the web server. The web browser requests a website and receives a cookie back from the server. The browser then uses this again as soon as another page is requested.

There are both first-party cookies and third-party cookies. First-party cookies are created directly by our site, while third-party cookies are created by partner-websites (e.g. Google Analytics). Each cookie must be evaluated individually, as each cookie stores different data. The expiry time of a cookie also 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 your PC’s information.

This is an example of how cookie-files can look:

Name: _ga
Value: GA1.2.1326744211.152122522848-9
Purpose: Differentiation between website visitors
Expiry date: after 2 years

A browser should support these minimum sizes:

• At least 4096 bytes per cookie
• At least 50 cookies per domain
• At least 3000 cookies in total

Which types of cookies are there?

The exact cookies that we use, depend on the used services, which will be outlined in the following sections of this privacy policy. Firstly, we will briefly focus on the different types of HTTP-cookies.

There are 4 different types of cookies:

Essential cookies
These cookies are necessary to ensure the basic functions of a website. They are needed when a user for example puts a product into their shopping cart, then continues surfing on different websites and comes back later in order to proceed to the checkout. These cookies ensure the shopping cart does not get deleted, even if the user closes their browser window.

Purposive cookies
These cookies collect information about user behaviour and whether the user receives any error messages. Furthermore, these cookies record the website’s loading time as well as its behaviour in different browsers.

Target-orientated cookies
These cookies ensure better user-friendliness. Thus, information such as previously entered locations, fonts sizes or data in forms stay stored.

Advertising cookies
These cookies are also known as targeting cookies. They serve the purpose of delivering customised advertisements to the user. This can be very practical, but also rather annoying.

Upon your first visit to a website you are usually asked which of these cookie-types you want to accept. Furthermore, this decision will of course also be stored in a cookie.

If you want to learn more about cookies and do not mind technical documentation, we recommend https://tools.ietf.org/html/rfc6265, the Request for Comments of the Internet Engineering Task Force (IETF) called “HTTP State Management Mechanism”.

Purpose of processing via cookies

The purpose ultimately depends on the respective cookie. You can find out more details below or from the software manufacturer that sets the cookie.

Which data are processed?

Cookies are little helpers for a wide variety of tasks. Unfortunately, it is not possible to tell which data is generally stored in cookies, but in the privacy policy below we will inform you on what data is processed or stored.

Storage period of cookies

The storage period depends on the respective cookie and is further specified below. Some cookies are erased after less than an hour, while others can remain on a computer for several years.

You can also influence the storage duration yourself. You can manually erase all cookies at any time in your browser (also see “Right of objection” below). Furthermore, the latest instance cookies based on consent will be erased is after you withdraw your consent. The legality of storage will remain unaffected until then.

Right of objection – how can I erase cookies?

You can decide for yourself how and whether you want to use cookies. Regardless of which service or website the cookies originate from, you always have the option of erasing, deactivating or only partially accepting cookies. You can for example block third-party cookies but allow all other cookies.

If you want to find out which cookies have been stored in your browser, or if you want to change or erase cookie settings, you can find this option in your browser settings:

Chrome: Clear, enable and manage cookies in Chrome

Safari: Manage cookies and website data in Safari

Firefox: Clear cookies and site data in Firefox

Internet Explorer: Delete and manage cookies

Microsoft Edge: Delete cookies in Microsoft Edge

If you generally do not want cookies, you can set up your browser in a way to notify you whenever a cookie is about to be set. This gives you the opportunity to manually decide to either permit or deny the placement of every single cookie. This procedure varies depending on the browser. Therefore, it might be best for you to search for the instructions in Google. If you are using Chrome, you could for example put the search term “delete cookies Chrome” or “deactivate cookies Chrome” into Google.

Legal basis

The so-called “cookie directive” has existed since 2009. It states that the storage of cookies requires your consent (Article 6 Paragraph 1 lit. a GDPR). Within countries of the EU, however, the reactions to these guidelines still vary greatly. In Austria, however, this directive was implemented in Section 96 (3) of the Telecommunications Act (TKG). In Germany, the cookie guidelines have not been implemented as national law. Instead, this guideline was largely implemented in Section 15 (3) of the Telemedia Act (TMG).

For absolutely necessary cookies, even if no consent has been given, there are legitimate interests (Article 6 (1) (f) GDPR), which in most cases are of an economic nature. We want to offer our visitors a pleasant user experience on our website. For this, certain cookies often are absolutely necessary.

This is exclusively done with your consent, unless absolutely necessary cookies are used. The legal basis for this is Article 6 (1) (a) of the GDPR.

In the following sections you will find more detail on the use of cookies, provided the used software does use cookies.

Website Builders Introduction

What are website builders?

We use a modular website builder for our website. This is a special form of Content Management System (CMS). Website builders enable website operators to create websites very easily and without any programming knowledge. In many cases, web hosts also offer website builders. Your personal data may be collected, stored and processed if a website builder is being used. In this Privacy Policy, you will find general information about data that is processed by such modular website builder systems. You can find more information in the respective provider’s Privacy Policy.

Why do we use website builders for our website?

The greatest advantage of modular website builders is their ease of use. We want to offer you a clear, simple and nicely designed website that we can easily operate and maintain by ourselves – without needing any external support. Nowadays website builders offer many helpful functions that we can use even without having any programming knowledge. This enables us to design our website according to our wishes and therefore, to give you an informative and pleasant experience on our website.

Which data are stored by website builders?

First of all, the exact data that is stored depends on the website builder that is being used. Each provider processes and collects different data from website visitors. However, technical usage information such as users’ operating system, browser, screen resolution, language and keyboard settings, hosting provider as well as the date of the website visit are usually collected. Moreover, tracking data (e. g. browser activity, clickstream activities, session heat maps, etc.) may also be processed. The same goes for personal data, since data such as contact information e. g. email address, telephone number (if you have provided it), IP address and geographic location data may also be processed and stored. In the respective provider’s Privacy Policy you can find out exactly which of your data is getting stored.

How long and where are the data stored?

Provided that we have any further information on this, we will inform you below about the duration of the data processing associated with the website builder we use. You can find detailed information on this in the provider’s Privacy Policy. Generally, we only process personal data for as long as is absolutely necessary to provide our services and products. The provider may store your data according to their own specifications, over which we have no influence.

Right to object

You always retain the right to information, rectification and erasure of your personal data. If you have any questions, you can also contact the responsible parties at the respective website builder system at any time. You can find the corresponding contact details either in our Privacy Policy or on the website of the respective provider.

What is more, in your browser you can clear, disable or manage cookies that providers use for their functions. Depending on the browser you use, this can be done in different ways. Please note, that this may lead to not all functions working as usual anymore.

Legal Bases

We have a legitimate interest in using a website builder system to optimise our online service and present it in an efficient and user-friendly way. The corresponding legal basis for this is Article 6 (1) (f) GDPR (legitimate interests). However, we only use the website builder system if you have consented to it.

If the processing of data is not absolutely necessary for the operation of the website, your data will only be processed on the basis of your consent. This particularly applies to tracking activities. The legal basis for this is Article 6 (1) (a) GDPR.

With this Privacy Policy, we have made you more familiar with the most important general information on data processing. If you want to find out more about this, you will find further information – if available – in the following section or in the Privacy Policy of the provider.

GoDaddy Privacy Policy

We use GoDaddy for our website, which is a modular website system. The provider of this service is the American company GoDaddy Inc., 2155 E. GoDaddy Way, Tempe, AZ 85284, USA.

GoDaddy also processes data in the USA, among other countries. We would like to note, that according to the European Court of Justice, there is currently no adequate level of protection for data transfers to the USA. This can be associated with various risks to the legality and security of data processing.

GoDaddy uses standard contractual clauses approved by the EU Commission as basis for data processing by recipients based in third countries (outside the European Union, Iceland, Liechtenstein, Norway and especially in the USA) or data transfer there (= Art. 46, paragraphs 2 and 3 of the GDPR). These clauses oblige GoDaddy to comply with the EU‘s level of data protection when processing relevant data outside the EU. These clauses are based on an implementing order by the EU Commission. You can find the order and the clauses here: https://ec.europa.eu/commission/presscorner/detail/en/ip_21_2847.

You can find out more about the data processed by GoDaddy in the privacy policy at https://uk.godaddy.com/legal/agreements/privacy-policy.

WordPress.com Privacy Policy

We use the well-known content management system WordPress.com for our website. The service provider is the American company Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA.

What is WordPress?

The company was founded in 2003 and quickly developed into one of the most famous content management systems (CMS) worldwide. A CMS is a software that helps us design our website and display content beautifully and in an organized manner. The content can include text, audio, and video.
By using WordPress, personal data about you may also be collected, stored, and processed. Typically, mainly technical data such as operating system, browser, screen resolution, or hosting provider are stored. However, personal data such as IP address, geographic data, or contact information may also be processed.

Why do we use WordPress?

Programming is not one of our core competencies. Nevertheless, we want to have a powerful and attractive website that we can manage and maintain ourselves. With a website builder system or a content management system like WordPress, this is possible. With WordPress, we don’t need to be programming experts to offer you a beautiful website. Thanks to WordPress, we can quickly and easily operate our website even without technical knowledge. If technical problems arise or we have special requests for our website, we still have our experts who are familiar with HTML, PHP, CSS, and the like.

How secure is the data transfer with WordPress?

WordPress processes data from you, among other things, also in the USA. We would like to point out that, according to the European Court of Justice, there is currently no adequate level of protection for data transfers to the USA. This can entail various risks for the legality and security of data processing.
As the basis for data processing by recipients located in third countries (outside the European Union, Iceland, Liechtenstein, Norway, especially in the USA) or for transferring data to them, WordPress uses so-called standard contractual clauses (= Art. 46 para. 2 and 3 GDPR). Standard Contractual Clauses (SCC) are templates provided by the European Commission and are intended to ensure that your data complies with European data protection standards even when transferred to third countries (such as the USA) and stored there. Through these clauses, WordPress commits to maintaining the European level of data protection when processing your relevant data, even if the data is stored, processed, and managed in the USA. These clauses are based on an implementing decision of the European Commission. You can find the decision and the corresponding standard contractual clauses, among others, here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?locale=de
The data processing conditions (Data Processing Agreements), which correspond to the standard contractual clauses, can be found at https://wordpress.com/support/data-processing-agreements/.

You can learn more about the data processed through the use of WordPress.com in the privacy policy at https://automattic.com/de/privacy/.

Cookie Consent Management Platform

What is a cookie consent management platform?

We use a Consent Management Platform (CMP) software on our website that makes it easier for us and you to handle the scripts and cookies used correctly and securely. The software automatically creates a cookie pop-up, scans and controls all scripts and cookies, provides you with the cookie consent required under data protection law and helps you and us to keep track of all cookies. Most cookie consent management tools identify and categorize all existing cookies. As a website visitor, you then decide for yourself whether and which scripts and cookies you allow or not. The following graphic shows the relationship between browser, web server and CMP.

Why do we use a cookie management tool?

Our goal is to offer you the best possible transparency in the area of ​​data protection. We are also legally obliged to do so. We want to inform you as well as possible about all tools and all cookies that can save and process your data. It is also your right to decide for yourself which cookies you accept and which you do not. In order to grant you this right, we first need to know exactly which cookies actually landed on our website. Thanks to a cookie management tool, which regularly scans the website for all cookies present, we know about all cookies and can provide you with GDPR-compliant information. You can then use the consent system to accept or reject cookies.

Which data are processed?

As part of our cookie management tool, you can manage each individual cookie yourself and have complete control over the storage and processing of your data. The declaration of your consent is stored so that we do not have to ask you every time you visit our website and we can also prove your consent if required by law. This is saved either in an opt-in cookie or on a server. The storage time of your cookie consent varies depending on the provider of the cookie management tool. Usually this data (e.g. pseudonymous user ID, time of consent, detailed information on the cookie categories or tools, browser, device information) is stored for up to two years.

Duration of data processing

We will inform you below about the duration of the data processing if we have further information. In general, we only process personal data for as long as is absolutely necessary for the provision of our services and products. Data stored in cookies are stored for different lengths of time. Some cookies are deleted after you leave the website, others may be stored in your browser for a few years. The exact duration of the data processing depends on the tool used, in most cases you should be prepared for a storage period of several years. In the respective data protection declarations of the individual providers, you will usually receive precise information about the duration of the data processing.

Right of objection

You also have the right and the option to revoke your consent to the use of cookies at any time. This works either via our cookie management tool or via other opt-out functions. For example, you can also prevent data collection by cookies by managing, deactivating or deleting cookies in your browser.

Information on special cookie management tools can be found – if available – in the following sections.

Legal basis

If you agree to cookies, your personal data will be processed and stored via these cookies. If we are allowed to use cookies with your consent (Article 6 paragraph 1 lit. a GDPR), this consent is also the legal basis for the use of cookies and the processing of your data. In order to be able to manage the consent to cookies and to enable you to give your consent, a cookie consent management platform software is used. The use of this software enables us to operate the website in an efficient and legally compliant manner, which is a legitimate interest (Article 6 paragraph 1 lit. f GDPR).

AdSimple Consent Manager Privacy Policy

What is the AdSimple Consent Manager?

On our website we use the AdSimple Consent Manager of the software development and online marketing company AdSimple GmbH, Fabriksgasse 20, 2230 Gänserndorf, Austria. The AdSimple Consent Manager offers us, among other things, the opportunity to provide you with a cookie notice that is comprehensive and compliant with data protection laws. This gives you the opportunity to decide which cookies you want to allow or deny. By using this software, data is sent from you to AdSimple, where it is stored. In this privacy policy we inform you on why we use the AdSimple Consent Manager, which data is transferred and stored and how you can prevent this data transfer.

The AdSimple Consent Manager is a software that scans our website to identify and categorise all existing cookies. Additionally, you as the website visitor will be informed on the use of cookies via a cookie notice script. Then you can decide yourself which cookies you want to allow or deny.

Why do we use the AdSimple Consent Manager on your website?

We want to offer you maximum transparency when it comes to data protection. Before we can do so, we need to exactly determine which cookies have ended up on our website over time. Since the AdSimple consent manager regularly scans our website and locates all cookies, we have full control over these cookies and can therefore act in compliance with the GDPR. This enables us to inform you precisely on the use of cookies on our website.
Moreover, you will always receive an up-to-date cookie notice that is data-protection compliant. This enables you to decide yourself which cookies you want to allow or deny via the checkbox system.

Which data are stored by the AdSimple Consent Manager?

If you agree to cookies on our website, AdSimple Consent Manager will set the following cookie:

Name: acm_status
Value: “:true,”statistics”:true,”marketing”:true,”socialmedia”:true,”settings”:true}
Porpose: This cookie saves the status of your consent. This enables our website to read and adhere to the latest status, even during future visits.
Expiry date: after one year

How long and where are the data stored?

All data collected by the AdSimple Consent Manager is transferred and stored exclusively within the European Union. The collected data is stored on the AdSimple servers at Hetzner GmbH in Germany. Therefore, only AdSimple GmbH and Hetzner GmbH have access to the data.

How can I erase my data or prevent data retention?

You have the right to access and delete your personal data at any time. You can prevent data collection and storage by for example rejecting the use of cookies via the cookie notification script. Another option to prevent data processing or to manage it according to your wishes is your browser. Depending on the browser you use, managing cookies differs slightly. Below you will find links to the instructions for the most common browsers:

Chrome: Clear, enable and manage cookies in Chrome

Safari: Manage cookies and website data in Safari

Firefox: Clear cookies and site data in Firefox

Internet Explorer: Delete and manage cookies

Microsoft Edge: Delete cookies in Microsoft Edge

Legal basis

If you agree to cookies, your personal data will be processed and stored via these cookies. If we are allowed to use cookies with your consent (Article 6 (1) (a) GDPR), this consent is also the legal basis for the use of cookies and the processing of your data. The AdSimple Consent Manager is used to manage your consent to cookies and to enable you to give your consent. The use of this software enables us to operate the website in an efficient and legally compliant manner, which is a legitimate interest (Article 6 (1) lit.f GDPR).

We hope we were able to provide you with a good overview of data traffic and data processing by AdSimple Consent Manager. If you want to learn more about this tool, we recommend the description page at https://www.adsimple.at/consent-manager/.

Explanation of the terminology used

We always strive to make our privacy policy as clear and comprehensible as possible. However, this is not always easy, especially when it comes to technical and legal matters. It is often sensible to use legal terms (such as ‘personal data)’ or certain technical terms (such as ‘cookies’ or ‘IP address’). But we don’t want to use such terms without any explanation. This is why you will find an alphabetical list of important terms used below. These are terms we may not yet have sufficiently explained in the privacy policy. In case we have adopted any of these terms from the GDPR which are definitions, we will also list the GDPR texts here and add our own further explanations if necessary.

Processor

Definition according to Article 4 of the GDPR

For the purposes of this Regulation, the term means:

“processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;

Explanation: As a company and a website owner, we are responsible for all your data we process (i. e. the ‘controller’). In addition to the controller, there may also be so-called processors. This includes any company or person who processes personal data on our behalf. In addition to service providers such as tax consultants, processors can also be hosting or cloud providers, payment or newsletter providers or large companies such as Google or Microsoft.

Consent

Definition according to Article 4 of the GDPR

For the purposes of this Regulation, the term means:

“consent” of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;

Explanation: With websites, such consent is usually given via a cookie consent tool. You’ve most certainly come across these. Whenever you visit a website for the first time, you will usually be asked via a banner whether you agree or consent to the data processing. You can usually also make individual settings and thus decide for yourself which level of data processing you want to allow. If you do not give your consent, no personal data may be processed. Consent can of course also be given in writing, i.e. not via a tool.

Personal Data

Definition according to Article 4 of the GDPR

For the purposes of this Regulation, the term means:

“personenal data” means any information relating to an identified or identifiable natural person (‘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;

Explanation: Personal data is all data that can identify you as a person. This is usually data such as:

• name
• address
• email address
• postal address
• phone number
• birthday
• identification numbers such as social security number, tax identification number, ID card number or matriculation number
• banking data such as account number, credit information, account balances and more.

According to the European Court of Justice (ECJ), your IP address is also personal data. IT experts can use your IP address to determine at least the approximate location of your device and subsequently your location as the connection owner. Therefore, storing an IP address also requires a legal basis within the scope of the GDPR. There are also so-called “special categories” of personal data, which are particularly worthy of protection. These include:

• racial and ethnic origin
• political opinions
• religious or ideological beliefs
• Union membership
• genetic data such as data obtained from blood or saliva samples
• biometric data (this is information about psychological, physical or behavioural characteristics that can identify an individual).
  health Data
• Data relating to sexual orientation or sex life

Profiling

Definition according to Article 4 of the GDPR

For the purposes of this Regulation, the term means:

“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 analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;

Explanation: Profiling collects various personal data about an individual in order to learn more about that individual. On the internet, profiling is often used for advertising purposes or for credit checks. Web and advertising analysis programs e. g. collect data about your behaviour and interests on a website. This results in a special user profile that can be used to target advertising to specific target groups.

Controller

Definition according to Article 4 of the GDPR

For the purposes of this Regulation, the term means:

“controller” means 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 its nomination may be provided for by Union or Member State law;

Explanation: In our example, we are responsible for the processing of your personal data and are therefore the “controller”. If we pass on collected data to other service providers for processing, they are considered “contract processors”. For this, a “Data Processing Agreement (DPA)” must be concluded.

Processing

Definition according to Article 4 of the GDPR

For the purposes of this Regulation, the term means:

“processing” means 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, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

Note: When we talk about processing in our Privacy Policy, we talk about any type of data processing. As mentioned above in the original GDPR declaration, this includes not only the collection but also the storage and processing of data.

All texts are copyrighted.

I General information

These terms and conditions apply in the relationship between contractor and client and are part of the contracts, follow-up and complementary orders as well as any agreements concluded by the contractor and the client.

II Definition of terms

Investigative Agency: The investigative agency (BFSM Schadenermittlung GmbH) is the contractor under these terms and conditions.

Client: A client is any natural or legal person who commissions the contractor with the provision of a service pursuant to these terms and conditions.

Investigation: An investigation is the collection of information as ordered.

Observation: Observation is the purposeful surveillance of people as well as moveable and/or immoveable objects in order to obtain information.

Report: A report is the written summary of the investigation and/or observation result.

Subcontractor: A subcontractor is a company commissioned by the contractor with the full or partial provision of the performance the contractor owes the client.

Third parties: A third party is any natural or legal person that is neither the contractor nor the client, with the exception of any employees working for the contractor and the client.

III Contractual object

The contractual objects are the collection of information on (legally relevant) matters, obtaining evidence for (legally relevant) matters, and reporting.

The client commissions the contractor on a case-by-case basis with the provision of services in the categories “investigations” and “observations”.

The contractor shall make his reports available to the client for internal use. Any other use shall only be permitted subject to express consent of the contractor.

The contractor shall not owe any defined success, which is why the contract is not a contract for services in terms of the provisions of the Law on the General Terms of Business (AGBG). The client enables and authorises the contractor to make any and all expedient and necessary arrangements in order to fulfil the contract.

IV Contract conclusion

The contract between the contractor and the client is concluded once the contractor has received a written or oral order from the client and if this order was accepted by the contractor.

If the client does not have a constant business relationship with the contractor (framework agreement), these terms and conditions shall be deemed accepted if the client does not raise any objections thereto within 2 working days.

The client guarantees that he does not pursue any immoral or illegal purposes with the order.

V Subcontractors

The contractor shall have the right to commission subcontractors with the provision of services owed to the client.

VI Remuneration

Fees are invoiced based on the expenses incurred by the contractor. To be invoiced are hourly rates, kilometre allowance, and other expenses. Fees shall be subject to individual agreements on a case-by-case basis.

The client shall be in default if he does not make the payment within five days of the fees being due. If the client is in default with a payment, the client agrees to pay interest on arrears of 9.2 % per year. Additionally, the client agrees to reimburse any costs incurred in connection with the collection (amongst others, dunning and collection costs, lawyer fees).

Services of the contractor that have to be provided after the end of the contract as a result of the original contract (such as due to summoning of witnesses, information and disclosure obligations under the GDPR, etc.), shall be reimbursed by the client in accordance with the fee agreed in the main contract. The contractor shall be entitled to a kilometre allowance and to reimbursement of other expenses.

VII Liability

In the course of the order implementation, the contractor shall provide the contracting party with information in electronic and/or in paper form. The contracting party uses this information for the legal enforcement or the legal defence and/or for the verification of their rights and legal claims.

This can be connected to the forwarding of information to third parties. Additionally, the actions carried out by the contractor for the fulfilment of the order (observation of persons and goods, investigations, etc.) may lead to the enforcement of third-party claims towards the contractor. The contracting party undertakes to indemnify the contractor and to exempt the contractor from any claims in the event of such enforcement.

VIII Secrecy obligation

The Contractor is affected by a secrecy obligation due to occupational provisions (Section 130 para 5 GewO [Industrial Code]). In exceptional cases, the Client shall ensure that the Contractor or employee of the Contractor is released from the secrecy obligation in the event of witness interviews.

If the own interests of the Contractor which exist in connection with the awarding of a contract are affected (e.g. Contractor is used to settle a complaint or must take legal steps themselves), the Client is obligated to issue a release from the secrecy obligation or to make good all damages caused to the Contractor by not releasing them from this.

IX Other

By accepting these terms and conditions, you confirm acknowledgement of the privacy policy. The privacy policy contains all necessary information regarding the processing of data and the rights of data subjects under the GDPR and can be accessed under http://www.bfsm.eu/.

Protecting your personal data is a particular concern of us. We therefore handle your data exclusively according to the legal requirements (GDPR, Data Protection Act 2018, Telecommunications Act 2003). In this information section, we provide you with information about the key aspects of data processing at BFSM Schadenermittlung GmbH.

General processing

We only process your personal data, such as contact details, billing information, data regarding your enquiries and similar, for the intended purposes.

The data you provide are necessary for contact purposes. We contact you subject to your consent, our legitimate interest, and to fulfil contracts. Without these data, we cannot conclude a contract with you, cannot reply to your enquiry or cannot contact you.

The data will be used as follows:

• contact details for contacting you, communications, and arranging appointments
• meeting official requirements, such as managing Accounting
• for payment transactions
• in case of insured events, to disclose information to the insurance in question
• in case of non-payment of an invoice for collection of outstanding amounts via a collection agency or a lawyer
• in our function, we process the data in accordance with the instructions of our clients

Erasure of data

We shall not store data for longer than necessary to fulfil our contractual or statutory obligations and to defend ourselves against any liability claims.

Contact

You can contact us at:

BFSM Schadenermittlung GmbH 
Bernhard Mader (CEO)
Gunnersdorf 23/2/2 
A-3142 Perschling 

Our Data Protection Officer:
Ulrike Gutkas, MA
+43 720 518891
[email protected]

Explanation on rights of appeal

In principle, you have the right to access, rectification, erasure, restriction, data portability, and objection. Please contact us to exercise these rights.

If you believe that the processing of your data infringes applicable data protection legislation, or that your legal claim to data protection may be violated in some way, you can complain to the relevant supervisory authority.