BFSM Schadenermittlung GmbH
3142 Perschling, Gunnersdorf 23/2/2
Phone: +43 (0) 2784 – 7104
BFSM Schadenermittlung GmbH
E-Mail Address: email@example.com
Phone: +43 2784 7104
Fax: +43 2784 7104 – 20
Representative/s: Bernhard Mader (CEO)
VAT identification number: ATU55520804
Business area: Austria
Register, Type of Register and Register Number
The register is administered by: LG St. Pölten
Register number: 226207h
Bezirkshauptmannschaft St. Pölten
Am Bischofteich 1
3100 St. Pölten
legal occupational title: Professional detective agency
Country in which the professional title was awarded: Austria
3100 St. Pölten
GewO 1994, §§ 129 u. 130
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Last Update: 5. July 2021
Table of contents
- Overview of processing operations
- Contact information of the data protection officer
- Legal Bases for the Processing
BFSM Schadenermittlung GmbH
Authorised Representatives: Bernhard Mader (CEO)
E-mail address: firstname.lastname@example.org
Phone: +43 2784 7104
Contact information of the data protection officer
Overview of processing operations
The following table summarises the types of data processed, the purposes for which they are processed and the concerned data subjects.
Categories of Processed Data
- Content data (e.g. text input, photographs, videos)
- Contact data (e.g. e-mail, telephone numbers)
- Meta/communication data (e.g. device information, IP addresses)
- Usage data (e.g. websites visited, interest in content, access times)
Categories of Data Subjects
- Communication partner (Recipients of e-mails, letters, etc.)
- Users (e.g. website visitors, users of online services)
Purposes of Processing
- Direct marketing (e.g. by e-mail or postal)
- Contact requests and communication
Legal Bases for the Processing
In the following, you will find an overview of the legal basis of the GDPR on which we base the processing of personal data. Please note that in addition to the provisions of the GDPR, national data protection provisions of your or our country of residence or domicile may apply. If, in addition, more specific legal bases are applicable in individual cases, we will inform you of these in the data protection declaration.
- Consent (Article 6 (1) (a) GDPR) – The data subject has given consent to the processing of his or her personal data for one or more specific purposes.
- Legitimate Interests (Article 6 (1) (f) GDPR) – Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.
National data protection regulations in Austria: In addition to the data protection regulations of the General Data Protection Regulation, national regulations apply to data protection in Austria. This includes in particular the Federal Act on the Protection of Individuals with regard to the Processing of Personal Data (Data Protection Act – DSG). In particular, the Data Protection Act contains special provisions on the right of access, rectification or cancellation, processing of special categories of personal data, processing for other purposes and transmission and automated decision making in individual cases.
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.
The contractor shall have the right to commission subcontractors with the provision of services owed to the client.
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.
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.