BFSM Schadenermittlung GmbH
A-3142 Perschling, Gunnersdorf 6
Phone: +43 (0) 2784 - 7104
office@bfsm.eu

Company name: BFSM Schadenermittlung GmbH

Name of the contact person: Bernhard Mader (Managing Director)
Complete address as listed in the commercial register: A-3142 Perschling, Gunnersdorf 6
phone number: +43 (0) 2784 - 7104
e-mail address: office@bfsm.eu

Purpose of the company: Professional investigation company - Ascertainment of damage for insurances
GISA number: 14072123 / commercial register number: 319-PLW1-G-10785
Supervisory authority: Bezirkshauptmannschaft St. Pölten
Commercial authorisation regulation: Security business (professional investigators, security guards), limited to professional investigators (Commercial Code 1994, section 129 and section 130)

Company ID number: ATU55520804
Commercial register number: 226207h
Commercial register court: Regional Court of St. Pölten

Photos: pixabay.com (CC0 Creative Commons), fotolia.com (Fotolia standard licence)
web design/programming: EJK - IT-Dienstleistungen, Engelbert J. Krapf

Copyright

All content on this website is subject to copyright. Texts, images, and graphics are protected by copyright and other rights protecting intellectual property. The content may not be copied, disseminated, edited or made available to third parties for commercial purposes.

Personal data

Personal data that you transfer electronically through this website, for example name, e-mail address, address and other personal data, shall only be used by us for the specified purpose, shall be stored securely and shall not be disclosed to third parties. The provider automatically collects and saves information regarding the web server, such as the browser used, operating system, referrer website, IP address, time of access etc. This data cannot be linked to specific individuals without checking other data sources and we will not analyse these data any further for as long as our website was not used in an unlawful manner.

Data from forms and comments

If visitors of the website leave comments or make entries into forms, the entered data and their IP addresses will be saved. This is done for security purposes, should anyone post unlawful content (insults, propaganda for the extreme left or right, hate posts, etc.). In such cases, we are interested in the identity of the author.

Cookies

Cookies are small files that allow this website to save certain information about the user on the computer of the visitor while they are visiting our website. Cookies help us to determine the frequency of use and the number of people using out websites, as well as to make our content comfortable and efficient for you. On the one hand, we use session cookies that only temporarily store information for the time that you use our website, and, on the other hand, permanent cookies in order to save information on visitors who access our website repeatedly. Purpose of the use of such cookies is to be able to offer an optimised user interface and to recognise visitors as well as, in case of repeated use, to be able to present a website that is as attractive as possible with content that is as interesting as possible. The content of a permanent cookie is restricted to an identification number. Name, IP address etc. are not saved. No individual profiling regarding your user behaviour is carried out. It is possible to use our content without cookies. You can deactivate the saving of cookies in your browser, restrict it on certain websites or set your web browser (Chrome, IE, Firefox, …) to display a notification when a cookie is being sent. You may also delete cookies from your computer’s hard drive at any time. Please note, however, that you will have to expect a limited version of the website with a restricted user interface in this case.

Privacy notice regarding the use of Google Analytics

This website uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, small text files that are stored on your computer which enable an analysis of how you use our website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. In case of activating IP anonymisation on this website, however, your IP address is first abbreviated by Google within European Union member states or other states which are part of the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to assess your use of the website, to compile reports about the website activities and to perform other services connected to the use of the website and of the internet for the website operator. The IP address which Google Analytics transmits from your browser will not be associated with other data from Google. By changing your browser settings accordingly, you can prevent the cookies from being stored; however, we point out that you may not have full access to all the functions of this website in this case. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) from being processed by Google by downloading and installing the browser plug-in available under the following link (http://tools.google.com/dlpage/gaoptout?hl=de).

For more information on the terms of service and data protection, please see https://www.google.com/analytics/terms/us.html and https://support.google.com/analytics/answer/6004245?hl=en. Please note that Google Analytics was extended by the code “gat._anonymizeIp();” on this website to ensure anonymised collection of IP addresses (so-called IP masking).

Right of Access

You are entitled to access to your stored personal data, to information regarding their origin, recipients and the purpose of the data storage. Furthermore, you have the right to rectification, erasure, restriction, portability, and withdrawal of these data.

Protecting your personal data is a particular concern of ours. 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 (Managing Director)
Gunnersdorf 6 
A-3142 Perschling 

Our Data Protection Officer:
Ulrike Gutkas, MA
+43 720 518891
bfsm@gutkas-datenschutz.eu

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.

In Austria, the competent supervisory authority is the Austrian Data Protection Authority. You can contact it under the following address:

Österreichische Datenschutzbehörde
Barichgasse 40-42
1030 Wien

Telephone: +43 1 52 152-0
e-mail: dsb@dsb.gv.at

The preferred communication channel (according to their website) is e-mail.

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/.