DATA PROTECTION POLICY
Data protection is particularly important to BALETA Handmade. The websites of BALETA Handmade can generally be used without disclosing any personal data. However, if someone wishes to purchase any products via the website, the processing of personal data may be necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, email address or telephone number of a data subject, always takes place in accordance with the General Data Protection Regulation and the specific national data protection legislation applicable to BALETA Handmade. By means of this data protection policy we would like to notify the general public about the type, scope and purpose of the personal data that we collect, use and process. Furthermore, this data protection policy notifies data subjects of their rights.
BALETA Handmade have implemented numerous technical and organization measures to ensure that the personal data processed via this website are protected as comprehensively as possible. Despite this, the transfer of data via the internet has security vulnerabilities, so that absolute protection cannot be guaranteed. For this reason, all data subjects are at liberty to communicate personal data to us using alternative methods, e.g. by telephone.
Definitions
The BALETA Handmade data protection policy is based on the definitions used by the European legislative bodies for the General Data Protection Regulation. Our data protection policy is intended to be easy to read and understand for the general public and for our customers and business partners. To ensure that this is the case, we would first like to clarify the terms used. In this data protection policy we use the following terms:
a)Personal data
Personal 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.
b) Data subject
Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
c) Processing
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, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.
e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
f) Pseudonymisation
Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller
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.
h) Processor
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) Recipient
Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
j) Third party
Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
k) Consent
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’
Name and contact details of the controller
The controller within the meaning of the General Data Protection Regulation, other data protection legislation in the Member States of the European Union and other data protection provisions is:
BALETA Handmade
Zedras 50
9072 Ludmannsdorf
Austria
Tel.: +44 7904 090908
Email: paul@baletahandmade.com
Website: baletahandmade.com
Name and address of the data protection officer
The controller’s data protection officer is:
Alexandra Baleta
BALETA Handmade
Zedras 50
9072 Ludmannsdorf
Austria
Tel.: +44 7904 090908
Email: paul@baletahandmade.com
Any data subject can contact our data protection officer directly with questions or suggestions at any time.
Cookies
The website of BALETA Handmade uses cookies. Cookies are text files that are set and stored on a computer system by an internet browser. Many websites and servers use cookies. Many cookies contain what is known as a cookie-ID; a unique identifier for the particular cookie. It consists of a sequence of characters by which websites and servers can be assigned to the specific internet browser in which the cookie is stored. This enables the websites and servers visited to distinguish between the individual browser of the data subject and other internet browsers which have other cookies. The unique cookie-ID enables a particular internet browser to be recognised and identified.
By using cookies, BALETA Handmade is able to provide the users of this website with more convenient services, which would not be possible without setting the cookies. Example: shopping cart functionality.
Cookies enable us to optimise the information and services on our website in the interests of users. As mentioned above, cookies enable us to recognise the users of our website. The purpose of this recognition is to make it easier for them to use our website. A prime example is the cookie for a shopping basket in the BALETA Handmade online shop. The online shop uses the cookie to remember the articles that the customer has placed in the virtual shopping basket.
The data subject can prevent our website from storing cookies at any time by setting their internet browser accordingly and so permanently withhold their consent to the use of cookies.
Cookies that have already been set can also be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates cookies in the internet browser it may mean that not all the functions of our website can be used in full.
Collection of general data and information
Every time a data subject or an automated system accesses the BALETA Handmade website, the website collects a range of general data and information. These general data and information are stored in the server logfiles. The data collected may include (1) browser type and version, (2) operating system used by the accessing system, (3) the website from which the accessing system is transferred to our site (referrer), (4) the pages of our website that the accessing system visits, (5) the date and time the website is accessed, (6) the internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) any similar data and information that may be used in the event of attacks on our IT systems.
BALETA Handmade does not identify the data subject when using these general data and information. The data are used to (1) supply the contents of our website correctly, (2) optimise the contents of our website, (3) ensure the permanent functionality of our IT systems and our website technology, and (4) provide law enforcement agencies with the necessary information in the event of a cyber attack. These anonymised data are used by BALETA Handmade for statistical purposes and to improve data protection and data security in our company, ultimately in order to ensure an optimal level of protection for the personal data that we process. The anonymous data in the server logfiles are stored separately from all the personal data provided by a data subject.
a) Contact form on the website
In line with statutory provisions, the BALETA Handmade website includes information enabling rapid electronic contact to be made to our company and direct communication with us, which also includes an electronic mail or email address. When a data subject makes contact with the controller by email or by using the contact form, the personal data provided by the data subject are stored automatically. The personal data provided voluntarily to the controller by a data subject are stored for the purpose of processing or for making contact with the data subject.
b) Online shop
By using the online shop on the controller’s website the IP address assigned by the data subject’s internet service provider (ISP), the date and the time of registration are also stored. These data are stored because this is the only way to prevent the misuse of our services and the data may be needed to investigate any criminal offences committed. To this extent the storage of the data are necessary for the controller’s own protection. The data are not transferred to third parties unless there is a statutory obligation to do so or they are transferred for law enforcement purposes. The controller will tell the data subject at any time which personal data it has stored concerning the data subject. In addition, the controller will erase personal data concerning the data subject at the data subject’s request, unless there is a statutory obligation to retain the data. Data subjects can approach any of the controller’s employees with a request for information in this context.
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Shipping Details
To make use of the online shop functionality and purchase products from BALETA Handmade, the data subject will have to provide personal data on specific subjects. Which personal data are transferred to the controller and its processor can be seen from the input fields used for the secure checkout. The personal data entered by the data subject are used and stored solely for its own internal purposes by the controller. The controller may transfer the data to one or more processors, such as a parcel delivery service, which also only uses the personal data for its own internal purposes, which are attributable to the controller.
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Payment information
Payment information provided for products on the BALETA Handmade website is secured using SSL technology. BALETA Handmade does not receive any payment information - this information is transmitted through third-party providers for each payment method as follows:
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Credit/Debit Cards – Wix Payments
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PayPal – PayPal
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Online Bank Transfer – Wix Payments
Routine erasure and blocking of personal data
The controller only processes and stores the data subject’s personal data for as long as necessary to achieve the purpose of storage or insofar as it is required by European legislation or other legislation in the form of statutes or regulations to which the controller is subject.
If the purpose of storage no longer applies or storage period stipulated by European legislation or other applicable legislation expires, the personal data are routinely blocked or erased in accordance with statutory provisions.
Rights of data subjects
a) Right to confirmation
Every data subject has the right granted by European legislation to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right, they can ask an employee of the controller for confirmation at any time.
b) Right of access
Every data subject has the right granted by European legislation to obtain from the controller access to the personal data stored on them free of charge at any time and a copy of the personal data. Furthermore, European legislation has given data subjects the right to the following information:
1. the purpose of processing
2. the categories of personal data that are processed;
3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, especially recipients in third countries or international organizations
4. the planned retention period for the personal data, or if no concrete information is possible, the criteria for defining the retention period
5. the existence of a right to rectify or erase personal data relating to you, a right to restrict processing by the controller and a right to object to this processing
6. the existence of a right to lodge a complaint with a supervisory authority
7. where the personal data are not collected from the data subject: all available information about the source of the data
8. the existence of automatic decision-making, including profiling referred to in Art. 22(1) and (4) GDPR and – at least in those cases – meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to exercise this access right, they can ask an employee of the controller for confirmation at any time.
c) Right to rectification
Every data subject has the right granted by European legislation to obtain the rectification without undue delay of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject also has the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, they can approach an employee of the controller at any time.
d) Right to erasure (right to be forgotten)
Every data subject has the right granted by European legislation to obtain from the controller the erasure of personal data concerning them without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies and the processing is not necessary:
1. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
2. The data subject withdraws the consent on which the processing is based according to point (a) of Art. 6(1), or point (a) of Art. 9(2) GDPR, and there is no other legal ground for the processing.
3. The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
4. The personal data have been unlawfully processed.
5. The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
6. The personal data have been collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.
If one of the aforementioned grounds applies and a data subject wishes to request the erasure of personal data stored by BALETA Handmade, they can contact an employee of the controller at any time. The BALETA Handmade employee will ensure that the erasure request is fulfilled without undue delay. Where BALETA Handmade has made personal data public and is obliged pursuant to Article 17(1) GDPR to erase the personal data, AF Business Transformation Coaching GmbH, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The employee of BALETA Handmade will arrange the necessary measures in individual cases.
e) Right to restriction of processing
Every data subject has the right granted by European legislation to obtain restriction of processing from the controller when one of the following conditions applies:
1. The data subject contests the accuracy of the personal data, for a period enabling the controller to verify the accuracy of the personal data.
2. The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
3. The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
4. The data subject has objected to processing pursuant to Article 21(1) GDPR and it has not yet been determined whether the legitimate interests of the controller override those of the data subject. If one of the aforementioned grounds applies and a data subject wishes to request the restriction of processing of personal data stored by BALETA Handmade, they can contact an employee of the controller at any time. The employee of BALETA Handmade will arrange the restriction of processing.
f) Right to data portability
Every data subject has the right granted by European legislation to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR, or on a contract pursuant to point (b) of Article 6(1) GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. In order to assert the right to data portability, the data subject may at any time contact an employee of BALETA Handmade.
g) Right to object
Every data subject has the right granted by European legislation to object, on grounds relating to their particular situation, at any time to processing of personal data concerning them which is based on point (e) or (f) of Art. 6(1) GDPR, including profiling based on those provisions. If the data subject objects, BALETA Handmade will no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or the processing is for the establishment, exercise or defence of legal claims.
Where BALETA Handmade processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling, insofar as it takes place in connection with such direct advertising. If the data subject objects to BALETA Handmade to the processing for direct marketing purposes, BALETA Handmade will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to the processing of personal data concerning him or her by BALETA Handmade for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise their right to object, the data subject may contact any employee of BALETA. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by European legislation not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent. If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, BALETA Handmade shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision. If a data subject wishes to exercise their rights concerning automated decision-making, they can contact an employee of the controller at any time.
i) Right to withdraw consent to data processing
Every data subject has the right granted by European legislation to withdraw their consent to the processing of personal data at any time. If a data subject wishes to exercise their right to withdraw consent, they can contact an employee of the controller at any time.
Data protection for job applications and application
procedures
The controller collects and processes the personal data of job applicants for the purpose of conducting the application procedure. Processing may also take place electronically. This is particularly the case when a candidate sends application documents to the controller electronically, by email for example, or by using an online form on the website. If the controller enters into an employment contract with a candidate, the data sent are stored for the purpose of processing the employment relationship in accordance with statutory provisions. If the controller does not enter into an employment contract with the candidate, the application documents are erased six months after the decision to reject the candidate has been announced, unless this conflicts with any other legitimate interests or contractual obligations towards recruitment agencies acting for the controller. Another legitimate interest in this context could be for example an obligation to provide evidence in legal proceedings under the General Act on Equal Treatment (AGG). Other contractual obligations in this context could be for example a recourse claim by a recruitment agency, which is why an application is erased twelve months after the decision to reject a candidate has been made known.
a) Location-based services
BALETA Handmade uses location-based services to alert visitors to the website to vacant positions in their local area and so to facilitate their search. Data subjects are asked to activate location-based services by a pop-up window in their web browser. Data subjects therefore have to actively approve the use of location-based services. To determine the data subject’s location, a tracking method is used which derives their region from their IP address.
Data protection provisions concerning the use of YouTube
The controller may integrate components from YouTube on this website. YouTube is an online video portal that enables publishers to upload video clips free of charge and other users to view, rate and comment on them, also free of charge. YouTube allows all kinds of videos to be published, so complete films and television programmes, as well as music videos, trailers and user-generated videos can be accessed via the online portal.
The operator of the YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.
YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA
94043-1351, USA.
Every time the visitor accesses one of the pages of this website, which is operated by the controller and in which a YouTube component (YouTube video) has been integrated, the YouTube component automatically causes the internet browser on the visitor’s IT system to download an image of the corresponding YouTube component from YouTube. Further information about YouTube is available from https://www.youtube.com/yt/about/de/. In the course of this technical procedure, YouTube and Google receive information about which specific pages of our website are visited by the data subject. If the data subject is logged in to YouTube at the same time, YouTube recognises which specific pages of our website are visited by the data subject every time they access a page including a YouTube video. This information is collected by YouTube and Google and assigned to the data subject’s YouTube account.
If the data subject is logged in to YouTube, their visit to our website is always notified to YouTube and Google via the YouTube component, regardless of whether the data subject clicks on a YouTube video or not. If the data subject does not want such information to be transferred to YouTube, they can prevent it by logging out of their YouTube account before accessing our website.
YouTube’s data protection policy can be retrieved from https://support.google.com/youtube/answer/7671399?hl=en.
Data protection provisions concerning the use of Instagram
The controller may integrate components from Instagram on this website. The Instagram Service is one of the Facebook Products, provided to you by Facebook Ireland Limited. Instagram is an online image and video portal that enables publishers to upload images and video clips free of charge and other users to view, rate (like) and comment on them, also free of charge. Instagram allows all kinds of images and videos to be published/posted. The operator of Instagram is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland.
Every time the visitor accesses one of the pages of this website, which is operated by the controller and in which an Instagram component has been integrated, the Instagram component automatically causes the internet browser on the visitor’s IT system to download an image of the corresponding Instagram component from Instagram. Further information about Instagram is available from https://www.instagram.com/about/us/. In the course of this technical procedure, Instagram and Facebook receive information about which specific pages of our website are visited by the data subject. If the data subject is logged in to Instagram at the same time, Instagram recognises which specific pages of our website are visited by the data subject every time they access a page including an Instagram image or video post. This information is collected by Instagram and Facebook and assigned to the data subject’s Instagram account.
If the data subject is logged in to Instagram, their visit to our website is always notified to Instagram and Facebook via the Instagram component, regardless of whether the data subject clicks on an Instagram image or video post or not. If the data subject does not want such information to be transferred to Instagram, they can prevent it by logging out of their Instagram account before accessing our website.
Instagram’s data protection policy can be retrieved from https://help.instagram.com/519522125107875.
Legal basis for processing
When our company obtains consent to data processing for a particular purpose, our processing is based on Art. 6(1)a GDPR. When the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case for supplies of goods or services or the payment of consideration, the processing takes place on the basis of Art. 6(1)b GDPR. The same applies to processing necessary for the performance of pre-contractual activities, such as requests for our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as a tax obligation, the processing is based on Art. 6(1)c GDPR. In rare cases it may become necessary to process personal data to protect the vital interests of the data subject or another natural person. This would be the case, for instance, if a visitor to our premises were to be injured and their name, age, health insurance details or other vital information had to be disclosed to a doctor, a hospital or other third parties. Processing would then be based on Art. 6(1)d GDPR. Finally, processing could be based on Art. 6(1)f GDPR. This is the legal basis for processing that is not covered by any of the preceding legal grounds, if the processing is necessary to pursue the legitimate interests of our company or a third party and these override the interests, rights and freedoms of the data subject. We are entitled to carry out such processing because European legislation specifically authorises us to do so. The legislative bodies were of the opinion that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 GDPR).
Legitimate interests in processing pursued by the
controller or a third party
To the extent that processing of personal data is based on Art. 6(1)f GDPR, the controller considers that the processing is in its legitimate interest. In this case we are acting for the benefit of our business, the welfare of all our employees and shareholders.
Duration for which personal data are stored
The criterion for determining the duration of storage of personal data is the statutory retention period; if no retention period applies, the deletion intervals defined by the controller are used. After the deadline expires, the data concerned are routinely erased, unless they are required for the performance of the contract or pre-contractual activities or for another purpose. Statutory or contractual provisions on providing personal data; requirement for entering into a contract; obligation of the data subject to provide personal data; potential consequences of noncompliance We hereby notify you that in some cases you are obliged by law to provide personal data (e.g. tax regulations) or that you may have a contractual duty to do so (e.g. information about a contracting party). In some cases it may be necessary for a data subject to provide us with personal data – which then have to processed by us –before a contract can come about. The data subject is obliged to provide us with personal data, for example, if our company enters into a contract with him or her. Not providing the personal data would mean that the contract with the data subject would not come about. Before providing personal data, the data subject can get in touch with one of our employees. Our employee will explain to the data subject whether the provision of personal data is required by statute or contract or for the contract to come about; whether an obligation exists to provide the personal data and what the consequences of noncompliance would be.
Existence of automated decision-making
As a responsible company we do not make use of automated decision-making.