General Terms and Conditions for the store system "Orderlion" and related services and products of Orderlion GmbH ("Provider").
1. Validity, conclusion of contract
The company Orderlion GmbH (hereinafter "Provider") provides its services exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between the provider and the customer, even if they are not expressly referred to.
These contractual terms and conditions apply to the use of the provider's software in accordance with the current product description and order sheet as software as a service ("SaaS") or cloud offering.
The version valid at the time of the conclusion of the contract shall be authoritative in each case. Deviations from these as well as other supplementary agreements with the customer are only effective if they are confirmed in writing by the provider.
Any terms and conditions of the customer are not accepted, even if known, unless otherwise expressly agreed in writing in individual cases. The provider expressly objects to the customer's GTC. A further objection to the terms and conditions of the customer by the provider is not required.
Changes to the GTC shall be notified to the customer and shall be deemed agreed if the customer does not object to the changed GTC in writing within 14 days; the customer shall be expressly informed of the significance of silence in the notification.
If individual provisions of these General Terms and Conditions are invalid, this shall not affect the binding nature of the remaining provisions and the contracts concluded on their basis. The invalid provision shall be replaced by a valid one that comes closest to the meaning and purpose.
The offers of the provider are subject to change and non-binding.
The software is operated by the provider as a SaaS or cloud solution. The customer is enabled to use the software stored and running on the servers of the provider or a service provider commissioned by the provider via an Internet connection during the term of this contract for his own purposes and to store and process his data with its help.
2. Type and scope of the service
The Provider shall make the Software available to the Customer for use in the respective agreed version at the router exit of the data center in which the server with the Software is located ("handover point"). The software, the computing power required for use and the required storage and data processing space shall be provided by the Provider. The Provider does not owe the establishment and maintenance of the data connection between the Customer's IT systems and the described handover point.
2.1 Scope of functionsOrderlion provides in cooperation with the customer on the basis of the concluded purchase contract from the granting of the license the Orderlion ordering system for order entry by the AG as follows:
- Display of the article assortment
- Display of no / list / customer-specific prices
- Possibility of compiling lists of favourites
- Shopping cart displays
Furthermore, the following functions are made available to the customer on condition of the EDI connection between the customer and Orderlion:
- the transmission of orders placed via EDI or e-mail
- the deposit of delivery days per orderer and location
- the deposit of minimum order values per orderer and location
- the possibility to display or hide item prices
- Invitation management of and communication to purchasers
2.2 Scope of services
2.2.1 Ongoing software maintenance:
- Provision of ongoing software updates: When updating the portal, care is taken to avoid "downtimes" (limited usage options) as far as possible (master/slave principle).
- he installation of security updates
- the availability of the software at 98% on an annual average in accordance with the currently applicable manufacturer specifications
2.2.2 Maintaining EDI connections
- Enquiries by e-mail to firstname.lastname@example.org or by phone to +49 3 086 329 007 (Germany) and +43 664 / 872 4343 (Austria) in German and English (from Monday to Friday from 09:00 to 17:00, excluding Austrian public holidays). Any changes in dates will be communicated in advance.
- Use of SLA: Internal ticket-based processing of support requests.
- Provision of the hotline/technical support for Ordering Parties are expressly not part of the Provider's scope of services. Orderer support shall be provided by the Ordering Party.
2.2.4 Details of the EDI connectionThe data exchange with the customer's ERP system takes place via one of the following options:
- EDIFACT(ORDER and PRICAT)
- Editel exite Link or EANCOM XML
- HoGast XML
- Proprietary ERP data exchange formats (individual integration required)
The data transmission is done by one of the following options:
- FTP(S) server provided by Orderlion and/or free access
- Editel exiteLink (excl. costs by Editel)
- Manual upload of CSV files in the Orderlion portal
- Alternatively, by communicating directly with the customer's ERP database via a third-party programme (individual integration required). The following data is transmitted through the data exchange:
- Articles (PRICAT)
- OPTIONAL: other master data by arrangement
2.3 Cooperation agreementProject planning
Customer and Orderlion agree to define a project plan for the implementation of Orderlion in cooperation immediately following the conclusion of the contract. That implementation on defined terms requires mutual commitment in the form of the project steps and timeframe agreed in the project plan. Timeframe.
3. Availability of the software
The Provider draws the Customer's attention to the fact that restrictions or impairments of the services provided may arise that are beyond the Provider's control. This includes, in particular, actions of third parties not acting on behalf of the Provider, technical conditions of the Internet that cannot be influenced by the Provider, and force majeure. The hardware, software and technical infrastructure used by the customer may also have an influence on the services of the provider. Insofar as such circumstances have an influence on the availability or functionality of the service provided by the Provider, this shall have no effect on the contractual conformity of the services provided.
The Customer is obliged to notify the Provider immediately and as precisely as possible of any functional failures, malfunctions or impairments of the software in accordance with the agreements in the order sheet.
4. Data processing rights, data backupThe Customer grants the Provider the right, for the purposes of executing the contract, to reproduce the data to be stored by the Provider for the Customer to the extent necessary to provide the services owed under this contract. The Provider shall also be entitled to keep the data in a failover system or separate failover computer center. In order to eliminate malfunctions, the Provider shall also be entitled to make changes to the structure of the data or the data format.
Payment period and amount of remuneration are based on the offer accepted by the customer. The method of payment shall be agreed separately and documented: Bank transfer by invoice, payment by SEPA direct debit and annual invoice are available. Unless otherwise agreed, the monthly license fee will be invoiced on the first working day of each month, for the period in arrears, and is due for payment within 14 days. Unless otherwise agreed, any setup fees shall be due 14 days after receipt of the order. The payment has to be made by means of, at the conclusion of the contract, selected means of payment (direct debit or bank transfer).
If the customer delays the payment of a due remuneration by more than four weeks, the provider is entitled to block access to the software after 2 previous reminders with deadline and expiry of the deadline. The Provider's claim to remuneration shall remain unaffected by the blocking. Access to the software will be reactivated immediately after settlement of the arrears.
The provider can adjust the prices as well as the rates for an agreed remuneration according to the general price development after the expiry of the first year since signing the offer. If the fee increase is more than 5%, the customer may terminate the contractual relationship at the end of the current contract month.
In the event of default in payment by the customer, the statutory default interest shall apply at the rate applicable to business transactions. Furthermore, in the event of default in payment, the customer undertakes to reimburse the provider for any dunning and collection expenses incurred, insofar as they are necessary for appropriate legal action. In any case, this includes the costs of two reminders in the customary amount of currently at least € 20.00 per reminder as well as a reminder letter from a lawyer commissioned with the collection. The assertion of further rights and claims remains unaffected.
In the event of default of payment by the customer, the provider may immediately call due all services and partial services provided under other contracts concluded with the customer.
Furthermore, the provider is not obliged to provide further services until the outstanding amount has been settled (right of retention). The obligation to pay the fee remains unaffected.
If payment in installments was agreed, the provider reserves the right to demand immediate payment of the entire outstanding debt in the event that partial amounts or ancillary claims are not paid on time (loss of date).
The customer is not entitled to set off his own claims against claims of the provider, unless the customer's claim has been acknowledged by the provider in writing or has been determined by a court.
6. Customer's Obligations to Cooperate
The customer shall support the provider in the provision of the contractual services to a reasonable extent.
The proper and regular backup of its data is the responsibility of the customer. This also applies to documents provided to the provider in the course of the contract.
For the use of the software, the system requirements resulting from the product description or the offer must be met at the customer. The customer bears the responsibility for this himself.
The customer must keep the access data provided to him secret and ensure that any employees to whom access data is provided also do so. The service of the provider may not be made available to third parties, unless this has been expressly agreed by the parties.
The customer must report any defects immediately, in any case within eight days after delivery / performance by the provider, hidden defects within eight days after detection of the same, in writing, describing the defect; otherwise, the performance shall be deemed approved. In this case, the assertion of warranty claims and claims for damages, as well as the right to contest errors due to defects is excluded.
In the case of justified and timely notice of defects, the customer is entitled to the right to improvement or replacement of the delivery / service by the provider. The Provider shall remedy the defects within a reasonable period of time, whereby the Customer shall enable the Provider to take all measures necessary for the examination and remedy of defects. The Provider shall be entitled to refuse to improve the performance if this is impossible or involves a disproportionately high effort for the Provider. In this case, the customer is entitled to the statutory rights of conversion or reduction. In the case of improvement, it is incumbent on the customer to carry out the transmission of the defective (physical) thing at his expense.
It is also incumbent on the customer to carry out the review of the performance for its legal, in particular competition, trademark, copyright and administrative law permissibility. The provider is only obliged to perform a rough check of legal admissibility. The provider is not liable for the legal admissibility of content in the case of slight negligence or after fulfilling any duty to warn the customer, if this was specified or approved by the customer.
The warranty is excluded for defects that are due to transport damage, operating system errors, hardware errors, modified operating system components, modified interfaces to other programs or devices, other modified parameters of the system environment, computer viruses or other malware.
The warranty period is one month from delivery/service. The right of recourse against the provider pursuant to § 933b para 1 ABGB is excluded. The customer is not entitled to withhold payments due to defects. The presumption of § 924 ABGB is excluded.
8. Liability and damages
In cases of slight negligence, liability of the provider and those of its employees, contractors or other vicarious agents ("people") for property damage or financial loss of the customer is excluded, regardless of whether it is direct or indirect damage, loss of profit or consequential damage, damage due to delay, impossibility, positive breach of contract, culpa in contrahendo, defective or incomplete performance. The existence of gross negligence has to be proven by the injured party. Insofar as the liability of the provider is excluded or limited, this also applies to the personal liability of their "people".
Any liability of the provider for claims made against the customer based on the service provided by the provider (e.g. advertising measure) is expressly excluded if the provider has fulfilled his duty to inform or such a duty was not recognizable for him, whereby slight negligence does not harm. In particular, the Provider shall not be liable for litigation costs, the Customer's own legal fees or costs of judgment publications as well as for any claims for damages or other claims of third parties; the Customer shall indemnify and hold the Provider harmless in this respect.
The customer accepts that the provider cannot guarantee permanent freedom from errors and availability of the software, hardware and other services used or produced and therefore liability for damages due to software errors, software gaps, data leaks, data loss, stolen data or other exploitation of vulnerabilities is excluded. The use of the software is no substitute for human control of the transmitted or generated data. In case of maintenance or other failure of the software, it must be possible to fall back on manual processing of the customer.
Claims for damages by the customer expire in six months from knowledge of the damage; but in any case after three years from the infringing act of the provider. Claims for damages are limited in amount to the net order value.
If damages of the customer result from the loss of data, the provider shall not be liable for this, insofar as the damages would have been avoided by a regular and complete backup of all relevant data by the customer. The customer will carry out or have carried out a regular and complete data backup itself or by a third party and is solely responsible for this.
9. Customer Data and Indemnification from Third Party Claims
The provider, as a technical service provider, stores content and data for the customer, which the customer enters and stores when using the software and makes available for retrieval. The customer undertakes vis-à-vis the provider not to post any content and data that is punishable by law or otherwise illegal in absolute terms or in relation to individual third parties and not to use any programs containing viruses or other malware in connection with the software. The customer remains the responsible party with regard to personal data and must therefore always check whether the processing of such data via the use of the software is supported by appropriate permissions.
The customer is solely responsible for all of the content and processed data used and any legal positions required for this. The Provider shall not take any notice of any content of the Customer and shall generally not check the content used by the Customer with the Software.
In this context, the Customer undertakes to indemnify the Provider against any liability and any costs, including possible and actual costs of legal proceedings, if a claim is made against the Provider by third parties, including employees of the Customer personally, as a result of alleged acts or omissions of the Customer. The Provider shall notify the Customer of the claim and, to the extent legally possible, give the Customer the opportunity to defend the asserted claim. At the same time, the customer shall immediately provide the provider with all information available to him regarding the facts that are the subject of the claim in full.
Any further claims for damages by the provider shall remain unaffected.
10. Contract term and termination
The contract term is in each case one year from receipt of order. Upon expiration of the agreed term, the term shall be automatically extended for another year at the agreed price. If no automatic extension is desired, this agreement can be terminated in writing subject to a three-month notice period.
Extraordinary termination for cause is reserved for both parties if the legal requirements are met. An important reason for the provider exists in particular if the customer is more than two months in arrears with the payment of a due remuneration despite a reminder. If the customer is responsible for the reason for termination, the customer is obligated to pay the provider the agreed remuneration less expenses saved by the provider until the date on which the contract would end at the earliest in the event of an ordinary termination.
Declarations of termination must be in text form to be effective. Compliance with this form is a prerequisite for the effectiveness of the termination. Telephone, fax or verbal agreements do not satisfy the written form requirement. Terminations via e-mail are valid only after confirmation by the provider to ensure and confirm successful delivery.
The parties are obligated to keep permanently secret, not to disclose to third parties, record or otherwise use all information about the respective other party that has become known to them or becomes known to them in connection with this Agreement and that is marked as confidential or is identifiable as business and trade secrets on the basis of other circumstances (hereinafter: "confidential information"), unless the respective other party has expressly consented in writing to the disclosure or use or the information is required to be disclosed by law, court decision or an administrative decision.
The information is not confidential information for purposes of this Section 12 if it is
- were already previously known to the other party without the information being subject to a confidentiality obligation,
- are generally known or become known without breach of the confidentiality obligations assumed,
- disclosed to the other party by a third party without breach of a confidentiality obligation.
The obligations under this Section 12 shall survive the termination of this Agreement.
12. Assignment of rights and obligationsAssignment of the rights and obligations under this Agreement is permitted only with the prior written consent of the Provider. The Provider is entitled to entrust third parties with the performance of the obligations under this Contract.
13. Data ProtectionThe customer agrees that his personal data, namely name/company, profession, date of birth, company registration number, powers of representation, contact person, business address and other addresses of the customer, telephone number, fax number, e-mail address, bank details, credit card data, VAT number) for the purpose of fulfilling the contract and supporting the customer as well as for own advertising purposes, for example for sending offers, advertising brochures and newsletters (in paper and electronic form), as well as for the purpose of reference to the existing or former business relationship with the customer (reference). The customer agrees that electronic mail may be sent to him for advertising purposes until revoked. This consent can be revoked at any time in writing by e-mail, fax or letter to the contact details listed at the top of the GTC.
14. Applicable LawThe contract and all mutual rights and obligations derived therefrom as well as claims between the Provider and the Customer shall be governed by Austrian substantive law, excluding its conflict of law rules and excluding the UN Convention on Contracts for the International Sale of Goods.
15. Place of performance and jurisdiction
The place of performance is the registered office of the provider. In the case of shipment, the risk shall pass to the customer as soon as the provider has handed over the goods to the carrier chosen by it.
The place of jurisdiction for all legal disputes arising between the provider and the customer in connection with this contractual relationship shall be the court with subject-matter jurisdiction for the provider's registered office. Notwithstanding the foregoing, the Provider shall be entitled to sue the Customer at its general place of jurisdiction.
In so far as in this contract designations referring to natural persons are only stated in the masculine form, they refer to women and men in the same way. When applying the designation to specific natural persons, the respective gender-specific form shall be used.
We are very pleased about your interest in our company. Data protection is of a particularly high priority for the management of Orderlion GmbH. The use of the Orderlion GmbH website is possible without any indication of personal data. However, if a data subject wants to use special services of our enterprise via our website, processing of personal data could become necessary. If processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the country-specific data protection regulations applicable to the Orderlion GmbH. By means of this data protection declaration, our company would like to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration. As the controller, the Orderlion GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always be vulnerable to security risks, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
Personal data is any information relating to an identified or identifiable natural person (hereinafter "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.
Data subject is any identified or identifiable natural person whose personal data are processed by the controller.
Restriction of processing
Restriction of processing refers to the marking of stored personal data with the aim of limiting their future processing.
Profiling is any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person's job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.
Pseudonymization is the processing of personal data in such a way 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 separate and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
Controller or person responsible for the processing
The controller or person responsible for processing is 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 designation may be provided for under Union or Member State law.
Processor means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the Controller.
A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law shall not be considered as recipients.
Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.
Consent shall mean any freely given indication of the data subject's wishes for the specific case in an informed and unambiguous manner in the form of a statement or any other unambiguous affirmative act by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.
2. Name and address of the controller
The responsible party within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
Margaretenstraße 70 Stiege 2 Top 9
Tel. FR: +33 1 84 80 69 03
Tel. UK: +44 20 7947 9490
Tel. DE: +49 30 86 329 007
4. Collection of general data and information
The website of the Orderlion GmbH collects a series of general data and information with each call-up of the website by a data subject or automated system. These general data and information are stored in the server's log files. The (1) browser types and versions used, (2) the operating system used by the accessing system can be recorded, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, the Orderlion GmbH does not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the content of our website correctly, (2) to optimize the content of our website and the advertising for it, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, the Orderlion GmbH analyzes anonymously collected data and information on one hand, and on the other hand, with the aim of increasing the data protection and data security of our enterprise so that we can ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
5. Registration on our website
The data subject has the opportunity to register on the website of the controller by providing personal data. Which personal data is transmitted to the controller in the process is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the data to be transferred to one or more processors, for example a parcel service provider, who will also use the personal data exclusively for an internal use attributable to the controller. By registering on the website of the controller, the IP address assigned by the Internet service provider (ISP) of the data subject, the date as well as the time of registration are also stored. The storage of this data takes place against the background that only in this way can the misuse of our services be prevented and, if necessary, this data makes it possible to clarify committed crimes. In this respect, the storage of this data is necessary for the protection of the data controller. As a matter of principle, this data is not passed on to third parties unless there is a legal obligation to pass it on or the passing on serves the purpose of criminal prosecution. The registration of the data subject by voluntarily providing personal data serves the purpose of the controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have it completely deleted from the data stock of the controller.
The controller shall provide any data subject at any time, upon request, with information about what personal data is stored about the data subject. Furthermore, the controller shall correct or delete personal data at the request or indication of the data subject, provided that this does not conflict with any statutory retention obligations. The entire staff of the controller shall be available to the data subject as contact persons in this context.
6. Data storage and use of the Orderlion platform
We would like to point out that in order to ensure the correct functioning of order processing on the Orderlion portal, the IP data of the connection owner is stored by orderers and suppliers within the scope of cookies and server logs. In addition, for the purpose of contract processing (orders), the following data is also stored by us: first name, last name, company name, company address, company telephone number, company e-mail address, fax number, Internet address, as well as order data such as article numbers, order quantities, article prices, order date, delivery date, order name and supplier name. The data provided by you are necessary for the fulfillment of the contract or for the execution of pre-contractual measures. Without this data we cannot conclude the contract with you. Data will not be transferred to third parties, with the exception of the respective purchasers and the associated suppliers as well as the transfer of payment data to the processing banking institutions/payment service providers for the purpose of debiting and settlement of license fees, the service provider of our CRM system, the service provider of our ERP system as well as to our tax advisor for the fulfillment of our tax obligations. All data from the contractual relationship will be stored until 3 years after discontinuation of use of the platform, termination of the contract or until expiry of the retention period under tax law (7 years) (whichever is longer). The data processing is based on the legal provisions of § 96 para 3 TKG and Art 6 para 1 lit a (consent) and / or lit b (necessary for the performance of the contract) of the DSGVO.
7. Subscription to our newsletter
On the website of the Orderlion GmbH, users are given the opportunity to subscribe to our enterprise's newsletter. The personal data transmitted to the controller when the newsletter is ordered is specified in the input mask used for this purpose. The Orderlion GmbH informs its customers and business partners at regular intervals by means of a newsletter about enterprise offers. The newsletter of our enterprise can basically only be received by the data subject, if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter mailing. For legal reasons, a confirmation e-mail will be sent to the e-mail address entered by a data subject for the first time for newsletter dispatch using the double opt-in procedure. This confirmation e-mail serves to verify whether the owner of the e-mail address as the data subject has authorized the receipt of the newsletter. When registering for the newsletter, we also store the IP address of the computer system used by the data subject at the time of registration, as assigned by the Internet service provider (ISP), as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later point in time and therefore serves the legal protection of the controller. The personal data collected in the context of a registration for the newsletter are used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or a related registration, as could be the case in the event of changes to the newsletter offer or changes in the technical circumstances. No personal data collected as part of the newsletter service will be passed on to third parties. The subscription to our newsletter can be cancelled by the data subject at any time. The consent to the storage of personal data that the data subject has given us for the newsletter mailing can be revoked at any time. For the purpose of revoking consent, a corresponding link can be found in each newsletter. Furthermore, it is also possible to unsubscribe from the newsletter mailing directly on the website of the controller at any time or to inform the controller of this in another way.
8. Newsletter tracking
The newsletters of Orderlion GmbH contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in such emails that are sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the Orderlion GmbH may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by the data subject. Such personal data collected via the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the newsletter dispatch and to better tailor the content of future newsletters to the interests of the data subject. This personal data will not be disclosed to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent given in this regard via the double opt-in procedure. After a revocation, this personal data will be deleted by the controller. The Orderlion GmbH automatically regards a withdrawal from the receipt of the newsletter as a revocation.
9. Contact possibility via the website
Based on statutory provisions, the website of the Orderlion GmbH contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or by using a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purpose of processing or contacting the data subject. No disclosure of this personal data to third parties will take place.
10. Routine deletion and blocking of personal data
The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies or if a storage period prescribed by the European directive and regulatory authority or any other competent legislator expires, the personal data will be routinely blocked or deleted in accordance with legal provisions.
11. Rights of the data subject
Right to confirmation
Every data subject shall have the right, granted by the European Directive and the Regulation, 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, he or she may, at any time, contact any employee of the controller.
Right to information
Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain at any time from the controller, free of charge, information about the personal data stored about him or her and a copy of that information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:
- the processing purposes
- the categories of personal data that are processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- the existence of a right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or a right to object to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: All available information about the origin of the data
- the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and - at least in these cases - meaningful information about the logic involved and the scope and intended effects of such processing for the data subject
- Furthermore, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer. If a data subject wishes to exercise this right of access, he or she may, at any time, contact an employee of the controller.
Right to rectification
Every person affected by the processing of personal data has the right granted by the European Directive and Regulation to demand the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data - also by means of a supplementary declaration - taking into account the purposes of the processing. If a data subject wishes to exercise this right to rectify, he or she may, at any time, contact any employee of the controller.
Right to erasure (right to be forgotten)
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following reasons applies and insofar as the processing is not necessary:
- The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject revokes the consent on which the processing was based pursuant to Art. 6(1)(a) DS-GVO or Art. 9(2)(a) DS-GVO and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been processed unlawfully.
- The deletion of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
- The personal data was collected in relation to information society services offered pursuant to Art. 8 (1) DS-GVO.
- If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by the Orderlion GmbH, he or she may, at any time, contact any employee of the controller. The employee of the Orderlion GmbH will arrange for the deletion request to be complied with immediately.
Right to restriction of processing
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller the restriction of processing if one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
- The controller no longer needs the personal data for the purposes of processing, but the data subject needs it for the assertion, exercise or defense of legal claims.
- The data subject has objected to the processing pursuant to Article 21 (1) of the Data Protection Regulation and it is not yet clear whether the legitimate interests of the controller override those of the data subject. If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the Orderlion GmbH, he or she may, at any time, contact any employee of the controller. The employee of the Orderlion GmbH will arrange the restriction of the processing.
Right to data portability
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out by automated means, unless the processing is 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, when exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain that the personal data be transferred directly from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals. In order to assert the right to data portability, the data subject may at any time contact any employee of the Orderlion GmbH.
Right to object
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions. The Orderlion GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims. If the Orderlion GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to the profiling, insofar as it is related to such direct marketing. If the data subject objects to the Orderlion GmbH to the processing for direct marketing purposes, the Orderlion GmbH 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 processing of personal data concerning him or her which is carried out by the Orderlion GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation (DS-GVO), unless such processing is necessary for the performance of a task which is in the public interest. In order to exercise the right to object, the data subject may directly contact any employee of the Orderlion GmbH or another employee. The data subject is also free to exercise his/her right to object by means of automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.
Automated decisions in individual cases including profiling
Any data subject concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, 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, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject and that law contains suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is made with 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 the data controller, or (2) it is made with the data subject's explicit consent, the Orderlion GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, which include at least the right to obtain the intervention of a data subject on the part of the controller, to express his or her point of view and to contest the decision. If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.
Right to revoke consent under data protection law
Every person affected by the processing of personal data has the right granted by the European Directive and Regulation to withdraw consent to the processing of personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the controller.
12. Data protection during applications and the application process
The controller collects and processes the personal data of applicants for the purpose of handling the application procedure. The processing may also take place electronically. This is the case, in particular, when an applicant submits relevant application documents to the controller by electronic means, for example, by e-mail or via a web form located on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller conflict with such deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).
13. Web analytics
The controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, compilation and analysis of data about the behavior of visitors to websites. A web analysis service collects, among other things, data on which website a data subject came to a website from (so-called referrers), which subpages of the website were accessed or how often and for how long a subpage was viewed. A web analysis is mainly used for the optimization of a website and for the cost-benefit analysis of internet advertising. The operating company of the Google Analytics component is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. The controller uses the addition "_gat._anonymizeIp" for web analysis via Google Analytics. By means of this additive, the IP address of the Internet connection of the data subject is shortened and anonymized by Google if access to our Internet pages takes place from a member state of the European Union or from another state party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the flow of visitors to our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us showing the activities on our website, and to provide other services related to the use of our website.
Google Analytics sets a cookie on the information technology system of the data subject. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyze the use of our website. By each call of one of the individual pages of this website, which is operated by the controller and on which a Google Analytics component has been integrated, the internet browser on the information technology system of the data subject is automatically caused by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the data subject, which Google uses, among other things, to track the origin of visitors and clicks and subsequently enable commission calculations.
By means of the cookie, personal information, for example the access time, the location from which an access originated and the frequency of visits to our website by the data subject, is stored. Each time the data subject visits our website, this personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical procedure to third parties.
The data subject can prevent the setting of cookies by our website, as already described above, at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Google Analytics can be deleted at any time via the internet browser or other software programs.
This website uses the Hotjar of Hotjar Ltd. as an analysis tool.
When using Hotjar, we pay special attention to the protection of your personal data. We use the tool to track which buttons are clicked, mouse history, how far scrolled, device screen size, device type and browser information, geographic location (country only) and preferred language to display our website. Areas of the websites in which personal data of you or third parties are displayed are automatically hidden by Hotjar and are therefore not traceable at any time. In order to exclude a direct personal reference, IP addresses are only stored and processed anonymously. Hotjar also uses services from third-party companies, such as Google Analytics and Optimizely, to provide its services.
When visiting a Hotjar-equipped website, you can prevent Hotjar from collecting your information at any time by going to the Hotjar opt-out page at www.hotjar.com/legal/compliance/opt-out and clicking Disable Hotjar.
We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services.
Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising.
For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement at https://privacy.microsoft.com/en-us/privacystatement
14. Legal basis of processing
Art. 6 I lit. a DS-GVO serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for a delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation by which a processing of personal data becomes necessary, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47 sentence 2 DS-GVO).
15. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our employees and our shareholders.
16. Duration for which the personal data are stored
The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfillment or initiation of the contract.
17. Legal or contractual requirements to provide the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact one of our employees. Our employee will explain to the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.
18. Existence of an automated decision making
As a responsible company, we do not use automatic decision-making or profiling. This privacy statement was created by the privacy statement generator of data protection officer in cooperation with RC GmbH, which recycles used notebooks and the file sharing lawyers of WBS-LAW.
Agreement of Order processing according to Art 28 GDPR
Contractor: Orderlion GmbH, Margaretenstraße 70/2/9, 1050 Vienna, Austria
Client: hereinafter a company that has concluded a contract with Orderlion for the use of the platform.
1. PURPOSE OF THE PROCESSING
- The purpose of this assignment is to carry out the following tasks:
- Management of customer master data for processing and documentation of orders as well as feedback and technical support.
- Management of order data (articles, quantities, prices, order and delivery times, order comments) for the processing and documentation of orders as well as feedback and technical support.
- The following categories of data are processed:
- Contact details (name, address, city, postcode, e-mail address, phone number, fax number, website, login data)
- Order data (ArtNo, ArtName, Quantity, Unit, Price, Group, Order time, Delivery time, Minimum order value, Actions, connection of buyer-supplier)
- The following categories of data will be subject to the processing:
2. DURATION OF THE PROCESSINGThe agreement is concluded for an indefinite period and may be terminated by either party with three months' notice to the last day of the month. The possibility of extraordinary termination for good cause remains unaffected.
3. OBLIGATIONS OF THE CONTRACTOR
- The Contractor undertakes to process data and processing results exclusively within the scope of this agreement. If the Contractor receives an official order to release the Client's data, the Contractor shall - insofar as legally permissible - immediately inform the Client thereof and refer the authority to the Client.
- The Contractor declares in a legally binding manner that it has obliged all persons entrusted with the data processing to maintain confidentiality prior to commencement of the activity or that they are subject to an appropriate statutory confidentiality obligation. In particular, the confidentiality obligation of the persons entrusted with the data processing shall remain in force even after termination of their activity and leaving the contractor.
- The Client declares in a legally binding manner that it has obliged all persons entrusted with the data processing to maintain confidentiality before commencing the activity and before transmitting the data to the Contractor or that they are subject to an appropriate legal obligation of confidentiality.
- The Contractor declares in a legally binding manner that it has taken all necessary measures to ensure the security of the processing in accordance with Art 32 of the GDPR (details can be found in Annex ./1).
- The contractor shall take the technical and organisational measures to ensure that the client can fulfil the rights of the data subject under Chapter III of the GDPR (information, access, correction and deletion, data portability, objection, as well as automated decision-making in individual cases) at any time within the statutory time limits and shall provide the client with all information necessary for this purpose. If a corresponding request is addressed to the contractor and the contractor indicates that the applicant mistakenly believes him to be the client of the data application operated by him, the contractor shall forward the request to the client without delay and inform the applicant accordingly.
- The Contractor shall support the Client in complying with the obligations set out in Articles 32 to 36 of the GDPR (data security measures, notifications of personal data breaches to the supervisory authority, notification of the person affected by a personal data breach, data protection impact assessment, prior consultation).
- The Contractor is advised that it must set up a processing directory for the present commissioned processing in accordance with Art. 30 GDPR.
- With regard to the processing of the data provided by the Client, the Client shall be granted the right to inspect and control the data processing facilities at any time, including through third parties commissioned by the Client. The contractor undertakes to provide the client with the information necessary to monitor compliance with the obligations set out in this agreement.
- After termination of this agreement, the contractor is obliged to destroy all processing results and documents containing data on its behalf. If the Contractor processes the data in a special technical format, it shall be obliged to hand over the data after termination of this Agreement either in this format or in another common format.
- The Contractor shall inform the Client without undue delay if it believes that an instruction given by the Client violates Union or Member State data protection provisions.