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Data Privacy DISCLOSURE

IN COMPLIANCE WITH Art 13 and Art 14 GDPR

 

 

The following information describes how your personally identifiable data is processed within SPORT BRÜNDL.

 

I.Name and Address of the Responsible Party

 

Responsibility for the processing of your personally identifiable data within the scope of statutory data privacy provisions is borne mutually by Sport Bründl Gesellschaft m.b.H., Schmittenhöhe-Service GmbH, Sports & Emotions GmbH, Planai Sport GmbH.

The point of contact for any questions or concerns is:

Bründl Gesellschaft m.b.H

Nikolaus-Gassner-Straße 4

5710 Kaprun

E-Mail:  office@bruendl.at or datenschutz@bruendl.at

Tel.: 06547 83 88-0

Fax: 06547 83 88-31

 

II.General information about data processing

 

Fundamentally, we collect and process customer data only insofar as this is necessary in order to administer our customer card system known as the BRÜNDL PLUS CARD. Insofar as we send advertising to you about our products and activities, we only process your data subsequent to receiving your expressed permission to do so.

Your personally identifiable data will be deleted or blocked as soon as the purpose for which it has been saved or processed has been completed, insofar as we are not statutorily obliged to store such data for a longer period of time and/or no legal claims might be asserted against us that would require us to save such data.

Specifically, your personally identifiable data may be used in one or more of the following ways:

 

III.Processing Operations

 

1. Data Processing “Customer Card System”

 

1.1.Scope of processing of personally identifiable data

 

SPORT BRÜNDL stores and processes the following data: contact information which you disclosed when registering for the BRÜNDL PLUS CARD, including first name, last name, gender, title, address, telephone number, date of birth, email address and customer number, as well as purchase data collected whenever you make a purchase through the BRÜNDL Shop using your customer number, including the frequency of your purchases, type of purchased products, the names of the branch stores, average value of purchase, average number of purchased products, general type of products purchased.

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1.2. Legal foundation for the processing of personally identifiable data

 

The legal foundation for processing of data under point 1.1. is Art 6 Par 1 lit b GDPR and is thus the processing thereof in order to achieve fulfillment of a contract.

Contact information is provided by you voluntarily; However, should you not provide such information, SPORT BRÜNDL will be unable to process your application for issue of a customer card and therefore unable to grant you the benefits associated with our customer card system.

 

1.3. Purpose of Data Processing

 

The personally identifiable data as stipulated under point 1.1 is used by SPORT BRÜNDL in order to fulfill contractual obligations associated with participation in the BRÜNDL PLUS CARD, in particular to elicit bonus points and issue bonus credits as well as to send a birthday credit.

 

1.4. Length of Storage

 

Your personally identifiable data will be stored and processed as long as you participate in the BRÜNDL PLUS CARD and beyond this for as long as you may be permitted to assert any legal claims associated with your participation as well as for as long as required of us by statute.

 

1.5. Mutually Responsible Parties

 

Sport Bründl Gesellschaft m.b.H., Schmittenhöhe-Service GmbH, Sports & Emotions GmbH, Planai Sport GmbH are member companies of SPORT BRÜNDL, each of which operate BRÜNDL SHOPS, having mutually introduced the BRÜNDL PLUS CARD and mutually processing pertinent data.

Personally identifiable data will not be shared with third parties without your expressed permission.

 

2. Data Processing “Marketing”

 

2.1. cope of our processing of your personally identifiable data

 

SPORT BRÜNDL also uses your personally identifiable data, specifically your first name, last name, gender, title, postal address, telephone number, date of birth, email address, customer number, as well as purchase data (type of purchased product, names of branches visited, average value per purchase, average number of purchased products, general type of products purchased) for purposes of direct marketing.

 

2.2. Legal foundation for the processing of personally identifiable data

 

SPORT BRÜNDL processes your data for marketing purposes in order to secure best possible access to customers and adjust its marketing strategies accordingly, doing so only pursuant to the permission you grant when applying for the BRÜNDL PLUS CARD. Thus, the legal foundation for the processing of your information is Art 6 Par 1 lit a GDPR.

 

2.3. Purpose of Data Processing

 

Your personally identifiable data is used in order to send you offers, product catalogs as well as other marketing materials pertaining to our own products or activities by email, SMS or using the postal services. In all instances, this solely involves direct marketing that is in our own legitimate interests.

 

2.4. Length of Storage

 

SPORT BRÜNDL stores your data until termination of your participation in the BRÜNDL PLUS CARD and, beyond that, for a period of three years subsequent to your last contact with SPORT BRÜNDL, or earlier than this insofar as you express an objection to the use of your data.

 

2.5. Recipients of Your Data

 

Sport Bründl Gesellschaft m.b.H., Schmittenhöhe-Service GmbH, Sports & Emotions GmbH, Planai Sport GmbH are member companies of the SPORT BRÜNDL Group, jointly operating the BRÜNDL SHOPS as well as the BRÜNDL PLUS CARD and processing the data associated therewith.

Your personally identifiable data will never be shared with third parties without your expressed permission.

 

2.6. Revocation Notice

 

You may revoke your permission for the processing of your data at any time, without cost or cause, also with future effect, either by using our website at www.bruendl.at, sending an email to datenschutz@bruendl.at or phoning us at +43 (0)6547 8388-0

 

 

3. Data Processing “Marketing Rental Services"

 

3.1. Scope of processing of personally identifiable data

 

SPORT BRÜNDL uses the personally identifiable data associated with your rental of sporting equipment, including first name, last name, postal address and country, for the purposes of direct marketing and primarily in order to send you general information about SPORT BRÜNDL’s activities and products.

 

However, your email address and date of birth are only used subject to your expressed consent in order to send you marketing emails of a general nature, newsletters as well as a special birthday email message.

 

3.2. Legal foundation for the processing of personally identifiable data

 

Utilization of personally identifiable data for the purposes of direct marketing is a legitimate interest of SPORT BRÜNDL, in order to reach customers as effectively as possible and tailor its marketing strategies accordingly. The legal foundation for such processing is therefore our legitimate interest as defined in Art 6 par 1 lit f GDPR.

 

Insofar as the processing of your email address and date of birth pertains to marketing purposes, your expressed permission represents the legal foundation in accordance with Art 6 par 1 lit a GDPR.

 

Our usage of data for such purposes is in compliance with statutory communication provisions, in particular § 107 par 2 and par 3 of the 2003 Telecommunications Act (“TKG”).

 

3.3. Purpose of Data Processing

 

Your personally identifiable data is used in order to send you offers and other marketing materials of a general nature about our services and/or activities, in which case this only involves direct marketing in support of our rental services. The advertising is not tailored to your needs or your established demand behaviors. As soon as you object to the use of your data for these purposes, all such activities will cease and your data deleted.

 

Advertising as well as birthday messages will only be sent to your email address with your expressed consent.

 

3.4. Duration of Storage

 

SPORT BRÜNDL stores your data for up to 3 years after your last contact with SPORT BRÜNDL, though also for a shorter period insofar as you object to the use of your data or revoke your consent.

 

3.5. Joint Responsibility and Recipients of Data

 

Sport Bründl Gesellschaft m.b.H. and Schmittenhöhe-Service GmbH operate the SPORT BRÜNDL Shops in Zell am See and Kaprun. The responsible parties have jointly determined the means and purposes by/for which data is processed for these shops within the context of those rental services that are offered locally, and jointly process this data to the given extent.

 

In order to send out emails, we utilize the contracted marketing services of Intersport Austria, which will only use your data on our behalf and insofar as it is necessary in order to fulfill said contract.

 

Your personally identifiable data will not be transmitted to third parties without your expressed consent.

 

3.6. Revocation Possibilities and Revocation Policy

 

You may revoke your consent to the processing of data for the aforementioned purposes of direct marketing at any time (please refer to Pt. IV.1.5.).

 

Insofar as you have expressed your consent to the processing of data, you may revoke this at any time and for whatever reason with future effect, either directly by means of our website, or by sending an email to datenschutz@bruendl.at or by phoning +43 6574 8388-0

 

 

4. Data Processing “Needs-Oriented Marketing”

 

4.1. Scope of processing of your personally identifiable data

 

SPORT BRÜNDL also makes use of your first name, last name, gender, title, postal address, telephone number, date of birth, email address, customer number, as well as purchase data associated with your BRÜNDL PLUS CARD at BRÜNDL SHOPS (type of product purchased, name of the branch visited, average value of purchase, average number of purchased items, general type of purchased products) along with reaction data (this is data pertaining to your response to advertising campaigns and demand patterns), as well as data purchased from third parties in order to create and send advertising personalized to the needs of customers.

 

4.2. Legal foundation for the processing of personally identifiable data

 

The legal foundation for the processing of your information is Art 6 Par 1 lit a GDPR. The processing of your data for this purpose therefore occurs pursuant to the permission which you expressed when applying for the BRÜNDL PLUS CARD.

 

4.3. Purpose of Data Processing

 

Your personally identifiable data is subject to analysis and interpretation for purposes of personalized advertising. The data as described under point 3.1. is evaluated and analyzed by means of diverse (explorative, descriptive and inductive) statistical methods and by enhancement of your personally identifiable data by means of aggregate social demographic data pertaining to customer groups to which you belong according to identification parameters (e.g. gender, age, family status, size of household, education, career situation etc.). By analysis, we mean that, based upon the data we have compiled in this way and with the aid of optimized analysis models, probabilities are calculated based upon which we select suitable recommendations and offers. Furthermore, we develop customer profiles used by SPORT BRÜNDL in order to draw conclusions as to the possible future demand behaviors of customers and thus develop appropriate sales strategies, specifically in adapting our product selection to customer needs.

 

4.4. Length of Storage

 

Your data will only be stored and processed for as long as you participate in the BRÜNDL PLUS CARD or until you revoke your permission for us to do so.

 

4.5. Recipients of Your Data

 

Sport Bründl Gesellschaft m.b.H., Schmittenhöhe-Service GmbH, Sports & Emotions GmbH, Planai Sport GmbH are member companies of the SPORT BRÜNDL Group, jointly operating the BRÜNDL SHOPS AS WELL as the BRÜNDL PLUS CARD and processing the data associated therewith.

Your personally identifiable data will never be shared with third parties without your expressed permission.

 

4.6. Revocation Notice

 

You may revoke your permission for the processing of your data at any time, without cost or cause, also with future effect, either by using our website at www.bruendl.at, sending an email to datenschutz@bruendl.at or phoning us at +43 (0)6547 8388-0

 

5. Data Processing “Easy Rent" Rental Service

 

5.1. Scope of the processing of personally identifiable data

 

SPORT BRÜNDL stores and processes the following data: customer number, first name, last name, gender, title, address and originating country, telephone number, date of birth, email address, type of equipment rented (skis, bicycle), data which you had initially provided to us in order to request the rental equipment. Provision of such data is voluntary; However, if you do not provide this data, SPORT BRÜNDL will not be able to respond to your request for the rental of sporting equipment and will therefore be unable to provide you with any equipment.

 

In the case of ski rentals, we also collect data pertaining to height, weight, shoe size, length of sole and the type of skier (ability level), data which we require in order to adjust the ski bindings correctly. If you do not provide us with this data, we will be unable to rent you any skis.

 

In the event you enter into a rental agreement, we also process data pertaining to the sporting equipment you have borrowed, including an equipment description, quantity, EAN code, rental price as well as any rebate that may have been granted.

 

Should you have submitted your reservation for rental equipment online by means of the booking platform “Intersport Online” https://www.intersportrent.at/de operated by Intersport Austria GmbH, your data will be transmitted to us by Intersport based upon your expressed consent and, pursuant to this booking through Intersport, we will also process the IAT online booking number and the external reservation code within our booking system in order to correctly attribute the reservation. Further information about how your data is processed at “Intersport Online” may be found at https://www.intersportrent.at/de/unternehmen/datenschutzerklaerung.

 

In the event that you have made known your interest in renting sporting equipment either at your hotel or a travel agency, subject to your consent the aforementioned hotel or travel agency will provide is with your first and last names, your designation as either a hotel guest or customer of the travel agency, as well as your interest in renting skis or bicycles. In such an instance, we will process, in addition to the data supplied by the hotel/travel agency, identification of the respective hotel or travel agency as well as the name of a tour guide, if applicable.

 

If you have decided to reserve rental equipment together with other persons, their data will be provided to us either directly by you or by a contact person selected by you.

 

5.2. Legal Foundation for the Processing of Personally Identifiable Data

 

The legal foundation for the processing of data as stipulated under Pt. 1.1. is Art 6 par 1 lit b GDPR, i.e. it is processed in order to fulfill a contract.

 

The data pertaining to the hotel/travel agency is processed on the basis of our legitimate interest in accordance with Art 6 par 1 lit f GDPR, in order to appropriately fulfill the agreement with the travel agency and/or hotel within the context of renting out sporting equipment.

 

Insofar as we have received your data via a contact person, we process your data in order to fulfill the contract in accordance with Art 6 par 1 lit b GDPR and on the basis of our legitimate interest as laid out in Art 6 par 1 lit f GDPR, pursuant to this contact person having declared to us that they are sharing the data at your request and with your agreement.

 

5.3. Purpose of Data Processing

 

The personally identifiable data as cited under Pt. 5.1 is processed by SPORT BRÜNDL for the purposes of fulfilling its contractual obligations pursuant to the rental of sporting equipment. The date of birth is also processed by us if you simultaneously purchase a lift ticket, since different prices may apply for different age groups.

The physical data is used by us in order to ensure that ski bindings are adjusted correctly, something we are obliged to do within the scope of the rental agreement. The nature of data collected is stipulated in ÖNORM ISO 11088 (fitting, adjustment and inspection of skis – bindings – boots (S-B-S) for alpine skiing) as well as in ÖNORM ISO 13993 (rental ski-shop practices - sampling and inspection of complete and incomplete alpine ski-binding-boot systems in rental applications) along with related adjustment regulations pertaining to special binding-boot combinations that must always be inspected if a new combination is created

 

5.4. Duration of Storage

 

The personally identifiable data will be stored and processed for the duration of the rental agreement or, insofar as a customer account was created, as long as this customer account exists, and beyond that for as long as legal claims may be asserted pertaining to the rental equipment and/or this data is subject to any statutory retention requirements.

 

5.5. Joint Responsibility and Recipients of Data

 

Sport Bründl Gesellschaft m.b.H. and Schmittenhöhe-Service GmbH operate the SPORT BRÜNDL Shops in Zell am See and Kaprun. The responsible parties have jointly determined the means and purposes by/for which data is processed for these shops within the context of those rental services that are offered locally, and jointly process this data to the given extent.

 

In order to log rental agreements and transact rental services, we utilize IT service providers who, pursuant to our request and our instructions, also have access to personally identifiable data in order to provide the IT services for which they have been contracted.

 

In the event of loss or theft of sporting equipment, we supply data associated with the rental agreement, though not any physical data, to the police, the district attorney and/or courts in order to investigate and resolve the case at hand, as well as to locate the perpetrator in question. Furthermore, we submit a report to the insurance company, at which time we provide them with all pertinent data from the rental agreement. 

 

Data pertaining to country of origin, identification of the hotel or travel agency as well as the description of the rented sporting equipment will be anonymized as soon as it is no longer required for the purposes of providing rental service, only subsequent to which will it be used for the purposes of statistical analysis and evaluation in accordance with Pt. 6.

 

No personally identifiable data will be transmitted to other third parties, including the hotel or the travel agency or Intersport that was the original source of your data, for their own purposes without your expressed permission.

 

6. Data processing "Analysis for the purposes of product development and quality management in connection with rental services"

 

6.1. Scope of processing of personally identifiable data

 

SPORT BRÜNDL uses information pertaining to country of origin, identification of the hotel or travel agency as well as a description of the actual rental sporting equipment in an anonymized form for purposes of analysis in order to generate information pertinent to corporate goals as well as product development/improvement.

 

6.2. Legal foundation for the processing of personally identifiable data

 

The legal foundation for the processing of data which has been collected as permitted according to Pt. 5. and pertinent to the extent that it has been anonymized, is Art 6 par 1 lit f GDPR. The protected interests of the customer shall not be affected thereby.

 

6.3. Purpose of data processing

 

The personally identifiable data cited under Pt. 6.1. is anonymized for analysis and interpretation purposes pursuant to product development and quality management of our rental services. The non-personally-identifiable results of such analysis are used in order to generate analyses of customer structure as well as to collect data about customer interests and behaviors. In turn, this data is used to generate information to adapt corporate and sales strategies accordingly, or to evaluate potential future customer demand, thereby allowing us to adapt and improve products and services as well as develop other concepts in order to reach customers better as well as to meet their needs. None of these statistical analyses are specific to any identifiable person.

 

6.4. Duration of Storage

 

Once the storage deadline has been reached, data will be anonymized in accordance with Pt. 5.4.

 

6.5. Joint Responsibility and Recipients of Data

 

Sport Bründl Gesellschaft m.b.H. and Schmittenhöhe-Service GmbH operate the SPORT BRÜNDL Shops in Zell am See and Kaprun. The responsible parties have jointly determined the means and purposes by/for which data is processed for these shops within the context of those rental services that are offered locally, and jointly process this data to the given extent.

 

7. Rights of the Affected Person

 

7.1. Right to information

 

With respect to SPORT BRÜNDL, you have the right to information about all data pertaining to you which SPORT BRÜNDL has processed. Specifically, you can demand that SPORT BRÜNDL provide you with the following information:

(1)        the purposes for which your personally identifiable data has been processed;

(2)        the categories of personally identifiable data which are being processed;

(3)        the recipients and/or categories of recipients to whom your personally identifiable data was or will be revealed;

(4)        the intended length of storage of your personally identifiable data or, in the event that concrete specifics on this topic are not possible, the criteria which determine how long such data shall be stored;

(5)        the existence of your right to the correction or deletion of your personally identifiable data, your right to restrict the processing of such data by responsible parties, or your right to revoke permission for the processing of such data;

(6)        the existence of your right to lodge a complaint with the competent oversight authority;

(7)        all available information about the source of data, if this data was not collected directly from the person in question;

(8)        the existence of automated decision-making including profiling as addressed in Art 22 Par 1 and 4 GDPR and – at a minimum in these instances – clear information about the logic involved as well as the breadth and intended consequences of such processing for the person affected.

 

You have the right to demand information as to whether personally identifiable data about you is transmitted to a third country or an international organization. In this context, you can demand to be informed about suitable guarantees in accordance with Art 46 GDPR with respect to such transmission of your data.

 

7.2. Right to correction and right to restriction of data processing

 

You may demand the correction or completion of incorrect or incomplete data. Under certain circumstances, for example if the accuracy of data is in dispute and until that accuracy has been determined, you may demand that the processing of your data be restricted subject to your expressed permission or pursuant to the assertion or defense of your own legal claims, or the protection of other natural or legal persons, or for reasons of vital public interest.

 

7.3. Right to data transfer

 

You may demand that SPORT BRÜNDL send to you – or insofar as it is technically feasible, to a third party stipulated by you – a copy of the data you have provided to them in a clearly structured, current and machine-readable format. Furthermore, you have the right to transfer this data to another responsible person without any hindrance from the responsible person to whom the personally identifiable information was originally provided, insofar as

  1. the processing of such data was pursuant to permission given in accordance with Art 6 Par 1 lit a GDPR or Art 9 Par 2 lit a GDPR or within the scope of a contract in accordance with Art 6 Par 1 lit b GDPR, and
  2. the processing of said data was by means of an automated process.

 

Furthermore, in exercising this right, you have the right to require that the personally identifiable information in question be transmitted by SPORT BRÜNDL to another responsible person insofar as this is technically feasible. The liberties and rights of other persons may not be compromised as a consequence.

 

7.4. Right to deletion

 

You have the right to have data deleted under certain circumstances, for example if such data is not being processed in accordance with data privacy statutes.

 

The so-called “right to be forgotten” is not applicable to you since SPORT BRÜNDL does not publicize any personally identifiable information pertaining to you under any circumstances.

 

If you assert your right to have your data corrected, deleted or the processing thereof restricted by SPORT BRÜNDL, we are required to notify all recipients to whom your personally identifiable information was revealed that you have demanded the correction or deletion or restriction of processing of such data, other than if this proves impossible or is associated with disproportionate expense or effort.

 

7.5. Right to object

 

Due to reasons arising from your unique situation, you have the right to object to the processing of personally identifiable information pertaining to you pursuant to Art 6 Par 1 lit e or f GDPR; this also applies to profiling based upon these provisions. In such an instance, SPORT BRÜNDL will no longer process personally identifiable data pertaining to you, other than if we can demonstrate compelling legitimate reasons to do so that outweigh your own interests, rights and liberties, or if the processing thereof is necessary for the assertion or defense of legal claims.

 

7.6. Right to revocation of your data privacy consent

 

You have the right to revoke your consent to our data privacy policy at any time. Doing so in no way affects the legality of our having processed your personally identifiable information prior to the point at which you revoke your permission.

 

 

8.Oversight Authority

 

Regardless of your opportunity to file a complaint with the competent courts in accordance with § 29 Par 2 of the 2018 Data Privacy Act as well as to pursue other potential legal remedies, you also have the right to submit a complaint to the national oversight authority where you live, assuming that your personally identifiable data has been processed in contravention of the law. In Austria, the “Datenschutzbehörde” would be the responsible oversight authority under such circumstances.