Entry into force: 18 September 2016
Revised: May 23 2018

A. Initial situation

Austrosoft Weiss Datenverarbeitungs GmbH and fms GmbH (hereinafter referred to as “fms/Austrosoft” or “we” or “us”) are committed to protecting your privacy, and we understand that it is important to you how the personal information we collect about you is used and shared and that we take your privacy very seriously. fms/Austrosoft’s Data Privacy Statement describes the privacy practices of fms/Austrosoft with respect to information you provide to us through the websites we operate (www.austrosoft.at & www.fms.at). We process your information solely in accordance with legal requirements (GDPR).

This Data Privacy Statement does not apply to the practices of third parties that are not owned or controlled by fms/Austrosoft, nor to persons who are not employed by fms/Austrosoft or do not receive instructions from fms/Austrosoft.

B. What types of information does fms/Austrosoft collect?

Personal data. “Personal data” means information that directly or indirectly identifies you or another person and may include: name, title, company name, job title, mailing address, telephone number, e-mail address, browser and device information (including IP address), and information collected through cookies and other similar technologies. When you submit personal data about other people to us or to our service providers in connection with the websites, you represent that you are authorized to do so and that you permit us to use the information in accordance with this Data Privacy Statement.

Other Information. “Other Information” means information that cannot be used to reveal your identity or the identity of another person, such as information that has been completely and permanently anonymized and aggregated. We use such information to enable and improve the operation of our websites and for the other purposes described below.

C. How does fms/Austrosoft collect information?

We and our service providers collect personal data and other information in a number of ways, including, but not limited to, by

Through the Websites: We collect information about the websites, such as when you download content (such as product folders), subscribe to our e-mail newsletter, or contact us.

Offline: We collect information about you offline, e.g. when you attend one of our events, during telephone conversations with sales representatives or when you contact an fms/Austrosoft representative.

Through you: fms/Austrosoft collects information such as your location or your preferred means of communication when you voluntarily provide us with such information. Unless this information is combined with personal data, this information does not personally identify you or any other user of the websites.

Information from other sources: To better enable us to offer you relevant marketing, offers and services, we obtain information about you from other sources, such as public databases or other third parties.

Through your browser or device: Certain information is collected by most browsers or automatically by your device, such as the MAC address, computer type (Windows or Macintosh), screen resolution, operating system name and operating system version, device manufacturer and device model, language, Internet browser type and version, and the name and version of the websites you use (for example, apps). Your “IP address” is a number that automatically identifies the computer you are using from your Internet service provider (ISP). Your “IP address” is a number that automatically identifies the computer you are using from your Internet service provider (ISP). The IP address, along with the time of your visit and the page(s) you visit, can be automatically identified and logged to our server log files when you access the websites, and IP address collection is a standard practice and is performed automatically by many websites, applications, and other services. fms/Austrosoft uses IP addresses to calculate the usage levels of websites, administer websites, and monitor the regions from which you navigate to fms/Austrosoft websites.

Through cookies and other similar technologies: “Cookies” contain commonly used information in the form of small files that are stored on a person’s device so that the person can more easily communicate and interact with the websites. When you visit our websites, we may send one or more cookies to your device. Cookies allow us to store information about your device that helps us, among other things, to provide you with a good user experience when browsing our websites and to improve the level of service and features offered.

D. How does fms/Austrosoft use personal data?

We use personal data:

For the provision of our services in accordance with our General Terms of Business (GTB), correspondence with customers and suppliers and the proper execution of orders and deliveries of our products as well as the processing of payments notified to us within the framework of the business relationship.

To respond to your inquiries and fulfill your requests, such as sending you requested materials and newsletters and information and materials about our products and services.

To send you administrative information, such as information about the websites and changes to our terms and conditions and policies.

To send you marketing communications that we believe may be of interest to you, including by post and e-mail in accordance with applicable laws and in accordance with your preferences.

For our business purposes, such as improving or modifying the performance of our websites and services; identifying usage trends; determining effectiveness and our advertising campaigns.

Our legal basis for collecting and using the personal data described above depends on the personal data concerned and the specific context in which we collect it. We will collect and use your personal data when the processing is in our legitimate business interests, such as for direct marketing and selling our products to potential business customers (B2B). In some cases, we may also be legally required to collect personal data from you.

In order to guarantee your privacy, state-of-the-art security standards are used. The protection of this data and the personal rights of our customers is very important to us and confidentiality is self-evident.

E. How do I access, change or delete information about myself?

If you would like access, correction, modification, removal, or restriction on the use or disclosure of personal data collected and stored by fms/Austrosoft, or if you would like it transferred to another organization, please contact us at office@austrosoft.at so that we can review and respond to your request in accordance with applicable law. If you wish to object to the processing of your personal data for direct marketing purposes, please use the mechanisms described in Section G (“What choices do I have?”). For your protection, we implement only those requirements relating to personal data that are associated with the e-mail address to which you send us your request, and we must verify your identity before implementing your request. We will answer your request within 30 days. Please note that we must retain certain data for retention and/or to complete transactions that you have commenced prior to requesting such access, modification or deletion.

Q. How long will fms/Austrosoft keep my personal information?

We will retain your personal data for a period of time consistent with the original purpose of the data collection, including pursuing our legitimate business interests, complying with our legal obligations, resolving disputes, and enforcing applicable agreements.

G. What choices do I have?

You may choose not to disclose any information at any time. However, if you choose to do so, it is likely that we will have limited ability to respond to your inquiry or provide you with limited services. You may opt out of receiving marketing communications from fms/Austrosoft by following the unsubscribe or unsubscribe link in an e-mail; by opting out using the unsubscribe form at www.fms.at/abmeldung; or by sending an e-mail to office@austrosoft.at We will respond to your request as soon as possible. In the event that you choose not to receive marketing-related e-mails, we may still send you important administrative messages.

H. Third-Party Sites

The websites allow you to access other Websites on the Internet through direct links and other websites may also contain links to our websites. The information practices or content of other websites are governed by the privacy statements of those websites and not by this data privacy statement. We encourage you to read the privacy policies of these other websites, services and applications to understand how your information is collected and used by them. Please also note that we are not responsible for the policies and practices (including privacy practices) of other organizations such as Facebook, Google, LinkedIn, Microsoft or social media platform providers, operating system providers, mobile operators or device manufacturers regarding data collection, use and sharing, including any personal data you share with other organizations through or in connection with the Apps or Social Media Sites.

I. Changes to this Data Privacy Statement

fms/Austrosoft may change this Data Privacy Statement from time to time. The “entry into force date” at the top of this page indicates when this Data Privacy Statement was last revised. Changes to this Data Privacy Statement will be effective when we post the revised Data Privacy Statement on the Websites.

J. Questions, concerns and complaints

Your privacy is important to us. If you have any questions, concerns or complaints about the way in which we collect and handle your data as a data controller, please contact our data protection officer as follows:

a) by mail to Austrosoft Weiss Datenverarbeitung GmbH, Hietzinger Hauptstrasse 33, 1130 Vienna,
b) by e-mail office@austrosoft.at,
c) by telephone +43 1/87762050,
d) by fax +43 1/877620521.

fms/Austrosoft takes each privacy complaint seriously and each complaint will be evaluated by an appropriate person with the aim of resolving each problem in a timely and efficient manner. We ask you to cooperate with us during this process and to provide us with all relevant information that we need. You may have the right to complain to a Data Protection Authority (DPA) about the collection and use of your personal data by us. For more information, please contact your local data protection authority (contact information can be found here).