Introduction
OwnerChip GmbH with its seat in Vienna and the business address SPACES Icon Tower 9, Gertrude-Fröhlich-Sandner Straße 2-4, 1100 Vienna, registered with the Commercial Court Vienna under FN 591426w (“we“) operates the website under the domain thekisslegacy.com (“Website”) and are the controller under data protection law for any and all data processing operations outlined subsequently.
Thank you for your interest in our Website. The protection of your privacy is very important to us and we would like to inform you accordingly about your rights and opportunities in order to effectively support a trusting business relationship.
Our data protection practice is in accordance with the General Data Protection Regulation of the European Union (“GDPR“) in conjunction with the Austrian Data Protection Act (“DSG“), the Austrian Telecommunications Act 2021 (“TKG“) and other relevant legal provisions. The following declaration is intended to provide you with comprehensive information in the sense of Art 13 GDPR on how we deal with your data and what rights you have. Information may be either collected directly from you by means of inputs and dispositions or due to accessing one of our offers.
Data protection laws are generally relevant in case any processing of personal data is concerned. The terms used within the scope of this data protection declaration are defined in and by the GDPR. As such, the broad definition of “processing” of personal data means any operation or set of operations performed on personal data, such as, but not limited to, recording, organization, storage, alteration, and transmission of personal data. Any information allowing us or third parties, in a review or by additional knowledge, to potentially identify you in person can be considered personal data. Should the subsequent information only reference ‘data’, this is always to be understood as ‘personal data’.
1. Data Processing Operations
1.1 Processing of Access Data When Visiting Our Website
Type and extent of data processing:
You can visit our Website without providing any personal information. When you access our Website, only certain access data are processed automatically in so-called server logfiles. In particular, the following data are processed in this context:
- name of visited website
- browser type/version used
- operating system of the user
- previously visited website (referrer URL)
- time of the server request
- data volume transferred
- host name of the accessing computer (IP address used)
This information does not allow us to identify you personally; however, IP addresses are considered personal data within the meaning of the GDPR. As a mere website visitor, you can inform yourself about our offers and activities without any obligation and without the possibility for us to link such data to your person.
Legal basis and purpose:
The purpose of this data processing operation is to establish and maintain technical security in regards of our Website, to improve the Website’s quality and to generate non-personal statistical information. The processing is based on our legitimate interest (Art 6 para 1 lit f GDPR) in achieving the mentioned purposes.
1.2 Contacting
Type and extent of data processing:
When contacting us via the contact information provided in the course of this Data Protection Declaration respectively on our Website, we will use your data as indicated in order to process your contact request and deal with it. The data processing involved is necessary to issue a response in respect of your request, as we would otherwise not be able to contact you.
Legal basis and purpose:
Purpose of the data processing is to enable us an exchange with users of the Website. We answer your request on the basis of our legitimate interest (Art 6 para 1 lit f GDPR) in maintaining a properly functioning contact system, which is a prerequisite for the provision of any services. In case of repeated contact requests, we may also store your data for the purpose of cultivating existing/returning contacts, which you will be informed of in accordance with the requirements of data protection law.
Storage period:
We delete your requests as well as your contact data if the request has been answered conclusively. Your data are, in general, stored for a period of twelve months (12) months and subsequently erased if we do not receive follow-up requests and if the data must not be further processed for different purposes.
Transfer of data:
We may forward your request to the Belvedere Museum (Österreichische Galerie Belvedere, Wissenschaftliche Anstalt öffentlichen Rechts, Prinz-Eugen-Straße 27, 1030 Wien; www.belvedere.at) in case your inquiry relates to services offered by the Belvedere Museum.
1.3 Customer Orders, User Accounts
Type and extent of data processing:
Should you have decided to purchase one or more Honorary Kiss Patron Packages on our Website, you will be required to provide certain information for the execution of the contract. You must provide the following personal data:
- full name
- email address
- payment information
- billing address
Legal basis and purpose:
We process your data for the purpose of conducting our business activity and to be able to provide our services as offered. The processing is necessary to fulfil the purchase contract concluded with you and is, thus, based on Art 6 para 1 lit b GDPR.
Storage period:
Data collected in the course of orders are stored for the period of one (1) year and will be erased thereafter, as long as follow-up contact has not been established in the meantime. Longer storage periods may be the result of legal storage obligations or in case legal claims are assumed. This, in particular, concerns your settlement data which we have to store for seven (7) years due to tax based and entrepreneurial retention and documentation periods following the Austrian Federal Fiscal Code as well as the Austrian Commercial Code.
Transfer of data:
Some of the items contained in the Packages are directly offered by the Belvedere Museum (Österreichische Galerie Belvedere, Wissenschaftliche Anstalt öffentlichen Rechts, Prinz-Eugen-Straße 27, 1030 Wien; www.belvedere.at). We will forward your personal data – e.g. name, email address, wallet identifier – to the Belvedere Museum to the extent necessary for the museum to fulfill its contractual obligations (Art 6 para 1 lit b GDPR). The privacy policy of the Belvedere Museum belvedere.at) applies to the processing of your data by the Belvedere museum.
The Kiss Portal
In the course of completing your purchase, we create a user account for the “Kiss Portal”. The login credentials are sent to the email address you provide on the Website. When you log into your account, you can check your benefits granted with the package, decide to assign the patronage as a gift for third persons, and claim the digital goods of the Package. We process all personal data that you submit in the course of interacting with your account, e.g. your name, contact details. Data will be stored in your account as long as you decide to delete it.
1.4 Legal Retention and Documentation Periods
Type and extent of data processing:
Even after an active customer relationship with us ceases to exist, we may not be allowed to delete all of your data due to legal requirements. Within this context, different types of data are affected to a varying extent. This concerns, in particular, your settlement data which are to be stored on the basis of safekeeping and documentation obligations pursuant to the Austrian Federal Fiscal Code (BAO) as well as the Austrian Corporate Code (UGB).
Legal basis and purpose:
We process your data in this context on the basis of Art 6 para 1 lit c GDPR (legal obligation). Said processing of your data is conducted for the purpose of complying with our own statutory duties.
Storage period:
Due to legal safekeeping and documentation obligations, your settlement data are generally stored for a period of seven (7) years. In case the data in question are relevant for a pending (tax) proceeding, they might be stored for longer periods.
1.5 Storage Technologies
1.5.1 Cookies
If you give us your express consent pursuant to Art 6 para 1 lit a GDPR, so-called “cookies” are used on our Website (you may withdraw you previously given consent at any time [see “right to withdraw” under point 4]); in case you decline to provide us with your consent, we shall limit our use of cookies to those cookies being technically necessary and essential for the proper functioning of our Website (see below) and process your data on the basis of our accompanying legitimate interest (Art 6 Abs 1 lit f GDPR), as far as personal data are involved.
Cookies are small data sets that are stored on your end device. They help us to make our offer more user-friendly. They are placed by a web server and sent back to it as soon as a new connection is established in order to recognize the user and his or her settings. In this sense, a cookie is a small local text file that assigns a specific identity consisting of numbers and letters to your end device.
In most cases, cookies do not contain personal data. Furthermore, cookies cannot access or interact with data stored locally on your device under any circumstances. For example, cookies can enable you to access and navigate websites faster and more efficiently. Cookies help to maintain the functionality of websites with regard to state-of-the-art functions and user experience; on the other hand, they are also used for targeted and cost-saving marketing measures.
Cookie Types:
Necessary/essential cookies: Such cookies are required for the operation of the Website and are essential to navigate the Website and to use its full range of functions.
Functionality cookies: These cookies allow websites to remember information that affects the way a website behaves or looks.
Performance cookies: These types of cookies allow website operators to understand how visitors interact with their website by collecting and analyzing information anonymously.
Tracking cookies: These cookies allow tracking of visitors when accessing websites in order to display advertisements that are relevant and appealing.
Most browsers automatically accept cookies. However, you have the option to customize your browser settings so that cookies are either generally declined or only allowed in certain ways (eg, limiting refusal to third party cookies). However, if you change your browser’s cookie settings, some websites may no longer be fully usable. The setting options for the most common browsers can be found under the following links:
- Internet Explorer™: support.microsoft.com
- Edge™: support.microsoft.com
- Safari™: support.apple.com
- Chrome™: support.google.com
- Firefox™ support.mozilla.org
- Opera™: help.opera.com
With regard to the storage period cookies can be further differentiated into session cookies and persistent cookies. Furthermore, cookies may be differentiated into first-party cookies and third-party cookies depending on their subject of attribution.
1.5.2 Local Storage
If you have given us your explicit prior consent according to § 165 para 3 TKG 2021 in conjunction with Art 6 para 1 lit a GDPR after accessing our Website, we use storage capacity of your browser software in order to enhance the usability of our Website, its user-friendliness and our service in general (for example to save your language settings). Therefore, we use the so-called Local Storage to store certain data on your end device, whereby your browser software maintains a separate Local Storage for each domain. Besides yourself, only we are able to access the data we are processing in this context.
Please be aware that Local Storage data have no expiry date and will remain on your end device even after you have closed your browser session. If you want to clear your Local Storage, you may clear the cache of your browser software acting as a temporary storage. As Local Storage needs JavaScript to function, disabling JavaScript can also prevent websites from accessing it and storing data in that way.
The setting options for the most common browsers can be found under the following links: Microsoft Edge™ clear-my-cache.com Apple Safari™ clear-my-cache.com Google Chrome™ support.google.com Mozilla Firefox™ support.mozilla.org Opera™ clear-my-cache.com JavaScript settings for the most common browsers can be found under kb.iu.edu
1.6 Third-Party Services
We use the following third-party services to provide our services to you. They help us to extend the website functionality for our users and/or to perform evaluations regarding our offerings/services. Such implementation requires the processing of no less than your IP address. As these third-party services use cookies, they are only fully functional if you have given us your explicit prior consent in accordance with § 165 para 3 TKG in conjunction with Art 6 para 1 lit a GDPR. Any data processing caused by these services which is not carried out by storing information on the end device of the user respectively by accessing such information, is based on our legitimate interest in creating cost-efficient website access statistics that are easy to use as well as in improving our own offer by making use of information generated by said services (Art 6 para 1 lit f GDPR).
Some of the services we use (e.g., Auth0, Alibaba Cloud, Vercel) may process data outside the European Economic Area. When transferring personal data to these service providers, an adequate level of data protection is ensured by the respective EU standard contractual clauses and/or by the service provider’s certification in accordance with the requirements of the EU-US Data Privacy Framework.
1.6.1 Sentry
Within our Apps and our website, we use the tool “Sentry” of Functional Software Inc., 132 Hawthorne Street, San Francisco, CA 94107, USA (“Functional Software”). Sentry is an open-source error tracking tool for detecting, recording and evaluating software errors as well as program crashes. The so called “sentry application”, the database which is used by Sentry, is hosted under controlled conditions on managed servers, which means that we do not have any data leakage outside our servers. Functional Software does not receive any data.
1.6.2 Matomo
Only within our Website, we use the tool “Matomo”, an open-source web analytics tool for tracking and analysing online Website visits, provided by the Matomo Collective. Matomo is hosted under controlled conditions on our servers, which means that we do not have any data leakage outside our servers. Matomo is hosted on web infrastructure within the Alibaba Cloud, provided by Alibaba Cloud (Europe) Limited, 8th Floor Millbank Tower, 21-24 Millbank, London, England, SW1P 4QP.
1.6.3 Stripe
Your payments are processed by Stripe, Inc., 354 Oyster Point Boulevard, South San Francisco, California, 94080, USA. Stripe processes payments and acts partly as an independent data controller and partly as a data processor on our behalf. Stripe is certified under the EU-US Data Privacy Framework.
1.6.4 Auth0
We use the Auth0 authentication tool from Okta, Inc., 100 First Street, 6th Floor, San Francisco, CA 94105, USA. This tool allows you to register or log in to web portal with your credentials. Okta has committed to complying with the EU-US Data Privacy Framework. Further information can be found at auth0.com/docs/secure/data-privacy-and-compliance/gdpr.
1.6.5 Vercel
Our website and database are provided by Vercel Inc., 440 N Barranca Avenue #4133, Covina, CA 91723, United States. Vercel has committed to complying with the EU-US Data Privacy Framework. Further information can be found at vercel.com/legal/privacy-policy.
1.7 Links to Third-Party Sites
On our Website we use links to the websites of third parties. These are, in particular, reference links leading to our permanent partners. If you click on one of these links, you will be forwarded directly to the respective page. For the website operators it is only evident that you have accessed our Website. Accordingly, we refer you, in general, to the separate privacy policies of these websites.
2. Data Transfer
For the purposes explained in this Data Protection Declaration, we will transfer your (personal) data to the following recipients or make them available to them:
Within our organisation, your data will be provided to those entities or employees who need them to fulfil their contractual or legal obligations and for data processing that is based on our legitimate interests.
Furthermore, (external) processors deployed by us receive your data if they need such data to provide their respective services (whereby the mere possibility to access personal data is sufficient). All processors are contractually obliged to keep your data confidential and to process it only within the scope of service provision. This includes the following categories of recipients:
- website evaluation/analysis (see point 6)
- Amazon Internet Services EMEA SARL, 38 Avenue John F. Kennedy, L-1855, Luxemburg.
- Pinata Technologies, Inc., 3555 Farnam St. #905, Omaha, NE 68131, USA.
- InterPlanetary File System (IPFS), decentralized Peer-to-Peer Network operated open source with the core team of Protocol Labs.
Please note that some of the recipients mentioned above are located outside of the EEA region or process your (personal) data outside of the EEA region. As far as no adequacy decision of the European Commission is in existence with regard to such cases, we shall legitimise the third-country transfer on the basis of standard contractual clauses or other appropriate safeguards in the sense of Art 46 GDPR, which we have agreed upon accordingly with the respective provider.
Lastly, we may transfer your data to independent controllers, as far as this is necessary in the course of our business activity in order to provide our services. In particular, we will transfer your name, postal address, email address, and purchase-related data to the Belvedere Museum (Österreichische Galerie Belvedere, Wissenschaftliche Anstalt öffentlichen Rechts, Prinz-Eugen-Straße 27, 1030 Wien; www.belvedere.at) on the grounds of performing the contract concluded with you (Art 6 para 1 lit b GDPR).
Also, a transfer of certain of your data to authorities/courts in the course of their statutory competence might take place.
3. Data Security; Erasure Concept
We take all appropriate technical and organisational measures to ensure that only those personal data that are absolutely necessary for the business purpose are processed by default. The measures taken by us concern the amount of data collected, the scope of processing as well as its storage period and accessibility. We use these measures to ensure that personal data are only made available to a limited and necessary number of persons through default settings. Other persons will under no circumstances be granted access to personal data without the explicit consent of the data subject. In addition, we use various protection mechanisms (backups, encryption) to safeguard the Website and other systems. This is intended to provide the best possible protection for your (personal) data against loss or theft, destruction, unauthorized access, alteration and distribution.
All of our employees have been sufficiently informed of all applicable data protection regulations, internal data protection regulations as well as data security precautions and are required to keep confidential all information entrusted or made available to them in the course of their professional activities. The requirements of the GDPR are strictly observed and personal data are only made available to individual employees insofar as this is necessary regarding the purpose of data collection and our obligations arising therefrom. If we deploy processors, these are obliged to act in accordance with our data protection practice on the basis of specific framework agreements concluded with us.
In accordance with the provisions of the GDPR, all (personal) data collected by us via the Website will only be stored for as long as it is required with regard to the legal basis of the processing operation, unless long-term storage is provided for by law. We comply with our obligation to delete data on the basis of our specific internal deletion concept, wherefore we can provide you with further information on request.
4. Rights of the Data Subject
A central aspect of data protection regulations is the implementation of adequate options allowing you to dispose of your own personal data, even after processing of said personal data has already commenced. For this purpose, a series of rights of the data subject are set in place. We shall comply with your corresponding requests to exercise your rights without undue delay and in any event within one (1) month of receipt of the request. Please direct your request to the following email address: office@ownerchip.com.
Right of Access
Should you exercise your right of access, we shall confirm whether we are processing your personal data and provide you with all relevant information in this regard, to the extent permitted by law.
Right to Rectification
You may request that we rectify wrongly recorded data, data that have become inaccurate or incomplete. Your request will then be examined and the data processing affected may be restricted for the duration of the examination upon request.
Right to Erasure
The right to erasure may be exercised (i) in the absence of a need with regard to the purpose of processing, (ii) in the event of revocation of a consent given by you, (iii) in the event of an objection with regard to your particular situation, (iv) in the event of unlawful data processing, (v) in the event of a legal obligation to erase, and (vi) in the event of processing data of minors.
Right to Restriction of Processing
A right to restriction of processing, after the exercise of which affected data may only be stored, exists in special cases including the duration of data corrections, unlawful data processing, and the duration of examination of an objection request.
Right to Withdraw Consent
If we process your data on the basis of your express, prior consent, you have the right to withdraw such consent at any time. Processing activities being validly based on the consent of the data subject do not become unlawful retroactively in case such consent is withdrawn.
Right to Object
You have the right to object to data processing at any time on grounds relating to your particular situation. This applies to all cases of data processing based on our legitimate interests pursuant to Art 6 para 1 lit f GDPR.
Right to Lodge a Complaint
You have the right to lodge a complaint with the relevant national supervisory authority.
Right to Data Portability
You have the right to data portability, after the exercise of which the data concerned may be obtained in a structured, common and machine-readable format or upon request directly communicated to another controller.
Austrian Data Protection Authority
If you take the view that we violate applicable data protection laws when processing your data, you have the right to file a complaint with the Austrian Data Protection Authority. However, we would ask you to contact us in advance in order to clarify any questions or problems.
Contact Details:
Austrian Data Protection Authority
Barichgasse 40–42
1030 Vienna, Austria
Phone: +43 1 52 152-0
Email: dsb@dsb.gv.at
Contact Details Regarding Data Protection Issues
For data protection questions, messages or requests, please use the following contact address:
OwnerChip GmbH
Gertrude-Fröhlich-Sandner Straße 2-4
SPACES Icon Tower 9
1100 Vienna, Austria
Email: office@ownerchip.com