Privacy policy

This data protection declaration explains the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the associated websites, functions and content as well as external online presences, such as our social media profile (hereinafter collectively referred to as "online offer"). With regard to the terms used, such as "processing" or "person responsible", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Responsible person

Beware of Mainstream
Schlüsselgasse 3/3
1040 Wien
Email address: mind@bewareofmainstream.com

Types of data processed:

- Inventory data (e.g., names, addresses).
- Contact details (e.g., e-mail, telephone numbers).
- Content data (e.g., text input, photographs, videos).
- Usage data (e.g. websites visited, interest in content, access times).
- Meta / communication data (e.g., device information, IP addresses).

Categories of data subjects

Visitors and users of the online offer (in the following we also refer to the persons concerned collectively as "users").

Purpose of processing

- Provision of the online offer, its functions and content.
- Answering contact inquiries and communicating with users.
- Safety measures.
- Reach measurement / marketing

Terms used

“Personal data” is all information that relates to an identified or identifiable natural person (hereinafter “data subject”); A natural person is regarded as identifiable who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, which express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.

“Processing” is any process carried out with or without the aid of automated processes or any such series of processes in connection with personal data. The term goes far and includes practically every handling of data.

"Pseudonymization" the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures that ensure that the personal data cannot be assigned to an identified or identifiable natural person.

"Profiling" means any type of automated processing of personal data that consists of using this personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal To analyze or predict the preferences, interests, reliability, behavior, whereabouts or relocation of this natural person.

“Responsible” is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.

"Processor" means a natural or legal person, authority, institution or other body that processes personal data on behalf of the person responsible.

Relevant legal bases

In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the performance of our services and the implementation of contractual measures Answering inquiries is Art. 6 Para. 1 lit.b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit.c GDPR, and the legal basis for processing to safeguard our legitimate interests is Art . 6 para. 1 lit.f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 (1) (d) GDPR serves as the legal basis.

Safety measures

In accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons, we make suitable technical and organizational measures to ensure a level of protection appropriate to the risk.

The measures include, in particular, securing the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transfer, ensuring availability and their separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, deletion of data and reaction to data threats. Furthermore, we already consider the protection of personal data during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR).

Cooperation with contract processors and third parties

If we disclose data to other persons and companies (contract processors or third parties) as part of our processing, transmit them to them or otherwise grant them access to the data, this is only done on the basis of legal permission (e.g. if the data is transmitted to third parties, such as to payment service providers, according to Art. 6 Paragraph 1 lit.

If we commission third parties to process data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 GDPR.

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this happens in the context of the use of third party services or disclosure or transmission of data to third parties, this will only take place if it happens to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 ff. GDPR are met. This means that processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").

Rights of data subjects

You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

You have accordingly. Art. 16 GDPR the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.

In accordance with Art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.

You have the right to request that you receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.

In accordance with Art. 77 GDPR, you also have the right to lodge a complaint with the competent supervisory authority.

Right of withdrawal

You have the right to revoke your consent in accordance with Art. 7 Paragraph 3 GDPR with effect for the future

Right to object

You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection can in particular be made against processing for direct marketing purposes.

Cookies and right to object to direct mail

"Cookies" are small files that are stored on the users' computers. Various information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. Such a cookie can, for example, store the content of a shopping cart in an online shop or a login status. Cookies are referred to as "permanent" or "persistent" and remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. The interests of the users can also be stored in such a cookie, which are used for range measurement or marketing purposes. "Third-party cookies" are cookies that are offered by providers other than the person responsible for operating the online offer (otherwise, if it is only their cookies, they are referred to as "first-party cookies").

We can use temporary and permanent cookies and clarify this in the context of our data protection declaration.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU side http://www.youronlinechoices.com/ be explained. Furthermore, cookies can be saved by deactivating them in the browser settings. Please note that then you may not be able to use all of the functions of this online offer.

Deletion of data

The data processed by us will be deleted or restricted in their processing in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention requirements. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be kept for commercial or tax reasons.

According to legal requirements in Germany, the storage takes place in particular for 10 years according to §§ 147 Abs. 1 AO, 257 Abs. 1 Nr. 1 and 4, Abs. 4 HGB (books, records, management reports, accounting documents, trading books, more relevant for taxation Documents, etc.) and 6 years according to § 257 Paragraph 1 No. 2 and 3, Paragraph 4 HGB (commercial letters).

According to legal requirements in Austria, the storage takes place in particular for 7 years in accordance with § 132 para. 1 BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, list of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the mini-one-stop-shop (MOSS) is used.

Business related processing

We also process
- Contract data (e.g., subject of the contract, term, customer category).
- Payment data (e.g., bank details, payment history)
by our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

Order processing in the online shop and customer account

We process the data of our customers as part of the order processes in our online shop in order to enable them to select and order the selected products and services, as well as their payment and delivery or execution.

The processed data includes inventory data, communication data, contract data, payment data and the persons affected by the processing include our customers, interested parties and other business partners. The processing takes place for the purpose of providing contractual services in the context of the operation of an online shop, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to store the login status.

The processing takes place on the basis of Article 6 Paragraph 1 lit. b (execution of order processes) and c (legally required archiving) GDPR. The information marked as necessary is required for the establishment and fulfillment of the contract. We only disclose the data to third parties in the context of delivery, payment or in the context of legal permits and obligations to legal advisors and authorities. The data will only be processed in third countries if this is necessary to fulfill the contract (e.g. at the customer's request for delivery or payment).

Users can optionally create a user account in which they can see their orders in particular. As part of the registration, the required mandatory information is communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention is necessary for commercial or tax reasons in accordance with Art. 6 Para. 1 lit. c GDPR. Information in the customer account remains until it is deleted with subsequent archiving in the event of a legal obligation. It is up to the users to save their data in the event of termination before the end of the contract.

As part of the registration and renewed logins as well as the use of our online services, we save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the user's protection against misuse and other unauthorized use. This data is generally not passed on to third parties, unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Article 6 (1) (c) GDPR.

The deletion takes place after the expiry of statutory warranty and comparable obligations, the necessity of storing the data is checked every three years; In the case of the statutory archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligation).

Contractual services

We process the data of our contractual partners and interested parties as well as other clients, customers, clients, clients or contractual partners (uniformly referred to as "contractual partners") in accordance with Article 6 Paragraph 1 lit. b. GDPR in order to provide you with our contractual or pre-contractual services. The data processed here, the type, scope and purpose and the necessity of their processing are determined by the underlying contractual relationship.

The processed data includes the master data of our contractual partners (e.g., names and addresses), contact details (e.g. e-mail addresses and telephone numbers) as well as contract data (e.g., services used, contract content, contractual communication, names of contact persons) and payment data (e.g., Bank details, payment history).

As a matter of principle, we do not process special categories of personal data, unless these are part of a commissioned or contractual processing.

We process data that are required for the establishment and fulfillment of the contractual services and point out the necessity of their disclosure, if this is not evident for the contractual partner. Disclosure to external persons or companies only takes place if it is required within the framework of a contract. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client and the legal requirements.

When using our online services, we can save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the interests of the users in protection against misuse and other unauthorized use. This data is generally not passed on to third parties, unless it is necessary to pursue our claims in accordance with Art. 6 Paragraph 1 lit. f. GDPR or there is a legal obligation to do so in accordance with Art. 6 Paragraph 1 lit. c. GDPR.

The data will be deleted when the data is no longer required to fulfill contractual or statutory duties of care and to deal with any warranty or comparable obligations, whereby the need to store the data is checked every three years; Otherwise, the statutory retention requirements apply.

External payment service providers

We use external payment service providers, through whose platforms the user and we can carry out payment transactions (e.g., each with a link to the privacy policy, PayPal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full), Stripe (https://stripe.com/at/privacy), Visa (https://www.visa.de/datenschutz), Mastercard (https://www.mastercard.de/de-de/datenschutz.html), American Express (https://www.americanexpress.com/de/content/privacy-policy-statement.html)

As part of the fulfillment of contracts, we use the payment service providers on the basis of Article 6 Paragraph 1 lit. GDPR. In addition, we use external payment service providers on the basis of our legitimate interests in accordance with Article 6 (1) (f) GDPR in order to offer our users effective and secure payment options.

The data processed by the payment service provider includes inventory data such as name and address, bank data such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, sums and recipient-related information. The information is required to carry out the transactions. However, the data entered will only be processed and stored by the payment service providers. This means that we do not receive any account or credit card-related information, but only information with confirmation or negative information about the payment. The data may be transmitted to credit agencies by the payment service provider. The purpose of this transmission is to check your identity and creditworthiness. For this we refer to the terms and conditions and data protection information of the payment service providers.

For payment transactions, the terms and conditions and the data protection notices of the respective payment service providers apply, which can be accessed on the respective websites or transaction applications. We also refer to these for the purpose of further information and assertion of rights of revocation, information and other data subjects.

Administration, financial accounting, office organization, contact management

We process data in the context of administrative tasks as well as the organization of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the context of providing our contractual services. The processing bases are Article 6 Paragraph 1 lit. DSGVO, Art. 6 Para. 1 lit.f. DSGVO. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in processing lies in administration, financial accounting, office organization, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the information given for these processing activities.

We disclose or transmit data to the financial administration, consultants, such as tax consultants or auditors, as well as other fee offices and payment service providers.

Furthermore, on the basis of our business interests, we store information about suppliers, organizers and other business partners, e.g. for the purpose of later contact. We generally store this mostly company-related data permanently.

Collection of access data and log files

We, or our hosting provider, collect data on every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Art. 6 Paragraph 1 lit. The access data includes the name of the accessed website, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider .

For security reasons (e.g. to investigate acts of abuse or fraud), log file information is stored for a maximum of 7 days and then deleted. Data, the further storage of which is necessary for evidence purposes, are excluded from deletion until the respective incident has been finally clarified.

Google Tag Manager

Google Tag Manager is a solution with which we can manage so-called website tags via an interface (and thus, for example, integrate Google Analytics and other Google marketing services into our online offer). The Tag Manager itself (which implements the tags) does not process any personal data from users. With regard to the processing of users' personal data, reference is made to the following information on Google services. Usage guidelines: https://www.google.com/intl/de/tagmanager/use-policy.html.

Google Analytics

On the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. GDPR), we use Google Analytics, a web analysis service provided by Google LLC (“Google”). Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transmitted to a Google server in the USA and stored there.

Google is certified under the Privacy Shield Agreement and thus offers a guarantee that it will comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with other services related to the use of this online offer and the internet. In doing so, pseudonymous user profiles can be created from the processed data.

We only use Google Analytics with activated IP anonymization. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address will only be transmitted to a Google server in the USA and shortened there in exceptional cases.

The IP address transmitted by the user's browser will not be merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; Users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and from processing this data by downloading and installing the browser plug-in available under the following link:http://tools.google.com/dlpage/gaoptout?hl=de.

For more information on the use of data by Google, setting and objection options, please refer to Google's data protection declaration (https://policies.google.com/technologies/ads) as well as in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).

The personal data of the users will be deleted or anonymized after 14 months.

Target group formation with Google Analytics

We use Google Analytics in order to only display the advertisements placed within Google's advertising services and its partners to those users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products that are based on the visited Websites) that we transmit to Google (so-called "remarketing" or "Google Analytics audiences"). With the help of remarketing audiences, we would also like to ensure that our advertisements correspond to the potential interest of the users.

Online presence in social media

We maintain an online presence within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services. When calling up the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.

Unless otherwise stated in our data protection declaration, we process the data of the users as long as they communicate with us within the social networks and platforms, e.g. write articles on our online presence or send us messages.

Integration of services and content from third parties

We use content or service offers from third-party providers within our online offer based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. Integrate services such as videos or fonts (hereinafter uniformly referred to as “content”).

This always presupposes that the third-party providers of this content perceive the IP address of the user, since they would not be able to send the content to their browser without the IP address. The IP address is therefore required to display this content. We strive to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user's device and contain, among other things, technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offer, as well as being linked to such information from other sources.

Google Fonts

We integrate the fonts (“Google Fonts”) from the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Google Maps

We integrate maps from the “Google Maps” service provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. The processed data may include, in particular, the users' IP addresses and location data, which, however, are not collected without their consent (usually in the context of the settings of their mobile devices). The data can be processed in the USA. Data protection: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated