Data Protection Declaration

The protection of your personal data – according to the General Data Protection Regulation (hereinafter referred to as “GDPR”), this generally means all information relating to an identified or identifiable natural person (data subject), such as their name, address, date of birth, email address, IP address – is of great concern to us, ingenium holding gmbH (hereinafter referred to as “ingenium”).

As the data controller, we process your personal data with great care for various purposes and rely on various legal bases/grounds, depending on whether you

  • are a visitor to our website,
  • contact us,
  • are a customer of ours,
  • are a (potential) contractual or business partner, or
  • are applying for a job with us.
  1. Data Processing of Visitors to our Website

1.1. Web Hosting

1.1.1. This website is hosted by Hetzner Online GmbH, Industriestraße 25, 91710 Gunzenhausen, Germany, (hereinafter referred to as “host”) who is providing services for ingenium in the field of information technology infrastructure and related services (e.g. storage space and/or computing capacity).

1.1.2. The host is recipient of your personal data and acts as a data processor for ingenium (see section 1.5).

1.1.3. Further information on objection and removal options vis-à-vis the host can be found at https://www.hetzner.com/de/legal/privacy-policy.

1.2. Categories of Personal Data

1.2.1. In connection with the use of the website www.ingenium.trading IT-related data and access data, such as the MAC-address (physical address of devices such as mobile phones, laptops, computers, etc.), the IP-address (Internet Protocol address), date and time of access, browser type and version, the operating system used by the accessing system, the website from which an accessing system reaches our website (through a link), sub-websites accessed via an accessing system on our website and the internet service provider of the accessing system are being processed automatically.

1.2.2. In addition to the data listed under section 1.1.1, also master data (as far as it is disclosed by the data subject), such as name, email-address and telephone number, when using contact forms of our website (●), may be processed automatically

1.2.3. This data is personal data according to Article 4 (1) GDPR.

1.3. Purpose(s) of Data Processing

1.3.1. Data processing is generally carried out to enable you to use the website and establish contact with ingenium.

1.3.2. Furthermore, data processing is carried out for the protection of ingenium, in particular to enforce ingenium’s own legal claims against users of ingenium‘s website and it’s contact forms and to defend ingenium against possible third party claims for (unlawful) actions by users of ingenium’s website and it’s contact forms.

1.3.3. The provision of your data is voluntary. However, the collection of this data is a prerequisite for using the website and it’s contact forms. If you do not provide the host/ingenium with your data or if the data provided is incomplete, the host/ingenium will not be able to grant you (unrestricted) use of ingenium’s website and it’s contact forms; this also applies upon withdrawal of your consent.

1.4. Legal Basis/Grounds of Data Processing

1.4.1. Article 6 (1) lit a GDPR (Consent)

1.4.1.1. According to Article 6 para. 1 lit. a GDPR, the processing of personal data is permitted if the data subject has given their consent to the processing of their personal data for one or more specific purposes. By clicking on the corresponding selection field (“Yes, I agree to the data protection agreement!”), you give your consent to the processing of your data at least for the purposes of data processing mentioned under section 1.2. The processing of your data will therefore definitely be carried out based on your consent.

1.4.1.2. Consent may be revoked at any time with effect for the future. To do so, please contact ingenium as controller for data processing (see section 1).

1.4.2. Article 6 (1) lit b GDPR (Initiation/Fulfilment of Contract)

1.4.2.1. According to Article 6 para. 1 lit. b GDPR, the processing of personal data is permitted if this is necessary for the performance of a contract to which the data subject is a party. This also applies to processing operations that are necessary for the implementation of pre contractual measures. Your personal data is therefore (also) processed for the fulfilment of a contract to which you are a party as well as for the implementation of pre-contractual measures.

1.4.3. Article 6 (1) lit c GDPR (Legal Obligation)

1.4.3.1. According to Article 6 para. 1 lit. c GDPR, the processing of personal data is permitted if this is necessary to fulfil a legal obligation to which the controller is subject. ingenium is obligated to process personal data in order to fulfil a number a legal requirements. Your personal data is therefore (also) processed for the fulfilment of legal obligations of ingenium.

1.4.4. Article 6 (1) lit f GDPR (Legitimate Interest)

1.4.4.1. Pursuant to Article 6(1)(f) GDPR, the processing of personal data is permitted for the purposes of the legitimate interests pursued by the controller, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, which require protection of personal data. Your personal data is therefore (also) processed for the protection of legitimate interests of ingenium (provision of online services and data security, such as – for instance – responding to enquiries, carrying out direct marketing activities, providing services and/or information intended for you, processing and transferring personal data for internal or administrative purposes, operating and administering our website, providing technical support to users, etc.).

1.5. Data Recipient and Order Processor

1.5.1. In order to achieve the intended purposes set out in section 1.2 and for hosting the website, it is necessary and expedient to transfer or disclose your personal data relevant in the respective individual case to the host and other recipients. Your data will only be passed on or transmitted if it is necessary for the initiation or fulfilment of the contract, if it is based on a legal grounds, if there is a legitimate interest or if it is based on your prior consent. Your data is only passed on to the extent necessary for the respective purpose of processing.

1.5.2. Insofar as it is necessary to fulfil the processing purposes, your personal data will also be passed on to the host and other order processors (in particular IT service providers). These order processors provide support and are contractually bound by ingenium’s instructions and the compliance with data protection regulations. As far as ingenium commissions the host and other third parties to process personal data, this is done in accordance with Article 28 GDPR.

1.5.3. If personal data is transferred to recipients in third countries outside the EU and there is no adequacy decision pursuant to Article 45 GDPR by the EU Commission for the third country in question, the data transfer will, in individual cases, take place subject to suitable guarantees pursuant to Article 46 GDPR or, if necessary, by consent for specific purposes.

1.5.4. Since cookies may, depending on the information they contain, also be considered personal data, personal data may be transmitted to further recipients, respectively order processors during the use of the website of ingenium. For the possible use and disclosure of personal data in connection with cookies, see section 1.5.

1.6. Cookies, Web Analysis and Social Media

1.6.1. The website of ingenium use cookies. Cookies are small text files that are stored on the end device of the user of the website of ingenium, provided that the user’s browser settings permit it. Domain-specific information is written in these text files, which can be read again later. With the help of cookies, the website of ingenium can store important data to make the services of ingenium available to you and to make their use more convenient. Some cookies remain stored on your end device until they are deleted by you or until they expire. They enable ingenium to recognise you upon your next visit. Depending on the information they contain, cookies may be considered personal data.
1.6.2. Some cookies require your consent before they may be stored on your end device. Other cookies may be placed without your consent, because they are absolutely necessary for ingenium to provide services to you.

1.6.3. If the settings you have made also include providers that transfer data to countries without an adequacy decision in accordance with Article 45 GDPR and without suitable guarantees in accordance with Article 46 GDPR, your consent also applies accordingly. There is a risk that your data transmitted in this way may be subject to the access by authorities in these third countries for control and monitoring purposes and that no effective legal remedies are available against this.

1.6.4. Categories of Cookies

1.6.4.1. ingenium primarily uses cookies from the following categories on the website of ingenium:

1.6.4.1.1. Technically necessary cookies: ingenium uses technically necessary cookies on the website of ingenium in order to be able to display the website to you and to enable you to use the website properly. The data processing is necessary for the purpose of data security and the prevention of misuse.

1.6.4.1.2. Analytical Cookies: These cookies collect information about the usage behaviour of users of the website of ingenium. For example, they record which website are visited the most and which links are clicked.

1.6.4.1.3. Preference Cookies: Preference cookies allow a website to remember certain information that affects the way a website behaves or looks, such as your preferred language or the region you are in.

1.6.4.1.4. First Party Cookies: First Party Cookies originate from the website operator whose website the user is visiting. These are stored locally on the user’s computer. With a First Party Cookie, the user can only be recognised by the page from which the cookie originates, but not across multiple domains.

1.6.4.1.5. Third Party Cookies: Third Party Cookies, also known as tracking cookies, are a common means of marking visitors to a website so that they can be recognised later. These are data records that are stored in the user’s browser when they visit a page with advertising.

Third Party Cookies are used to monitor the surfing behaviour of a user over a longer period of time, even without explicit registration by the user, on a website and across several web offers and provide useful information to advertisers, such as

  • the user’s navigation via links,
  • time spent on different sites, and
  • various page views and the frequency of views.

1.6.5. Legal Basis/Grounds of Data Processing

1.6.5.1. For all technically unnecessary cookies, the processing of personal data using cookies takes place on the basis of your consent in accordance with Article 6 (1) lit a GDPR in conjunction with § 165 (3) TKG by clicking on the corresponding selection field (“cookie banner”); for all technically necessary cookies for the purpose of contract initiation or contract fulfilment, the processing of personal data using cookies takes place in accordance with Article 6 (1) lit b GDPR and on the basis of the legitimate interests of ingenium in accordance with Article 6 (1) lit f GDPR in conjunction with § 165 (3) TKG.

1.6.5.2. If the settings you have made (respectively the consents you have given) also include providers that transfer data to countries without an adequacy decision in accordance with Article 45 GDPR and without suitable guarantees in accordance with Article 46 GDPR, your consent also applies accordingly. There is a risk that your data transmitted in this way may be subject to the access by authorities in these third countries for control and monitoring purposes and that no effective legal remedies are available against this.

1.6.6. Revocation:

1.6.6.1. The data subject can prevent or change the setting of cookies by the website of ingenium at any time by means of corresponding settings in the browser used and thus, also permanently object to the setting of cookies. The individual consent given by you can also be changed or revoked at any time. Furthermore, cookies that have already been set can be deleted or changed at any time. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the browser used, not all functions of the website of ingenium may be fully useable.

1.6.7. Storage Duration

1.6.7.1. Cookies can be divided into two categories according to the duration of data processing: Session Cookies and Persistent Cookies. Session Cookies are deleted automatically, once you leave the website of ingenium. Persistent Cookies on the other hand remain stored to your end device, until the cookies either reach an expiry date set by ingenium or are manually deleted by you in your browser. ingenium uses such cookies in order to recognise when you revisit the website. In most cases, ingenium stores these cookies for several days. The cookies are only stored for a longer period of time, if this is necessary to enable a simple and optimized use of the website of ingenium. ingenium will also store data from cookies requiring consent until you withdraw your consent, provided that you do so before the expiry date of the cookie in question.

1.6.8. ingenium uses the following Cookies and Tools:

1.6.8.1. Google reCaptcha: the website uses reCAPTCHA, a service for the optimization of websites by Google Ireland Limited (Gordon House, 4 Barrow Street, Dublin, D04 E5W5, Irland. reCAPTCHA is a bot blocker that protects the website from spam, abuse and fraud. It analyses user behavior and other factors to determine whether an action is being performed by a human or a bot. If suspicious activity is detected, reCAPTCHA can take action to prevent unauthorized access, e.g. by setting a task or blocking the interaction. reCAPTCHA sets a required cookie (_GRECAPTCHA) to provide a risk analysis when it is executed. You can find further information on data processing at: https://policies.google.com/privacy

1.6.8.2. Real Cookie Banner: the website uses Real Cookie Banner, a cookie consent tool and content blocker by devowl.io GmbH (Tannet 12, 94539 Grafling, Germany). Real Cookie Banner obtains consent to load services and set cookies for users of the website in accordance with the GDPR and manages the consent of user. In addition, Real Cookie Banner blocks certain content in case a theme, plugin or content loads styles, scripts or iframes that would transfer personal data improperly. This requires Real Cookie Banner itself to set cookies and process. You can find further information on data processing at https://devowl.io/privacy-policy.

  1. Data Processing when contacting us

2.1. Categories of Personal Data

2.1.1. ingenium processes the personal data you provide when you contact us by email or telephone or via the contact forms on our website (see section 1), such as in particular your

2.1.1.1. email address,
2.1.1.2. name,
2.1.1.3. address,
2.1.1.4. telephone number and
2.1.1.5. request including any documents submitted.

2.2. Purpose(s) of Data Processing

2.2.1. We process your personal data according to section 2.1.1 in order to process your contact request and respond to it quickly.

2.3. Legal Basis/Grounds of Data Processing

2.3.1. As a company, we have a legitimate interest in processing and responding to your contact requests quickly and, if necessary, responding to further correspondence. The processing of your personal data according to section 2.1.1 is therefore based on our legitimate interest in accordance with Article 6(1)(f) GDPR.

2.3.2. If your request results in a business relationship, we will also process your personal data according to section 2.1.1 on the basis of our (pre)contractual obligations in accordance with Article 6(1)(b) GDPR.

2.4. Data Recipient and Order Processor

2.4.1. In order to achieve the intended purposes set out in section 2.2, it is also necessary and expedient to transfer or disclose your personal data relevant in the respective individual case to other recipients. Your data will only be passed on or transmitted if it is necessary for the initiation or fulfilment of the contract, if it is based on a legal grounds, if there is a legitimate interest or if it is based on your prior consent. Your data is only passed on to the extent necessary for the respective purpose of processing.

2.4.2. Insofar as it is necessary to fulfil the processing purposes, your personal data will also be passed on to order processors (in particular IT service providers). These order processors provide support and are contractually bound by ingenium’s instructions and the compliance with data protection regulations. As far as ingenium commissions third parties to process personal data, this is done in accordance with Article 28 GDPR.

2.4.3. If personal data is transferred to recipients in third countries outside the EU and there is no adequacy decision pursuant to Article 45 GDPR by the EU Commission for the third country in question, the data transfer will, in individual cases, take place subject to suitable guarantees pursuant to Article 46 GDPR or, if necessary, by consent for specific purposes.

  1. Data Processing of Customers

3.1. Categories of Personal Data

3.1.1. In connection with client relationships, ingenium processes your personal data required for the initiation, maintenance and handling of the client relationship, such as in particular

3.1.1.1. name,
3.1.1.2. address,
3.1.1.3. telephone number,
3.1.1.4. email address,
3.1.1.5. account details,
3.1.1.6. transmitted documents and correspondence.

3.2. Purpose(s) of Data Processing

3.2.1. We process your personal data according to section 3.1.1 for the preparation and conscientious provision of our services and for the fulfilment of legal obligations.

3.3. Legal Basis/Grounds of Data Processing

3.3.1. We process your personal data according to section 3.1.1 either

3.3.1.1. to carry out pre-contractual measures or to fulfill our contractual obligations within the framework of the client relationship and thus, on the basis of Article 6(1)(b) GDPR,

3.3.1.2. for the fulfillment of our legal obligations and thus, on the basis of Article 6(1)(c) GDPR or

3.3.1.3. on the basis of your consent and thus, on the basis of Article 6(1)(a) GDPR.

3.3.2. Consent can be withdrawn at any time with effect for the future. To do so, please contact ingenium as the data controller (see section 9).

3.4. Data Recipient and Order Processor

3.4.1. In order to achieve the intended purposes set out in section 3.2, it is also necessary and expedient to transfer or disclose your personal data relevant in the respective individual case to other recipients. Your data will only be passed on or transmitted if it is necessary for the initiation or fulfilment of the contract, if it is based on a legal grounds, if there is a legitimate interest or if it is based on your prior consent. Your data is only passed on to the extent necessary for the respective purpose of processing.

3.4.2. Insofar as it is necessary to fulfil the processing purposes, your personal data will also be passed on to order processors (in particular to ingenium’s cooperation partners, such as tax consultants and auditors, banks and insurance companies and IT service providers). These order processors provide support and are contractually bound by ingenium’s instructions and the compliance with data protection regulations. As far as ingenium commissions third parties to process personal data, this is done in accordance with Article 28 GDPR.

3.4.3. If personal data is transferred to recipients in third countries outside the EU and there is no adequacy decision pursuant to Article 45 GDPR by the EU Commission for the third country in question, the data transfer will, in individual cases, take place subject to suitable guarantees pursuant to Article 46 GDPR or, if necessary, by consent for specific purposes.

  1. Data Processing of Suppliers and Business Partners

4.1. Categories of Personal Data

4.1.1. In connection with our contracts for goods and services, we process your personal data required for the initiation, maintenance and execution of these contracts, such as in particular

4.1.1.1. name,
4.1.1.2. address,
4.1.1.3. telephone number,
4.1.1.4. email address,
4.1.1.5. account details,
4.1.1.6. executive body status,
4.1.1.7. tax numbers and
4.1.1.8. correspondence.

4.2. Purpose(s) of data processing

4.2.1. We process your personal data according to section 4.1.1 for the implementation of pre-contractual measures, for the execution of our contracts and on the basis of legal obligations.

4.3. Legal Basis/Grounds of Data Processing

4.3.1. We process your personal data according to section 4.1.1 either

4.3.1.1. for the implementation of pre-contractual measures, execution of our contracts and thus on the basis of Article 6(1)(b) GDPR or

4.3.1.2. to fulfil our legal obligations and thus on the basis of Article 6(1)(c) GDPR or

4.3.1.3. on the basis of your consent and thus on the basis of Article 6(1)(a) GDPR.

4.3.2. Consent can be withdrawn at any time with effect for the future. To do so, please contact ingenium as the data controller (see section 9).

4.4. Data Recipient and Order Processor

4.4.1. In order to achieve the intended purposes set out in section 4.2, it is also necessary and expedient to transfer or disclose your personal data relevant in the respective individual case to other recipients. Your data will only be passed on or transmitted if it is necessary for the initiation or fulfilment of the contract, if it is based on a legal grounds, if there is a legitimate interest or if it is based on your prior consent. Your data is only passed on to the extent necessary for the respective purpose of processing.

4.4.2. Insofar as it is necessary to fulfil the processing purposes, your personal data will also be passed on to order processors (in particular to ingenium’s cooperation partners, such as tax consultants and auditors, banks and insurance companies and IT service providers). These order processors provide support and are contractually bound by ingenium’s instructions and the compliance with data protection regulations. As far as ingenium commissions third parties to process personal data, this is done in accordance with Article 28 GDPR.

4.4.3. If personal data is transferred to recipients in third countries outside the EU and there is no adequacy decision pursuant to Article 45 GDPR by the EU Commission for the third country in question, the data transfer will, in individual cases, take place subject to suitable guarantees pursuant to Article 46 GDPR or, if necessary, by consent for specific purposes.

  1. Data Processing of Applicants

5.1. Categories of Personal Data

5.1.1. In the event that you apply to our company as an employee, we, in particular, process the following of your personal data:

5.1.1.1. name,
5.1.1.2. date of birth,
5.1.1.3. marital status,
5.1.1.4. address,
5.1.1.5. telephone number,
5.1.1.6. email address,
5.1.1.7. level of education and certificates,
5.1.1.8. previous employment,
5.1.1.9. hobbies,
5.1.1.10. Interests,
5.1.1.11. correspondence.

5.2. Purpose(s) of data processing

5.2.1. We process your personal data according to section 5.1.1 to handle the application process.

5.3. Legal Basis/Grounds of Data Processing

5.3.1. We process your personal data according to section 5.1.1 either

5.3.1.1. for the implementation of pre-contractual measures (conclusion of an employment contract) and thus on the basis Article 6(1)(b) GDPR or

5.3.1.2. on the basis of your consent, if we are to continue to keep you on record as an applicant, and thus on the basis of Article 6(1)(a) GDPR

5.3.2. Consent can be withdrawn at any time with effect for the future. To do so, please contact ingenium as the data controller (see section 9).

5.4. Data Recipient and Order Processor

5.4.1. In order to achieve the intended purposes set out in section 5.2, it is also necessary and expedient to transfer or disclose your personal data relevant in the respective individual case to other recipients. Your data will only be passed on or transmitted if it is necessary for the initiation or fulfilment of the contract, if it is based on a legal grounds, if there is a legitimate interest or if it is based on your prior consent. Your data is only passed on to the extent necessary for the respective purpose of processing.

5.4.2. Insofar as it is necessary to fulfil the processing purposes, your personal data will also be passed on to order processors (in particular to IT service providers). These order processors provide support and are contractually bound by ingenium’s instructions and the compliance with data protection regulations. As far as ingenium commissions third parties to process personal data, this is done in accordance with Article 28 GDPR.

5.4.3. If personal data is transferred to recipients in third countries outside the EU and there is no adequacy decision pursuant to Article 45 GDPR by the EU Commission for the third country in question, the data transfer will, in individual cases, take place subject to suitable guarantees pursuant to Article 46 GDPR or, if necessary, by consent for specific purposes.

  1. Storage Period

6.1. In general, personal data is only stored by ingenium to the extent absolutely necessary and is generally deleted after the statutory limitation period under civil law of three years (e.g. customer correspondence) or, in the case of invoice-relevant data, after ten years in accordance with § 212 UGB or §§ 132f BAO. This storage period is only extended in justified individual cases, for example for the reason of an ongoing civil court or official dispute. If the storage purpose no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

  1. Data Security

7.1. The protection of your personal data is of great concern to us and is ensured by appropriate organizational and technical measures and precautions in accordance with Article 32 GDPR. These measures relate in particular to protection against unauthorized, unlawful or accidental access, processing, loss, use and manipulation.

7.2. We would like to point out that we therefore assume no liability whatsoever for the disclosure of information due to errors in data transmission and/or unauthorized access by third parties not caused by us.

  1. Rights of the Data Subject

8.1. You have the right to obtain information as to whether and, if so, which of your personal data is being processed. In this case, ingenium will provide you with a copy of the personal data that is the subject of the processing, provided that this does not adversely affect the rights and freedoms of others (Article 15 GDPR).

8.2. You have the right to obtain without undue delay the rectification of inaccurate personal data concerning you. Considering the purposes of the processing, you also have the right to request the completion of incomplete personal data (Article 16 GDPR).

8.3. You have the right to request that personal data concerning you be deleted immediately if the personal data is no longer necessary for the purposes for which they were collected or otherwise processed or if you revoke your consent on which the processing was based and there is no other legal basis for the processing or if the personal data has been processed unlawfully (Article 17 GDPR).

8.4. You have the right to request the restriction of processing if the accuracy of the personal data is contested, the processing is unlawful but you oppose the deletion, ingenium no longer needs the personal data but you require it for the establishment, exercise or defence of legal claims or you have objected to processing pursuant to Article 21 GDPR pending the verification whether the legitimate grounds of the controller override your grounds (Article 18 GDPR).

8.5. If you have consented to data processing, you have the right to revoke your consent on which the processing was based at any time; the lawfulness of the processing carried out based on the consent until its revocation remains unaffected (Article 7 GDPR).

8.6. You have the right to receive your personal data that you have provided to ingenium in a structured, commonly used and machine-readable format or to have this data transmitted to another controller, provided that the data processing is based on consent or is necessary for the performance of a contract, is carried out by automated means and the transmission does not adversely affect the rights and freedoms of others (Article 10 GDPR).

8.7. You have the right to object – on grounds relating to your particular situation at any time – to the processing of your personal data, which is processed and disclosed for the purposes of the legitimate interests pursued by ingenium or by a third party (Article 21 DSGVO).

8.8. You have the right to lodge a complaint with the data protection authority if you believe that the processing of your personal data violates the GDPR or data protection laws. The address of the supervisory authority responsible for ingenium is:

Österreichische Datenschutzbehörde
Barichgasse 40-42
1030 Vienna
telephone: +43 1 52 152-0
email: dsb@dsb.gv.at

8.9. If you have any questions or concerns regarding the processing of your personal data, please contact us as the controller (see section 9.

  1. Responsibility for Data Processing (Data Controller)

ingenium fx technology gmbH
Wohllebengasse 4/11
1040 Wien
email: legal@ingenium.trading