Privacy Note
Last updated: November 29, 2023
This Privacy Notice describes how Infrared City GmbH (“controller” / “we” / “our”) processes your personal data.
1 Controller
Controller within the meaning of the General Data Protection Regulation (“GDPR”): Infrared City GmbH
Director: Angelos Chronis
Address: Czerningasse 4/3/314, 1020 Wien, Austria
Registered at the Commercial Court of Vienna under: FN 612069b
Email: [email protected]
2 Personal data
Personal data is information that relates to an identified or identifiable natural person (“data subject”). Examples include name, address, e-mail address, telephone number, date of birth, age, gender, social security number. There are also special categories of personal data (so-called “sensitive data”). The GDPR understands this to include, for example, health data or data relating to criminal proceedings. The data that we process depends on the type of contract and which data you provide yourself.
3 Collection of data
a) Data categories
If you visit our website https://www.infrared.city, the following data will be collected to make your visit as user-friendly as possible and for us to be able to offer all available functions:
- i) IP address
- ii) Device used by you
- iii) Operating system of your device
- iv) Mobile carrier
- v) Browser version
- vi) Date and time of access
b) Cookies
We use “cookies” to improve the functionality of our website. Cookies are small text files that may be installed on your computer when you visit a website. Cookies are generally used to provide site visitors with additional functionality within the site. Cookies cannot access, read or modify any other data on your computer.
We use cookies that
- i) Are going to be deleted again when you close your browser (session cookies),
- ii) Remain stored on your end user device even after you close your browser (permanent cookies),
- iii) Originate from us (first party cookies) or from behind third parties (third party cookies).
Through our cookies, we process data on the following legal bases and for the following purposes:
- i) We use cookies, which are absolutely necessary for our website to function, on a legal basis.
- ii) We use all other cookies on the basis of your consent.
To withdraw your consent or to restrict it to certain cookies, you have inter alia the following options:
- i) Use the settings of your browser. Details can be found in the help function of your browser.
- ii) At https://www.youronlinechoices.com/at/praferenzmanagement you can have the system analyze which cookies are used by you and deactivate the individually or in their entirety. This is an offer from the European Interactive Digital advertising Alliance.
Withdrawing your consent does not affect the lawfulness of processing based on your consent before your withdrawal.
Please note that the functionality of our website may be impaired if you withdraw or restrict your consent.
c) Website analytics
i) Microsoft Clarity
We partner with Microsoft Clarity (“Microsoft”, One Microsoft Way, Redmond, WA 98052, USA) to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. Microsoft uses “cookies”, which are small text files placed on your computer, to help the website analyze how users use the site. We process your data through Microsoft Clarity based on our legitimate interest to generate cost-efficiently easy to use website access statistics (Article 6 para 1 lit f GDPR). This information generated by the cookie about your use of the website (including your IP address and the URLs of the access pages) will be transmitted and stored by Microsoft on servers in the United States, which is covered by an adequacy decision of the European Commission. We do not store any of your personal data collected by Microsoft. For detailed information about how Microsoft collects and uses your data, visit the Microsoft Privacy Notice: https://privacy.microsoft.com/privacystatement.
ii) Google Analytics
This website uses Google Analytics, a web analytics service provided by Google LLC, 1600 Amphitheatre Parkway, mountain View, CA 94043, USA (“Google”). Google Analytics uses cookies. We process your data based on our overriding legitimate interest to generate cost-efficiently easy to use website access statistics (Art. 6 para. 1 lit. f GDPR). The information generated by the cookie about your use of the website (including your IP address and the URLs of the accessed pages) will be transmitted to and stored by Google on servers in the United States. We do not store any of your personal data collected by Google Analytics.
We use an IP anonymization feature provided by Google Analytics. Your IP address will therefore be truncated/anonymized by Google as soon as it receives it. On our behalf, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to us. Google will not associate your IP address with any other data held by Google.
You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore, you can prevent Google’s collection and use your data by downloading and installing the browser plug-in available under: https://tools.google.com/dlpage/gaoptout?en-GB
Further information concerning Google’s terms of use and privacy statement can be found at https://www.google.com/analytics/terms/gb.html
d) Newsletter
We use Mailchimp from The Rocket Science Group, LLC, 675 Ponce de Leon Ave NE Suite 5000, Atlanta, GA 30308 USA (Mailchimp) to send our newsletter. This enables us to contact subscribers directly. In addition, we analyze your usage behaviour to optimize our offer.
We pass on the following personal data to Mailchimp for this purpose:
- i) Email address
- ii) First and last name
Mailchimp is the recipient of your personal data and acts as a processor for us as far as the distribution of our newsletter is concerned. The processing of the data specified in this section is neither legally nor contractually required. Without your consent and the transmission of your personal data, we cannot send you a newsletter. In addition, Mailchimp collects the following personal data using cookies and other tracking methods: Information about your end device (IP address, device information, operating system, browser ID, information about the application you use to read your emails and other information about hardware and internet connection. In addition, usage data such as date and time, when you opened the email / campaign and browser activities (e.g. which emails / websites were opened) are collected. Mailchimp requires this data to ensure the security and reliability of the systems, compliance with the terms of use and the prevention of misuse. This corresponds to Mailchimp’s legitimate interest (pursuant to Art. 6 para. 1 lit. f GDPR) and serves the performance of the contract (pursuant to Art. 6 para. 1 lit. b GDPR). Mailchimp also analyses performance data, such as email delivery statistics and other communication data. This information is used to compile usage and performance statistics for the services.
Mailchimp also collects information about you from other sources. In an unspecified period and scope, personal data is collected via social media and other third-party data providers. We have no influence on this process.
Further information on objection and removal options vis-à-vis Mailchimp can be found at: https://mailchimp.com/legal/privacy/#3._Privacy_for_Contacts
d) Waitlist
If you register for our waitlist, the following data will be collected to send you regular updates regarding the latest developments in our company:
- i) Email address
- ii) First and last name
- iii) Company name
4 Automated decision making (Art 22 GDPR)
There are no automated decision-making processes according to Art 22 GDPR.
5 Processing purposes and legal grounds for the processing of your data
Your personal data will only be collected, processed and used by us if a legal basis according to the GDPR is given.
a) Legitimate interest (Art 6 para 1 lit f GDPR)
If the processing of your personal data is necessary to protect a legitimate interest of our company or a third party, Art 6 para 1 lit f GDPR serves as the legal basis. In particular, our legitimate interest is to ensure the operation and maintenance of our website; to guarantee network and data security, as far as our legitimate interest is in accordance with the applicable law and with the rights and freedoms of our users; to enforce or defend legal claims.
b) Performance of a contract (Art 6 para 1 lit b GDPR)
The legal basis for data processing under a contract is Article 6 para 1 lit b GDPR. This also includes any processing under pre-contractual obligations, which may have emerged in the course of establishing contact to us.
c) Consent (Art 6 para 1 lit a GDPR)
The processing of the data that you provide us with when registering for our newsletter is based on your consent. The scope and the purposes of the processing are based on the underlying declaration of consent. You can revoke a given consent at any time with effect for the future by contacting us by email at [email protected] or via mail to the address Czerningasse 4/3/314, 1020 Wien, Austria and revoke your consent.
d) Legal obligations (Art 6 para 1 lit c GDPR)
If we are subject to a legal obligation requiring the processing of personal data, Art 6 para 1 lit c GDPR serves as the legal basis. An example is our obligation to retain books and records for seven years pursuant to § 132 BAO (Austrian Federal Fiscal Code).
6 Retention period
Your personal data will be stored for as long as necessary to fulfil our contractual and legal obligations, to ward off any liability claims and for the duration of your consent. We ensure that your personal data is treated in accordance with this Privacy Policy for the entire period.
7 Your rights as a data subject
As a data subject within the meaning of the GDPR, you have the below rights within the meaning of the GDPR, which you may exercise using the contact details stated in point 1.
- a) The right to information about your stored personal data, its origin and recipients and the purpose of the data processing;
- b) the right to rectify your data, transfer your data and, if applicable, to object to the processing, to restrict processing or to request the erasure of your data;
- c) the right of access to your personal data processed by us, the right to deletion, rectification, objection, restriction of processing and/or transfer of your personal data;
- d) the right to lodge a complaint with the responsible supervisory authority, if you are of the opinion that our processing of your personal data violates applicable data protection law or that your data protection rights have been violated in any other way. In Austria, the Austrian Data Protection Authority (www.dsb.gv.at; Barichgasse 40-42, 1030 Vienna, Austria) is competent for such complaints.
8 Transfer of your personal data
a) We only transfer your personal data to the extent necessary to the following external service providers (processors) who assist us in providing our services. All our processors process your data only on our behalf and on the basis of our instructions so that we can provide you with our services. They are the following service providers:
- i) IT service providers and/or providers of data hosting solutions or similar services; and
- ii) other service providers, tool providers and software solution providers who also assist us in the provision of our services and act on our behalf (including marketing tool providers, communication service providers).
b)In addition, we transfer your personal data to the following recipients (controllers) to the extent necessary:
- i) Legal representatives in cases of need as well as courts (our legitimate interests)
- ii) Auditors, authorities, courts and other public bodies to the extent required by law (e.g. financial or data protection authorities)
c) Personal data will only be transferred to recipients in third countries outside the EEA area if an adequacy decision has been issued by the European Commission for these countries, we have provided suitable guarantees for the protection of personal data by concluding a legally binding document or you have given your express consent pursuant to Art 49 para 1 lit a GDPR for individual cases.
d) We integrate payment services from third-party companies on our website. When you make a purchase from us, your payment details (e.g. name, payment amount, account details, credit card number) are processed by the payment service provider for the purpose of payment processing. The respective contractual and data protection provisions of the respective providers apply to these transactions. The payment service providers are used based on Art. 6 para. 1 lit. b GDPR (contract processing) and in the interest of a smooth, convenient, and secure payment process (Art. 6 para. 1 lit. f GDPR). Insofar as your consent is requested for certain actions, Art. 6 para. 1 lit. a GDPR is the legal basis for data processing; consent can be revoked at any time for the future. We use the following payment services / payment service providers on this website:
- i) Paypal: The provider of this payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”). Details can be found in PayPal’s privacy policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
- ii) Stripe: The provider for customers within the EU is Stripe Payments Europe, Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). You can find details on this in Stripe’s privacy policy at the following link: https://stripe.com/de/privacy.
9 Changes to this Privacy Policy
We reserve the right to adapt this Privacy Policy if necessary, for example due to new technical developments and legal changes, or to update it in connection with the offer of new services or products. The latest version is always available on our website.