PRIVACY POLICY

We are pleased that you are visiting our website! Data protection is a matter of trust and yours is important to us.

The protection of personal data is therefore a particularly important concern for us. We would therefore like to inform you about which of your personal data we collect when you visit our websites, for what purposes they are used and to whom we may make them available. We declare compliance with the legal provisions on data protection and data security. In particular, data is used exclusively for the purposes specified below, and measures are taken to ensure data security by not making data accessible to unauthorized persons. Clients, service providers and their employees are obliged to maintain secrecy about the data we have provided, unless there is a legally permissible reason for the transmission or disclosure of the data entrusted or made accessible. This data protection declaration applies to the website of the responsible person which is under the domain thegeneraiton.band/ as well as the various subdomains (hereinafter referred to as „our websites“) can be accessed. We reserve the right to adapt the data protection declaration with effect for the future, in particular in the event of further development of the website, the use of new technologies or changes in the legal basis or the corresponding case law. You can print out or save the data protection declaration by using the usual functionality of your browser. We recommend you include a printout of the privacy policy within your records.

CONTACT POSSIBILITIES FOR INQUIRIES ABOUT DATA PROTECTION

The Generation
Telephone: +436606572693
Email: office@thegeneration.band

GENERAL INFORMATION ON DATA PROCESSING

EXTENT OF PROCESSING OF PERSONAL DATA

Personal data is any information relating to an identified or identifiable natural person. In principle, we only collect and use personal data from our users to the extent that this is necessary to provide a functional website and to display and present our content and services. The collection and use of personal data of our users only takes place with the consent of the user. An exception applies in such cases in which it is not possible to obtain prior consent and the processing of the data is permitted by a statutory provision.

LEGAL BASIS FOR COLLECTION AND PROCESSING OF YOUR PERSONAL DATA

  • Insofar as we obtain the consent for the processing of personal data from a data subject, Article 6 (1) (a) GDPR serves as the legal basis for the processing of personal data.
  • Article 6(1)(b) GDPR serves as the legal basis for the processing of personal data required to fulfill a contract with a data subject. This also applies to processing operations that are necessary to carry out pre-contractual measures.
  • Insofar as the processing of personal data is necessary to fulfill a legal obligation to which the person responsible is subject, Art. 6 (1) (c) GDPR serves as the legal basis.
  • In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6 Paragraph 1 Letter d GDPR serves as the legal basis.
  • If the processing is necessary to safeguard a legitimate interest of the person responsible or of third parties and if the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh the first interest, Article 6 Paragraph 1 Letter f GDPR serves as the legal basis for the processing.

DATA DELETION AND STORAGE PERIOD

The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage no longer applies. Storage can also take place if this has been provided for by the European or national legislator in EU regulations, laws or other regulations to which the responsible person is subject. The data will also be deleted or blocked if a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.

PROVISION OF THE WEBSITE AND CREATION OF LOGFILES

When you access and use our website, we collect the personal data that your browser automatically transmits to our server. This information is temporarily stored in a so-called log file. When you use our website, we collect the following data that is technically necessary for us to display our website to you and to ensure stability and security:

  • Information about the browser type and version used
  • The operating system of the user
  • The internet service provider of the user
  • The IP address of the user
  • Date and time of access
  • Websites from which the user’s system accesses our website
  • Websites accessed by the user’s system via our website

The data is also stored in the log files of our system. This does not affect the IP addresses of the user or other data that enable the data to be assigned to a user. A storage of this data together with other personal data of the user does not take place.

LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA

Article 6 (1) (f) GDPR serves as the legal basis for the data processing mentioned. The processing of the data mentioned is necessary for the provision of a website and thus serves to protect a legitimate interest of our company.

STORAGE DURATION

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the computer of the user. For this purpose, the IP address of the user must remain stored for the duration of the session.

USE OF COOKIES

Our website uses cookies. Cookies are small text files that are stored locally in the cache of the browser used. If a user calls up our website, a cookie can be stored on the operating system of the user. This cookie contains a characteristic character string that enables the browser to be clearly identified when the website is called up again. Cookies are not part of the PC system, cannot run programs and do not contain viruses.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change. The use of cookies may be necessary for technical or other purposes. Various cookies are used on our websites, the type and function of which differ.

SESSION COOKIES AND PERSISTENT COOKIES

A session cookie is a form of cookie that is deleted as soon as the user closes the browser after their current session (= session).

Persistent cookies are stored on the user’s device in order to be able to provide a user’s login information, settings or preferences the next time he visits the website. They serve to enable more convenient and faster use of the website. This storage of these cookies is limited to a certain period of time, after which they are automatically deleted. Please note that the storage period may vary depending on the cookie. You can also delete these cookies from your system prematurely by using the usual functionality of your browser.

TECHNICALLY NECESSARY COOKIES

We use technically necessary cookies on our website. These serve to ensure the functionality of the website by enabling basic functions such as page navigation and access to the website. The usage data collected by technically necessary cookies are not processed to create usage profiles. We use so-called „session cookies“, which store a session ID with which various requests from your browser can be assigned to the joint session. Some elements of our website require that the calling browser can be identified even after a page change. Our website cannot function properly without these cookies. The legal basis for this processing is Article 6 (1) (f) GDPR. We use session cookies to make the website more attractive and effective to use. The session cookies are deleted as soon as you log out or close the browser.

NON-TECHNICALLY NECESSARY COOKIES

These cookies are used to make the website more efficient and attractive to use. These are not necessary to be able to use the basic functions of our website. The legal basis for this processing is your consent according to Article 6 (1) (a) GDPR. The technically unnecessary cookies are automatically deleted after a specified period, which may differ depending on the cookie.

PREFERENCE COOKIES

Functional cookies store information such as the login name, language selection or fonts and offer improved and personalized functions for users of the website. All stored information is anonymized. Individual cookies can be deactivated or activated by the user at any time in the cookie settings.

STATISTICS COOKIES

Statistics cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously.

MARKETING COOKIES

Third-party advertising cookies make it possible to show you various offers that match your interests. These cookies can be used to record the web activities of users over a longer period of time. These cookies may recognize you on different end devices that you use.

STORAGE DURATION

As soon as the data transmitted to us via the cookies is no longer required to achieve the purposes described above, this information will be deleted, especially if the cookies are deactivated. Further storage can take place in individual cases if this is required by law.

LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA

The legal basis for the processing of so-called technically necessary cookies is our legitimate interest in the processing of personal data in accordance with Article 6 (1) (f) GDPR. For technically unnecessary cookies or so-called third-party cookies, we need your consent. If you have given us your consent to the use of cookies on the basis of a notice (“cookie banner”) provided by us on the website, the lawfulness of the use is also based on Article 6 (1) (a) GDPR. You can revoke this consent at any time by deactivating the cookies in your browser settings for the future.

CONFIGURATION OF BROWSER SETTINGS

You can manage the cookie settings using the configuration options for your browser settings listed below. Most browsers are preset to automatically accept cookies. By changing the settings in your Internet browser, you can completely deactivate or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. However, we would like to point out that you may no longer be able to use all the functions of our website to their full extent if cookies are deactivated through your browser settings on our website. You can also use your browser settings to delete cookies already stored in your browser or display the storage period. It is also possible to set your browser so that you receive a notification before cookies are saved. The various browsers differ in their respective functions, so we ask you to use the respective help menu of your browser for the configuration options.

COOKIE-LISTE

ESSENTIAL

Essential cookies enable basic functions and are necessary for the proper function of the website

BORLABS COOKIE

NAME Borlabs Cookie
PROVIDER Owner of this website Imprint
PURPOSE Saves the visitors preferences selected in the cookie box of borlabs cookie
COOKIE NAME borlabs cookie
COOKIE EXPIRY 1 year

EXTERNAL MEDIA

Content from video platforms and social media platforms is blocked by default. If External Media cookies are accepted, access to those contents no longer requires manual consent.

YOUTUBE

NAME YouTube
PROVIDER Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland
PURPOSE Used to unblock YouTube content.
PRIVACY POLICY https://policies.google.com/privacy?hl=en&gl=en
HOST(S) google.com
COOKIE NAME NID
COOKIE EXPIRY 6 months

E-MAIL CONTACT

PURPOSE OF DATA PROCESSING

The purpose of data processing is to provide the option of contacting us by email.

LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA

The legal basis for processing the data is Article 6(1)(a) GDPR if the user has given their consent.

The legal basis for the processing of data transmitted while sending an email is Article 6 Paragraph 1 Letter f GDPR.

If the e-mail contact is aimed at concluding a contract, the relevant legal basis for processing is Article 6 (1) (b) GDPR.

WEBSHOP

The Generation uses a web shop solution for the sale of items on the homepage, which is provided by Shopify as the web shop operating party.

https://thegeneration-shop.myshopify.com/

SCOPE OF PROCESSING OF PERSONAL DATA

We process the data of our customers to enable the purchase and provision of our products and goods as well as the associated services (payment and delivery). If necessary for the execution and processing of an order, we use external service providers (in particular postal, forwarding and shipping companies). We use the services of banks and payment service providers to process payment transactions. For the purpose of simplifying the shopping process and for subsequent contract processing, the party operating the web shop can use cookies to store the IP data of the party owning the connection, as well as the name, address and credit card number of the person making the purchase. The data you provide is required to fulfill the contract or to carry out pre-contractual measures, without this data no legally binding contract can be concluded. Data is not transmitted to third parties, with the exception of the transmission of credit card data to the processing bank / payment service provider for the purpose of debiting the purchase price, to the commissioned transport company / shipping company to deliver the goods and, if necessary, to tax consultants to fulfill tax obligations. If the shopping process is aborted, the data stored by us will be deleted.

STORAGE DURATION

If a contract is concluded, all data from the contractual relationship will be stored until the end of the tax retention period (7 years). The data “name”, “address”, “goods purchased” and “date of purchase” are also stored until the end of product liability (10 years).

LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA

The data is processed based on the legal provisions of Art. 6 Para. 1 lit b (necessary for the fulfillment of the contract) of the GDPR.

USE OF PLUGINS

Our websites contain plugins from social networks. Please note that The Generation has no influence on whether and to what extent the respective service providers collect personal data. The scope, purpose and storage periods of the respective data collection are not known to us. However, we would like to point out that it must be assumed that at least the IP address and device-related information are used and recorded via plugins. It is also possible that the respective service providers use cookies.
When using the plugins, personal data can be transmitted to countries outside the EU/EEA, in particular to the USA. The USA is rated by the European Court of Justice as a country with an insufficient level of data protection according to EU standards. Due to the lack of an adequacy decision and suitable guarantees, there is a particular risk that your data will be processed by US authorities for control and monitoring purposes, possibly without the possibility of appeal. In this respect, we would like to point out that there are currently no suitable guarantees for data transmission to the USA.
The scope and purpose of the data collection by the respective service as well as the further processing and use of your data there can be found in the data protection notices directly on the website of the respective service. There you will also receive further information about your corresponding rights and suitable setting options for protecting your privacy. The plugins used are listed below.

The legal basis for the integration of plugins and the processing of personal data is your consent in accordance with Article 6 Paragraph 1 Letter a GDPR. You can revoke your consent at any time. The revocation of your consent does not affect the lawfulness of the processing up to the time of revocation.

USE OF YOUTUBE PLUGINS

On our website we use plugins from the video platform YouTube.com, a service operated by YouTube LLC (main place of business at 901 Cherry Avenue, San Bruno, CA 94066, USA; hereinafter referred to as “YouTube”) – represented by Google.

Using the plugins, we can also embed visual content („videos“) that we have published on Youtube.com on this website. To increase the protection of your data when you visit our website, plugins from the offering party YouTube are initially integrated into the website using a so-called „2-click solution“. This integration ensures that when you call up a page on our website that contains such plugins, no connection is established with the servers of the offering party. Videos from the YouTube platform are initially only included as graphics. Only when you activate the plugin (by clicking) and thus give your consent to data transmission does your browser establish a direct connection to the servers of the offering party. The content of the plugin is then transmitted directly to your browser by the offering party and integrated into the page. Access data is also transmitted. This occurs regardless of whether YouTube provides a user account through which you are logged in, or whether there is no user account. If you are logged in to Google, your data will be assigned directly to your personal user account. If you do not wish to be associated with your profile on YouTube, you must log out before activating the button. YouTube saves your data as usage profiles and processes them for the purposes of advertising, market research and the needs-based design of its website. Such an evaluation is carried out (also for users who are not logged in) to provide needs-based advertising.

Further information on handling usage data can be found in YouTube’s data protection declaration: https://policies.google.com/privacy?hl=de&gl=de.

RIGHTS OF THE DATA SUBJECT

If personal data is processed by you, you are a data subject within the meaning of the GDPR and you are entitled to the rights listed below vis-à-vis the person responsible.

RIGHT TO INFORMATION

You can request confirmation from the person responsible as to whether personal data relating to you is being processed by us. If such processing is present, you can request information from the person responsible for the following information:

  1. the purposes for which the personal data are processed
  2. the categories of personal data that are processed
  3. the receiving parties or categories of receiving parties to whom your personal data has been or will be disclosed
  4. the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage duration
  5. the existence of a right to correction or deletion of personal data concerning you, a right to restriction of processing by the person responsible or a right to object to this processing
  6. the existence of a right of appeal to a supervisory authority
  7. all available information about the origin of the data if the personal data are not collected from the data subject
  8. the existence of automated decision-making including profiling in accordance with Art. 22 (1) and (4) GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject
  9. You have the right to request information as to whether your personal data is being transmitted to a third country or to an international organization. In this context, you can request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transmission.

RIGHT TO RECTIFICATION

You have a right to correction and/or completion to the person responsible if the processed personal data concerning you is incorrect or incomplete. The responsible person must make the correction immediately.

RIGHT TO RESTRICTION OF PROCESSING

Under the following conditions, you can request the restriction of the processing of your personal data:

  1. if you contest the accuracy of the personal data concerning you for a period that enables the responsible person to verify the accuracy of the personal data
  2. the processing is unlawful, and you refuse to delete the personal data and instead request that the use of the personal data be restricted
  3. the person responsible no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims
  4. if you have lodged an objection to the processing pursuant to Art. 21 (1) GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons

If the processing of personal data concerning you has been restricted, this data – apart from its storage – may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State are processed.

If the restriction of processing has been restricted according to the above conditions, you will be informed by the person responsible before the restriction is lifted.

RIGHT TO DELETION

OBLIGATION TO DELETE

You can request the person responsible to delete the personal data concerning you immediately, and the person responsible is obliged to delete this data immediately if one of the following reasons applies:

  1. The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
  2. You revoke your consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) GDPR and there is no other legal basis for the processing.
  3. You object to the processing in accordance with Article 21 (1) GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing in accordance with Article 21 (2) GDPR.
  4. The personal data concerning you have been unlawfully processed.
  5. The deletion of personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the person responsible is subject.
  6. The personal data concerning you was collected in relation to information society services offered in accordance with Art. 8 (1) GDPR.

INFORMATION TO THIRD PARTIES

If the person responsible has made the personal data relating to you public and is obliged to delete it in accordance with Article 17 (1) GDPR, they shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, in order to ensure that the data is processed To inform those responsible who process the personal data that you, as the data subject, have requested them to delete all links to this personal data or copies or replications of this personal data.

EXCEPTIONS

The right to erasure does not exist if processing is necessary:

  1. to exercise the right to freedom of expression and information
  2. to fulfill a legal obligation that requires processing under Union or Member State law to which the responsible person is subject, or to perform a task that is in the public interest or in the exercise of official authority, that of the responsible person was transferred
  3. for reasons of public interest in the field of public health in accordance with Art. 9 (2) lit. h and i and Art. 9 (3) GDPR
  4. for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 Para
  5. to assert, exercise or defend legal claims

RIGHT TO INFORMATION

If you have asserted the right to rectification, erasure, or restriction of processing vis-à-vis the person responsible, the person responsible is obliged to notify all receiving parties to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless because this proves to be impossible or involves a disproportionate effort. You have the right vis-à-vis the responsible person to be informed of these receiving parties.

RIGHT TO DATA PORTABILITY

You have the right to receive the personal data concerning you that you have provided to the responsible person in a structured, common and machine-readable format. In addition, you have the right to transmit this data to another responsible person without hindrance from the responsible person to whom the personal data was provided, provided that the processing is based on consent pursuant to Article 6 (1) (a) GDPR or Article 9 Paragraph 2 lit. a GDPR or on a contract in accordance with Article 6 Paragraph 1 lit. b GDPR and the processing is carried out using automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one responsible person to another responsible person, insofar as this is technically feasible. The freedoms and rights of other people must not be impaired by this. The right to data portability does not apply to processing of personal data that is required to perform a task that is in the public interest or in the exercise of official authority that has been assigned to the responsible person.

RIGHT TO OBJECT TO PROCESSING

You have the right, for reasons arising from your situation to object at any time to the processing of your personal data, which is based on Article 6 Paragraph 1 lit. e or f GDPR, this also applies to profiling based on these provisions.

The person responsible will no longer process the personal data relating to you unless they can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you is processed in order to operate direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising, this also applies to profiling insofar as it is connected with such direct advertising.

If you object to the processing for direct marketing purposes, the personal data relating to you will no longer be processed for these purposes.

RIGHT TO WITHDRAW DATA PROTECTION CONSENT

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the legality of the processing carried out based on the consent up to the point of revocation.

AUTOMATED DECISIONS IN INDIVIDUAL CASE INCLUDING PROFILIN

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:

  1. is necessary for the conclusion or performance of a contract between you and the person responsible
  2. is permissible on the basis of Union or Member State legislation to which the person responsible is subject and this legislation contains appropriate measures to protect your rights and freedoms and your legitimate interests, or
  3. with your express consent

However, these decisions must not be based on special categories of personal data pursuant to Article 9 Paragraph 1 GDPR unless Article 9 Paragraph 2 lit. a or g applies, and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the responsible person shall take appropriate measures to protect the rights and freedoms and your legitimate interests, including at least the right to obtain human intervention on the part of the responsible person, to present his or her own position and to challenge the decision.

RIGHT TO COMPLAIN WITH A REGULATORY AUTHORITY

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, your place of work or the place of the alleged infringement, if you believe that the processing of your personal data is contrary to violates the GDPR. The supervisory authority to which the complaint was lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR. If you believe that the processing of your data violates data protection law or your data protection rights have otherwise been violated in any way, you can complain to the responsible supervisory authority.

In Austria at the ´Datenschutzbehörde´.

Barichgasse 40-42, 1030 Vienna, telephone: +43 1 52 152-0, email: dsb@dsb.gv.at, homepage: https://www.dsb.gv.at /

HYPERLINKS TO THIRD-PARTY WEBSITES

On our websites we use so-called hyperlinks to the websites of other providers. When you activate these hyperlinks, you will be forwarded from one of our websites directly to the website(s) of other providers. You can see this among other things. at the change of URL. We cannot assume any responsibility for the confidential handling of your data on third-party websites, as we have no influence on these companies complying with data protection regulations. Please refer to these websites directly for information on how these companies handle your personal data.

DATA SECURITY

We are committed to protecting your privacy and treating your personal information confidentially. In order to avoid manipulation, loss or misuse of your data stored by us, we take extensive technical and organizational security precautions, which are regularly checked and adapted to technological progress.

However, we would like to point out that due to the structure of the Internet, it is possible that the rules of data protection and the above-mentioned Safety measures are not observed by other persons or institutions that are not within our area of ​​responsibility. In particular, unencrypted data – e.g. B. if this is done by e-mail – read by third parties. We have no technical influence on this. It is the responsibility of the user to protect the data they have provided against misuse by encryption or in some other way.

Due to the further development of our apps, services, and websites as well as the content and services we offer, it may become necessary to change this data protection declaration. The Generation reserves the right to change the data protection declaration at any time with effect for the future. The current version is available at thegeneration.band/imprint. We encourage you to review the current Privacy Policy from time to time.

Date: 22/02/2023