Privacy policy

EsCulenta GmbH (hereinafter also referred to as "we") operates the websites notatum.app and esculenta.at (notatum.at, notatum.org, etc.) as well as other services, including foreign language websites and other software applications. The websites, mobile applications and other offers are hereinafter also collectively referred to as the services of EsCulenta GmbH or the offer. In the course of your use of our offers, in this case the Notatum App, we collect and use personal data from you in accordance with the following data protection provisions.

1. SUBJECT MATTER OF THE DATA PROTECTION PROVISIONS

This privacy policy describes how we treat your personal data when you use the Notatum offer. We collect and use your personal data in compliance with the data protection laws of the Republic of Austria. If EsCulenta GmbH provides you with access to offers, services or benefits of third parties via EsCulenta services and you use these, their respective data protection provisions apply. We are not aware of the data protection provisions of third parties and do not check them. We assume no liability for the data protection of these companies and recommend that you read their data protection policies. If you have questions about our offers and about Notatum or other areas, then take a look at our homepage esculenta.at.

2. RESPONSIBLE BODY

The responsible party in terms of the legal data protection regulations is EsCulenta GmbH, Schirka 10, 8403 Lang, Austria. If you have any questions about data protection, please contact us at the same postal address or by e-mail at datenschutz@esculenta.at

3. COLLECTION OF PERSONAL DATA

The legal basis for the processing of your personal data is your express consent given below within the meaning of Art. 6 para 1 lit a DSGVO, Art. 7 para 1 DSGVO, as well as Art 9 para 2 lit a DSGVO. We collect and store personal data from you to the following extent:

3.1 USE OF OUR WEBSITE WITHOUT REGISTRATION

You can visit our website and use individual offers of EsCulenta services without having to register as a member.

3.2 REGISTRATION

In order to use all functions of the Notatum app, you must register. For this we need a valid email address from you as well as username and password, and also first name and last name. Username and password are freely selectable. In particular, your username does not have to correspond to your real name or parts of it. Your first name, last name, e-mail address and password are not visible to third parties by default. You can change this setting in your user profile. Furthermore, we need your company address, as well as your company name and the name of the contact person. In addition, we collect and store your phone number.

3.3 CREATING YOUR PROFILE

Further personal data such as your address and other personal information can be entered in your profile on a purely voluntary basis. Addresses are not visible by default, optional and an uploaded profile picture are displayed. You have the possibility to view, change and delete your stored personal data in your profile and to change the display options at any time.

3.4 COMMENTS, RATINGS AND OTHER CONTRIBUTIONS

Your comments and ratings, together with your freely chosen username, are visible to registered members of the EsCulenta Services as well as to non-registered visitors of our website and, if applicable, to visitors of partner offers. Other people can therefore read your comments and ratings. If you do not want your real name to be associated with this content, you should therefore not associate your real name with your username. In addition, we store your posts in discussion forums on the EsCulenta Services with your username. These posts are also visible to non-registered users of Notatum.

3.5 USE OF THE APP

When you use the mobile app, we collect the personal data described below to enable you to use the functions conveniently. If you would like to use our mobile app, we collect the following data, which is technically necessary for us to offer you the functions of our mobile app and to ensure stability and security (legal basis is Art. 6 para. 1 p. 1 lit. f DS-GVO):

• IP address
• Date and time of the request
• Time zone difference from Greenwich Mean Time (GMT)
• Content of the request (concrete page)
• Access status/HTTP status code
• Data volume transferred in each case
• Website from which the request comes
• Browser
• Operating system and its interface
• Language and version of the browser software.

3.6. ACCESS TO PHOTOS AND LOCATION

• When you start using our mobile app, we ask you for permission to use your photos and location. If you do not give permission, we will not use this data. In this case, you may not be able to use all the features of our app. You can grant or revoke permission later in the app settings.
• If you allow access to this data, the mobile app will only access your data and transfer it to our server to the extent necessary to provide the functionality. Your data will be treated confidentially by us and deleted if you revoke the rights to use it or if it is no longer required to provide the services and there are no legal retention obligations. The legal basis for the processing is Art. 6 para. 1 p. 1 lit. DS-GVO.

3.7 INTEGRATION OF GOOGLE MAPS

• On this website we use the offer of Google Maps. This allows us to show you interactive maps directly on the website and enables the comfortable use of the map function.
• By visiting the website, Google receives the information that you have accessed the corresponding sub-page of our website. In addition, the data mentioned under § 3 of this statement are transmitted. This occurs regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in to Google, your data will be directly assigned to your account. If you do not wish to be associated with your Google profile, you must log out before activating the button. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right.
• For more information on the purpose and scope of data collection and processing by the plug-in provider, please refer to the provider's privacy policy. There you will also find further information about your rights in this regard and setting options for protecting your privacy: http://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

4. LOG DATA

Each time you access the Notatum website and the EsCulenta services, individual data relating to your interaction with our website and the EsCulenta services, such as the current IP address, the Internet browser used, the website previously visited ("referrer") and the access times, are automatically transmitted to us by your computer and stored by us in so-called log files. We use the aforementioned log data pseudonymously to create usage profiles for the purpose of needs-based advertising, market research and design of EsCulenta services. We do not combine the usage profiles created in this context with your personal data. If you do not agree with the above use of your data, you can object to this use for the future at any time. To do so, please send a written message with your objection, stating your user name and the e-mail address you have entered on your profile page under "Settings", to datenschutz@esculenta.at. We also store this log data for reasons of data security (i.e. to protect our systems and the data stored therein against access by unauthorized persons), for the detection and elimination of errors in our systems and for cases where, based on certain facts, there is a suspicion that the EsCulenta services are being used under a member account in violation of the law or the contract, e.g. for the commission of criminal offenses such as incitement of the people (§ 130 StGB) or the depiction of violence (§ 131 StGB).

5. COOKIES

In addition to the previously mentioned data, cookies are stored on your computer when you use our mobile app. Cookies are small text files that are stored in the device memory of your mobile device and assigned to the mobile app you are using. Cookies allow certain information to flow to the entity that sets the cookie (here: us). Cookies cannot execute programs or transmit viruses to your mobile device. They serve to make mobile apps more user-friendly and effective overall.

a) This mobile app uses the following types of cookies, the scope and functionality of which are explained below:

• Transient cookies (for this b)
• Persistent cookies (in addition c).

b) Transient cookies are automatically deleted when you close our mobile app. These include in particular the session cookies. These store a so-called session ID, which can be used to assign various requests to your mobile app. This allows your mobile device to be recognized when you use our mobile app again. The session cookies are deleted when you log out or close the app.

c) Persistent cookies are automatically deleted after a specified period of time, which may vary depending on the cookie. You can configure the settings of your mobile operating system and the app according to your preferences and, for example, refuse to accept third-party cookies or all cookies. Please note that you may not be able to use all features of our mobile app.

6. WEB ANALYSIS SERVICES

We use "Google Analytics", a web analytics service provided by Google Inc (hereinafter "Google") or similar web analytics services on EsCulenta websites. Google uses cookies, which are stored on your computer and which allow an analysis of your use of the websites for our purposes. The information generated by the cookies about your use of our websites, including your current, but shortened (see below) IP address, will be transmitted to and stored by Google on servers in the United States. Google uses this information to evaluate your use of our websites, to compile reports on the activities of the users of our websites and to provide other services associated with the use of the Internet. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. 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. As a precaution, we point out that in this case you may not be able to use all functions of the EsCulenta services to their full extent. You can object to the collection and use of your IP address by Google Analytics at any time with effect for the future. You can find more information on this at http://tools.google.com/dlpage/gaoptout?hl=de (Download Google Analytics browser deactivation add-on).

7. DURATION OF STORAGE

If you register on our website, we will store your data in any case as long as your account exists and thereafter only as long as legal obligations require.

Your rights in connection with personal data

You may, among other things (subject to the requirements of applicable law, as amended from time to time),

(1) to verify whether and what personal data we hold about you and to obtain copies of that data,

(2) request the rectification, integration or deletion of your personal data that is incorrect or not processed in accordance with the law

(3) require us to restrict the processing of your personal data

(4) object in certain circumstances to the processing of your personal data or revoke the consent previously given for the processing, which shall not affect the lawfulness of the data processing carried out on the basis of the consent given until then and until revocation

(5) Request data portability

(6) know the identity of third parties to whom your personal information is transferred

(7) file a complaint with the competent authority.

8. USE OF THE DATA

Use of Notatum services

We use your personal data to enable you to use the Notatum offer and to provide the services offered within the framework of the EsCulenta services, as well as to provide you with access to third party benefits and services.

9. NEWSLETTER

We send newsletters with offers and information. The newsletter is sent exclusively to those persons who have independently and actively agreed to receive it in your user profile, in an inquiry form, in a competition, etc.. With a registration no automatic sending of our newsletter takes place. You can revoke your consent to receive the newsletter at any time. The revocation of consent does not affect the legality of the data processing carried out on the basis of the consent until the revocation.

10. GUARANTEE OF DATA SECURITY

We may use your personal data, including the data stored in your profile and your IP address, for the purposes of data security and the prevention and prosecution of acts in connection with the use of the Notatum service that are suspected of being illegal or in breach of contract, in particular in the case of criminal offenses, such as incitement of the people (§ 130 StGB) or depiction of violence (§ 131 StGB), or in the case of a significant violation of our General Terms and Conditions.

11. PROTECTION OF YOUR MEMBER ACCOUNT

Your password is the key to your member account. Please use different numbers, letters and special characters and do not give your password to anyone. If you share your password with others, remember that you are responsible for all actions taken through your member account and may be held legally liable for them. Therefore, if your password is compromised for any reason, you should notify us immediately and change your password. Your password is stored by us in encrypted form according to the state of the art and thus cannot be viewed by us or by outsiders.

12. RIGHT TO INFORMATION

As a Notatum member, you have the right, in accordance with the applicable data protection laws, to receive information at any time about the type and scope of the data stored by you and about you with us. In your Notatum account, you will always receive an overview of which of your data is stored by us. If you do not have a Notatum account, send us a message by e-mail to datenschutz@esculenta.at and you will immediately receive information about where and what data we have stored about you.

13. DELETION OF DATA

You can request deletion of your account at any time by sending an email to datenschutz@esculenta.at request. We will then immediately delete your personal data, including your comments and your user name. Only such data that we still need to enforce any existing contractual or legal rights against you, e.g. in the event of legal disputes, or to which we are legally obligated to retain, may be exempt from deletion. These data will be blocked by us. If you have a Notatum account, you can delete your account at any time.

14. CHANGES TO THIS PRIVACY POLICY

We reserve the right to change this privacy policy at any time in accordance with applicable data protection regulations. We will notify you of such changes in advance by email. The amended Privacy Policy will become effective on the date specified in the amended Privacy Policy.

15. CONSENT TO THE COLLECTION AND USE OF DATA

Some of the uses of your personal data described above require your consent:

• I agree that Notatum stores and uses my personal data, including the data provided in my profile and my IP address, for the purpose of data security as well as the prevention and prosecution of actions in connection with the use of Notatum services that are suspected to be in violation of the law or the contract, in particular in the case of criminal offenses, such as incitement of the people (§ 130 StGB) or depiction of violence (§ 131 StGB), or in the case of a significant violation of the General Terms and Conditions of Notatum.
• I agree that EsCulenta GmbH informs me in newsletters via e-mail about new functionalities, offers and promotions at Notatum. I can unsubscribe from the newsletters at any time via the link provided in the respective newsletter or via my settings in my profile.
• I agree that Notatum may use the data provided in my profile to offer me personalized services and content.