General information about this data processing
The following data protection declaration informs you which data we process about (i) persons or companies with whom we make contact, maintain contact and/or conclude a product contract with us, as well as from (ii) e.g. shareholders, executive bodies, managing directors, or other employees of the contractual or business partners within the scope of existing or emerging contractual and business relationships.
The provision of the data in this data processing is neither legally nor contractually required.
Categories of data processed and categories of data subjects
In this data processing, we process data of contractual or business partners, as well as of contact persons of you (these can be, for example, shareholders, executive bodies, managing directors or employees).
We process the personal data that we receive or collect from you or your contact person in the course of contacting you, maintaining contact, initiating a business relationship or establishing a business relationship.
In addition, we process personal data that we may have lawfully received from credit agencies or financial services institutions in the course of checking your creditworthiness or integrity, as well as from publicly available sources (e.g. websites, company register, commercial register, land register, annual reports, media) or other third parties.
The following data will be processed:
Company name, address, company register number, tax number, UID number, industry, title, gender, first name, last name, address, e-mail address, telephone number, as well as, if applicable, function/position and date of birth, type of interest or information about your request, payment modalities, bank details, invoice data, contract or customer number, if applicable, contract or order data (e.g., contract duration, sales data, volume), ticket data (ticket number, data on the ticket issuer, data on the content of the ticket), data on issued charging cards (RFID card number, UID, assignment date of the customer, price plan of the respective charging card), documentation data (e.g. notes of conversations, minutes/resolutions of meetings, correspondence such as e-mail traffic), charging data (location, charging station name, CPO of the charging station, start time, duration, amount of energy drawn, cost of charging), login data for SaaS products (e-mail address, password), creditworthiness and integrity data, advertising data, if applicable, as well as other data voluntarily provided or collected within the scope of establishing or maintaining contact and/or (contractual) relationship and data to fulfill legal requirements.
If communication or collaboration takes place online via audiovisual meeting or conference systems and/or other collaboration tools, the following data in particular is also processed about participating persons: Interaction data (start, end, releases, availability status), technical data (IP address, browser, operating system, hardware, LAN or WLAN), technical parameters for video and audio, (chat) messages, shared files, documents and screen contents, recordings of the audio and video meetings (if you have given your voluntary consent for this).
Purposes and legal basis of data processing
We process your personal data for the following purposes and based on the following legal grounds:
Art 6 (1) point b GDPR
The processing of your data is necessary for the performance of a product contract concluded with you or for the implementation of pre-contractual measures. The purposes of the data processing depend on the specific request/inquiry or the contract concluded with you and primarily include the following
- Completion of your request/inquiry,
- Initiation of the product contract,
- processing and administration of the product contract and/or
- execution of the contract.
The data provided by you is necessary for the fulfillment of the contract or for the implementation of pre-contractual measures. Without this data, we cannot conclude the product contract with you or process your request/inquiry.
Art 6 (1) point a GDPR
If you have given us voluntary consent to process your personal data, processing will only take place for the purposes and to the extent specified in the declaration of consent.
You can revoke your consent at any time either by clicking on the revocation button, if available, or by sending an email to info@smatrics.com. Please note, however, that the revocation of consent does not affect the lawfulness of the processing until the revocation.
Art 6 (1) point f GDPR
The processing is justified to protect the legitimate interests of us or a third party. This is the case in particular for the following purposes:
- Creditworthiness or integrity check prior to the conclusion of a product contract as well as during an ongoing contractual relationship, in order to obtain and analyze information about your creditworthiness and integrity in special cases (e.g. outstanding invoices, insolvency proceedings, avoidance of payment defaults; compliance with regulations in terms of compliance ),
- data management, including all related activities, in particular for the purpose of contacting and communicating with them
- provision and use of audio-visual conferencing systems and/or other communication and/or collaboration tools,
- customer satisfaction analysis and stakeholder management, and/or
- Direct marketing to provide you with information about products and services from us. You may object to the data processing of direct marketing pursuant to Art 21 GDPR.
Art 6 (1) point c GDPR
The processing of personal data may be necessary for the purpose of fulfilling various legal obligations. In particular, personal data are processed for the fulfillment of the following legal obligations:
- Preparation of the annual financial statement,
- ongoing tax and fiscal obligations,
- audits by the Court of Audit,
- requirements under company law and/or
- requirements in terms of occupational safety and other legal provisions (such as those relating to epidemics/pandemics).
Duration of data processing
The data will be processed for as long as it is required for the respective purpose and will be deleted thereafter, unless the data is required beyond that in the context of statutory retention obligations (e.g. those pursuant to § 212 Austrian Federal Law on Special Civil Law Provisions for Companies– in german: “Unternehmensgesetzbuch” - or §§ 124 ff Federal Law on General Provisions and the Procedure for Levies Administered by the Federal, State and Municipal Tax Author – In german: “Bundesabgabenordnung” - or other statutory requirements), or as long as claims can still be asserted from the (contractual) relationship or it is justified to protect our legitimate interests. If the data processing is based on your voluntary consent, we will store your personal data at most until you revoke it. Please note, however, that the revocation of consent does not affect the lawfulness of the processing until the revocation.
Processors
Your personal data will be shared with the following contracted data processors:
- SugarCRM Inc, 10050 N Wolfe Road, SW2-130 Cupertino, CA 95014, as CRM service provider,
- Amazon Web Services EMEA SARL, Austrian Branch, Wiedner Gürtel 13/Turm 24/17. OG, 1100 Vienna as IT infrastructure service provider
- VERBUND Services GmbH, Am Hof 6A, 1010 Vienna as IT infrastructure service provider and
- 24/7 GmbH, Vogelweiderstraße 63, 5020 Salzburg as service provider for the user hotline.
Other Recipients
In addition, we will only disclose your personal data to third parties if this is necessary to fulfill (pre)contractual or legal obligations, is justified to protect our legitimate interests, or is permissible within the scope of a granted consent.
In particular, your data will be passed on to the following recipients:
- (Group) companies within the scope of (pre-contractual) contract performance, legitimate interest or in accordance with consent granted,
- within the framework of the contractual relationship and in particular in connection with our service obligation,- depending on the individual case - to e.g. lawyers, notaries, insolvency administrators, collection agencies, experts, tax consultants, auditors, interest groups, credit institutions, financial service providers, postal, messenger services and logistics partners, contractual and cooperation partners for services that are linked to your product contract,
- commissioned service providers for order processing (e.g. service providers for payment processing, scan and print service providers, IT services) and/or
- Courts, authorities and public bodies.
