Legal Notice

IMPRINT:
Published pursuant to Section 5 E-Commerce Act, Section 14 Austrian Commercial Code, Section 25 Media Act, and Section 63 Business and Trade Code.

Company: Wictory.ai FlexCo
Address: Margaretenstrasse 22/12, 1040 Vienna, Austria
Business Register: FN 637570 d, Commercial Court of Vienna
VAT-No.: ATU81219227
Website: www.wictory.ai
Phone: +43 1 997 43 54
Email: info@wictory.com

Managing director: Robert Nachbargauer (CEO)

Privacy notice

Please find our privacy information for our Facebook Fan Page here >>

1. General

Your data is safe with us! We at Wictory.com GmbH are obligated to protect your data, and we take this responsibility very seriously. Please take the time to carefully read our data privacy statement, which explains why we collect your data and how we process them when you visit our website, subscribe to our newsletter or express an interest in our services (see, in particular, Section 3.1 below), when you are our customer (see, in particular, Section 3.2 below) or our supplier or business partner (see, in particular, Section 3.3 below), or when you apply for a position with us (see, in particular, Section 3.4 below).

2. What is personal data?

Personal data are information relating to a person whose identity is or can be identified (e.g., name, contact information, invoice data, IP address).

3. How do we process your personal data?

We process your data in different ways depending on whether you visit our website, subscribe to our newsletter or express an interest in our services, or whether you are our customer or our supplier or business partner or job applicant:

3.1 Processing of data relating to visitors of our website, subscribers of our newsletter, and potential customer

We process your personal data either

• to safeguard our legitimate interests (Art. 6 para. 1 letter f GDPR), i.e., to ensure the operation, the security, and the optimized performance of our website, or
• because you have subscribed to our newsletter (Art. 6 para. 1 letter a GDPR), or
• in order to process inquiries that you have submitted to us via the contact form on our website, by email, or by phone (Art. 6 para. 1 letter a GDPR).

You consent to this processing of your data when you subscribe to our newsletter or when you send or submit an inquiry to us.

To improve the information we provide, we collect, store, and evaluate the following data when you visit our website: browser type, operating system, country, date, time and duration of access, IP address, and pages visited, including entry and exit pages. The web server is located in Austria. The data is not used to personally identify visitors of this website.

“Cookies” are used to recognise returning visitors and to store temporary data relating to the website visitor. We only use session cookies for webpage analysis, which means that all data is automatically erased after a certain period of time has elapsed after leaving the website. We do not use advertising cookies.

If you subscribe to our newsletter via our website, we process your name, your email address, the time of the subscription, and your IP address. In addition, we store information on which newsletters we have sent you, whether and when you have opened or blocked these or marked them as spam, whether their delivery has temporarily or permanently failed, whether you subscribe or unsubscribe from the newsletter, and how many links you click within the newsletters. The processing of these data is covered by the consent that is granted when subscribing to our newsletter. If you do not wish to provide this information, please do not subscribe to our newsletter.

To achieve the objectives described above, it may be necessary to disclose your data to the following recipients in certain cases. Data may be disclosed by being transferred, disseminated, or provided by other means.

3.2 Processing of data relating to customer:

We process your personal data either

• to take steps prior to entering into a contract or to fulfill our contractual obligations (Art. 6 para. 1 letter b GDPR) within the scope of our product and service value proposition,
• on the basis of your explicit consent (Art. 6 para. 1 letter a GDPR), when you consent to being named as a reference by us, and
• to fulfill our legal and professional obligations (Art. 6 para. 1 letter c GDPR).

Your data is processed, first and foremost, for the purpose of performing and providing our product application and services towards our customer and to acquire new customers. If you do not wish to provide us with your data, we cannot enter into a customer relationship with you. You may withdraw your consent to being named as a reference at any time (see Section 5. below)

We will use your contact information to send you our newsletter via email as well as to send information on our services and invitations to events hosted by our company either by post or email (Art. 6 para. 1 letter f GDPR). You have the right, at all times, to object to the processing of your data for the purpose of direct marketing, without being required to state your reasons, and can do so by sending us a letter or emailing us at privacy@wictory.com. As long as you do not object, we will process your data for this purpose for a period of up to three years after our contract has ended. The processing of your personal data for the purpose of direct marketing is not required in order to conduct our contractual relationship.

We will only process your data for other forms of direct marketing if you have explicitly consented to this processing of your data (Art. 6 para. 1 letter a GDPR). If you have consented to the processing of your data, you can withdraw your consent without stating your reasons by sending us a letter or emailing us at privacy@wictory.com. Such a withdrawal of consent does not affect the lawfulness of the data processing that preceded it.

To achieve these desired objectives, it may be necessary to disclose your data to the following recipients in certain cases. Data may be disclosed by being transferred, disseminated, or provided by other means.

3.3 Processing of data relating to suppliers and business partners

We process your personal data either

• to take steps prior to entering into a contract or to fulfill our contractual obligations (Art. 6 para. 1 letter b GDPR);
• or to fulfill our legal obligations (Art. 6 para. 1 letter c GDPR).

Your data are processed, first and foremost, for the purpose of concluding, maintaining, and completing our contracts regarding goods and services.

To achieve these desired objectives, it may be necessary to disclose your data to the following recipients in certain cases. Data may be disclosed by being transferred, disseminated, or provided by other means. If you do not provide us with your data, we cannot enter into a business relationship with you.

3.4 Processing of data relating to applicants:

We process your personal data either

• to take steps prior to entering into a contract (conclusion of an employment agreement, Art. 6 para. 1 letter b GDPR),
• on the basis of your explicit consent (Art. 6 para. 1 letter a GDPR) if we would like to keep your application on file for future consideration,
• and to fulfill our legal obligations (registering you as an employee in the social security system, Art. 6 para. 1 letter c GDPR).

Your data are processed for the purpose of completing the application process and registering you in the social security system when we hire you. If you do not provide us with your data, we cannot process your application.

To achieve these desired objectives, it may be necessary to disclose your data to the following recipients in certain cases. Data may be disclosed by being transferred, disseminated, or provided by other means.

3.5 Processing of data for the establishment, exercise or defense of legal claims, conduct of proceedings before authorities (including courts)

We also process your data for the purpose of asserting, exercising or defending legal claims and for the handling of proceedings before authorities (including courts) to protect our legitimate interest (Art 6 para 1 lit f GDPR). Our legitimate interest lies in the enforcement of existing and defense against non-existent claims and in the handling of official (including court) proceedings to protect our legal position.

We process all categories of data required for the assertion, exercise or defense of legal claims and for the handling of proceedings before authorities (including courts). This potentially includes all categories of data that we already process from you for other purposes as well as data that we do not collect from you.

3.6 Collection of personal data from sources other than the data subject himself (Art 14 GDPR)

If we process your personal data according to 3.2, 3.3 or 3.4 we usually collect data from you and it is usually you who provides us with this data. Nevertheless, in individual cases, we may also obtain data from other sources. These other sources are publicly available, such as information we obtain from the Internet or, in individual cases, from credit agencies. The information we obtain from third sources about you which is stored in our systems is limited to contact information (e-mail address and telephone number, postal address), your function in the company, your professional career, and your assignment to or responsibility for a particular company (usually your employer, any affiliated company or for another reason with this related company), if you have not disclosed that information to us as part of the communication. If you are an applicant, we can also process information about your school history, professional and academic career as well as about works written by you, from publicly available sources. However, we usually ask you directly if you can provide us with this information if we could not find it in your application documents. This processing is based on our legitimate interest in a complete set of personal data required for professional communication, our business relationships and the application process, depending on the relationship we have with you (Art. 6 (1) (f) GDPR).

4. How long will your data be stored?

We will only store your data for as long as it is required for the purposes for which we collected it:

• For reasons of company law (Section 212 of the Austrian Commercial Code (UGB)), we keep our accounting records and other documents that we are required to keep due to the retention period stipulated in Section 212 UGB for seven years (for the start of the retention period, see Section 212 (2) UGB). We therefore process your data from these documents in accordance with Section 212 UGB for a period of seven years.
• For tax law reasons (Section 132 of the Federal Fiscal Code, hereinafter: BAO), we retain documents from our contractual relationship for a period of seven years from the end of the year in which the business transaction relating to the document occurred. We therefore process your data from our receipts until the end of seven years from the end of the year in which the business transaction relating to the receipt took place.
• Your data will be stored on our newsletter mailing list until you unsubscribe from the newsletter.
• The data of applicants who are not hired will be erased seven months after the closure of the application procedure. We request the applicant’s consent to their data being kept on file for future consideration. Our internal data protection information for employees applies to applicants who are hired and can be requested during the application process.
• We also process data required for the assertion, exercise or defense of legal claims for this purpose for up to 30 years after termination of the business relationship.
• In the event of the assertion of data subject rights under the GDPR (see point 5 for details), we store the associated data for three years from the last contact in connection with the assertion of a data subject right.
• In the event of official or judicial proceedings, we store your data for the duration of these proceedings and, depending on the subject matter and outcome of the proceedings, for up to a further 30 years from the legally binding conclusion of the proceedings.

5. What are your rights with respect to data processing?

We would furthermore like to inform you that you have the right, at all times, to request information concerning which of your data is processed by us (see Art. 15 of the GDPR for details), the right to have your data corrected or erased (see Art. 16 of the GDPR for details), the right to restrict the processing of your data (see Art. 18 of the GDPR for details), the right to object to the processing of your data (see Art. 21 of the GDPR for details), and the right to data portability (see Art. 20 of the GDPR for details).

If we process your data on the basis of your consent, you have the right to withdraw your consent at any time by sending a request via email to privacy@wictory.comor via mail to Wictory.com GmbH, Margaretenstrasse 22/12, 1040 Vienna, Austria, Your withdrawal of consent will not affect the lawfulness of the data processing that was conducted prior to the withdrawal (Art. 7 para. 3 GDPR).

If, contrary to expectations and despite our obligation to process your data lawfully, your right to the lawful processing of your data is violated, please inform us of your concerns by post or email (see contact information below) so that we can resolve the issue. You also have the right, however, to file a complaint with the Austrian Data Protection Authority or with another data protection supervisory authority in the EU, particularly in the country in which you reside or work.

If you have additional questions regarding the processing of your data, please feel free to contact us directly, either by email at privacy@wictory.com or via mail at Wictory.com GmbH, Margaretenstrasse 22/12, 1040 Vienna, Austria.

6. Our contact information

Wictory.com GmbH,

Margaretenstrasse 22/12,

1040 Vienna,

Austria,

Email: privacy@wictory.com

VAT ID ATU 70136612
Registration Number.: FN 442558x, Commercial Court Vienna

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Privacy information – Facebook fan page

Please find our general Privacy Notice here >>

Privacy information for the visitors of our fan page

If you visit our fan page “Wictory.ai” on Facebook, we will process personal data related with this visit, irrespective of whether you are registered or logged in on Facebook or not. Fan pages are user accounts that can be set up by private individuals or companies. This fan page allows us to present our company to Facebook users and people who visit our fan page and to communicate with these people. The data provided directly by you and by Facebook will be used exclusively for the purpose of customer and prospective customer communication as a legitimate interest within the meaning of Article 6 paragraph 1 point (f) GDPR, in order to be able to offer you the information most interesting to you.

Facebook provides fan page operators with the “Page Insights” function, which lets us have anonymized statistical data about the users and visitors of our fan page. These so-called “Page-Insights” are summarized statistics that are created based on certain actions (so-called “events”) and logged by Facebook when users and visitors interact with our fan page and its associated content.

This data is collected via the help of so-called cookies. These are small text files that are stored by Facebook via the browser on a storage medium of the device used by the website visitor (PC, notebook, tablet, smartphone, etc.). This information is retrieved during later visits to the website and allows the website to recognize the user device. The information stored in the cookies is received, recorded and processed by Facebook in a personalized form.

The use of cookies is intended on the one hand to improve the advertising systems of Facebook. On the other hand, the use of cookies allows Facebook to provide us with statistics that enable us to control and improve our marketing activities.

By setting up the fan page, we contribute to the processing of the personal data of the visitors to our fan page, irrespective of whether they are registered or logged in to Facebook or not. Although Facebook provides us with data collected using cookies exclusively in anonymous form, the compilation of these statistics is based on the previous processing of personal data. As the operator of the fan page, we are therefore involved in the determination of the purposes and means of processing the personal data of the visitors to our fan page and are therefore joint controllers with Facebook for this processing in accordance with Art 26 GDPR. The joint controllership covers the processing of your data for the purpose of creating “page views” in connection with a visit or other interaction with our fan page or its associated content. We concluded a joint controllership agreement with Facebook in accordance with Art 26 GDPR, in which Facebook is obligated, among other duties, to provide information in accordance with Art 13 GDPR and to exercise the data subject rights.

The main content of the agreement between the joint controllers is provided by Facebook Ireland and may be found at the following link: https://facebook.com/legal/terms/information_about_page_insights_data.

Depending on the action (“event”) that triggers a log, Facebook provides us with the following categories of data in anonymous form:

People’s actions:

• Viewing a page, post, video, story, or other content associated with a page
• Interacting with a story
• Following or unfollowing a page
• Liking or unliking a page or post
• Recommending a page in a post or comment
• Commenting on, sharing or reacting to a page’s post (including the type of reaction)
• Hiding a page’s post or reporting it as spam
• Hovering over a link to a page or a page´s name or profile picture to see a preview of the page’s content
• Clicking on the website, phone number, “Get Directions”- button or any other button on a page
• Having a page’s event on screen, responding to an event including type of reaction, clicking on a link for event tickets
• Starting a Messenger communication with the page
• Viewing or clicking on items in page’s shop

Information about the actions, the people taking the actions and the browsers/apps used for them such as the following:

• Date and time of action
• Country/city (estimated from IP address or from user profile for logged in users)
• Language code (from browser’s HTTP header and/or language setting)
• Age/gender group (from user profile for logged in users only)
• Previously visited websites (from browser’s HTTP header)
• Whether the action was taken from a computer or mobile device (from browser's user agent or app attributes)
• Facebook user ID (for logged in users only)

We do not have access to personal data that is processed in the context of “events”, but to the summarized page views in the form of an anonymized statistical analysis. Since we do not have access to personal data, we cannot share them with third parties. For information on the legal basis of the data processing, any recipients and any transfer of your data to a third country by Facebook, please check the privacy policy (https://www.facebook.com/privacy/explanation) and cookie guidelines (https://www.facebook.com/policies/cookies/) by Facebook. Please note that we may be able to associate your profile picture with your page “Like” information for our fan page if you liked our page and have set your page likes to public.

If you are registered and logged in to Facebook, you agree to the processing of your personal data by Facebook in accordance with the corresponding terms of use and Facebook’s privacy and cookie policies. We would like to point out that we have no influence on Facebook’s terms of use, privacy and cookie regulations. Facebook uses cookies to determine whether you are logged in to Facebook.

If you are not registered or logged in on Facebook, it is still possible that Facebook will carry out statistical evaluations of your personal data when you visit a subpage or perform an action within our fan page and send us anonymized statistics on this. If you do not visit a subpage of our fan page or perform actions on our fan page (such as clicking on a photo or video in a post), no personal data is collected by cookies.

The cookies set by Facebook are stored up to two years after these cookies are set or updated. Cookies already stored can be deleted at any time. In addition, you can prevent the installation of cookies by adjusting your browser settings accordingly.

You have the right to obtain confirmation as to whether or not your personal data is being processed (Art 15 GDPR). You have the right to have incomplete data completed and the right of rectification (Art 16 GDPR). Under certain conditions, you have the right to obtain the erasure of your data (Art 17 GDPR). However, there is no right to erasure if the processing is necessary to fulfil a legal obligation or to assert, exercise or defend legal claims. Under certain conditions, you can also request that restrict (Art 18 GDPR) or object the use of your data (Art 21 GDPR). You have the right to receive the data that you have provided in a structured, commonly used and machine-readable format and to transmit those data to another controller or – if technically feasible – to have it transferred directly by Facebook (Art 20 GDPR).

If your data is processed on the basis of your consent, you have the right to withdraw this consent at any time. The legality of the data processing carried out until this withdrawal is not affected by the withdrawal.

For requests to exercise your data subject rights or to withdraw your consent in connection with the processing of data in the context of Page Insights, please use the forms linked to Page Insights in Facebook’s privacy policy (https://.facebook.com/legal/terms/information_about_page_insights_data) or contact Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland via mail. You may also submit your requests to us and we will forward them to Facebook as necessary.

You have the right to lodge a complaint with the Irish Data Protection Commission, the Austrian Data Protection Authority or any other data protection supervisory authority in the EU, in particular at your place of residence or work.

Our contact information

Wictory.com GmbH,

Margaretenstrasse 22/12,

A-1040 Vienna,

Email: privacy@wictory.com

VAT ID ATU 70136612

Registration Number.: FN 442558x, Commercial Court Vienna