1. Scope of application

1.1. The use of the internet offering made available for retrieval by the operator at the domain www.mariandl-shopping.at is subject to the following terms of use. These terms of use contain the applicable provisions for the website as well as for the services and contents that the operator provides to users (i.e. may provide to users via our service).

1.2. Point 5. informs users of the data protection policy and the processing of personal data.

1.3. The information and data provided on the website (“contents”) are for the purpose of personal information only. By calling up the website and using the contents made available, you are considered a “user” and accept these terms of use.

1.4. The operator reserves the right to unilaterally modify the terms at any time. The operator shall publish the modified terms of use on the website, such that the modified terms of use become immediately effective as soon as they are published for users. The currently valid terms of use and the date of the most recent update are always available to read on the website. In addition, the operator will also inform the recipients of the newsletter of such changes by sending the modified terms to the email address provided upon registration. Objection may be raised against the modified terms within 4 weeks, otherwise they are deemed accepted.

2. Rules of conduct for users

2.1. The user commits to use the contents provided by the operator in the proper manner and to not misuse them, and when doing so to refrain from actions that would damage, jeopardise or discriminate against the operator or other users. Use of the website and its contents for unlawful purposes is prohibited. Especially prohibited are discriminations and disparagements on the basis of religion, gender, race or ethnic origin, sexual orientation, disability, age, political orientation or union membership. Actions that cast the operator in a negative light are similarly prohibited.

2.2. The operator is entitled to delete information that contains unlawful contents or is contrary to accepted principles of morality. Similarly, the operator is entitled to block access to contents.

2.3. The user must keep his login details secret and protect them against unauthorized access by third parties. If the user discloses his login details to third parties, he is liable towards the operator for all damages arising as a result thereof. The user must inform the operator immediately of any unauthorized access to contents of this website of which he becomes aware.

3. Rights of use and copyright

3.1. The contents provided via the website are protected by copyright.

3.2. Unless stated otherwise (e.g. via a reference to the source), either the operator or an affiliated group company is the sole copyright holder of all contents used on the website, such as graphics, photos, depictions and illustrations. The user may only use the contents provided on the website for the purpose of personal information; any modification, duplication, dissemination, inclusion or other kind of reproduction of the contents without the operator’s express prior written consent is prohibited.

3.3. If the user makes information publicly available via the website (e.g. in a forum), the operator is not liable for any third-party claims arising as a result of postings published by the user. In this respect, the operator is to be fully indemnified and held harmless by the user.

4. Liability

4.1. In order to use the full scope of the contents of the website, the operator recommends using the most recent (browser) technologies i.e. enabling the use thereof (e.g. activating Java scripts). When using older technologies, it may be that the user is only able to use the contents of the website to a limited extent.

4.2. The operator always strives to keep the contents and data on the website up-to-date, complete and accurate. Nonetheless, the operator is not liable for the completeness, accuracy or topicality of the information and data available on the website, nor for the website meeting the user’s expectations.

4.3. The operator is not liable for contents, information or programmes that are disseminated on the website nor for damages arising as a result thereof, unless such damages are caused by wilful intent or gross negligence on the part of the operator. This applies to all kinds of damages, including damages that may arise as a result of errors, delays or interruptions to transmission, disruptions to technical equipment or services, incorrect or missing contents, loss or deletion of data, viruses or in any other way when using the website.

4.4. Notwithstanding this limitation of liability, the liability of the operator for consequential damages, lost profits, loss of data and financial losses is expressly excluded.

4.5. The operator points out that it has no influence whatsoever on the contents or presentation of the internet offerings to which links are provided (e.g. via hyperlinks). The operator makes no guarantee for the accuracy, completeness or topicality of the internet offerings to which links are provided. The operator assumes no responsibility for the absence of viruses or the absence of other harmful components on the websites to which links are provided.

5. Data protection + processing of personal data

5.1. The operator, and simultaneously the data protection officer, of the specified websites is MARIANDL GmbH & Co KG; Wiener Straße 91, 3500 Krems an der Donau. tel.: +43 (0) 2732-76800; e-mail: office@mariandl-shopping.at; company numer: FN 372661g. In this data privacy statement, as the data controller according to Art. 4 Para. 7 EU GDPR, we describe which data we collect from our users upon visiting our website and for what purpose we process this data.

5.2. This data privacy statement explains to the user the nature, scope and purpose of the processing of personal data as part of our offer and the websites, functions and contents associated with this offer. The data privacy statement applies regardless of the domains, systems, platforms or devices on which the offer is provided. For the terms used, e.g. personal data, we refer to the definitions as specified in Art. 4 of the General Data Protection Regulation (GDPR).

5.3. The user is not required to provide any personal details in order to visit our website. However, each time our website is accessed, usage data is sent by the respective internet browser and stored in server log files, including e.g. date and time, name of the web pages called up and the abbreviated IP address of the user. This data is used exclusively to ensure the undisturbed operation of the website, and is evaluated in order to improve our offer and then discarded. It does not allow us to draw any conclusions as to the person behind the user.

5.4. MARIANDL GmbH & Co KG only processes the data of the user in compliance with the relevant data protection provisions. This means that the data of the user is only processed if a legal basis or legal permission exists, and only for the purpose for which it was collected.
5.5. As a fundamental principle, we do not disclose users’ personal data to third parties. Disclosure only takes place if this is necessary for the fulfilment of the contract or if you have granted us your express and voluntary consent to do so. In a few exceptional cases, we base this on a legitimate legal interest on our part (analysis, optimisation and maintenance of economic operations and the security of our online offering, audience measurement, collection of access data and use of the services of third-party providers).

5.6. If the use of the contents requires the storage of personal data (e.g. for registration, for participation in a prize draw or for the receipt of the newsletter), the data provided by the user will only be processed for fulfilment of the services taken advantage of by the user. No disclosure of the data to third parties takes place, unless this is necessary for the fulfilment of the services. In this event, the operator ensures that the data recipients are obliged to observe the data protection regulations and that they are not allowed to use the data of the users for their own or for advertising purposes.
5.7. Subscription to the newsletter requires the express and active consent to the terms of use and data protection provisions via a double opt-in procedure. Immediately after subscribing to the newsletter, the customer is sent an email with a request to confirm the contact address provided. Only after this confirmation has been sent, the data provided will be included in the newsletter mailing list and processed further. The legal basis for this is the consent pursuant to Art. 6 Para. 1 lit. a of the GDPR. To unsubscribe from the newsletter, you can click “Unsubscribe” in a corresponding email. The newsletter is sent out by LOOP New Media GmbH, which acts as our processor pursuant to Art. 28 GDPR. The operator concluded a corresponding order processing contract with the processor in which the processor specifically undertook to observe the relevant data protection regulations.
5.8. The user is obliged to immediately update or inform the operator of any changes to the personal data provided upon registration so as to ensure that the data is always up-to-date.
5.9. If you participate in one of our prize draws on the website, the information you provide, including the contact details entered by you there, is processed for the purpose of carrying out the prize draw. The legal basis for this is the fulfilment of the contract pursuant to Art. 6 Para. 1 lit. b of the GDPR. As soon as the prize draw is concluded, your data is deleted after 3 months.
5.10. If you purchase “Zehner” vouchers via the “Zehner” online shop on this website, your data is processed for the purpose of the online shop transactions. The legal basis for this data processing is the fulfilment of the contract pursuant to Art. 6 Para. 1 lit. b of the GDPR. The data processing is the basic prerequisite for your purchase of the desired “Zehner” vouchers and for us being able to deliver them to you. For this purpose, your data is disclosed to Österreichische Post AG as the processor. In addition, your data is also disclosed to TibiDono Handelsgesellschaft m.b.H., which acts as a technical service provider for the online shop including the processing of payment transactions, as well as to the banks handling the payment procedure. In the event of the conclusion of a contract, we process your personal data until the expiry of the guarantee, warranty, limitation and statutory retention obligations to which we are subject. Furthermore, we also use this data until the termination of any legal disputes for which this data is required as evidence.
5.11. If you send us an unsolicited application, the contact data you provide as well as your application documents are stored by the operator for the purpose of processing the application. We do not disclose this data without your consent. Your data is deleted at the latest 6 months after the position has been filled or after your application is received. If you consent to your application being stored on file, your data is only deleted once you revoke this consent.
5.12. We take organisational, contractual and technical security measures in accordance with the state of the art to ensure that the provisions of the data protection laws are observed and the data is protected against accidental or intentional manipulations, loss, destruction and access by unauthorized persons. For reasons of security and to protect transmissions, this website uses SSL encryption. Users can tell whether a connection is encrypted when the address bar of the browser changes from http:// to https://. The personal data provided by the user is processed on a server of SPAR Business Services GmbH, Europastraße 3, 5015 Salzburg.
5.13. Upon request, users have the right to receive free information on the personal data we store on them. In addition, users also have the right to rectification of incorrect data, restriction of the processing and deletion of their personal data, as well as the right to lodge a complaint with the competent supervisory authority (Austrian data protection authority). Similarly, users may revoke consent with future effect. To do so, users should contact:

Wiener Straße 91, 3500 Krems an der Donau
tel.: +43 (0) 2732-76800
e-mail: office@mariandl-shopping.at

5.14. The duration of the storage of user data is based on the duration of the contractual relationship, the consent granted by the users as well as the applicable statutory retention obligations to which the operator is subject. The data stored by us is deleted as soon as it is no longer required for the purpose for which it was intended and this deletion is not opposed by any statutory retention obligations.
5.15. Visitors to the website who are younger than 14 are requested to obtain consent from a parent or legal guardian before providing us with data via our website. Providing data without this consent is prohibited. If, despite this, we still receive data from persons who are under 14 years of age, we will cease the processing of this data as soon as we receive knowledge thereof.
5.16. Upon using the website, general data and information is collected anonymously (e.g. access figures, download figures of certain documents, country of origin of the user) and processed. The statistics obtained from this data serve to better adapt the website to suit the users’ needs.

6. Cookies

6.1. Upon using the website, cookies are implemented. These are small erasable text files that are stored on the computer of the user and that enable the personalisation of the contents made available on the website. The operator uses cookies to guarantee the functionality and to continue improving and adapting the website contents to suit the needs of the users. Thus the operator uses functional and essential cookies at multiple points on the website in order to, for example, verify your identity when logging in to your user account, detect your browser and your settings, or present certain services in a more user-friendly manner. By continuing to use the website, you consent to our data protection notice as set out in Point 5. The aforementioned cookies are collected in a non-personalised form (meaning that the user cannot be identified) unless the user grants his consent to personalised data collection. The cookies are then automatically erased after the end of the visit to the website or at the latest 10 days later.

6.2. The user is free to configure his browser settings so that cookies are only accepted on an individual basis or are rejected entirely. Due to technical reasons, the rejection of cookies may mean that the use of the website or of individual services is not possible or is only possible on a limited basis.

7. Google Analytics

7.1. This website uses Google Analytics, a web analytics tool of Google Inc. This involves the use of cookies in order to depict website trends and enable an analysis of the use of the website. The IP addresses of the users are processed in anonymised form only, thanks to the extension “anonymize IP”. This excludes the possibility of establishing a link to the person. If you wish to explicitly deactivate Google Analytics for the future, please click on the following link: https://tools.google.com/dlpage/gaoptout?hl=de

8. Final provisions

8.1. All legal disputes arising in connection with the use of the website are exclusively subject to substantive Austrian law, with the exclusion of the conflict of law rules under international private law.

8.2. Insofar as legally permissible, the exclusive responsibility of the competent court for the provincial capital of Salzburg is established in terms of the place of jurisdiction for all indirect or direct disputes arising from the use of the website.

8.3. Should individual provisions of these terms of use be or become invalid, the validity of the remaining provisions is unaffected thereby.

Uptdated: 16.10.2020