Privacy Policy
1. Introduction
In the following, we provide information about the collection of personal data when using
- our website biolyz.com
- our profiles in social media.
Personal data is any data that can be related to a specific natural person, such as
their name or IP address.
1.1 Contact details
The controller within the meaning of Art. 4 para. 7 EU General Data Protection
Regulation (GDPR) is Biolyz FlexCo, Technopark 1/D, Tulln an der Donau, Austria,
email: office@biolyz.com. We are legally represented by Marlon Millard.
Our data protection officer can be reached via heyData GmbH, Schützenstraße 5,
10117 Berlin, www.heydata.eu, E-Mail: datenschutz@heydata.eu.
1.2 Scope of data processing, processing purposes and legal bases
We detail the scope of data processing, processing purposes and legal bases
below. In principle, the following come into consideration as the legal basis for
data processing:
- Art. 6 para. 1 s. 1 lit. a GDPR serves as our legal basis for processing operations for which we obtain consent.
- Art. 6 para. 1 s. 1 lit. b GDPR is the legal basis insofar as the processing of personal data is necessary for the performance of a contract, e.g. if a site visitor purchases a product from us or we perform a service for him. This legal basis also applies to processing that is necessary for pre-contractual measures, such as in the case of inquiries about our products or services.
- Art. 6 para. 1 s. 1 lit. c GDPR applies if we fulfill a legal obligation by processing personal data, as may be the case, for example, in tax law.
- Art. 6 para. 1 s. 1 lit. f GDPR serves as the legal basis when we can rely on legitimate interests to process personal data, e.g. for cookies that are necessary for the technical operation of our website.
1.3 Data processing outside the EEA
Insofar as we transfer data to service providers or other third parties outside the
EEA, the security of the data during the transfer is guaranteed by adequacy
decisions of the EU Commission, insofar as they exist (e.g. for Great Britain, Canada
and Israel) (Art. 45 para. 3 GDPR).
In the case of data transfer to service providers in the USA, the legal basis for the
data transfer is an adequacy decision of the EU Commission if the service provider
has also certified itself under the EU US Data Privacy Framework.
In other cases (e.g. if no adequacy decision exists), the legal basis for the data
transfer are usually, i.e. unless we indicate otherwise, standard contractual clauses.
These are a set of rules adopted by the EU Commission and are part of the
contract with the respective third party. According to Art. 46 para. 2 lit. b GDPR,
they ensure the security of the data transfer. Many of the providers have given
contractual guarantees that go beyond the standard contractual clauses to
protect the data. These include, for example, guarantees regarding the encryption
of data or regarding an obligation on the part of the third party to notify data
subjects if law enforcement agencies wish to access the respective data.
1.4 Storage duration
Unless expressly stated in this privacy policy, the data stored by us will be deleted
as soon as they are no longer required for their intended purpose and no legal
obligations to retain data conflict with the deletion. If the data are not deleted
because they are required for other and legally permissible purposes, their
processing is restricted, i.e. the data are blocked and not processed for other
purposes. This applies, for example, to data that must be retained for commercial
or tax law reasons.
1.5 Rights of data subjects
Data subjects have the following rights against us with regard to their personal
data:
- Right of access,
- Right to correction or deletion,
- Right to limit processing,
- Right to object to the processing,
- Right to data transferability,
- Right to revoke a given consent at any time.
Data subjects also have the right to complain to a data protection supervisory
authority about the processing of their personal data. The supervisory authority
responsible for us is the Austrian Data Protection Authority (Österreichische
Datenschutzbehörde), Barichgasse 40-42, 1030 Vienna, Austria, www.dsb.gv.at.
1.6 Obligation to provide data
Within the scope of the business or other relationship, customers, prospective
customers or third parties need to provide us with personal data that is necessary
for the establishment, execution and termination of a business or other
relationship or that we are legally obliged to collect. Without this data, we will
generally have to refuse to conclude the contract or to provide a service or will no
longer be able to perform an existing contract or other relationship.
Mandatory data are marked as such.
1.7 No automatic decision making in individual cases
As a matter of principle, we do not use a fully automated decision-making process
in accordance with article 22 GDPR to establish and implement the business or
other relationship. Should we use these procedures in individual cases, we will
inform of this separately if this is required by law.
1.8 Making contact
When contacting us, e.g. by e-mail or telephone, the data provided to us (e.g.
names and e-mail addresses) will be stored by us in order to answer questions. The
legal basis for the processing is our legitimate interest (Art. 6 para. 1 s. 1 lit. f GDPR)
to answer inquiries directed to us. We delete the data accruing in this context after
the storage is no longer necessary or restrict the processing if there are legal
retention obligations.
2. Data processing on our website
2.1 Notice for website visitors from Austria
Our website stores information in the terminal equipment of website visitors (e.g.
cookies) or accesses information that is already stored in the terminal equipment
(e.g. IP addresses). What information this is in detail can be found in the following
sections.
This storage and access is based on the following provisions:
- Insofar as this storage or access is absolutely necessary for us to provide the service of our website expressly requested by website visitors (e.g., to carry out a chatbot used by the website visitor or to ensure the IT security of our website), it is carried out on the basis of Section 165 para. 3 of the Austrian Telecommunications Act 2021 (Telekommunikationsgesetz 2021, "TKG 2021"), which permits such strictly necessary storage or access without consent.
- Otherwise, this storage or access takes place on the basis of the website visitor's consent (Section 165 para. 3 TKG 2021).
The subsequent data processing is carried out in accordance with the following
sections and on the basis of the provisions of the GDPR.
2.2 Informative use of our website
During the informative use of the website, i.e. when site visitors do not separately
transmit information to us, we collect the personal data that the browser transmits
to our server in order to ensure the stability and security of our website. This is our
legitimate interest, so that the legal basis is Art. 6 para. 1 s. 1 lit. f GDPR.
These data are:
- IP address
- Date and time of the request
- Time zone difference to Greenwich Mean Time (GMT)
- Content of the request (specific page)
- Access status/HTTP status code
- Amount of data transferred in each case
- Website from which the request comes
- Browser
- Operating system and its interface
- Language and version of the browser software.
This data is also stored in log files. They are deleted when their storage is no longer
necessary, at the latest after 14 days.
2.3 Web hosting and provision of the website
Our website is hosted and delivered via the edge/content delivery network of
Vercel. The provider is Vercel Inc., 340 S Lemon Ave #4133, Walnut, CA 91789, USA.
In doing so, the provider processes the personal data transmitted via the website,
e.g. content, usage, meta/communication data or contact data, in the USA. This
also covers the storage and delivery capacity needed to ensure optimal data
throughput even during large peak loads. Further information can be found in the
provider's privacy policy at https://vercel.com/legal/privacy-policy.
It is our legitimate interest to provide a secure and performant website, so the legal
basis of the described data processing is Art. 6 para. 1 s. 1 lit. f GDPR.
As the provider processes data in the USA, a country outside the EEA, the transfer
is safeguarded by the standard contractual clauses of the EU Commission, which
form part of our contract with the provider and, in accordance with Art. 46 para. 2
lit. c GDPR, ensure the security of the data transfer.
2.4 Appointment scheduling (Calendly)
To let you book a demo or meeting with us, we have integrated the scheduling tool
Calendly. The provider is Calendly LLC, 271 17th St NW, Atlanta, GA 30363, USA.
When you book an appointment, the data you enter there (e.g. name, e-mail address
and the requested date) and the content of your message are processed in order to
arrange and carry out the requested appointment. The legal basis is the
performance of (pre-)contractual measures taken at your request (Art. 6 para. 1 s. 1
lit. b GDPR) and our legitimate interest in answering and scheduling inquiries
directed to us (Art. 6 para. 1 s. 1 lit. f GDPR). Further information can be found in the
provider's privacy policy at https://calendly.com/privacy.
As the provider processes data in the USA, a country outside the EEA, the transfer
is safeguarded by the standard contractual clauses of the EU Commission
(Art. 46 para. 2 lit. c GDPR). We delete the data accruing in this context after the
storage is no longer necessary or restrict the processing if there are legal retention
obligations.
2.5 Vacant positions
We publish vacant positions on our website, on pages linked to the website or on
third-party websites.
The processing of the data provided as part of the application is carried out for the
purpose of implementing the application process. Insofar as this is necessary for
our decision to establish an employment relationship, the legal basis is Art. 88
GDPR in conjunction with Section 11 of the Austrian Data Protection Act
(Datenschutzgesetz, "DSG"). We have marked the data required to carry out the
application process accordingly or refer to them. If applicants do not provide this
data, we cannot process the application. Further data is voluntary and not required
for an application. If applicants provide further information, the basis is their
consent (Art. 6 para. 1 s. 1 lit. a GDPR).
We ask applicants to refrain from providing information on political opinions,
religious beliefs and similarly sensitive data in their CV and cover letter. They are
not required for an application. If applicants nevertheless provide such
information, we cannot prevent their processing as part of the processing of the
resume or cover letter. Their processing is then also based on the consent of the
applicants (Art. 9 para. 2 lit. a GDPR).
Finally, we process the applicants' data for further application procedures if they
have given us their consent to do so. In this case, the legal basis is Art. 6 para. 1 s. 1
lit. a GDPR.
We pass on the applicants' data to the responsible employees in the HR
department, to our data processors in the area of recruiting and to the employees
otherwise involved in the application process.
If we enter into an employment relationship with the applicant following the
application process, we delete the data only after the employment relationship
has ended. Otherwise, we delete the data no later than six months after rejecting
an applicant.
If applicants have given us their consent to use their data for further application
procedures as well, we will not delete their data until one year after receiving the
application.
2.6 Third parties
2.6.1 heyData
We have integrated a data protection seal on our website. The provider is heyData
GmbH, Schützenstraße 5, 10117 Berlin, Germany. The provider processes
meta/communication data (e.g. IP addresses) in the EU.
The legal basis of the processing is Art. 6 para. 1 s. 1 lit. f GDPR. We have a legitimate
interest in providing website visitors with confirmation of our data privacy
compliance. At the same time, the provider has a legitimate interest in ensuring
that only customers with existing contracts use its seals, which is why a mere
image copy of the certificate is not a viable alternative as confirmation.
As the data is masked after collection, there is no possibility to identify website
visitors. Further information is available in the privacy policy of the provider at
https://heydata.eu/en/privacy-policy.
2.6.2 Needle
We use the recruiting platform Needle to publish our vacant positions and to
receive and manage applications. The provider is Needle, Inc., a Delaware
corporation, USA. Our careers page embeds Needle's job board via an iframe; when
this page is loaded, the provider processes the personal data transmitted in this
context (e.g. IP address, device/usage and meta/communication data) as well as
the data that applicants enter when applying (e.g. name, contact details, CV and
other recruitment-related data) in the USA. Further information can be found in the
provider's privacy policy at https://needle.so/privacy-policy.
The legal basis for processing applicant data is the implementation of the
application process (Art. 88 GDPR in conjunction with Section 11 DSG, and Art. 6
para. 1 s. 1 lit. b GDPR); for embedding and operating the job board it is our
legitimate interest in an efficient recruiting process (Art. 6 para. 1 s. 1 lit. f GDPR).
As the provider processes data in the USA, a country outside the EEA, the transfer
is safeguarded by the standard contractual clauses of the EU Commission
(Art. 46 para. 2 lit. c GDPR).
3. Data processing on social media platforms
We are represented in social media networks in order to present our organization
and our services there. The operators of these networks regularly process their
users' data for advertising purposes. Among other things, they create user profiles
from their online behavior, which are used, for example, to show advertising on the
pages of the networks and elsewhere on the Internet that corresponds to the
interests of the users. To this end, the operators of the networks store information
on user behavior in cookies on the users' computers. Furthermore, it cannot be
ruled out that the operators merge this information with other data. Users can
obtain further information and instructions on how to object to processing by the
site operators in the data protection declarations of the respective operators listed
below. It is also possible that the operators or their servers are located in non-EU
countries, so that they process data there. This may result in risks for users, e.g.
because it is more difficult to enforce their rights or because government agencies
access the data.
If users of the networks contact us via our profiles, we process the data provided to
us in order to respond to the inquiries. This is our legitimate interest, so that the
legal basis is Art. 6 para. 1 s. 1 lit. f GDPR.
3.1 Facebook
We maintain a profile on Facebook. The operator is Meta Platforms Ireland Ltd., 4
Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. The privacy policy is
available here: https://www.facebook.com/policy.php. A possibility to object to data
processing arises via settings for advertisements:
https://www.facebook.com/settings?tab=ads. We are joint controllers for processing
the data of visitors to our profile on the basis of an agreement within the meaning
of Art. 26 GDPR with Facebook. Facebook explains exactly what data is processed
at https://www.facebook.com/legal/terms/information_about_page_insights_data.
Data subjects can exercise their rights both against us and against Facebook.
However, according to our agreement with Facebook, we are obliged to forward
requests to Facebook. Data subjects will therefore receive a faster response if they
contact Facebook directly.
3.2 Instagram
We maintain a profile on Instagram. The operator is Meta Platforms Ireland Ltd., 4
Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. The privacy policy is
available here: https://help.instagram.com/519522125107875.
3.3 X (formerly Twitter)
We maintain a profile on X. The operator is Twitter Inc, 1355 Market Street, Suite
900, San Francisco, CA 94103, USA. The privacy policy is available here:
https://twitter.com/de/privacy. One way to object to data processing is via the
settings for advertisements: https://twitter.com/personalization.
3.4 LinkedIn
We maintain a profile on LinkedIn. The operator is LinkedIn Ireland Unlimited
Company, Wilton Place, Dublin 2, Ireland. The privacy policy is available here:
https://www.linkedin.com/legal/privacy-policy?_l=de_DE. One way to object
to data processing is via the settings for advertisements:
https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.
4. Changes to this privacy policy
We reserve the right to change this privacy policy with effect for the future. A
current version is always available here.
5. Questions and comments
If you have any questions or comments regarding this privacy policy, please feel
free to contact us using the contact information provided above.