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Privacy policy

Data protection information for website users and customers of FAT MONK deli bowls GmbH

The following information serves to clarify the nature, scope and purpose of the collection and use of personal data and also informs you about your rights in the collection and processing of your personal data. This information is provided in accordance with Articles 13 and 14 of the General Data Protection Regulation (GDPR).

This data protection information is intended for (i) users of the website www.fatmonk.at or (ii) subscribers to the newsletter.

1. who is responsible for data processing and who can you contact if you have any questions?

The controller of the data processing is:

FAT MONK deli bowls GmbH FN 379961t Karl-Popper-Straße 2b/Top 9, 6th floor A-1100 Vienna (hereinafter referred to as "Fat Monk")

2. what data is processed and where does this data come from?

We process your data in different ways and for different purposes.

If you are a user of the website:

Cookies and Google Analytics are used when you use the website (even without registering). You can find more information under point 6.

If you are a subscriber to the newsletter:

If you sign up for the free newsletter on our website (you can find more information under point 7.), your personal data will be processed. This includes your first name, surname, email address, time of access, IP address, browser type and operating system.

If you are a Pick-Up customer:

If you order food and drinks for pick-up, the personal data provided by you as part of the initiation of the contractual relationship will be processed. This includes first name, surname, email address and telephone number. Payment is processed via the payment service provider "Concardis" (Concardis GmbH, Helfmann-Park 7, 65760 Eschborn, Germany). You can find Concardis' data protection information at https://www.concardis.com/at-de/datenschutz.

3. on what legal basis and for what purposes is data processing carried out?

If you are a user of the website:

We process your personal data

(1) on the basis of your consent (Article 6(1)(a) GDPR): Tracking user behavior on the website (for more information on Google Analytics and cookies, see point 6.). You have the right to withdraw this consent at any time. This does not affect the legality of the data processing carried out up to this point in time.

(2) to fulfill legal obligations (Article 6 (1) (c) GDPR): Personal data is also processed for the purpose of fulfilling various legal obligations, such as our legal obligation under Section 96 (3) TKG and for the purpose of providing information to law enforcement authorities and courts in cases of necessity.

(3) on the basis of legitimate interests, provided that your right to the confidentiality of this data does not outweigh our interest in processing it (Article 6(1)(f) GDPR). Our legitimate interests lie in ensuring the security of website operation, improving and analyzing our website and increasing user-friendliness. You can object to the processing of personal data for advertising purposes at any time (for more information on Google Analytics and cookies, see section 6).

If you are a subscriber to the newsletter:

We process your personal data on the basis of your express consent (Article 6(1)(a) GDPR) because you have registered as a subscriber to receive the newsletter (you can find more information under point 7.). You have the right to withdraw this consent at any time. This does not affect the lawfulness of the data processing carried out up to this point.

If you are a Pick-Up customer:

We process your personal data to fulfill (pre-)contractual obligations (Article 6(1)(b) GDPR), in particular to fulfill our (pre-)contractual obligations within the framework of the contractual relationship, such as the performance of (pre-)contractual duties of protection, care and information, the provision of services and the handling of claims arising from the contract, invoicing, etc. Without this data, we cannot fulfill the contract with you.

4. to whom will your data be passed on?

The relevant data in individual cases is transferred on the basis of the statutory provisions or contractual agreement and - if necessary - for the execution of contracts to the following parties, among others:

If you are a user of the website:

-Courts and law enforcement authorities; -Other authorities; -Legal representatives or lawyers and third parties involved in legal services.

If you are a subscriber to the newsletter:

-Courts and law enforcement authorities; -Other authorities; -Legal representatives or lawyers and third parties involved in legal services.

If you are a Pick-Up customer:

  • Administrative authorities (tax office, etc.);
  • Courts and law enforcement authorities in case of cause;
  • Other authorities;
  • Legal representatives or lawyers and third parties involved in legal services.

If the above-mentioned recipients of your personal data are located outside the EEA and the EU Commission has not determined that the country in question has an adequate level of data protection, we will ensure that the transfer is based on standard contractual clauses (currently 2010/87/EC and/or 2004/915/EC) or otherwise in accordance with Articles 46, 47 or 49 GDPR.

In addition, processors commissioned by us receive your data for the purpose of fulfilling the respective service, such as the IT service provider "MailChimp" when registering for the newsletter: the email is sent via Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA.

All processors are contractually obliged to treat your data confidentially and to process it only within the scope of our instructions.

5 How long will your data be processed and stored?

We process your personal data for as long as this is necessary. As soon as your data is no longer required, it will be anonymized.

We store the personal data necessary for the fulfillment of the contract for the duration of the entire business relationship and beyond in accordance with the statutory retention and documentation obligations (e.g. according to the Austrian Commercial Code or the Federal Fiscal Code). In addition, we take into account the statutory limitation periods, which can be up to 30 years in certain cases according to the General Civil Code (ABGB).

6. data processing in connection with the use of the website

Location Finder

You will find the "Location Finder" under the "Locations" tab. There you can enter a zip code or city so that all nearby Fat Monk locations are displayed. You also have the option of displaying the location. When you call up the Google Maps map material, permanent cookies are set if you have given your consent (Article 6 (1) (a) GDPR). You can set your browser to inform you about the placement of cookies. This makes the use of cookies transparent for you. By calling up the map material from Google Maps, information about your use (in particular the IP address of your computer) can be transmitted to a Google Inc. server in the USA and stored there. Fat Monk has no influence on the further processing of data by Google Inc. We do not use your data to create a user profile for you. For more information, please refer to the Google Maps Terms of Use, available at the bottom right of the Google Maps map, if you wish to use the service.

Matomo Analytics

Matomo is used on this website for statistical purposes. Matomo is a data protection-friendly web analysis software that is used without cookies. To recognise returning users, a so-called ‘digital fingerprint’ is used, which is stored anonymously and is valid for a maximum of 24 hours. IP addresses are recorded in pseudonymised form. It is not possible to draw conclusions about the identity of individual users. The user data collected by Matomo is not shared with third parties. Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) DSGVO).
Further information on Matomo can be found here: https://matomo.org/faq/general.

Cookiebot

On the basis of legitimate interests (Article 6(1)(f) GDPR), a web service of the company Cybot A/S, Havnegade 39, 1058 Copenhagen (hereinafter: cookiebot.com) is loaded on our website in order to ensure the full functionality of our website. In this context, your browser may transmit personal data to cookiebot.com. The data will be deleted as soon as the purpose of its collection has been fulfilled. Further information on the handling of the transferred data can be found in cookiebot.com's privacy policy: https://www.cookiebot.com/de/privacy-policy/. You can prevent the collection and processing of your data by cookiebot.com by deactivating the execution of script code in your browser or by installing a script blocker in your browser (you can find this at www.noscript.net or www.ghostery.com, for example).

The following information is stored in our Cookiebot account

  • The user's IP address in anonymized form (the last three digits are set to "0");
  • Date and time of consent;
  • The user's browser;
  • The URL from which the consent was sent.
  • An anonymous, randomized and encrypted key value;
  • The user's consent state, which serves as proof of consent.

The key and the consent state are also stored in the user's browser in the cookie "CookieConsent", so that the website can automatically read and respect the user's consent in all subsequent page requests and future user sessions for up to 12 months. You can view and change your level of consent at any time.

Cookies

Social buttons

We use a social button on our website in the form of a link to Instagram. When you visit our site, no data is transmitted to the social media services. Profiling by third parties is therefore excluded. However, we do not want to deny those visitors who would like to use social buttons these options. We therefore offer you the option of using social buttons in various places on our website. This gives you the opportunity to reach our social media presence via the social buttons or to share content, e.g. posts, with others. Please note that clicking on the social button may result in certain data being transmitted to the social media service (e.g. the Fat Monk website on which the social button is located; the date and time you clicked on the social button; information about the browser and operating system you are using; your current IP address).

By clicking on the button, you give your consent (Article 6(1)(a) GDPR) to the social media service for data processing. If you are already logged in to the social media service at the time you click the social button, it will also be able to determine your user name and possibly even your real name from the above-mentioned data. This data may also be processed by the social media service in countries outside the European Union. We have no influence on the scope, type and purpose of data processing by the social media service. Please note that the social media service is able to create pseudonymized and even individualized user profiles with the above-mentioned data.

You can find more information on data protection regarding Instagram here.

7 Data processing in connection with the newsletter subscription

We use a double opt-in procedure so that you can subscribe to our newsletter. This means that you must first expressly confirm to us that you wish to receive our newsletter and that you agree to the associated processing of your personal data when you register for the newsletter. You will then receive a notification email from us with a link to confirm your registration for the newsletter.

8 What rights do you have?

Right to information

If we process your personal data, you have the right to information about the processing purposes, the categories of personal data processed, the recipients of this personal data, the storage period, the rights to which you are entitled, the origin of the personal data and the existence of automated decision-making.

Rectification and erasure

You are entitled to request the rectification of incorrect or incomplete personal data concerning you. You are entitled to request the erasure of personal data concerning you, provided that the processing of the data is not lawful and there are no legal obligations on our part to prevent erasure.

Restriction of processing

You are entitled to request the restriction of the processing of your data in certain cases.

Data portability

You have the right to request the transfer of the data you have provided to us in a structured, commonly used and machine-readable format. You have the right to have the personal data transmitted directly from us to a controller, insofar as this is technically feasible.

Objection

You are entitled to object to the processing of personal data concerning you at any time for reasons arising from your particular situation. If you object, we will no longer process personal data concerning you unless we can prove that our reasons for processing outweigh your interests.

Complaint

If you believe that the processing of your data violates data protection law or your data protection rights have otherwise been violated in any way, you can complain to the supervisory authority. In Austria, this is the data protection authority (www.dsb.gv.at).

Contact us

To exercise your rights in relation to your data processed by us, please contact

FAT MONK deli bowls GmbH FN 379961t Karl-Popper-Straße 2b/Top 9, 6th floor A-1100 Vienna hello@fatmonk.at

Definitions

Definitions of the terms used (e.g. "personal data" or "processing") can be found in Article 4 GDPR.