DATA PROTECTION
The following privacy policy applies to the use of our online offer fortysix.io (hereinafter “website”).
We attach great importance to data protection. The collection and processing of your personal data is carried out in compliance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR).
1 Responsible person
The controller for the collection, processing and use of your personal data within the meaning of Art. 4 No. 7 GDPR is
fortysix Ltd.
Vittorio Veneto Street 67
I-39042 Brixen (BZ)
E-Mail: info@fortysix.io
If you wish to object to the collection, processing or use of your data by us in accordance with these data protection provisions as a whole or for individual measures, you can address your objection to the controller.
You can save and print out this privacy policy at any time.
2 General purposes of processing
We use personal data for the purpose of operating the website
3 What data we use and why
3.1 Hosting
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that we use for the purpose of operating the website.
We, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this website on the basis of our legitimate interests in the efficient and secure provision of our website in accordance with Art. 6 para. 1 lit. f GDPR. Art. 6 para. 1 sentence 1 f) GDPR in conjunction with. Art. 28 GDPR.
3.2 Access data
We collect information about you when you use this website. We automatically collect information about your usage behavior and your interaction with us and register data about your computer or mobile device. We collect, store and use data about every access to our website (so-called server log files). The access data includes:
– Name und URL der abgerufenen Datei
– Datum und Uhrzeit des Abrufs
– übertragene Datenmenge
– Meldung über erfolgreichen Abruf (HTTP response code)
– Browsertyp und Browserversion
– Betriebssystem
– Referer URL (d.h. die zuvor besuchte Seite)
– Websites, die vom System des Nutzers über unsere Website aufgerufen werden
– Internet-Service
– Provider des Nutzers
– IP-Adresse und der anfragende Provider
We use this log data without allocation to your person or other profiling for statistical evaluations for the purpose of operation, security and optimization of our website, but also for anonymous recording of the number of visitors to our website (traffic) and the extent and type of use of our website and services, as well as for billing purposes to measure the number of clicks received from cooperation partners. This information allows us to provide personalized and location-based content and analyze traffic, troubleshoot and fix errors, and improve our services.
This is also our legitimate interest pursuant to Art. 6 para. 1 sentence 1 f) GDPR. We reserve the right to check the log data retrospectively if there is a justified suspicion of unlawful use based on concrete evidence. We store IP addresses in the log files for a limited period of time if this is necessary for security purposes or for the provision or billing of a service, e.g. if you use one of our offers. After canceling the order process or after receipt of payment, we delete the IP address if it is no longer required for security purposes. We also store IP addresses if we have a concrete suspicion of a criminal offense in connection with the use of our website. We also store the date of your last visit as part of your account (e.g. when registering, logging in, clicking on links, etc.).
3.3 Cookies
We use so-called session cookies to optimize our website. A session cookie is a small text file that is sent by the respective servers when you visit a website and is temporarily stored on your hard disk. This file as such contains a so-called session ID, with which various requests from your browser can be assigned to the shared session. This allows your computer to be recognized when you return to our website. These cookies are deleted after you close your browser. They are used, for example, to enable you to use the shopping cart function across several pages.
We also use a small number of persistent cookies (also small text files that are stored on your end device), which remain on your end device and enable us to recognize your browser on your next visit. These cookies are stored on your hard disk and delete themselves after the specified time. Their lifespan is 1 month to 10 years. This enables us to present our offer to you in a more user-friendly, effective and secure manner and, for example, to display information on the site that is specifically tailored to your interests.
Our legitimate interest in the use of cookies pursuant to Art. 6 para. 1 sentence 1 f) GDPR is to make our website more user-friendly, effective and secure.
There are several macro categories of cookies that differ in terms of their properties and functions:
3.3.1. The technical cookies are divided into three groups:
a) Strictly necessary cookies allow you to browse the website and enjoy its basic functions. They are usually only installed as a result of your actions consisting of a request for services, e.g. access to a reserved area of our website. These cookies are essential for the use of this website.
b) Functionality cookies are used to recognize you when you return to our website and allow us to offer you better and more personalized features, such as greeting you by name and remembering your preferences (e.g. your language or region). These cookies collect anonymous information and do not store your actions on other websites.
c) Analytics and performance cookies allow us to recognize and count the number of users and collect information about how the website is used (e.g. which pages are most frequently accessed by users and whether the user receives error messages from some pages). This helps us to improve the way the website works, for example by ensuring that users can easily find what they are looking for. For this purpose, we use purely statistical analytical cookies, from us or from third parties. These cookies are used to collect information in aggregate form about the number of users of the website and the pages accessed (e.g. Google AdWords, Google Analytics).
The use of strictly necessary cookies, functionality cookies, analytical and purely statistical cookies does not require your consent, as they are considered “technical cookies”. In any case, you can set your browser at any time to deactivate these cookies using the browser settings below. If the technical cookies are deactivated, some functions or features of the website cannot be guaranteed.
3.3.2. Navigation and usage cookies
These are used to ensure normal navigation and use of the website (e.g. to make a purchase or authenticate for access restrictions).
3.3.3. Profiling cookies
Profiling cookies (advertising and targeting cookies) store your visit to our website, the pages you have visited and the links you have clicked on. We use this information to help you see advertising messages that best suit you and your interests. This information is also used to limit the frequency of ad placement and to measure the effectiveness of an advertising campaign. We may also share this information with third parties (e.g. advertisers) for the same purpose.
3.3.4 Privacy settings
Here you can change your privacy settings, revoke them and view your consent history.
Change privacy settings History of privacy settings Revoking consent
3.4 Data for the fulfillment of our contractual obligations
We process personal data that we need to fulfill our contractual obligations, such as name, address, e-mail address, ordered products, invoice and payment data. The collection of this data is necessary for the conclusion of the contract.
The data will be deleted after the warranty periods and statutory retention periods have expired. Data that is linked to a user account (see below) is always retained for the duration of the account.
The legal basis for the processing of this data is Art. 6 para. 1 sentence 1 b) GDPR, because this data is required so that we can fulfill our contractual obligations to you.
3.5 User account
You can create a user account on our website. If you wish to do so, we require the personal data requested during login. When you log in later, you will only need your e-mail or user name and the password you have chosen.
For new registrations, we collect master data (e.g. name, address), communication data (e.g. e-mail address) and payment data (bank details) as well as access data (user name and password).
To ensure your proper registration and to prevent unauthorized logins by third parties, you will receive an activation link by e-mail after your registration to activate your account. We will only store the data you provide permanently in our system once you have registered.
Once you have created a user account, you can have it deleted by us at any time without incurring any costs other than the transmission costs according to the basic rates. A notification in text form to the contact details stated in section 1 (e.g. e-mail, fax, letter) is sufficient for this purpose. We will then delete your stored personal data, unless we still need to store it to process orders or due to statutory retention obligations.
The legal basis for the processing of this data is your consent pursuant to Art. 6 para. 1 sentence 1 a) GDPR.
3.6 Newsletter
To register for the newsletter, the data requested in the registration process is required. Registration for the newsletter is logged. After registering, you will receive a message to the email address provided asking you to confirm your registration (“double opt-in”). This is necessary to prevent third parties from logging in with your e-mail address.
You can revoke your consent to receive the newsletter at any time and thus unsubscribe from the newsletter.
We store the registration data as long as it is required for sending the newsletter. We store the logging of the registration and the mailing address for as long as there was an interest in proving the consent originally given; as a rule, these are the limitation periods for civil law claims, i.e. a maximum of three years.
The legal basis for sending the newsletter is your consent in accordance with. Art. 6 para. 1 sentence 1 a) in conjunction with Art. 7 GDPR in conjunction with § 7 para. 2 No. 3 UWG. The legal basis for logging the registration is our legitimate interest in proving that the mailing was carried out with your consent.
You can cancel the registration at any time without incurring any costs other than the transmission costs according to the basic rates. A notification in text form to the contact details stated in section 1 (e.g. e-mail, fax, letter) is sufficient for this purpose. Of course you will also find an unsubscribe link in every newsletter.
3.7 Product recommendations
We will regularly send you product recommendations by e-mail, independently of the newsletter. In this way, we provide you with information about products from our range that you may be interested in based on your recent purchases of goods or services from us. In doing so, we adhere strictly to the legal requirements. You can object to this at any time without incurring any costs other than the transmission costs according to the basic rates. A notification in text form to the contact details stated in section 1 (e.g. e-mail, fax, letter) is sufficient for this purpose. Of course you will also find an unsubscribe link in every e-mail.
The legal basis for this is the legal permission according to Art. 6 para. 1 sentence 1 f) GDPR in conjunction with § 7 para. 3 UWG.
3.8 E-mail contact
If you contact us (e.g. via contact form or email), we will process your data to process the request and in the event that follow-up questions arise.
If the data processing is carried out for the implementation of pre-contractual measures, which are carried out at your request, or, if you are already our customer, for the implementation of the contract, the legal basis for this data processing is Art. 6 para. 1 sentence 1 b) GDPR.
We only process other personal data if you consent to this (Art. 6 para. 1 sentence 1 a) GDPR) or if we have a legitimate interest in processing your data (Art. 6 para. 1 sentence 1 f) GDPR). A legitimate interest lies, for example, in responding to your e-mail.
4 Google Analytics
We use Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about the use of this website by the site visitor is usually transmitted to a Google server in the USA and stored there.
This is also our legitimate interest pursuant to Art. 6 para. 1 sentence 1 f) GDPR.
Google has submitted to the Privacy Shield Agreement concluded between the European Union and the USA and is certified. Google thereby undertakes to comply with the standards and regulations of European data protection law. Further information can be found in the following linked entry: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.
We have activated IP anonymization on this website (anonymizeIp). As a result, however, your IP address will be shortened by Google beforehand within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. Google will use this information on our behalf to evaluate your use of the website, to compile reports on website activity and to provide us with other services relating to website activity and internet usage.
5 Storage period
Unless specifically stated, we only store personal data for as long as is necessary to fulfill the purposes pursued. In some cases, the legislator provides for the retention of personal data, for example in tax or commercial law. In these cases, the data will only be stored by us for these legal purposes, but will not be processed in any other way and will be deleted after the statutory retention period has expired.
6 Your rights as a data subject affected by data processing
Under applicable law, you have various rights in relation to your personal data. If you would like to assert these rights, please send your request by e-mail or by post, clearly identifying yourself, to the address stated in section 1. Below you will find an overview of your rights.
6.1 Right to confirmation and information
You have the right to clear information about the processing of your personal data.
In detail:
You have the right to obtain confirmation from us at any time as to whether or not personal data concerning you is being processed. If this is the case, you have the right to request information from us free of charge about the personal data stored about you, together with a copy of this data. Furthermore, there is a right to the following information:
1. the purposes of processing;
2. the categories of personal data that are processed;
3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
4. falls möglich, die geplante Dauer, für die die personenbezogenen Daten gespeichert werden, oder, falls dies nicht möglich ist, die Kriterien für die Festlegung dieser Dauer;
5. das Bestehen eines Rechts auf Berichtigung oder Löschung der Sie betreffenden personenbezogenen Daten oder auf Einschränkung der Verarbeitung durch den Verantwortlichen oder eines Widerspruchsrechts gegen diese Verarbeitung;
6. das Bestehen eines Beschwerderechts bei einer Aufsichtsbehörde;
7. wenn die personenbezogenen Daten nicht bei Ihnen erhoben werden, alle verfügbaren Informationen über die Herkunft der Daten;
8. das Bestehen einer automatisierten Entscheidungsfindung einschließlich Profiling gemäß Art. 22 Abs. 1 and 4 GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for you.
If personal data is transferred to a third country or to an international organization, you have the right to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
6.2 Right to rectification
You have the right to demand that we correct and, if necessary, complete your personal data.
In detail:
You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
6.3 Right to erasure (“right to be forgotten”)
In a number of cases, we are obliged to delete personal data concerning you.
In detail:
Pursuant to Art. 17 para. 1 GDPR, you have the right to obtain from us the erasure of personal data concerning you without undue delay and we have the obligation to erase personal data without undue delay where one of the following grounds applies:
1. Die personenbezogenen Daten sind für die Zwecke, für die sie erhoben oder auf sonstige Weise verarbeitet wurden, nicht mehr notwendig.
2. Sie widerrufen Ihre Einwilligung, auf die sich die Verarbeitung gemäß Art. 6 Abs. 1 sentence 1 a) GDPR or Art. 9 para. 2 a) DSGVO stützte, und es fehlt an einer anderweitigen Rechtsgrundlage für die Verarbeitung.
3. Sie legen gemäß Art. 21 Abs. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (1) GDPR. 2 DSGVO Widerspruch gegen die Verarbeitung ein.
4. Die personenbezogenen Daten wurden unrechtmäßig verarbeitet.
5. Die Löschung der personenbezogenen Daten ist zur Erfüllung einer rechtlichen Verpflichtung nach dem Unionsrecht oder dem Recht der Mitgliedstaaten erforderlich, dem wir unterliegen.
6. Die personenbezogenen Daten wurden in Bezug auf angebotene Dienste der Informationsgesellschaft gemäß Art. 8 Abs. 1 GDPR collected.
If we have made the personal data public and we are obliged pursuant to Art. 17 para. 1 GDPR, we shall take reasonable steps, including technical measures, taking into account the available technology and the cost of implementation, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
6.4 Right to restriction of processing
In a number of cases, you are entitled to demand that we restrict the processing of your personal data.
In detail:
You have the right to obtain from us restriction of processing where one of the following applies:
1. die Richtigkeit der personenbezogenen Daten wird von Ihnen bestritten, und zwar für eine Dauer, die es uns ermöglicht, die Richtigkeit der personenbezogenen Daten zu überprüfen,
2. die Verarbeitung unrechtmäßig ist und Sie die Löschung der personenbezogenen Daten ablehnten und stattdessen die Einschränkung der Nutzung der personenbezogenen Daten verlangt haben;
3. wir die personenbezogenen Daten für die Zwecke der Verarbeitung nicht länger benötigen, Sie die Daten jedoch zur Geltendmachung, Ausübung oder Verteidigung von Rechtsansprüchen benötigen, oder
4. Sie Widerspruch gegen die Verarbeitung gemäß Art. 21 Abs. 1 GDPR, as long as it has not yet been determined whether the legitimate reasons of our company outweigh yours.
6.5 Right to data portability
You have the right to receive, transmit or have us transmit personal data concerning you in machine-readable form.
In detail:
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller without hindrance from us, where
1. die Verarbeitung auf einer Einwilligung gemäß Art. 6 Abs. 1 S. 1 a) DSGVO oder Art. 9 Abs. 2 a) DSGVO oder auf einem Vertrag gemäß Art. 6 Abs. 1 S. 1 b) DSGVO beruht und
2. die Verarbeitung mithilfe automatisierter Verfahren erfolgt.
In exercising your right to data portability pursuant to paragraph 1, you have the right to have the personal data transmitted directly from us to another controller, where technically feasible.
6.6 Right of objection
You also have the right to object to the lawful processing of your personal data by us if this is based on your particular situation and our interests in the processing do not outweigh yours.
In detail:
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6 para. 1 S. 1 e) or f) GDPR; this also applies to profiling based on these provisions. We will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
Where personal data are processed by us for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR. 1 GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
6.7 Automated decisions including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
Automated decision-making based on the personal data collected does not take place.
6.8 Right to withdraw consent under data protection law
You have the right to withdraw your consent to the processing of personal data at any time.
6.9 Right to lodge a complaint with a supervisory authority
You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you is unlawful.
7 Data security
We make every effort to ensure the security of your data within the framework of the applicable data protection laws and technical possibilities.
Your personal data is transmitted in encrypted form. This applies to your orders and also to the customer login. We use the SSL (Secure Socket Layer) coding system, but would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible.
To secure your data, we maintain technical and organizational security measures in accordance with Art. 32 GDPR, which we constantly adapt to the state of the art.
We also do not guarantee that our service will be available at certain times; disruptions, interruptions or failures cannot be ruled out. The servers we use are carefully backed up on a regular basis.
8 Disclosure of data to third parties, no data transfer to non-EU countries
In principle, we only use your personal data within our company.
If and insofar as we involve third parties in the fulfillment of contracts (such as logistics service providers), they will only receive personal data to the extent that the transfer is necessary for the corresponding service.
In the event that we outsource certain parts of data processing (“order processing”), we contractually oblige processors to use personal data only in accordance with the requirements of data protection laws and to ensure the protection of the rights of the data subject.
Data transfer to bodies or persons outside the EU outside the case mentioned in this declaration in section 4 does not take place and is not planned.
9 Data protection officer
If you have any questions or concerns about data protection, please contact our data protection officer: Klement Florian
