The data controller according to the EU General Data Protection Regulation (EU GDPR) is:
Heiligenstädter Lände 11a, 1190 Vienna, Austria
Benjowskigasse 82, 1220 Vienna, Austria
For inquiries regarding data protection, please contact [email protected].
"Personal data" refers to any information relating to an identified or identifiable natural person (hereinafter referred to as the "data subject"); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g., cookie), or one or more specific factors that express the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
"Processing" means any operation or set of operations performed on personal data, whether or not by automated means. The term encompasses almost any handling of data.
"Pseudonymization" is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
"Profiling" means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's preferences, interests, reliability, behavior, location, etc.
The "data controller" refers to the natural or legal person, authority, agency, or other body that alone or jointly with others determines the purposes and means of the processing of personal data.
"Processor" refers to a natural or legal person, authority, agency, or other body that processes personal data on behalf of the data controller.
Relevant Legal Bases
Types of Processed Data
The collected, processed, and used data can be categorized into the following types:
- Personal information
- Content data (e.g., text inputs, photographs, videos)
- Usage data (e.g., visited web pages, interest in content, access times)
- Meta/communication data (e.g., device information, IP addresses)
Purpose of Processing
We primarily use the personal data of the data subjects to provide services within the finbalanced website. The extent of data collection, processing, and use depends on the features used and the settings within the finbalanced platform. The data is used for the following purposes:
- Provision of the online offering, its features, and content
- Provision of information materials regarding the offered finbalanced solution
- Facilitation of communication between users and coaches upon active request by the user
- Response to contact inquiries and communication with the data subject
- Security measures
- Measurement of reach/marketing
Categories of Data Subjects
Visitors and users of the finbalanced online offering (hereinafter collectively referred to as "users").
Necessity of Personal Data for Registration
For the use of the finbalanced service, finbalanced requires certain data that is collected during the registration process. Without this data, finbalanced is unable to offer the service to the user. During registration, the user is obligated to provide truthful registration data to ensure that services paid for by the employer can be provided on the finbalanced platform.
Cooperation with Data Processors and Third Parties
If finbalanced discloses data to other individuals and companies (data processors or third parties), transfers data to them, or otherwise grants them access to the data, this is done only based on legal permission (e.g., if the data transfer to third parties is necessary for the fulfillment of a contract according to Art. 6(1)(b) of the GDPR), if the user has explicitly consented, if a legal obligation requires it, or based on legitimate interests (e.g., when using agents, web hosts, etc.).
If finbalanced commissions third parties to process data based on a so-called "data processing agreement," this is done in accordance with Art. 28 of the GDPR.
Transfers to Third Countries
If finbalanced processes data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in connection with the use of third-party services or the disclosure/transmission of data to third parties, it only takes place if it is necessary for the fulfillment of (pre)contractual obligations, based on the user's consent, due to a legal obligation, or based on legitimate interests. Subject to legal or contractual permissions, finbalanced processes or allows data to be processed in a third country only if the special requirements of Art. 44 et seq. of the GDPR are met. This means, for example, that the processing is based on specific safeguards, such as the officially recognized determination of a level of data protection equivalent to the EU (e.g., for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
Rights of Data Subjects
The user has the right to request confirmation as to whether relevant data is being processed and to obtain information about this data and further information and a copy of the data in accordance with Art. 15 of the GDPR.
The user has the right, in accordance with Art. 16 of the GDPR, to request the completion of incomplete personal data or the rectification of inaccurate personal data concerning them.
The user has the right, pursuant to Art. 17 of the GDPR, to request the erasure of relevant data without undue delay or, alternatively, to request the restriction of processing in accordance with Art. 18 of the GDPR.
Furthermore, the user has the right, in accordance with Art. 20 of the GDPR, to receive the personal data concerning them that they have provided to finbalanced and to request their transmission to other controllers.
The user also has the right, in accordance with Art. 77 of the GDPR, to lodge a complaint with the supervisory authority.
Right of Withdrawal
The user has the right to revoke granted consent in accordance with Art. 7(3) of the GDPR with effect for the future.
Right to Object
The user can object to the future processing of data concerning them in accordance with Art. 21 of the GDPR at any time. The objection can be made in particular against processing for direct marketing purposes.
Cookies and Right to Object to Direct Marketing
"Cookies" refer to small files that are stored on users' computers. Different information can be stored within the cookies. A cookie primarily serves to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Temporary cookies, or "session cookies" or "transient cookies," are cookies that are deleted after a user leaves an online offering and closes their browser. Such a cookie can, for example, store the contents of a shopping cart in an online store or a login status. "Permanent" or "persistent" cookies are cookies that remain stored even after the browser is closed. For example, the login status can be stored if users visit it again after several days. Likewise, such a cookie can store users' interests, which are used for reach measurement or marketing purposes. "Third-party cookies" are cookies that are offered by providers other than the controller operating the online offering (otherwise, if they are only the controller's cookies, they are referred to as "first-party cookies").
If the user does not want cookies to be stored on their computer, they are requested to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional limitations of this online offering.
In accordance with legal requirements in Germany, storage is carried out, in particular, for 10 years in accordance with Sections 147(1) AO, 257(1) Nos. 1 and 4, 4 HGB (books, records, management reports, booking vouchers, commercial books, documents relevant to taxation, etc.) and 6 years in accordance with Section 257(1) Nos. 2 and 3, 4 HGB (commercial letters).
In accordance with legal requirements in Austria, storage is carried out, in particular, for 7 years in accordance with Section 132(1) BAO (accounting documents, invoices/receipts, accounts, supporting documents, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate, and for 10 years for documents relating to electronically supplied services, telecommunications, broadcasting, and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
With the following information, finbalanced informs about the content of the newsletter, as well as the registration, dispatch, and statistical evaluation procedures, and the user's right to object. By subscribing to the newsletter, the user agrees to receive it and to the described procedures.
Newsletter Content: finbalanced sends newsletters, emails, and other electronic notifications with promotional information (hereinafter referred to as "newsletter") only with the consent of the recipient or a legal permission. If the content of the newsletter is specifically described as part of a newsletter registration, it is decisive for the user's consent. In addition, the newsletters contain information about products and related information (e.g., safety instructions), offers, promotions, and the company.
Registration and Logging: Registration for our newsletter can be done either through the website or as part of the contract conclusion for using finbalanced. By using the finbalanced platform, the user agrees to receive the newsletter using their email address. Newsletter registrations are logged to be able to provide evidence of the registration process in accordance with legal requirements. This includes storing the registration and confirmation timestamps, as well as the IP address.
The dispatch of the newsletter and the associated success measurement are based on the consent of the recipients in accordance with Art. 6(1)(a), Art. 7 of the GDPR, in conjunction with § 107(2) of the TKG, or if consent is not required, based on legitimate interests in direct marketing in accordance with Art. 6(1)(f) of the GDPR, in conjunction with § 107(2) and (3) of the TKG.
The logging of the registration process is based on legitimate interests in accordance with Art. 6(1)(f) of the GDPR. finbalanced's interest is directed towards the use of a user-friendly and secure newsletter system that serves our business interests, meets user expectations, and also allows us to provide evidence of consent.
Cancellation/Revocation: The user can cancel the receipt of the newsletter at any time, i.e., revoke their consent. A link to unsubscribe from the newsletter can be found at the end of each newsletter. finbalanced may store the unsubscribed email addresses for up to three years based on its legitimate interests before deleting them to be able to provide evidence of previously given consent. The processing of this data is limited to the purpose of potential defense against claims. An individual request for deletion is possible at any time, provided that the former existence of consent is confirmed.
Hosting and Email Delivery
The hosting services used by finbalanced serve the provision of the following services: infrastructure and platform services, computing capacity, storage space, and database services, email delivery, security services, and technical maintenance services that finbalanced uses for the operation of this online offering.
In this context, finbalanced, or our hosting provider, processes inventory data, contact data, content data, contract data, usage data, meta, and communication data of customers, prospects, and visitors of this online offering based on our legitimate interests in providing this online offering efficiently and securely in accordance with Art. 6(1)(f) of the GDPR in conjunction with Art. 28 of the GDPR (conclusion of a data processing agreement).
Google is certified under the Privacy Shield Agreement, which guarantees compliance with European data protection laws (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on behalf of finbalanced to evaluate the users' use of our online offering, compile reports on website activity, and provide other services related to the use of the online offering and internet usage to finbalanced. The processed data may be used to create pseudonymous user profiles.
finbalanced only uses Google Analytics with IP anonymization enabled. This means that the IP address of users within the member states of the European Union or other parties to the Agreement on the European Economic Area will be shortened by Google. Only in exceptional cases will the full IP address be transmitted to a Google server in the United States and shortened there.
The IP address transmitted by the user's browser is not merged with other data from Google. Users can prevent the storage of cookies by adjusting their browser settings accordingly. Furthermore, users can prevent the collection of data generated by the cookie and related to their use of the online offering and the processing of this data by Google by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
The users' personal data will be deleted or anonymized after 14 months.
We have integrated the Mixpanel service into our website in order to continuously develop and improve our website and finbalanced services in a customer-centric manner, based on the resulting usage statistics. Mixpanel is a web analytics service provided by Mixpanel, Inc., located at 405 Howard St, Floor 2, San Francisco, CA 94105, USA. Mixpanel places a persistent cookie on your device, which captures your user behavior on the website. This data is analyzed by Mixpanel and shared with us. It provides us with insights into the overall usage of the website and enables us to make decisions on necessary or beneficial changes to enhance user-friendliness. Accordingly, the legal basis for processing this data is Article 6(1)(f) of the GDPR, based on our legitimate interest in evaluating website traffic to improve your user experience and optimize the website in general.
Mixpanel is certified under the EU-US Privacy Shield and Swiss-US Privacy Shield, ensuring the protection of data transfers outside the European Economic Area.
Integration of Third-Party Services and Content
Based on legitimate interests (i.e., interest in analyzing, optimizing, and operating our online offering in accordance with Art. 6(1)(f) of the GDPR), finbalanced incorporates content or service offerings from third-party providers to embed their content and services, such as videos or fonts (collectively referred to as "content").
This always requires the third-party providers of this content to perceive the IP address of users, as they would not be able to send the content to their browsers without the IP address. The IP address is therefore necessary for the display of this content. finbalanced strives to only use content from providers who use the IP address solely for the delivery of the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the users' device and may include technical information about the browser and operating system, referring websites, visit time, as well as other information about the use of the online offering and may be combined with such information from other sources.