Contact:
Bearter GmbH
Turmburggasse 7/5 1060 Vienna
01 / 00000-0
privacypolicy@bearter.com
Imprint
Status: September 2023
1 Privacy Policy
1.1 Who we are (responsible party)
1.2. collection and processing of data
1.3 What do we use personal data for?
- data protection
2.1 What is personal data?
2.2 How do we obtain personal data about you?
2.2.1. personal data that you provide to us
2.2.2. data processing in connection with the use of the PayLivery service
2.2.3. data processing in connection with the use of bearter home loans
2.2.4. personal data collected through the use of the services
2.3. how do we use the information about you?
2.3.1. … to conclude contracts with you and to provide our services in the best possible way
2.3.2. … to compile statistics and market trends
2.3.3. … To personalize services
2.3.4. … … to serve and measure relevant advertising
2.3.5. … … to send e-mail marketing and newsletters
2.3.6. … to comply with legal obligations
2.4. on what legal basis do we process your personal data?
2.5. how long do we store your personal data?
2.6. which personal data do we share with whom?
2.7 What rights do you have as a data subject under data protection law?
2.8 Analysis tools used
2.9. special information about the privacy of children
2.10. Changes to the privacy policy
3. cookies
3.1 What is a cookie?
3.2 Why does willhaben use cookies?
3.3 Types of Cookies
3.3.1. after expiration (validity)
3.3.2. by creator of the cookie
3.3.3. by purpose of use
3.4 Consent Management Platform (CMP)
3.5. managing cookies through the web browser
4. data access and data security
- privacy policy
The protection of your personal data is important to us at bearter.com Therefore, we process your personal data exclusively in accordance with the provisions of the General Data Protection Regulation (GDPR), the Data Protection Act (DPA), the Telecommunications Act (TKG), the E-Commerce Act (ECG) and other relevant provisions. In the following, we inform you about who we are and about the type, scope and purpose of the processing of your personal data, as well as the rights to which you are entitled under data protection law.
1.1 Who we are (responsible party)
Unless otherwise stated below, the data controller for the processing of your personal data is bearter GmbH, Turmburggasse 7/5 Vienna, Tel. 000000-0, hereinafter referred to as „bearter“ or „we“.
For any inquiries and information regarding data protection at bearter our data protection officer will be happy to assist you at any time by mail at the above address with the addition of „data protection“ or by e-mail to privacypolicy@bearter.com.
1.2 Collection and processing of data
We process the personal data that you provide to us by using our website (including all sub-sites) and apps or as a user and/or customer by providing information, either in the context of mere browsing, an ad placed, an inquiry or message, a contract or a communication.
The purposes of the processing primarily include the provision of the services that you can access at www.bearter.com. We offer the following services:
– We operate an ad platform for materials for real estate, car&Motor, jobs and marketplace.
– In the different areas the purpose of the automation-supported data processing is the provision of an Internet platform so that advertisers can offer real estate objects such as houses, apartments, land, etc. to third parties.
– The purpose of computer-assisted data processing in the Marketplace area is to provide an Internet platform for the display of used and new products and services between sellers and interested parties.
– In the „willhaben home loans“ area, willhaben offers loan applicants the opportunity to obtain individual offers for mortgage loans and to broker mortgage loans. In this context, bearter acts as an unaffiliated credit intermediary within the scope of commercial investment advice, limited to the brokerage of mortgage and personal loans, and processes all data required for a credit decision by the financial institutions.
– Other purposes of data processing are the provision, troubleshooting and improvement of our services, recommendations and personalization of features, products and services, communication with you, compliance with various legal requirements (such as in connection with billing and contract data), for verification in case of claimed rights or obligations (for example, in case of death), administration, maintenance of security, fraud prevention, as well as the ongoing improvement of the services at www.willhaben.at or in the mobile applications.
A company that processes data on behalf of bearter is called a processor. When we work with processors, we ensure that we have order processing agreements that set out how data can be processed. Generally, such an agreement regulates that the processor may only process personal data on behalf of bearter and for clearly defined purposes.
1.3 What do we use personal data for?
We use data to operate the Platform, to fulfill contracts entered into with us, for user administration, to provide products and services, to maintain and continuously improve security, and to provide you with relevant and personalized services, advertising and marketing communications. We also process personal data to provide you with support services and to detect, prevent, contain and investigate fraudulent or unlawful activity on our Platforms.
- data protection
2.1 What is personal data?
Personal data is information that can be linked to a natural person. This can be, for example, the name, place of residence, telephone number, e-mail address, IP address or a combination of these, which makes it possible to find out who is behind the data.
Processing of personal data is the use, collection, registration, compilation, storage and disclosure or a combination thereof.
2.2 How do we obtain personal data about you?
In short, most of the personal data processed about you is data that you provide to us by creating a profile on bearter, that is generated during contract execution or communication, or that is generated when you use our services. This may include, for example, page views and information about your terminal device.
We receive personal data in various ways:
2.2.1 Personal data that you provide to us
When you register on our platform, you provide us with some personal data about yourself, such as first name, last name, gender, address, phone number or your email address. Mandatory information is only first name, email address and phone number. This information is stored in our databases to provide the service you ordered, to improve our services but also to prevent fraud. If you do not wish to provide the mandatory information, registration on our platform is not possible.
We also store information when you contact us, for example when you send us an email to support or use the contact form, so that we can answer your questions.
Likewise, we process personal data that you generate when you place an ad, make inquiries to the advertiser, and communicate with us. We also process data that you submit to us when updating your account, your ad, and in chat.
2.2.2 Data processing in connection with the use of the PayLivery service
2.2.3 Personal data collected through the use of the Services.
We collect information about your interaction with our Services. When you use our Services, we collect information about what ads you serve or view, what Services you use, and how you use them. This allows us to improve our Services, prevent fraud, and customize content and ads to your preferences. The information can be divided into the following types:
- Technical information about your terminal device and internet connection.
Through server logs and other tools, we collect information about the end device you are using and how it connects to our Services, such as operating system, browser version, IP addresses or cookies. Example of use: We adapt the display of our services to the device you are using, e.g. to access the mobile version of bearter when using a cell phone.
- Information we process when you use our services
When you use our services, this activity is automatically detected in our measurement tools. We use this information, among other things, to improve our Services and to provide content tailored to your usage.
2.3 How do we use information about you?
In short, we use the personal data we collect to provide, analyse and improve our services. To increase the security of our platform and to ensure that you get the best possible experience on bearter. In addition, we use pseudonymised data to create advertising target groups.
bearter is constantly working to provide you with the best possible experience of our services.
For this purpose we use personal data,…
2.3.1. … in order to conclude contracts with you and to provide our services in the best possible way.
bearter processes personal data and other forms of data in order to provide the services agreed with you. We also use data to ensure, among other things, the best possible user experience, automatic login, customisation of the content view of your screen and fast loading of pages for you.
2.3.2. … to compile statistics and market trends
We develop statistics and market trends to improve and develop our websites and products.
2.3.3. … To personalise services
We want to give you the opportunity to receive tailored content and customisation. To do this, we use data about your user behaviour and preferences. This can tell us about your needs and wants and we can make recommendations to you about content or services based on your user behaviour.
2.3.4. … To serve and measure relevant advertising.
We want to show you ads that interest you and measure how effective these ads are. To do this, we use information about you and your user behaviour. The information we have also allows us to control how often an advert is displayed so that you are not repeatedly presented with the same offers.
2.3.5. … to send e-mail marketing and newsletters
If you have registered as a user with bearter, you have an active contractual relationship with us. If you purchase services or products from us, we have a legitimate interest in sending you news and information about our products and services by e-mail (e.g. newsletter) if the following conditions are met:
– your email address was collected in connection with the purchase of a service or product; and
– you had the opportunity to opt-out, free of charge and without difficulty, when the email address was collected; and
– you have the opportunity to opt-out, free of charge and without difficulty, from each mailing; and
– the sending is for direct marketing of your own similar products; and
– you are not registered in the so-called „ECG list“.
In all other cases, newsletters will only be sent to you if we have your consent. We also provide you with the option to unsubscribe in each newsletter.
2.3.6. … to comply with statutory legal obligations
willhaben has the legal obligation under the „Digital Digital Platforms Reporting Act“ (DPMG) to report the data provided by the seller:in, together with the together with the data available to willhaben on the transactions of the seller:in in the calendar year in question (e.g. number of sales, total of sales proceeds) to the Austrian Tax Office in due time after the end of the year. report. This obligation applies to willhaben if the seller:in exceeds the threshold of 30 transactions or transaction value of EUR 2000 in the calendar year in question.
2.4 On what legal basis do we process your personal data?
– Pre-contractual measures, contract acceptance and fulfillment pursuant to Art 6 para 1 lit b DSGVO, so that we can process your inquiry or order, for example.
– Consent according to Art 6 para 1 lit a DSGVO in the context of registration.
– Pre-contractual measures, contract acceptance and fulfillment pursuant to Art 6 para 1 lit b DSGVO, so that we can, for example, process your inquiry or order.
– Legal obligation according to Art 6 para 1 lit c DSGVO, e.g. for the storage of order documents or invoices (business correspondence).
– Legitimate interest according to Art 6 para 1 lit f DSGVO especially for marketing and advertising.
2.5 How long do we store your personal data?
bearter will only store your personal data for as long as it is necessary for the fulfilment of the above-mentioned purposes and the provision of the services requested or booked by you, or for other necessary purposes, such as the fulfilment of our legal obligations, the settlement of disputes and the enforcement of our legal position/defence of our legal position as well as our General Terms and Conditions. Your personal data will be deleted or anonymised when it is no longer relevant for the purposes stated and there are no longer any retention obligations. The following factors can typically have an impact on the retention period:
– Existence of an active account with bearter, additional (paid) services booked, communication with us regarding contracts concluded, etc.
– The type of data also has an influence on the retention period. For example, we are legally obliged to retain contract documents and invoices for 7 years.
2.5 How long do we store your personal data?
Bearter will store your personal data only as long as it is necessary for the fulfillment of the above-mentioned purposes and the provision of the services requested or booked by you, or for other necessary purposes, such as the fulfillment of our legal obligations, the settlement of disputes and the enforcement of our legal position/defense of our legal position as well as our General Terms and Conditions. Your personal data will be deleted or anonymized when it is no longer relevant for the purposes listed and also when there are no longer any retention obligations. The following factors can typically have an impact on the retention period:
– Existence of an active account at bearter, additional (paid) services booked, communication with us regarding contracts concluded, etc.
– The type of data also has an impact on the retention period. For example, we are required by law to retain contract documents and invoices for 7 years.
2.6 Which personal data do we share with whom?
Courts, authorities and legally authorized third parties
If there is a suspicion that a criminal offense has been committed in connection with the use of bearter’s services, the information may be disclosed to the authorities upon request.
We will not share, sell or transfer personal information in any way other than as described in this Privacy Policy.
Specifically, we may disclose personal information to third parties to comply with legal obligations, to enforce our TOS, to defend legal claims that an ad or other content on our sites or services violates the rights of third parties, or to protect the rights, property, or safety of third parties.
Furthermore, we may be required, for example, under the Security Police Act, the Code of Criminal Procedure, to disclose personal data to law enforcement authorities in connection with an investigation or suspicion of a criminal offense, an unlawful act or any other act from which bearter, you or another user may incur legal liability.
In this case, we will limit the disclosure for the purposes of the investigation to the data that we deem necessary, unless a legal obligation imposes specific requirements.
Likewise, we will disclose personal data to third parties authorized under the E-Commerce Act within the scope of the legal obligation and to the extent permitted by law.
2.7 What rights do you have as a data subject under data protection law?
As a data subject, you have various rights vis-à-vis bearter as the data controller. These rights serve to ensure the transparency of the processing of personal data. You as a data subject should be able to inform yourself and should also know whether, how, in what way and why we process your personal data.
Right to information
As a data subject, you have the right to receive information from us at any time about the personal data stored about you.
Right to rectification
As a data subject, you have the right to request that we correct any inaccurate personal data relating to you without undue delay. It is important that the personal data we hold about you is accurate and up to date. If you notice an error, we encourage you to correct it yourself in your user profile. If you are unable to do so, please notify us so that we can correct your information.
Right to deletion (right to be forgotten)
As a data subject, you have the right to have your personal data deleted without undue delay, unless there is a reason that prevents deletion. We inform you that a partial deletion of your personal data.
Right to restriction of processing
As a data subject, you have the right to request that we, as the controller, restrict processing if there is no compelling reason not to do so.
Right to data portability (Datenportbarkeit).
As a data subject, you have the right to receive your personal data, which you have provided to us, in a structured, common and machine-readable format. You also have the right to have us transfer this data to another controller, provided that the processing is based on consent pursuant to Art. 6(1)(a) DSGVO or Art. 9(2)(a) DSGVO or on a contract pursuant to Art. 6(1)(b) DSGVO and the processing is carried out with the aid of automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Right to object
If the processing is based on consent, you as the data subject have the right to withdraw your consent at any time. As a result, we may not further process your data – unless there is another legal basis for lawful processing. Such a revocation does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation. Insofar as we process your personal data for the purpose of direct marketing, you as the data subject have the right to object at any time to the processing of personal data for the purpose of such marketing, in which case no balancing of interests will take place.
Exercise of data subject rights
As a data subject, you can exercise all rights either at https://privacypolicy.bearter.com/ , by sending an email to privacypolicy@bearter.com or by letter, and also by using the contact form on the website. In order not to jeopardize the rights of third parties, we must ensure that the data subject rights are only exercised by the data subject. To ensure this, you must identify yourself and cooperate in the identification process.
If you believe that the processing of your personal data is not lawful, we would appreciate it if you would first seek direct contact with us at datenschutz@willhaben.at. Separately, you have the right to lodge a complaint with the data protection authority as the competent supervisory authority at https://www.dsb.gv.at/ .
2.8 Analysis tools used
We use analytics tools to collect information about how our services are used. For example, we measure the number of visitors, which pages are visited, how long a visit lasts, and the like. Statistics about users and traffic are used in aggregate form, so the statistics do not contain information that can be linked to you as an identified individual. However, information about product usage is linked to personal information in certain contexts in order to provide you with good customer service and targeted communications. IP addresses and location data are used to compile statistics based on geographic criteria.
2.9 Special Privacy Notice for Children
bearter does not want to process personal data of persons under the age of 14.
If persons under the age of 14 have nevertheless provided us with personal data, we will delete the data as soon as we become aware of this.
2.10. Changes to the privacy policy
We will regularly update this Privacy Policy for bearter to reflect changes to our products and services. The validity of the current version is always stated immediately after the contact details in the header.
- cookies
3.1 What is a cookie?
Cookies are small text files that allow the recognition of the user and an analysis of his use of our website. We use cookies on our website to make it more user-friendly and to provide you, the user, with customized content. Cookies are partly necessary for the use of our website.
3.2 Why does bearter use cookies?
We use cookies to provide you with relevant information when you visit our website or use our services.
Furthermore, we use cookies to simplify and improve our services and to measure traffic and compile statistics.
In addition, we may use third-party cookies to measure and analyze traffic and visitor behavior on our websites, to create target groups for marketing purposes, or to improve the functionality of the Services.
3.3 Types of cookies
There are different types of cookies, which can be classified in different ways.
3.3.1 After expiration (validity)
- Transient cookies (session cookies) – Contain only data from your current visit. When you end your browsing session, these cookies are deleted from your device. For example, if you close all open browser windows or turn off the device completely, the session-based cookies will be deleted automatically.
- Persistent cookies – These cookies are automatically deleted after a specified period of time, which may vary depending on the cookie. You can delete the cookies in your browser settings at any time (see „Managing cookies through your web browser“).
3.3.2 By creator of the cookie
- First Party Cookies – These are set directly by bearter itself. This enables us to ensure that the website functions as it should and provides the best possible experience for you as a user.
- Third party cookies – These are not set by bearter, but by another provider. The third-party provider, usually an advertiser, can use such cookies to track a user’s visits to all pages on which the third-party provider’s advertising is displayed, e.g. also on the pages of bearter. The website being visited has no influence on the third-party providers or their cookies; they also change – depending on the advertising medium. Some browsers allow you to specifically block cookies from third-party providers.
In addition, we use third-party cookies to measure and analyze traffic and usage of our websites, to understand browsing behavior, to create target groups for marketing purposes, to simplify ad management and to improve the functionality of our websites and services.
3.3.3. according to intended use
- Functionality cookies – These cookies are necessary to fully use our products and their functionalities. This can be, for example, saving your input in form fields (so that you do not have to fill them out more than once) or saving your geographic location or saving user preferences. The information collected by functionality cookies relates only to the website visited, but no information is collected about browsing on other websites. Rejecting these cookies may result in you not having full functionality.
- Performance or web analytics cookies – These cookies collect information about the usage habits of visitors to a website or app anonymously, i.e. without it being possible to draw any conclusions about the individual user. Such information may include, for example, the time of day when the most hits occur or which (sub)pages are visited most frequently. This information is aggregated and evaluated using performance or web analytics tools, with the purpose of gaining insights into the use, functionality and user-friendliness of websites or apps and being able to develop them further on an ongoing basis.
- Marketing/advertising – These cookies are used to draw conclusions about the interests and needs of users on the basis of an analysis of their surfing behavior and to be able to segment users with the same or similar interests and needs (target groups). Based on this, advertising can be played out to the users assigned to a specific target group (targeting). This is usually done by means of tools provided by special service providers (e.g. ad servers for the marketing of online advertising spaces; data management platforms for the administration of user data).
In addition, these cookies are used to control (especially limit) the frequency of advertising and to measure the effect or efficiency of campaigns. Via advertising networks, cookies from third-party providers may also be used here, which they use in connection with their services. Such cookies determine whether the user has visited a website and transmit this information to the third-party provider, where it can be linked to the functionalities provided by other organisations. Furthermore, special targeting cookies enable the provision of advertising to the users of the social networks.
- Social media cookies – Social media plug-ins are integrated on the bearter pages in order to be able to recommend and share ads on social networks, for example Facebook, Twitter, Google+. We use a two-stage procedure for this. Data is only transmitted to third parties when you, as a user, click on one of the icons displayed in the social media bar. bearter has no influence on cookies set by Facebook, Twitter, Google+, etc., nor does bearter have access to them.
3.4 Consent Management Platform (CMP)
Via the Consent Management Platform (CMP) on our website, in addition to the settings options in your web browser, you can allow or reject cookies specifically for our services according to the following categories:
Consent Management Platform
Ad selection, placement and evaluation
Collecting information and linking it to previously collected information to select and serve ads to you and to evaluate the serving and effectiveness of those ads. This includes using previously collected information about your interests to select ads, process data about which ads were displayed, how often they were displayed, when and where they were displayed and whether there was any action on your part in response to the ad, such as clicking on an ad or making a purchase. This does not include personalisation, which is the collection and processing of information about your use of this service in order to subsequently personalise advertising and/or content for you in other contexts.
Content selection, placement and evaluation
Collecting information and linking it to previously collected information to select and serve content to you and to evaluate the serving and effectiveness of that content. This includes using previously collected information about your interests to select content, process data about what content was displayed, how often it was displayed, when and where it was displayed and whether there was any action on your part in response to the content, such as clicking on content. This does not include personalization, which is the collection and processing of information about your use of this service to subsequently personalize content and/or advertising to you over time in other contexts, such as websites or apps.
Evaluation
The collection of information about your use of the Content and linking it to previously collected information used to evaluate, understand and report on your use of the Service. This does not include personalization, which is the collection and processing of information about your use of this service in order to subsequently personalize content and/or advertising to you over time in other contexts, i.e. other services such as websites or apps.
Personalization
The collection and processing of information about your use of this service in order to subsequently personalize advertising and/or content to you in other contexts, for example on other websites or apps, over time. Typically, the content of the site or app is used to enable conclusions to be drawn about your interests, which will guide future selection of advertising and/or content.
Storage and access to information
Storing or accessing information already stored on your device, such as advertising identifiers, device identifiers, cookies and similar technologies.
3.5 Managing cookies through your web browser
You can choose whether or not to accept cookies through the settings in your browser. Here you can usually specify whether you accept cookies from the websites you visit, from third parties connected to the websites and, if you wish, be notified each time a new cookie is stored.
The exact procedure depends on your terminal device and the browser used. If you do not want cookies to be stored on your computer, you can prevent this by changing the settings in your browser. There are also special services that you can install as a plug-in in your browser to manage or block cookies.
4 Data access and data security
Access to the data disclosed or accrued through the use of the services offered shall only be granted to the respective employees involved in the processing and the process. These persons are subject to a confidentiality obligation.
The data is protected against unauthorised access by, among other things, encrypted transmission, encrypted storage, a role authorisation concept, a data security concept and physical protection measures for the servers, whereby our service provider is certified according to ISO 9001 and ISO 27001. We continuously revise our security measures and adapt them in line with technological progress and development.