PRIVACY POLICY Information on Data Processing according to Articles 13 and 14 of the General Data Protection Regulation (GDPR)
We hereby inform you about the processing of your personal data and the data protection claims and rights to which you are entitled. The content and scope of data processing primarily depend on the products and services requested or agreed upon by you. The protection of your personal data is of utmost importance to us.
- Who is responsible for data processing and who can you contact?
EXECUTIVE ROTOR LLC
838 Walker Road Suite 21-2
Dover, DE 19904 USA
office@executiverotor.com
2. What data is processed and from what sources do these data originate?
Personal data includes your personal details and contact information (name, address, date and place of birth, nationality, etc.), data on identity and travel documents (e.g., signature samples, identification data). Additionally, this may include financial transaction data (e.g., payment orders), data on marketing and sales, image and/or audio recordings (e.g., ID photo), electronic protocol and identification data (e.g., apps, cookies, etc.), or financial identification data (data from credit, debit, or prepaid cards), as well as other data comparable to the categories mentioned. We process personal data that we receive from you in the course of the business relationship. Additionally, we process data that we have lawfully obtained from publicly accessible sources (e.g., commercial register, association register, media) or that have been lawfully transmitted to us by other third parties.
Applications If you apply to us in writing, via email, or through a contact form, your personal data will be processed by us for the purpose of initiating the employment relationship. Should we wish to process your data for other purposes, we will separately request your consent. This may include maintaining records to use your data for future similar job postings. Your personal data will generally be deleted 12 months after the end of the application process, unless you have expressly stated that we may keep your documents on file. If you accept the position for which you have applied, we will process your personal data provided during the application process within the scope of the employment relationship and only for as long as legal regulations require retention.
Contact via Form, Email, or Telephone When contacting us via form, email, or telephone, your provided personal data (especially salutation, name, email, optionally customer number, telephone number, and the matter communicated by you) will be collected for processing the contact request and its handling as part of fulfilling pre-contractual rights and obligations according to Article 6(1)(b) GDPR. The processing of your data is necessary for processing and responding to your request; otherwise, we may not be able to respond to your request or only to a limited extent. Without your consent (Article 6(1)(a) GDPR), your request will not be forwarded to third parties (such as the manufacturer). We will delete your request and contact details if your request has been finally answered after 12 months.
Newsletter On our website, we offer the option to subscribe to a newsletter. Our newsletter contains customized, interest-based, and targeted information about our products or services, as well as accompanying information, offers, or promotions. With your voluntarily given consent to be contacted for marketing purposes by us, your provided email address and name will be processed by us for the purpose of sending the respective subscribed newsletter as direct marketing material by email in accordance with § 174 TKG. Consent to our newsletter is given in a so-called double opt-in procedure, meaning that after registration, you will receive an email asking you to confirm your registration. This confirmation is necessary to prevent anyone from signing up with a third-party email address. Newsletter registrations are logged based on our legitimate interest in verifiability according to Article 6(1)(f) GDPR. This includes storing the registration and confirmation times, as well as the IP address. Likewise, changes to your stored data are logged. The sending of the newsletter is based on your consent according to Article 6(1)(a) GDPR, or if consent is not required, on the basis of our legitimate interests in direct marketing for similar products and services according to Article 6(1)(f) GDPR in conjunction with § 174 TKG. You can unsubscribe from our newsletter at any time with future effect via the “Unsubscribe” link in the newsletter or also under the “Account Information” section in your user account. You can also revoke your consent by sending an email to the address provided in the imprint.
Orders via the Webshop We collect and process your data provided during product ordering in the online shop (with or without registration), or, if applicable, the data of third parties provided by you (in case of different billing/delivery addresses), such as name, date of birth, delivery/pick-up and billing address, shopping cart, order content, invoice data, payment data, etc., for the purpose of selecting and ordering the chosen products and/or services, as well as their payment and delivery or execution. Additionally, we process the aforementioned order data for conducting evaluations for marketing purposes (such as sending any subscribed newsletters). The processing is carried out for the fulfillment of the contract based on Article 6(1)(b) GDPR and furthermore based on Article 6(1)(c) GDPR to fulfill legal retention obligations based on commercial and tax regulations, as well as based on our legitimate marketing interest according to Article 6(1)(f) GDPR. The mandatory information for contract fulfilment is specifically marked during input in our shop system or we personally inform you about it. We only transmit the data to third parties for the provision of our services (e.g., to involved transport or other auxiliary services such as subcontractors or telecommunication services), for processing payment transactions (e.g., to banks, payment service providers, tax authorities, or -consultants), or within the scope of our legal rights and obligations, as well as within the scope of our legitimate interest in appropriate legal enforcement according to Article 6(1)(f) GDPR towards legal advisors, courts, and authorities as necessary. The data is only processed in third countries if this is absolutely necessary for contract fulfillment (e.g., at the customer’s request during delivery or payment) and adequate data protection guarantees are in place. Furthermore, any other transfer of data to third parties only occurs with your explicit consent according to Article 6(1)(a) GDPR. The deletion of the data takes place after the expiry of statutory warranty and liability obligations or other contractual or legal duties.
Reviews & Feedback When users leave reviews, the associated product, the review, the title of the comment, the comment itself, the creation date, the name, and the IP address of the creator are stored. This is done for the security of the provider in case someone writes unlawful content in comments and posts (insults, prohibited political propaganda, etc.). In this case, the provider can be held liable for the comment or post and is therefore interested in the identity of the author. We delete or anonymize the collected data as soon as it is no longer needed for the purposes for which it was collected or processed or if further storage is no longer necessary due to other legal obligations. The data processing is based on your consent according to Article 6(1)(a) GDPR. You have the right to revoke your consent at any time with effect for the future free of charge. You can also revoke your consent by sending a corresponding email to the address provided in the imprint.
Contests In connection with contests offered by us, your provided data is only used for the execution of the contest and deleted thereafter, unless you give us your express consent for another use on an occasion-specific basis. Further information can be obtained from the respective contest.
3. For what purposes and on what legal basis are the data processed?
We process your personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the Data Protection Amendment Act 2018:
• To fulfil contractual obligations (Art 6(1)(b) GDPR): Processing of personal data (Art 4 No. 2 GDPR) is carried out for the provision, mediation, and execution of our contracts with you and for the implementation of pre-contractual measures. The purposes of data processing primarily depend on the specific product (e.g., travel, travel insurance) and may include needs analyses and advice. The specific details regarding the purpose of data processing can be found in the respective contract documents and terms and conditions.
• To fulfill legal obligations (Art 6(1)(c) GDPR): Processing of personal data may be necessary to fulfill various legal obligations (e.g., especially Package Travel Act, General Terms and Conditions for Travel (ARB 92), Consumer Protection Act, Travel Insurance Act, etc.). Examples of such cases include forwarding customer and travel data to service providers such as airlines, reservation systems, hotels, tour operators, etc., as well as forwarding messages, requests, etc., from travelers to service providers and vice versa.
• Based on your consent (Art 6(1)(a) GDPR): If you have given us consent to process your personal data for specific purposes (e.g., sharing data within the group, analyzing travel data for marketing purposes, conducting needs analysis and direct customer contact), processing will only take place in accordance with the purposes specified in the consent declaration and to the extent agreed therein. Consent given can be revoked at any time with effect for the future.
• To safeguard legitimate interests (Art 6(1)(f) GDPR): Where necessary, data processing may extend beyond the actual fulfilment of the contract to safeguard the legitimate interests of Executive Rotor LLC or a third party through a balance of interests. Data processing for the following purposes falls within safeguarding legitimate interests: • Advertising or market and opinion research, provided that you have not objected to the use of your data in accordance with Art 21 GDPR;
• Measures for business control and further development of services and products;
• Within the scope of legal enforcement;
• Assertion of legal claims and defense in legal disputes;
• Ensuring IT security and IT operation of Executive Rotor LLC.
4. Who receives my data?
Within Executive Rotor LLC, only those departments or employees receive your data who need it to fulfil contractual and legal obligations as well as legitimate interests. In addition, data processors commissioned by us (especially IT service providers, back-office service providers, or telecommunications service providers) receive your data if they need the data to fulfil their respective services. All data processors are contractually obligated to treat your data confidentially and to process it only within the scope of service provision. In the event of a legal obligation, public authorities and institutions (e.g., courts, etc.) may be recipients of your personal data. Recipients of personal data in this context may include platforms, credit and financial institutions, or comparable institutions to which we transmit data for the purpose of conducting the business relationship with you, or other companies within the group associated with Executive Rotor LLC due to regulatory or legal obligations. Other data recipients may be those entities for which you have given us your consent to transfer data. Transfer to Third Countries, data transfer to third countries (countries outside the European Union – EU or the European Economic Area – EEA) only takes place if it is necessary for the execution of your orders, legally required, you have given us your consent, or one of the exceptions under Articles 44 ff GDPR is fulfilled. Data transfer to third parties for purposes other than those listed in this privacy statement does not occur.
5. How long will my data be stored?
We process your personal data for the duration of the entire business relationship (from initiation, processing to termination of a contract), for the exercise, defence, or assertion of legal claims, as well as in accordance with the legal retention and documentation obligations, which arise, among other things, from the Austrian Commercial Code (UGB), the Federal Fiscal Code (BAO), and the Austrian Civil Code (ABGB).
6. To what extent is there automated decision-making?
We generally do not utilise fully automated decision-making processes according to Article 22 of the GDPR for the establishment and execution of the business relationship. If we were to employ such procedures in individual cases, we would inform you separately, if required by law.
7. Does profiling occur?
We partially process your data automatically with the aim of evaluating certain personal aspects (profiling). For example, we use profiling to inform you about
products in a targeted manner. We employ evaluation tools that enable us to conduct customized communication and advertising, including market and opinion research.
8. Am I obligated to provide data?
Within the scope of the business relationship, you must provide the personal data that is necessary for the establishment and execution of the business relationship and which we are legally obligated to collect. If you do not provide us with this data, we will typically have to refuse to conclude the contract or execute the order, or we may need to terminate an existing contract. However, you are not obliged to give your consent to the processing of data that is not relevant for the performance of the contract or not legally required.
9. What data protection rights do I have?
You are entitled under applicable law to request information at any time, which includes obtaining information about your stored personal data, its origin, recipients, and the purpose of data processing. Furthermore, you have the right to rectify, transfer, restrict, or delete this data. Under certain circumstances, you also have the right to object to the processing of your personal data or to revoke your previously given consent for processing. Processing based on consent only occurs in accordance with the purposes and scope specified in the consent declaration. The revocation of consent does not affect the lawfulness of processing carried out before the withdrawal. If you believe that the processing of your data violates data protection regulations, we ask you to contact us using the contact details provided in the imprint so that we can clarify your concerns. Your right to lodge a complaint with the supervisory authority responsible for you remains unaffected (for example, via email to dsb@dsb.gv.at).