Privacy policy

Last updated: May 14, 2024

At BORA, data protection is our top priority. With the help of this privacy policy, we would like to inform all persons who use this website about the type, scope and purposes of the processing of personal data.

General

General information

Thank you for your interest in the information on our website!

With the help of this privacy policy, we would like to inform all persons who use this website about the type, scope and purposes of the processing of personal data. Personal data in this context is all information with which you as a user:can be personally identified on our website (theoretically, possibly via detours or by linking various data), including your IP address. Information that is stored in cookies is generally not personal or only personal in exceptional cases; however, this is covered by a special regulation that makes the permissibility of the use of cookies - depending on their purpose - largely dependent on the active consent of the user.

In a general section of this privacy policy, we provide you with information on data protection that generally applies to our processing of data, including the collection of data on our website. In particular, you as the data subject will be informed about the rights to which you are entitled. We endeavor to provide this information in gender-neutral language. If individual formulations do not yet take this into account, we would like to point out that this information applies to all people of all genders.

The terms used in our privacy policy and our data protection practices are based on the provisions of the EU General Data Protection Regulation ("GDPR") and other relevant national legislation.

Responsible within the meaning of the GDPR

BORA Vertriebs GmbH & Co KG
Innstraße 1
6342 Niederndorf
Austria

bora.webcare@bora.com

Data protection officer: Mr. Bernhard Johne

Other companies in the BORA Group are

BORA Lüftungstechnik GmbH
BORA Service GmbH
BORA Holding GmbH
werkhaus GmbH & Co KG

Data collection on our website

On the one hand, personal data is collected from you if you expressly provide it to us; on the other hand, data, in particular technical data, is collected automatically when you visit our website. Some of this data is collected to ensure that our website functions correctly. Other data may be used for analysis purposes. However, you can generally use our website without having to provide any personal data.

Making contact

When you contact us, your data will be used to process the contact request and its handling as part of the fulfillment of pre-contractual rights and obligations. The processing of your data is necessary to process and respond to your inquiry, otherwise we will not be able to respond to your inquiry, or only to a limited extent. The data may be stored in a customer and prospect database on the basis of our legitimate interest in direct marketing.

We will delete your inquiry and your contact data if your inquiry has been conclusively answered and there are no statutory retention periods to prevent deletion, e.g. in the context of subsequent contract processing. This is usually the case if there has been no further contact with you for three years.

When you register for our email newsletter, you give your consent to be contacted for advertising purposes in the form of newsletters. The legal basis for data processing is your consent in accordance with Art. 6 para. 1 lit. a) GDPR and our legitimate interest in accordance with Art. 6 para. 1 lit. f) GDPR.
When you register for the newsletter, we store your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your e-mail address at a later date. You can unsubscribe from the newsletter at any time via the link provided in the newsletter or by sending a corresponding message to the controller named at the beginning. Once you have unsubscribed, your e-mail address will be deleted from our newsletter mailing list immediately, unless you have expressly consented to further use of your data or we reserve the right to use your data for other legally permitted purposes.

The data of newsletter subscribers is logged, as we are obliged to be able to prove registrations. For technical reasons, this information is stored on a personalized basis for each subscriber. The data is not used to monitor individual users, but to adapt the content of the newsletter to the subscriber.

WhatsApp Newsletter

To send newsletters, we use the instant messaging service WhatsApp Business from WhatsApp LLC, 1601 Willow Road Menlo Park, California 94025, USA via the service provider Sendinblue GmbH, Köpenicker Straße 126, 10179 Berlin.

Registration for the WhatsApp newsletter takes place using the double opt-in procedure. After registering via a CTA or QR code, you will be sent a message asking you to confirm that you would like to receive news from us via WhatsApp.

You can pause the receipt of WhatsApp messages at any time with the "Stop" message.

The only mandatory information for sending the newsletter is your telephone number. After your confirmation, your telephone number will be forwarded to our Sendinblue GmbH for the purpose of sending the newsletter and will be processed and stored there. The legal basis is Art. 6 para. 1 sentence 1 lit. a GDPR.

If you communicate with us via WhatsApp, certain data that you share with the app will be stored and processed by WhatsApp. In particular, this includes information provided by the user such as messages, photos, videos, billing data and stored profile pictures. WhatsApp states that this data is only stored end-to-end encrypted. Some metadata is collected by WhatsApp without encryption. This includes phone number, location, IP address, information about your device, type and frequency of app use, location and information about the time and recipient of the messages you send. According to WhatsApp's privacy policy, this information is sometimes shared with other meta-companies, including Facebook and Instagram, which are based in the USA. In some cases, such data is also shared with external companies, service providers or partners.

Data processing can also take place in the USA. In the opinion of the European Court of Justice, an adequate level of data protection cannot currently be assumed in the USA.

WhatsApp uses so-called standard contractual clauses in accordance with Art. 46 (2) and (3) GDPR (eur-lex.europa.eu/eli/dec_impl/2021/914/oj) as the basis for processing or transferring data to countries outside the EU. Through these clauses, WhatsApp undertakes to comply with the EU data protection standard when processing your data, even if the data is transferred to third countries such as the USA and processed and stored there. You can find out more about this in WhatsApp's privacy policy at https://www.whatsapp.com/legal/privacy-policy-eea/?locale=de_DE

Electronic direct marketing without consent

To the extent permitted by law, we use your e-mail address, which we have received in connection with the sale of a product or service, for direct advertising of similar goods or services. You can object to the use of your e-mail address for direct advertising at any time with effect for the future. The legal basis for data processing is Art. 6 para. 1 lit. f) GDPR and Art. 7 para. 3 GDPR.

Personalized communication can take place on the basis of an evaluation of the following information:

Previous purchases
Click and surf behavior, e.g. in the online store or other online presences of BORA
Products in possession
Surveys (insofar as these are not anonymous)
Customer feedback
Socio-demographic information, if available

Advertising communication by post

We also send information about our products and current sales promotions by post. You can object to receiving mailings by post or email at any time.

Purpose: promotional communication
Category: Marketing
Recipient: EU
Processed data: Usage data, inventory data, address and contact data
Legal basis: Art. 5 para. 2 GDPR and Art. 6 para. 1 lit. f

Microsoft Bookings - Online appointment booking

We collect and process personal data for the online booking of meeting appointments. We use the "Microsoft Bookings" service from Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA. The connection to the service is only established when you access the online booking function via a button on our website.
Legal basis: Consent, Data Privacy Framework, www.dataprivacyframework.gov/s/participant-search/participant-detail

We would like to point out that you are not obliged to use Microsoft Bookings to make an appointment. If you do not wish to use the service, please use another of the contact options offered to make an appointment. The legal basis for data transmission, storage and processing is your consent in accordance with Art. 6 para. 1 lit. a GDPR.

The data will be deleted as soon as it is no longer required for the purpose for which it was collected. You have the option of withdrawing your consent to data processing or objecting to the use of the data at any time. In this case, the intended contact with the user is no longer possible or communication that has already begun can no longer be continued.

Further information on the handling of user data by Microsoft can be found at privacy.microsoft.com /privacystatement.

Online applications via a form

On our website, we offer job applicants the opportunity to apply online using a corresponding form. In order to be included in the application process, applicants must provide us with all the personal data required for a well-founded and informed assessment and selection via the form.
The required information includes general personal details (name, address, telephone or electronic contact details) as well as performance-specific proof of the qualifications required for a position. In addition, health-related information may be required, which must be given special consideration under labor and social law in the interest of the applicant's social protection.

When the form is sent, the applicant data is transmitted to us in encrypted form in accordance with the state of the art, stored by us and evaluated exclusively for the purpose of processing the application. The
legal basis for this processing is generally Art. 6 para. 1 lit. b GDPR in conjunction with Art. 26 para. 1 BDSG. § Section 26 (1) BDSG, in the sense of which the application process is considered to be the initiation of an employment contract.
Insofar as special categories of personal data within the meaning of Art. 9 para. 1 GDPR (e.g. health data such as information on severely disabled status) are requested from applicants as part of the application procedure, processing is carried out in accordance with Art. Art. 9 para. 2 lit. b. GDPR, so that we can exercise the rights arising from labor law and social security and social protection law and fulfill our obligations in this regard.
Cumulatively or alternatively, the processing of special categories of data may also be based
on Art. 9 para. 1 lit. h GDPR if it is carried out for the purposes of preventive health care or occupational medicine, for the assessment of the applicant's ability to work, for medical diagnostics, health or social care or treatment or for the management of health or social care systems and services.

If the applicant is not selected in the course of the evaluation described above or if an applicant withdraws their application prematurely, their data submitted on the form will be deleted after 6 months at the latest following a corresponding notification. This period is calculated on the basis of our legitimate interest in being able to answer any follow-up questions about the application and, if necessary, to comply with our obligations to provide evidence under the regulations on equal treatment of applicants. In
the event of a successful application, the data provided will be processed on the basis of Art. 6 para. 1 lit. b GDPR i.V.m. § Section 26 (1) BDSG for the purposes of implementing the employment relationship.

Social Media

Meta pixel

Provider: Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, parent company: Meta Platforms, Inc. (USA)
Purpose: Web analysis, tracking (conversion)
Category: Marketing
Recipient: EU, USA
Processed data: IP address, user data, details of the website visit
Data subjects: Users
Technology: JavaScript call, cookies
Legal basis: Consent, Data Privacy Framework, www.dataprivacyframework.gov/s/participant-search /participant-detail?id=a2zt0000000GnywAAC&status=Active
Website: www.facebook.com
Further information:
de-de.facebook.com/privacy/policy
https://de-de.facebook.com/business/help /742478679120153

Our website uses the meta pixel service of the social network Facebook for the analysis, optimization and economic operation of our online offering.

With the help of meta pixels, Meta is able to determine the visitors to our website as a target group for the display of personalized ads. Accordingly, we use meta pixels to display the advertisements placed by us only to those users who have also shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) that we transmit to Meta (so-called "custom audiences"). With the help of meta pixels, we also want to ensure that our meta ads correspond to the potential interest of users and are not annoying. With the help of meta pixels, we can also track the effectiveness of meta ads for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a meta ad (so-called "conversion").

Your actions are stored in one or more cookies. These cookies enable Meta to match your user data (such as IP address, user ID) with the data of your Facebook account. The data collected is anonymous and cannot be viewed by us and can only be used in the context of advertisements. You can prevent the link to your Facebook account by logging out before taking any action.

To set which types of advertisements are displayed to you within Facebook, you can go to the page set up by Meta and follow the instructions on the settings for usage-based advertising: https://www.facebook.com/settings?tab=ads

The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.

LinkedIn Insight Tag

Provider: LinkedIn Ireland Unlimited Company, Ireland, parent company: LinkedIn Corporation (USA)
Purpose: Conversion tracking, web analytics
Category: Marketing
Recipient: EU, USA
Processed data: IP address, website visit details, online-related data
Data subjects: Website visitors, LinkedIn users
Technology: JavaScript call, cookies
Legal basis: Consent, Data Privacy Framework, www.dataprivacyframework.gov/s/participant-search /participant-detail?id=a2zt0000000L0UZAA0&status=Active
Website: www.linkedin.com
Further information:
https://www.linkedin.com/legal/privacy-policy

www.linkedin.com/help/lms/answer/85787 www.linkedin.com/help/linkedin/answer/87150/linkedinmarketinglosungen-und-die-datenschutz-grundverordnung-dsgvo-

Our website uses LinkedIn Insight Tag, a web analysis service. This service records and analyzes LinkedIn users on our website. This gives us insights into our target groups. It also allows us to measure the attractiveness of our offers and services as well as the success of LinkedIn campaigns.

LinkedIn members also have the option to opt out of LinkedIn conversion tracking and to block and delete cookies or deactivate demographic features at www.linkedin.com/psettings/advertising/. In LinkedIn's settings, there is no separate opt-out option for third-party impressions or click tracking for campaigns that run on LinkedIn, as all underlying campaigns respect the settings of LinkedIn members.

The information collected by the LinkedIn Insight tag about the use of our website is encrypted. LinkedIn anonymizes the data within 7 days. The data is deleted again within 90 days. As the site operator, we do not receive any personal data, only reports on demographic information, information about the respective jobs for our target groups and the success of LinkedIn campaigns.

Pinterest Conversion Tracking (Marketing)

Provider: Pinterest Europe Ltd, Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland ("Pinterest")
Purpose: Tracking (Conversion)
Category: Marketing
Recipient: EU, USA (possible)
Processed data: IP address, details of the website visit
Data subject: Website visitor
Technology: JavaScript call, cookies
Legal basis: Consent
Website: www.pinterest.com
Further information: policy.pinterest.com/de/privacy-policy

Our website uses the conversion tracking service of the social network Pinterest of Pinterest Europe Ltd, Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland ("Pinterest").

This technology enables us to show our website visitors who have already shown an interest in our site and our content/offers and who are Pinterest members relevant advertisements and offers on Pinterest.

For this purpose, a so-called conversion tracking pixel from Pinterest is integrated on our pages, via which Pinterest is informed when you visit our website that you have accessed our website and which parts of our offer you were interested in.

The use of this service is based on your consent in accordance with Art. 6 para. 1 lit. a GDPR. This can be revoked at any time with effect for the future.

You can deactivate the collection of data for the display of interest-based advertising on Pinterest at any time in your Pinterest account settings at www.pinterest.de/settings (there under "Customization" the button "Use information from our partners to better tailor the recommendations and ads on Pinterest to you") or at help.pinterest.com/de/article/personalization-and-data (there deactivate the checkbox under "Disable customization").

Further information on Pinterest's data protection can be found at: https://policy.pinterest.com/de/privacy-policy

YouTube

Provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC (USA)
Purpose: Integration of video content, collection of statistical data
Category: Statistics
Recipient: EU, USA
Processed data: IP address, website visit details, user data
Data subjects: Users
Technology: JavaScript access, cookies, device fingerprinting, local storage
Legal basis: Consent, Data Privacy Framework, www.dataprivacyframework.gov/s/participant-search /participant-detail?id=a2zt000000001L5AAI&status=Active
Website: www.youtube.com
Further information:
www.youtube.com/intl/ALL_at/howyoutubeworks/user-settings/privacy/
policies.google.com/privacy safety.google/intl/de/principles/
https://support.google.com/youtube/answer/10364219?hl=de

We use the YouTube service on our website to embed external videos.

We have activated the extended data protection mode on YouTube. According to YouTube, this mode means that YouTube does not store any information about visitors to this website before they watch a video. However, the transfer of data to YouTube partners is not excluded by the extended data protection mode.

As soon as a YouTube video is started on our website, a connection to the YouTube servers is established. This tells YouTube which of our pages you have visited. If you are logged into your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile. This can be prevented by logging out of your account.

Furthermore, YouTube may store various cookies on your end device after starting a video or use comparable technologies (e.g. device fingerprinting). YouTube also uses local storage on your device. In this way, YouTube can obtain information about visitors to this website. This information is used, among other things, to record video statistics, improve user-friendliness and prevent fraud attempts.

Vimeo

Provider: Vimeo Inc, 555 West 18th Street New York, New York 10011, USA
Purpose: Integration of video content
Category: External media
Recipient: USA
Processed data: IP address, details of the website visit
Data subject: Website visitor
Technology: JavaScript call, cookies
Legal basis: Consent
Website: www.vimeo.com
Further information: vimeo.com/privacy (in English)

Videos from the Vimeo platform are integrated on our website.

When you access the web pages of our online offering that are equipped with a Vimeo plugin, a connection to the Vimeo servers is established and the plugin is displayed. This transmits your IP address to the Vimeo server, as well as information about which of our web pages you have visited. If you are logged in to Vimeo as a member, Vimeo assigns this information to your personal user account. When you use the plugin, e.g. by clicking the start button of a video, this information is also assigned to your user account. You can prevent this assignment by logging out of your Vimeo user account before using our website.

If you want to prevent the transmission and storage of data about you and your behavior on our website by Vimeo, you must log out of Vimeo before you visit our site.

Personal data

General information on data protection

The following provisions apply not only to the collection of data on our website, but also to the processing of personal data in general.

Personal data

Personal data is information that can be assigned to you individually. Examples of this include your address, name, postal address, e-mail address or telephone number. Information such as the number of users who visit a website is not personal data because it cannot be assigned to an individual person.

Legal basis for the processing of personal data

Unless more specific information is provided in this privacy policy (e.g. for the technologies used), we may process your personal data on the basis of the following legal bases:

Consent pursuant to Art. 6 para. 1 lit. a GDPR - the data subject has given their consent to the processing of their personal data for one or more specific purposes.

Performance of a contract and pre-contractual measures pursuant to Art. 6 para. 1 lit. b GDPR - Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps prior to entering into a contract.

Legal obligation pursuant to Art. 6 para. 1 lit. c GDPR - Processing is necessary for compliance with a legal obligation.

Protection of vital interests pursuant to Art. 6 para. 1 lit. d GDPR - Processing is necessary in order to protect the vital interests of the data subject or of another natural person.

Legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR - Processing is necessary for the purposes of the legitimate interests pursued by the controller(s) or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject.

Please note that in addition to the provisions of the GDPR, the national data protection regulations in your or our home country may apply.

Transmission of personal data

Your personal data will not be transferred to third parties for purposes other than those listed in this privacy policy.

We only pass on your personal data to third parties if:

you have given your express consent in accordance with Art. 6 para. 1 lit. a GDPR,
the disclosure pursuant to Art. 6 para. 1 lit. f GDPR is necessary to safeguard legitimate interests and to assert, exercise or defend legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data,
there is a legal obligation for the disclosure pursuant to Art. 6 para. 1 lit. c GDPR and this is permitted by law and / or
it is necessary for the processing of contractual relationships with you in accordance with Art. 6 para. 1 lit. b GDPR.

Cooperation with processors

We carefully select our service providers who process personal data on our behalf. If we commission third parties to process personal data on the basis of an order processing contract, this is done in accordance with Art. 28 GDPR.

Transfer to third countries

If we process data in a third country or if this occurs in the context of the use of third-party services or disclosure or transfer of data to other persons or companies, this will only take place on the basis of the legal bases described above for the transfer of data.

Subject to express consent or contractual necessity, we process or have the data processed in accordance with Art. 44-49 GDPR only in third countries with a level of data protection recognized as adequate or on the basis of special guarantees, such as a contractual obligation through so-called standard contractual clauses of the EU Commission, the existence of certifications or binding internal data protection regulations.

Storage period in general

If no explicit storage period is specified when data is collected (e.g. as part of a declaration of consent), we are obliged to delete personal data in accordance with Art. 5 para. 1 lit. e GDPR as soon as the purpose of its processing no longer exists. In this context, we would like to point out that statutory retention obligations to which we are subject constitute a legitimate purpose for the further processing of the personal data collected.

In principle, we store and retain data in personal form until the end of a business relationship or until the expiry of applicable guarantee, warranty or limitation periods, and beyond that until the end of any legal disputes in which the data is required as evidence, or in any case until the end of the third year after the last contact with a business partner.

Storage duration in particular

As part of the description of individual technologies on our website, you will find specific information on the storage duration of data. Our cookie table informs you about the storage duration of individual cookies. In addition, you always have the option of asking us directly about the specific storage duration of data. To do so, please use the contact details provided in this privacy policy.

Rights of data subjects

Affected persons have the right:

(i) in accordance with Art. 15 GDPR, to request information about your personal data processed by us. In particular, you can request information about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the origin of your data if it was not collected by us, and the existence of automated decision-making including profiling and, if applicable, meaningful information about its details;

(ii) in accordance with Art. 16 GDPR, to demand the immediate correction of incorrect or incomplete personal data stored by us;

(iii) in accordance with Art. 17 GDPR, to request the deletion of your personal data stored by us under certain circumstances, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;

(iv) in accordance with Art. 18 GDPR, to demand the (temporary) restriction of the processing of your personal data if the accuracy of the data is disputed by you, the processing is unlawful but you refuse to delete it, we no longer need the data but you need it to assert, exercise or defend legal claims or you have lodged an objection to the processing in accordance with Art. 21 GDPR;

(v) in accordance with Art. 20 GDPR, to receive from us your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transmitted directly to another controller; however, this only covers your personal data that we process with the aid of automated procedures after you have given your consent or on the basis of a contract;

(vi) pursuant to Art. 21 GDPR, insofar as your personal data is processed on the basis of our legitimate interest, to object to the processing of your personal data, provided that there are reasons for this arising from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right to object, which will be implemented by us without specifying a particular situation;

(vii) in accordance with Art. 7 para. 3 GDPR, to withdraw your consent once given to us at any time. As a result, we may no longer continue the data processing that was based on this consent in the future. Among other things, you have the option of revoking your consent to the use of cookies on our website with effect for the future by accessing our cookie settings;

(viii) pursuant to Art. 77 GDPR, to lodge a complaint with a supervisory authority regarding the unlawful processing of your data by us. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters.

Competent supervisory authority

The competent supervisory authority for BORA Vertriebs GmbH & Co KG is:

Austrian Data Protection Authority
Barichgasse 40-42
1030 Vienna
Austria

Phone: +43 1 52 152-0
dsb@dsb.gv.at

Assertion of data subject rights

You yourself decide on the use of your personal data. Should you therefore wish to exercise any of the above rights against us, you are welcome to contact us by e-mail at bora.webcare@bora.com or by post or telephone.

Please help us to clarify your request by answering questions from our responsible employees regarding the specific processing of your personal data. If there are reasonable doubts about your identity, we may request a copy of your ID.

If you have any questions about data protection, please contact us at dataprivacy@bora.com or using the other contact details provided in this privacy policy.

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