Protecting your personal data appropriately is important to aws Fondsmanagement GmbH (“FMG”, “we”, “us”). We therefore observe the applicable legal provisions for the protection, lawful handling and confidentiality of personal data, as well as data security, in particular the Austrian Data Protection Act ("DSG"), the EU General Data Protection Regulation ("GDPR") and the Telecommunications Act ("TKG").
1. Who is the data processing controller and who can you contact?
a. The controller within the meaning of Article 4 Sec. 7 GDPR for data processing is:
aws Fondsmanagement GmbH
Rechte Wienzeile 225
Telephone: +43 1 501 75 Ext. 721
If you have concerns regarding the processing of your personal data or if you wish to assert your rights:
The data protection coordinator of the sole shareholder Austria Wirtschaftsservice GmbH also performs this function for aws Fondsmanagement GmbH:
Dr. Bettina Schober
b. aws Fondsmanagement GmbH is a partner and managing director of aws Mittelstandsfonds Beteiligungs GmbH & Co KG and aws Gründerfonds Beteiligungs GmbH & Co KG.
The tasks (“measures”) of the above-mentioned funds consist in particular of providing growth capital for founders and SMEs and of mobilizing private growth capital.
2. What data are processed and what sources do these data come from?
We process the personal data that you provide to us in the course of servicing one of the above-mentioned measures, e.g. information about your company in order to examine a possible investment. In addition, we process data that we have legitimately received from publicly available sources (e.g. the Commercial Register).
Personal data includes your personal details (name, address, contact details, etc.), information on your project, such as project costs and financing and information from your electronic communication with FMG (e.g. apps, cookies, etc.), as well as data on compliance with legal and regulatory requirements.
3. For what purposes and on what legal basis are the data processed?
a. For the fulfilment of contractual obligations (Article 6 (1) (b) GDPR):
The processing of personal data takes place for the purpose of preparing and executing an investment agreement, which is based on the above-mentioned measure (point 1.b). If no investment agreement is concluded, the application documents will be deleted, provided that deletion does not conflict with any other legitimate interests of FMG.
b. For the protection of legitimate interests (Art. 6 (1) (f) GDPR):
As far as necessary, in the interests of FMG or of a third party, data processing may take place beyond the actual performance of the contract in order to safeguard legitimate interests of FMG or third parties.
c. Within the scope of your consent (Art. 6 (1) (a) GDPR):
If you have given us consent to process your personal data, processing will only take place in accordance with the purposes set out in the declaration of consent and to the extent agreed therein. Given consent may be withdrawn at any time with effect for the future (e.g. you can object to the processing of your personal data for marketing and advertising purposes, if you no longer consent to processing in the future):
- Providing information through our newsletter
- Sending of product information
- Advertising and public relations
4. Who receives the data?
If there is a legal or regulatory obligation, public bodies and institutions (e.g. organs and agents of the Court of Auditors) may be recipients of your personal data.
In addition, processors commissioned by us (especially IT service providers, attorneys and other advisors) will receive your data, if they need the data to perform their respective services. All processors are contractually obliged to treat your data confidentially and to process them only as part of the provision of services.
5. How long are the data stored for?
We process your personal data, as far as is necessary for the duration of the entire business relationship and beyond, according to the statutory storage and documentation obligations, which arise in particular from the Austrian Commercial Code (UGB), the Austrian Federal Tax Code (BAO), as amended. If we no longer need your personal data, we will delete them from our systems and records or render them anonymous so that they can no longer be identified.
6. What data do we collect from visitors and users of our website?
In the course of your use of the website, we collect, gather and store the following data:
- IP address
- Referrer URL (the previously and subsequently visited website)
- Number, duration and time of the views (your interaction with the website)
- Search engines and keywords that you have used to find us
- Browser type, device type, screen resolution, internet service provider and operating system
We collect these so-called log files (access data) automatically using cookies.
Detailed preliminary information is provided about the use of individual cookies (type, duration and any third-party access) and your consent is obtained via the cookie banner on our website before the data are used (“opt-in”). You can amend or revoke your consent via this cookie banner at any time. Consent to the storage of cookies does not have to be granted if such cookies are absolutely necessary for the provision of contents or services.
You can find further information on Matomo at their website.
Based on your consent to receive our newsletter, we will use your voluntarily provided personal data (form of address, title, first name, surname, email address) to send our newsletter by email. This consent may be revoked at any time with effect for the future (e.g. via the unsubscribe link in each newsletter or by email). After revocation, no further data shall be collected and the email address will be deleted from the distribution list.
We use the newsletter software provided by eyepin GmbH, Billrothstrasse 52, 1190 Vienna, Austria.
The newsletters of eyepin GmbH contain so-called tracking pixels. A tracking pixel is a miniature graph embedded in such emails, which are sent in HTML format to facilitate logfile recording and logfile analysis. This allows a statistical analysis to be conducted of the success or failure of online marketing campaigns. eyepin GmbH can identify whether and when an email has been opened by a data subject based on the embedded tracking pixel. Moreover, newsletter tracking is used to survey which links in the email have been accessed by the data subject.
Such personal data collected via the tracking pixels in the newsletters and via newsletter tracking are stored and analysed to optimise newsletter dispatch and better adapt the content of future newsletters to the interests of the data subject. These personal data are not passed onto third parties. Data subjects are entitled to revoke any related, separate declaration of consent submitted through the double opt-in procedure at any time by unsubscribing from receipt of the newsletter. You can find further information on Eyepin at their website.
9. Contact us
If you contact us by phone or email using the contact form on our website, we will store the personal data you provide (email, name, telephone number and your request or the associated documents) with us and only for the purpose of processing your request and to enable us to respond to you accordingly. Our contact form indicates which data are mandatory and which can be entered voluntarily.
10. How do we protect your data?
We comply with the provisions of Article 32 GDPR by taking appropriate technical and organisational security measures and doing our utmost to ensure the confidentiality and security of your personal data.
11. What data protection rights are available to data subjects?
a. Access, rectification, erasure
Data subjects have the right: (i) to require FMG to confirm the processing of personal data concerning them and, if so, to obtain access to information (ii) to request rectification of any inaccurate personal data concerning them and (iii) to request, under certain conditions, the erasure of personal data concerning them.
Furthermore, the data subjects have the right to object to the processing of their personal data. In the event of such an objection, FMG will no longer process the data unless (i) it can demonstrate compelling legitimate grounds for processing that outweigh the interests, rights and freedoms of the data subject or (ii) the processing is for the assertion, exercise or defence of legal claims.
c. Restriction of processing
Data subjects are also entitled to require that FMG restrict processing if (i) they dispute the accuracy their data, for a period of time that enables FMG to verify the accuracy; (ii) the processing is illegitimate and they refuse erasure, requesting restriction instead, (iii) FMG no longer needs their personal data for the purposes of processing, but requires the data for the assertion, exercise or defence of legal claims, or (iv) they have objected to the processing and the decision on the underlying aspects is pending.
Furthermore, under certain conditions, data subjects may require that they receive the personal data that they have provided to FMG, and may instruct FMG to directly transfer such data to a third party.
12. Asserting your rights
To exercise these rights, please contact FMG or their Data Protection Coordinator in writing (contact details can be found in point 1 above). The Data Protection Coordinator is also available to you at any time for any other enquiries regarding the use and security of your data. If you believe that FMG is using your data in an unauthorised manner, you can also file a complaint with the Austrian Data Protection Authority.
13. Final provision