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Privacy Statement

1. Objectives

We process certain categories of your personal data which we receive from you in the course of our business relationship. For the purpose of transparency and in accordance with Article 13 of the General Data Protection Regulation (GDPR), we therefore want to inform you about the data processing as follows:

2. Definitions

  • "GDPR" shall mean the Regulation (EU) 2016/679 of the European Parliament and the Council of 27th April 2016 on the protection of natural persons with regard to the processing of Personal data and on the free movement of such data, and repealing Directive 95/46/EC.
  • "EU Data Protection Law" shall mean all laws and regulations, including laws and regulations of the European Union (e.g. GDPR), the European Economic Area and their member states, applicable to the processing of personal data (as defined therein).
  • "Personal data" shall mean any information relating to an identified or identifiable natural person as defined in article 4 para 1 GDPR; an identifiable natural 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 or to one or more factors specific to the physical, physiological, genetic, gender, age or mental, economic, cultural or social identity of that natural person.
  • "Controller" shall mean the natural or legal person, public authority, agency or another body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
  • "Processor" shall mean a natural or legal person, public authority, agency or another body, which processes personal data on behalf of the Controller.
  • "Processing" shall mean any operation or set of operations performed upon personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
  • "Consent" - shall mean any freely given, specific, informed and unambiguous indication of his or her wishes by which the data subject, either by a statement or by a clear affirmative action, signifies agreement to personal data relating to them being processed.


3. General information

Controller:

The controller of the data processing is Borealis AG, Trabrennstr. 6-8, 1020 Vienna, Austria.
For any request and further information regarding the processing of your personal data, please contact gdprquestions@borealisgroup.com.


4. Data processing concerning customers and business partners

Lawfulness of processing:

The lawfulness of the data processing is based on the necessity for the performance of the contract concluded with you (Art. 6 Abs. 1b GDPR) and on our legitimate interests (Art. 6 Abs. 1f GDPR), namely regarding the use of your data for the purposes of promoting our products and services, in particular by the sending promotional information by e-mail or other electronic means.

Data processing

For the purposes of performing the contract concluded with you, we process in particular your following personal data:

  • name and surname
  • contact details (address, email address, phone number, if applicable)

For the purposes of promoting our products and services, in particular by sending promotional information by e-mail or other electronic means, we process in particular your following personal data:

  • name and surname
  • e-mail address
  • areas of interest

For the purpose of the management of internal investigations / expertise, we process your personal data based on our legitimate interest to ensure compliance with legal obligations and/or the absence of infringement by Borealis.

We disclose your personal data to the following categories of recipients (but not necessarily all personal data to all recipients), and such transfer is based on the necessity for the performance of the contract concluded with you or on our legitimate interests, namely regarding the use of your data for the purposes of promoting our products and services:

  • advertising agencies
  • agencies in charge with organising different events
  • tax accountants
  • accounting firms
  • other service providers


The period for which your personal data will be processed and stored by us is determined by the following criteria:

  • during the term of our business relationship
  • after the business relation is terminated:
    • for an additional period of three years
      (Borealis may be in touch with you for follow-up on operations and legal matters)
    • for an additional period of seven years
      (Borealis may be in touch with you for sales and marketing communication related to our products and innovations)
  • to fulfil statutory record retention requirements


5. Data Processing regarding visitors of our website


We process personal data for the purposes of our legitimate interests (operation, analysis and improvement of our website). For further information on the use of cookies and analysis services, please read our Cookie Policy. You have the right to object to the processing of your personal data based on our legitimate interests with effect for future processing activities (see section "Your Rights").


6. Data Processing regarding job applicants

Lawfulness of processing:

The lawfulness of the data processing is based either on the performance of pre-contractual measures (application procedure aiming to conclude an employment contract (art 6 para 1 lit b GDPR) or your explicit consent if you would like us to keep your application on file (Art 6 para 1 lit a GDPR).

Data processing

For the purposes of dealing with your job application, we process in particular your following personal data:

  • name
  • contact details (address, email address, phone number, if applicable)
  • information from your Information from your CV (professional experience, educational background)

We disclose your personal data to the following categories of recipients (but not necessarily all personal data to all recipients):

  • other BOREALIS entities

The period for which your personal data will be processed and stored by us is determined by the following criteria:

  • the time of the application process
  • the time we are keeping your data on file based on your explicit consent
  • the fulfillment of statutory record retention requirements


7. Your right

7.1. Information and Access

You are entitled to obtain information by BOREALIS as to which personal data are being processed and to get access to that personal data upon your request. We will provide you with one copy of the Personal data undergoing processing free of charge, unless the disclosure may adversely affect the rights and freedoms of others.

To access your personal data please submit Borealis' Access Request Form.

7.2. Rectification and Erasure

You are entitled to request rectification of inaccurate personal data or completion of incomplete personal data concerning you without undue delay.

  • You are entitled to request erasure of personal data without undue delay, if
  • Personal data are no longer necessary in relation to the purposes for which they were collected,
  • You withdraw your consent in case processing is based only on consent
  • Your personal data have been unlawfully processed
  • Personal data have to be erased for compliance with a legal obligation applicable to BOREALIS

However, BOREALIS is not obliged to execute such erasure if processing is necessary:

  • for exercising the right of freedom of expression and information
  • for compliance with a legal obligation to which BOREALIS is subject
  • for the performance of a task carried out in the public interest or in the exercise of official authority
  • for reasons of public interest in the area of public health
  • for processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, or
  • for the establishment, exercise or defence of legal claims

To request rectification/ completion or erasure of personal data concerning you please contact gdprquestions@borealisgroup.com.

7.3. Right to Object

Regarding the processing of your data for the purposes of promoting our products and services, you have a right to object. Upon receipt of your objection, we will stop processing your personal data for this purpose.

To object to the processing of your personal data please please contact gdprquestions@borealisgroup.com.

7.4. Restriction of Processing

You are entitled to request the restriction of processing of personal data in the following circumstances and for the following periods:

  • you contest the accuracy of the personal data concerning you; restriction of processing may be effected for a period enabling the us verify the accuracy of the relevant personal data
  • the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead
  • we do no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims
  • you have objected to processing, for the period until the verification whether our legitimate grounds override those of you

To request restriction of processing of your personal data please contact gdprquestions@borealisgroup.com.

7.5. Data Portability

You are entitled to data portability, namely to receive your personal data which you have provided to BOREALIS and which is processed

  • based on your consent or the concluded contract
  • and by automated means

in a structured, commonly used and machine-readable format.

You are entitled to request that the personal data is transmitted directly to another controller by us, where technically feasible. This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority.

To request data portability of your personal data please contact gdprquestions@borealisgroup.com.

7.6. Complaint

You have the right to lodge a complaint with the Austrian Data Protection Authority
(Österreichische Datenschutzbehörde, Barichgasse 40-42, 1030 Vienna, E-Mail: dsb@dsb.gv.at)