Updated June 2022
1. Overview of personal data protection
We take the protection of your personal data very seriously and process it in accordance with the applicable legal provisions.
The following notes provide a clear overview of how we process your personal data when you visit our website, https://ims-austria.com/, (the ” Website). This Policy is addressed to (i) our customers, suppliers and other business contacts who are natural persons and, where we deal with legal entities, (ii) their employees, members and other representatives (hereinafter together as “business contact”, “data subject” or “you”).
Our privacy policy may be amended, supplemented or updated at any time, in particular to comply with legal, regulatory or technical developments. As such, your personal data will be processed in accordance with the privacy policy in force at the time of collection.
What is personal data?
Personal data is any data that allows you to be personally identified directly or indirectly. You will find detailed information in relation to data protection in our Personal Data Privacy Policy (the “Policy”) set out below.
2. Data collection on our Website
Who is responsible for processing data on the Website?
Controller regarding the data processing on this Website is IMS Austria GmbH, with registered office at Industriestrasse 3, 4565 Inzersdorf, Austria, registered under number: FN 168192 t, telephone number +43 1 / 72550-0, and email address office@ims-austria.com (in the following also “we”, “us”, “our”).
How do we collect your data?
On the one hand, your personal data are collected when you communicate them to us. This can be data that you enter in a contact form, for example.
On the other hand, data, including personal data, are automatically collected by our computer systems when you visit our Website. This is mainly technical data (e.g. Internet browser, operating system or time of page consultation).
What is your personal data used for?
| Purpose | Legal base |
| User account management | Performance of a contract or pre-contractual measures (Art 6 1b GDPR) |
| Analysis of your needs | Performance of a contract or pre-contractual measures (Art 6 1b GDPR) |
| Online chat and online contact form | Performance of a contract or pre-contractual measures (Art 6 1b GDPR) |
| Customer and claim management | Legitimate interest of the data controller (Art 6 1f GDPR) |
| Direct marketing (by email and SMS) | Consent (Art 6 1a GDPR) (or legitimate interest in the case of active customers (Art 6 1f GDPR) |
| Monitoring the quality and continuous improvement of our products and services, including through the use of advanced data analysis technologies | Legitimate interest of the data controller (Art 6 1f GDPR) |
| Monitoring of our activities (reporting) | Legitimate interest of the data controller (Art 6 1f GDPR) |
| Response to your possible requests to exercise your rights in relation to your personal data (see section on your rights) | Compliance with a legal obligation to which the data controller is subject (Art 6 1c GDPR) |
| Audit of the company in the event of an asset transfer project, asset purchase, merger, etc. | Legitimate interest of the data controller (Art 6 1f GDPR) |
| Session cookies | Legitimate interest of the data controller (Art 6 1f GDPR) |
| Third-party cookies, analytics cookies | Consent (see below) (Art 6 1a GDPR) |
3. Categories of data collected
Account opening, chat and information request
We process the following categories of data: first and last name, email address, company, JAC number associated with the company, position, customer need.
Customer log files
You may also visit our Website without actively providing us with information about you. In this case we collect certain data that your browser transmits to our website server (i.e. log files).
We process the following categories of data through our log files: browser type and version, operating system used, referring URL, host name of the accessing computer, date and time of server query, IP address.
The processing of these log files is necessary for us to maintain the functionality, stability and security of our Website. We may also process them for the purpose of forensic investigations in the case of a security incident or in order to generate user statistics. For statistical purposes your IP-address is used in anonymized form only.
Legal basis: Art 6 1f GDPR – legitimate interest in maintaining functionality, stability and security of our Website.
4. Your rights
What are your rights with regard to your data?
In accordance with applicable law, you may any time exercise your rights of access, rectification, deletion, portability, limitation of the personal data we process or objection to the processing, as well as the right to withdraw your consent where applicable.
You have the right to object at any time to direct marketing and profiling to the extent that it is related to such direct marketing.
Furthermore, you have the right to file a complaint with the competent supervisory authority. In Austria, this authority is the “Österreichische Datenschutzbehörde”, all contacts and other details of which are available on the website https://www.dsb.gv.at/.
You can contact us at any time to exercise your rights by contacting to our data protection officer whose contact details are set out below.
Withdrawal of your consent
For processing that requires your consent, we will seek your consent. You may withdraw your consent at any time. To do so, you can contact our data protection officer. The withdrawal of consent does not affect the legitimacy of the processing carried out prior to the withdrawal.
Right to object to direct marketing
If your personal data is processed for the purpose of direct marketing, you may object to such processing at any time; this also applies to profiling to the extent that it is related to such direct marketing. If you object, your personal data will no longer be used for direct marketing purposes.
Right of complaint to the competent supervisory authority
You have the right to complaint to a competent supervisory authority, in particular in the country of your habitual residence, your place of work or the place of the alleged infringement.
Right to data portability
You have the right to request that personal data which you have provided to us and that we process automatically on the basis of your consent or in performance of a contract be transmitted to you or to a third party in a customary, machine-readable format.
Access, deletion and correction
Within the framework of the applicable legal provisions, you have the right to access your personal data at any time and to correct, or delete such personal data.
Right to restriction of processing
You have the right to request the limitation of the processing of your personal data under the circumstance described in Art 18 GDPR.
We do not process your personal data for the purpose of taking decisions based solely on automated processing, including profiling, which produce legal effects concerning you (Art 22 GDPR).
Mandatory collection of some personal data
The information required to contact us or to subscribe to our newsletter is mandatory information, as indicated in the corresponding area of the Website (e.g. an online form). Without this mandatory information, we cannot allow you to use the corresponding features or it will take longer to process your request.
5. Recipients of personal data
Your personal data will be processed within our company. Depending on the type of personal data, only certain departments/organizational entities have access to your personal data. These are in particular the specialized departments involved in the provision of our digital services, the corresponding business processes and our IT department.
We may also transfer your personal data to third parties outside our company to the extent permitted by law. These external recipients are :
- affiliated companies to which we transfer personal data for internal administrative purposes.;
- service providers hired by us to provide services to us, which may require the processing of personal data (e.g. marketing and business consultants, tax advisors, public accountants, auditors, translators, IT service providers); and
- public and private bodies, such as supervisory, safety, trade or tax authorities, courts of law or other third parties who advise us in this context (e.g. lawyers or forensics experts), to the extent that we are required to transfer your personal data due to legal obligations, or to exercise, protect or defend our legal rights.
Some of these recipients may be located in countries outside the EEA for which an adequate level of data protection has not yet been established by the EU Commission. In particular, this includes our affiliated companies. It should be noted that the level of data protection in such countries may not be the same as within the EEA. Also, subject to local laws and regulations data may be accessible to local authorities or courts.
However, where personal data is transferred to such third countries, we implement appropriate safeguards to ensure that your rights are protected in accordance with the GDPR. This includes the conclusion of the EU Commission’s standard contractual clauses for the transfer of personal data (Art 46(2) c GDPR). Further details on the implemented safeguards as well as copies of the respective agreements are available on request at compliance@jacquetmetals.com.
Google Services: In order to provide a modern website and multi-media content, we use services provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). Google may transfer data to recipients in the USA. The European Court of Justice has found that the USA does not have an adequate level of data protection.
With your explicit consent, data may be transferred to a third country (Art 49 1a GDPR). There is a risk that your data may be subject to access by US authorities for control and monitoring purposes and that no effective legal remedies are available against this. Before we set cookies and transfer your data to these companies, we will ask you for your explicit consent and provide you with detailed information about the corresponding data processing (in particular the purposes, data categories and storage period). You can withdraw your consent at any time with effect for the future.
6. Personal data storage period
We keep your personal data for the time necessary to fulfill the purposes mentioned above, plus the applicable statutory retention periods and/or statute of limitations for the establishment, exercise or defense of legal claims (“Legal limitation”). For certain claims the statutory limitation period may be up to 30 years. Any retention period based on statute of limitations will be expanded by up to eight weeks to account for postal delay. After these periods, we will delete your personal data.
Once the operational purposes mentioned above have been fulfilled, the personal data is archived until the end of applicable statutory retention period and/or statute of limitations, if any, and then deleted. Access to the data is therefore restricted so that the personal data is not accessible in an active database.
| Purpose of processing | Period of storage in operational database | Archiving |
| Management of requests for quotations for products or services, including responses to the customer’s diagnosis, management of deliveries and after-sales service (purpose: analysis of your needs) | 5 years from the last activity | 5-10 years |
| Invoicing | 3 years | 7 years after the end of the respective business year |
| Online chat and online contact form | Subject to request (quotation, claim, data subject rights) | Subject to request (quotation, claim, data subject rights) |
| Customer and claim management | Duration of the contractual relationship | Legal limitation |
| Use of the user account / user account management | Duration of the contractual relationship and up to 3 years from the last activity | N/A |
| Monitoring the quality and continuous improvement of our products and services, including through the use of advanced data analysis technologies | Duration of the contractual relationship | N/A |
| Monitoring of our activities (reporting) | Duration of the contractual relationship | Legal limitation |
| Response to your possible requests to exercise your rights in relation to your personal data (see section on your rights) | For the duration of handling your request or complaint | Legal limitation |
| Audit of the company in the event of an asset transfer project, asset purchase, merger, etc. | Completion of the project | Legal limitation |
| Direct marketing (by email and SMS) | 3 years from the last activity; or, where processing is based on your consent, until the withdrawal of your consent | N/A |
| Cookies/targeted advertising/advertising profiling | Please refer to the table in point 9 below | N/A |
7. Security
Risk of security breaches
We would like to draw your attention to the fact that data transmission over the Internet (e.g. communication by email) may have security breaches. A complete protection of data against third party intrusion is not possible. IMS Austria GmbH implements state-of-the-art security measures within the framework of a duty of care.
SSL or TLS encryption
This Website uses SSL or TLS encryption for security purposes and to protect the transmission of confidential content, such as orders or requests that you send to us as the operator of the Website. You can recognize an encrypted connection by the fact that the browser address bar changes from “http://” to “https://” and by the padlock symbol in your browser address bar.
If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
8. Data Protection Officer
We have appointed a data protection officer, with the following contact details: compliance@jacquetmetals.com.
9. Cookies and other technologies
Placement of cookies
Our Website sometimes uses cookies. Cookies do not damage your computer and do not contain viruses. Cookies serve to make our offer more user-friendly, more efficient and more secure. Cookies are small text files that are stored on your computer and saved by your browser.
We use two types of cookies on our Website:
- Necessary cookies: Without necessary cookies the proper functioning of our Website would not be possible or only to a limited extent. The use of necessary cookies on our Website is possible without your consent. However, you can deactivate cookies at any time by modifying your browser settings. For a detailed description of the used necessary cookies and respective purposes kindly see below.
Legal basis: Section 165 Telecommunications Act 2021 and Art 6 1f GDPR (legitimate interest) - Optional cookies: These types of cookies may be used to improve our Website, optimize your user experience, analyze user behavior or customize marketing activities. Optional cookies may also be placed by external advertising companies (“third party cookies”). Optional cookies will only be used upon your consent which you may provide by clicking “OK” on our Website’s cookie banner. This consent can be withdrawn at any time with effect for the future. For a detailed description of the used optional cookies and respective purposes kindly see the table below.
Google Analytics
In order to better understand how our Website is used and what content we should further develop, we use “Google Analytics” to compile anonymous usage statistics. This analysis tool uses (third-party) cookies to collect standard logging information as well as visitor behavior on our Website in aggregated form. Aggregate analyses will be performed, in particular, on the following factors: Number and duration of page views of the individual (sub-)pages, geographical location of accesses, end devices used by visitors (Web/mobile), language, operating system, service provider and screen resolution (on mobile devices).
This service is provided by Google. If you activate Google Analytics you thereby explicitly consent (Art 49 1a GDPR) to the data transfer of your IP address to Google (including Google entities in the USA). Regarding the risks associated with such transfer to the USA please see above point 5
Further information concerning Google’s terms of use and privacy statement can be found at https://www.google.com/analytics/terms/gb.html.
| Cookies | Purpose | Storage period |
| 1. Essential cookies | ||
| __cfduid | Identification of reliable web traffic | 1 year |
| NSC_# | Web traffic distribution to optimize response time | 1 day |
| PHPSESSID | Retention of user settings | Duration of the session |
| TawkWindowName | Website dialog box functionality | Duration of the session |
| Hl | Identification of Website locale | 1 year |
| Wp_lang | To store language settings | Duration of the session |
| wordpress_test_cookie | Tests that the browser accepts cookies. | Duration of the session |
| helpful_user | To provide the ‘helpfulness’ feature to our Help & Advice articles | 1 year |
| twk_idm_key | Associated with the Tawk.to chat platform. They are used to track connection time and store identification information for the chat function. | Duration of the session |
| twk_uuid_* | Associated with Tawk.to and is used to uniquely track users on the site. | Duration of the session |
| pll_language | Used by the Polylang plugin to remember the user’s preferred language on multilingual sites. | Persistent |
| __secure-ENID | Used by reCAPTCHA to protect websites against spam and automated malicious use. | 1 year |
| _GRECAPTCHA | Used by reCAPTCHA to protect websites against spam and automated malicious use. | 6 months |
| 2. Preferences | ||
| SS | Website dialog box functionality | Duration of the session |
| 3. Statistics | ||
| _ga | Recording of a unique identifier to generate statistical data on Website use | 2 years |
| _gat | Google Analytics cookie to reduce the query rate | 1 day |
| _gid | Recording of a unique identifier to generate statistical data on Website visit | 1 day |
| _hjid | Unique session identifier for statistical purposes | 1 year |
| Collect | Sending data to Google Analytics about the visitor’s device and behavior. Tracking the visitor across devices and marketing channels | Duration of the session |
| TawkConnectionTime | Visitor recognition to optimize the operation of the dialog box | Duration of the session |
| tawkUUID | Analysis of the interaction between the user and the Website chat | 6 months |
| _ga_* | To store and count pageviews | 1 year |
| _hjSession_* | To provide functions across pages | Duration of the session |
| _hjSessionUser_* | To store a unique user ID | Duration of the session |
| tarteaucitron | Store information about users’ consent preferences regarding the use of cookies on the website. | Duration of the session |
| SOCS | To personalize ads and measure their effectiveness by tracking user interactions. | 13 months |
| 4. Marketing | ||
| _hjIncludedInSample | Determination of whether to include visitor browsing experience in the data sampling | Duration of the session |
| r/collect | Sending data to Google Analytics about the visitor’s device and behavior. Tracking the visitor across other devices and marketing channels | Duration of the session |
How to control and manage the use of cookies
By clicking on the “OK”-button in the Website’s cookie banner you agree to the use of the above listed optional cookies on our Website. Your consent can be withdrawn (for all or individual cookies) at any time with effect for the future.
You may also refuse the use of cookies by selecting the appropriate settings on your browser or by deleting the cookies from the device and browser. Most browsers accept cookies automatically, but you can alter the settings of your browser to erase cookies or prevent automatic acceptance if you prefer. Generally, you have the option to see what cookies have been placed and delete them individually, block third party cookies or cookies from particular sites, accept all cookies, to be notified when a cookie is issued or reject all cookies. Visit the ‘options’ or ‘preferences’ menu on your browser to change settings, and check the following links for more browser-specific information:
- Cookie settings in Internet Explorer
- Cookie settings in Firefox
- Cookie settings in Chrome
- Cookie settings in Safari
Please be aware that any preferences will be lost, if you delete all cookies and many websites may not work properly or you will lose some functionality.
10. Plugins and tools
YouTube
Our Website uses plugins from the YouTube service. The pages are operated by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.
In addition, YouTube may store various cookies on your device.
If you are logged into your YouTube account, you can allow YouTube to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account.
You can find more information about the processing of user data in the YouTube Policy at: https://policies.google.com/privacy?hl=en.
Google Maps
Our Website uses the Google Maps mapping service via an API. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
To use the functions of Google Maps, it is necessary to store your IP address. This information is usually transferred to a Google server in the USA and stored there. The Companies have no influence on this data transfer.
For more information on how we process user data, please see the Google privacy policy: https://policies.google.com/privacy?hl=en.
Google reCAPTCHA
We use “Google ReCAPTCHA” (hereinafter “ReCAPTCHA”) on our Website. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).
The purpose of reCAPTCHA is to check whether the data entered on our Website (e.g. in a contact form) is inputted by a person or by an automated program. For this purpose, reCAPTCHA analyzes the user’s behavior on the basis of various characteristics. This analysis starts automatically as soon as the visitor enters the Website. As part of the analysis, reCAPTCHA evaluates various pieces of information (e.g. IP address, length of stay on the Website or the user’s mouse movements). The data collected during the analysis is transmitted to Google.
You can find more information about Google reCAPTCHA and Google’s privacy policy at the following links:
https://policies.google.com/privacy?hl=en and https://www.google.com/recaptcha/intro/android.html.
Google Analytics 4
Our Website uses “Google Analytics 4”. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).
The purpose of Google Analytics is to provide deeper insights into user behavior by measuring Website traffic.
For more information on how we process user data, please see the Google privacy policy: https://policies.google.com/privacy?hl=en.
Google ADS
Our website uses “Google Ads”. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).
Google Ads is an advertising service that helps us show personalized ads and measure their effectiveness based on user interactions.
For more information on how we process user data, please see the Google privacy policy: https://policies.google.com/privacy?hl=en.
Tarte au citron
Our Website uses “Tarte au citron”. The provider is Amauri Champeaux, 4 Rue Leo Valentin, 34500 Béziers, France.
The purpose of Tarte au citron is for the users to choose cookie preferences on the Website.
For more information on how we process user data, please see the Tarte au citron privacy policy: https://tarteaucitron.io/mentions/.
Hotjar
Our Website uses “Hotjar”. The provider is Hotjar Limited, Dragonara Business Centre 5th Floor, Dragonara Road, Paceville St Julian’s STJ 3141 Malta.
The purpose of Hotjar is to obtain feedback on the user experience of the Website through questionnaires.
For more information on how we process user data, please see the Hotjar privacy policy: https://www.hotjar.com/legal/policies/privacy/.
Tawk.to
Our Website uses “Tawk.to”. The provider is tawk.to inc., 187 East Warm Springs Rd, SB298 Las Vegas, Nevada, USA 89119.
Tawk.to is a live online chat to allow communication and provide instant support between the company and the users through the Website.
For more information on how we process user data, please see the Tawk.to privacy policy: https://www.tawk.to/privacy-policy/.
Forminator
Our Website uses “Forminator”. The provider is Incsub, LLC, 120 19th St N Ste 201 PMB 88100,
Birmingham, AL, 35203-3219, USA.
Forminator is a contact form tool for the users to reach the company by filling in a form with some information required.For more information on how we process user data, please see the Incsub, LLC privacy policy: https://incsub.com/privacy-policy/.
MapGeo
Our Website uses “MapGeo”. The provider is Freemius, Inc., 4023 Kennett Pike, Wilmington, 19807 DE, USA.
MapGeo is a tool to display interactive maps on the Website, including the sales office contact information.
For more information on how we process user data, please see the Freemius privacy policy: https://freemius.com/privacy/.