The following information serves to explain the nature, scope, and purpose of the collection and use of personal data by PERSENTIS GmbH in connection with surveys, and also informs you about your rights regarding the collection and processing of your personal data. This information is provided in accordance with Articles 13 and 14 of the General Data Protection Regulation (GDPR).

The controller for data processing is

PERSENTIS GmbH, FN 535049 m, Lessingstraße 6, 5020 Salzburg, AUSTRIA, (im Folgenden „PERSENTIS“)

What data is processed and where does this data come from?

As a survey participant, we process your data for various purposes, depending on whether you are participating in a survey by (i) PERSENTIS Analytics, (ii) PERSENTIS Care, (iii) PERSENTIS Boarding, (iiii) PERSENTIS Pulse, or (iiiii) PERSENTIS Profiling.

If you are a participant in a survey by PERSENTIS Analytics or PERSENTIS Care:

As a participant in a survey by PERSENTIS Analytics, Care, Boarding, or Pulse, we process your data in connection with your employer—who is our client and the commissioner of the survey—for the purposes of (i) conducting, analyzing, and evaluating the survey, and (ii) generating and transmitting aggregated results, as well as answers to open-ended questions that may, in individual cases, be personal in nature, to our client as the commissioner of the survey. The data we process includes, where applicable: age group, gender, position within the company, length of service, department, and responses to open-ended questions.

If you are a participant in a survey by PERSENTIS Profiling:

We process the data you provide—which may be personally identifiable in individual cases—as a participant in a PERSENTIS Profiling personality analysis for the purpose of conducting, analyzing, and evaluating surveys in connection with a PERSENTIS Profiling personality analysis. The data we process includes: name, email address, and the information you provide about your personality as part of the personality analysis.

On what legal basis and for what purposes is the data processed?

We process your personal data

1) based on your explicit consent (Article 6(1)(a) GDPR): The processing of personal data is carried out for the purpose of fulfilling the services and offers provided by PERSENTIS; and

2) to safeguard legitimate interests (Article 6 paragraph 1 lit. f GDPR): We process personal data to protect our legitimate interests, provided that your interests in confidentiality do not override them. These legitimate interests include, for example, the interest in the availability of data in the event of a legal dispute.

To whom is your data disclosed?

The transmission of data relevant in individual cases takes place on the basis of legal provisions and/or contractual agreements and—where necessary—for the execution of contracts to the following entities, among others:

– Survey clients (in accordance with consent);

– Legal representatives, notaries, and third parties involved in legal services;

– Courts in specific cases;

– Administrative authorities in specific cases;

– Participating contractual and business partners;

– Providers (IT service providers); and

– Providers of external online survey tools.

If the aforementioned recipients of your personal data are located outside the EEA and the country in question has not been determined by a decision of the EU Commission to have an adequate level of data protection, we ensure that the transfer is based on Standard Contractual Clauses (currently 2010/87/EC and/or 2004/915/EC).

Furthermore, data processors commissioned by us receive your data for the purpose of fulfilling their respective services (e.g., IT service providers, providers of external online survey tools). All data processors are contractually obliged to treat your data confidentially and to process it only within the scope of our instructions.

How long is your data processed and stored?

We process your personal data for as long as necessary. Once your data is no longer required, it will be anonymized or deleted.

We store personal data necessary for the fulfillment of legal obligations at least for the duration of the analysis of the survey results and beyond, in accordance with statutory retention and documentation obligations (e.g., under the Austrian Commercial Code [UGB] or the Federal Fiscal Code [BAO]). In addition, we take into account statutory limitation periods, which, for example, under the Austrian General Civil Code (ABGB) can be up to 30 years in certain cases.

What rights do you have?

– Right of access: If we process personal data from you, you have the right to obtain information about the purposes of processing, the categories of personal data processed, the recipients of this personal data, the storage period, the rights to which you are entitled, the origin of the personal data, and the existence of automated decision-making.

– Rectification and erasure: You have the right to request the correction of incorrect or incomplete personal data concerning you. You are entitled to request the erasure of personal data concerning you, provided that the data processing is unlawful and no legal obligations on our part prevent its erasure.

– Restriction of processing: In certain cases, you have the right to request the restriction of the processing of your personal data.

– Data portability: You have the right to request the transfer of your personal data that you have provided to us in a structured, commonly used, and machine-readable format. You also have the right to have this personal data transmitted directly by us to a controller named by you, provided this is technically feasible.

– Right to object: For reasons arising from your particular situation, you have the right to object at any time to the processing of personal data concerning you. If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests.

– Complaint: You have the right to lodge a complaint with the Austrian Data Protection Authority (Österreichische Datenschutzbehörde, Barichgasse 40-42, 1030 Vienna, AUSTRIA, +43 1 521 520, email: dsb@dsb.gv.at) if you believe that your data protection rights have been violated.

– Contact: To exercise your rights regarding your data processed by us, please contact: PERSENTIS GmbH, FN 535049 m, Lessingstr. 6, 5020 Salzburg, AUSTRIA, email: datenschutz@persentis.com

– Definitions: Definitions of the terms used (e.g., "personal data" or "processing") can be found in Article 4 of the GDPR.