Imprint

Archisphere Gabriel Kacerovsky ZT GmbH

Architecture & Design Studio | UID-Nr: ATU 66 444 706 | FN 361206k | Vienna Commercial Court

Siebensterngasse 31/3 , 1070 Vienna, Austria | Tel: +43 1 577 33 27 | E-Mail: office@archisphere.at

Managing Partner: Gabriel Kacerovsky, M.D.

Consumers have the possibility to submit complaints to the EU online dispute resolution platform: http://ec.europa.eu/odr. You can also send any complaints to the email address above.

Privacy policy

This privacy policy ("Policy") describes how the website operator ("Website Operator", "we", "us" or "our") collects, protects and uses the personal data ("Personal Data") that you ("User", "you" or "your") provide on the archisphere.at website and any of its products or services (together "Website" or "Services").

It also describes the choices you have about our use of your personal information and how you can access and update that information. This policy does not apply to the practices of companies that we do not own or control or to individuals that we do not employ or manage.

Automatic collection of information

When you visit the website, our servers automatically record information that your browser sends. This information may include information such as your device's IP address, browser type and version, operating system type and version, language preferences or the web page you visited before coming to our website, the pages of our website you visit, the time you spend on those pages, information you search for on our website, access times and dates and other statistics.

The automatically collected information is only used to identify potential cases of abuse and to compile statistical information about website usage. This statistical information is not otherwise aggregated in a way that would identify a particular user of the system.

Collection of personal information

You can visit the website without telling us who you are or revealing any information that would allow someone to identify you as a specific, identifiable individual. However, if you wish to use some of the features of the website, you will be asked to provide certain personal information (e.g. your name and email address). We receive and store any information that you knowingly provide to us when you complete online forms on the website. Where required, this information may include:

- Personal details such as name etc.

- Contact information such as email address, etc.

You can choose not to provide us with your personal information, but then you may not be able to use some of the features of the website. Users who are unsure about what information is mandatory are welcome to contact us.

Storage of personal information

We will retain and use your personal data for the period necessary to comply with our legal obligations, resolve disputes and enforce our agreements, unless a longer retention period is required or permitted by law. We may use any aggregated data derived from or included in your personal data after you have updated or deleted it, but not in a way that would identify you personally. After the retention period has expired, the personal data will be deleted. Therefore, the right of access, the right of erasure, the right of rectification and the right of data portability can no longer be exercised after the expiry of the retention period.

Use and processing of the information collected

In order to provide you with our website and services or to comply with a legal obligation, we need to collect and use certain personal information. If you do not provide the information we request, we may not be able to provide you with the products or services you have requested. Some of the information we collect comes directly from you through our website. However, we may also collect personal information about you from other sources. Any information we collect from you may be used for the following purposes:

- Answering enquiries and offering support

- Improve the user experience

- Operate and run our website and services

The processing of your personal data depends on how you interact with our website, where in the world you are located and whether any of the following apply: (i) you have given your consent for one or more specific purposes. However, this does not apply if the processing of personal data is subject to the California Consumer Privacy Act or European data protection laws; (ii) the provision of information is necessary for the performance of an agreement with you and/or for pre-contractual obligations arising therefrom; (iii) the processing is necessary for compliance with a legal obligation to which you are subject; (iv) the processing is in connection with a task carried out in the public interest or in the exercise of official authority vested in us; (v) the processing is necessary for the purposes of the legitimate interests pursued by us or a third party.

Note that under some legislations we may be permitted to process information until you object to such processing (by opting out) without relying on consent or any other of the following legal bases In each case, we are happy to clarify the specific legal basis that applies to the processing and in particular whether the provision of Personal Information is a legal or contractual requirement or a condition of entering into a contract.

Information transmission and storage

Depending on your location, data transfers may involve the transfer and storage of your information in a country other than your own. You have the right to find out about the legal basis for data transfers to a country outside the European Union or to an international organisation governed by international law or established by two or more countries, such as the UN, and the security measures we take to protect your information. Should such a transfer take place, you can find out more by reading the relevant sections of this document or by contacting us using the information provided in the contact section.

The rights of the users

You can exercise certain rights in relation to your data that we process. In particular, you have the right to: (i) you have the right to withdraw your consent where you have previously given your consent to the processing of your data; (ii) you have the right to object to the processing of your data where the processing is carried out on a legal basis other than consent; (iii) you have the right to know whether data is being processed by us, to obtain disclosure of certain aspects of the processing and to obtain a copy of the data which is the subject of the processing; (iv) you have the right to verify the accuracy of your data and to request that it be updated or rectified; (v) you have the right, in certain circumstances, to restrict the processing of your data, in which case we will not process your data for any purpose other than storage; (vi) you have the right, in certain circumstances, to request that we erase your personal data; (vii) you have the right to receive your data in a structured, commonly used and machine-readable format and, if technically feasible, to have it freely transferred to another controller. This provision applies on condition that your data are processed by automated means and that the processing is based on your consent, on a contract of which you are a part or on pre-contractual obligations.

The right to object to processing

Where personal data are processed in the public interest, in the exercise of official authority vested in us or for the purposes of legitimate interests pursued by us, you may object to such processing by providing a ground relating to your particular situation in support of the objection. However, you should be aware that if your personal data is processed for direct marketing purposes, you may object to such processing at any time without giving any reason. To find out whether we process your personal data for direct marketing purposes, you can refer to the relevant sections of this document.

How you can exercise these rights

All requests to exercise user rights may be directed to the owner via the contact details provided in this document. These requests can be exercised free of charge and will be dealt with by the owner as soon as possible.

Privacy rights in California

In addition to the rights as explained in this Privacy Policy, California residents who provide Personal Information (as defined in the statute) to obtain products or services for personal, family or household use are entitled to request and receive from us, once per calendar year, information about the Personal Information that we may have shared with other companies for marketing purposes. If applicable, this information will include the categories of personal data and the names and addresses of the companies with which we have shared such personal data for the immediately preceding calendar year (e.g. requests made in the current year will receive information about the previous year). To obtain this information, please contact us.

Children's privacy

We do not knowingly collect personal information from children under the age of 13. If you are under 13, please do not submit any personal information through our website or service. We encourage parents and guardians to monitor their children's Internet use and to help enforce this policy by instructing their children never to disclose Personal Information through our Site or Service without their permission.

If you have reason to believe that a child under the age of 13 has provided us with personal data through our website or service, please contact us. You must also be at least 16 years old to consent to the processing of your personal data in your country (in some countries we may allow your parent or guardian to do this on your behalf).

Newsletters

We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your email address confidential and will not share your email address with any third party except as permitted in the Use and Processing of Information section or for the purpose of using a third party provider to send such emails. We will retain information sent by email in accordance with applicable laws and regulations.

In accordance with the CAN-SPAM Act, all emails sent by us will clearly state who the email is from and how to contact the sender. You may unsubscribe from receiving our newsletter or marketing emails by following the unsubscribe instructions contained in those emails or by contacting us.

Cookies

The website uses "cookies" to personalise your online experience. A cookie is a text file that is placed on your hard drive by a webpage server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store and track information for statistical purposes to operate our website and services. You have the option to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually change your browser settings to decline cookies if you prefer. To learn more about cookies and how to manage them, visit internetcookies.org

Consent with Borlabs Cookie

Our website uses Borlabs Cookie Consent technology to obtain
your consent to the storage of certain cookies in your browser
or to the use of certain technologies and to document this
in accordance with data protection law. The provider of this technology is
Borlabs - Benjamin A.
Bornschein, Rübenkamp 32, 22305 Hamburg (hereinafter referred to as Borlabs).

When you enter our website, a Borlabs cookie is stored in your
browser, which stores the consents you have given or
the revocation of these consents. This data
will not be passed on to the Borlabs cookie provider.

The collected data will be stored until you request us to delete
or delete the Borlabs cookie yourself or the purpose for the
data storage no longer applies. Mandatory legal retention periods
remain unaffected. Details on the data processing of Borlabs Cookie
can be found at https://de.borlabs.io/kb/welche-daten-speichert-borlabs-cookie/.

The use of Borlabs cookie consent technology takes place in order to obtain the
legally required consents for the use of cookies
. The legal basis for this is Art. 6 para. 1 lit. c DSGVO.

View/change cookie preference
Do not follow signals

Some browsers include a "do not track" feature that signals to the websites you visit that you do not want your online activities to be tracked. Tracking is not the same as using or collecting information in connection with a website. For these purposes, tracking refers to the collection of personally identifiable information from consumers who use or visit a website or online service as they move around different websites over time. The way browsers communicate the "do not track" signal is not yet consistent. As a result, this website is not yet set up to interpret or respond to the "Do Not Track" signals transmitted by your browser. Nevertheless, as described in more detail in this policy, we limit the use and collection of your personal information.

Links to other websites

Our website contains links to other websites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of these other websites or third parties. We encourage you to be aware when you leave our website and to read the privacy statements of each and every website that may collect personal information.

Information security

We secure the information you provide on computer servers in a controlled, secure environment, protected from unauthorised access, use or disclosure. We maintain reasonable administrative, technical and physical safeguards to protect against unauthorised access, use, alteration and disclosure of personal information under our control and custody. However, no data transmission over the Internet or any wireless network can be guaranteed. Therefore, while we strive to protect your personal information, you acknowledge that (i) there are security and privacy limitations of the Internet that are beyond our control; (ii) the security, integrity and confidentiality of all information and data exchanged between you and our website cannot be guaranteed; and (iii) despite our best efforts, such information and data may be viewed or tampered with by third parties during transmission.

Data breach

In the event that we become aware that the security of the Site has been compromised or that personal information of users has been disclosed to unaffiliated third parties as a result of external activities, including but not limited to security attacks or fraud, we reserve the right to take appropriate action, including but not limited to investigating, reporting, and notifying and cooperating with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify data subjects if we believe there is a reasonable risk of harm to the user as a result of the breach or if notification is otherwise required by law. If we do so, we will send you an email.

Legal disclosure

We will disclose any information we collect, use or receive when required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud or respond to a government request.

Cookie Policy

This Cookie Policy ("Policy") describes what cookies are and how the website operator ("Website Operator", "we", "us" or "our") uses them on the archisphere.at website and any of its products or services (collectively, the "Website" or "Services").

You should read this policy so that you can understand what kind of cookies we use, what information we collect through cookies and how that information is used. It also describes the choices you have about accepting or rejecting the use of cookies. For more information about how we use, store and keep your personal information secure, please see our Privacy Policy.

What are cookies?

Cookies are small pieces of data stored in text files that are saved on your computer or other devices when websites are loaded in a browser. They are often used to remember you and your preferences, either for a single visit (through a "session cookie") or for several repeated visits (through a "persistent cookie").

Session cookies are temporary cookies that are used during your visit to the website and expire when you close the web browser.

Persistent cookies are used to store your preferences within our website and remain on your desktop or mobile device even after you close your browser or restart your computer. They ensure a consistent and efficient experience for you while you visit our website or use our services.

Cookies may be set by the website ("first party cookies") or by third parties, such as those who provide content or offer advertising or analytics services on the website ("third party cookies"). These third parties can recognise you when you visit our website and also when you visit certain other websites.

What kind of cookies do we use?
Required cookies

The necessary cookies enable us to provide you with the best possible experience when accessing and navigating our website and using its features. For example, these cookies allow us to recognise that you have created an account and logged into that account to access the content.

Functionality cookies

Functionality cookies allow us to operate the website and our services in accordance with the choices you make. For example, we recognise your username and remember how you have customised the website and our services on future visits.

Analytical cookies

These cookies allow us and third parties to collect aggregate data about how our visitors use the website for statistical purposes. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the website.

Cookies for social media

Third-party cookies from social media websites (such as Facebook, Twitter, etc.) allow us to track social network users when they visit our website, use our services or share content by using a tagging mechanism provided by these social networks.

These cookies are also used for event tracking and remarketing purposes. Any data collected with these tags will be used in accordance with our and the social networks' privacy policies. We will not collect or share any personally identifiable information from the user.
What are your cookie options?

If you do not agree with the idea of cookies or certain types of cookies, you can change your browser settings to delete cookies that have already been set and not accept new cookies. To find out more about how to do this or to learn more about cookies, visit internetcookies.org

General Terms and Conditions (GTC)

These terms and conditions ("Terms", "Agreement") are an agreement between the website operator ("Website Operator", "us", "we" or "our") and you ("User", "you" or "your"). This agreement sets out the terms and conditions for your use of the archisphere.at website and any of its products or services (collectively, the "website" or "services").

Links to other websites

Although this website may contain links to other websites, we do not directly or indirectly imply any approval, association, sponsorship, endorsement or affiliation with any linked website, except as expressly stated herein. We are not responsible for examining or evaluating the offerings of any company or individual or the content of their websites, and we do not guarantee their offerings. We accept no responsibility or liability for the actions, products, services and content of other third parties. You should carefully review the legal statements and other terms of use of any website you access through a link from this website. Your linking to other off-site websites is at your own risk.

Prohibited use

In addition to any other terms and conditions set forth in the Agreement, you are prohibited from using the Site or any Content: (a) for any unlawful purpose; (b) to solicit others to engage in or participate in any unlawful activity; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to transmit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that is or may be used in any way that interferes with the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to disrupt or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or related websites if you violate any of the prohibited uses.

Intellectual property rights

This Agreement does not transfer from the Website Operator to you any Website Operator or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the Website Operator. All trademarks, service marks, graphics and logos used in connection with our Website or Services are trademarks or registered trademarks of the Website Operator or the Website Operator's licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Website Operator or third-party trademarks.

Limitation of liability

To the fullest extent permitted by applicable law, in no event shall the Website Operator, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for loss of profits, revenue, sales, goodwill, use of content, effect on business, business interruption, loss of anticipated savings, loss of business opportunity), however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the Website Operator has been advised of the possibility of such damages or could have foreseen such damages.

Settlement of disputes

The formation, interpretation and performance of this Agreement and any disputes arising hereunder shall be governed by the substantive and procedural laws of Austria without regard to its conflict or choice of law provisions and, to the extent applicable, the laws of Austria. The exclusive jurisdiction and venue for any action relating to the subject matter of this Agreement shall be the courts located in Austria, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or relating to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Disclaimer

This disclaimer ("Disclaimer", "Agreement") is an agreement between the website operator ("Website Operator", "us", "we" or "our") and you ("User", "you" or "your"). This disclaimer sets out the general guidelines, terms and conditions of your use of the archisphere.at website and any of its products or services (collectively, the "website" or "services").
Representation

Any views or opinions expressed on this website are personal and belong solely to the website owner and do not represent the views of any person, institution or organisation with which the owner may or may not be associated in a professional or personal capacity, unless specifically stated. Any views or opinions are not intended to defame any religion, ethnic group, club, organisation, business or individual.

Content and postings

You may not modify, print or copy any part of the Website. The inclusion of any part of this website in any other work, whether in hard copy or electronic or other form, or the incorporation of any part of the website in any other website by embedding, framing or otherwise without the express permission of the website operator is prohibited.

Indemnification and warranties

The website operator guarantees the accuracy, reliability and completeness of the information and content contained on, distributed through or linked to this website, downloaded from or accessed through this website. In addition, the information contained on the website and any pages linked to it are subject to change at any time without notice.

Acceptable Use Policy

This Acceptable Use Policy ("AUP", "Policy") is an agreement between the website operator ("Website Operator", "us", "we" or "our") and you ("User", "you" or "your"). This Policy sets out the general guidelines and acceptable and prohibited uses of the archisphere.at website and any of its products or services (collectively, the "Website" or "Services").

Prohibited activities and uses

You may not use the Services for any activity that is unlawful under applicable law, that would harm others, or that would expose us to liability, including, but not limited to, in connection with any of the following, each of which is prohibited by this Policy:

- Disclosure of sensitive personal information about others.

- Collecting or attempting to collect personal information about third parties without their knowledge or consent.

- Threatening harm to persons or property or otherwise causing a nuisance.

- Infringing the intellectual property or other proprietary rights of others.

- Facilitating, supporting or promoting any of the above activities through our services.
Misuse of the system

Any user who violates the security of our services will be subject to criminal and civil liability and may have their account terminated with immediate effect. Examples include but are not limited to the following:

- Use or distribution of tools that compromise the security of the services.

- Intentional or negligent transmission of files containing a computer virus or corrupted data.

- Accessing another network without permission, including looking for vulnerabilities or breaching security or authentication measures.

- Unauthorised scanning or monitoring of data on a network or system without proper authorisation from the owner of the system or network.

Service resources

You must not consume excessive amounts of the Services or use the Services in a manner that causes performance problems or interrupts the Services for other Users. Prohibited activities that contribute to excessive usage include, without limitation:

- Deliberate attempts to overload services and spread attacks (i.e. denial of service attacks).

- Engaging in other activities that degrade the usability and performance of our services.
Law enforcement

We reserve the right to act as sole arbiter in determining the seriousness of any breach and to take immediate remedial action, including but not limited to

- Disabling or removing content prohibited by this Policy, including preventing harm to others or to us or our Services, as determined by us in our sole discretion.

- Reporting breaches to law enforcement authorities as determined by us in our sole discretion.

- Failure to respond to an email from our abuse team within 2 days or as otherwise stated in the notice to you may result in suspension or termination of your services.

Nothing contained in this policy shall be construed to limit our actions or remedies in any way with respect to the Prohibited Activities. In addition, we reserve at all times all rights and remedies available to us at law or in equity with respect to such activities.

Reporting of injuries

If you have discovered a breach of this policy and wish to report it, please contact us immediately. We will investigate the situation and provide you with full assistance.

Changes and additions

We reserve the right to change this Privacy Policy, Terms and Conditions, Disclaimer, Cookie Policy, Acceptable Use Policy or any of their terms and conditions in relation to the Website or the Services at any time, effective from the posting of an updated version of this Policy on the Website. If we do so, we will revise the update date at the bottom of this page. Your continued use of the Website following any such changes will be deemed to be your acceptance of those changes.

Adoption of this policy

You acknowledge that you have read this Privacy Policy, Terms and Conditions, Disclaimer, Cookie Policy, Acceptable Use Policy and agree to be bound by all of their terms. By using the Site or its services, you agree to be bound by this Policy. If you do not agree to be bound by the terms of this policy, you are not authorised to use or access the website or its services.

Contact us

If you would like to contact us to find out more about this policy, or if you would like to contact us regarding a related matter, you can email office@archisphere.at.

This document was last updated on 8 April 2020.