Terms of Use for the Skill-Check

Scope of Services

The free service offered here is an UP’N’CHANGE tool that helps you understand your own impact-power skills and does not constitute a medical service or psychological counselling. This guide does not represent any treatment instructions, but merely serves as an instrument for gaining personal insight. The results are discreet and will only be made available to you. UP’N’CHANGE only has access to the information necessary to go through the guide.

Confidentiality and non-use obligation

The participant undertakes to treat the guide and all related information as strictly confidential and to not disclose them to third parties. The participant must take all necessary or appropriate measures to ensure compliance with this confidentiality obligation. The participant agrees not to utilize the guide and all related information in any manner whatsoever. Both obligations shall not apply if the guide and all other related information are already known or available to the general public, or at least the participant was already familiar with the guide and all related information. In all the above cases, the burden of proof lies with the customer.

We will be processing personal data of the participant. “Personal data” refers to all information provided by the participant in their reply to this guide, as well as their contact details. Personal data will be processed exclusively for the purpose of delivering the services for the participant, and will not be made available to third parties pursuing their own purposes, or disclosed in any other manner, unless this is done in an aggregated (anonymized) form.

Term

All rights and obligations hereunder shall apply for an indefinite period.

Final provisions

This contract is governed by and construed in accordance with Austrian law, to the exclusion of conflict-of-laws rules. Place of performance with respect to all services hereunder shall be Vienna. If the contracting party is an enterprise, all disputes arising out of or in connection with this agreement shall be exclusively referred to the commercial court having subject-matter jurisdiction for the First Vienna District. There are no ancillary agreements. Amendments of and modifications to this agreement shall be made in writing; this shall also apply to any waiver of this written form requirement. Should one of these terms be or become invalid, this shall not affect the validity of the remaining terms hereof. Invalid terms must be replaced by valid terms that closest reflect the commercial purpose of this agreement.

Data protection information according to Article 13 and 14 EU GDPR

Which personal data will be processed?

It is possible that you contact us yourself and we collect the data directly from you (see information acc. to Article 13 GDPR) or that your employer has placed an order with us as customer on behalf of his employees (see information acc. to Article 14) GDPR). In this case, a contractual relationship exists either directly with you or with your employer and we receive your contact details indirectly from him as customer or you are using a code provided by him.

Information acc. to Article 13 GDPR

1. Who is responsible for the processing of data and whom can I contact?

Controller:
UP’N’CHANGE GmbH
Obere Donaustraße 15A/1/1
1020 Wien
[email protected]

2. What are we processing your data for (purpose of processing) and on which legal basis?

The legal basis for the processing of the data is Article 6 para. 1(b) EU GDPR, i.e. the processing is necessary for the performance of a contract. Moreover, it is possible that you give us your consent to remain in touch with you after completion of the Skill-Check and to continue to contact you using the data you provided.

In order to give you a transparent overview, we coupled the purpose of data processing with the respective legal basis.

(1) On the basis of a consent (Art. 6, para.1(a) GDPR)
Provided that we were given consent for the processing of personal data to contact you again or to send you information material, the lawfulness of this processing shall be based on this consent. A consent once granted may be revoked any time. The withdrawal of consent shall not affect the lawfulness of the data processed on the basis of that consent before its withdrawal.

(2) In order to take steps prior to entering into a contract (Art. 6 para. 1(b) EU GDPR)
In addition, we process your contact details and e-mail address to allow you access to the platform, as well as the information provided by you during the questionnaire.

3. To whom will the data be transferred?

The data will only be processed internally and will not be forwarded to third parties. UP’N’CHANGE itself has no access to the underlying topics and is therefore unable to provide them to third parties.

4. How long will the personal data be stored?

The data will be stored throughout the term of the valid contractual relationship and, beyond that, until the end of the statutory retention and limitation periods.

In case you have given us your consent to contact you, you may withdraw your consent any time and, in this case, your data will be anonymised or deleted and you will no longer be receiving any mailings.

5. Which rights of data subjects apply?

You shall have the right to access information about the processing of your personal data, the right to rectification, the right to erasure, the right to restriction of processing, the right to data portability and the right to withdrawal and objection (Art. 5 to 21 EU GDPR). As regards the exercise of your rights, please contact: [email protected].

You may also file a complaint with the respective data protection supervisory authority. The responsible authority in Austria is the Austrian data protection authority.

6. Is there an obligation to provide data?

As part of the processing of the Skill-Check, you must only provide those personal data which are required for the implementation of the Service, so that we can render you these services. We will not be able to send you the link and the questionnaire without these data.

Information acc. to Article 14 GDPR

1. Who is responsible for the processing of data and whom can I contact?

Controller:
UP’N’CHANGE GmbH
Obere Donaustraße 15A/1/1
1020 Wien
[email protected]

2. Which personal data will be processed?

You receive this information in accordance with Article 14 GDPR because you have sent us your contact details so that we can grant you access to our service. We will process the following data about you:

  • First name, Last name
  • Email address

Your data will be processed on the basis of the contract, i.e. data will be stored in order to be able to offer you our services.

Your data will not be forwarded to third parties. If you were given a user code by your company, your employer will not receive a message informing them that you used the service or which information you provided.

3. Which rights of data subjects apply?

You shall have the right to access information about the processing of your personal data, the right to rectification, the right to erasure, the right to restriction of processing, as well as the right to data portability and the right to withdrawal and objection (Art. 15 to 21 EU GDPR). As regards the exercise of your rights, please contact: [email protected].

You may also file a complaint with the respective data protection supervisory authority. The responsible authority in Austria is the Austrian data protection authority.


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