Responsible for the processing of this data is
Dr. Karin Biebernik
8010 Graz, Austria
1. Personal data
Dr. Karin Biebernik, Schlögelgasse 10, 8010 Graz collects, processes, and uses your personal data only with your consent. The disclosure of data is voluntary. Data processing is used especially when you contact me (via e-mail, postal mail, telephone, or other means of telecommunication).
Personal data are all data that contain individual information about personal or factual circumstances. The following personal data will be used if provided by you: First name, last name, address, e-mail address, date of birth, gender, address, telephone number, payment data.
The data provided will be used exclusively for order processing or to respond to inquiries. This includes payment processing and credit checks as well as the processing of your inquiries and advertising for services that may be of interest to you. You can object to the use of data for advertising purposes at any time.
Your personal data will only be processed to the extent necessary to fulfill the respective purpose and permitted by law.
As a customer or generally affected person, you have the right to information about your stored personal data, its origin and recipient and the purpose of data processing at any time, as well as a right to correction, data transfer, objection, restriction of processing and blocking or deletion of incorrect or inadmissibly processed data.
If there are any changes to your personal data, please inform me accordingly.
You have the right at any time to revoke any consent given for the use of your personal data. Your request for information, deletion, correction, objection and/or data transfer, in the latter case, provided that this does not involve a disproportionate effort, can be directed to the address below.
If you are of the opinion that the processing of your personal data by me violates the applicable data protection law or your data protection rights have been violated in any other way, you have the option of complaining to the competent supervisory authority. In Austria, the data protection authority is responsible for this.
3. Data safety
Your personal data is protected by appropriate organizational and technical precautions. These precautions relate in particular to protection against unauthorized, illegal or even accidental access, processing, loss, use and manipulation.
Notwithstanding efforts to always maintain an appropriately high level of due diligence, it cannot be excluded that information you disclose to me may be viewed and used by others.
Please note that I therefore do not assume any liability whatsoever for the disclosure of information due to errors in data transmission not caused by me and/or unauthorized access by third parties (e.g.: hack attack on e-mail account or telephone, interception of faxes).
4. Use of data
The processing of the data is carried out:
- for the fulfillment of a contract to which the data subject is party, or for the performance of pre-contractual measures taken at the request of the data subject,
- by consent to the processing of personal data concerning you for one or more specific purposes,
- for compliance with a legal obligation to which the controller is subject,
- to safeguard the legitimate interests of the controller or a third party unless the interests or fundamental rights and freedoms of the data subject which require the protection of personal data override these.
Excluded from this is the use for statistical purposes, provided that the data provided have been anonymized.
5. Transmission of data to third parties
For contract processing, it may also be necessary to forward your data to third parties (e.g.: delivery companies, payment service providers, subcontractors). Any forwarding of your data takes place exclusively based on the DSGVO, in particular for the fulfillment of your contract or on the basis of your prior consent. The service providers used by me serve exclusively for the processing of the contract concluded with you and are obliged to use your data only for the fulfillment of their task.
Some of the recipients of your personal data mentioned above are located outside your country or process your personal data there. The level of data protection in other countries may not be the same as in Austria. However, I only transfer your personal data to countries for which the EU Commission has decided that they have an adequate level of data protection, or I take steps to ensure that all recipients have an adequate level of data protection, for which I conclude standard contractual clauses (2010/87/EC and/or 2004/915/EC).
It is expressly pointed out that the use of LinkedIn may result in the transmission of data to non-EU countries.
6. Disclosure of data breaches
I strive to ensure that data breaches are identified at an early stage and, if necessary, reported immediately to you or the relevant supervisory authority, including the respective categories of data concerned.
7. Data retention
I will not store the data longer than necessary to fulfill my contractual or legal obligations. All data from the contractual relationship will be stored for the duration of the tax retention period.
In the case of inquiries via e-mail, I reserve the right to store your data for 18 months for the processing of your inquiry and any follow-up questions.
After expiry of the deadlines, your data will be irrevocably deleted.
My website uses "cookies" to make my offer more user-friendly, effective, and secure.
A "cookie" is a small text file that is transferred to the browser's cookie file on your computer's hard drive via the web server. This enables my website to recognize you as a user when a connection is established between the web server and your browser. Cookies help to determine the frequency of use and the number of users of the website. The content of the cookies used is limited to an identification number, which does not allow any further personal reference to the user. The main purpose of a cookie is to recognize the visitors of the website.
Two types of cookies are used on this website:
· Session cookies: these are temporary cookies that remain in your browser's cookie file until you leave my website and are automatically deleted at the end of your visit.
· Permanent cookies: For better user experience, cookies remain stored on your terminal and allow me to recognize your browser the next time you visit.
You can set your browser so that you are informed about the setting of cookies and allow cookies only in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. When deactivating cookies, the functionality of this website may be limited.
9. My contact details
The protection of your data is particularly important to me. I am available for you at the contact details listed below.
Dr. Karin Biebernik
8010 Graz, Austria
GENERAL TERMS AND CONDITIONS (GTC)
Dr. Karin Biebernik
8010 Graz, Austria
These General Terms and Conditions (hereinafter referred to as: GTC) shall apply to all contracts concluded between the entrepreneur Dr. Karin Biebernik (hereinafter referred to as: "Biebernik") and consumers as well as entrepreneurs (hereinafter referred to as: customers) regarding the services offered by Biebernik in the respective valid version. The respective applicable version is available on the website www.assistext.com.
A consumer is any natural person who enters a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
With respect to entrepreneurs, these GTC shall also apply to future transactions without the need to refer to them again. Other terms and conditions shall have no validity and are thus expressly contradicted. Any deviating, conflicting, earlier, restricting, or supplementary terms and conditions and regulations of the contractual partner must be expressly agreed to by Biebernik in writing for them to become part of the contract in the individual case. Contractual performance on the part of Biebernik shall not be deemed to constitute consent to any terms and conditions that deviate from the present GTC. The GTC shall also apply to subsequent orders, even if they are not separately agreed orally or in writing.
2. Scope of the service, conclusion of the contract
Biebernik shall provide the Client with language services, in particular proofreading, editing and copywriting, as well as the planning and implementation of other services related to language services or any additional services. The exact scope of the services shall be determined by the individual contractual agreement.
All offers and price quotations that can be found on the website are subject to change and are to be understood as an invitation to the customer to make a legally binding offer himself. A contract offer by a customer always requires confirmation by Biebernik, which concludes the contract.
Biebernik undertakes to perform all assigned activities to the best of her knowledge and in accordance with the general rules for language service providers and the principles of economic efficiency. Biebernik does not owe any success and is not responsible for ensuring that a purpose desired by the Client is fulfilled. This is the responsibility of the customer.
Biebernik shall be provided with all necessary documents while placing the order. Any performance period shall not commence until the complete documents are available to Biebernik. The risk of transmission shall be borne by the customer.
The customer may only use the service for the purpose made known when the order was placed. If it is used for a purpose other than the agreed purpose, Biebernik shall not be liable in any way, even if the service contradicts the general rules for language service providers.
Biebernik is not obligated to personally perform the work assigned to her.
Unless otherwise agreed, texts/translations shall be provided by Biebernik in single copy in electronic form.
It is explicitly stated that the technical and linguistic accuracy of the source text is the sole responsibility of the client and is not subject to review by Biebernik.
The publication of a text/translation must be expressly approved by Biebernik. Her name may only be attached to the published text/translation if the entire text has been created/translated by her and if no changes have been made to the text/translation without her consent.
3. Rates and terms of payment
Due to the tax law small business regulation, sales tax is not recorded.
The rates for the respective language services are determined by the individual contractual agreement.
The basis for calculation is the agreed basis in each case (for example, target text/ source text, hourly rate, number of pages, number of lines).
A cost estimate shall only be considered binding if it is expressly designated as binding and all documents for evaluation are made available to Biebernik and are on hand at Biebernik.
Unless otherwise agreed, order changes or additional orders will be invoiced at reasonable rates.
Unless otherwise agreed in individual cases, a reasonable fee will be charged for the review of third-party translations.
Reasonable surcharges may be charged for express and weekend work, which shall be determined accordingly.
Biebernik is entitled to demand a reasonable payment on account in advance. If partial payment has been agreed between the Client and Biebernik (for example, delivery of partial services or in the case of payment on account), Biebernik may, in case of default of payment by the Client, cease work on current orders for that Client without legal consequences until the Client meets its payment obligations. However, Biebernik shall inform the Client immediately of the cessation of work.
Unless otherwise agreed, invoices are due for payment within seven calendar days without deduction.
Payment dedications made by the customer on remittance slips are not binding for Biebernik. Payments received shall be credited against the oldest outstanding claim, first against interest, then against principal, etc.
In the event of default in payment, interest in the amount of 12% per annum shall be deemed agreed. If the payment deadline is exceeded (even if only one of several invoices is involved), any allowances granted (rebates, discounts, cash discounts, etc.) shall be forfeited and added to the invoice.
In the event of default, even if the customer is not responsible for the delay in payment, the contractual partner undertakes to reimburse Biebernik for any reminder and collection expenses incurred, insofar as they are necessary for appropriate legal prosecution and are reasonable in relation to the claim.
In the case of a lump-sum payment, only one correction of the text written by Biebernik is included. Additional corrections requested by the customer are to be paid for separately.
4. Delivery date
The delivery date shall be agreed between Biebernik and the customer. If no exact delivery date has been agreed, the service shall be provided within a reasonable period of time. If the delivery date cannot be met, Biebernik shall inform the customer immediately and state the date by which the service will be provided.
A prerequisite for the binding nature of the agreed delivery date is the complete provision of the documents required by Biebernik for the service, as well as the timely payment of the required payments by Biebernik. The customer shall be available for any queries from Biebernik for the duration of the service provision.
If the Customer fails to fulfill the obligation to provide and/or pay in a timely manner, the performance period shall be extended accordingly by the equivalent amount of the delay time.
If the agreed service is not performed for reasons for which the customer is responsible, e.g.: because the customer does not provide the documents or does not provide them in time or violates his duty to cooperate, Biebernik shall nevertheless be entitled to the agreed remuneration (§ 1168 ABGB). Crediting of what the language service provider has saved because of not performing the work or what he has acquired or intentionally failed to acquire through other use shall not take place in the B2B area.
5. Force majeure
In the event of force majeure, Biebernik shall notify the customer immediately. Force majeure entitles both parties to withdraw from the contract. However, the customer shall compensate Biebernik for any expenses already incurred or efforts already made.
Force majeure is considered to be labor disputes, acts of war, civil war, occurrence of unforeseeable events that demonstrably have a decisive impact on Biebernik's ability to complete the order as agreed, and similar occurrences.
6. Secrecy/data protection
Biebernik undertakes to keep confidential all business matters of the customer that come to its knowledge, in particular business and trade secrets. This obligation shall not apply to assistants used by Biebernik for the performance of the contract.
Confidentiality is limited in time to five years after termination of the contractual relationship.
Biebernik is entitled to process transmitted data or otherwise entrusted personal data within the scope of the purpose of the contractual relationship and to store this data even after the end of the contractual relationship if this storage or processing is necessary to fulfill the order or legal obligations (for example, data for invoicing). After expiry of this period, the data will be irrevocably deleted.
No warranty is given for order-specific abbreviations that were not specified or explained by the customer when the order was placed.
Numbers are only reproduced according to the source text. The customer is responsible for the conversion of numbers, measurements, currencies, and the like.
Biebernik does not owe any success. She shall perform the tasks assigned to her to the best of her knowledge and in accordance with the general rules for language service providers and the principles of economic efficiency.
The following shall apply to entrepreneurs: In the event of a breach of the duty to inspect and give notice of defects, the assertion of warranty claims, claims for damages and claims based on error shall be excluded. All defects must be explained and proven by the customer in writing in a sufficient form (error protocol). This must be done within one week after delivery of the service.
Claims for damages by the customer against Biebernik are excluded - except in cases of personal injury – in cases of slight and simple gross negligence.
Biebernik is not obliged to check whether the client is entitled to translate the source texts or have them translated, or to use them at all. The client expressly warrants to hold all rights necessary for the execution of the order.
The customer is obligated to indemnify and hold Biebernik harmless against all claims raised by third parties arising from infringements of copyrights, ancillary copyrights, other industrial property rights or personal rights.
For some language services, language service providers, as the intellectual creators of the language service, remain the authors of the same and are therefore entitled to be named as authors. Upon full payment of the fee, the client acquires the respective agreed rights of use to the language service. The name of a language service provider may only be added to a published text or part of a text if the entire service originates from the language service provider unchanged or, in the case of changes, after the language service provider's subsequent consent.
The invalidity of individual provisions of these terms and conditions shall not affect the validity of the remainder of the contract. Should a clause be or become invalid or unenforceable, both parties undertake to replace it with a legally permissible, valid, and enforceable clause that comes as close as possible to the economic intention of the provision to be replaced.
10. Written form
All amendments, supplements to these General Terms and Conditions and other agreements between the Client and the Language Service Provider must be made in writing.
11. Applicable law and place of jurisdiction
The place of performance for all contractual relationships subject to these Terms and Conditions is the registered office of the language service provider. The court with subject-matter jurisdiction at the registered office of Biebernik shall have local jurisdiction to decide on all legal disputes arising from this contractual relationship. For lawsuits against consumers, § 14 KSchG shall apply.
Austrian law applies.