When sending mailings by the customer, the recipient's name and email address are transmitted in an encrypted manner to our email service provider Mailjet. The opening of the email and the clicking of links within it are tracked by our email service provider (ESP). The former only occurs if the recipient allows images in the message to be loaded by their mail client.
Justification for technical necessity: The legality for setting or reading cookies is generally regulated in
Art. 5 Abs. 3 of Directive 2002/58/EC, which is implemented at the national level in Germany in
§ 25 TTDSG and in Austria in
§ 165 Abs. 3 TKG 2021. In summary, cookies can only be set or read without consent when it is absolutely necessary to provide the service requested by the user or subscriber ("technically necessary cookies").
Neither Directive 2002/58/EC, nor TKG 2021, nor TTDSG contain a list of what exactly constitutes "technically necessary cookies". However, the
Opinion 04/2012 on Cookie Consent Exemption, WP 194, 00879/12/EN of the former Art. 29 Working Party provides criteria to assess whether cookies are technically necessary according to Art. 5 Abs. 3 of Directive 2002/58/EC.
According to information from the
Austrian supervisory authority, cookies are not technically necessary (and therefore require consent) if they track user behavior on the respective website or across multiple websites or devices. This includes social media plugins or advertising networks, which result in the transmission of personal data to third parties.
The "hl" and "device_view" cookies are technically unable to directly or indirectly associate with a natural person, and no data is transmitted to third parties.
The
supervisory authority in Luxembourg specifies for technically necessary cookies that "user-input cookies" or "session-id cookies" (when a user fills out a form or a shopping cart), "multimedia player session cookies" (storing technical data to play video and audio content), and "user interface customization cookies" (storing preferences like language settings) are explicitly included in the exemptions.
The "hl" and "device_view" cookies fall into the category of "user interface customization cookies" and are therefore not subject to consent requirements according to § 165 Abs. 3 TKG 2021 or § 25 Abs. 2 Nr. 2 TTDSG. The legal basis for this processing is in the legitimate interest of the controller according to Art 6 Abs 1 lit f GDPR, where the legitimate interest lies in the correct and readable display of the registration form for event participation on the user's device.