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Smartpay app Data privacy statement - Data privacy statement

List of contents

  1. Note on the controller
  2. General information on data privacy
  3. Personal data
  4. Collection and processing of personal data
  5. Data security
  6. Forwarding of data to third parties / Transmission of data abroad
  7. Deletion of personal data
  8. Disclosure of data leaks
  9. Rights
  10. Right to object to direct advertising, right of revocation
  11. Legal information and cookie information
  12. Amendments

This data privacy statement supplements our General Terms and Conditions of Usage for the café+co Smartpay app. Reference is therefore made not least also to the definitions contained in these General Terms and Conditions of Usage.

1. Note on the controller

The controller for the data processing within the framework of the Smartpay app is:
café+co International Holding GmbH
FN 192695a (Vienna Commercial Court)
Vorarlberger Allee 14
1230 Vienna
VAT ID no.: ATU49507207
Tel: +43 (0)5 05 200

2. General information on data privacy

The protection of your personal data is a particular concern of ours. We process your personal data solely on the basis of the relevant legal norms and in accordance with such norms (in particular the General Data Protection Regulation [GDPR], the Data Privacy Act [DSG] and the 2003 Telecommunications Act)

3. Personal data

Personal data are all information with which you can be identified personally or which make you identifiable (e.g. name, date of birth, gender, address, telephone number, e-mail address, etc.).

4. Collection and processing of personal data

4.1. General

Your personal data will only be processed by us if either the saving of the data is required for technical reasons (“legitimate interest”) or you voluntarily notify these data for certain purposes (“data notification”). The following personal details are used by us for a data notification (if these data are provided to us): first name, surname, e-mail address, mobile telephone number, address (comprising postcode, place, street and country), language used, date of birth, gender, collected “Coffeepoints”, voucher orders, participation in competitions, favourite vending machines, chip IDs, transaction and usage data, as well as, if necessary, the correspondence with us. The personal data provided by you will be used if this is necessary to fulfil the respective purpose and/or this is necessary or permitted by law.

4.2. Use of the data

In the following, you will be given an overview of what happens with your personal data when you use the Smartpay app and of the most important aspects of data processing within the framework of our Smartpay app.

4.2.1. Usage of the Smartpay app

When it is opened, closed, or a user logs in or off, or in the event of any usage of the app, the Smartpay app records in particular (i) login data with time stamp, (ii) generic appliance information, (iii) general operating system information, (iv) IP address and (v) location data that are necessary for a corresponding upholding of the scope of functionality of the Smartpay app and of the bonus programmes (in particular those that are necessary to defend against cyber attacks and the associated further technical development of the application).

The saving of the data is technically required in such a case and thus also compliant with data privacy (“legitimate interest”). These data are not processed further unless otherwise regulated in the following.

We also use your data to eliminate errors in the Smartpay app, to increase the user friendliness and to improve the effectiveness of our services.

4.2.2. Contact

When you contact us by e-mail, telephone, post or via other means of distance telecommunication, the data you provide will be saved at our company for the processing of your request and for any follow-up questions for the duration of 36 months. These data will not be shared with other parties without your consent.

4.2.3. Purposes of the processing of personal data

The purposes of the processing of your personal data within the framework of the Smartpay app are in particular: (I) contact, (ii) processing of the registration of a user account and its administration, (iii) handling of top-ups of the credit balance account, (“digital wallet”), (iv) handling of product purchases via the credit balance account, (v) registration for and the handling of the participation in the bonus programme or in competitions, (vi) (handling of) refunds of credit balances on the credit balance account, and if applicable (vii) review of the legal age of the user and (viii) conducting (of other) correspondence.

4.2.4. Advertising, market and opinion research

Your personal data will be used for advertising, market and opinion research and/or product-specific surveys and marketing activities if you give your consent to this beforehand or if the legal provisions so permit (and you have not raised any objection to this).

5. Data security

We use technical and organisational security measures in order to protect your data against unauthorised, unlawful or accidental access, loss, processing, use and tampering. Your data are protected by a secure server.

Our security measures are continuously being improved to protect your data. Irrespective of our security precautions, unlawful intervention by third parties (through malware, hacking, interception of faxes, etc.) cannot be ruled out entirely. For this reason, we do not assume any liability for the disclosure of information due to errors not caused by us in the transmission of data and/or in the event of unlawful access to data by third parties.

6. Forwarding of data to third parties / transmission of data abroad

The forwarding of your personal data to third parties is done solely in compliance with data privacy law, namely in particular if you have agreed to the forwarding of your data or this is necessary to handle the contract or to fulfil statutory obligations. Forwarding of your data can also be done to prevent cases of misuse (e.g. misuse of credit cards). The contract processors used by us (e.g. payment service providers, IT service providers to operate the website, the Smartpay app and in the course of the transmission of data between us and the providers, the saving of data, the sending of information to the user) only receive your personal data in order to be able to handle the contracts concluded with you. Our contract processors may only use your data to carry out their task. We also ensure that our contract processors also abide by the provisions of data privacy law.

The level of data privacy in third countries may, under certain circumstances, not correspond to that in Austria. For this reason, your data will only be sent to third countries if the EU Commission has decided that this country has an appropriate level of data privacy or there are other suitable data privacy guarantees (like standard contractual clauses concluded by us). If our company is transferred to third parties in its entirety or in part, your data will also be transferred. The validity of the data privacy statement, however, remains unaffected by such processes.

7. Deletion of personal data

Your personal data will not be stored by us for longer than is necessary to fulfil our contractual or statutory obligations, to defend against any liability claims and to terminate any legal disputes for which the data are required as evidence. For instance, your data will be stored on conclusion of contract until the expiry of the retention obligation pursuant to tax law of seven years.

When you create a Smartpay app user account or register and you have provided personal data, we fundamentally save these until the expiry of 3 (three) years after your last contact with us, unless you revoke your consent beforehand.

8. Disclosure of data leaks

At all times, we strive to identify data leaks early on. Any data breaches will be reported by us to you and/or the responsible supervisory authority, indicating the data affected (notification of data breach).

9. Your rights

As a fundamental rule, you have the right to information, to rectification/completion, deletion, restriction in processing, data portability, revocation and objection. Please send your requests in this regard with proof of your identity by e-mail to or by post to our address named above under point 1. If you believe that the processing of your data breaches data privacy law or your claims under data privacy law have been otherwise breached in any way, you can also contact the responsible supervisory authority – in Austria this is the Data Protection Authority, Barichgasse 40-42, 1030 Vienna.

10. Right to object to direct advertising, right of objection

In particular, you may also object at any time to any further processing of your personal data for purposes of direct advertising. In such a case, we will no longer process your data unless there are mandatory reasons worth protecting for the processing.

In addition, you can in particular also revoke your declaration of consent under data privacy law towards us at any time, with effect for the future. However, revoking the consent will not affect the lawfulness of the processing done based on the consent until the revocation.

You can exercise these rights in the forms named above under point 9.

11. Legal notice and cookie information

11.1. General

By using our Smartpay app, you accept our data privacy statement and declare your explicit consent to the collection, usage, forwarding, saving and protection of your personal data according to this data privacy statement and the provisions of data privacy law.

At all times, we strive to ensure the accuracy and completeness of the information on our SmartPay app. Nevertheless, they may be unintentional errors. It can, for instance, be the case that the information and software applications provided, in their entirety or in part, cannot be executed, are not up-to-date, are non-secure, incomplete or faulty, are not permanently available or any errors/problems cannot be immediately eliminated. We reject any liability for non-executable, non-up-to-date, non-secure, incomplete, incorrect or missing information and software applications on our Smartpay app and such that are not permanently available.

We do not assume any liability for content of links to external websites in the Smartpay app. At all times, the respective provider is responsible and liable for content of external websites. We are also not liable for the content that is published by the respective provider in the Smartpay app and we are also not obligated to carry out a check in this regard.

Decisions that are based on information that is provided in our Smartpay app and sites linked by hyperlinks are solely at your discretion and under your responsibility. We also not assume any liability for accidental or indirect damage in connection with the execution of software applications, including damage to the terminal or damage arising from loss of usage, data or income.

If you would like to use our information or data for commercial purposes, consent must be obtained beforehand for this. Please contact us for this purpose (see contact details above).

For reasons of completeness, reference is made in general to the fact that information, data, documents, business and operating secrets, ideas, etc. published (on the Internet) and (thus) made accessible to anybody are no longer subject to non-disclosure.

11.2. Cookies

For reasons of completeness, we record that we use cookies on our website – which are occasionally referred or could be referred to within the framework of the Smartpay app – in order to make our offering more user-friendly and effective. As explanation: Cookies are small (text) files that transfer a website or an app to your hard disk or your mobile terminal. Although cookies identify the device of a user, they do not identify the user in person within the framework of the Smartpay app. However, we do not use such cookies per se.

12. Amendments

We reserve the right to carry out changes or supplements to the information content at any time and without prior announcement. If parts or individual wording of this text do not comply with the valid legal provision, or no longer comply or do not comply in full, this does not affect the content of the remaining parts or their validity.

Do you have any questions?

If you have any questions on the SmartPay app, please do not hesitate to contact us by e-mail at

If a problem should occur with one of our appliances, our customer service will be pleased to assist you further.

Mon.-Fri.: 7.30 am until 5.00 pm, on the telephone number: +43 05 05 200-12.

In both cases, please feel free to send us a message via the LiveChat here on the homepage.

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