Legal & Privacy
Privacy Policy
We, Chreon Collect GmbH, take the protection of the personal data of our users very seriously and strictly comply with the provisions of the applicable data protection laws. All collected data are protected by appropriate technical and organisational measures to the best of our ability. We use personal data exclusively for the performance of our services and delete them once they are no longer required for their intended purpose or if statutory retention obligations no longer apply.
This privacy policy provides you with an overview of the type, scope and purpose of the collection and use of personal data as well as the protective measures applied.
We reserve the right to amend this privacy policy in order to reflect changes in legal requirements or in our services and data processing procedures. Such changes will apply only to statements concerning data processing. Insofar as user consent is required or the changes affect provisions forming part of a contractual relationship with the users, the amendments will only be made with the consent of the users.
Automatic Data Processing on this Website
When you access our website, certain information transmitted by your browser is automatically stored in our server log files. These include:
- Browser type and version
- Operating system used
- Referrer URL (previously visited page)
- Host name of the accessing computer (IP address)
- Time of the server request
These data cannot be attributed to specific individuals. A consolidation of these data with other data sources (e.g. e-mail addresses) is not performed. The data are used solely for troubleshooting purposes and are deleted after no more than one week.
Cookies
Our website uses cookies in several places. They help make our offering more user-friendly, efficient, and secure. Cookies are small text files that are stored on your computer by your browser. You can prevent the installation of cookies by selecting the appropriate settings in your browser software; however, please note that in this case you may not be able to use all the functions of this website to their full extent. Cookies do not cause any damage to your computer and do not contain viruses. We do not store personal data in connection with cookies.
Viewing this website is also possible without cookies, though this may lead to functional limitations of our online offering.
SSL Encryption
To ensure the best possible protection of your transmitted data, our website uses SSL encryption. You can recognise an encrypted connection by the prefix https:// in your browser’s address bar or by a lock symbol next to it. All data transmitted to our website (e.g. via contact forms) cannot be read by third parties thanks to SSL encryption.
Right of Access and Rectification
You have the right at any time to obtain, free of charge:
- Information regarding the nature and extent of the data stored about you, their origin and the purpose of storage and processing, and
- Rectification of inaccurate data.
Contact Form
When you contact us via our contact form, we collect the following personal data: your name, e-mail address, and your message as entered in the free text field.
The processing of this data is carried out exclusively for the purpose of handling your inquiry and, if necessary, for contacting you in case of follow-up questions.
The legal basis for processing is your consent in accordance with Article 6 (1)(a) GDPR. If your inquiry relates to an existing contractual relationship, Article 6 (1)(b) GDPR may additionally serve as a legal basis.
Your information will be treated confidentially and will not be disclosed to third parties. Disclosure occurs only to our hosting or e-mail service providers who process data on our behalf.
We store your data only as long as necessary to process your inquiry. Afterwards, the data are deleted unless statutory retention obligations apply.
You have the right to revoke your consent at any time with effect for the future. For further information about your rights, please refer to the section “Your Rights” of this privacy policy.
Objection to Further Data Processing and Use
You may withdraw at any time your consent to the processing and use of your personal data for the provision of the respective services.
A withdrawal of consent naturally results in the discontinuation of any related services (e.g. newsletter subscriptions), and we will immediately cease providing the respective service. Your personal data will be deleted in this context without undue delay.
If you have any questions that this privacy policy has not answered, or if you require further information on any particular point, please feel free to contact us at any time:
By e-mail: office@chreon-collect.com
By post: Chreon Collect, Handelskai 94-96/10. OG, 1200 Wien
Upon request, we will also gladly respond to inquiries or access requests in writing by post for your security.
General Terms and Conditions
1. Scope of Application
These General Terms and Conditions (hereinafter “GTC”) apply to all assignments, including follow-up orders. The applicability of any general terms and conditions of the client is excluded; any such terms are expressly rejected. These GTC apply to all legal transactions between Chreon Collect GmbH (hereinafter “Chreon Collect”) and its clients concerning the provision of debt collection services, in particular the extrajudicial and judicial recovery of claims.
Any deviating, conflicting, or supplementary terms and conditions of the client shall not form part of the contract—even if known—unless their validity has been expressly agreed to in writing.
These GTC shall also apply to all future transactions of a similar nature, even if they are not expressly referred to again.
2. Conclusion of Contract and Execution of Assignment
If the engagement of a lawyer becomes necessary for the initiation of legal proceedings, such engagement shall be expressly made in the name and on behalf of the client. The client undertakes to bear all associated costs personally.
Chreon Collect is entitled, after prior consultation and approval by the client, to enter into installment payment agreements, settlements, and other procedural arrangements.
Contracts with Chreon Collect are concluded upon written confirmation of a collection order. The mere transmission of claim data does not constitute an assignment.
Chreon Collect is entitled to delegate the performance of the assignment, in whole or in part, to third parties (e.g., correspondent attorneys, bailiffs, credit information agencies), but remains responsible for the proper execution of the assignment.
The selection of measures within the collection process shall be made at the reasonable discretion of Chreon Collect, unless explicit instructions have been issued by the client.
3. Rights and Obligations of the Client
The client warrants that all claims submitted are legally valid, due, not time-barred, and have not already been collected or assigned elsewhere.
The client undertakes to inform Chreon Collect immediately and comprehensively of all circumstances relevant to the enforcement of the claim.
Payments made by the debtor directly to the client must be reported to Chreon Collect without delay. Such payments shall be deemed to have been obtained through the intermediation of Chreon Collect, unless expressly proven otherwise.
4. Remuneration and Costs
The client shall only be entitled to offset claims against Chreon Collect’s claims with undisputed or legally established counterclaims.
If the debtor makes payments in the course of legal proceedings, such payments shall first be applied to Chreon Collect’s claims (collection fees, expenses, and charges), then to interest, and finally to the principal amount.
Billing shall be carried out in accordance with the agreed fee schedule, success-based commission, or pursuant to § 1333 (2) of the Austrian Civil Code (ABGB – Inkassotarif).
Success-based fees shall also become due if payments are made directly to the client or otherwise fulfilled.
In the event that the client withdraws claims without valid reason, or waives them in whole or in part, Chreon Collect reserves the right to charge for expenses already incurred.
All prices are exclusive of VAT, unless otherwise agreed.
5. Scope of Services
The services provided by Chreon Collect include, in particular:
– Extrajudicial debt collection
– Dunning procedures (by mail, telephone, or electronic communication)
– Preparation and monitoring of payment arrangements
– Judicial recovery in cooperation with contract attorneys
– Long-term monitoring of enforceable (titled) claims
– Debtor tracing and investigation
Chreon Collect shall not be obliged to exhaust every possible measure or to pursue every legal action.
The legal examination of objections or counterclaims is not part of the standard collection process unless expressly agreed otherwise.
6. Data Protection and Confidentiality
Chreon Collect undertakes to comply with all applicable data protection regulations (in particular the General Data Protection Regulation – GDPR – and the Austrian Data Protection Act – DSG).
All data and documents provided shall be used exclusively for the purpose of fulfilling the assignment.
The client guarantees that they are lawfully entitled to transmit the respective data.
All confidential information obtained during the course of cooperation shall be treated as strictly confidential and shall remain so even after termination of the contractual relationship.
7. Liability
To the extent permitted by law, the liability of Chreon Collect GmbH shall be limited to a maximum amount of EUR 5,000.00 per claim.
Claims for damages must be asserted in court within six (6) months from the date the claimant becomes aware of the damage and the party responsible; otherwise, such claims shall be forfeited (relative limitation period).
In any event, claims shall become time-barred within one (1) year from the date of the event giving rise to the claim (absolute limitation period).
The client is responsible for monitoring limitation and forfeiture periods in their own area of responsibility and must inform Chreon Collect in due time of any such deadlines concerning the claims transferred.
Chreon Collect shall only be liable for damages caused by intent or gross negligence.
Liability for loss of profit, consequential damages, or financial losses is excluded to the extent legally permissible.
The client shall indemnify and hold harmless Chreon Collect from and against any third-party claims arising from inaccurate or incomplete information provided by the client.
8. Term and Termination of the Contract
If the client terminates the contract or individual assignments, Chreon Collect shall remain entitled to invoice for services rendered up to that point and to claim reimbursement for any expenses already incurred.
The contract is concluded for an indefinite period and may be terminated by either party by giving two (2) months’ written notice effective at the end of a calendar month.
Claims already submitted shall remain authorized for further processing by Chreon Collect even after termination of the contract, unless expressly withdrawn in writing.
Chreon Collect reserves the right to return assignments without notice for cause.
9. Assignment Prohibition
Claims against Chreon Collect may not be assigned or transferred by the client to third parties without the prior written consent of Chreon Collect.
10. Client’s Duty to Provide Information
Notices and communications may validly be made by e-mail.
Messages shall be deemed received no later than on the third working day after being sent to the most recently notified e-mail address, unless earlier receipt is proven.
The client undertakes to inform Chreon Collect without delay of any changes to their contact details (postal address, e-mail address, telephone number).
If such notification is omitted, any declarations shall nevertheless be deemed to have been duly received if sent to the last address provided by the client.
11. Intellectual Property and Proprietary Rights
Designs, templates, forms, collection documents, analyses, reports, and any other materials or files provided by Chreon Collect shall remain the intellectual property of Chreon Collect.
They may not be reproduced, published, or disclosed to third parties without Chreon Collect’s express written consent.
12. Availability and Liability for Data Loss
Chreon Collect takes all technically and organizationally reasonable measures to securely store transmitted data and to protect it against unauthorized access.
In the event of data loss or third-party access not caused by gross negligence or intent, Chreon Collect shall not be liable.
13. Final Provisions
Events of force majeure (including but not limited to failures of communication networks, official orders, natural events, or strikes) shall release Chreon Collect from its performance obligations for the duration and to the extent of their effect. Claims for damages arising therefrom are excluded.
Chreon Collect is entitled to withhold the release of documents until all outstanding claims have been fully settled (right of retention).
Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
Any amendments or supplements to these General Terms and Conditions must be made in writing.
The place of performance and exclusive jurisdiction shall be the registered office of Chreon Collect GmbH.
Austrian substantive law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).