Data protection

Data Protection Declaration of Oberreiter Tourismus GmbH

INFORMATION ACCORDING TO EU GENERAL DATA PROTECTION REGULATION (GDPR)

We are very pleased about your interest in our company. Data protection has a particularly high priority for Oberreiter Tourismus GmbH.

The use of the Internet pages of Oberreiter Tourismus GmbH is generally possible without any indication of personal data. However, if a data subject wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection provisions applicable to Oberreiter Tourismus GmbH.

By means of this data protection declaration, our company would like to inform the public about the nature, scope and purpose of the personal data collected, used and processed by us. Furthermore, data subjects will be informed of their rights by means of this data protection declaration.

As the controller, Oberreiter Tourismus GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed via this website. Nevertheless, Internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions

The data protection declaration of Oberreiter Tourismus GmbH is based on the terms used by the European Directive and Regulation Giver in the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms, among others, in this data protection declaration:

a) personal data

Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) data subject

Data subject is any identified or identifiable natural person whose personal data are processed by the controller.

c) Processing

Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

e) Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

f) Pseudonymisation

Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

g) Controller or controller responsible for the processing

Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

h) Processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) Recipient

Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

j) Third party

Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

k) Consent

Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name & Address of the controller

Oberreiter Tourismus GmbH
Stahlhammerstraße 236
5542 Flachau, Austria

Tel. +43 6457 2860
E-mail: info@loj-hotel.com
Website: www.loj-hotel.com

3. Cookies

Note: This section is currently left blank on request and will be filled in later if required.

4. Website analysis

This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymization is activated on this website, your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de-DE.

You can prevent the collection of your user data by Google Analytics on this website only by clicking on the following link. An opt-out cookie will be set, which prevents the collection of your data during future visits to this website: Disable Google Analytics.

If you delete the cookies in this browser, you must set the opt-out cookie again.

Further information on the Google Analytics terms and conditions and data protection can also be found at https://www.google.com/analytics/terms/de.html.

5. Collection of general data and information

The website of Oberreiter Tourismus GmbH collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the log files of the server. The following can be recorded: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information used to avert dangers in the event of attacks on our information technology systems.

When using this general data and information, Oberreiter Tourismus GmbH does not draw any conclusions about the data subject. Rather, this information is required to (1) deliver the contents of our website correctly, (2) optimize the contents of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by Oberreiter Tourismus GmbH both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

6. Contact option via the website

Due to legal regulations, the website of Oberreiter Tourismus GmbH contains information that enables quick electronic contact with our company as well as direct communication with us, which also includes a general address of so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.

7. Routine erasure & blocking of personal data

The controller shall process and store personal data of the data subject only for the period necessary to achieve the purpose of storage or insofar as this has been provided for by the European Directive and Regulation Giver or another legislator in laws or regulations to which the controller is subject.

If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or another competent legislator expires, the personal data shall be routinely blocked or erased in accordance with the statutory provisions.

8. Rights of the data subject

a) Right to confirmation

Each data subject shall have the right granted by the European Directive and Regulation Giver to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right to confirmation, he or she may, at any time, contact our data protection officer.

b) Right of access

Each data subject shall have the right granted by the European Directive and Regulation Giver to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European Directive and Regulation Giver has granted the data subject access to the following information:

the purposes of the processing

the categories of personal data that are processed

the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations

if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration

the existence of a right to rectification or erasure of personal data concerning him or her or to restriction of processing by the controller or a right to object to such processing

the existence of a right to lodge a complaint with a supervisory authority

if the personal data are not collected from the data subject: All available information about the origin of the data

the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) GDPR and – at least in these cases – meaningful information about the logic involved, as well as the scope and intended effects of such processing for the data subject

Furthermore, the data subject has a right to be informed as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to exercise this right of access, he or she may, at any time, contact our data protection officer.

c) Right to rectification

Each data subject shall have the right granted by the European Directive and Regulation Giver to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Furthermore, taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact our data protection officer.

d) Right to erasure (right to be forgotten)

Each data subject shall have the right granted by the European Directive and Regulation Giver to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and insofar as the processing is not necessary:

The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) GDPR, or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing.

The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.

The personal data have been unlawfully processed.

The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

The personal data were collected in relation to services offered by the information society pursuant to Art. 8 para. 1 GDPR.

If one of the aforementioned reasons applies and a data subject wishes to have personal data stored by Oberreiter Tourismus GmbH deleted, they may contact our data protection officer at any time. The data protection officer of Oberreiter Tourismus GmbH or another employee will arrange for the deletion request to be complied with immediately.

If the personal data have been made public by Oberreiter Tourismus GmbH and our company, as the controller, is obliged to delete the personal data pursuant to Art. 17 para. 1 GDPR, Oberreiter Tourismus GmbH, taking into account the available technology and the implementation costs, shall take reasonable measures, including technical measures, to inform other controllers responsible for data processing who process the published personal data that the data subject has requested these other controllers to delete all links to these personal data or copies or replications of these personal data, insofar as the processing is not necessary. The data protection officer of Oberreiter Tourismus GmbH or another employee will arrange for the necessary measures to be taken in individual cases.

e) Right to restriction of processing

Any person concerned by the processing of personal data has the right, granted by the European legislator, to demand that the controller restrict the processing if one of the following conditions is met:

The accuracy of the personal data is disputed by the data subject, for a period that enables the controller to verify the accuracy of the personal data.

The processing is unlawful, the data subject refuses the deletion of the personal data and instead demands the restriction of the use of the personal data.

The controller no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims.

The data subject has lodged an objection to the processing pursuant to Art. 21 para. 1 GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.

If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored by Oberreiter Tourismus GmbH, they may contact our data protection officer at any time. The data protection officer of Oberreiter Tourismus GmbH or another employee will arrange for the restriction of processing.

f) Right to data portability

Any person concerned by the processing of personal data has the right, granted by the European legislator, to receive the personal data concerning them, which have been provided to a controller by the data subject, in a structured, commonly used and machine-readable format. They also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on the consent pursuant to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR or on a contract pursuant to Art. 6 para. 1 letter b GDPR and the processing is carried out using automated procedures, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, when exercising their right to data portability pursuant to Art. 20 para. 1 GDPR, the data subject has the right to have the personal data transferred directly from one controller to another, insofar as this is technically feasible and insofar as this does not adversely affect the rights and freedoms of other persons.

To assert the right to data portability, the data subject may contact the data protection officer appointed by Oberreiter Tourismus GmbH or another employee at any time.

g) Right to object

Any person concerned by the processing of personal data has the right, granted by the European legislator, to object at any time, on grounds arising from their particular situation, to the processing of personal data concerning them which is carried out on the basis of Art. 6 para. 1 letters e or f GDPR. This also applies to profiling based on these provisions.

In the event of an objection, Oberreiter Tourismus GmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

If Oberreiter Tourismus GmbH processes personal data for the purpose of direct advertising, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling, insofar as it is associated with such direct advertising. If the data subject objects to Oberreiter Tourismus GmbH to the processing for direct marketing purposes, Oberreiter Tourismus GmbH will no longer process the personal data for these purposes.

In addition, the data subject has the right to object, on grounds arising from their particular situation, to the processing of personal data concerning them which is carried out at Oberreiter Tourismus GmbH for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

To exercise the right to object, the data subject may contact the data protection officer of Oberreiter Tourismus GmbH or another employee directly. The data subject is also free, in connection with the use of services of the information society, notwithstanding Directive 2002/58/EC, to exercise their right to object by means of automated procedures in which technical specifications are used.

h) Automated decisions in individual cases, including profiling

Any person concerned by the processing of personal data has the right, granted by the European legislator, not to be subject to a decision based exclusively on automated processing – including profiling – which has legal effect against them or significantly impairs them in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is admissible under Union or Member State law to which the controller is subject and that law contains appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or (3) is taken with the express consent of the data subject.

If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller or (2) it is taken with the express consent of the data subject, Oberreiter Tourismus GmbH shall take appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, which shall include at least the right to obtain the intervention of a person on the part of the controller, to state their own point of view and to contest the decision.

If the data subject wishes to assert rights relating to automated decisions, they may contact our data protection officer at any time.

i) Right to revoke consent under data protection law

Any person concerned by the processing of personal data has the right, granted by the European legislator, to revoke consent to the processing of personal data at any time.

If the data subject wishes to assert their right to revoke consent, they may contact our data protection officer at any time.

9. Legal basis of the processing

Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, in processing operations that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as to fulfil tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance details or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not outweigh them. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 GDPR).

10. Legitimate interests in the processing pursued by the controller or a third party

If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the implementation of our business activities for the benefit of the well-being of all our employees and our shareholders.

11. Duration for which the personal data are stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiry of the period, the corresponding data are routinely deleted, provided that they are no longer required for the fulfilment or initiation of the contract.

12. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for the conclusion of a contract that a data subject provides us with personal data, which must then be processed by us. The data subject is obliged, for example, to provide us with personal data if our company concludes a contract with them. Failure to provide personal data would mean that the contract with the data subject could not be concluded. Prior to the provision of personal data by the data subject, the data subject must contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the non-provision of the personal data would have.

13. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

14. Competent authority

Austrian Data Protection Authority

Wickenburggasse 8
1080 Vienna
Austria
dsb@dsb.gv.at

This data protection declaration was – with the exception of the cookie information – created by the data protection declaration generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which is active as an external data protection officer in Freising, in cooperation with the lawyer for data protection law Christian Solmecke.