Privacy Policy and Information According to Art. 13 and 14 GDPR

1. General

The protection of your personal data is of particular concern to us. We therefore process your data exclusively in a lawful manner on the basis of the statutory provisions (GDPR, DSG 2018, TKG 2021). In this privacy policy, we inform you about the most important aspects of data processing – type, scope and purposes of the collection and use of personal data – in the context of the use of our website and in the context of other services of our company.

Only the German version of our privacy policy is legally binding text. The English translation serves as a legally non-binding information. Deviations of the English text or how it could be understood do not affect the exclusive legal validity of the German text and its meaning.

1.1. Responsibility for the Processing of your Data

The responsible person (“controller” within the meaning of Art. 4 no. 7 GDPR) of the processing of your personal data (“personal data” within the meaning of Art. 4 no. 1 GDPR) is:

Unterschwartengut – Boutique Apartments
Andrea und Oliver Döll
Gaisbichl 1
A-5722 Niedernsill
Tel: +49 1577 5738041
E-Mail: unterschwartengut@gmx.at

1.2. Purposes, Categories of Data and Lawfulness of the Processing of Personal Data

Purposes of the processing of personal data

The purposes of processing your personal data generally result from our business activities as a private guesthouse: making our online offers available, processing customer inquiries, bookings, ordering / purchasing third-party services, accounting, communication with business partners and customers. Detailed information on the purposes of processing and, if necessary, further processing for other compatible purposes as well as the processed data categories can be found in the detailed descriptions of the individual data processing processes.

General categories of data

Personal master data (e.g. name, date of birth and age, address)
Contact details (e.g. email address, telephone number, fax number)
Communication data (time and content of communication)1
Order or booking data (e.g. ordered goods or commissioned services and invoice data such as service period, payment method, invoice date, tax identification number …)
Payment details (e.g. account number, credit card details)
Contract data (content of contracts of any kind)
Web usage data (e.g. server data, log files and cookies)
Identification numbers (e.g. identity card number)

Processing of special categories of personal data according to Art. 9 GDPR

Health data (only if you have given us your explicit consent to process your data)

Lawfulness of the processing of personal data

There is basically no obligation to provide the data for the data processing described in this data protection declaration. Failure to provide this data simply means that we cannot offer these services. The legal basis for the processing of your personal data, which is necessary for the fulfilment of a contract with you or an order from you to us, is Art. 6 (1) lit. b GDPR. Insofar as the processing of personal data is necessary on our part to fulfil a legal obligation (accounting obligation, bookkeeping obligation or other legal documentation obligations), Art. 6 (1) lit. c GDPR serves as the legal basis. If the processing of the data takes place in your own vital interest, the legal basis for the data processing is Art. 6 (1) lit. d GDPR. If we process your data to carry out the task assigned to us in the public interest (“sovereign action”), the legal basis is Art. 6 (1) lit. e GDPR. If processing is necessary to safeguard a legitimate interest of our company or a third party and your interests, fundamental rights and freedoms do not outweigh our interests, Art. 6 (1) lit. f GDPR (“legitimate interest”) serves as the legal basis for processing. In this case, we will also inform you about our legitimate interests. Unless we have any other legal basis explained above for the processing of personal data, we will ask for your consent to data processing, whereby in these cases we refer to Art. 6 (1) lit. a GDPR or in the case of the processing of special categories of data based on Art. 9 (2) lit. a GDPR as the legal basis. You can revoke this consent at any time free of charge without affecting the legality of the processing carried out on the basis of the consent until the revocation.

1.3. Transfers of Personal Data to Data Processors and Third Parties

We process your personal data with the support of data processors who support us in providing our services. These data processors are through a corresponding agreement within the meaning of Art. 28 GDPR with us obliged to strictly protect your personal data and may not process your personal data for any purpose other than to provide our services. You can find out which data processors are involved in the detailed descriptions of the individual data processing processes.

Your personal data will be passed on to companies other than our data processors to typical economic service providers such as banks, tax consultants or auditors. Transfer of personal data to state institutions and authorities only takes place within the framework of mandatory national legal provisions.

Depending on your order (e.g. for bookings and inquiries), your personal data will only be transmitted to tourist service providers to the extent necessary to fulfil your order. The transmitted personal data vary depending on the service.

1.4. Transfers of Personal Data to Third Countries or International Organisations

In principle, we process your personal data in the EU. If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if we use the services of our data processors or third parties, this will only take place if the requirements of Art. 44 ff. GDPR are available for the transfer to third countries: i.e. on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU or in compliance with officially recognized contractual obligations, the so-called “EU standard contractual clauses”. If we rely on the EU standard contractual clauses as the legal basis for the transmission of your personal data, we will also check the admissibility of this data transmission as part of a comprehensive risk assessment. If we come to a negative result, we will not transfer these data without your explicit consent in accordance with Art. 49 (1) lit. a and Art. 6 (1) lit. a GDPR to a third country.

1.5. Data Erasure and Period of Data Storage

Your personal data will be deleted by us as soon as the purpose for which we collected your data no longer applies. Storage can also take place if we process the data for a purpose that is compatible with the original purpose. It can also take place if this is provided for by laws, ordinances or other provisions to which our company is subject.

1.6. Data Sources

We only collect your personal data from you and do not use any other data sources.

1.7. Profiling

We do not use any automated decision-making or profiling processes that have a legal effect on you or that significantly affect you in a similar manner.

1.8. Safeguarding your Data Protection Rights

In principle, you have the right to information, correction, deletion and restriction of the processing of personal data in accordance with the GDPR. If the legal basis for the processing of your personal data is your consent or a contract concluded with you, you also have the right to data portability. You have the right to revoke any consent you may have given to the processing of your personal data. The lawfulness of the processing of your personal data up to the time of revocation is not affected by this. You have the right to object to the processing of your personal data for the purpose of direct marketing. In the event of an objection, your personal data will no longer be processed for the purpose of direct marketing. A detailed explanation of these rights can be found here in Chapter III.

Right of complaint

If you believe that the processing of your data violates data protection law or your data protection claims have otherwise been violated in any way, you can complain to the competent supervisory authority. In Austria, this is the data protection authority (Wickenburggasse 8, 1080 Vienna, email: dsb@dsb.gv.at).

2. Visiting our Website

In this section we inform you how we process your personal data when you visit our website.

2.1. Presentation of the Website

Server data

For technical reasons, based on the legal basis of § 165 (3) S 3 TKG 2021 (required for the operation of our website), the following data, which your internet browser transmits to us or to our web space provider, will be processed (so-called “server log files”):

Browser type and version
Operating system and device type used (e.g. desktop / mobile)
Website from which you are visiting us (referrer URL)
Website you visit
Date and time of your access
Your internet protocol address (IP address)

This data, which is anonymous to us, is stored separately from any personal data you may have provided and therefore does not allow us to draw any conclusions about a specific person. They are evaluated for statistical purposes in order to be able to optimize our website and our offers.

SSL or TLS encryption

For security reasons and to protect the transmission of confidential content, such as B. Orders or inquiries that you send to us as the website operator, an SSL or TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http: //” to “https: //” or by the lock symbol in your browser line. If the SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.

Technical service providers

We create and edit the content of our website with the help of the following service provider. With this service provider we have concluded a corresponding agreement according to Art. 28 GDPR to process your data exclusively to the extent of our order:

Serverhosting:

Strato AG, Otto-Ostrowski-Straße 7, D-10249 Berlin. Further information under: https://www.strato.de/datenschutz/.

2.2 Cookies

Cookie Banner – Cookies on our website

Our website uses cookies. Cookies are small text files that are used to store information when visiting websites and are stored on the website visitor’s computer. The legal basis for cookies, which are absolutely necessary for the proper operation of our website (e.g. shopping cart cookie), is § 165 (3) S 3 TKG 2021. Cookies that are not necessary for the function of our website are deactivated and will only be activated by your consent in accordance with Art 6 (1) lit. a GDPR in our cookie banner. You can activate or deactivate individual cookies or cookie groups. If you restrict the use of cookies on our website, you may no longer be able to use all functions of our website to their full extent. You can find detailed information about the cookies used on our website in our cookie banner.

Change the cookie settings in your web browser

How the web browser you are using handles cookies, i.e. which cookies are allowed or rejected, can be determined in the settings of your web browser. You can delete cookies already stored on your computer / device yourself at any time. Where exactly these settings are located depends on the respective web browser. Detailed information on this can be called up using the help function of the respective web browser.

In addition, it is possible to generally object to cookies and similar tracking technologies using the services listed below by setting your individual preferences – which technologies you want to allow for usage and interest-based advertising:

European Interactive Digital Advertising Alliance (EDAA):
https://www.youronlinechoices.com/uk/your-ad-choices
Network Advertising Initiative (NAI):
https://optout.networkadvertising.org/?c=1#!%2F

2.3. Communication with us

Contact form and email

On our website, we offer you the option of contacting us by email and / or using a contact form. In this case, the information you provide will be processed for the purpose of processing your contact based on the legal basis of contract fulfilment in accordance with Art. 6 (1) lit. b GDPR. There is no legal or contractual obligation to provide this personal data. Failure to provide it simply means that you do not submit your request and we cannot process it. The data will only be passed on to third parties if this is stated on the website or in this data protection declaration or is necessary for the fulfilment of the contract or if this is required by statutory provisions. We only save your data for as long as is expedient for processing your inquiries or for any queries you may have.

2.4. Integration of other Third-Party Services and Content

We integrate content or functions of third parties within our website. This always presupposes that the providers of this content or functions perceive the IP address of the users. Without the IP address, they would not be able to send the content to the browser of the respective user. The IP address is therefore required for the presentation of this content. We endeavor to use only such content whose respective providers use the IP address only for the delivery of the content. However, we have no influence on whether the third-party providers store the IP address, e.g. for statistical purposes. The legal basis for the use of these services, insofar as they are necessary for the functioning of our website, is our legitimate interest in accordance with Art. 6 (1) lit. f GDPR, otherwise your consent according to Art. 6 (1) lit a GDPR. Information on the purpose and scope of the further processing and use of the data by the providers of the embedded services/content as well as further information within the meaning of the Art. 13 and 14 GDPR can be found under the information links listed below. The following services/content are embedded in our website:

OpenStreetMap

We use the open source map service “OpenStreetMap” (also called “OSM”) of the company Openstreetmap Foundation (St John’s Innovation Centre, Cowley Road, Cambridge, CB4 0WS, United Kingdom). For this purpose, the map material is loaded from the server of OSM. The following data is transmitted to OSM: the visited page of our website, the IP address of your device and location data. The legal basis for the processing of your data is Art. 6 (1) lit. f GDPR (legitimate interest). Our legitimate interest consists in an appealing presentation of our online offer or the geographical presentation of the offers of our region. In the case of location data from mobile devices, the legal basis is your consent under Art. 6 (1) lit. a GDPR by releasing the transfer of location data on your mobile device. The European Commission has certified that the United Kingdom has a level of protection of personal data that is essentially equivalent to that enjoyed in the European Union. The legal basis for the transfer of data to Great Britain is therefore Art. 45 GDPR. For more information about OSM, see: https://wiki.osmfoundation.org/wiki/Privacy_Policy.

3. Other Data Processing in Business and Customer Contact

In this section we inform you about other data processing processes outside our website.

3.1. Job Applications

The contact data and application documents transmitted to us in the course of a job application will be processed by us exclusively internally for the purpose of selecting suitable candidates for an employment relationship. There is no legal or contractual obligation to provide the personal data. Failure to do so will only result in you not submitting your request and we will not be able to process it. The personal data transmitted in this way will be stored by us in accordance with the statutory provisions for a maximum of 6 months, in the case of the explicit consent of the applicant to keep the documents in evidence, for a maximum of 2 years.

3.2. Online Presence in Social-Media

In addition to our website, we maintain online presences within social networks and platforms (Facebook und Instagram) in order to communicate with customers and business partners and to connect to them via these networks to be able to inform about our services. Further data protection information can be found when you access our content on these platforms.

3.3. Guest/Visitor WiFi

We offer password protected visitor Wi-Fi in our apartments. In order to provide the services of the hotspot for you, the use of personal data of your end device is required. In this context, the MAC addresses (Media Access Control Address) of end devices may also be stored temporarily. Furthermore, we may store log data (“log files”) about the type and scope of use of the services for 7 days. This data cannot be assigned directly to your person, but directly to your used device and thus also indirectly to your person.

3.4. Guest registration data

As the owner of an accommodation facility, we are acc. § 10 (1) Meldegesetz obliged to keep a register of guests accommodated with us (guest directory), from which the data according to § 5 (1) and (3) Meldegesetz as well as the date of arrival and departure can be seen. This concerns the following data: name, date of birth, gender, nationality, country of origin and address including postal code as well as the date of arrival and departure. For foreign guests, we are also obliged to record the type, number, date of issue and the issuing authority of the travel document. The legal basis for the processing of these data is our legal obligation pursuant to Art. 6 (1) lit. c GDPR. These data (guest directory) are mandatory for us to keep for a period of seven years from the date of registration in accordance with § 10 (2) Meldegesetz. Therefore, there is neither a right of objection on your part, nor a right to erasure or a right to restriction of processing (see point “Safeguarding your data protection rights” in this data protection declaration). Likewise, we are acc. § 6 Tourismus-Statistik-Verordnung obliged to forward data on arrival, departure and country of origin to the municipality (mayor as the competent registration authority) in which our accommodation facility is located. The guest directory is managed electronically by us. The IT service provider feratel Media Technologies AG (Maria-Theresien-Straße 8, A-6020 Innsbruck) used for this purpose is obliged as a processor in accordance with Art. 28 GDPR to process your data exclusively within the scope of the order (maintenance of the electronic guest directory). Your guest registration data will only be processed in the EU, a transfer to a third country does not take place.

3.5. Fun+ Card Summer / Winter

For the period of your stay with us, you have the opportunity to take advantage of a guest card with discounts and/or completely free services. We will only issue this guest card at your request via the guest card system used by our local tourism organisation (Tourismusverband Niedernsill, Jesdorferstraße 1, A-5722 Niedernsill, https://www.piesendorf.at/, email: info@niedernsill.at) in the form of an electronically generated guest card. For this purpose, the following data from our guest registration data system are used: first name, last name, date of birth, period of stay. When using the guest card, additional data about the use (which offers were used when and by whom) are processed. This is necessary for the service provider in order to check the legitimacy for the use of the reduced/free services. In addition, this data is required to enable the billing of the services between the service providers and the local tourism organization. Recipients of your guest card data are therefore the local/regional tourism organization, the service providers and we as your accommodation provider. The IT service provider of the electronic guest card system feratel Media Technologies AG (Maria-Theresien-Straße 8, A-6020 Innsbruck) is obliged as a processor in accordance with Art. 28 GDPR to process your data exclusively within the scope of the order (issuing of electronic guest card, verification of legitimation and documentation for clearing purposes). As the guest card is part of the service within the framework of the accommodation contract (included in the accommodation price), the legal basis for processing your data is the fulfilment of the contract acc. Art. 6 (1) lit. b GDPR. The data remains stored in the guest card system for a maximum of 3 years on the basis of our legitimate interest in accordance with Art. 6 (1) lit. f GDPR (for billing purposes and to defend against possible liability claims).

3.6. National Park Summer-/Wintercard

For the period of your stay with us, you have the opportunity to take advantage of a guest card with discounts and/or completely free services. We will only issue this guest card at your request via the guest card system used by our regional tourism organisation (Ferienregion Nationalpark Hohe Tauern GmbH, Gerlosstraße 18, 5730 Mittersill, https://www.nationalpark.at, email: nationalpark@salzburg.gv.at) in the form of an electronically generated guest. For this purpose, the following data from our guest registration data system are used: first name, last name, date of birth, period of stay, email address as well as country of origin and postal code. When using the guest card, additional data about the use (which offers were used when and by whom) are processed. This is necessary for the service provider in order to check the legitimacy for the use of the reduced/free services. In addition, this data is required to enable the billing of the services between the service providers, the regional tourism organization and us as your accommodation provider. Recipients of your guest card data are therefore the regional tourism organization, the service providers and we as your accommodation provider. The IT service provider of the electronic guest card system feratel Media Technologies AG (Maria-Theresien-Straße 8, A-6020 Innsbruck) is obliged as a processor in accordance with Art. 28 GDPR to process your data exclusively within the scope of the order (issuing of electronic guest card, verification of legitimation and documentation for clearing purposes). As the guest card is part of the service within the framework of the accommodation contract (included in the accomodation price), the legal basis for processing your data is the fulfilment of the contract acc. Art. 6 (1) lit. b GDPR. The data remains stored in the guest card system for a maximum of 3 years on the basis of our legitimate interest in accordance with Art. 6 (1) lit. f GDPR (for billing purposes and to defend against possible liability claims).

Current version of the privacy policy of 15.07.2022