Data privacy

The privacy policy of Familienhotel Botenwirt GmbH is based on the terminology used by the European legislator when enacting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easily readable and understandable for both the public and our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms in this privacy policy:

a) personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as '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 is processed by the controller.

c) processing
Processing is any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organization, 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 processing in the future.

e) profiling
Profiling is any form of automated processing of personal data that consists of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

f) pseudonymization
Pseudonymization is the processing of personal data in such a way 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 organizational measures that ensure that the personal data is not attributable to an identified or identifiable natural person.

g) controller or controller responsible for processing
Controller or controller responsible for processing is the natural or legal person, authority, agency, or other body that 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 law or the law of the Member States, the controller or the specific criteria for its designation may be provided for by Union law or the law of the Member States.

h) processor
Processor is a natural or legal person, authority, agency, or other body that processes personal data on behalf of the controller.

i) recipient
Recipient is a natural or legal person, authority, agency, or another body to whom personal data is disclosed, whether a third party or not. Authorities that may receive personal data under a particular inquiry pursuant to Union law or the law of the Member States are not considered recipients.

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

k) consent
Consent is any freely given, specific, informed, and unambiguous indication of the data subject's wishes, by which they signify agreement to the processing of personal data relating to them.

The controller in the sense of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions with data protection character is the:
Familienhotel Botenwirt GmbH
Dorf 4
5603 Kleinarl
Austria
Phone.: +43 6418 261
Email: info@botenwirt.at
Website: www.botenwirt.at

This website uses Google Analytics, a web analytics service of Google Inc. ("Google"). Google Analytics uses so-called "Cookies", text files that are stored on your computer and allow for an analysis of your usage of the website. The information generated by the cookie about your usage of this website is usually transferred to a Google server in the USA and stored there. In the case that IP anonymization is activated on this webpage, your IP address will however 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 transferred 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 usage of the website, to compile reports on website activities, and to provide further services related to website usage 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 data from Google. You can prevent the storage of cookies by adjusting the settings of your browser software; however, we point out that in this case you may not be able to use all functions of this website to their full extent. Furthermore, you can prevent the collection of data related to your usage of the website generated by the cookie (including your IP address) to Google as well as the processing of this data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
You can prevent the collection of your user data by Google Analytics only on this website by clicking on the following link. An Opt-Out cookie will be set that prevents the collection of your data on 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 data protection can also be found at https://www.google.com/analytics/terms/en.html.

The website of the Familienhotel Botenwirt GmbH collects a variety of general data and information with every visit to the website by an affected person or an automated system. This general data and information are stored in the server log files. The following can be collected: (1) the types and versions of browsers 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-webpages that are accessed through 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 that serve to prevent danger in the event of attacks on our IT systems.

When using this general data and information, the Familienhotel Botenwirt GmbH does not draw conclusions about the affected person. Instead, this information is needed to (1) deliver the contents of our website correctly, (2) optimize the contents of our website and the advertising for it, (3) ensure the permanent functionality of our IT systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. This anonymously collected data and information will therefore be evaluated by the Familienhotel Botenwirt GmbH on the one hand statistically and further with the aim of increasing data protection and data security in our company, ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by an affected person.

On the website of Familienhotel Botenwirt GmbH, users are given the opportunity to subscribe to our company's newsletter. The personal data transmitted to the processor responsible for processing during the subscription of the newsletter can be found in the input form used for this purpose.
Familienhotel Botenwirt GmbH regularly informs its customers and business partners via a newsletter about the company's offers. In principle, the newsletter of our company can only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject has registered for the newsletter. A confirmation email will be sent to the email address that a data subject first entered for the newsletter subscription, according to legal requirements, using the Double-Opt-In procedure. This confirmation email serves to verify whether the owner of the email address has authorized receipt of the newsletter as a data subject.
When registering for the newsletter, we also store the IP address assigned by the Internet Service Provider (ISP) of the computer system used by the data subject at the time of registration, as well as the date and time of registration. The collection of this data is necessary in order to be able to trace (possible) misuse of the email address of a data subject at a later time, and thus serves to legally secure the processor responsible for processing.
The personal data collected during registration for the newsletter will be used exclusively for sending our newsletter. Furthermore, newsletter subscribers may be informed via email if this is necessary for the operation of the newsletter service or for any related registration, as may be the case in the event of changes to the newsletter offerings or changes in technical conditions. There will be no disclosure of the personal data collected in connection with the newsletter service to third parties. The subscription to our newsletter can be canceled by the data subject at any time. The consent to store personal data that the data subject has provided for the newsletter dispatch can also be revoked at any time. For the purpose of revoking the consent, there is a corresponding link in every newsletter. Furthermore, it is also possible to unsubscribe from the newsletter directly on the website of the processor responsible for processing at any time or to inform the processor responsible for processing in another way.

The newsletters of the Familienhotel Botenwirt GmbH contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in emails sent in HTML format to facilitate log file recording and log file analysis. This enables a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the Familienhotel Botenwirt GmbH can determine whether and when an email was opened by the affected person and which links contained in the email were accessed by the affected person.
Such personal data collected through the tracking pixels included in the newsletters will be stored and evaluated by the controller responsible for processing, in order to optimize the newsletter dispatch and to better tailor the content of future newsletters to the interests of the affected person. This personal data will not be disclosed to third parties. Affected persons are entitled at any time to revoke their separate consent given through the double opt-in procedure regarding this matter. After a revocation, this personal data will be deleted by the controller responsible for processing. Unsubscribing from receiving the newsletter is automatically interpreted as a revocation by the Familienhotel Botenwirt GmbH.

The website of the Familienhotel Botenwirt GmbH contains information required by legal regulations that enable quick electronic contact with our company as well as immediate communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the person responsible for processing via email or through a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data provided voluntarily by a data subject to the person responsible for processing will be stored for the purpose of processing or contacting the data subject. There is no disclosure of this personal data to third parties.

The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or as required by the European directive and regulation issuer or another legislator in laws or regulations to which the controller is subject.
If the purpose of storage ceases to apply or if a storage period prescribed by the European directive and regulation issuer or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the legal provisions.

a) Right to confirmation
Every data subject has the right granted by the European legislator to request from the controller a confirmation as to whether or not personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they may contact our data protection officer at any time.

b) Right to access
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller free information at any time about the personal data stored concerning them and a copy of this information. Furthermore, the European legislator has granted the data subject the right to obtain information about the following:

• the purposes of processing
• the categories of personal data being 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 organizations
• if possible, the planned duration for which the personal data will be stored, or, if not possible, the criteria used to determine that duration
• the existence of a right to rectification or erasure of personal data concerning them or to restriction of processing by the controller or to object to such processing
• the existence of the right to lodge a complaint with a supervisory authority
• where the personal data are not collected from the data subject: all available information as to their source
• the existence of automated decision-making, including profiling, pursuant to Article 22 (1) and (4) DS-GVO and - at least in these cases - meaningful information about the logic involved, as well as the significance and the intended consequences of such processing for the data subject

Furthermore, the data subject has the right to be informed whether personal data have been transferred to a third country or to an international organization. In addition, the data subject has the right to obtain information about the appropriate safeguards relating to the transfer. If a data subject wishes to exercise this right to access, they may contact our data protection officer at any time.

c) Right to rectification
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain the rectification of inaccurate personal data concerning them without undue delay. Furthermore, the data subject has the right to request, taking into account the purposes of processing, the completion of incomplete personal data - including by means of a supplementary statement. If a data subject wishes to exercise this right to rectification, they may contact our data protection officer at any time.

d) Right to erasure (right to be forgotten)
Every data subject affected by the processing of personal data has the right granted by the European legislator to request from the controller the erasure of personal data concerning them without undue delay, provided that one of the following grounds applies and the processing is not necessary:

• The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.
• The data subject withdraws consent on which the processing is based according to Article 6 (1) (a) DS-GVO or Article 9 (2) (a) DS-GVO, and there is no other legal ground for the processing.
• The data subject objects to the processing pursuant to Article 21 (1) DS-GVO, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) DS-GVO.
• The personal data have been unlawfully processed.
• The erasure of personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject.
• The personal data were collected in relation to the offer of information society services pursuant to Article 8 (1) DS-GVO.

If one of the above reasons applies and a data subject wants to request the deletion of personal data stored by Familienhotel Botenwirt GmbH, they can contact our data protection officer at any time. The data protection officer of Familienhotel Botenwirt GmbH or another employee will ensure that the deletion request is promptly complied with.
If the personal data has been made public by Familienhotel Botenwirt GmbH and our company is obligated to erase the personal data as the controller pursuant to Article 17 (1) DS-GVO, Familienhotel Botenwirt GmbH shall take into consideration the available technology and the implementation costs reasonable measures, including technical measures, to inform other controllers who process the published personal data that the data subject has requested the deletion of all links to these personal data or of copies or replications of these personal data, as long as the processing is not necessary. The data protection officer of Familienhotel Botenwirt GmbH or another employee will take the necessary steps in each individual case.

e) Right to restriction of processing
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller restriction of processing if one of the following applies:

• The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
• The processing is unlawful, the data subject opposes the erasure of the personal data and requests instead 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 for the establishment, exercise or defense of legal claims.
• The data subject has objected to processing pursuant to Article 21 (1) DS-GVO and it is not yet determined whether the legitimate grounds of the controller override those of the data subject.

If one of the above conditions is met and a data subject wants to request the restriction of personal data stored by Familienhotel Botenwirt GmbH, they can contact our data protection officer at any time. The data protection officer of Familienhotel Botenwirt GmbH or another employee will initiate the restriction of processing.

f) Right to data portability
Every data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6 (1) (a) DS-GVO or Article 9 (2) (a) DS-GVO or on a contract pursuant to Article 6 (1) (b) DS-GVO and the processing is carried out by automated means, unless the processing is 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, the data subject has the right, in exercising their right to data portability pursuant to Article 20 (1) DS-GVO, to have the personal data transferred directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject may contact the data protection officer appointed by Familienhotel Botenwirt GmbH or another employee at any time.

g) Right to object
Every data subject affected by the processing of personal data has the right granted by the European legislator to object at any time to the processing of personal data concerning them that is based on Article 6 (1) (e) or (f) DS-GVO for reasons relating to their particular situation. This also applies to profiling based on these provisions.
When a data subject objects, Familienhotel Botenwirt 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 the assertion, exercise or defense of legal claims.
If Familienhotel Botenwirt GmbH processes personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of personal data concerning them for such marketing purposes. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Familienhotel Botenwirt GmbH against the processing for direct marketing purposes, Familienhotel Botenwirt GmbH will no longer process the personal data for these purposes.
The data subject also has the right, for reasons relating to their particular situation, to object to the processing of personal data concerning them which is carried out by Familienhotel Botenwirt GmbH for scientific or historical research purposes or statistical purposes pursuant to Article 89 (1) DS-GVO, 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 Familienhotel Botenwirt GmbH or another employee directly. The data subject also has the option of exercising their right to object with regard to the use of services of the information society, regardless of Directive 2002/58/EC, through automated procedures that use technical specifications.

h) Automated individual decision-making, including profiling
Every data subject affected by the processing of personal data has the right granted by the European legislator not to be subjected to a decision based solely on automated processing - including profiling - that produces legal effects concerning them or similarly significantly affects them, unless the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is authorized by legislation of the Union or of the Member States to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the explicit consent of the data subject.
If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller or (2) is made with the explicit consent of the data subject, Familienhotel Botenwirt GmbH shall implement suitable measures to safeguard the rights and freedoms and legitimate interests of the data subject, which at least include the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.
If a data subject wishes to assert rights concerning automated decisions, they may contact our data protection officer at any time.

i) Right to withdraw consent to data processing
Every data subject affected by the processing of personal data has the right granted by the European legislator to withdraw their consent to the processing of personal data at any time.
If a data subject wishes to assert their right to withdraw consent, they may contact our data protection officer at any time.

The data controller processes the personal data of applicants for the purpose of handling the application process. The processing may also take place electronically. This is particularly the case when an applicant submits relevant application documents electronically, for example via email or through a web form located on the website, to the data controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in accordance with legal provisions. If no employment contract is concluded by the data controller with the applicant, the application documents will be automatically deleted two months after the notification of the rejection decision, provided that there are no other legitimate interests of the data controller opposing deletion. Other legitimate interests in this sense include, for instance, a duty to provide evidence in a procedure under the General Equal Treatment Act (AGG).

Article 6 I lit. a DS-GVO 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 fulfillment of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or benefits, the processing is based on Article 6 I lit. b DS-GVO. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, such as in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as to fulfill tax obligations, the processing is based on Article 6 I lit. c DS-GVO. In rare cases, processing of personal data may be necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured at our premises and subsequently their name, age, health insurance information, or other vital information had to be disclosed to a doctor, a hospital, or other third parties. In that case, the processing would be based on Article 6 I lit. d DS-GVO. Ultimately, processing operations could be based on Article 6 I lit. f DS-GVO. This legal basis applies to processing operations that are not covered by any of the aforementioned legal bases if processing is necessary for the protection of a legitimate interest of our company or a third party, provided that the interests, fundamental rights, and freedoms of the data subject do not prevail. Such processing operations are particularly permitted because they were specifically mentioned by the European legislator. He expressed the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 DS-GVO).

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

The criterion for the duration of storage of personal data is the respective legal retention period. After the expiration of this period, the corresponding data will be routinely deleted, unless they are still required for contract fulfillment or contract initiation.

We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or can also result from contractual agreements (e.g., details about the contractual partner). In some cases, it may be necessary for a contract to be concluded that a data subject provides us with personal data, which must then be processed by us. The data subject is, for example, obligated to provide us with personal data when our company concludes a contract with them. The non-provision of personal data would result in the contract with the affected party not being concluded. Before providing personal data by the data subject, the data subject must contact our data protection officer. Our data protection officer informs the data subject on a case-by-case basis whether the provision of personal data is legally or contractually required or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.

As a responsible company, we refrain from automated decision-making or profiling.

Austrian Data Protection Authority
Wickenburggasse 8
1080 Vienna
Austria
dsb@dsb.gv.at


This privacy policy was created using the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an External Data Protection Officer Freising in cooperation with the Lawyer for Data Protection Law Christian Solmecke.