Privacy Policy

The privacy policy of Wendl Hotelbetriebs GmbH is based on the terminology used by the European legislator for directives and regulations during the enactment of the General Data Protection Regulation (GDPR). Our privacy policy is meant to be easily readable and understandable for both the public and our clients and business partners. To ensure this, we would like to explain the terms used in advance.

In this privacy policy, we use the following terms:

a) personal data
Personal data means 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
The data subject is any identified or identifiable natural person whose personal data is being processed by the controller responsible for processing.

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, 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 processing in the future.

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 processing
Controller or controller responsible for 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 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
A 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.

The data controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union, and other provisions with a data protection character is:

Wendl Hotelbetriebs GmbH
Maxglaner Hauptstraße 70
5020 Salzburg
Austria

Tel.: +43 662 82 76 48
Email: max70@wendlhotels.at
Website: wendlhotels.at

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 allow an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. In the event that IP anonymization is activated on this website, your IP address will, however, be truncated beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a Google server in the USA and then truncated 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 activities, and to provide other services related to website usage and internet usage to the website operator. The IP address provided by your browser within the scope of Google Analytics will not be merged with other data from Google. 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 the fullest extent possible. 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) 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=de-DE.
You can prevent Google Analytics from collecting your user data on this website only by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to this site: Disable Google Analytics.
If you delete the cookies in this browser, you must set the opt-out cookie again.
You can also find more information about Google Analytics terms and conditions and privacy at https://www.google.com/analytics/terms/de.html.

The website of Wendl Hotelbetriebs GmbH collects a series of general data and information with each call of the website by an affected person or an automated system. These general data and information are stored in the server's log files. It is possible to capture the (1) 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-web pages 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 that serve to protect against threats in case of attacks on our information technology systems.

When using this general data and information, Wendl Hotelbetriebs GmbH does not draw any conclusions about the affected person. Rather, this information is needed to (1) deliver the contents of our website correctly, (2) optimize the content of our website and the advertising for it, (3) ensure the continuous functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the necessary information for prosecution in the event of a cyber attack. Therefore, these anonymously collected data and information are statistically evaluated by Wendl Hotelbetriebs GmbH and also with the goal 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 from the server log files are stored separately from any personal data provided by an affected person.

The website of Wendl Hotelbetriebs GmbH contains, due to legal regulations, information that allows for quick electronic contact and direct communication with our company, which also includes a general address of the so-called electronic mail (email address). If an affected person contacts the data controller by email or via a contact form, the personal data transmitted by the affected person will be automatically stored. Such personal data voluntarily transmitted to the data controller by an affected person are stored for the purpose of processing or making contact with the affected person. There is no transfer of this personal data to third parties.

The data controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or as far as this is granted by the European directives and regulators or any other legislator in laws or regulations, to which the data controller is subject.
If the purpose of storage is no longer applicable or if a storage period prescribed by the European directives and regulators or any other relevant legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

a) Right to confirmation
Every data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning them are being processed. If a data subject wishes to avail themselves of this right of confirmation, they can 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 at any time from the controller free information about their stored personal data and a copy of this information. Additionally, the European legislator has provided the data subject access to the following information:

• 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 organisations
• where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
• the existence of the right to request rectification or erasure of personal data or restriction of processing personal data concerning the data subject or to object to such processing
• the existence of the right to lodge a complaint with a supervisory authority
• if the personal data is not collected from the data subject, all available information about the origin of the data
• the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

Moreover, the data subject has the right to obtain information about whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to avail themselves of this right of access, they may, at any time, contact our data protection officer.

c) Right to rectification
Every data subject has the right granted by the European legislator to obtain the immediate rectification of inaccurate personal data concerning them. Taking into account the purposes of 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, they can contact our data protection officer at any time.

d) Right to erasure (Right to be forgotten)
Every data subject has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning them without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long 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) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
• The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
• The personal data have been unlawfully processed.
• The erasure of personal data is necessary for compliance with a legal obligation in Union or Member State law to which the controller is subject.
• The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

Where one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Wendl Hotelbetriebs GmbH, they may, at any time, contact our data protection officer. The data protection officer of the Wendl Hotelbetriebs GmbH or another employee will arrange for the erasure request to be complied with immediately.
If the personal data have been made public by the Wendl Hotelbetriebs GmbH and our company as the controller is obliged pursuant to Article 17(1) of the GDPR to erase the personal data, the Wendl Hotelbetriebs GmbH, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the disclosed personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The data protection officer of the Wendl Hotelbetriebs GmbH or another employee will arrange the necessary measures in individual cases.

e) Right to restriction of processing
Every data subject has the right granted by the European legislator to obtain from the controller restriction of processing where 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 and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
• The controller no longer needs the personal data for the purposes of processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
• The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

Where one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Wendl Hotelbetriebs GmbH, they may at any time contact our data protection officer. The data protection officer of the Wendl Hotelbetriebs GmbH or another employee will arrange the restriction of the processing.

f) Right to data portability
Every data subject has the right granted by the European legislator, to receive the personal data concerning them, which were provided to a controller, in a structured, commonly used and machine-readable format. They shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) a of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as 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, in exercising their right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. To assert the right to data portability, the data subject may at any time contact the data protection officer designated by the Wendl Hotelbetriebs GmbH or another employee.

g) Right to object
Every data subject has the right granted by the European legislator, for reasons arising from their particular situation, to object at any time to processing of personal data concerning them, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions. The Wendl Hotelbetriebs GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims. If the Wendl Hotelbetriebs GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning them for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Wendl Hotelbetriebs GmbH to the processing for direct marketing purposes, the Wendl Hotelbetriebs GmbH will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them by the Wendl Hotelbetriebs GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest. To exercise the right to object, the data subject may directly contact the data protection officer of the Wendl Hotelbetriebs GmbH or another employee. Furthermore, the data subject is free to exercise their right to object by means of automated procedures using technical specifications in connection with the use of services of the information society, notwithstanding Directive 2002/58/EC.

h) Automated individual decision-making, including profiling
Every data subject has the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law 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 not based on the data subject's explicit consent. If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is based on the data subject's explicit consent, the Wendl Hotelbetriebs GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express their point of view and contest the decision. If the data subject wishes to exercise the rights concerning automated individual decision-making, they may at any time contact our data protection officer.

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

The data controller collects and processes the personal data of applicants for the purpose of handling the application process. The processing can also be done 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 handling the employment relationship, in compliance with legal regulations. If no employment contract is concluded with the applicant by the data controller, the application documents will be automatically deleted two months after the notification of the rejection decision, unless opposed by any other legitimate interests of the data controller. Another legitimate interest in this context is, for example, the obligation to provide proof in a procedure under the General Equal Treatment Act (AGG).

Article 6(1)(a) of the GDPR serves as the legal basis for our company for processing operations where 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 party, as is the case with processing operations necessary for the delivery of goods or the provision of any other service or consideration, then the processing is based on Article 6(1)(b) of the GDPR. The same applies to processing operations necessary for carrying out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for compliance with tax obligations, then the processing is based on Article 6(1)(c) of the GDPR. In rare cases, the processing of personal data may become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured at our facility and his name, age, health insurance data, or other vital information had to be passed on to a doctor, hospital, or other third party. Then, the processing would be based on Article 6(1)(d) of the GDPR. Finally, processing operations could be based on Article 6(1)(f) of the GDPR. This legal basis covers processing operations that are not covered by any of the aforementioned legal bases, if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided the interests, fundamental rights, and freedoms of the data subject do not override. Such processing operations are particularly permissible to us because they were specifically mentioned by the European legislator. He took the view that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 of the GDPR).

If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the performance of our business activities 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 expiration of that period, the relevant data is routinely deleted, unless it is still required for the fulfillment or initiation of a contract.

We inform you that the provision of personal data is partly legally required (e.g., tax regulations) or may also arise from contractual arrangements (e.g., details about the contracting party). Sometimes, it may be necessary for the conclusion of a contract that a data subject provides us with personal data, which must subsequently be processed by us. For example, the data subject is obligated to provide us with personal data when our company enters into a contract with them. The non-provision of personal data would result in the contract with the data subject not being concluded. Before providing personal data, 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 legally or contractually required, or necessary for the conclusion of a 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 automatic decision-making or profiling.

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


This privacy statement was produced - except for the information on cookies - through the Privacy Statement Generator of the DGD German Society for Data Protection GmbH, which acts as an External Data Protection Officer Freising, in cooperation with the Lawyer for Data Protection Law Christian Solmecke.