Privacy Policy

We are very pleased about your interest in our company. Data protection holds a particularly high importance for the Wagner Hotels GmbH.
The use of the websites of the Wagner Hotels GmbH is generally possible without providing any personal data. However, if a data subject wishes to use 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, for example, the name, address, email 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 applicable national data protection regulations for the Wagner Hotels GmbH.

Through this privacy policy, our company aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, affected persons are informed about their rights through this privacy policy.

The Wagner Hotels GmbH has implemented numerous technical and organizational measures as the data processor to ensure a maximum level of protection for personal data processed via this website. Nevertheless, internet-based data transmissions may fundamentally have security vulnerabilities, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, such as by telephone.

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

We use the following terms in this privacy policy, among others:

a) Personal data
Personal data are 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
A data subject is any identified or identifiable natural person whose personal data are 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 the 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 of personal data.

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 consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects regarding the performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements of that natural person.

f) Pseudonymization
Pseudonymization 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 separate and is subject to technical and organizational measures that ensure that the personal data are not attributed to an identified or identifiable natural person.

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

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

i) Recipient
Recipient is a natural or legal person, authority, agency or another body to which personal data are disclosed, whether a third party or not. However, authorities that may receive personal data in the course of a particular inquiry in accordance with Union law or the law of Member States are not considered recipients.

j) Third party
Third party means a natural or legal person, authority, agency or body other than the data subject, the controller, the processor and the 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, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.

The responsible party 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 of a data protection nature is the:
Wagner Hotels GmbH
Pionierstraße 2
5562 Obertauern
Austria
Phone:+43 6456 7256
Mail: info@hotel-wagner.at
Website: www.hotel-wagner.at

This website uses Google Analytics, a web analysis 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 typically transmitted to a Google server in the USA and stored there. In the case of IP anonymization being activated on this website, your IP address will, however, be truncated 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 will the full IP address be transmitted to a Google server in the USA and 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 use and internet use 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 fully use all functions of this website. Furthermore, you can prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google as well as the processing of these 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 will have to set the opt-out cookie again.
More information on the Google Analytics terms and privacy can also be found at https://www.google.com/analytics/terms/en.html.

The website of the Wagner Hotels GmbH collects a series of general data and information each time the website is accessed by an affected person or an automated system. This general data and information is stored in the server's 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 (the so-called referrer), (4) the subpages 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 facilitate the prevention of danger in the event of attacks on our information technology systems.

In using this general data and information, the Wagner Hotels GmbH draws no conclusions about the affected person. 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 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. These anonymously collected data and information are therefore evaluated by the Wagner Hotels GmbH on one hand statistically and further 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 an affected person.

The website of Wagner Hotels GmbH contains information required by legal regulations that enable quick electronic contact with our company as well as direct 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 will be automatically stored. Such personal data voluntarily provided by a data subject to the person responsible for processing will be stored for the purposes of processing or contacting the data subject. There will be 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 storage purpose or as required by the European legislator or another legislator in laws or regulations to which the data controller is subject.
If the storage purpose no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, personal data will be routinely and in accordance with legal requirements blocked or deleted.

a) Right to confirmation
Every data subject has the right granted by the European legislator to request confirmation from the controller about whether personal data concerning them is being processed. If a data subject wishes to exercise their right to 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 receive, at any time, free information from the controller about the personal data stored concerning them and a copy of this information. Furthermore, the European legislator has granted 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 has been disclosed or will be disclosed, particularly in the case of recipients in third countries or international organizations
• if applicable, the planned duration for which the personal data will be stored, or, if that is not possible, the criteria for determining 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 a right to object to such processing
• the existence of a right to lodge a complaint with a supervisory authority
• if the personal data was not collected from the data subject: all available information about the source of the data
• the existence of automated decision-making, including profiling, according to 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 intended consequences of such processing for the data subject

Furthermore, the data subject has the right to know whether personal data has been transferred to a third country or to an international organization. If that is the case, the data subject has the right to obtain information about the appropriate safeguards in connection with the transfer. If a data subject wishes to exercise this right of access, they can 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 request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data—also by means of a supplementary statement—taking into account the purposes of the processing. 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 affected by the processing of personal data has the right granted by the European legislator to request from the controller the immediate erasure of personal data concerning them if one of the following reasons applies and the processing is not necessary:

• The personal data was collected for such purposes or processed in any other way that is no longer necessary.
• The data subject withdraws their consent on which the processing is based according to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing.
• The data subject objects to the processing according 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 according to Article 21(2) of the GDPR.
• The personal data has 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 was collected in relation to the offer of information society services according to Article 8(1) of the GDPR.

If one of the aforementioned reasons applies and a data subject wishes to request the erasure of personal data stored about them at the Wagner Hotels GmbH, they can contact our data protection officer at any time regarding this matter. The data protection officer of the Wagner Hotels GmbH or another employee will ensure that the erasure request is complied with immediately.
If the personal data has been made public by the Wagner Hotels GmbH and our company is obligated to erase the personal data as the controller according to Article 17(1) of the GDPR, then the Wagner Hotels GmbH shall, considering the available technology and the implementation costs, take reasonable measures, including technical measures, to inform other parties responsible for processing the data, which process the published personal data, that the data subject has requested the erasure of all links to this personal data or of copies or replications of this personal data, to the extent that the processing is not necessary. The data protection officer of the Wagner Hotels GmbH or another employee will take the necessary steps on a case-by-case basis.

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 request from the controller the restriction of processing if one of the following conditions is met:

• 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 it for the establishment, exercise, or defense of legal claims.
• The data subject has objected to the processing according to Article 21(1) of the GDPR, and it is not yet determined whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met and a data subject wishes to request the restriction of personal data stored at the Wagner Hotels GmbH, they can contact our data protection officer at any time regarding this matter. The data protection officer of the Wagner Hotels 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 was provided by the data subject to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller without hindrance by the controller to whom the personal data was provided, provided that the processing is based on consent according to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract according to Article 6(1)(b) of the GDPR 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, when exercising their right to data portability according to Article 20(1) of the GDPR, the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not affect the rights and freedoms of other persons.
To assert the right to data portability, the data subject can contact the data protection officer appointed by the Wagner Hotels 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, on grounds relating to their particular situation, to the processing of personal data concerning them, which is based on Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
The Wagner Hotels GmbH shall no longer process the personal data in case of objection, unless we can demonstrate compelling legitimate grounds for processing that override the interests, rights, and freedoms of the data subject, or the processing is for the establishment, exercise, or defense of legal claims.
If the Wagner Hotels 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 for the purposes of such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Wagner Hotels GmbH with regard to the processing for the purposes of direct marketing, the Wagner Hotels GmbH will no longer process the personal data for these purposes.
Additionally, the data subject has the right, for reasons relating to their particular situation, to object to the processing of personal data concerning them which is conducted by the Wagner Hotels GmbH for scientific or historical research purposes or for statistical purposes under Article 89(1) of the GDPR, unless such 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 can directly contact the data protection officer of the Wagner Hotels GmbH or another employee. The data subject is also free to exercise their right to object in connection with the use of services of the information society, regardless of Directive 2002/58/EC, by automated means using technical specifications.

h) Automated decisions in individual cases, including profiling
Every data subject affected by the processing of personal data has the right granted by the European legislator not to be subject 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 the performance of a contract between the data subject and the controller, or (2) is permissible 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 legitimate interests of the data subject, or (3) is based on the explicit 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) is made with the explicit consent of the data subject, the Wagner Hotels GmbH shall implement appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, which shall include at least the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision.
If the data subject wishes to assert rights regarding automated decisions, they can contact our data protection officer at any time.

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

Art. 6 I lit. a DS-GVO 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 fulfillment of a contract to which the data subject is a party, as is the case in processing operations necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations that are required 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 requiring the processing of personal data, such as to fulfill tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the 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 is injured in our establishment and their name, age, health insurance data, or other vital information needs to be disclosed to a doctor, hospital, or other third party. In this case, the processing would be based on Art. 6 I lit. d DS-GVO. Ultimately, processing operations could be based on Art. 6 I lit. f DS-GVO. 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. Such processing operations are especially permitted for us because they were specifically mentioned by the European legislator. It was considered that a legitimate interest could be assumed if the data subject is a customer of the data 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 stakeholders.

The criterion for the duration of storage of personal data is the respective statutory retention period. Upon expiration of the period, the corresponding data is routinely deleted, provided that they are no longer necessary for contract fulfillment or pre-contractual measures.

We inform you that the provision of personal data is partly legally required (e.g., tax regulations) or may also result from contractual agreements (e.g., information 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 obliged to provide us with personal data when our company concludes a contract with them. A failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact our data protection officer. Our data protection officer clarifies to 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 personal data, and what consequences non-provision of the personal data would have.

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 has been created - except for the cookie information - by the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer in Freising, in cooperation with the lawyer for data protection law Christian Solmecke.