Privacy policy of Flachau Tourismus

Version 2022

We are very pleased about your interest in our company. Flachau Tourismus attaches great importance to data protection.
The use of the Flachau Tourismus website is possible without any indication of personal data. However, if a data subject wants to use special services provided by our enterprise via our website, processing of personal data could become necessary. If processing of personal data is necessary and if there is no legal basis for such processing, we will generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation, and in accordance with the country-specific data protection regulations applicable to the Flachau Tourismus.

By means of this data protection declaration, our enterprise would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.

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

The data protection declaration of Flachau Tourismus is based on the terms used by the European Directive and Ordinance when issuing the Basic Data Protection Regulation (DS-GVO). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in the last section of our data protection declaration.

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:
Flachau Tourismus:
Hermann-Maier-Platz 1
5542 Flachau
Austria
Tel.: 0043 6457 22 14
Fax: 0043 6457 22 14-16
E-Mail: info@flachau.com
E-mail for data-relevant information: datenschutz@flachau.com
Website: www.flachau.com

This website uses Google Analytics, a web analytics service provided by Google, Inc ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. In the event that IP anonymisation is activated on this website, however, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states to 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 shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google and 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-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 will prevent the collection of your data on future visits to this website: Deactivate Google Analytics.

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

Further information on Google Analytics regulations and data protection can also be found at https://marketingplatform.google.com/about/analytics/terms/us/.

The Flachau Tourismus website uses cookies. Cookies are text files that are stored on a computer system via an internet browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the person concerned from other internet browsers that contain other cookies. A specific internet browser can be recognised and identified via the unique cookie ID.

Through the use of cookies, the Flachau Tourismus can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimised for the benefit of the user. As already mentioned, cookies enable us to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter his or her access data each time he or she visits the website, because this is done by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping basket in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping basket via a cookie.

The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programmes. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

Our website uses and communicates with external technical applications at various points. In order to ensure the exchange of data between our website and the individual systems, cookies and pixels are used, among other things.

We use the services of the following companies:

Request/Booking/Accommodation List/Experiences:

• deskline.net und feratel.com (Privacy policy)
• pia4you.com (Privacy policy)

Map function, weather, ski panorama, live cams:

• intermaps.com (Privacy policy)
• iski.com (Provacy policy)
• openstreetmap.org
• wtvhmb.feratel.com (Privacy policy)
• shuttleberg.com (Privacy policy)
• maps.wien.gv.at

Marketing and analysis codes:

• google.at (Pivacy policy)
• google-analyctics.com (Priacy policy)
• googletagmanager.com (Privacy policy)
• doubleclick.net (Privacy policy)
• matomo.org (Privacy policy)
• adform.net
• wordlift.io (Privacy policy)
• gstatic.com
• googleapis.com

Social media, reviews and chat:

• facebook.com (Privacy policy)
• pinterest.com (Privacy policy)
• trustyou.com (Privacy policy)
• onlim.com (Privacy policy)

Data Hosting (CDN):

• jsdelivr.net (Privacy policy)
• amazonaws.com (Privacy policy)
• cloudflare.com (Privacy policy)
• canto.com (Privacy policy)

The website of Flachau Tourismus collects a series of general data and information every time a data subject or automated system calls up the website. This general data and information is stored in the log files of the server. The following data may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that 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 avert danger in the event of attacks on our information technology systems.

When using these general data and information, the Flachau Tourismus does not draw any conclusions about the data subject. This information is rather required in order to (1) correctly deliver the contents of our website, (2) optimise the contents of our website as well as the advertising for these, (3) ensure the permanent operability of our information technology systems and the technology of our website as well as (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, the Flachau Tourismus analyzes anonymously collected data and information on one hand for statistical purposes and on the other hand for the purpose of increasing the data protection and data security of our enterprise, and 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 any personal data provided by a data subject.

If you book with us, make a purchase, send us an enquiry, request information or brochures, we process your personal data in accordance with Art. 6 Para. 1 S. 1 lit b.

On our website you can subscribe to our newsletter. The double opt-in procedure is used for registration In the newsletters, we inform you about innovations to our product/our service, news and interesting facts, as far as possible and known to us, tailored to your interests and holiday wishes. You will also receive our newsletters if you have given us your email address when making your booking. For the newsletter dispatch, we collect and store the data that you enter in the input mask or have given us in your enquiry of any kind (e.g. surname, first name, email address, postal address) and enrich these with interests that are known to us from your holiday wishes. We use your data for direct marketing when subscribing to the newsletter in accordance with Art. 6. para. 1 p. 1 lit. a, f DSGVO in order to send you tailor-made information about our service. You can object to this use now or at any time with effect for the future. To do so, send an email to datenschutz@flachau.com or use the unsubscribe function of the newsletter sent to you.

Product recommendations by e-mail
As our customer, you will regularly receive product recommendations from us by email. You will receive these product recommendations from us regardless of whether you have subscribed to a newsletter or whether you have consented to marketing communications by e-mail. In this way, we want to send you information about products from our range that may be of interest to you based on your most recent purchases from us. In doing so, we strictly comply with the legal requirements. The product recommendations by e-mail are based on the legal basis of Art. 6 para. 1 lit. f DSGVO and are also permissible by e-mail for our customers within the framework of § 107 para. 3 TKG (AT). For any use of your contact data for advertising purposes, we expressly point out your right to object, which you can exercise easily and unbureaucratically at any time. If you no longer wish to receive product recommendations from us by e-mail, you can object to this at any time. Of course, you will find an unsubscribe link in every e-mail. If you would like to exercise this right of objection, please contact: datenschutz@flachau.com.

For the creation of the newsletter and product recommendations, we use the "NumBirds" service of NumBirds CRM GmbH, 6020 Innsbruck, Brixnerstraße 3/3. In order to protect the confidentiality of your personal data, we have concluded an order processing agreement with the company.
Your data will not be passed on to third parties.

The Flachau Tourismus newsletter contains so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in such emails that are sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the Flachau Tourismus may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by the data subject.

Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the controller in order to optimise the newsletter dispatch and to better adapt the content of future newsletters to the interests of the data subject. This personal data will not be disclosed to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent given in this regard via the double opt-in procedure. After a revocation, this personal data will be deleted by the data controller. Flachau Tourismus automatically regards a withdrawal from the receipt of the newsletter as a revocation.

The website of Flachau Tourismus contains legal requirements which enable a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or by means of a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be forwarded to third parties. Excepted are forwardings to our members for the purpose of direct quotation.

The controller shall process and store personal data of the data subject only for the period necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.

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

a) Right to confirmation
Every data subject has the right, granted by the European Directive and Regulation, to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right, he or she may, at any time, contact our data protection officer (datenschutz@flachau.com).

b) Right to information
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller, at any time and free of charge, information about the personal data stored about him or her and a copy of that information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:

• the purposes of the processing
• the categories of personal data processed
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
• if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
• the existence of the right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or the right to object to such processing
• the existence of a right of appeal to a supervisory authority
  if the personal data are not collected from the data subject: Any available information on the origin of the data
• The existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

c) Right of rectification
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, to obtain the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing. If a data subject wishes to exercise this right of rectification, he or she may, at any time, contact our data protection officer (datenschutz@flachau.com).

d) Right to erasure (right to be forgotten)
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is not necessary:

• The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
• The data subject withdraws the consent on which the processing was based pursuant 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 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 processed unlawfully.
• The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
• The personal data have been collected in relation to information society services offered pursuant to Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by Flachau Tourismus, he or she may, at any time, contact our data protection officer. The data protection officer of Flachau Tourismus or another employee shall arrange for the deletion request to be complied with immediately.

If the personal data has been made public by Flachau Tourismus and our company is responsible pursuant to Art. 17 Para. 1 DS-GVO to erase the personal data, Flachau Tourismus shall implement reasonable measures, including technical measures, taking into account the available technology and the cost of implementation, in order to inform other data controllers which process the published personal data that the data subject has requested from those other data controllers to erase all links to or copies or replications of the personal data, unless the processing is necessary. The data protection officer of Flachau Tourismus or another employee will arrange the necessary in individual cases.

e) Right to restriction of processing
Any person concerned by the processing of personal data has the right, granted by the European Directive and the Regulation, to obtain from the controller the restriction of processing where 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 objects to 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 the processing, but the data subject needs it for the assertion, exercise or defence of legal claims
• The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear 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 by Flachau Tourismus, he or she may, at any time, contact our data protection officer. The data protection officer of Flachau Tourismus or another employee will arrange the restriction of the processing.

f) Right to data portability
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. The data subject shall also have the right to transmit such 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) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant 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, when exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain the direct transfer of personal data from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.

In order to assert the right to data portability, the data subject may at any time contact the data protection officer appointed by Flachau Tourismus or another employee.

g) Right to object
Any person affected by the processing of personal data shall have the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.

Flachau Tourismus 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 assertion, exercise or defence of legal claims.

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

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by Flachau Tourismus for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation (DS-GVO), unless such processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may directly contact the data protection officer of Flachau Tourismus or another employee. The data subject is also free to exercise his/her right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

h) Automated decisions in individual cases including profiling
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and that such law lays down appropriate measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is made with 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 the controller, or (2) it is made with the data subject's explicit consent, the Flachau Tourismus shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, which include at least the right to obtain the data subject's involvement on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact our data protection officer.

i) Right to revoke consent under data protection law
Every person affected by the processing of personal data has the right granted by the European Directive and Regulation to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact our data protection officer.

13. legal basis of the processing
Article 6 I lit. a DS-GVO serves as the legal basis for our company for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Article 6 I lit. b of the GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in the case of enquiries about our products or services. If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data might become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations which 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 are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, sentence 2 of the GDPR).

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

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

Necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data.

We inform you that the provision of personal data is sometimes required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract 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.

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

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

b) Person concerned
Betroffene Person ist jede identifizierte oder identifizierbare natürliche Person, deren personenbezogene Daten von dem für die Verarbeitung Verantwortlichen verarbeitet werden.

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

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

e) Profiling
Profiling is any form of automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.

f) Pseudonymising
Pseudonymisation 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 organisational measures which ensure that the personal data are not attributed to an identified or identifiable natural person.

g) Controller or person in charge of processing
The controller or person 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 specific criteria for its designation may be provided for under Union or Member State law.

h) Processor
Processor means 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 other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.

j) Third party

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

k) Consent
Consent shall mean any freely given specific and informed indication of the data subject's wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

We would like to inform you that this data protection declaration is regularly adapted to the current data protection regulations. Changes are therefore possible at any time. The data protection provisions published at this point apply. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.

Österreichische Datenschutzbehörde
Wickenburggasse 8
1080 Wien
Austria
dsb@dsb.gv.at

This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the External Data Protection Officer Freising, in cooperation with the lawyer for data protection law Christian Solmecke.