Privacy policy

The data protection declaration of the APART HOTEL GARNI WIESER *** is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy 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 advance.

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 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 is processed by the controller.

c) Processing
Processing means any operation or set of operations which is performed on personal data or on sets of 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 restricting its future processing.

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 analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

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

g) Controller or controller responsible for the processing
Controller or controller responsible for the 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 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
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
A 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 authorized to process personal data.

k) Consent
Consent 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 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 of a data protection nature is the:

APART HOTEL GARNI WIESER ***
Herr Joachim Wieser
Panoramastraße 33 | 6450 Sölden

+43 (0) 5254 2598 | info@hotel-wieser.com

Company name: Apart Hotel Garni Wieser GmbH & Co KG
Supervisory authority: District Court Silz
UID: ATU73594425

The Internet pages of the APART HOTEL GARNI WIESER *** use cookies. Cookies are text files that are placed and 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 for the cookie. It consists of a string of characters through which websites 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 data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.

Through the use of cookies, the APART HOTEL GARNI WIESER *** 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 optimized for the benefit of the user. As already mentioned, cookies enable us to recognize 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 their access data each time they visit the website because this is taken over by the website and the cookie stored on the user's computer system. Another example is the cookie for a shopping basket in an online store. The online store remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The data subject can prevent the setting of cookies by our website at any time by means of a corresponding 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 programs. 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.

The website of the APART HOTEL GARNI WIESER *** collects a series of general data and information when a data subject or automated system calls up the website. This general data and information is stored in the server log files. The (1) browser types and versions 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-websites which are accessed via an accessing system on our website can be recorded, (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 used for security purposes in the event of attacks.

When using these general data and information, the APART HOTEL GARNI WIESER *** does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the APART HOTEL GARNI WIESER *** analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and 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 a data subject.

The website of APART HOTEL GARNI WIESER* includes information required by law to facilitate quick electronic contact with our company and enable direct communication with us. This also encompasses a general address for electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller is stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

The controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage or as provided by the European legislator or another legislator in laws or regulations to which the controller is subject.

If the purpose of storage no longer applies, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or deleted in accordance with legal requirements.

a) Right to confirmation
Every data subject has the right, granted by the European legislator, to obtain confirmation from the controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they may at any time contact an employee of the controller.

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

the purposes of the processing,
the categories of personal data concerned,
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,
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 concerning them, or 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: any available information as to their source,
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) 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.

If a data subject wishes to exercise this right of access, they may contact an employee of the controller 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, taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right of rectification, they may contact an employee of the controller 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, where one of the following reasons 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 their consent on which the processing is based according to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
The personal data have been unlawfully processed.
The erasure of the personal data is required to comply with a legal obligation under Union law or the law of the Member States 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) GDPR.

If one of the aforementioned reasons applies and a data subject wishes to request the erasure of personal data stored by APART HOTEL GARNI WIESER ***, they may contact an employee of the controller at any time.
The employee of APART HOTEL GARNI WIESER *** shall ensure that the erasure request is complied with without undue delay.

If the personal data have been made public by APART HOTEL GARNI WIESER *** and our company, as the controller, is obliged to erase the personal data pursuant to Article 17(1) GDPR, APART HOTEL GARNI WIESER *** shall, taking into account available technology and the cost of implementation, take reasonable measures, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure by such controllers of any links to, or copies or replications of, those personal data, insofar as processing is not required.
An employee of APART HOTEL GARNI WIESER *** 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 the controller to restrict the processing of personal data if one of the following conditions applies:

The accuracy of the personal data is disputed 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 their use.
The controller no longer needs the personal data for the purposes of processing, but the data subject requires them for the establishment, exercise, or defense of legal claims.
The data subject has objected to the processing pursuant to Article 21(1) GDPR 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 wishes to request the restriction of personal data stored by APART HOTEL GARNI WIESER ***, they may contact an employee of the controller at any time.
The employee of APART HOTEL GARNI WIESER *** 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 was provided, insofar as the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, or on a contract pursuant to Article 6(1)(b) 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 the right, when exercising their right to data portability pursuant to Article 20(1) GDPR, to have the personal data transmitted directly from one controller to another, where technically feasible, and where this does not adversely affect the rights and freedoms of others.

To exercise the right to data portability, the data subject may contact an employee of APART HOTEL GARNI WIESER *** 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) GDPR. This also applies to profiling based on these provisions.

In the event of an objection, APART HOTEL GARNI WIESER *** 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 is necessary for the establishment, exercise, or defense of legal claims.

If APART HOTEL GARNI WIESER *** processes personal data for direct marketing purposes, 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 processing for direct marketing purposes, APART HOTEL GARNI WIESER *** will no longer process the personal data for those purposes.

Furthermore, the data subject has the right to object to the processing of their personal data by APART HOTEL GARNI WIESER *** for scientific or historical research purposes, or for statistical purposes according to Article 89(1) GDPR, 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 can directly contact any employee of APART HOTEL GARNI WIESER *** or any other employee. The data subject is also free to exercise their right to object with regard to the use of information society services, regardless of Directive 2002/58/EC, through 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 — which produces legal effects concerning them or similarly significantly affects them, unless the decision is (1) necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject, and such law provides for appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or (3) is based on the explicit consent of the data subject.

If the decision is (1) necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is based on the explicit consent of the data subject, APART HOTEL GARNI WIESER *** will take appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, which at a minimum includes 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 do so by contacting any employee of the controller at any time.

i) Right to withdraw consent
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 exercise their right to withdraw consent, they can do so by contacting any employee of the controller at any time.

The data controller has integrated components of the company Facebook on this website. Facebook is a social network.

A social network is an online platform that typically allows users to communicate with each other and interact in a virtual space. A social network can serve as a platform for exchanging opinions and experiences or allows the online community to provide personal or business-related information. Facebook enables users of the social network, among other things, to create private profiles, upload photos, and connect through friend requests.

The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. The data controller responsible for the processing of personal data, if the affected person lives outside the USA or Canada, is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

Whenever one of the individual pages of this website, operated by the data controller, which has integrated a Facebook component (Facebook plug-in), is called up, the internet browser on the affected person’s IT system is automatically prompted by the respective Facebook component to download a display of the corresponding Facebook component from Facebook. An overview of all Facebook plug-ins can be retrieved at https://developers.facebook.com/docs/plugins/?locale=de_DE. As part of this technical process, Facebook becomes aware of which specific page of our website is visited by the affected person.

If the affected person is simultaneously logged into Facebook, Facebook recognizes with every visit to our website by the affected person, and for the entire duration of the visit on our website, which specific page of our website the affected person visits. This information is collected by the Facebook component and assigned to the affected person’s respective Facebook account. If the affected person clicks on any of the integrated Facebook buttons on our website, such as the "Like" button, or leaves a comment, Facebook assigns this information to the personal Facebook user account of the affected person and stores this personal data.

Facebook receives information about the affected person’s visit to our website through the Facebook component whenever the affected person is logged into Facebook at the time of visiting our website; this happens regardless of whether the affected person clicks on the Facebook component or not. If the affected person does not wish to transmit this information to Facebook, they can prevent the transmission by logging out of their Facebook account before visiting our website.

The privacy policy published by Facebook, which can be accessed at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing, and use of personal data by Facebook. It also explains the privacy settings Facebook offers to protect the affected person’s privacy. Additionally, various applications are available that allow the suppression of data transmission to Facebook. These applications can be used by the affected person to prevent data transmission to Facebook.

The data controller has integrated components of the Instagram service on this website. Instagram is a service that qualifies as an audiovisual platform, allowing users to share photos and videos and enabling the distribution of such data in other social networks.

The operating company of Instagram services is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

Each time a specific page of this website, operated by the data controller and containing an Instagram component (Insta button), is called up, the internet browser on the affected person's IT system is automatically prompted by the Instagram component to download a display of the corresponding Instagram component. As part of this technical procedure, Instagram becomes aware of which specific page of our website is being visited by the affected person.

If the affected person is logged into Instagram simultaneously, Instagram recognizes with each visit to our website by the affected person, and for the entire duration of their visit to our website, which specific page is visited. This information is collected by the Instagram component and assigned to the respective Instagram account of the affected person. If the affected person clicks on any of the Instagram buttons integrated into our website, the data and information transferred with it will be associated with the personal Instagram user account of the affected person and stored and processed by Instagram.

Instagram receives information about the affected person visiting our website whenever the affected person is logged into Instagram at the time of the visit, regardless of whether the affected person clicks on the Instagram component. If the affected person does not wish to transmit this information to Instagram, they can prevent the transmission by logging out of their Instagram account before visiting our website.

Further information and the applicable privacy policies of Instagram can be accessed at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.

The data controller has integrated components of YouTube on this website. YouTube is an internet video portal that allows video publishers to upload video clips for free, and other users can freely view, rate, and comment on them. YouTube allows the publication of all types of videos, including full-length films and TV shows, as well as music videos, trailers, or user-generated videos, which can be accessed via the internet portal.

The operating company of YouTube is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

Each time a specific page of this website, operated by the data controller and containing a YouTube component (YouTube video), is accessed, the internet browser on the affected person's IT system is automatically prompted by the respective YouTube component to download a display of the corresponding YouTube component. Further information about YouTube can be found at https://www.youtube.com/yt/about/de/. As part of this technical procedure, YouTube and Google become aware of which specific page of our website the affected person visits.

If the affected person is logged into YouTube at the same time, YouTube recognizes with the call of a page containing a YouTube video, which specific page of our website the affected person visits. This information is collected by YouTube and Google and associated with the affected person's YouTube account.

YouTube and Google receive information about the affected person visiting our website whenever the affected person is logged into YouTube at the time of the visit, regardless of whether the affected person clicks on a YouTube video. If the affected person does not wish for this information to be transmitted to YouTube and Google, they can prevent the transmission by logging out of their YouTube account before visiting our website.

The privacy policies published by YouTube, which can be accessed at https://www.google.de/intl/de/policies/privacy/, provide information about the collection, processing, and use of personal data by YouTube and Google.

Article 6(1)(a) GDPR serves 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 performance of a contract to which the data subject is a party, as is the case in processing operations that are necessary for the delivery of goods or the provision of other services or counterperformance, the processing is based on Article 6(1)(b) GDPR. The same applies to processing operations that are necessary for the performance 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 for fulfilling tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, processing personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case if a visitor to our premises were to be injured, and their name, age, health insurance information, or other vital information had to be provided to a doctor, hospital, or other third parties. In this case, the processing would be based on Article 6(1)(d) GDPR.

Finally, processing operations may be based on Article 6(1)(f) GDPR. This legal basis applies to processing operations not covered by any of the aforementioned legal grounds, if the 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 override those interests. Such processing operations are allowed, as they are specifically mentioned by the European legislator. In this context, the legislator considered that a legitimate interest could be presumed if the data subject is a customer of the data controller (Recital 47, Sentence 2, GDPR).

If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business for the benefit of the well-being of all our employees and stakeholders.

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

… regarding the Provision of Personal Data; Necessity for Contract Conclusion; Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Non-Provision

We inform you that the provision of personal data is partially required by law (e.g., tax regulations) or may arise from contractual agreements (e.g., information about the contracting party). In some cases, the provision of personal data by the data subject may be necessary for the conclusion of a contract, and the data must be processed by us. For example, the data subject is obliged to provide us with personal data if our company enters into a contract with them. Failure to provide the personal data would result in the inability to conclude the contract with the data subject. Before providing personal data, the data subject must contact one of our employees. Our employee 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 the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.