Privacy Policy

The privacy policy of the Hoamat House Appartements | (Company name: Jörgen Oberkofler, MSc) is based on the terminology used by the European legislator when enacting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easily readable and understandable for both the public and our customers and business partners. To ensure this, we would like to clarify the terminology used beforehand.

In this privacy policy, we use the following terms, among others:

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

b) Data subject
Data subject is any identified or identifiable natural person whose personal data is processed by the controller.

c) Processing
Processing is any operation or set of operations which is performed on personal data, whether by automated means or not, such as the collection, recording, organization, structuring, storage, alteration or modification, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

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

e) Profiling
Profiling is any form of automated processing of personal data 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 work performance, 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 separately and is subject to technical and organizational measures that ensure that the personal data is not attributed to an identified or identifiable natural person.

g) Controller or processor
Controller or processor is the natural or legal person, public authority, agency or other body that alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union law or the law of the member states, the controller or the criteria for its designation may be laid down by Union law or the law of the member states.

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

i) Recipient
Recipient is a natural or legal person, public authority, agency, or another body to whom personal data are disclosed, irrespective of whether it is a third party or not. However, authorities that may receive personal data in the course of a particular inquiry under Union law or the law of the member states are not regarded as recipients.

j) Third party
Third party is a natural or legal person, public authority, agency or other body outside 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 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 applicable data protection laws in the Member States of the European Union, and other provisions with data protection legal character is:

Hoamat House Appartements | (Company name: Jörgen Oberkofler, MSc)
Schulgasse 151
5581 Sankt Margarethen im Lungau
Austria
Telephone: +43 (0) 6476 215
E-Mail: info@hoamat-house.at
Website: hoamat-house.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 regarding your use of this website is usually transmitted to a server of Google in the USA and stored there. In the case of IP anonymization being activated on this web page, your IP address will be truncated 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 server of Google 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, compile reports on website activities, and provide further services related to website use and internet use to the website operator. The IP address transmitted by your browser within the framework of Google Analytics will not be merged with other data from Google. You can prevent the storage of cookies by adjusting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all the features of this website to their full extent. Furthermore, you can prevent the collection of the 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, which prevents the collection of your data on future visits to this website: Disable Google Analytics.
If you delete the cookies in this browser, you must set the opt-out cookie again.
For more information on Google Analytics terms and data protection, please also visit https://www.google.com/analytics/terms/en.html.

The website of the Hoamat House Appartements | (Company name: Jörg Oberkofler, MSc) collects a range of general data and information with each access to the website by an affected person or an automated system. This general data and information are stored in the log files of the server. It may include (1) the types and versions of browsers used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the subpages 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 safeguard against hazards in the event of attacks on our information technology systems.

In using this general data and information, Hoamat House Appartements | (Company name: Jörg Oberkofler, MSc) does not draw conclusions about the affected person. This information is rather required to (1) deliver the contents of our website correctly, (2) optimize the contents of our website as well as the advertising for the same, (3) ensure the permanent functionality of our information technology systems and the technology of our website, and (4) provide law enforcement agencies with the necessary information for prosecution in the event of a cyberattack. The anonymously collected data and information are therefore evaluated by Hoamat House Appartements | (Company name: Jörg Oberkofler, MSc) statistically and further with the aim of enhancing data protection and data security in our company, ultimately ensuring an optimal level of protection for the personal data processed by us. The anonymous data in the server log files are stored separately from all personal data provided by an affected person.

The website of the Hoamat House Appartements | (Company name: Jörgen Oberkofler, MSc) contains information pursuant to legal regulations that allows for a quick electronic contact with our company as well as direct communication with us, which also includes a general address of the so-called electronic mail (email address). If a data subject contacts the controller responsible for processing by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data voluntarily provided by a data subject to the controller responsible for processing is stored for the purposes of processing or contacting the data subject. There is no transfer of this personal data to third parties.

The controller processes and stores personal data of the data subject only for the period necessary to achieve the storage purpose or insofar as this is provided for by the European directive and regulation or another legislator in laws or regulations to which the controller is subject.
If the storage purpose ceases to exist or a storage period prescribed by the European directive and regulation 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 Maker to request from the controller confirmation as to whether or not personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they 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 Directive and Regulation Maker to obtain from the controller free of charge at any time information about the personal data stored concerning them and a copy of this information. Furthermore, the European Directive and Regulation Maker has granted the data subject the right to information about the following:

• the purposes of the processing
• the categories of personal data that are processed
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
• the planned duration for which the personal data will be stored or, if that is not possible, the criteria used to determine that duration
• the existence of a right to rectification or erasure of personal data concerning them or to restriction of processing by the controller or of the right to object to such processing
• the existence of a right to lodge a complaint with a supervisory authority
• if 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, pursuant to 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

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 this is the case, the data subject has the right to obtain information about the appropriate safeguards relating to the transfer. If a data subject wishes to exercise this right to access, they 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 Directive and Regulation Maker to obtain from the controller without undue delay the rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data - including 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 Directive and Regulation Maker to request from the controller the erasure of personal data concerning them without undue delay, provided that one of the following grounds applies and the processing is not necessary:

• The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
• The data subject withdraws consent on which the processing is based according to Art. 6(1)(a) GDPR or Art. 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 has been unlawfully processed.
• The erasure of 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 has been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

If any of the above grounds applies and a data subject wishes to request the erasure of personal data stored at Hoamat House Appartements | (Company name: Jürgen Oberkofler, MSc), they can contact our data protection officer at any time. The data protection officer of Hoamat House Appartements | (Company name: Jürgen Oberkofler, MSc) or another employee will ensure that the erasure request is complied with without undue delay.
If the personal data has been made public by Hoamat House Appartements | (Company name: Jürgen Oberkofler, MSc) and our company is obliged to delete the personal data as a controller under Article 17(1) GDPR, Hoamat House Appartements | (Company name: Jürgen Oberkofler, MSc) shall take appropriate measures, taking into account available technology and implementation costs, including technical measures, to inform other controllers who process the published personal data that the data subject has requested the deletion of all links to such personal data or of copies or replications of such personal data, insofar as the processing is not necessary. The data protection officer of Hoamat House Appartements | (Company name: Jürgen Oberkofler, MSc) 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 Directive and Regulation Maker to request the restriction of processing from the controller if one of the following applies:

• The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
• The processing is unlawful, the data subject opposes the erasure of the personal data and requests instead the restriction of their use.
• The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them for the establishment, exercise or defense of legal claims.
• The data subject has objected to processing pursuant to Article 21(1) GDPR and it is not yet clear 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 that is stored at Hoamat House Appartements | (Company name: Jürgen Oberkofler, MSc), they can contact our data protection officer at any time. The data protection officer of Hoamat House Appartements | (Company name: Jürgen Oberkofler, MSc) 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 Directive and Regulation Maker to receive the personal data concerning them, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) 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, in exercising their right to data portability pursuant to Article 20(1) GDPR, has the right to request that the personal data be transmitted directly from one controller to another controller, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.
To exercise the right to data portability, the data subject can contact the data protection officer appointed by Hoamat House Appartements | (Company name: Jürgen Oberkofler, MSc) 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 Directive and Regulation Maker to object at any time to the processing of personal data concerning them, on grounds relating to their particular situation, which is based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.
Hoamat House Appartements | (Company name: Jürgen Oberkofler, MSc) will no longer process the personal data in the event of an objection, 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 Hoamat House Appartements | (Company name: Jürgen Oberkofler, MSc) processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning them 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 Hoamat House Appartements | (Company name: Jürgen Oberkofler, MSc) regarding the processing for direct marketing purposes, Hoamat House Appartements | (Company name: Jürgen Oberkofler, MSc) will no longer process the personal data for these purposes.
Furthermore, the data subject has the right to object on grounds relating to their particular situation to the processing of personal data concerning them, which is carried out by Hoamat House Appartements | (Company name: Jürgen Oberkofler, MSc) for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) GDPR, unless the 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 contact the data protection officer of Hoamat House Appartements | (Company name: Jürgen Oberkofler, MSc) or another employee directly. The data subject is also free to exercise their right to object in connection with the use of services of the information society, notwithstanding 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 Directive and Regulation Maker 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 (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject and that law contains appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, or (3) is based on the express consent of the data subject.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller or (2) is made with the express consent of the data subject, Hoamat House Appartements | (Company name: Jürgen Oberkofler, MSc) shall implement appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which shall include at least the right to obtain intervention by a person on the part of the controller, to state their point of view, and to contest the decision.
If a data subject wishes to exercise rights regarding automated decisions, they can contact our data protection officer at any time.

i) Right to withdraw consent to data processing
Every data subject affected by the processing of personal data has the right granted by the European Directive and Regulation Maker 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 contact our data protection officer at any time.

Art. 6 I lit. a DS-GVO serves as the legal basis for processing activities in our company where we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the fulfillment of a contract of which the data subject is a party, as is the case, for example, in processing activities required for the delivery of goods or the provision of other services or considerations, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing activities that are necessary to carry out pre-contractual measures, for instance in cases of inquiries regarding our products or services. If our company is subject to a legal obligation which makes the processing of personal data necessary, such as for the fulfillment of 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 to our operation were to be injured and thereafter their name, age, health insurance details, or other vital information had to be forwarded to a doctor, a hospital, or other third parties. Then the processing would be based on Art. 6 I lit. d DS-GVO. Ultimately, processing activities could be based on Art. 6 I lit. f DS-GVO. This legal basis covers processing activities not falling under any of the aforementioned legal bases, provided that the processing is necessary for the protection of legitimate interests of our company or a third party, as long as the interests, fundamental rights, and freedoms of the data subject do not outweigh those interests. Such processing activities are particularly permitted for us because they have been specifically mentioned by the European legislator. They took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 DS-GVO).

If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the execution of our business in favor 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 are routinely deleted, provided they are no longer needed for contract fulfillment or contract initiation.

We clarify that the provision of personal data is partly required by law (e.g., tax regulations) or may arise from contractual arrangements (e.g., information about the contracting party). It may sometimes be necessary for a contract to be concluded that a data subject provides us with personal data, which must then be processed by us. The data subject is, for example, obligated to provide us with personal data if our company enters into a contract with them. Failure to provide the personal data would mean that the contract with the affected person could not be concluded. Before providing personal data, the affected person must contact our data protection officer. Our data protection officer will inform the affected person on a case-by-case basis whether the provision of personal data is legally or contractually required or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.

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

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

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