Privacy Policy

Name and contact details of the controller in accordance with Article 4(7) GDPR

Hotel Garni Binta
Rudigier Josef & Manuela
Bachweg 10
6561 Ischgl

Tel.: +43 5444 5630
E-Mail: hotel@binta.at

Security and protection of our personal data:

We consider that it is our primary task to keep the personal data that you have provided confidential and to protect them from unauthorised access. We therefore will exercise meticulous care and apply the most modern security standards to ensure maximum protection of your personal data.

As a private-law company, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the provisions of the Austrian Data Protection Act (DSG). We have taken technical and organisational measures which ensure that the provisions on data protection are complied with not only by us but also by our external service providers.

Definitions

The law requires that personal data is processed lawfully, in good faith and in a transparent manner in relation to the data subject (‘lawfulness, fairness, transparency’). To ensure this, we are informing you about the individual legal definitions which are also used in this Privacy Policy:

1. Personal data:
   ‘personal data’ means any information relating to an identified or identifiable natural person (‘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.
   
   
2. 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, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
   
   
3. Restriction of processing:
   ‘restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future.
   
   
4. Profiling:
   ‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
   
   
5. Pseudonymisation:
   ‘pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
   
   
6. Filing system:
   ‘filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.
   
   
7. Controller:
   ‘controller’ means 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.
   
   
8. Processor:
   ‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
   
   
9. Recipient
   ‘recipient’ means 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; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
   
   
10. Third party:
    ‘third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
    
    
11. Consent:
    ‘consent’ of the data subject means 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.

Lawfulness of processing:

Processing of personal data shall be lawful only if there is a legal basis for the processing. Legal basis for the processing pursuant to Article 6(1)

(a) – (f) GDPR can be, in particular:

1. the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
   
   
2. processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
   
   
3. processing is necessary for compliance with a legal obligation to which the controller is subject;
   
   
4. processing is necessary in order to protect the vital interests of the data subject or of another natural person;
   
   
5. 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;
   
   
6. processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

Information on the collection of personal data:

(1) In the following, we provide information on the collection of personal data when you use our website. Personal data are e.g. name, address, email address and user behaviour.

(2) If you contact us via email or via a contact form, the data you have provided to us (your email address, if appropriate, your name and your telephone number) will be stored by us to enable us to respond to your questions. We will delete the data that we receive in this connection when their retention is no longer required, or if there are legal requirements to keep and retain data, processing shall be restricted.

Collection of personal data when you visit our website:

If the website is used merely for information, i.e. if you are not registering or otherwise submitting data to us, we only collect the personal data that is transmitted to our server by your browser. If you wish to look at our website, we collect the following data required for technical reasons to display our website to you and to ensure that the website is stable and secure (the legal basis is Article 6(1) sentence 1 (f) GDPR):

• IP address
• Date and time of the request
• Time zone difference to Greenwich Mean Time (GMT)
• Content of the request (specific site)
• Access status/HTTP status code
• The quantity of data transferred in each case
• Website from which the request originates
• Browser
• Operating system and its interface
• Language and version of the browser software.

Children:

Our offering is fundamentally aimed at adults. Persons under the age of 18 should not submit personal data to us without the consent of their parents of legal guardians.

Rights of the data subject

(1) Withdrawal of consent

If the processing of your personal data is based on your consent, you have the right at any time to withdraw consent. The withdrawal of your consent does not affect the lawfulness of the processing that was carried out on the basis of the consent prior to the withdrawal.

If you wish to exercise your right of withdrawal, you are welcome to contact us at any time.

(2) Right to obtain confirmation

You have the right to obtain from the controller confirmation as to whether or not we are processing personal data concerning you. You can request such confirmation at any time by contacting us, using the contact details above.

(3) Right of access

If personal data are being processed, you can obtain access to the personal data and the following information at any time:

1. the purposes of the processing;
2. the categories of personal data concerned;
3. the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or  international organisations;
4. where possible, the envisaged period for which  the personal data will be stored, or, if not possible, the criteria used to determine that period;
5. the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
6. the right to lodge a complaint with a supervisory authority;
7. where the personal data are not collected from the data subject, any available information as to their source;
8. the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) 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.

Where personal data are transferred to a third country or to an international organisation, you shall have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer. We shall provide a copy of the personal data undergoing processing. For any further copies requested by you, we may charge a reasonable fee based on administrative costs. Where you make the request by electronic means, and unless otherwise requested by you, the information shall be provided in a commonly used electronic form.

The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.

(4) Right to rectification

You shall have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

(5) Right to erasure(‘right to be forgotten’)

You shall have the right to obtain from the controller the erasure of personal data concerning you without undue delay and we shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

1. The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
   
   
2. the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing;
   
   
3. 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);
   
   
4. the personal data have been unlawfully processed;
   
   
5. the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
   
   
6. the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).

Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

The right to erasure (‘right to be forgotten’) does not exist where the processing is required:

• for exercising the right of freedom of expression and information;
• for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
• for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) GDPR;
• for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
• for the establishment, exercise or defence of legal claims.

(6) Right to restriction of processing

You shall have the right to obtain from us restriction of processing where one of the following applies:

1. 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;
   
   
2. the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
   
   
3. the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
   
   
4. the data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

Where processing has been restricted pursuant to the above conditions, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

To assert the right to restriction of processing, the data subject may contact us at any time, using the above-mentioned contact details.

(7) Right to data portability

You shall have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller without hindrance from us to which the personal data have been provided, where:

1. the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1) GDPR; and
   
   
2. the processing is carried out by automated means.

In exercising his or her right to data portability pursuant to paragraph 1, you shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

(8) Right to object

You shall have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

Where personal data are processed for direct marketing purposes, you shall have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. 3. Where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), you, on grounds relating to your particular situation, shall have the right to object to processing of personal data concerning you, unless the processing is necessary for the performance of a task carried out for reasons of public interest. You can exercise the right of objection at any time by contacting the relevant controller.

(9) Automated individual decisions-making, including profiling

You shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This shall not apply if the decision:

1. is necessary for entering into, or performance of, a contract between the data subject and a data controller;
   
   
2. is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or
   
   
3. is based on the data subject's explicit consent.

The controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

The data subject may exercise this right at any time by contacting the relevant controller.

10) Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes this Regulation.

(11) Right to an effective judicial remedy

Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77, you shall have the right to an effective judicial remedy where you consider that your rights under this Regulation have been infringed as a result of the processing of your personal data in non-compliance with this Regulation.

Use of cookies

(1) During the visit to our website, in addition to the aforementioned data, cookies are stored on your computer. Cookies are small text files, which are stored on your hard drive, attached to the browser you are using, and by means of which certain information is fed to the place where the cookie is stored. Cookies cannot run programmes or deliver viruses to your computer. They are used to make the internet offering as a whole more user-friendly and more effective.

(2) This website uses the following types of cookies, whose scope and functioning are explained below:

• Transient cookies (see also a.)
• Persistent cookies (see also b.).

1. Transient cookies are automatically deleted when you close the browser. These include in particular the session cookies. They store a so-called session ID, enabling the attachment of various browser requests to the joint session. This means that your computer can be recognised again when you return to our website. The session cookies are deleted when you log out or close the browser.
2. Persistent cookies are automatically deleted after a specified time which can differ depending on the cookie. You can delete the cookies at any time in the safety settings of your browser.
3. You can configure your browser setting according to your wishes and, for example, refuse to accept third-party cookies or all cookies. So-called ‘third-party cookies’ are cookies, which have been placed by a third party, therefore not by the actual website being visited at the moment. Please note that you may not be able to use all functions of this website if you deactivate the cookies.

Other functions and offers on our website

(1) Apart from the use of our website for information only, we offer various services, which you can use if they are of interest to you. To do so, you usually have to provide further personal data which we use to provide the specific service and to which the above-mentioned principles of data processing apply.

(2) To some extent, we use external service providers for processing your data. These have been carefully selected and instructed by us; they are bound by our instructions and monitored on a regular basis.

(3) Furthermore, we can share your personal data with third parties, if there are special offers, competitions, contractual agreements or similar activities jointly offered by us and our partners. You will receive detailed information about this upon submission of your personal data or below in the description of the offer.

(4) Where the registered office of our service providers or partners is located in a country outside the European Economic Area (EEA), we will inform you of the consequences of this circumstance in the description of the offer.

Deletion and blocking of cookies

All common web browsers offer functions to prevent the general storing of cookies, or the storing of cookies from third-party providers (e.g. advertising partners), and to delete cookies at any time. Information and guidance on managing cookies is available via the following links for the browser producers:

Internet Explorer from Version 7 >>

Google Chrome >>

Mozilla Firefox >>

Opera >>

Apple Safari >>

Cookies- It should be noted that the use of the website may be restricted if cookies are blocked.

Cookies from third-party providers

Cookies from third-party providers (incl. Google) are also used to place advertisements on the basis of previous visits by a user of the website. These advertising partners do not collect any personal information such as names, email addresses, postal addresses or telephone numbers. Users of the website can deactivate the use of cookies by Google, by visiting the page Interest-related advertising outside Google and deactivating the function. In addition, users can deactivate the use of cookies by third-party providers, by visiting the deactivation page of the ‘Network Advertising Initiative’ http://www.networkadvertising.org/choices/ and http://www.youronlinechoices.com/ and adjusting the relevant settings to opt out. These settings ensure that interest-related advertisement is not displayed; it does not, however, prevent the display of advertisements in general.

Google Analytics

This website uses Google Analytics, an online website analysis service provided by Google Inc. (‘Google’). Google Analytics uses so-called ‘cookies’, these are text files stored on your computer which make it possible to analyse how you use the website. The information which the cookie generates about your usage of this website is normally sent to one of Google’s servers in the USA and stored there.

If you have activated IP anonymisation for this website, your IP address will be abbreviated by Google beforehand within the Member States of the European Union or in other countries that are contracting parties 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 be abbreviated there. On behalf of the operator of this website, Google will use this information to analyse your usage of the website, compile reports about website activity and provide other services to the website operator relating to website usage and Internet usage.

The IP address transmitted from your browser as part of Google Analytics is not associated with any other data held by Google. You can prevent cookies from being stored by changing the relevant settings in your browser software; however, please note that in this case you may not be able to take full advantage of all the functions of this website. You can also prevent the capture of the data related to your use of the website generated by the cookie (including your IP address) on Google as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en-GB

As an alternative to using the browser plugin or in browsers on mobile devices, please click on the following link to set an opt-out cookie which prevents the capture by Google Analytics within this website in the future (this opt-out cookie only works in this browser and only for this domain; if you delete your cookies in this browser, you will need to click this link again): <a onclick="alert('Google Analytics wurde deaktiviert');"href="javascript:gaOptout()">Google Analytics deaktivieren</a>

It should be noted that this website uses Google Analytics with the extension “_anonymizelp()”, and that therefore, IP addresses are only processed further in abbreviated form to prevent them being directly linked to a particular individual.

Use of web fonts

These web pages use external fonts, called Google Fonts. Google Fonts is a service provided by Google Inc. (‘Google’). These web fonts are embedded by a server call, usually a Google server in the USA. Information on which of our websites you have visited is thereby transmitted to the server. Google also stores the browser IP address of the visitor’s device to their websites. Detailed information can be found in the data protection notices by Google’s privacy policy, which is available at:

www.google.com/fonts#AboutPlace:about

https://policies.google.com/privacy?hl=en-GB

Google Maps

This website uses Google Maps by Google Inc. By using this website, you agree to the capture, processing and use of data collected by Google Inc, their representatives and third parties.

The terms and conditions for the use of Google Maps can be found at ‘Google Maps terms of use’

Google Recapture

To protect your orders made via internet forms, Hotel Garni Binta

. uses reCAPTCHA, a service provided by Google Inc. (Google). The purpose of the request is to determine whether the entry is submitted by a person or fraudulently by means of automated machine processing. As part of the request, the IP address and, if appropriate, other data required by Google for reCAPTCHA are forwarded to Google. For this purpose, your entry is transmitted to Google and used further there. By using reCaptcha, you agree that the identification you have provided can be entered in the digitisation of old works. If IP anonymisation has been activated on this website, your IP address will, however, first be abbreviated by Google within the Member States of the European Union or in other countries that are contracting parties 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 be abbreviated there. Google will use this information on behalf of the operator of this website to evaluate your use of this service. The IP address transmitted from your browser as part of reCaptcha is not associated with any other data held by Google. These data are subject to Google’s privacy policy which is different. Further information on Google’s privacy policy is available at: https://policies.google.com/privacy?hl=en-GB

Use of contact form

When you send us a request via the contact form, your details from the request form including the contact data you have provided are stored by us for the purpose of processing the request and in case of follow-up questions. We do not share this data without your permission. The data is deleted when the processing of your request has been completed.

You may revoke your permission with effect for the future at any time via email to hotel@binta.at