Residenz am Hamerlingpark GmbH & Co KG
1030 Vienna, Austria
Managing Director: Ing. Hebert Friedl, Mag. Jasmin Soravia
Link to the legal notice https://www.dashamerling.at/en/legal-notice
Types of processed data:
– Inventory data
– Contact details
– Content data
– Usage data
– Meta-/communication data
Categories of data subjects
Visitors and users of the online offer (hereinafter we also refer to the data subjects as „users“).
Purpose of the processing
– Provision of the online offer, its functions and contents.
– Answering contact requests and communicating with users.
– Safety measures.
– Reach measurement/Marketing
„Personal data“ means any information relating to an identified or identifiable natural person (hereinafter the „data subject“); a natural person is considered as identifiable, if he can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more special features that express the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
„Processing“ means any process performed with or without the aid of automated procedures or any such process associated with personal data. The term is far-reaching and includes virtually every handling of data.
“Pseudonymization“ means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without additional information being provided, if such additional information is kept separate and subject to technical and organizational measures to ensure that the personal data are not assigned to an identified or identifiable natural person.
„Profiling“ means any kind of automated processing of personal data which involves the use of such personal data to analyze or predict certain personal aspects relating to a natural person, in particular aspects relating to job performance, economic situation, health, personal preferences, interests, reliability, behavior, whereabouts or relocation of that natural person.
“Controller“ means the natural or legal person, public authority, body or body that decides, alone or in concert with others, on the purposes and means of processing personal data.
„Processor“ means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
Relevant legal bases
In accordance with Art. 32 GDPR, we take suitable technical and organizational measures to ensure a level of protection appropriate to the risk, taking into consideration the state of technology, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the varying likelihood of occurrence and severity of the risk to the rights and freedoms of natural persons.
Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as their access, input, disclosure, availability and separation. We have also set up procedures to ensure the exercise of data subjects’ rights, deletion of data, and to guarantee response to data vulnerability. Furthermore, we consider the protection of personal data already during the development or selection of hardware, software and procedures, according to the principle of data protection through technology design and privacy-friendly default settings (Article 25 GDPR).
Collaboration with contract processors and third parties
If, in the context of our processing, we disclose data to other persons and companies (contractor processors or third parties), transmit data to them or otherwise grant access to the data, this will be done only on the basis of legal permission (e.g. in case of transmission of the data to third parties, as required by payment service providers, pursuant to Art. 6 (1) (b) GDPR to fulfill the contract), you have consented to this, it is required by a legal obligation or based on our legitimate interests (e.g. the use of agents, webhosting services, etc.).
If we commission third parties with the processing of data on the basis of a so-called “contract processing agreement”, this will be done on the basis of Art. 28 GDPR.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or in the context of the use of third party services or disclosure or transmission of data to third parties, this will be done only in order to fulfill our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special conditions of Art. 44 et seq. GDPR are present. This means, for example, that the processing takes place on the basis of special guarantees, such as the officially recognized level of data protection (e.g. for the USA through the „Privacy Shield“) or compliance with officially recognized special contractual obligations (so-called „standard contract clauses“).
Rights of data subjects
You have the right to ask for confirmation as to whether the data in question are being processed and for information about these data as well as for further information and a copy of the data in accordance with Art. 15 GDPR.
In accordance with Art. 16 GDPR, you have the right to demand completion of the data relating to you or the rectification of incorrect data relating to you.
In accordance with Art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, to demand that a restriction be placed on the processing of the data in accordance with Art. 18 GDPR.
You have the right to demand that the data relating to you, which you have provided to us, be obtained in accordance with Art. 20 GDPR and request their transmission to other controllers.
Furthermore, in accordance with Art. 77 GDPR, you have the right to file a complaint with the competent supervisory authority.
Right of revocation
You have the right to grant consent in accordance with. Art. 7 (3) GDPR with effect for the future.
Right to object
You can object to the future processing of your data at any time in accordance with Art. 21 GDPR. The objection may in particular be made against processing for direct marketing purposes.
Cookies and the right to object to direct mail
Cookies are small files that are stored on users‘ computers. Different information can be stored within the cookies. A cookie is primarily used to store the information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, called „session cookies“ or „transient cookies“ are cookies that are deleted after a user leaves an online offer and closes his browser. Information such as the content of a shopping cart in an online shop or a login status can be saved in such a cookie. The term „permanent“ or „persistent“ refers to cookies that remain stored even after the browser has been closed. For example, the login status can be saved if users visit the website it after several days. Likewise, the interests of the users, which are used for range measurement or marketing purposes, can be stored in such a cookie. A „third-party cookie“ refers to cookies that are offered by providers other than the person who manages the online offer (otherwise, if it is only their cookies, these are called „first-party cookies“).
If users do not want cookies stored on their computer, they will be asked to disable the corresponding option in their browser’s system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
Deletion of data
According to legal regulations in Austria, storage takes place in particular for 7 years according to Art. 132 (1) BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate, and for 10 years in the case of documents relating to electronically supplied services, telecommunications, broadcasting and television services provided to non-entrepreneurs in EU Member States and for which the Mini-One-Stop-Shop (MOSS) is used.
We process the data of our customers, clients and prospects (collectively referred to as „customers“) in accordance with Art. 6 (1) (b) GDPR in order to provide you with our contractual or pre-contractual services. The data processed, the nature, scope and purpose and necessity of their processing are determined by the underlying mandate. In principle, this includes inventory and master data of the customer (name, address, etc.), as well as the contact data (email address, telephone, etc.), the contractual data (content of the instruction, fees, terms, information about the companies/insurers/services) and payment data (commissions, payment history, etc.). We may also process information about the characteristics and circumstances of persons or things belonging to them, if this is part of our order. This can be, for example, information about personal living conditions, movable property or real estate.
As part of our instruction, it may also be necessary for us to process special categories of data in accordance with Art. 9 (1) GDPR, in this case, in particular, information about a person’s health. If necessary, in accordance Art. 6 (1) (a), Art. 7, Art. 9 (2) (a) GDPR, we obtain the explicit consent of the customer for this.
If required for the fulfillment of the contract or as required by law, we disclose or transmit the customers‘ data in the context of coverage inquiries, conclusion and processing of contractual data to providers of brokered services/facilities, insurers, reinsurers, brokerage pools, technical service providers, other service providers, such as cooperative associations, as well as financial service providers, lending institutions and capital investment companies as well as social insurance funds, tax authorities, tax consultants, legal advisers, auditors, insurance ombudsmen and institutions of the Federal Financial Supervisory Authority (BaFin). We can also hire subcontractors, e.g. sub-brokers. We obtain the consent of the customer, if this is required for the disclosure/transmission of the consent of the customer (which may be the case, for example, in the case of special categories of data according to Art. 9 GDPR).
The deletion of the data takes place after expiration of statutory warranty and comparable obligations, whereby the need to store the data is checked every three years; otherwise, the statutory storage obligations apply.
In the case of legal archiving obligations, deletion takes place after their expiration. In particular, according to German law in the insurance and finance industry, records must be kept for 5 years, broker notes for 7 years and broker contracts for 5 years and generally 6 years for documents relevant for commercial law and 10 years for tax-relevant documents.
Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks as well as the organization of our business, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the course of rendering our contractual services. The bases for the processing are Art. 6 (1) (c) GDPR, Art. 6 (1) (f) GDPR. The processing affects customers, prospects, business partners and website visitors. The purpose of and interest in processing lies in administration, financial accounting, office organization, data archiving, i.e. tasks that serve to maintain our business, perform our duties and provide our services. The deletion of the data in terms of contractual performance and contractual communication corresponds to the information provided in these processing activities.
In doing so, we disclose or transmit data to the tax office, consultants, such as tax accountants or auditors, as well as other payment agents and payment service providers.
Furthermore, we store information on suppliers, promoters and other business partners on the basis of our business interests, e.g. for the purpose of contacting you at a later date. We generally store these data, most of which are company-related, on a permanent basis.
When contacting us (e.g. via contact form, email, telephone or via social media), the information provided by the user to process the contact request and to complete it will be processed in accordance with Art. 6 (1) (b) GDPR. User information can be stored in a Customer Relationship Management System („CRM System“) or a comparable system for organizing inquiries.
We will delete the inquiries if they are no longer required. We will check whether they are still needed every two years; the legal archiving obligations will continue to apply.
Hosting and emailing
The hosting services we use are designed to provide the following services: infrastructure and platform services, computing capacity, storage and database services, emailing, security and technical maintenance services we use to operate this online service.
This involves us or our hosting provider processing inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer in accordance with Art. 6 (1) (f) GDPR in conjunction with Art. 28 GDPR (conclusion of contract processing agreement).
Collection of access data and log files
On the basis of our legitimate interests within the meaning of Art. 6 (1) (f) GDPR, we or our hosting provider collect data on each access to the server on which this service is located (so-called server log files). The access data include the name of the retrieved web page, file, date and time of retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Log file information is stored for security reasons (e.g. to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted. Data whose further retention is required for evidentiary purposes is exempt from deletion until final clarification of the incident in question.
Google Tag Manager
Google Tag Manager is a solution that allows us to manage so-called website tags through a single interface (including integrating Google Analytics and other Google marketing services into our online offering). Tag Manager itself (which implements the tags) does not process users‘ personal data. With regard to the processing of users‘ personal data, we refer to the following information about Google’s services. Use Policy: https://www.google.com/intl/en/tagmanager/use-policy.html.
Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services related to the use of this online offer and internet usage. In this case, pseudonymous usage profiles of the users can be created from the processed data.
We only use Google Analytics with IP anonymization activated. This means that the users’ IP addresses will be shortened by Google within member states of the European Union or in other states that are parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there.
The IP address submitted by the user’s browser will not be merged with other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; users may also prevent the collection by Google of the data generated by the cookie and related to their use of the online offer as well as the processing of these data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
The personal data of users will be deleted or anonymized after 14 months.
Integration of services and contents of third parties
Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) (f) GDPR), we make use of content or services offered by third-party providers in order to integrate their content and services such as videos or fonts (collectively referred to as „content“).
This always presupposes that the third-party providers of this content know the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for displaying this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as „web beacons“) for statistical or marketing purposes. The „pixel tags“ can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, visit time, and other information regarding the use of our online offer.