Data Protection & Privacy
The protection of personal data is an important concern for us. We therefore conduct our activities in accordance with the applicable legal provisions on the protection of personal data and data security. In the following, you will learn what information we may collect, how we handle it and to whom we may make it available.
Data protection is considered a fundamental right in Austria. Information that provides information about a person or is not generally accessible must be handled with care.
In principle, you have the rights to information, correction, deletion, restriction, data portability, revocation and objection. If you believe that the processing of your data violates data protection law or that your data protection rights have been violated in any other way, you can complain to the supervisory authority. In Austria, this is the data protection authority. Data Protection Authority of the Republic of Austria – https://www.dsb.gv.at/
Data Protection contact person:
Dipl. Dieter Zoubek
Diamo GesmbH, FN 183.225z
Management Consulting . Mediation . Life and social counselling
Certified data protection expert
Tel. 0664 / 33 25 195
We do not collect any personal data (such as names, addresses, telephone numbers or e-mail addresses) through our websites unless you voluntarily choose to provide us with it (for example, by registering, completing a survey, contacting us or subscribing to our newsletter), respectively, provide your consent, or unless otherwise permitted by applicable laws and regulations for the protection of your personal data.
Data use for newsletter dispatch
If you have given us your e-mail address for this purpose, you will receive our regular newsletter. The agent only uses your e-mail address for this purpose and only informs you about its own offers.
You can unsubscribe from a newsletter and refuse to receive further newsletters by e-mail at any time either in person or by sending a message to firstname.lastname@example.org.
We generally use the personal data you provide to respond to your enquiries, process your registration or provide you with access to certain information. It may still be necessary to maintain civic relations,
- that we store or process your personal data in order to better respond to your requests or to improve our citizen service; or
- that we (or a third party on our behalf) use this personal data to inform you about our homepage offers / citizen services in order to better meet the tasks and requirements of our citizens.
Of course, we respect it if you do not want to give us your personal data to support our civic relations. Any objection to the transfer of data can be raised in any way at the municipal office.
Automatically collected data
When you access our websites, information is occasionally collected automatically (i.e. not via registration) that is not necessarily assigned to a specific person (for example, the Internet browser and operating system used; domain name of the website from which you came; number of visits; average time spent; pages viewed). We use this information to determine the attractiveness of our websites and to improve their performance and content.
“Cookies” – information that is automatically placed on your computer
When you visit one of our websites, we may place information on your computer in the form of a “cookie” which will automatically recognise it on your next visit. If you do not want us to recognise your computer, please set your internet browser to delete cookies from your computer hard drive, block all cookies or warn you before a cookie is stored.
Links to other websites
The website contains links to other websites. The municipality is not responsible for the privacy policies or the content of these other websites.
Use of Facebook plugins
Plugins of the social network Facebook (Facebook Ireland Limited, Hanover Reach, 5-7 Hanover Quay, Dublin 2 Ireland) are integrated on our pages. You can recognise the Facebook plugins by the Facebook logo or the “Like” button on our site. You can find an overview of the Facebook plugins here: http://developers.facebook.com/docs/plugins/
When you visit our pages, a direct connection is established between your browser and the Facebook server via the plugin. Facebook thereby receives the information that you have visited our site with your IP address. If you click the Facebook “Like” button while you are logged into your Facebook account, you can link the content of our pages on your Facebook profile. This allows Facebook to associate your visit to our pages with your user account.
On our website, we use so-called web fonts or icons provided by Fonticons, Inc. for the uniform display of fonts or icons. When you access this website, your browser loads the required web fonts or icons into your browser cache in order to display texts, fonts and icons correctly.
For this purpose, the browser you use must establish a connection to the servers of Fonticons, Inc. This enables Fonticons, Inc. to know that this website has been accessed via your IP address. Font Awesome is used in the interest of a uniform and appealing presentation of our website, which constitutes a legitimate interest within the meaning of Art. 6 Para. 1 lit. f DSGVO.
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Person concerned
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing is any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data are not attributed to an identified or identifiable natural person.
f) Controller or person responsible for the processing
The controller or person responsible for processing is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.
Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.
Consent shall mean any freely given specific and informed indication of the data subject’s wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
Name and address of the controller
The person responsible within the meaning of the General Data Protection Regulation is the:
Municipality of Semmering-Kurort
Phone: +43 (0)2664 2326
Registration on our website
The data subject has the possibility to register on the website of the controller by providing personal data. The personal data that is transmitted to the data controller in this context results from the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the data to be transferred to one or more processors who will also use the personal data exclusively for an internal use attributable to the controller.
By registering on the website of the controller, the IP address assigned by the Internet service provider (ISP) of the data subject, the date and the time of registration are also stored. The storage of this data takes place against the background that only in this way can the misuse of our services be prevented and, if necessary, this data makes it possible to clarify criminal offences that have been committed. In this respect, the storage of this data is necessary for the protection of the data controller. As a matter of principle, this data is not passed on to third parties unless there is a legal obligation to pass it on or the passing on serves the purpose of criminal prosecution.
The registration of the data subject by voluntarily providing personal data serves the purpose of the controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have it completely deleted from the data of the controller.
The controller shall provide any data subject at any time, upon request, with information on what personal data is stored about the data subject. Furthermore, the controller shall correct or delete personal data at the request or indication of the data subject, provided that this does not conflict with any statutory retention obligations. The entire staff shall be available to the data subject as contact persons in this context.
Routine deletion and blocking of personal data
The controller shall process and store personal data of the data subject only for the time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies or if 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.
Rights of the data subject
a) Right to confirmation
Every data subject has the right, granted by the European Directive and the Regulation, to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right, he or she may, at any time, contact any employee of the municipality of Semmering.
b) Right to information
Any person affected by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller, at any time and free of charge, information about the personal data stored about him or her and a copy of this information.
If a data subject wishes to exercise this right of access, he or she may, at any time, contact any employee of the municipality of Semmering – Kurort.
c) Right of rectification
Any person concerned by the processing of personal data shall have the right granted by the European Directive and the Regulation to obtain the rectification without delay of inaccurate personal data relating to him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.
If a data subject wishes to exercise this right to rectify, he or she may, at any time, contact any employee of the municipality of Semmering-Kurort.
d) Right to erasure (right to be forgotten)
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is not necessary:
- The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject revokes the consent on which the processing was based pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been processed unlawfully.
- The deletion of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
- The personal data was collected in relation to information society services offered pursuant to Article 8 (1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored, he or she may, at any time, contact any employee of the Gemeinde Semmering – Kurort. The employee will arrange for the deletion request to be complied with immediately.
e) Right to restrict processing
Any person concerned by the processing of personal data has the right, granted by the European Directive and the Regulation, to obtain from the controller the restriction of processing where one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
- The controller no longer needs the personal data for the purposes of processing, but the data subject needs it for the establishment, exercise or defence of legal claims.
- The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored, he or she may, at any time, contact any employee of the Gemeinde Semmering – Kurort. The employee will arrange the restriction of the processing.
f) Right to data portability
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. The data subject shall also have the right to transmit such data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
In order to assert the right to data portability, the data subject may contact us at any time.
g) Right to object
Any person affected by the processing of personal data shall have the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) of the Data Protection Regulation.
We shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims.
If we process personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. If the data subject objects to our processing for direct marketing purposes, we will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right to object, the data subject may directly contact any employee of the Gemeinde Semmering-Kurort.
h) Right to revoke consent under data protection law
Every person affected by the processing of personal data has the right granted by the European Directive and Regulation to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Gemeinde Semmering – Kurort.
Legal basis of the processing
Article 6 lit. a DSGVO serves as our 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, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Article 6 lit. b DSGVO. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in the case of enquiries about our products or services. If we are subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Art. 6 lit. c DSGVO. In rare cases, the processing of personal data might become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 lit. d DSGVO.
Finally, processing operations could be based on Art. 6 lit. f DSGVO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. We are permitted to carry out such processing operations in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, sentence 2 of the GDPR).
Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 lit. f DSGVO, our legitimate interest is the performance of our activities on the basis of the legal foundations (e.g. Lower Austrian Basic Regulation) and for the benefit of the well-being of all our municipal citizens and guests.
Duration for which the personal data are stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of the contract.