Data protection information in accordance with Article 13 & 14 GDPR Zell am see-Kaprun App

The protection of your personal data is of particular concern to us. We therefore process your data exclusively in a lawful manner based on the statutory provisions (in particular GDPR, Austrian Data Protection Act (DSG) 2018, Austrian Telecommunications Act (TKG) 2021). This data protection information, contain the most important aspects of data processing - type, scope and purposes of the collection and use of your personal data - as part of the registration and use of the Zell am See-Kaprun App.

 

Who is responsible for processing your data?

The controller (within the meaning of Article 4, seventh line GDPR) processing your personal data (personal data within the meaning of Article 4, first line GDPR) is:

ZELL AM SEE-KAPRUN TOURISMUS GMBH
Brucker Bundesstr. 1a
A-5700 Zell am See
Phone: +43 6542 770
Email: welcome@zellamsee-kaprun.com
https://www.zellamsee-kaprun.com/en/imprint
 

Data protection officer:

We take the protection of personal data seriously and have appointed an external data protection officer for this purpose. Our data protection officer is MMag. Martin Zeppezauer, Thurnbichlweg 50, A-6353 Going am Wilden Kaiser (www.zepedes.com). You can contact our data protection officer at the following email address: martin@zepedes.com.

 

Why we process certain data and why we are allowed to do so:

Why do we process your data?

The purposes of processing your personal data result from your use of the Zell am See-Kaprun App and the benefits we want to offer you.

We process your data as part of your registration to provide you with your individual access to the Zell am See-Kaprun App, to be able to provide you with individualised information and offers and subsequently to give you the opportunity to take advantage of offers in our region in a simple way via the Zell am See-Kaprun App (e.g. to buy ski tickets, use public transport free of charge and much more). We use data from your Zell am See-Kaprun Guest Card or your Zell am See-Kaprun Summer Card to provide you with the benefits (discounts or free services) when purchasing various services in our app shop to which you are entitled as the holder of the respective guest card. At the same time, as a user of the Zell am See-Kaprun App, you can also use the app to prove your ownership of the guest card (e.g. when passing through a turnstile).

We also use your data to send you push messages with information relevant to you via the app, provided you have consented to this in your app settings. Some of these messages may also come from your accommodation provider. However, your accommodation provider will not receive any information about your data processed in this app.

If you wish so, we will also use your data to inform you regularly by email (via our newsletter) about news from our region or to show content of interest to you on our website, in your Google search and on the social media platforms Facebook, Instagram, YouTube, Pinterest and Twitter.

Sometimes we also offer you the opportunity to take part in competitions by using the app. We may also ask you, for example, to voluntarily share your experiences or your favourite offers in our region with others via social media.

If we decide to offer you other services or benefits after you have registered, we will only use your data for this purpose after we have informed you of this (via push messages and here in this data protection information), and provided that these processing purposes are compatible with the above-mentioned purposes for processing your data, i.e. only for other similar purposes. If we wish to process your data for other, new purposes, we will not do so without your prior consent.
 

What data is involved?

We need to process your data as soon as you access our app in order to be able to provide you with our services from a technical perspective. This involves data that your internet provider transmits to us: the operating system and device type used (e.g. Android/IOS), the date and time of your access and your mobile user ID.

We also need your name and email address for your registration. For the booking and reservation of the services of our partners (hotels, mountain railways or other providers of tourist services in our region), we will ask you for further personal data such as date of birth, age, address, your holiday address, your contact details (e.g. your telephone number for queries), details of the desired services (e.g. goods ordered or services commissioned) and invoice data (such as service period, payment method, invoice date), payment data (e.g. account number, credit card details), depending on the desired service.

In order to be able to offer you individualised information, we analyse your usage behaviour (e.g. what you look at, which services you book or when you want to spend your holiday with us), and also show you relevant information about offers in your immediate vicinity (e.g. restaurants currently open in your area), provided you have activated the GPS function of your mobile phone and have consented to the use of geodata in the Zell am See-Kaprun App. You can book many of these services (e.g. ski tickets, bike hire etc.) directly in your Zell am See-Kaprun App without having to enter your data again.

If you decide to subscribe to our newsletter, we will need your name and email address. In order to constantly improve the content of our newsletter, we also measure how often you open our newsletter or which content you have looked at more closely or which further links you have clicked on.

In connection with our competitions, we may also ask you to share your particular interests in our region with others on a voluntary basis.

We will only process so-called sensitive data (special categories of data within the meaning of Article 9 GDPR), e.g. health data, if you expressly instruct us, for example, to search for suitable services in connection with health restrictions (allergies, food intolerances, disabilities, etc.).
 

On what legal basis do we process your data?

We process the data that you provide to us for and through the use of the Zell am See-Kaprun App on the legal basis of Article 6 (1), letter b GDPR, because this data is necessary for us to fulfil your order. This is the data that you provide to us during registration, during an order, booking or payment process or generally through your usage behaviour in order to be able to display personalised information and offers to you. On the same legal basis, we also process the above-mentioned technically necessary data within the meaning of Section 165 (3), third sentence TKG 2021 (required for the operation of the Zell am See-Kaprun App).

Article 6 (1), letter c GDPR serves as the legal basis if the processing of your data is necessary to fulfil a legal obligation on our part (e.g. accounting obligation, bookkeeping obligation, or other legal documentation obligations).

If the processing is necessary to safeguard a legitimate interest of our company or a third party and your interests, fundamental rights and freedoms do not outweigh our interest. Article 6 (1), letter f GDPR ("legitimate interest") serves as the legal basis for the processing. This is the case, for example, if we reveal your data to a service provider in our region (e.g. bike rental) to the extent necessary to speed up the processing of the service on site and to save you valuable time during your holiday with us. It is also in our legitimate interest to check your entitlement to free use of public transport in our region or your entitlement to other discounted or free services with your guest card in your Zell am See-Kaprun App.

The use of your geodata and the sending of push notifications takes place exclusively based on your consent in accordance with Article 6 (1), letter a GDPR.

The mailing of our newsletter and the display of information and advertisements of interest to you on other services (in your Google search or your use of certain social media platforms) is only carried out based on your consent, which means that in these cases Article 6 (1), letter a GDPR shall apply as the legal basis.

Participation in the competitions we offer, e.g. posting your preferences in our region, is completely voluntary and therefore takes place exclusively on the legal basis of your consent in accordance with Article 6 (1), letter a GDPR.

Further data protection information on our newsletter and remarketing measures (cross-platform advertising) can be found in the privacy policy of our website. We process sensitive data that you may voluntarily provide to us (e.g. health data) exclusively based on your express consent in accordance with Article 9 (2), letter a GDPR. You can withdraw this consent at any time free of charge without affecting the lawfulness of processing based on consent before its withdrawal.

 

Who else besides us receives or sees your data?

We process your data with the help of processors who support us in providing the Zell am See-Kaprun App. These processors are bound by a corresponding agreement with us within the meaning of Article 28 GDPR, thus strictly protecting your data. The processors may not process your data for any purpose other than to provide our services. We use the services of the following processors to provide the Zell am See-Kaprun App:

Your data may be disclosed to companies other than our processors (so-called third parties within the meaning of Article 4 (10) GDPR). This concerns typical business service providers such as banks and other payment service providers, tax consultants or auditors. Your data will only be transmitted to state institutions and authorities within the framework of mandatory national legislation.

Depending on your order (e.g. bookings and purchases, reservations, and enquiries), your data will only be transmitted to our partners (e.g. hotel partners or other tourism service providers) to the extent necessary to fulfil your order. The personal data transmitted varies depending on the service or order.

 

Where is your data processed?

In principle, we process your data within the EU. If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using the services of our processors or third parties, this will only take place if the requirements of Article 44 et seq. GDPR for the transmission to third countries are met: i.e. on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to the EU or in compliance with officially recognised contractual obligations, the so-called "EU standard contractual clauses". If we refer to the EU standard contractual clauses as the legal basis for the transmission of your data, we will also check the permissibility of this data transmission as part of a comprehensive risk assessment. If we come to a negative conclusion, we will not transmit this data to a third country without your express consent in accordance with Article 49 (1), letter a GDPR in conjunction with Article 6 (1), letter a GDPR.

 

For how long do we store your data?

We generally delete your data as soon as the purpose for which we collected your data no longer applies. Data may also be stored if we continue to process the data for a purpose compatible with the original purpose. Data may also be stored if this is provided for by laws, regulations, or other provisions to which our company is subject.

Your registration data will remain stored by us for as long as you use the Zell am See-Kaprun App. We delete data that we process with your consent (e.g. newsletters) as soon as you withdraw your consent. However, based on our legitimate interest pursuant to Article 6 (1), letter f GDPR, we will store proof of your originally granted consent for up to three years. We will store data in connection with the purchase of goods or the booking of services (invoice data) for 7 years.

 

How do we obtain your data?

We generally collect your data ourselves and directly from you, usually via your registration and when you use the Zell am See-Kaprun App. However, it may also happen that we receive your data for registration in the Zell am See-Kaprun App in connection with your legally required guest registration in an accommodation establishment of our region (hotel, apartment building, etc.) via an interface to the guest registration system of your holiday accommodation, so that you do not have to enter your data again when using the Zell am See-Kaprun App. However, this data (salutation, name, email address, booked accommodation and period of stay) will only be transmitted to us if you register in the Zell am See-Kaprun App.

 

How about profiling?

We do not use any automated decision-making or profiling processes that have a legal effect on you or significantly affect you in a similar way. However, we will use your app usage data to get to know your interests better and thus display personalised information of interest to you or provide you with tailored offers. We will only use your GPS data (if the GPS function is activated on your mobile phone) to show you offers of interest to you in your immediate vicinity (e.g. restaurants that are currently open), but will not create any movement profiles for this purpose.

 

How can I exercise my data protection rights?

In principle, you have the right to information, correction, deletion, and restriction of the processing of personal data in accordance with the GDPR. If the legal basis for the processing of your personal data is your consent or a contract concluded with you, you also have the right to data portability. You have the right to withdraw any consent you may have given to the processing of your personal data. This does not affect the lawfulness of the processing of your personal data up to the time of revocation. You have the right to object to the processing of your personal data for the purpose of direct marketing.
If you object, your personal data will no longer be processed for the purpose of direct marketing. A detailed explanation of these rights can be found here in Chapter III.
 

Right to lodge a complaint

If you believe that the processing of your data violates data protection law or your data protection rights have been violated in any other way, you can lodge a complaint with the competent supervisory authority. In Austria, this is the Data Protection Authority (Wickenburggasse 8, 1080 Wien, Email: dsb@dsb.gv.at).

 

Where can I find more information?

Further information on our handling of personal data can be found on our website at: https://www.zellamsee-kaprun.com/en/privacy