DATA PROTECTION POLICY "Competitions and Marketing Measures"
VIENNA INTERNATIONAL HOTELMANAGEMENT AG
- Processing activity
Organisation of competitions and execution of marketing measures for customers
Vienna International Hotelmanagement AG ("VIENNA HOUSE")
Business address: Dresdner Straße 87, 1200 Vienna, Austria
Telephon: +43 1 333 73 73-0
- Purposes of data processing
On the legal basis of fulfilling or preparing the agreement
- Granting an opportunity to participate in the marketing action (competition) as well as fulfilment of the obligations towards the participant/s
- New acquisition and recovery of customers for the sale of products and services of VIENNA HOUSE, as well as newsletter services through the organisation of competitions and execution of other marketing measures
On the legal basis of (overriding) legitimate interests of VIENNA HOUSE: Direct advertisement
- New acquisition and recovery of customers
- Disseminating/playing advertisements for (further) goods and services of VIENNA HOUSE by use of direct advertisement ("marketing purposes") insofar as this is legally permissible
- Participation in activities, events and surveys for the purposes of direct advertisement ("marketing purposes")
- Analysing user conduct and personal preferences of customers for targeted dissemination of advertisement with the goal of avoiding dispersion losses (by using profiling, see Point 9.)
- Changes to purpose (Forwarding)
Direct advertisement: VIENNA HOUSE hereby provides information that it also processes customers' personal data for the purposes of direct advertisement (incl. profiling). VIENNA HOUSE intends to use direct advertisement to aid in the marketing of advertised (proprietary or third-party) products and services. The data will not be passed onto any (non-group-affiliated) third parties for this purpose. There is no incompatibility with the purpose of the original data collection.
- Objecting to processing for the purposes of direct advertisement:
The customer can object to the use of their personal data for direct advertisement (including "profiling") at any time without providing any reasons to the controller. By lodging an objection, VIENNA HOUSE can no longer use the customer's personal detail for these purposes in future.
- Legal basis of data processing
- Participation in competitions: Fulfilment or preparation of the agreement
- Direct advertisement (incl. profiling) and overriding legitimate interests of VIENNA HOUSE (see Point 8.)
- Description of the (overriding) legitimate interests for the purposes of direct advertisement:
VIENNA HOUSE also processes customer data (not special categories of personal data within the meaning of Art. 9 GDPR ("sensitive data")) in order to use said data for the purposes of direct advertisement for (further) products or services of VIENNA HOUSE (see also Point 5.). Data of children shall only be processed with the consent of the parents or guardians. VIENNA HOUSE has a legitimate interest in processing personal data for the purposes of direct advertisement (Recital 47, last section of GDPR). This only involves the processing of customer data in the possession of VIENNA HOUSE as a result of the contractual relationship and for which the retention period still applies. This does not involve an extension to the retention period. The primary goal of data processing is acquiring customers with the objective of bringing them into a (preliminary) contractual relationship and retaining them as customers. VIENNA HOUSE relies on its freedom of running a business protected by convention and constitutional law (Art. 6 StGG (Austrian Constitution)) and freedom of communication (particularly Art. 10 ECHR, which also protects advertising measures), and on those rights
- To send postal advertisement;
- To make advertising calls following consent;
- To send electronic mail following consent;
- To send electronic mail in accordance with Section 107 Para. 3 of the Telecommunication Act (TKG);
• Data processing within the group/companies within the group:
VIENNA HOUSE is part of a corporate group. VIENNA HOUSE also uses other affiliated companies on a collaborative basis to fulfil its extensive obligations. VIENNA HOUSE has a legitimate interest therein (Recital 48 of GDPR). Personal data is only received by parties within the corporate group which require this data to fulfil contractual and statutory obligations as well as to protect legitimate interests. All of these parties are contractually obliged to comply with all requirements under data protection law.
- Analyses of personal aspects of the customer ("profiling")
"Gathering and storing": VIENNA HOUSE stores customer activities (e.g. orders, complaints, etc.) to enable optimal customer care and to ensure relevant and targeted measures can be used to improve satisfaction and customer loyalty, and to adjust the service on an individual basis.
Analysis of personal interests: VIENNA HOUSE stores demand-related behaviour, reactions to offers, and deduces specific personal interests from this in order to prevent dispersion losses (and to minimise data processing operations) within direct advertisement. VIENNA HOUSE uses these analysed interests in order to communicate targeted, interest-specific offers and advertising to customers, in particular for customer loyalty, and thus prevent dispersion loss in advertising.
- Objecting to "profiling"
The customer can object to the use of their personal data for the purposes of profiling at any time without providing any reasons to the controller. By lodging an objection, VIENNA HOUSE can no longer use the customer's personal detail for the purpose of profiling in future.
- Obligation to provide data
Customers are under no obligation to provide data.
- Automated decision-making
The customer is not subject to any automated decision that has a legal effect upon them.
- Types of data processed
Disclosed by customer: First and last name; Address(es); Country; Email address(es); Day and date of birth; Hotel stayed at; Hotel stay data
- External recipients of data
Group companies: A list of current group companies can be found here.
- Transfer to third states
In the course of competitions and other marketing measures, no data are transferred to states outside of the EU in the course of data processing.
- Retention period
All participants: On the legal bases mentioned above, VIENNA HOUSE generally continues to process data for an additional 24 months following the draw/end of the measure in a manner which is personally identifiable, and thereafter erases the data (or at least the data which allows reference to be drawn to the data subject's identity).
Winner/recipient of benefit: On the legal bases mentioned above, VIENNA HOUSE generally continues to process guest data for an additional 30 months following the announcement of the winner or end of the benefit receipt from the marketing measure (= 24 months for potential contractual damage claims + max. 6 months to file suit) in a manner which is personally identifiable, and thereafter erases the data (or at least the data which allows reference to be drawn to the data subject's identity). Personally-identifiable processing of possible invoice data is then performed until the statutory retention obligations have expired (currently generally 7 years).
- Customer rights
- Art. 15 GDPR "Right of access": The customer has the right to obtain confirmation as to whether their personal data is being processed.
- Art. 16 GDPR "Rectification": The customer has the right to have inaccurate or incomplete personal data rectified.
- Art. 17 GDPR "Erasure": The customer has the right to demand the erasure of personal data without undue delay where the grounds stated under Art. 17 Para. 1 GDPR apply.
- Art. 18 GDPR "Restriction": The customer has the right to demand that the processing of personal data is restricted where the grounds stated under Art. 18 Para. 1 GDPR apply.
- Art. 20 GDPR "Data portability": The customer has the right to receive their personal data in a structured, commonly used and machine-readable format.
- Art. 21 GDPR "Object"Objecting to profiling: the customer has the right to lodge an objection at any time to the processing of their personal data for the purposes of profiling.
Objecting to direct advertisement: the customer has the right to lodge an objection at any time to the processing of their personal data for the purposes of direct advertisement.
- Right to lodge a complaint
Art. 77 GDPR
Every customer has the right to lodge a complaint with a supervisory authority if they consider that the processing of personal data relating to them infringes this regulation.
- Supervisory authority
Austrian Data Protection Authority
Wickenburggasse 8-10, 1080 Vienna, Austria
Tel.: +43 1 52 152-0
E-Mail: [email protected]
The Office for Personal Data Protection
Urad pro ochranu osobnich udaju
Pplk. Sochora 27
170 00 Prague 7
Tel.: +420 234 665 111
Fax: +420 234 665 444
E-Mail: [email protected]
Commission Nationale de l'Informatique et des Libertés – CNIL
3 Place de Fontenoy - TSA 80715 – 75334
F-75002 Paris, Cedex 02
Tel.: +33 1 53 73 22 22
Fax: +33 1 53 73 22 00
Bundesbeauftragte für den Datenschutz und die Informationsfreiheit
Tel.: +49 228 997799 0; +49 228 81995 0
Fax: +49 228 997799 550; +49 228 81995 550
E-Mail: [email protected]
The competence for complaints is split among different data protection supervisory authorities in Germany. Competent authorities can be identified according to the list provided under www.datenschutz-wiki.de/Aufsichtsbeh%C3%B6rden_und_Landesdatenschutzbeauftragte
The Bureau of the Inspector General for the Protection of Personal Data – GIODO
ul. Stawki 2
Tel.: +48 22 53 10 440
Fax: +48 22 53 10 441
E-Mail: [email protected] ; [email protected]
The National Supervisory Authority for Personal Data Processing
Opre B-dul Magheru 28-30 Sector 1
E-Mail: [email protected]
Office for Personal Data Protection of the Slovak Republic
Hraničná 12, 820 07
Tel.: + 421 2 32 31 32 14
Fax: + 421 2 32 31 32 34
E-Mail: [email protected]