Privacy policy for Fink Apartment Vermietung KG

Privacy Policy

This privacy policy informs you about the nature, scope, and purpose of the processing of personal data (hereinafter referred to as "data") within our online services and the associated websites, functions, and content, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as "online services"). Regarding the terminology used, such as "processing" or "controller," we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

Responsible party:

Fink Apartment Rental KG, Batloggstrasse 16, 6850 Dornbirn, Austria, Email address: office@mfbb.at, Managing Director/Owner: Markus Fink

Link to the legal notice: https://firmen.wko.at/fink-appartment-vermietung-kg-city-apartments-dornbirn/vorarlberg/?firmaid=e58a80bc-6106-4ba9-9f14-4ae6437256ef

Types of processed data - Inventory data (e.g., names, addresses) - Contact data (e.g., email addresses, telephone numbers) - Content data (e.g., text entries, photographs, videos) - Usage data (e.g., websites visited, interest in content, access times) - Meta/communication data (e.g., device information, IP addresses). Categories of data subjects: Visitors and users of the online service (hereinafter, we will refer to the data subjects collectively as "users").

Purpose of processing - Provision of the online service, its functions and content. - Responding to contact requests and communication with users. - Security measures. - Audience measurement/marketing. Definitions: "Personal data" means any information relating to an identified or identifiable natural person (hereinafter referred to as "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 (e.g., a cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. "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. The term is broad and encompasses virtually any handling of data. “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. “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.

The term "controller" refers to 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. "Processor" refers to a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller. Relevant legal bases: In accordance with Article 13 of the GDPR, we inform you of the legal bases for our data processing. Unless otherwise stated in the privacy policy, the following applies: The legal basis for obtaining consent is Article 6(1)(a) and Article 7 of the GDPR; the legal basis for processing data to fulfill our services and implement contractual measures, as well as to respond to inquiries, is Article 6(1)(b) of the GDPR; the legal basis for processing data to comply with our legal obligations is Article 6(1)(c) of the GDPR; and the legal basis for processing data to protect our legitimate interests is Article 6(1)(f) of the GDPR. In cases where the processing of personal data is necessary to protect the vital interests of the data subject or another natural person, Article 6(1)(d) GDPR serves as the legal basis. Security measures.

In accordance with Article 32 of the GDPR, taking into account the state of the art, the costs of implementation, and the nature, scope, context, and purposes of processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, we implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk. These measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as access to, input of, disclosure of, and ensuring the availability and separation of the data. Furthermore, we have established procedures to ensure the exercise of data subject rights, the erasure of data, and the response to data breaches. We also consider the protection of personal data during the development and selection of hardware, software, and processes, in accordance with the principles of data protection by design and by default (Article 25 of the GDPR). Cooperation with processors and third parties: If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this is done only on the basis of a legal permission (e.g., if the transfer of data to third parties, such as payment service providers, is necessary for the performance of a contract pursuant to Art. 6 para. 1 lit. b GDPR), if you have given your consent, if a legal obligation requires it, or on the basis of our legitimate interests (e.g., when using agents, web hosts, etc.).

Cooperation with Processors and Third Parties: If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them, or otherwise grant them access to the data, this is done only on the basis of legal permission (e.g., if the transfer of data to third parties, such as payment service providers, is necessary for the performance of a contract pursuant to Art. 6 para. 1 lit. b GDPR), if you have given your consent, if a legal obligation requires it, or on the basis of our legitimate interests (e.g., when using agents, web hosts, etc.). Data Usage: To make a booking, you must provide your contact details. You only need to fill in the fields marked with an asterisk (specify mandatory fields here), as well as the data relating to the booking (e.g., period of stay). We also store your booking date and time. Any additional information (specify optional fields here) is not mandatory. The data you provide on our website, including any notes, is personal data and will be processed and used by us to ensure the processing of your booking and the provision of the requested service.

We also use your data to provide you with information relevant to your booking or stay. The personal data collected during booking will be forwarded to the following third parties:

Smoobu GmbH – Smoobu.com is software for vacation rental owners. Wönnichstr. 68/70, 10317 Berlin, Germany. Link to Smoobu's privacy policy: https://www.smoobu.com/datenschutz/ 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 if this occurs in the context of using third-party services or disclosing or transferring data to third parties, this will only be done if it is necessary for the performance of our (pre-)contractual obligations, based on your consent, due to a legal obligation, or based on our legitimate interests. Subject to legal or contractual permissions, we will only process or have data processed in a third country if the special requirements of Art. 44 et seq. GDPR are met. This means that processing is carried out, for example, on the basis of special guarantees, such as the officially recognized finding of a level of data protection equivalent to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized specific contractual obligations (so-called “standard contractual clauses”).

Rights of the data subjects:

You have the right to request confirmation as to whether your personal data is being processed and to access this data, as well as further information and a copy of the data, in accordance with Article 15 of the GDPR. In accordance with Article 16 of the GDPR, you have the right to request the completion of incomplete personal data concerning you or the rectification of inaccurate personal data concerning you. In accordance with Article 17 of the GDPR, you have the right to request that your personal data be erased without undue delay, or alternatively, in accordance with Article 18 of the GDPR, to request the restriction of processing of your personal data. You have the right to receive the personal data concerning you that you have provided to us, in accordance with Article 20 of the GDPR, and to request its transmission to another controller. Furthermore, in accordance with Article 77 of the GDPR, you have the right to lodge a complaint with the competent supervisory authority. Right of withdrawal: You have the right to withdraw any consent you have given in accordance with Article 7(3) of the 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 Article 21 of the GDPR. The objection can be made, in particular, against processing for direct marketing purposes. Cookies and the right to object to direct marketing: "Cookies" are small files that are stored on users' computers. Various types of information can be stored within cookies. A cookie primarily serves to store information about a user (or the device on which the cookie is stored) during or even after their visit to an online service. Temporary cookies, also known as "session cookies" or "transient cookies," are cookies that are deleted after a user leaves an online service and closes their browser. Such a cookie might, for example, store the contents of a shopping cart in an online store or a login status. "Permanent" or "persistent" cookies are those that remain stored even after the browser is closed. For example, the login status can be saved so that users remain logged in when they return to the site after several days. Similarly, user interests can be stored in such a cookie for use in audience measurement or marketing. Cookies offered by providers other than the operator of the online service are referred to as "third-party cookies" (otherwise, if they are only the operator's own cookies, they are called "first-party cookies"). We may use temporary and persistent cookies, and we explain this in our privacy policy. If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in their browser's system settings. Stored cookies can be deleted in the browser's system settings. Disabling cookies may lead to functional limitations of this online service. A general objection to the use of cookies for online marketing purposes can be declared for many services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be prevented by disabling them in your browser settings. Please note that this may prevent you from using all the functions of this website. Deletion of Data: The data we process will be deleted or its processing restricted in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated otherwise in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no legal obligations to retain it. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons. In accordance with German legal requirements, records must be retained for 10 years, in particular pursuant to Sections 147 Paragraph 1 AO, 257 Paragraph 1 Numbers 1 and 4, Paragraph 4 HGB (books, records, management reports, accounting documents, ledgers, tax-relevant documents, etc.), and for 6 years pursuant to Section 257 Paragraph 1 Numbers 2 and 3, Paragraph 4 HGB (commercial correspondence). In accordance with Austrian legal requirements, records must be retained for 7 years, in particular pursuant to Section 132 Paragraph 1 BAO (accounting records, receipts/invoices, accounts, vouchers, business papers, statements of income and expenses, etc.), for 22 years in connection with real estate, and for 10 years for documents relating to electronically supplied services, telecommunications, broadcasting, and television services provided to non-business customers in EU member states for which the Mini One-Stop Shop (MOSS) is used.

Business-related processing:

In addition, we process contract data (e.g., subject matter of the contract, term, customer category) and payment data (e.g., bank details, payment history) from our customers, prospective customers and business partners for the purpose of providing contractual services, customer service and support, marketing, advertising and market research. External Payment Service Providers: We use external payment service providers through whose platforms users and we can process payment transactions (e.g., PayPal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full), Stripe (https://stripe.com/de/privacy), Klarna (https://www.klarna.com/de/datenschutz/), Skrill (https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/), Giropay (https://www.giropay.de/rechtliches/datenschutz-agb/), Visa (https://www.visa.de/datenschutz), Mastercard (https://www.mastercard.de/de-de/datenschutz.html)). We use these payment service providers for the performance of contracts based on Article 6(1)(b) GDPR. Furthermore, we use external payment service providers based on our legitimate interests pursuant to Article 6(1)(f) GDPR to offer our users an effective and secure payment option. We offer payment services. The data processed by the payment service providers includes master data such as name and address, bank details such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, amount, and recipient-related information. This information is required to process the transactions. However, the entered data is only processed and stored by the payment service providers. This means we do not receive any account or credit card-related information, but only confirmation or rejection of the payment. The payment service providers may transmit the data to credit agencies for identity and creditworthiness checks. For further information, please refer to the terms and conditions and privacy policies of the payment service providers. The terms and conditions and privacy policies of the respective payment service providers, which can be accessed on their respective websites or transaction applications, apply to the payment transactions. We also refer you to these for further information and to exercise your rights of withdrawal, access, and other data subject rights.

Administration, financial accounting, office organization, contact management:

We process data for administrative tasks, the organization of our business operations, financial accounting, and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process when providing our contractual services. The legal bases for this processing are Article 6(1)(c) and (f) of the GDPR. Customers, prospective customers, business partners, and website visitors are affected by this processing. The purpose of and our legitimate interest in this processing lies in administration, financial accounting, office organization, and data archiving—tasks that serve to maintain our business operations, fulfill our obligations, and provide our services. The deletion of data relating to contractual services and contractual communication is carried out in accordance with the information provided for these processing activities. We disclose or transmit data to the tax authorities, consultants such as tax advisors or auditors, as well as other fee-collecting agencies and payment service providers. Furthermore, based on our legitimate business interests, we store information about suppliers, event organizers, and other business partners, for example, for future contact. We generally store this predominantly business-related data permanently. Contacting Us: When you contact us (e.g., via contact form, email, telephone, or social media), the information you provide will be processed in accordance with Art. 6 Para. 1 lit. b) GDPR for the purpose of processing and handling your inquiry. Your information may be stored in a customer relationship management system ("CRM system") or similar inquiry management system. We delete inquiries when they are no longer needed. Statutory archiving obligations apply. Hosting and Email Delivery: The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email delivery, security services, and technical maintenance services, which we use for the purpose of operating this online service. In this process, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, prospective customers and visitors of this online service on the basis of our legitimate interests in the efficient and secure provision of this online service pursuant to Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).

Google Maps:

We integrate maps from the "Google Maps" service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The data processed may include, in particular, users' IP addresses and location data, which, however, are not collected without their consent (usually obtained through their mobile device settings). The data may be processed in the USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-out: https://adssettings.google.com/authenticated.