Information on the processing of personal data
Pursuant to Articles 13 and 14 of the General Data Protection Regulation (EU) 2016/679 (or GDPR) and in general in accordance with applicable national and European data protection regulations and standards, the company Falk Tours & Partner GmbH provides the following information on the processing of personal data.
We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Falk Tours & Partner GmbH. The use of the Internet pages of the Falk Tours & Partner GmbH is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject. The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Falk Tours & Partner GmbH. By means of this data protection declaration, our enterprise would like to inform the public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled. As the controller, the Falk Tours & Partner GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For these reasons, every data subject has the free choice to use alternative channels for the transmission of personal data.
The data protection declaration of the Falk Tours & Partner GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“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) Interested person
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, 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 processing in the future.
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 analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
Pseudonymization is 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 organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller for the processing
Controller or controller responsible for the 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 nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the controller - Joint controllers
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Falk Tours & Partner GmbH
I-39040 Vahrn/Brixen, Italien
Website: www. falktours.com
With this information note we wish to inform visitors to our website that on certain occasions for the performance of services requested as well as for the fulfilment of existing contractual obligations, the company Falk Tours & Partner GmbH is co-owner of the treatment. By clicking on this link, you will be able to access the text of co-ownership as provided by art. 26 of the GDPR.
3. Data Protection officer
In compliance with the provisions of art. 37 et seq. of the GDPR, we inform you that the company Falk Tours & Partner GmbH has appointed a data protection officer who can be contacted at the following addresses to obtain information regarding the processing of your personal data:
39031 Brunico – Italia
4. Purpose of the treatment
The data provided are processed for the following purposes:
a. for the fulfilment of legal obligations
5. Legal basis of the treatment and compulsoriness of the conferment
b. for the performance of contractual obligations
c. in order to be able to make the information requested available to you and provide the agreed services
d. for the examination of the efficiency of the system
e. if the person concerned gives his or her consent, for the implementation of marketing activities such as the sending of commercial information, advertising material and market research
f. to protect obligations (e.g. payments)
g. for the detection of the degree of satisfaction with the quality of the products and services offered
h. if the data subject gives his consent, by carrying out automated procedures to analyze his consumer preferences, habits and/or decisions in order to be able to offer him/her products or services tailored to your interests (profiling).
Under the GDPR, treatment is permissible only if and to the extent that certain conditions are met. In the specific case, the legal basis for the treatment is recognized:
- art. 6 paragraph 1. letter a) for non-contractual services
- art. 6 paragraph 1. letter b) for the contractual obligations to which the interested party is a party but also for the pre-contractual part adopted at the express request of the interested party
- art. 6 paragraph 1. letter c) for the fulfilment of legal obligations
- The processing of personal data based on Article 6 letter f) of the GDPR is our legitimate interest to conduct our business in favor of our interests as well as those of our employees and shareholders.
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for 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 party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
6. Collection of general data and information
The website of the Falk Tours & Partner GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the Falk Tours & Partner GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Falk Tours & Partner GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
7. Data Disclosure
We do not share the information you provide to us, including personal information, with third parties, except where we do so:
- Contributing to the processing (access the explanatory text)
- You must involve a third party provider to perform a contract with you in order to simplify or improve our services (for example, if we charge costs or credits to you in relation to services on the platforms);
- We use analysts and search engines to support the improvement and optimization of our platforms;
- We may distribute parts of our platforms through APIs or widgets to be displayed on our business partners' websites. In such cases, some of your public profile information may be displayed on these sites.
We may associate information about you, including personal data and cookie information that we send and receive from our business partners, in accordance with applicable laws and, if necessary, with your consent. We may use this information and combined information for the above purposes.
8. Possible transmission of user information
We may need to submit your data to service providers in non-European countries (EEA). The EEA consists of countries of the European Union and Switzerland, Iceland, Liechtenstein and Norway, which are considered to be countries with equivalent data protection and privacy laws.
This type of data transfer may occur if our servers (that is, where we store data) or our suppliers and service providers are located outside the EEA or if you use our products and services during your stay in countries outside the EEA from this area.
9. Period for which the personal data will be stored
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
With reference to the purposes of the processing provided for in the previous points:
- the data of the interested party will be kept for the entire duration of the contractual relationship, and after its termination, only to the extent that the data are necessary for the termination of contractual obligations undertaken and for the execution of any legal measures, as well as for protection requirements of a contractual nature related or consequent to the contract;
- the processing of the data will end at the latest - i.e. if the data subject does not revoke the consent in advance - at the time of termination of the contractual relationship;
- data processing may continue until consent is revoked, but in any case, no later than two years after termination of the contractual relationship or renewal of consent.
10. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
11. Rights of the data subject
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed.
b) Right of access
Each data subject shall have the right to obtain from the controller free information about his or her personal data stored at any time and a copy of this information.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
c) Right to rectification
Each data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground 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 unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
In the event that the personal data of the data subject has been made public by Falk Tours & Partner GmbH and our company is the data controller within the meaning of Art. 17 para. 1 of the GDPR and is therefore obliged to delete the data processed, Falk Tours & Partner GmbH in view of the technology available and the cost of implementing appropriate measures, including technical measures, undertakes to inform other data controllers involved about the request for deletion of personal data received from the data subject as well.
e) Right of restriction of processing
Each data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
f) Right to data portability
- 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, and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Each data subject shall have the right, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
g) Right to object
Each data subject shall have the right to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The Falk Tours & Partner GmbH 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 establishment, exercise or defense of legal claims.
If the Falk Tours & Partner GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Falk Tours & Partner GmbH to the processing for direct marketing purposes, the Falk Tours & Partner GmbH 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 by the Falk Tours & Partner GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may directly contact the data controller or the data protection officer in charge as described above.
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.
i) Right to withdraw data protection consent
Each data subject shall have the right granted to withdraw his or her consent to processing of his or her personal data at any time.
12. Subscription to our newsletters
On the website of the Falk Tours & Partner GmbH, users are given the opportunity to subscribe to our enterprise's newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller. The Falk Tours & Partner GmbH informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise's newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter. During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.
13. Contact possibility via the website
The website of the Falk Tours & Partner GmbH contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
14. Data protection in case of applications and recruitment processes
The data controller collects and processes personal data from job applications in order to process the application and selection process. Processing may also be done electronically. This applies in particular if an applicant submits application documents to the data controller by electronic means, such as e-mail or a web contact form available on the data controller's website. If the data controller concludes an employment contract with an applicant, the data transmitted will be stored for the purposes of the employment relationship in accordance with the law. If, on the other hand, the data controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after the rejection decision is announced, unless the deletion does not preclude other legitimate interests of the data controller. Another legitimate interest in this respect may, for example, be the burden of proof in a procedure under the General Equal Treatment Act.
as well as https://support.google.com/analytics/answer/1008015?hl=en
. The website uses Google Analytics with IP-Masking in order to ensure that IP addresses are collected anonymously. We would like to point out that we use Google Analytics to evaluate and analyze AdWords data for statistical purposes and Double-Click-Cookie. If you do not like this setting, you can deactivate it at any time by visiting https://adssettings.google.com/?hl=en
Date of update: 30.06.2020