Privacy policy

Last updated: October 6, 2022

Thank you for your interest in the information on our website!

With the help of this privacy policy, we would like to inform the users of our website about the type, scope and purpose of the processing of personal data. Personal data in this context is all information with which you as a user of our website can be personally identified (theoretically, possibly via detours or by linking various data), including your IP address. Information that is stored in cookies is generally not personal or only personal in exceptional cases; however, this is covered by a special regulation that makes the permissibility of the use of cookies largely dependent on the user's active consent, depending on their purpose.

In a general section of this privacy policy, we provide you with information on data protection that generally applies to our processing of data, including the collection of data on our website. In particular, you as the data subject will be informed of the rights to which you are entitled.

The terms used in our privacy policy and our data protection practices are based on the provisions of the EU General Data Protection Regulation ("GDPR") and other relevant national legislation.

Person responsible

Hotel Opernring Betriebsgesellschaft m.b.H.
FN 228656 i
Wipplingerstraße 35/5. OG
1010 Vienna
Austria

E: office@o11-hotel.com
T: +43 1 5875518-0
Data collection on our website

On the one hand, personal data is collected from you if you expressly provide it to us; on the other hand, data, in particular technical data, is collected automatically when you visit our website. Some of this data is collected to ensure that our website functions correctly. Other data may be used for analysis purposes. However, you can generally use our website without having to provide any personal data.

Technologies on our website

Adobe Typekit

Our website uses external "Typekit" fonts from the provider Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland ("Adobe") for the uniform display of fonts.

ATTENTION: In the context of this service, data is transferred to the USA or such a transfer cannot be ruled out.

When you access our website, your browser loads the required fonts directly from Adobe in order to display them correctly on your device. In doing so, your browser establishes a connection to Adobe's servers in the USA. This gives Adobe knowledge that our website has been accessed via your IP address. According to Adobe, no cookies are used to provide the fonts.

The processing of your data is in our interest in a uniform and appealing presentation of our online offer. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.

For more information about Adobe Typekit Web Fonts, please visit: https://www.adobe.com/privacy/policies/typekit.html. You can find Adobe's privacy policy at https://www.adobe.com/privacy/policy.html

Cookies and local storage

We use cookies on our website to make our internet presence more user-friendly and functional. Some cookies remain stored on your end device.

Cookies are small data packets that are exchanged between your browser and the/our web server when you visit our website. They do not cause any damage and are only used to recognize the website visitor. Cookies can only store information that is supplied by your browser, i.e. information that you have entered into the browser yourself or that is available on the website. Cookies cannot execute code and cannot be used to access your end device.

The next time you visit our website with the same device, the information stored in cookies may subsequently be sent back either to us ("first-party cookie") or to a third-party web application to which the cookie belongs ("third-party cookie"). Through the stored and returned information, the respective web application recognizes that you have already accessed and visited the website with the browser of your end device.

Cookies contain the following information:

Cookie name
Name of the server from which the cookie originated
Cookie ID number
A date on which the cookie is automatically deleted

Depending on their intended use and function, we divide cookies into the following categories:

Technically necessary cookies to ensure the technical operation and basic functions of our website. This type of cookie is used, for example, to maintain your settings while you navigate the website; or they can ensure that important information is retained throughout the session (e.g. login, shopping cart).
Statistics cookies to understand how visitors interact with our website by collecting and analyzing information anonymously only. This provides us with valuable insights to optimize both the website and our products and services.
Marketing cookies to set targeted advertising activities for users on our website.
Unclassified cookies are cookies that we are currently trying to classify together with providers of individual cookies.

Depending on the storage period, we also divide cookies into session and persistent cookies. Session cookies store information that is used during your current browser session. These cookies are automatically deleted when you close your browser. No information remains on your end device. Persistent cookies store information between two visits to the website. This information is used to recognize you as a returning visitor on your next visit and the website responds accordingly. The lifespan of a permanent cookie is determined by the provider of the cookie.

The legal basis for the use of technically necessary cookies is based on our legitimate interest in the technically flawless operation and smooth functionality of our website in accordance with Art. 6 para. 1 lit. f GDPR. Our website cannot function properly without these cookies. The use of statistics and marketing cookies requires your consent in accordance with Art. 6 para. 1 lit. a GDPR. You can revoke your consent to the use of cookies at any time for the future in accordance with Art. 7 para. 3 GDPR. Consent is voluntary. If it is not given, there are no disadvantages. Further information about the cookies we actually use (in particular about their purpose and storage duration) can be found in this privacy policy and in the information about the cookies we use in our cookie banner.

You can also set your Internet browser so that the storage of cookies on your device is generally prevented or you are asked each time whether you agree to the setting of cookies. Once cookies have been set, you can delete them at any time. You can find out how all this works in detail in the help function of your browser.

Please note that a general deactivation of cookies may lead to functional restrictions on our website.

We also use local storage functions (also known as "local storage") on our website. This means that data is stored locally in your browser's cache and can continue to exist and be read even after you close the browser - unless you delete the cache or it is session storage.

Third parties cannot access the data stored in local storage. If special plugins or tools use the local storage functions, this is described in the respective plugin or tool.

If you do not want plugins or tools to use local storage functions, you can control this in the settings of your respective browser. We would like to point out that this may result in functional restrictions.

Facebook pixel

Purpose: Marketing
Recipient country: USA

Our website uses the Facebook pixel service of the social network Facebook, which is operated by Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"), for the analysis, optimization and economic operation of our online offering.

ATTENTION: In the context of this service, data is transferred to the USA or such a transfer cannot be ruled out.

With the help of Facebook pixels, it is possible for Facebook to determine the visitors to our website as a target group for the display of ads (so-called "Facebook ads"). Accordingly, we use Facebook pixels to display the Facebook ads placed by us only to those Facebook users who have also shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) that we transmit to Facebook (so-called "custom audiences"). With the help of Facebook pixels, we also want to ensure that our Facebook ads correspond to the potential interest of users and are not annoying. With the help of Facebook pixels, we can also track the effectiveness of Facebook ads for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook ad (so-called "conversion").

Your actions are stored in one or more cookies. These cookies enable Facebook to match your user data (such as IP address, user ID) with the data of your Facebook account. The data collected is anonymous and cannot be viewed by us and can only be used in the context of advertisements. You can prevent the link to your Facebook account by logging out before taking any action.

The processing of your data is based on your consent within the meaning of Art. 6 para. 1 lit. a GDPR. You can revoke this consent at any time with effect for the future.

Further information on how Facebook processes personal data, including the legal bases on which Facebook relies and the options for exercising data subjects' rights vis-à-vis Facebook, can be found in Facebook's data policy at https://de-de.facebook.com/policy.php

To set which types of advertisements are displayed to you within Facebook, you can go to the page set up by Facebook and follow the instructions there on the settings for usage-based advertising: https://www.facebook.com/settings?tab=ads

The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.

General information on the display of Facebook ads can be found at: https://de-de.facebook.com/policy.php

Specific information and details about Facebook Pixel and how it works can be found in the Facebook help section: https://de-de.facebook.com/business/help/651294705016616

Font Awesome

Our website uses so-called web fonts provided by Fonticons, Inc. for the uniform display of fonts and icons.

When you call up a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly. For this purpose, the browser you are using must connect to the Fonticons servers. This gives Fonticons knowledge that our website has been accessed via your IP address.

The use of web fonts is in the interest of a uniform and appealing presentation of our online offers. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.

If your browser does not support web fonts, a standard font will be used by your computer.

You can find more information about Font Awesome at https://fontawesome.com/help and in the privacy policy of Fonticons, Inc: https://fontawesome.com/privacy

Giggle

We use the Giggle booking service on our website. The provider of this service is Giggle GmbH, Jahnstraße 18, A-6020 Innsbruck, Austria ("Giggle"). Giggle enables users to book events and services online via our website.

To use Giggle, your IP address is transmitted to a Giggle server when you access the service. If you make an online booking for an event or service via Giggle on our website, we process your e-mail address, the booked service or event and your related data as well as your first and last name in order to process your request. In individual cases, we also use your telephone number to inform you in particular about relevant information on the booked event or service.

The processing of your data takes place on the basis of the fulfillment of the contract or for the fulfillment of pre-contractual obligations in accordance with Art. 6 para. 1 lit b GDPR. We store your data for the processing of your booking and beyond that within the scope of our statutory retention obligations.

You can find more information about Giggle at https://hotel.giggle.tips/privacy

Google Tag Manager

Our website uses the Google Tag Manager service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google").

ATTENTION: In the context of this service, data is transferred to the USA or such a transfer cannot be ruled out.

When you start the Google Tag Manager, your browser establishes a connection to Google's servers. This informs Google that our website has been accessed via your IP address.

The Tag Manager is a service that allows us to manage website tags via an interface. This allows us to add code snippets such as tracking codes or conversion pixels to websites without interfering with the source code. The Tag Manager only forwards the data, but does not collect or store it. The Tag Manager itself is a cookie-less domain and does not process any personal data, as it is used purely to manage other services in our online offering. The Tag Manager ensures the resolution of other tags, which in turn may collect data. However, the Tag Manager does not access this data. If deactivation has been carried out at domain or cookie level, this remains in place for all tracking tags that are implemented with the Tag Manager.

Here you can find out exactly where Google data centers are located: https://www.google.com/about/datacenters/inside/locations/

Further information on data protection can be found on the following Google websites:

Privacy policy: https://policies.google.com/privacy
FAQ Google Tag Manager: https://www.google.com/intl/de/tagmanager/faq.html
Terms of use Google Tag Manager: https://marketingplatform.google.com/intl/de/about/analytics/tag-manager/use-policy/
Google Ads Data Processing Terms including standard contractual clauses for third country transfers: https://business.safety.google/adsprocessorterms/

Hosting

As part of the hosting of our website, all data to be processed in connection with the operation of our website is stored. This is necessary to enable the operation of the website. We therefore process the data accordingly on the basis of our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR in the optimization of our website offer. To provide our online presence, we use the services of web hosting providers to whom we make the above-mentioned data available as part of order processing in accordance with Art. 28 GDPR.

When you contact us, your data will be used to process the contact request and its handling as part of the fulfillment of pre-contractual rights and obligations pursuant to Art. 6 para. 1 lit. b GDPR. The processing of your data is necessary for processing and answering your request, otherwise we will not be able to answer your request or only to a limited extent. The data may be stored in a customer and prospect database on the basis of our legitimate interest in direct marketing pursuant to Art. 6 para. 1 lit. f GDPR.

We will delete your inquiry and your contact data if your inquiry has been conclusively answered and there are no statutory retention periods to prevent deletion, e.g. in the context of subsequent contract processing. This is usually the case if there has been no further contact with you for three years.

Server log files

For technical reasons, in particular to ensure a functional and secure Internet presence, we process technically necessary data about access to our website in so-called server log files, which your browser automatically transmits to us.

The access data that we process includes

Name of the website accessed
Browser type used incl. version
Operating system used by the visitor
the page previously visited by the visitor (referrer URL)
Time of the server request
Amount of data transferred
Host name of the accessing computer (IP address used)

This data is not assigned to any natural person and is only used for statistical evaluations and for the operation and improvement of our website as well as for the security and optimization of our Internet offer. This data is only transmitted to our website host. This data is not combined or merged with other data sources. If there is any suspicion of unlawful use of our website, we reserve the right to check this data retrospectively. The data processing is based on our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR in the technically error-free presentation and optimization of our website.

The access data is deleted shortly after the purpose has been fulfilled, usually after a few days, unless further storage is required for evidence purposes. Otherwise, the data is stored until the incident has been finally clarified.

SSL encryption

When you visit our website, we use the widely used SSL (Secure Socket Layer) method in conjunction with the highest level of encryption supported by your browser. You can tell whether an individual page of our website is transmitted in encrypted form by the closed display of the key or lock symbol in the status bar of your browser. The use of this procedure is based on our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR in the use of suitable encryption techniques.

We also use suitable technical and organizational security measures in accordance with Art. 32 GDPR to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments and kept up to date with the state of the art.

General information on data protection

The following provisions apply not only to the collection of data on our website, but also to the processing of personal data in general.

Personal data

Personal data is information that can be assigned to you individually. Examples of this include your address, your name and your postal address, e-mail address or telephone number. Information such as the number of users who visit a website is not personal data because it cannot be assigned to an individual person.

Legal basis for the processing of personal data

Unless more specific information is provided in this privacy policy (e.g. for the technologies used), we may process your personal data on the basis of the following legal bases:

Consent pursuant to Art. 6 para. 1 lit. a GDPR - The data subject has given consent to the processing of their personal data for one or more specific purposes.
Performance of a contract and pre-contractual measures pursuant to Art. 6 para. 1 lit. b GDPR - Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps prior to entering into a contract.
Legal obligation pursuant to Art. 6 para. 1 lit. c GDPR - Processing is necessary for compliance with a legal obligation.
Protection of vital interests pursuant to Art. 6 para. 1 lit. d GDPR - Processing is necessary in order to protect the vital interests of the data subject or of another natural person.
Legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR - Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject.

Please note that in addition to the provisions of the GDPR, the national data protection regulations in your or our home country may apply.

Transmission of personal data

Your personal data will not be transferred to third parties for purposes other than those listed in this privacy policy.

We only pass on your personal data to third parties if:

you have given your express consent in accordance with Art. 6 para. 1 lit. a GDPR,
the disclosure pursuant to Art. 6 para. 1 lit. f GDPR is necessary to safeguard legitimate interests and to assert, exercise or defend legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data,
there is a legal obligation for the disclosure pursuant to Art. 6 para. 1 lit. c GDPR and this is permitted by law and / or
it is necessary for the processing of contractual relationships with you in accordance with Art. 6 para. 1 lit. b GDPR.

Cooperation with processors

We carefully select our service providers who process personal data on our behalf. If we commission third parties to process personal data on the basis of an order processing contract, this is done in accordance with Art. 28 GDPR.

Transfer to third countries

If we process data in a third country or if this occurs in the context of the use of third-party services or disclosure or transfer of data to other persons or companies, this will only take place on the basis of the legal bases described above for the transfer of data.

Subject to express consent or contractual necessity, we process or have the data processed in accordance with Art. 44-49 GDPR only in third countries with a level of data protection recognized as adequate or on the basis of special guarantees, such as a contractual obligation through so-called standard contractual clauses of the EU Commission, the existence of certifications or binding internal data protection regulations.

Data transfer to the USA / elimination of the Privacy Shield

We would like to expressly point out that as of July 16, 2020, due to a legal dispute between a private individual and the Irish supervisory authority, the so-called "Privacy Shield", an adequacy decision of the EU Commission pursuant to Art 45 GDPR, with which the USA was confirmed to have an adequate level of data protection under certain circumstances, is no longer valid with immediate effect.

The Privacy Shield is therefore no longer a valid legal basis for the transfer of personal data to the USA!

If we transfer data to the USA at all or if we use a service provider based in the USA, we explicitly refer to this in this privacy policy (see in particular the description of the technologies on our website).

What can the transfer of personal data to the USA mean for you as a user and what are the risks in this context?

Risks for you as a user are in any case the powers of the US intelligence services and the legal situation in the USA, which, according to the ECJ, currently no longer ensure an adequate level of data protection. These include the following points:

Section 702 of the Foreign Intelligence Surveillance Act (FISA) provides no restrictions on the surveillance activities of the intelligence agencies and no safeguards for non-US citizens.
Presidential Policy Directive 28 (PPD-28) does not provide affected persons with effective legal remedies against measures taken by the US authorities and does not provide for any limits to ensure proportionate measures.
the ombudsman provided for in the Privacy Shield does not have sufficient independence from the executive; he cannot issue binding orders to the intelligence services.

Legally compliant transfer of data to the USA on the basis of the standard contractual clauses?

The standard contractual clauses adopted by the Commission in 2010 (2010/87/EU of February 5, 2010), Art. 46 para. 2 c GDPR, are still valid, but a level of protection for personal data must be ensured that corresponds to that in the European Union. Therefore, not only the contractual relationships with our service providers are relevant here, but also the possibility of access to the data by authorities in the USA and the legal system there (legislation and jurisdiction, administrative practice of authorities).

The standard contractual clauses cannot bind authorities in the USA and therefore do not provide adequate protection in cases where the authorities are authorized under US law to interfere with the rights of data subjects without additional action by us and our service provider.

Legally compliant transfer of data to the USA based on your consent?

It is currently disputed whether informed consent and thus a deliberate and knowing restriction of parts of your fundamental right to data protection is legally possible at all.

What measures do we take to ensure that data transfers to the USA are legally compliant?

Where US providers offer the option, we choose to process data on EU servers. This should technically ensure that the data is located within the European Union and cannot be accessed by US authorities.

We are also carefully examining European alternatives to the US tools used. However, this is a process that does not happen overnight, as it also has technical and economic consequences for us. Only if the use of European tools and/or the immediate shutdown of US tools is impossible for us for technical and/or economic reasons will we continue to use US service providers.

We take the following measures for the continued use of US tools:

Where possible, your consent will be requested before using a US tool and you will be informed transparently in advance about how a service works. The risks of transferring data to the USA can be found in this section.

We endeavor to conclude standard contractual clauses with US service providers and demand additional guarantees. In particular, we require the use of technologies that make it impossible to access data, e.g. the use of encryption that cannot be broken by US services or anonymization or pseudonymization of data where only the service provider can make the allocation. At the same time, we require additional information from the service provider if data is actually accessed by third parties or that the service provider exhausts all legal remedies until access to data is granted at all.

Storage period in general

If no explicit storage period is specified when data is collected (e.g. as part of a declaration of consent), we are obliged to delete personal data in accordance with Art. 5 para. 1 lit. e GDPR as soon as the purpose of its processing no longer exists. In this context, we would like to point out that statutory retention obligations to which we are subject constitute a legitimate purpose for the further processing of the personal data collected.

In principle, we store and retain data in personal form until the termination of a business relationship or until the expiry of applicable guarantee, warranty or limitation periods, and beyond that until the termination of any legal disputes in which the data is required as evidence, or in any case until the end of the third year after the last contact with a business partner.

Storage duration in particular

As part of the description of individual technologies on our website, you will find specific information on the storage duration of data. Our cookie table informs you about the storage duration of individual cookies. In addition, you always have the option of asking us directly about the specific storage duration of data. To do so, please use the contact details provided in this privacy policy.

Rights of data subjects

Affected persons have the right:

(i) in accordance with Art. 15 GDPR, to request information about your personal data processed by us. In particular, you can request information about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the origin of your data if it was not collected by us, and the existence of automated decision-making including profiling and, if applicable, meaningful information about its details;
(ii) in accordance with Art. 16 GDPR, to immediately request the correction of incorrect or incomplete personal data stored by us;
(iii) in accordance with Art. 17 GDPR, to request the deletion of your personal data stored by us under certain circumstances, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
(iv) in accordance with Art. 18 GDPR, to demand the (temporary) restriction of the processing of your personal data if the accuracy of the data is disputed by you, the processing is unlawful but you refuse to delete it, we no longer need the data but you need it to assert, exercise or defend legal claims or you have lodged an objection to the processing in accordance with Art. 21 GDPR;
(v) in accordance with Art. 20 GDPR, to receive from us your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transmitted directly to another controller; however, this only covers your personal data that we process with the aid of automated procedures on the basis of your consent or on the basis of a contract;
(vi) pursuant to Art. 21 GDPR, insofar as your personal data is processed on the basis of our legitimate interest, to object to the processing of your personal data, provided that there are reasons for this arising from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right to object, which will be implemented by us without specifying a particular situation;
(vii) in accordance with Art. 7 (3) GDPR, to withdraw your consent once given to us at any time. As a result, we may no longer continue the data processing that was based on this consent in the future. Among other things, you have the option of revoking your consent to the use of cookies on our website with effect for the future by changing our cookie settings call up;
(viii) in accordance with Art. 77 GDPR, to lodge a complaint with a supervisory authority regarding the unlawful processing of your data by us. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters.

The competent supervisory authority for Hotel Opernring Betriebsgesellschaft m.b.H. is:

Austrian Data Protection Authority
Barichgasse 40-42, 1030 Vienna, Austria
Tel.: +43 1 52 152-0, dsb@dsb.gv.at

Assertion of data subject rights

You yourself decide on the use of your personal data. Should you therefore wish to exercise any of your above-mentioned rights against us, you are welcome to contact us by e-mail at office@o11-hotel.com or by post, as well as by telephone.

Please help us to clarify your request by answering questions from our responsible employees regarding the specific processing of your personal data. If there are reasonable doubts about your identity, we may request a copy of your ID.

If you have any questions about data protection, please contact us at office@o11-hotel.com or using the other contact details provided in this privacy policy.

Vienna, October 6, 2022