Privacy Policy

This privacy policy explains the nature, scope, and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the websites, functions, and content associated with it, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as “online offering”). With regard to the terminology used, such as “processing” or “controller,” we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

Controller

Kerschbaumer KG
Badgasse 487
A-8950 Stainach

Telefon: +43-664-2129694
E-Mail:
Website: www.magicsnow.at

Managing Director/Owner: Martin Kerschbaumer
Company Purpose: Skischule
VAT ID: ATU 30109708
Commercial Register Number: 15781h
Commercial Court: LG Leoben

Types of Processed Data:

– Inventory Data (e.g., names, addresses).
– Contact Data (e.g., email, 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 Affected Persons

Visitors and users of the online offer (hereinafter we also refer to the affected persons
collectively as “users”).

Purpose of Processing

– Provision of the online offer, its functions, and content.
– Responding to contact inquiries and communication with users.
– Security measures.
– Reach measurement/marketing.

Terminology Used

“Personal Data” refers to any information relating to an identified or identifiable natural person (hereinafter “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., cookie), or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

“Processing” is any operation or set of operations which is performed on personal data, whether or not by automated means. The term is broad and includes virtually every handling of data.

“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.

“Profiling” refers to 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.

“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” is a natural or legal person, public authority, agency, or another body which processes personal data on behalf of the controller.

Applicable Legal Bases

In accordance with Art. 13 GDPR, we inform you of the legal bases of our data processing
activities. If the legal basis is not mentioned in the privacy policy, the following applies: The legal basis for obtaining consents is Art. 6 Para. 1 lit. a and Art. 7 GDPR, the legal
basis for processing for the performance of our services and the execution of contractual measures as well as answering inquiries is Art. 6 Para. 1 lit. b GDPR, the legal basis for
processing to fulfill our legal obligations is Art. 6 Para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 Para. 1 lit. f GDPR. In the event
that vital interests of the data subject or another natural person require processing of personal data, Art. 6 Para. 1 lit. d GDPR serves as the legal basis.

Security Measures

We take appropriate technical and organizational measures in accordance with Art. 32 GDPR, taking into account the state of the art, the costs of implementation, and the nature, scope, circumstances, and purposes of processing as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, to ensure a level of security appropriate to the risk.

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 them to them, or otherwise grant them access to the data, this is done only on the basis of legal permission (e.g., if a transmission of
data to third parties, such as to payment service providers, is necessary for contract performance according to Art. 6 Para. 1 lit. b GDPR), you have consented, a legal obligation provides for it, or based on our legitimate interests (e.g., when using
agents, web hosts, etc.).

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 this occurs in the context of the use of third-party services or disclosure, or transmission of data to third parties, this is done only if it is to fulfill our (pre)contractual obligations, on the basis of your consent, due to a legal obligation, or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or let the data be processed in a third country only if the special
conditions of Art. 44 et seq. GDPR are met. That is, the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g., for the
USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

Rights of Data Subjects

You have the right to request confirmation as to whether relevant data are being processed and to information about these data as well as further information and a copy of the data in accordance with Art. 15 GDPR. You have accordingly. Art. 16 GDPR the right to request the completion of data concerning you or the correction of incorrect data concerning you. In accordance with Art. 17 GDPR, you have the right to demand that relevant data be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to demand a restriction on the processing of the data. You have the right to demand that the data concerning you, which you have provided to us, be received in accordance with Art. 20 GDPR and to request their transmission to other persons responsible. Furthermore,
according to Art. 77 GDPR, you have the right to file a complaint with the competent supervisory authority.

Right to Withdraw

You have the right to withdraw consents granted per Art. 7 Para. 3 GDPR with effect for the future.

Right to Object

You can object to the future processing of the data concerning you according to Art. 21 GDPR at any time. The objection can be made especially against processing for direct marketing purposes.

Cookies and Right to Object in Direct Marketing

“Cookies” are small files that are stored on users’ computers. Various information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his visit within an online offer. As temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, e.g., the contents of a shopping cart in an online store or a login status can be stored. Cookies are referred to as “permanent” or “persistent” that remain stored even after the browser is closed. Thus, e.g., the login status can be saved if users visit it after several days. Likewise, such a cookie can store the interests of users used for range measurement or marketing purposes. As “Third-Party-Cookie” are cookies that are offered by providers other than the person responsible for operating the online offer (otherwise, if it is only their cookies, this is referred to as “First-Party Cookies”).

We can use temporary and permanent cookies and explain this in our privacy policy.

If users do not want cookies to be stored on their computer, they are asked to disable the corresponding option in the system settings of their browsers. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes can be declared in a variety of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by switching them off in the settings of the browsers. Please note that not all functions of this online offer may be used.

Deletion of Data

The data processed by us are deleted or limited in their processing in accordance with Articles 17 and 18 GDPR. Unless expressly stated in this privacy policy, the data stored by us are deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations. If the data are not deleted because they are required for other and legally permissible purposes, their processing is restricted. That is, the data is locked and not processed for other purposes. This applies, for example, to data that must be kept for commercial or tax reasons.

According to legal requirements in Austria, storage is particularly necessary for 7 years in accordance with § 132 para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement 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, broadcast and television services provided to non-traders in EU Member States and for which the Mini-One-Stop-Shop (MOSS) is used.

Contact Us

When contacting us (e.g. via contact form, e-mail, telephone, or via social media), the user’s details are processed for the handling of the contact request and its processing in accordance with Art. 6 Para. 1 lit. b) GDPR. User information can be stored in a Customer-Relationship-Management System (“CRM System”) or comparable request organization.
We delete the requests if they are no longer required. We review the necessity every two years; Furthermore, the legal archiving obligations apply.

Hosting and Email Sending

The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space, and database services, email sending, security services, and technical maintenance services that we use for the purpose of operating this online offer.

In doing so, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta, and communication data of customers, interested parties, and visitors to this online offer based on our legitimate interests in an efficient and secure provision of this online offer according to Art. 6 Para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of contract processing agreement).

Collection of Access Data and Logfiles

We, or our hosting provider, collects data on each access to the server on which this service is located (so-called server log files) based on our legitimate interests within the meaning of Art. 6 Para. 1 lit. f GDPR. Access data includes the name of the accessed website, file, date and time of access, transferred data volume, report of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address, and the requesting provider.

Logfile information is stored for security reasons (e.g., to investigate abuse or fraud actions) for a maximum of 7 days and then deleted. Data whose further retention is required for evidential purposes are excluded from deletion until the final clarification of the respective incident.

Online Presences in Social Media

We maintain online presences within social networks and platforms to communicate with active customers, prospects, and users and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing policies of their respective operators apply.

Unless otherwise stated in our privacy policy, we process users’ data as long as they communicate with us within social networks and platforms, e.g., write posts on our online presences or send us messages.

Integration of Services and Contents of Third Parties

We use content or service offers from third parties within our online offer based on our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. GDPR) to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).

This always presupposes that the third-party providers of this content perceive the IP address of the users, since they could not send the content to their browsers without the IP address. The IP address is thus necessary for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user’s device and include technical information about the browser and operating system, referring websites, visit time, and other details about the use of our online offer, as well as be linked to such information from other sources.

Vimeo

We can integrate the videos of the platform “Vimeo” offered by Vimeo Inc., Attention: Legal Department, 555 West 18th Street New York, New York 10011, USA. Privacy policy: https://vimeo.com/privacy. We note that Vimeo may use Google Analytics and refer to the privacy policy (https://www.google.com/policies/privacy) and opt-out options for Google Analytics (http://tools.google.com/dlpage/gaoptout?hl=de) or Google’s settings for data use for marketing purposes (https://adssettings.google.com/.).

YouTube

We integrate videos of the platform “YouTube” provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-out: https://adssettings.google.com/authenticated.

Google Fonts

We integrate the fonts (“Google Fonts”) of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-out: https://adssettings.google.com/authenticated.

Google Maps

We integrate the maps of the service “Google Maps” of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The processed data may include, in particular, IP addresses and location data of users, which, however, are not collected without their consent (usually within the settings of their mobile devices). The data can be processed in the USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-out: https://adssettings.google.com/authenticated.

Instagram

Within our online offer, functions and contents of the service Instagram, offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA, can be integrated. This may include content such as images, videos, or texts and buttons with which users can express their favor regarding the contents, subscribe to the authors of the contents or our posts. If the users are members of the platform Instagram, Instagram can assign the call of the above-mentioned contents and functions to the profiles of the users there. Instagram Privacy Policy: http://instagram.com/about/legal/privacy/.