We are delighted that you have shown interest in the Austrian Society for Research on Genealogy and Regional History (Österreichische Gesellschaft für Familien- und regionalgeschichtliche Forschung, ÖFR). Data protection is of a particularly high priority for the managing body of ÖFR. The use of the Internet pages of ÖFR is possible without any indication of personal data. However, if a data subject wants to use special services provided by ÖFR via our website oefr.at or its subsite wiki.oefr.at, 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.
As the controller, ÖFR has implemented numerous technical and organisational 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 this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
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) Data subject
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, organisation, 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 analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation 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 organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
g) Controller or Controller responsible 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 within the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of this 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 authorised 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
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:
Österreichische Gesellschaft für Familien- und regionalgeschichtliche Forschung (ÖFR), Dipl.-Ing. Leopold Strenn, 1160 Vienna, Habichergasse 31/19, Austria – -Mail: email@example.com
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, some functions of our website may no longer be entirely usable.
4. Collection of general data and information
The website of ÖFR 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, ÖFR does not draw any conclusions about the data subject. Rather, this information is needed to
(1) deliver the content of our website correctly,
(2) optimise the content of our website as well as any 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, ÖFR analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our Association, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files is stored separately from all personal data provided by a data subject.
5. Registration on our website
Data subjects have the possibility to register on the website of the controller by providing personal data. The type of personal data transmitted to the controller derives from the input mask that is used for registration. The personal data provided by the data subject is used and stored by the controller exclusively for internal processing and for its own purposes. The controller may instigate the transmission of this personal data to one or more processors, for example a parcel service, that may also use the personal data exclusively for internal purposes attributed to the controller.
By registering on the website of the controller, the IP address assigned to the data subject by the Internet Service Provider (ISP), the date and the time of registration are stored. Storage of this data is based on preventing the abuse of our services and on using it to investigate any offences committed, if necessary. In this respect, storage of this data is required to safeguard the controller. This data is in general not transmitted to third parties unless there is a legal obligation for transmission or transmission serves the purpose of criminal prosecution.
Registration by the data subject with the voluntary provision of personal data is required by the controller to offer content and services to the data subject which by their nature can only be supplied to registered users. Registered persons have the opportunity to request at any time that the personal data entered at the time of registration be modified or erased from the controller’s data inventory.
Upon request and at any time, the controller shall provide any data subject with information about the kind of personal data that is stored for this data subject. In addition, the controller shall rectify or erase personal data upon the request or information of the data subject unless this is prevented by legal retention obligations. All persons authorised on behalf of the Association may be contacted to this regard by the data subject.
6. Subscription to our newsletter / blog
The website of ÖFR provides users with the possibility to subscribe to the newsletter / blog of the Association. The type of personal data transmitted to the controller derives from the input mask that is used for subscribing to the newsletter / blog.
By way of its newsletter, ÖFR regularly informs its members and interested parties of ÖFR’s service offerings, news and further interesting information. In general, data subjects can only receive the newsletter if
- the data subject has a valid email address and
- the data subject has registered to receive the newsletter.
For legal reasons, a confirmation email within the context of the double opt in process is sent to the email address that has been provided by the data subject in the course of registration for the newsletter. This confirmation email serves the purpose of verifying whether the owner of the email address is indeed the data subject authorising the receipt of the newsletter.
Upon registration for the newsletter, ÖFR also stores the IP address supplied by the Internet Service Provider (ISP) to the data subject’s computer system used at the time of registration, as well as the date and time of registration itself. Collecting this data is necessary to be able to trace any (possible) abuse of the email address of the data subject at a later point in time and therefore serves the purpose of legally safeguarding the controller.
The personal data collected in the course of registering for the newsletter is used exclusively for the sending of our newsletter / blog. In addition, it may be used to inform subscribers of the newsletter / blog by email should such information be necessary for the operations of the newsletter services or for a corresponding registration, which could be the case if the newsletter offerings or technical aspects were changed. No personal data collected within the context of the newsletter services will be transmitted to third parties. Data subjects can cancel their subscriptions of our newsletter at any time. Consent to the storing of personal data which has been granted by the data subject for the purpose of receiving the newsletter can be revoked at any time. Each newsletter contains a corresponding link for the purpose of revoking consent. In addition, data subjects can inform the controller thereof in other ways.
7. Newsletter tracking
The ÖFR newsletter contains so-called tracking pixels. Tracking pixels are miniature graphics embedded in emails in HTML format and are used to allow for recording in and analysing of log files. In this way, it is possible to evaluate the success or failure of the newsletter. Based on the embedded tracking pixel, ÖFR can analyse if and when a data subject opened an email message and which of the links contained in the email message he or she clicked.
The personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the controller to optimise the sending of the newsletter and to target the content of future newsletters even closer to the interests of the data subjects. This personal data is not transmitted to third parties. Data subjects may at any time revoke the declarations of consent they have provided in the course of the double opt in process. Upon revocation, this personal data will be erased by the controller. ÖFR shall automatically interpret the action of unsubscribing from the receipt of the newsletter as a revocation of consent.
8. Contact options via the website
The website of ÖFR contains information that enables a quick electronic contact to our Association, as well as direct communication with us, which also includes a general address for electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller is stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
9. Commenting functionality on the blog of the website
ÖFR provides its users with the possibility to leave individual comments for blog articles of its blog, which is incorporated into the website of the controller. A blog is a portal that is managed on a website and is usually publicly accessible, where one or several persons who are called bloggers or web bloggers can post articles or write down ideas in so-called blog posts. These blog posts can usually be commented by third parties.
Whenever a data subject is writing a comment on the blog published on this website, information on the date and time the comment has been entered as well as on the user name (pseudonym) chosen by the data subject are stored and published in addition to the comment itself. Furthermore, the IP address assigned to the data subject by the Internet Service Provider (ISP) is logged. The IP address is stored for safety reasons and to cover situations where the data subject would infringe the rights of third parties or post illegal content in the comment he or she enters. This personal data is therefore stored in the interest of the controller to allow him or her to exonerate himself or herself in the event of any legal infringements. The personal data collected in this manner is not transmitted to third parties unless such transmission is legally required or necessary for the legal defence of the controller.
10. Subscription to comments on the blog of the website
Third parties can generally subscribe to the comments entered on the blog of ÖFR. It is in particular possible for any commentator to subscribe to any subsequent comments regarding a particular blog article he or she has commented on.
If a data subject chooses the option to subscribe to comments, the controller will send an automatic confirmation email to verify by way of a double opt in process whether the owner of the indicated email address is indeed the data subject who has chosen this option. The option of subscribing to comments can be stopped at any time.
11. Routine erasure and blocking of personal data
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 is routinely blocked or erased in accordance with legal requirements.
12. 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 is being processed. If a data subject wishes to avail himself or herself of this right of confirmation, he or she may, at any time, contact any person responsible at the controller.
b) Right of access
Each data subject shall have the right granted by the European legislator 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 European directives and regulations grant the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where personal data is not collected from the data subject, any available information as to its source;
- Furthermore, the data subject shall have a right to obtain information as to whether personal data is transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself or herself of this right of access, he or she may, at any time, contact any person responsible at the controller.
c) Right to rectification
Each data subject shall have the right granted by the European legislator 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.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any person responsible at the controller.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator 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 is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of GDPR, or point (a) of Article 9(2) of 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 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 GDPR.
- The personal data has 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 has been collected in relation to the offer of information society services referred to in Article 8(1) of GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by ÖFR, he or she may, at any time, contact any person responsible at the controller. A person responsible at ÖFR shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. A person responsible at ÖFR will arrange for the necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- 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 its use.
- The controller no longer needs the personal data for the purposes of the processing, but it is required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by ÖFR, he or she may at any time contact any person responsible at the controller. The person responsible at ÖFR will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator, 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 this data to another controller without hindrance from the controller to which the personal data has been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of GDPR or point (a) of Article 9(2) of GDPR, or on a contract pursuant to point (b) of Article 6(1) of 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 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.
In order to assert the right to data portability, the data subject may at any time contact any person responsible at ÖFR.
g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to the processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of GDPR. This also applies to profiling based on these provisions.
ÖFR shall no longer process the personal data in the event of the objection, unless ÖFR 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 defence of legal claims.
If ÖFR processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the 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 ÖFR to the processing for direct marketing purposes, ÖFR 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 the processing of personal data concerning him or her by ÖFR for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of 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 contact any person responsible at ÖFR. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
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
- is not necessary for entering into, or the performance of, a contract between the data subject and a data controller, or
- 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
- is not based on the data subject’s explicit consent.
If the decision
- is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or
- it is based on the data subject’s explicit consent, ÖFR shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any person authorised at ÖFR.
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to the processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact any person authorised at ÖFR.
13. Data protection in the course of applying for membership with ÖFR and the membership authorisation process of ÖFR
The controller collects and processes the personal data of data subjects applying for membership in connection with processing the membership application. Processing can also occur electronically. This would be the case in particular if a data subject applying for membership transmits the respective application documentation electronically to the controller, for example by email or via a web form implemented on the website of ÖFR. If ÖFR accepts the application for membership, the transmitted data is stored for the purpose of processing membership within the statutory limits. If ÖFR declines the application for membership, the application documentation is erased within a period of two months following the information of the data subject that membership has been declined, unless no other legitimate interests of the controller prevent such erasure.
14. Legal basis for processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which ÖFR obtains 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. If ÖFR is subject to a legal obligation by which processing of personal data is required, such as for the fulfilment 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 at one of our events and his name, age, 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 above-mentioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our Association 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. The legislator considered that a legitimate interest could be assumed.
15. Legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR, ÖFR’s legitimate interest is to carry out its business in favour of the well-being of all our members.
16. Period for which personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.
17. 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 Association 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 person responsible at ÖFR. The person responsible at ÖFR 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.
18. Existence of automated decision-making
As a responsible Association, we do not use automatic decision-making or profiling.