2. THE GROUP
NÖKU group companies are all focused on delivering optimal customer service. To this end, the companies all have access to a joint database. In this respect, the group companies are “joint controllers” within the meaning of art. 26 GDPR. Data is communicated within the group of companies and used by members of the group of companies is based on the group’s legitimate interest in the use of this data to analyse and improve customer satisfaction and for marketing purposes.
NÖKU has prepared and implemented binding internal data protection policies for all group companies. All employees of group companies have been placed under an obligation to comply with these internal data protection policies so as to guarantee the protection of your personal data and your rights under the GDPR.
The joint controllers are listed in point 14.
3. TYPES OF DATA
We store the following personal data for the purposes of the performance of contracts and communication of information:
TITLE, ACADEMIC TITLE, NAME, DATE OF BIRTH, POSTAL ADDRESS, TELEPHONE NUMBER, E-MAIL ADDRESS, INTERESTS, RESERVATIONS and PURCHASES of cultural products, IP ADDRESSES when visiting our webshop.
We do not store any credit card information, Maestro card numbers or similar numbers for the processing of electronic payments, as these services are provided by an external financial services provider. Data processing agreements have been concluded with this provider.
We use the data that you provide for the performance of contracts (e.g. subscription orders) or to carry out pre-contractual activities. We cannot conclude the contract with you without this data. If you do not provide us your contact details (e.g. telephone number) we cannot inform you if there are changes or cancellations of events or exhibitions which only become known to us at short notice.
4. CATEGORIES OF RECIPIENT
We pass data on to the following categories of recipients (who are on contracts with us) in the context of our performance of contracts and for marketing purposes:
- External processors: e.g. printers, postal service providers, merchandising suppliers;
- Public authorities: e.g. the taxation department, auditors, tax courts;
- Legal representatives: e.g. lawyers, shareholders.
Your data is only used by NÖKU group companies and their external processors and never provided to any third parties.
5. CUSTOMER PROFILES
We process our customers’ interests (e.g. classical music, dance etc.) in order to provide these groups with targeted information, creating a customer profile. We are not of the view that this is profiling as it does not involve fully-automated decision-making giving rise to legal consequences (e.g. rejection of an order) and does have any similar significant effects (e.g. personalised prices).
6. PURPOSE OF USE
The NÖKU group of companies organises cultural events (e.g. theatre performances, exhibitions and festivals). We engage in various types of marketing activities in order to guarantee optimal customer support and to inform our customers about our cultural programmes.
a. performance of contracts
Customers are able to make ticket reservations and purchases and buy subscriptions and merchandise. We are also happy to answer questions regarding our cultural programme.
Data is stored for 7 years starting with the end of the year in which the sale was made and recorded in our accounts (statutory archiving period). To the extent that the data is necessary for official proceedings, the they will be stored for the duration of the proceedings.
b. communication of information by post
In order to keep our customers informed of events, exhibitions and current offerings, we send out various annual programmes, brochures, flyers etc.
We store data in this regard for three years following the last contact.
Recipients are able to object to this data use at any time. Please contact us at the address set out under point 12.
c. communication of information by e-mail
You can subscribe to our newsletter via our website. To do this, we need your e-mail address and your consent to receive our newsletter.
When we receive your registration for the newsletter, we will send you a confirmation e-mail with a link to confirm your registration.
We store data in this regard for three years following the last contact.
You can unsubscribe from the newsletter at any time by clicking on the link located at the bottom of every newsletter. Alternatively, you can contact us at the address set out under point 12.
If you revoke your consent, you will no longer receive our newsletter. The data is only processed to document your consent and any processing that has been carried out.
d. making contact by telephone
We will only contact you via the telephone in the context of an existing contractual relationship with you, for example to inform you regarding changes or cancellations of events or to carry out customer satisfaction surveys.
e. contact us
i. enquiries regarding our events, exhibitions and other offerings
When you contact us using the website form or by e-mail, your data will be stored for the duration of your relationship with us as a customer in order to process the enquiry (e.g. seat requests) and in case there are any follow-up questions or any other conversations.
ii. other enquiries sent to us by web form or by e-mail (e.g. data protection enquiries):
In other cases your data will be stored with us for a period of 1 year to the extent that a longer storage period is not required.
7. LEGAL BASES
Ticket sales, ticket reservations, customer service conversations regarding our programme: The legal basis for this processing and contractual performance, preparation of a contract and the applicable laws (storage periods, duties of compensation.
The sharing of data within the NÖKU group is based on the legitimate interest of sharing information within a corporate group for analysis of and increasing customer satisfaction and marketing purposes. You have the right to object to this processing.
Data processing for marketing purposes (sending communications) is carried out on the basis of a legitimate interest; you have a right to object to this processing.
We will stop using data for marketing purposes following such an objection.
When we send information by e-mail, this is done on the basis of the recipient’s consent. You can revoke your consent at any time via e-mail (firstname.lastname@example.org) or any other mode of communication. If your consent is revoked, the data will no longer be processed for the purposes for which they were being processed. Cookies are used on the basis of the user’s consent (the consent button on the website). The consent can be revoked by changing the cookie settings in your browser. No more cookies will be used when the user accesses the site using that browser.
8. OUR WEBSITE’S FUNCTIONS
After a purchase process is cancelled, the shopping basket data will be stored for no longer than one hour.
Our website uses so-called cookies. These are small text files which are stored on your device. They do not cause any damage.
If you wish, you can configure your browser such that you will be informed whenever a cookie is going to be placed and have to allow each cookie.
If you disable cookies, it may limit our website's functions.
c. web analysis (google analytics)
You can prevent this by changing your browser’s settings to block cookies.
We have a suitable written data processing agreement with this provider.
The provider is headquartered in the USA. The transmission of data to the web analysis provider is based on the Privacy Shield framework pursuant to art. 45 GDPR, as well as the data processing agreement.
This data processing is carried out based on user consent (via the settings entered in the web browser and a request displayed the first time the site is accessed), as well as our legitimate interests (product and website improvement).
User data is stored for a period of 6 months.
d. third party embedded apps
We make use of social media network social plug-ins (“plug-ins”) which are directly identified as being from the individual providers. When a user accesses a function of our website containing a plug-in, the user’s browser will establish a direct connection with the provider’s servers. The content of the plug-in is transmitted by the provider directly to the browser and integrated into the display of the website by the browser. The user data processed in this context can be used to create usage profiles regarding the website user in question. We do not have any influence over the scope of the data collected by the provider using such plug-ins or how they are processed. We keep our users informed of the details of which we are aware.
Due to the integration of the plug-in, the provider is informed when a user opens a website where the plug-in is displayed. If the user is logged in on the social network itself during this process, the social network can register the visit to the user’s account. The interaction with the plug-in sends information to the social network which the social network processes. If a website user is not a member of the social network, the IP address will still be sent to the provider and processed by the provider. This is done for the social network provider’s own purposes.
Our website features a social wall which allows publicly visible posts from social network users to be displayed. The content in question is third party content from the social networks.
We also include other third-party and content on our website, e.g. Tripadvisor, weather information and maps from Google Maps. These third-party providers process our website users’ IP addresses in order to display the content in the user’s browser. We always try to only show content which from providers who only use the user’s IP address for the purposes of displaying the content. It is, however, impossible for us to verify whether providers also use the IP addresses for other purposes.
Users should consult the social network provider or third party for information regarding the purpose and scope of data collection and the processing and use of data by the social networks through plug-ins, social walls and third-party content, as well as their user rights in this regard, user settings and privacy protection information.
Members of a social network who do not want their social network data to be processed should log out from the social network before using the website and delete any cookies placed on their device by the social network. Users can find information about the processing of their data by consulting the social network in question.
Our website merely displays the plug-ins, social wall and other third-party content. We cannot accept any liability for the content of these plug-ins. We are not responsible for this content and do not check it before it is displayed. If third party rights are being infringed on, we will comply with any valid requests for deletion once we have duly assessed them.
9. OBLIGATION TO PROVIDE DATA
There is no contractual, statutory or other obligation to provide data for advertising purposes. However, this data is required in order for us to carry out our advertising activities properly.
There is no contractual, statutory or other obligation to provide data for the purpose of performing the contract. However, this data is required in order for us to properly perform the contract.
If you do not provide us your contact details (e.g. telephone number) we cannot inform you if there are changes or cancellations of events or exhibitions which only become known to us at short notice.
10. DATA PORTABILITY
There is no right to data portability.
11. DATA SUBJECT RIGHTS
Data subjects have general statutory rights to information, correction, deletion, restriction of processing and objection to processing.
Please contact us at the address set out under point 12 in order to exercise any of your rights.
If you believe that your personal data is being processed in breach of data protection law or that your data protection rights are not being protected in any way, you are free to file a complaint with the Austrian Data Protection Authority.
12. HOW TO CONTACT US WITH QUESTIONS REGARDING YOUR PERSONAL INFORMATION
NÖ Kulturlandeshauptstadt St. Pölten GmbH
Ludwig-Stöhr-Straße 7, A-3100 St. Pölten
Fax 02742/ 90 80 40 279
13. YOU CAN ALSO CONTACT OUR DATA PROTECTION OFFICER WITH ANY GENERAL PRIVACY-RELATED QUESTIONS
NÖ Kulturwirtschaft GesmbH
Neue Herrengasse 10, 3100 St. Pölten
Fax 02742 / 90 80 41
14. LIST OF JOINT CONTROLLERS:
NÖ Kulturwirtschaft GesmbH.
Contact: e-mail email@example.com Fax 02742/90 80 41
Associated cultural brands: Niederösterreich Kultur Karten
Niederösterreichische Kulturszene Betriebs GmbH
Contact: e-mail firstname.lastname@example.org Fax 02742/90 80 81 or email@example.com Fax 02742/90 80 51
Associated cultural brands: Festspielhaus St. Pölten, Bühne im Hof
Landestheater Niederösterreich Betriebs GmbH
Contact: e-mail firstname.lastname@example.org Fax 02742/90 80 60 660
Associated cultural brands: Landestheater Niederösterreich
Grafenegg Kulturbetriebs GmbH
Contact: e-mail email@example.com Fax 02742/90 80 71
Associated cultural brands: Grafenegg Festival, Sommerkonzerte Grafenegg, Grafenegger Advent, Campus Grafenegg, Schlossklänge Grafenegg
Niederösterreichische Tonkünstler Betriebs GmbH
Contact: e-mail firstname.lastname@example.org Fax 02742/90 80 71
Associated cultural brands: Tonkünstler Orchester Niederösterreich
KÖ Festival und Kino GmbH
Contact: e-mail email@example.com Fax 02732/90 80 31
Associated cultural brands: Donaufestival, Glatt & Verkehrt, Imago Dei, Literaturhaus Europa, Europäische Literaturtage, Kino im Kesselhaus, Klangraum Krems
Theater Baden Betriebs GmbH
Contact: e-mail firstname.lastname@example.org Fax 02252/25 32 53 222
Associated cultural brands: Stadttheater Baden, Sommerarena Baden
Wachau Kultur Melk GmbH
Contact: e-mail email@example.com Fax 02752/540 60 533
Associated cultural brands: Internationale Barocktage Stift Melk, Tischlerei Melk, Wachau in Echtzeit, Sommerspiele Melk
Archäologischer Kulturpark Niederösterreich Betriebs GmbH
Contact: e-mail firstname.lastname@example.org Fax 02163/33 77 5
Associated cultural brands: Römerstadt Carnuntum, Museum Carnuntinum Bad Deutsch-Altenburg
Kunstmeile Krems Betriebsges.m.b.H.
Contact: e-mail email@example.com Fax 02732/90 80 11
Associated cultural brands: Kunsthalle Krems, Karikaturmuseum Krems, Landesgalerie Niederösterreich, forum frohner, AIR
MAMUZ Museumszentrum Betriebs GmbH
Contact: e-mail firstname.lastname@example.org Fax 02572/20719 20
Associated cultural brands: MAMUZ Museum Mistelbach, MAMUZ Schloss Asparn, nitsch museum
Niederösterreichische Museum Betriebsges.m.b.H.
Contact: e-mail email@example.com Fax 02742/90 80 99
Associated cultural brands: Museum Niederösterreich, Artothek Niederösterreich, museum gugging, Kunstraum Niederösterreich, Egon Schiele Museum
Schallaburg Kulturbetriebs GmbH
Contact: e-mail firstname.lastname@example.org Fax 02754/63 17 611
Associated cultural brands: Schallaburg, Niederösterreichische Landesausstellung
NÖ Kulturlandeshauptstadt St. Pölten GmbH
Contact: e-mail email@example.com Fax 02742/ 90 80 40 279
Associated cultural brands: Tangente St. Pölten, KinderKunstLabor