This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offering and the associated websites, functions and content as well as external online presences, such as our social media profile. (hereinafter jointly referred to as the "Online Offer"). With regard to the terms used, such as "personal data" or their "processing", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
name/company: Marcus Läbe, Schwan & Post Business Quarters
Street Nr.: Hohnstraße 35
zip code, town, country: 97616 Bad Neustadt a.d. Saale, Germany
Phone: +49 09771.17733-0
TYPES OF DATA PROCESSED:
- Contact details (e.g. e-mail, telephone numbers).
- Content data (e.g., text input, photographs, videos).
- usage data (e.g., websites visited, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses).
PROCESSING OF SPECIAL CATEGORIES OF DATA (ART. 9 PAR. 1 GDPR):
- In principle, no special categories of data are processed unless they are supplied by the user for processing, e.g. in online forms.
CATEGORIES OF DATA SUBJECTS INVOLVED IN THE PROCESSING:
- Visitors and users of the online offer.
In the following, we will refer to the persons concerned collectively as "users".
PURPOSE OF PROCESSING:
- Provision of the online offer, its contents and functions.
- Answer contact requests and communicate with users.
- Marketing, advertising and market research.
Last update: August, 1 2019
1. APPLICABLE LEGAL BASIS
In accordance with Art. 13 GDPR we inform you about the legal basis of our data processing. If the legal basis is not mentioned in the privacy statement, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing in order to fulfil our services and carry out contractual measures as well as answer inquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing in order to fulfil our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing in order to safeguard 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 necessitate the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as changes in the data processing we carry out make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.
3. SAFETY MEASURE
3.1. We take appropriate technical and organisational measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the nature, extent, circumstances and purposes of the processing as well as the different probability of occurrence and severity of the risk to the rights and freedoms of natural persons, to ensure a level of protection appropriate to the risk; these measures include in particular safeguarding the confidentiality, integrity and availability of data by controlling the physical access to the data as well as the access to, inputting, passing on, safeguarding the availability and separation of the data concerning them. In addition, we have established procedures to ensure that data subjects' rights are exercised, that data is deleted and that we react to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 GDPR).
3.2. The security measures include in particular the encrypted transmission of data between your browser and our server.
4. COOPERATION WITH PROCESSORS AND THIRD PARTIES
4.1. Insofar as we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transfer them to them or otherwise grant them access to the data, this shall only take place on the basis of legal permission (e.g. if a transfer of the data to third parties, such as payment service providers, pursuant to Art. 6 Para. 1 lit. b GDPR is necessary for the performance of the contract), if you have consented to this, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
4.2. If we commission third parties with the processing of data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 GDPR.
5. 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 if this is done in the context of the use of third-party services or disclosure or transfer of data to third parties, this will only occur if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the data to be processed in a third country only if the special requirements of Art. 44 ff. of the German Data Protection Act are met. GDPR. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognized establishment of a level of data protection equivalent to that of the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognized specific contractual obligations (so-called "standard contractual clauses").
6. RIGHTS OF THE PERSONS CONCERNED
6.1. You have the right to request confirmation as to whether the data in question will be processed and to be informed of this data and to receive further information and a copy of the data in accordance with Art. 15 GDPR.
6.2. In accordance with Art. 16 GDPR, you have the right to request the completion of data concerning you or the correction of incorrect data concerning you.
6.3. Pursuant to Art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, to demand a restriction on the processing of the data pursuant to Art. 18 GDPR.
6.4. You have the right to demand that you receive the relevant data that you have provided to us in accordance with Art. 20 GDPR and demand that it be transferred to other responsible parties.
6.5. Pursuant to Art. 77 GDPR, you also have the right to file a complaint with the competent supervisory authority.
7. RIGHT TO REVOKE
You have the right to revoke consents granted pursuant to Art. 7 (3) GDPR with effect for the future.
8. RIGHT OF OBJECTION
You may object at any time to the future processing of the data concerning you in accordance with Art. 21 GDPR. The objection may in particular be lodged against processing for the purposes of direct marketing.
9. COOKIES AND RIGHT TO OBJECT TO DIRECT ADVERTISING
10. DELETION OF DATA
10.1. The data processed by us will be deleted or restricted in their processing in accordance with Art. 17 and 18 DSGVO. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and there are no legal obligations to retain them. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be stored for reasons of commercial or tax law.
10.2 In accordance with statutory requirements, the documents shall be stored in particular for 6 years in accordance with § 257 Para. 1 HGB (German Commercial Code) (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting records, etc.) and for 10 years in accordance with § 147 Para. 1 AO (German Tax Code) (books, records, management reports, accounting records, commercial and business letters, documents relevant for taxation, etc.).
11. PROVISION OF CONTRACTUAL SERVICES
11.1. We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services pursuant to Art. 6 Para. 1 lit b. GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract.
11.2 The deletion takes place after the expiry of statutory warranty and comparable obligations, the necessity of data retention is reviewed every three years; in the case of statutory archiving obligations, the deletion takes place after their expiry (end of commercial (6 years) and tax (10 years) retention obligation); information in the customer account remain until its deletion.
13.1. When contacting us (via contact form or e-mail), the user's details will be processed in order to process the contact request and its processing in accordance with Art. 6 Para. 1 lit. b) GDPR.
13.2. The user data can be stored in our Customer Relationship Management System ("CRM System") or comparable inquiry organization.
13.3. We will delete the requests if they are no longer necessary. We check the necessity every two years; inquiries from customers who have a customer account are stored permanently and refer to the customer account details for deletion. In the case of statutory archiving obligations, deletion takes place after their expiration (end of commercial (6 years) and tax (10 years) retention obligation).
14.4 COMMENTS AND POSTS
14.1. If users leave comments or other posts, their IP addresses will be used on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. of the German Data Protection Act.GDPR for 7 days.
14.2. This is done for our safety, if someone leaves illegal contents (insults, forbidden political propaganda, etc.) in comments and posts. In this case, we ourselves can be prosecuted for the comment or post and are therefore interested in the author's identity.
15. COLLECTION OF ACCESS DATA AND LOGFILES
15.1. On the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f., we collect GDPR data on each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
15.2. Log file information is stored for a maximum of seven days for security reasons (e.g. to investigate abuse or fraud) and then deleted. Data, the further storage of which is necessary for evidence purposes, are excluded from deletion until the respective incident has been finally clarified.
16. ONLINE PRESENCES IN SOCIAL MEDIA
16.1. On the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f., we maintain the following facilities GDPR online presences within social networks and platforms in order to communicate with customers, interested parties and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.
17. COOKIES & RANGE MEASUREMENT
17.1. Cookies are pieces of information that are transferred from our web server or third party web servers to the user's web browser and stored there for later retrieval. Cookies can be small files or other types of information storage.
17.3. If users do not wish cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. 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.
18. Google Analytics
18.2. Google is certified under the Privacy Shield Agreement, providing a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
18.3. Google will use this information on our behalf to evaluate the use of our online services by users, to compile reports on the activities within this online service and to provide us with other services associated with the use of this online service and the Internet. Pseudonymous user profiles of the users can be created from the processed data.
18.4. We only use Google Analytics with IP anonymization enabled. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there.
Alternatively, you can prevent Google Analytics from collecting your data by clicking on the following link. An opt-out cookie is set to prevent your information from being collected on future visits to this website: deactivate Google Analytics
18.6. For more information about Google's use of data, setting and objection options, please refer to Google's web pages: https://www.google.com/intl/de/policies/privacy/partners ("Use of data by Google when using the websites or apps of our partners"), https://policies.google.com/technologies/ads ( "Use of data for advertising purposes"), https://adssettings.google.com/authenticated ("Manage information Google uses to show you advertising").
18.7. Otherwise, personal data will be anonymized or deleted after 14 months.
19. INTEGRATION OF SERVICES AND CONTENTS OF THIRD PARTIES
19.1. Within the scope of our online offer, we act on the basis of 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. of the German Civil Code). GDPR) content or service offers from third parties in order 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 user, since they would not be able to send the content to their browser without the IP address. The IP address is therefore required for the presentation of these contents. We strive to use only those contents, whose respective offerors use the IP address only for the distribution of the contents. Third parties may 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 may also be stored in cookies on the user's device and may include technical information about the browser and operating system, referring websites, visit times and other information about the use of our website, as well as may be linked to such information from other sources.
19.2. The following presentation provides an overview of third-party providers and their contents, along with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, possible objections (so-called opt-out):
- • Our online presence uses the online booking tool DIRS21 (hereinafter "OBT") of TourOnline AG, Borsigstraße 26, 73249 Wernau, Germany (www.dirs21.de, hereinafter "TOAG") to enable online bookings of accommodation and other travel services and to process enquiries. As part of the OBT, TOAG processes the data as the responsible party. You will find the notes and provisions on data protection in TOAG's data protection statement for OBT, which you can call up at any time from OBT or view under www.dirs21.de/datenschutz.
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