This data protection declaration informs you about the kind and the extent and the purpose of the processing of person-related data (subsequently short „data“) within our online offerings and the related website, functions and contents, as well as external online presences, such as for example our social media profile (subsequently collectively called „online offering“). With regard to the used terminology, such as for example „processing“ or „responsible person“, we are referring to the definition from article 4 of the General Data Protection Regulation (GDPR).
Hans Merkl Gastronomie GmbH
Auf den Schrederwiesen 3
Types of processed data:
– Inventory data (e.g. names, addresses).
– Contact data (e.g. E-mail, telephone number).
– Content data (e.g. text input, pictures, videos).
– Usage data (e.g. websites visited, interest in contents, access times).
– Meta and communication data (e.g. device information, IP addresses).
Categories of parties concerned
Visitors and users of the online offering (subsequently we will call such people concerned collectively also as „users“).
Purpose of the processing
– Providing of online offering, its functions and contents.
– Response to contact requests and communication with users.
– Safety precautions.
„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.
„Processing“ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The term goes far and covers practically all handling of data.
„Pseudonymization“ means 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“ 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 analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
„Controller“ means 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“ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Standard Legal Basis
Accroding to article 13 of the GDPR we are informing you of the legal basis of our data processing. Provided that the legal basis is not mentioned in the data protection declaration, the following applies: the legal basis for obtaining consent is article 6 paragraph 1 lit. a and article 7 GDPR, the legal basis for the processing for the fulfillment of our services and conduct of contractual measures as well as responses to requests is article 6 paragraph 1 lit. b GDPR, the legal basis for the processing of our legal obligations is article 6 paragraph 1 lit. c GDPR, and the legal basis for the processing used to warn authorized interests is article 6 paragraph 1 lit. f GDPR. In the case that vital interests of people concerned or other individuals should make the processing of person-related data necessary, applies article 6 paragraph 1 lit. d GDPR as legal basis.
We take appropriate technical measures in accordance with Article 32 of the GDPR, taking into account the state of the art, implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the likelihood and severity of risk to the rights and freedoms of natural persons and organizational measures to ensure a level of protection appropriate to the risk.
In particular, measures include ensuring the confidentiality, integrity and accessibility of data by controlling physical access to the data, as well as online access, input, disclosure, availability and separation. In addition, we have established procedures that ensure the perception of data subject rights, data erasure and response to data vulnerability. Furthermore, we also consider the protection of personal data when developing or selecting hardware, software and procedures, in accordance with the principle of data protection by technology design and by privacy-friendly default settings (Article 25 of the GDPR).
Cooperation with subcontractors and third parties
If in the course of processing, we disclose data to other persons and companies (subcontractors or third parties), share data with them or otherwise grant access to data, this is done only where legally permitted (e.g. sharing data with third parties as required by payment service providers, pursuant to Article 6 (1) (b) of the GDPR in order to fulfill the contract), with your consent or in pursuit of our legitimate interests (such as the use of agents, website hosts, etc.).
If we commission third parties to process data on the basis of a ‘processing contract’, this is done on the basis of Article 28 of the GDPR.
International transfer of personal data
f we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or when using third party services or disclosure or transmission of data to third parties, this will only be done if it is to fulfill our (pre) contractual obligations, with your consent, to fulfill a legal obligation or in pursuit of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only under special conditions of Article 44 et seq. of the GDPR. This means that processing, e.g. on the basis of special guarantees, is subject to specific guarantees, such as officially recognized level of data protection (e.g. in the USA, through the Privacy Shield) or compliance with officially recognized special contractual obligations (so-called ‘standard contractual clauses’).
Rights of the persons concerned
You have the right to ask for confirmation about whether your personal data is being processed, for information about your data and for any other information, and a copy of your data in accordance with Article 15 of the GDPR.
In accordance with Article 16 of the GDPR you have the right to demand the completion of your data or the correction of any incorrect data concerning you.
You have the right to demand the relevant data be deleted immediately in accordance with Article 17 of the GDPR, or alternatively to require a restriction of the processing of your data in accordance with Article 18 of the GDPR.
You have the right to demand that the personal data you have provided us with be obtained by and request its transmission to other responsible persons, in accordance with Article 20 of the GDPR.
In accordance with Article 77 of the GDPR you have the right to file a complaint with the relevant supervisory authority.
Right to withdraw consent
You have the right under Article 7 paragraph of the GDPR to withdraw your consent with effect in perpetuity.
Right to refuse
You can refuse any future processing of your data at any time, in accordance with Article 21 of the GDPR. Refusal in particular can be made to processing your data for direct marketing purposes.
Cookies and your right to refuse direct marketing
„Cookies“ are small pieces of data, which are saved on the computer of users. Within the cookies, different information can be saved. A cookie primarily helps store information on a user (or on the device on which the cookie is stored) during, and also after a user visits a website in the context of an online offer. Temporary cookies or “session cookies” or “transient cookies” are cookies that are deleted when a user leaves a website and closes his or her browser. Such a cookie can store, for example, the content of an online basket or a login status. “Permanent” or “persistent” cookies remain on your computer also after you close your browser. Therefore they can store, for example, the log-in status if you visit the website again after a couple of days. Such a cookie can also store a user’s preferences that are used to measure audience reach or for marketing purposes. “Third-party cookies” are cookies of providers other than the controller who operates the online offer (otherwise, if just their cookies are concerned, the controller’s cookies are called “first-party cookies”).
If you do not want cookies to be saved on your computer, we ask you to adjust the settings on your browser which allow you to disable cookies. Saved cookies can be deleted in the settings of your browser. The exlusion of cookies can lead to restriction of functionality of the online offer.
Deletion of personal data
According to legal guidelines in Germany, the data will be stored in particular for 10 years according to §§ 147 paragraph 1 AO, 257paragraph 1 no. 1 and 4, paragraph 4 German Commercial Code (HGB) (books, records, trading books, for taxation of relevant documents, etc.) and 6 years according to § 257 paragraph 1 no. 2 and 3, paragraph 4 HGB (commercial correspondance).
Business-related processing operations
In addition, we process
contract data (e.g. subject-matter of a contract, duration, customer category).
payment data (e.g. bank details, payment history)
of our customers, prospects and business partners for the provision of services under a contract, for service and customer support, marketing, advertising, and market research.
When contacting us (via contact form or email), the information provided by the user will be used to process and respond to the contact request in accordance with Article 6 paragraph 1 lit. b. (within the frame of contractual/pre-contractual relations), Article 6 paragraph 1 lit. f. (other enquiries) GDPR. User information may be stored in our Customer Relationship Management System (‘CRM System’) or a similar request management system.
We delete requests if they are no longer required. We check the necessity every two years; furthermore, the legal archiving rules apply.
Hosting and E-mails
We use hosting services in order to provide the following services: infrastructure and platform services, computing capacity, memory and database services, E-mail, security services, as well as technical maintenance services which we use to run this online offer.
In doing so, we or our hosting provider process personal details, contact details, content data, contract data, usage data, meta and communication data of customers, prospects and visitors of this online offer on the basis of our legitimate interests which consist in making this online offer available in an efficient and safe manner according to Article 6 paragraph 1 lit. f GDPR Article 28 GDPR (conclusion of data processing agreement).
Integration of third party services and content
Within our website based on our legitimate interests (interest in the analysis, optimization and economic operation of our website within the meaning of Article 6 (1) (f) of the GDPR), we make use of third party content or service offers to provide content and services, such as embedding videos or fonts (collectively referred to as ‘content’).
This always assumes the third party sees the user’s IP address, since they could not send content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavour to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as ‘web beacons’) for statistical or marketing purposes. The ‘pixel tags’ can be used to analyze information such as visitor traffic to the pages of our website. The pseudonymized information may also be stored in cookies on the user’s device and may include, but is not limited to, technical information about the browser and operating system, referral web sites, visit time, and other information regarding the use of our website, as well as being connected to such information from other sources.
Created with the Datenschutz-Generator.de from RA Dr. Thomas Schwenke // Adapted by the website owner