Privacy Policy

We greatly appreciate your interest in our holiday apartment. Data protection has a particularly high priority for the operator of the holiday apartment Am Mühlgraben. The use of the website of the holiday apartment Am Mühlgraben is generally possible without providing any personal data. However, if a data subject wishes to use special services of our company via our website, the processing of personal data may become necessary. If the processing of personal data is required and there is no legal basis for such processing, we will generally obtain the consent of the data subject.

The processing of personal data – for example, the name, address, e-mail address, or telephone number of a data subject – is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to the holiday apartment Am Mühlgraben. Through this privacy policy, our company aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this privacy policy explains to data subjects the rights to which they are entitled.

As the controller responsible for processing, the holiday apartment Am Mühlgraben has implemented numerous technical and organizational measures to ensure the most complete protection possible of personal data processed via this website. Nevertheless, internet-based data transmissions may in principle have security vulnerabilities, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example, by telephone

Definitions

The privacy policy of the holiday apartment Am Mühlgraben is based on the terminology used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand both for the public and for our guests. To ensure this, we would like to explain the terms used in advance.

In this privacy policy, we use, among others, the following terms:

• a) Personal data

  Personal data means 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, 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.

• c) 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, organization, 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 its processing in the future.

• e)    Profiling

  Profiling means any form of automated processing of personal data consisting of the use of such 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.

• f) Pseudonymization

  Pseudonymization is the processing of personal data in such a way 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 is not attributed to an identified or identifiable natural person.

• g) Controller or controller responsible for processing

  Controller or controller responsible for 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.

• h) Processor

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

• i) Recipient

  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.

• 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 authorized to process personal data under the direct authority of the controller or processor.

• k) Consent

  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 GDPR, other data protection laws applicable in EU member states, and other provisions related to data protection is:

Ferienwohnung am Mühlgraben

Am Mühlgraben 28

02785 Olbersdorf

Deutschland

Tel.: 03583572745

E-Mail: Kontakt@fewo-muehlgraben.de

Website: http://ferienwohnung-am-mühlgraben.de/

3. Cookies

The website of the holiday apartment Am Mühlgraben uses cookies. Cookies are text files that are stored on a computer system via an internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID, a unique identifier of the cookie. This allows websites and servers to distinguish the individual browser of a data subject from other browsers that contain different cookies.

Through the use of cookies, the holiday apartment Am Mühlgraben can provide more user-friendly services that would not be possible without cookie placement.

Cookies can be used to optimize the information and offers on our website for the benefit of users. Cookies also allow us to recognize the users of our website. The purpose of this recognition is to make it easier for users to utilize our website.

The data subject may prevent the setting of cookies through our website at any time by adjusting the settings of the internet browser used and may thus permanently deny the setting of cookies. Already set cookies may be deleted at any time via an internet browser or other software programs. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be entirely usable.

4. Collection of general data and information

Each time the website of the holiday apartment Am Mühlgraben is accessed by a data subject or an automated system, a series of general data and information is collected. This general data and information is stored in the server log files.

The information collected may include (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 (referrer), (4) the sub-pages accessed, (5) the date and time of access, (6) an internet protocol (IP) address, (7) the internet service provider of the accessing system, and (8) other similar data and information that serve to avert danger in the event of attacks on our IT systems. This data is used for: 1. delivering the content of our website correctly, 2. optimizing our website and its advertising, 3. ensuring the permanent functionality of our IT systems, and 4. providing law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. These data and information are collected anonymously and are evaluated statistically in order to increase data protection and data security and to ensure an optimal level of protection for the personal data we process.

5. Contact via the website

The website of the holiday apartment Am Mühlgraben contains, due to legal requirements, information that enables quick electronic contact with our apartment and direct communication with us, which also includes a general address for electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purpose of processing or contacting the data subject. There is no transfer of these personal data to third parties.

6. Routine erasure and blocking of personal data

The controller processes and stores 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 another legislator in laws or regulations to which the controller is subject. 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 are routinely blocked or erased in accordance with legal requirements.

Entfällt der Speicherungszweck oder läuft eine vom Europäischen Richtlinien- und Verordnungsgeber oder einem anderen zuständigen Gesetzgeber vorgeschriebene Speicherfrist ab, werden die personenbezogenen Daten routinemäßig und entsprechend den gesetzlichen Vorschriften gesperrt oder gelöscht.

7. Rights of the data subject

• a) Right to confirmation

  Every data subject has the right, granted by the European legislator, to obtain from the controller confirmation as to whether or not personal data concerning them are being processed. If a data subject wishes to avail themselves of this right of confirmation, they may, at any time, contact any employee of the controller.

• b) Right of access

  Every data subject has the right, granted by the European legislator, to obtain from the controller free information about their personal data stored at any time and a copy of this information. Furthermore, the data subject shall have 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 have been or will be disclosed, in particular recipients in third countries or international organizations;
  • 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, or to object to such processing;
  • the existence of the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the data subject: any available information as to their source;
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

  Furthermore, the data subject shall have the right to be informed whether personal data are transferred to a third country or to an international organization. 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 exercise this right of access, they may, at any time, contact any employee of the controller.

• c) Right to rectification

  Every data subject has the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning them. 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 a supplementary statement.

  To exercise the right to rectification, the data subject may at any time contact any employee of the controller.

• d) Right to erasure (“right to be forgotten”)

  Every data subject has the right to obtain from the controller the erasure of personal data concerning them without undue delay where one of the following grounds applies and provided processing is not necessary:

  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • The data subject withdraws consent on which the processing is based according to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
  • The personal data have 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 have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

  If one of the above reasons applies and a data subject wishes to request the erasure of personal data stored by the holiday apartment Am Mühlgraben, they may, at any time, contact any employee of the controller. The employee shall ensure that the erasure request is complied with without undue delay.

  Where the personal data have been made public by the holiday apartment Am Mühlgraben and our company, as controller, is obliged pursuant to Article 17(1) GDPR to erase the personal data, the holiday apartment Am Mühlgraben, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, insofar as processing is not required. The employee of the holiday apartment Am Mühlgraben will arrange the necessary measures in each individual case.

• e) Right to restriction of processing

  Every data subject has the right 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 the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims.
  • The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

  If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by the holiday apartment Am Mühlgraben, they may at any time contact any employee of the controller. The employee will arrange the restriction.

• Right to data portability

  Every data subject has the right to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority.

  In exercising their right to data portability pursuant to Article 20(1) GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.

  To exercise the right to data portability, the data subject may at any time contact any employee of the holiday apartment Am Mühlgraben.

• g) Right to object

  Every data subject has the right to object, on grounds relating to their particular situation, at any time to processing of personal data concerning them which is based on Article 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions.

  The holiday apartment Am Mühlgraben shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or the processing is for the establishment, exercise, or defense of legal claims.

  Where the holiday apartment Am Mühlgraben processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data for such marketing; this also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to processing for direct marketing purposes, the holiday apartment Am Mühlgraben will no longer process the personal data for these purposes.

  In addition, the data subject has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them by the holiday apartment Am Mühlgraben for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

  To exercise the right to object, the data subject may directly contact any employee of the holiday apartment Am Mühlgraben. The data subject is also free, in the context of the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.

• h) Automated individual decision-making, including profiling

  Every data subject has the right not to be subject to a decision based solely on automated processing—including profiling—which produces legal effects concerning them or similarly significantly affects them, unless the decision (1) is necessary for entering into, or performance of, a contract between the data subject and a controller; or (2) is authorized 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 (3) is based on the data subject’s explicit consent.

  If the decision (1) is necessary for entering into or performing a contract or (2) is based on the data subject’s explicit consent, the holiday apartment Am Mühlgraben shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention, to express their point of view, and to contest the decision.

  If the data subject wishes to exercise rights concerning automated decision-making, they may contact any employee of the controller at any time.

• i) Right to withdraw consent

  Every data subject has the right to withdraw consent to processing of personal data at any time. If the data subject wishes to exercise the right to withdraw consent, they may, at any time, contact any employee of the controller.

  Möchte die betroffene Person ihr Recht auf Widerruf einer Einwilligung geltend machen, kann sie sich hierzu jederzeit an einen Mitarbeiter des für die Verarbeitung Verantwortlichen wenden.

8. Data protection provisions about the use of Facebook

The controller has integrated components of the company Facebook on this website. Facebook is a social network.

With each call-up to one of the individual pages of this website on which a Facebook component (Facebook plug-in) is integrated, the internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Facebook component from Facebook. An overview of all Facebook plug-ins can be retrieved at https://developers.facebook.com/docs/plugins/?locale=de_DE

If the data subject is logged in at Facebook at the same time, Facebook detects with each call-up to our website by the data subject—and for the entire duration of their stay on our website—which specific sub-page was visited. This information is collected by the Facebook component and associated by Facebook with the respective Facebook account of the data subject. If the data subject activates one of the Facebook buttons integrated on our website (e.g. the “Like” button) or submits a comment, Facebook assigns this information to the personal Facebook user account of the data subject and stores these personal data.

Facebook receives information via the Facebook component that the data subject has visited our website, provided that the data subject is logged in at Facebook at the time of the call-up to our website; this occurs regardless of whether the person clicks the Facebook component or not. If such transmission of information to Facebook is not desired by the data subject, they may prevent this by logging out of their Facebook account before accessing our website.

The data policy published by Facebook, available at https://de-de.facebook.com/about/privacy/ provides information about the collection, processing, and use of personal data by Facebook, as well as the settings Facebook offers to protect the privacy of the data subject. Various applications are also available that make it possible to suppress data transmission to Facebook; such applications may be used by the data subject to prevent data transmission to Facebook.

Facebook erhält über die Facebook-Komponente immer dann eine Information darüber, dass die betroffene Person unsere Internetseite besucht hat, wenn die betroffene Person zum Zeitpunkt des Aufrufs unserer Internetseite gleichzeitig bei Facebook eingeloggt ist; dies findet unabhängig davon statt, ob die betroffene Person die Facebook-Komponente anklickt oder nicht. Ist eine derartige Übermittlung dieser Informationen an Facebook von der betroffenen Person nicht gewollt, kann diese die Übermittlung dadurch verhindern, dass sie sich vor einem Aufruf unserer Internetseite aus ihrem Facebook-Account ausloggt.

Die von Facebook veröffentlichte Datenrichtlinie, die unter https://de-de.facebook.com/about/privacy/ abrufbar ist, gibt Aufschluss über die Erhebung, Verarbeitung und Nutzung personenbezogener Daten durch Facebook. Ferner wird dort erläutert, welche Einstellungsmöglichkeiten Facebook zum Schutz der Privatsphäre der betroffenen Person bietet. Zudem sind unterschiedliche Applikationen erhältlich, die es ermöglichen, eine Datenübermittlung an Facebook zu unterdrücken. Solche Applikationen können durch die betroffene Person genutzt werden, um eine Datenübermittlung an Facebook zu unterdrücken.

9. Data protection provisions about the use of Instagram

The controller has integrated components of the service Instagram on this website. Instagram is a service that qualifies as an audiovisual platform and allows users to share photos and videos as well as to disseminate such data on other social networks.

The operator of the Instagram services is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA.

With each call-up to one of the individual pages of this website on which an Instagram component (Insta button) is integrated, the internet browser on the IT system of the data subject is automatically prompted to download a display of the corresponding component from Instagram. In the course of this technical procedure, Instagram becomes aware of which specific sub-page of our website is visited by the data subject.

If the data subject is logged in at Instagram at the same time, Instagram recognizes with each call-up to our website by the data subject—and for the entire duration of their stay— which specific sub-page is visited. This information is collected by the Instagram component and assigned by Instagram to the respective Instagram account of the data subject. If the data subject presses one of the Instagram buttons integrated on our website, the data and information thus transmitted are assigned to the personal Instagram user account of the data subject and stored and processed by Instagram.

Instagram receives information via the Instagram component that the data subject has visited our website, provided that the data subject is logged in at Instagram at the time of the call-up to our website; this occurs regardless of whether the person clicks the Instagram component or not. If such transmission of information to Instagram is not desired, the data subject may prevent this by logging out of their Instagram account before accessing our website.

Further information and Instagram’s applicable data protection provisions can be found at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/

10. Payment method: data protection provisions about the use of PayPal

The controller has integrated components of PayPal on this website. PayPal is an online payment service provider. Payments are processed via PayPal accounts, which represent virtual private or business accounts. PayPal also enables virtual payments via credit cards if a user does not maintain a PayPal account. A PayPal account is managed via an e-mail address, which is why there is no traditional account number. PayPal makes it possible to trigger online payments to third parties or to receive payments. PayPal also performs trustee functions and offers buyer protection services.

The European operating company of PayPal is PayPal (Europe) S.à r.l. & Cie. S.C.A., 22–24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

If the data subject chooses “PayPal” as the payment option during the ordering process in our online shop, data of the data subject are transmitted automatically to PayPal. By selecting this payment option, the data subject consents to the transfer of personal data required for payment processing.

The personal data transmitted to PayPal are usually first name, last name, address, e-mail address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. Personal data related to the respective order are also necessary for contract processing.

The transmission of the data aims at payment processing and fraud prevention. The controller will transmit personal data to PayPal in particular if there is a legitimate interest for the transmission. The personal data exchanged between PayPal and the controller may be transmitted by PayPal to credit reference agencies. This transmission aims at identity and credit checks.

PayPal may pass on personal data to affiliated companies and service providers or subcontractors to the extent necessary to fulfill contractual obligations or to process data on its behalf.

The data subject has the possibility to withdraw consent to the handling of personal data at any time from PayPal. A withdrawal shall not affect personal data that must be processed, used, or transmitted for (contractually compliant) payment processing. 

PayPal’s applicable privacy policy can be retrieved at https://www.paypal.com/de/webapps/mpp/ua/privacy-full

11. Legal basis for processing

Article 6(1)(a) GDPR serves as the legal basis for processing operations for which we obtain 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 or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to such processing operations that are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. If our company is subject to a legal obligation by which the processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our premises and their name, age, health insurance data, 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 Article 6(1)(d) GDPR. Ultimately, processing operations could be based on Article 6(1)(f) GDPR. This legal basis is used for processing operations that are not covered by any of the above legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are particularly permitted because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47, sentence 2 GDPR).

12. Legitimate interests in processing pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is to carry out our business activities in favor of the well-being of all our employees and our shareholders.

13. Period for which the personal data will be stored

The criterion used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data are routinely deleted, provided they are no longer necessary for the fulfillment of a contract or the initiation of a contract.

14. Provision of personal data as a 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 may 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 that must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with them. The non-provision of personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data are provided by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject, on a case-by-case basis, whether the provision of personal data is required by law or contract, or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data, and the consequences of non-provision of the personal data.

15. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

Diese Muster Datenschutzerklärung wurde durch den DS-GVO Datenschutzerklärungs-Generator der Deutschen Gesellschaft für Datenschutz, in Kooperation mit den Medienrecht Anwälten WILDE BEUGER SOLMECKE | Rechtsanwälte aus Köln erstellt.