I. NAME AND ADDRESS OF THE PERSON RESPONSIBLE
The responsible person within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the member states as well as other data protection regulations is the:
Fasson Hotel
Green Energy Park 1
26906 Heede
kontakt@fasson-hotel.de
II. NAME AND ADDRESS OF THE DATA PROTECTION OFFICER
The data protection officer of the data controller is:
Mr Erden Yücel
(FYNE Consulting GmbH)
Mail: info@fyne-consulting.com
Internet: www.fyne-consulting.com
III. GENERAL INFORMATION ON DATA PROCESSING
1. SCOPE AND PURPOSE OF THE PROCESSING OF PERSONAL DATA
As a matter of principle, we only process personal data of our users insofar as this is necessary for the provision of a functional website as well as our contents and services. The processing of personal data of our users is regularly only carried out after the consent of the user (e.g. through the use of a cookie banner). An exception applies in those cases in which obtaining prior consent is not possible for actual reasons and the processing of the data is permitted by legal regulations.
2. LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA
Insofar as we obtain the consent of the data subject for processing operations involving personal data, Art. 6 (1) lit. a DS-GVO serves as the legal basis.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) lit. b DS-GVO serves as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures.
Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 (1) lit. c DS-GVO serves as the legal basis.
In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Art. 6 (1) lit. d DS-GVO serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 (1) lit. f DS-GVO serves as the legal basis for the processing.
3. AND STORAGE PERIOD
The personal data of the data subject shall be deleted or blocked as soon as the purpose of the storage no longer applies. Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a necessity for the continued storage of the data for the conclusion or fulfilment of a contract.
4. THIRD PARTIES, PROCESSORS AND JOINT CONTROLLERS
We only transfer personal data if the transfer is lawful under the applicable data protection laws. This may be the case, for example, if we are required by law to transfer data to (investigative) authorities. However, a transfer may also be considered if we transfer personal data to processors or share them with joint controllers.
If it is possible or even required by law, every data transfer is recorded in writing and regulated by clearly defined rights and obligations. This means, for example, that we conclude contracts with our processors to help protect your personal data.
If a data transfer takes place, you will be informed accordingly.
IV. PROVISION OF THE WEBSITE AND CREATION OF LOG FILES
1. DESCRIPTION AND SCOPE OF DATA PROCESSING
Each time our website is accessed, our system (and possibly also the system of our hosting provider) automatically collects data and information from the computer system of the accessing computer.
As a rule, the following data is collected:
The data is also stored in the log files of our system. Not affected by this are the IP addresses of the user or other data that allow the data to be assigned to a user. This data is not stored together with other personal data of the user.
2. LEGAL BASIS FOR DATA PROCESSING
The legal basis for the temporary storage of the data is Art. 6 para. 1 lit. f DS-GVO.
3. PURPOSE OF THE DATA PROCESSING
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes are also our legitimate interest in data processing according to Art. 6 para. 1 lit. f DS-GVO.
4. DURATION OF STORAGE
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
In the case of storage of data in log files, this is the case after seven days at the latest. The reasons for storage are various security reasons (e.g. for the investigation of criminal offences) – for this reason, storage beyond this is possible. If the data is stored elsewhere, the IP addresses of the users are deleted or alienated so that it is no longer possible to assign the calling client.
5. POSSIBILITY OF OBJECTION AND REMOVAL
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility for the user to object.
V. USE OF COOKIES
Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user’s computer system. When a user calls up a website, a cookie may be stored on the user’s operating system. A cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.
We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change (e.g.: log-in information, website settings, etc.).
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f DS-GVO.
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognised even after a page change.
The user data collected through technically necessary cookies are not used to create user profiles.
These purposes also constitute our legitimate interest in processing the personal data in accordance with Art. 6 (1) lit. f DS-GVO and for analysis purposes in accordance with Art. 6 (1) lit. a DS-GVO.
Cookies are stored on the user’s computer and transmitted to our site by the user. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all the functions of the website to their full extent.
VI. NEWSLETTER
1. DESCRIPTION AND SCOPE OF DATA PROCESSING
Our website offers the option of subscribing to a newsletter. When registering for the newsletter, the data from the input mask is transmitted to us.
For this purpose, we collect information about your e-mail address. In addition, the following data is collected during registration:
For the processing of the data, your consent is obtained during the registration process and reference is made to this privacy policy.
No data is passed on to third parties in connection with the data processing for the dispatch of newsletters – this does not apply if the dispatch of the newsletters is handled by a third party commissioned by us (order processor). If a service provider is used, it will only receive data that is necessary for sending the newsletter. The data is used exclusively for sending the newsletter.
2. LEGAL BASIS FOR DATA PROCESSING
The legal basis for the processing of data after registration for the newsletter by the user is Art. 6 para. 1 lit. a DS-GVO if the user has given his consent.
3. PURPOSE OF THE DATA PROCESSING
The collection of the user’s email address is used to deliver the newsletter.
The collection of other personal data as part of the registration process serves to prevent misuse of the services or the e-mail address used.
4. DURATION OF STORAGE
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. The user’s email address is therefore stored as long as the subscription to the newsletter is active.
The other personal data collected during the registration process is usually deleted after a period of seven days.
5. POSSIBILITY OF OBJECTION AND REMOVAL
The subscription to the newsletter can be cancelled by the user concerned at any time. For this purpose, a corresponding link can be found in each newsletter.
This also enables the revocation of consent to the storage of personal data collected during the registration process.
VII. CONTACT
1. DESCRIPTION AND SCOPE OF DATA PROCESSING
Whenever contact is made with us (e.g. by contact form, e-mail, telephone or via social media), the user’s details are used to process the specific contact enquiry and its handling in accordance with Art. 6 Para. 1 lit. b. (in the context of contractual/pre-contractual relations), Art. 6 para. 1 lit. f. (other enquiries) DS-GVO. Furthermore, we point out that the information may be stored in a computer/software system (e.g. in a “CRM system”). The reason for the storage in a computer/software system is the objective of optimising and accelerating our processes (Art. 6 para. 1 lit. f DS-GVO).
In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.
2. LEGAL BASIS FOR DATA PROCESSING
The legal basis for the processing of the data is Art. 6 para. 1 lit. a DS-GVO if the user has given his consent.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 (1) lit. f DS-GVO. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DS-GVO.
3. PURPOSE OF THE DATA PROCESSING
The processing of the personal data from the input mask serves us solely to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. DURATION OF STORAGE
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
5. POSSIBILITY OF OBJECTION AND REMOVAL
The user has the option to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he or she can object to the storage of his or her personal data at any time. In such a case, the conversation cannot be continued.
The revocation of consent must be sent to us in writing (our contact details can be found above – name and address of the person responsible).
All personal data stored in the course of contacting us will be deleted in this case.
VIII. ACCOUNTING TRANSACTIONS
On our site you have the possibility to make bookings. In this case, your personal data and all contractually relevant information will be processed. The legal basis for the processing of your personal data is therefore Art. 6 para. 1 lit. b DS-GVO.
Your data will only be processed for the purposes of contract execution and contract implementation.
For the processing of bookings, we use the expertise of service providers. Your data is thus transmitted to our order processor in the course of order processing. In order to be able to guarantee the protection of your personal data, we have concluded corresponding contracts. No other transmission takes place.
Your data will be deleted as soon as it is no longer necessary for the provision of the service. This does not apply to data that we must retain due to legal requirements (e.g. tax law).
IX. FACEBOOK
Based on our legitimate interest pursuant to Art. 6 para. 1 lit. f DS-GVO, social media plugins from Facebook are used on our website to make their use more personal. For this purpose, we use the “LIKE” or “SHARE” button. This is an offer from Facebook. However, the legal basis is based on Art. 6 para. 1 lit. a DS-GVO if you give us your consent with the help of a banner.
Facebook has taken technical and organisational measures to ensure the rights of data subjects and the protection of personal data.
When you call up a page of our website that contains such a plugin, your browser establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to your browser, which then integrates it into the website.
By integrating the plugins, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook account or are not currently logged in to Facebook. This information (including your IP address) is transmitted by your browser directly to a Facebook server in the USA and stored there (legal basis are the standard contractual clauses https://www.facebook.com/legal/EU_data_transfer_addendum).
If you are logged in to Facebook, Facebook can directly assign your visit to our website to your Facebook account. If you interact with the plugins, for example by clicking the “LIKE” or “SHARE” button, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook and displayed to your Facebook friends.
Facebook may use this information for the purposes of advertising, market research and demand-oriented design of the Facebook pages. For this purpose, Facebook creates usage, interest and relationship profiles, e.g. to evaluate your use of our website with regard to the advertisements displayed to you on Facebook, to inform other Facebook users about your activities on our website and to provide other services associated with the use of Facebook.
If you do not want Facebook to assign the data collected via our website to your Facebook account, you must log out of Facebook before visiting our website.
For the purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights in this regard and setting options for protecting your privacy, please refer to Facebook’s privacy policy (https://www.facebook.com/about/privacy/).
If a user is a Facebook member and does not want Facebook to collect data about him/her via this online offer and link it to his/her membership data stored with Facebook, he/she must log out of Facebook and delete his/her cookies before using our online offer. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.
X. GOOGLE FONTS
On our website, we integrate the fonts (“Google Fonts”) of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (purpose: user-friendly presentation, legal basis Art. 6 para. 1 lit. f DS-GVO).
You can find Google’s privacy policy under Privacy Policy:
https://www.google.com/policies/privacy/,
You can access the opt-out procedure at: https://adssettings.google.com/authenticated.
XI. FONTAWESOME
On our website, we integrate the fonts (“FontAwesome”) of the provider Fonticons, Inc. ,6 Porter Road Apartment 3R, Cambridge, MA (purpose: user-friendly presentation, legal basis Art. 6 para. 1 lit. f DS-GVO).
You can find Google’s privacy policy under Privacy Policy:
https://fontawesome.com/privacy
XII. RIGHTS OF THE DATA SUBJECT
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:
1. RIGHT OF INFORMATION
You may request confirmation from the controller as to whether personal data relating to you is being processed by us.
If there is such processing, you can request information from the controller about the following:
(1) the purposes for which the personal data are processed
(2) the categories of personal data which are processed
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed
(4) the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage duration
(5) the existence of a right to rectify or erase personal data concerning you, a right to obtain the restriction of processing by the controller or a right to object to such processing
(6) the existence of a right of appeal to a supervisory authority
(7) any available information on the origin of the data if the personal data are not collected from the data subject
(8) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject
You have the right to request information on whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 DS-GVO in connection with the transfer.
2. RIGHT OF RECTIFICATION
You have a right of rectification and/or completion vis-à-vis the controller if the personal data processed concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.
3. RIGHT TO RESTRICT PROCESSING
You may request the restriction of the processing of personal data concerning you under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data
(2) the processing is unlawful and you refuse to erase the personal data and instead request the restriction of the use of the personal data
(3) the controller no longer needs the personal data for the purposes of processing but you need them for the establishment, exercise or defence of legal claims; or
(4) if you have objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override your grounds
Where the processing of personal data relating to you has been restricted, those data may be processed, with the exception of their storage, only with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or of a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
4. RIGHT TO DELETION
A)
You may request the controller to erase the personal data concerning you without delay and the controller is obliged to erase this data without delay if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed
(2) You revoke your consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) DS-GVO and there is no other legal basis for the processing
(3) You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR
(4) The personal data concerning you have been processed unlawfully
(5) The deletion of personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject
(6) The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8(1) DS-GVO
B) INFORMATION TO THIRD PARTIES
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of that personal data.
C) EXCEPTIONS
The right to erasure does not exist insofar as the processing is necessary
(1) to exercise the right to freedom of expression and information
(2) for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
(3) for reasons of public interest in the area of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) of the GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
(5) to assert, exercise or defend legal claims
5. RIGHT TO INFORMATION
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to communicate this rectification or erasure of the data or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed of these recipients by the controller.
6. RIGHT TO DATA PORTABILITY
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data has been provided, provided that
(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a DS-GVO or Art. 9 para. 2 lit. a DS-GVO or on a contract pursuant to Art. 6 para. 1 lit. b DS-GVO and
(2) the processing is carried out with the aid of automated procedures
In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. This must not affect the freedoms and rights of other persons.
The right to data portability shall not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. RIGHT OF OBJECTION
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6(1)(e) or (f) DS-GVO; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.
If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.
8. RIGHT TO REVOKE THE DECLARATION OF CONSENT UNDER DATA PROTECTION LAW
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
9. AUTOMATED DECISION IN INDIVIDUAL CASES INCLUDING PROFILIN
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the controller
(2) is authorised by Union or Member State legislation to which the controller is subject and that legislation contains adequate measures to safeguard your rights and freedoms and your legitimate interests; or
(3) done with your express consent
However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms of, and your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.
10. RIGHT TO COMPLAIN TO A SUPERVISORY AUTHORITY
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 of the GDPR.
