POSCHMÜHLE
PRIVACY POLICY
Name and Address of the Controller
The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States, as well as other data protection regulations, is:
Pension Poschmühle
Poschmühle 2
83301 Traunreut
Germany
Tel.: +49 (0) 8669 789500
Owner: Isabel Maier-Klemm
Email: info@pension-poschmuehle.de
Website: www.pension-poschmuehle.de
Name and Address of the Data Protection Officer
The data protection officer within the meaning of the GDPR is Ms. Isabel Maier-Klemm.
III. General Information on Data Processing
Scope of the Processing of Personal Data
As a general principle, we process the personal data of our users only to the extent necessary to provide a functioning website as well as our content and services.
The processing of our users’ personal data is generally carried out only with the user’s consent. An exception applies in cases where it is not possible to obtain prior consent for factual reasons and the processing of the data is permitted by statutory provisions.
Legal Basis for the Processing of Personal Data
Where we obtain the consent of the data subject for processing operations involving personal data, Article 6(1)(a) of the EU General Data Protection Regulation (GDPR) 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, Article 6(1)(b) GDPR serves as the legal basis. This also applies to processing operations that are necessary for carrying out pre-contractual measures.
Where the processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Article 6(1)(c) GDPR serves as the legal basis.
Where the processing of personal data is necessary to protect the vital interests of the data subject or another natural person, Article 6(1)(d) GDPR serves as the legal basis.
Where processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, and where the interests, fundamental rights, and freedoms of the data subject do not override those interests, Article 6(1)(f) GDPR serves as the legal basis for processing.
Data Deletion and Storage Period
The personal data of the data subject will be deleted or blocked as soon as the purpose for which it was stored no longer applies.
Data may be stored beyond this period if this is provided for by the European or national legislator in EU regulations, laws, or other provisions to which the controller is subject.
The data will also be blocked or deleted when a storage period prescribed by the aforementioned provisions expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.
Provision of the Website and Creation of Log Files
Description and Scope of Data Processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.
The following data is collected:
Information about the browser type and version used
The user’s operating system
The user’s Internet service provider
The user’s IP address
Date and time of access
Websites from which the user’s system reaches our website
Websites accessed by the user’s system through our website
Legal Basis for Data Processing
The legal basis for the temporary storage of the data is Article 6(1)(f) GDPR.
Purpose of Data Processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
These purposes also constitute our legitimate interest in data processing pursuant to Article 6(1)(f) GDPR.
Duration of Storage
The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected.
In the case of data collected for the provision of the website, this is the case when the respective session has ended.
Right to Object and Possibility of Removal
The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, the user has no possibility to object.
Contact Form and Email Contact
Description and Scope of Data Processing
A contact form is available on our website, which can be used to contact us electronically.
If a user makes use of this option, the data entered into the input form will be transmitted to us and stored.
This data includes:
Name
Street / House number
Postal code / City
Telephone
Email address
Arrival
Departure
Type of room
Message
During the submission process, your consent to the processing of this data is obtained and reference is made to this Privacy Policy.
Alternatively, you may contact us using the email address provided. In this case, the user’s personal data transmitted with the email will be stored.
In this context, the data will not be passed on to third parties. The data will be used exclusively for processing the correspondence.
Legal Basis for Data Processing
Where the user’s consent has been obtained, the legal basis for processing the data is Article 6(1)(a) GDPR.
The legal basis for processing data transmitted in the course of sending an email is Article 6(1)(f) GDPR.
If the email contact is aimed at concluding a contract, an additional legal basis for processing is Article 6(1)(b) GDPR.
Purpose of Data Processing
The processing of personal data from the input form serves solely to process the contact request.
In the case of contact by email, this also constitutes the necessary legitimate interest in processing the data.
The other personal data processed during the submission process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.
Duration of Storage
The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected.
For personal data entered into the contact form and data transmitted by email, this is the case when the respective conversation with the user has ended.
The conversation is considered ended when the circumstances indicate that the matter in question has been conclusively clarified.
Additional personal data collected during the submission process will be deleted no later than seven days after collection.
Right to Object and Possibility of Removal
The user has the right to withdraw consent to the processing of personal data at any time.
If the user contacts us by email, they may object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.
All personal data stored in the course of contacting us will be deleted in this case.
Use of Cookies
a) Description and Scope of Data Processing
Our website uses cookies.
Cookies are text files that are stored in or by the Internet browser on the user’s computer system.
When a user accesses a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is accessed again.
We use cookies to make our website more user-friendly.
Some elements of our website require the accessing browser to be identifiable even after changing pages.
b) Legal Basis for Data Processing
The legal basis for processing personal data using cookies is Article 6(1)(f) GDPR.
c) Purpose of Data Processing
The purpose of using technically necessary cookies is to make the use of websites easier for users.
Some functions of our website cannot be offered without the use of cookies. For these functions, it is necessary for the browser to be recognized again after changing pages.
We require cookies for the following application:
Displaying our Facebook feed
The user data collected through technically necessary cookies is not used to create user profiles.
These purposes also constitute our legitimate interest in processing personal data pursuant to Article 6(1)(f) GDPR.
d) Duration of Storage, Right to Object and Possibility of Removal
Cookies are stored on the user’s computer and transmitted from there to our website.
As a user, you therefore have full control over the use of cookies.
By changing the settings in your Internet browser, you can disable 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 disabled for our website, it may no longer be possible to use all of the website’s functions to their full extent.
You can withdraw consent for the cookies that have already been stored here.
VII. Rights of Data Subjects
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:
Right of Access
You may request confirmation from the controller as to whether personal data concerning you is being processed by us.
If such processing exists, you may request information from the controller regarding:
The purposes for which the personal data is processed
The categories of personal data being processed
The recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed
The planned duration for which the personal data concerning you will be stored or, if specific information cannot be provided, the criteria used to determine the storage period
The existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller, or a right to object to such processing
The existence of a right to lodge a complaint with a supervisory authority
Any available information concerning the source of the data, where the personal data was not collected from the data subject
The existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) GDPR and, at least in these cases, meaningful information about the logic involved as well as the scope and intended effects of such processing for the data subject
You have the right to request information as to whether personal data concerning you is transferred to a third country or an international organization.
In this context, you may request to be informed about the appropriate safeguards pursuant to Article 46 GDPR in connection with the transfer.
Right to Rectification
You have the right to have inaccurate or incomplete personal data concerning you rectified and/or completed by the controller.
The controller must carry out the rectification without undue delay.
Right to Restriction of Processing
Under the following conditions, you may request the restriction of processing of personal data concerning you:
If you dispute the accuracy of the personal data concerning you, for a period enabling the controller to verify the accuracy of the personal data
If the processing is unlawful and you refuse the deletion of the personal data and instead request restriction of the use of the personal data
If the controller no longer needs the personal data for the purposes of processing, but you require it for the establishment, exercise, or defense of legal claims, or
If you have objected to processing pursuant to Article 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override your grounds
Where the processing of personal data concerning you has been restricted, such data may, with the exception of storage, only be processed with your consent or for the establishment, exercise, or defense of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest of the Union or of a Member State.
If the restriction of processing has been imposed under the conditions described above, you will be informed by the controller before the restriction is lifted.
Right to Erasure
a) Obligation to Erase
You may request that the controller delete personal data concerning you without undue delay, and the controller is obliged to delete this data without undue delay if one of the following grounds applies:
The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
You withdraw your consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) GDPR, and there is no other legal basis for the processing.
You object to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) GDPR.
The personal data concerning you has been unlawfully processed.
The deletion of personal data concerning you is necessary to comply with a legal obligation under Union or Member State law to which the controller is subject.
The personal data concerning you was collected in relation to information society services offered pursuant to Article 8(1) GDPR.
b) Information Provided to Third Parties
If the controller has made personal data concerning you public and is obliged to erase it pursuant to Article 17(1) GDPR, the controller shall, taking into account available technology and the costs of implementation, take reasonable measures, including technical measures, to inform controllers processing the personal data that you, as the data subject, have requested the deletion of all links to this personal data, or copies or replications of this personal data.
c) Exceptions
The right to erasure does not apply insofar as processing is necessary:
For exercising the right of freedom of expression and information
For compliance with a legal obligation requiring 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
For reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) GDPR
For archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1) GDPR, insofar as the right referred to in section (a) is likely to make the achievement of the objectives of that processing impossible or seriously impair it, or
For the establishment, exercise, or defense of legal claims
Right to Information
If you have exercised your right to rectification, erasure, or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you has been disclosed of the rectification or erasure of the data or restriction of processing, unless this proves impossible or involves disproportionate effort.
You have the right to be informed by the controller about these recipients.
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 was provided, provided that:
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
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible.
The rights and freedoms of other persons must not be adversely affected by this.
The right to data portability does not apply to processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Right to Object
You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you based on Article 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you unless the controller can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing serves the establishment, exercise, or defense of legal claims.
Where personal data concerning you is processed for the purpose of direct advertising, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising. This also applies to profiling insofar as it is related to such direct advertising.
If you object to processing for the purposes of direct advertising, the personal data concerning you will no longer be processed for these purposes.
You have the option, in connection with the use of information society services and notwithstanding Directive 2002/58/EC, to exercise your right to object by automated means using technical specifications.
Right to Withdraw Consent Under Data Protection Law
You have the right to withdraw your consent to the processing of personal data at any time.
The withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent before its withdrawal.
Automated Decision-Making in Individual Cases, Including Profiling
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:
Is necessary for entering into or performing a contract between you and the controller
Is authorized by Union or Member State law to which the controller is subject and that law contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
Is based on your explicit consent
However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) GDPR, unless Article 9(2)(a) or (g) GDPR applies and appropriate measures have been taken to protect your rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in points (1) and (3), the controller shall take appropriate measures to safeguard your rights and freedoms as well as your legitimate interests. This includes, at minimum, the right to obtain human intervention from the controller, to express your own point of view, and to contest the decision.
Right to Lodge a Complaint with 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 habitual residence, place of work, or the place of the alleged infringement, if you believe that the processing of personal data concerning you violates the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant about the status and outcome of the complaint, including the possibility of a judicial remedy pursuant to Article 78 GDPR.
The authority responsible for us is:
Bavarian State Office for Data Protection Supervision
Promenade 27
91522 Ansbach
Germany
Tel.: +49 (0) 981 531300
Fax: +49 (0) 981 53981300
Email: poststelle@lda.bayern.de
Website: www.lda.bayern.de
Right to Amend
We reserve the right to amend this Privacy Policy at any time in compliance with the applicable legal requirements.
Last updated: January 2021
Pension Poschmühle
Poschmühle 2
83301 Traunreut
Germany
Tel.: +49 (0) 8669 789500
Email: info@pension-poschmuehle.de
This is a translation rather than a legal review. The original German text contains several typographical errors and some wording that may be based on an older privacy-policy template (including the January 2021 date).