A. Name and address of the person responsible
The person responsible 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:
Jacqueline Temesi and Sándor Temesi GbR, represented by the managing directors Jacqueline Temesi and Sándor Temesi
Zehnthausstraße 9
56812 Cochem
Phonenumber: +49 2671 30 52
E-mail address: hotel@10thof.de
Website: cafezoe.de
B. General information on data processing
1. Scope of processing of personal data
We generally only collect and use personal data from our users to the extent that this is necessary to provide a functional website and our content and services. The collection and use of our users’ personal data regularly only takes place with the user’s consent. An exception applies in 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 processing personal data
If we obtain the consent of the data subject for processing personal data, Article 6 Paragraph 1 Letter a of the EU General Data Protection Regulation (GDPR) serves as the legal basis. When processing personal data that is necessary to fulfill a contract to which the data subject is a party, Art. 6 Para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures. If the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Article 6 Paragraph 1 Letter c GDPR serves as the legal basis. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6 (1) (d) GDPR 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 Para. 1 lit. f GDPR serves as the legal basis for the processing.
3. Data deletion and storage period
The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage no longer applies. Storage can also take place if this has been provided for by the European or national legislator in EU regulations, laws or other regulations to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data to conclude or fulfill a contract.
C. Scope of processing personal data, purpose of processing
1. Provision of the website and creation of log files
a) Description and scope of data processing
Every 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:
- (1) Information about the browser type and version used
- (2) The user's operating system
- (3) The user's IP address
- (4) Date and time of access
- (5) Websites from which the user's system accesses our website
- (6) Websites that are accessed by the user's system via our website
The log files contain IP addresses or other data that enable assignment to a user. This could be the case, for example, if the link to the website from which the user accesses the website or the link to the website to which the user switches contains personal data. The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.
b) Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 Para. 1 lit. f GDPR.
c) Purpose of 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. To do this, the user's IP address must remain stored for the duration of the session. The data is stored in log files to ensure the functionality of the website. The data also serves us to optimize the website and to ensure the security of our information technology systems. The data will not be evaluated for marketing purposes in this context. These purposes also include our legitimate interest in data processing in accordance with Article 6 Paragraph 1 Letter f of the GDPR.
d) 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. If the data is collected to provide the website, this is the case when the respective session has ended. If the data is stored in log files, this is the case after seven days at the latest. Storage beyond this is possible. In this case, the users' IP addresses are deleted or altered so that it is no longer possible to assign the calling client.
e) Possibility of objection and removal
The collection of data to provide the website and the storage of the data in log files is absolutely necessary for the operation of the website. There is therefore no possibility for the user to object.
2. Contact form and email contact
1. Description and scope of data processing
There is a contact form on our website that can be used to contact us electronically. If a user takes advantage of this option, the data entered in the input mask will be transmitted to us and stored. This data is:
- (1) First name and last name
- (2) Email address
- (3) Message
At the time the message is sent, the following data is also stored:
- (1) The user's IP address
- (2) First name and last name
- (3) Date and time of sending
Your consent will be obtained for the processing of the data as part of the sending process and reference will be made to this data protection declaration. Alternatively, you can 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 is used exclusively for processing the conversation.
2. Legal basis for data processing
The legal basis for the processing of the data, if the user has given his consent, is Art. 6 Para. 1 lit. a GDPR.
The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 Para. 1 lit. f GDPR. If the e-mail contact is aimed at concluding a contract, the additional legal basis for the processing is Article 6 (1) (b) GDPR.
3. Purpose of data processing
The processing of the personal data from the input mask serves us solely to process the contact. If you contact us via email, this also represents the necessary legitimate interest in processing the data.
The other personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. 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 the personal data from the input mask of the contact form and those that were sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be seen from the circumstances that the matter in question has been finally 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 email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.
All personal data that was stored in the course of contacting us will be deleted in this case.
D. Rights of the data subject
If your personal data is processed, you are the data subject within the meaning of the GDPR and you have the following rights towards the person responsible:
1. Right to information
You can request confirmation from the person responsible as to whether personal data concerning you is being processed by us. If such processing occurs, you can request information from the person responsible about the following information:
- (1) the purposes for which the personal data are processed;
- (2) the categories of personal data that are processed;
- (3) the recipients or the categories of recipients to whom the personal data concerning you have been or will be disclosed;
- (4) the planned duration of storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
- (5) the existence of a right to rectification or deletion of the personal data concerning you, a right to restrict processing by the controller or a right to object to this processing;
- (6) the existence of a right to lodge a complaint with a supervisory authority;
- (7) all available information about the origin of the data if the personal data is not collected from the data subject;
- (8) the existence of automated decision-making including profiling in accordance with Article 22 Paragraphs 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 will be transferred to a third country or to an international organization. In this context, you can request to be informed about the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.
2. Right to rectification
You have the right to request correction and/or completion from the person responsible if the personal data processed concerning you is incorrect or incomplete. The person responsible must make the correction immediately.
3. Right to restriction of processing
You may request the restriction of the processing of personal data concerning you under the following conditions:
- (1) 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;
- (2) the processing is unlawful and you refuse the deletion of the personal data and instead request the restriction of the use of the personal data;
- (3) the person responsible no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
- (4) if you have lodged an objection to the processing in accordance with Article 21 Para. 1 GDPR and it is not yet clear whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of personal data concerning you has been restricted, this data - apart from its storage - may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of a important public interest of the Union or a Member State. If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the person responsible before the restriction is lifted.
4. Right to deletion
a) Obligation to delete
You can request that the person responsible delete the personal data concerning you immediately, and the person responsible is obliged to delete this data immediately 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 in accordance with Article 6 Paragraph 1 Letter a or Article 9 Paragraph 2 Letter a GDPR and there is no other legal basis for the processing .
- (3) You object to the processing in accordance with Art. 21 Para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing in accordance with Art. 21 Para. 2 GDPR a.
- (4) The personal data concerning you was processed unlawfully.
- (5) The deletion of the personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
- (6) The personal data concerning you was collected in relation to information society services offered in accordance with Art. 8 Para. 1 GDPR.
b) Information to third parties
If the person responsible has made the personal data concerning you public and is obliged to delete it in accordance with Article 17 Para. 1 GDPR, he will take appropriate measures, including technical ones, taking into account the available technology and the implementation costs to inform the data controllers who process the personal data that you, as the data subject, have requested them to delete all links to this personal data or copies or replications of this personal data.
c) Exceptions
The right to deletion does not exist if processing is necessary
- (1) to exercise the right to freedom of expression and information;
- (2) to fulfill a legal obligation which requires processing under Union or Member State law to which the controller is subject, or to carry out a task carried out in the public interest or in the exercise of official authority was transferred to the person responsible;
- (3) for reasons of public interest in the area of public health in accordance with Article 9 Paragraph 2 Letters h and i and Article 9 Paragraph 3 GDPR;
- (4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Article 89 (1) GDPR, insofar as the law mentioned under section a) is likely to make the achievement of the objectives of this processing impossible or serious impaired, or
- (5) to assert, exercise or defend legal claims.
5. Right to information
If you have asserted the right to rectification, deletion or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or deletion of the data or restriction of processing unless this proves to be impossible or involves disproportionate effort.
You have the right to be informed about these recipients by the person responsible.
6. Right to data portability
You have the right to receive the personal data concerning you that you have provided to the person responsible in a structured, common 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
- (1) the processing is based on consent in accordance with Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR or on a contract in accordance with Article 6 (1) (b) GDPR is based and
- (2) the processing takes place using automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one person responsible to another person responsible, to the extent that this is technically feasible. The freedoms and rights of other people must not be impaired 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.
7. Right to object
You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data, which is carried out on the basis of Article 6 (1) (e) or (f) of the GDPR; This also applies to profiling based on these provisions.
The person responsible will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If your personal data is processed for the purpose of direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; This also applies to profiling insofar as it is connected to such direct advertising.
If you object to processing for direct advertising purposes, your personal data will no longer be processed for these purposes.
In connection with the use of information society services - regardless of Directive 2002/58/EC - you have the opportunity to exercise your right to object using automated procedures that use technical specifications.
8. Right to revoke the data protection declaration of consent
You have the right to revoke your data protection declaration of consent at any time. The revocation of consent does not affect the lawfulness of the processing carried out based on the consent before its revocation.
9. Automated decision 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
- (1) is necessary for the conclusion or fulfillment of a contract between you and the person responsible,
- (2) is permitted by Union or Member State law to which the controller is subject and such law contains appropriate measures to safeguard your rights and freedoms and your legitimate interests or
- (3) takes place with your express consent.
However, these decisions may not be based on special categories of personal data according to Art. 9 Para. 1 GDPR, unless Art. 9 Para interests were met.
With regard to the cases mentioned in (1) and (3), the person responsible takes appropriate measures to protect the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the person responsible, to present the own point of view and to challenge 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 believe that the processing of your data concerns you personal data violates the GDPR.
The supervisory authority to which the complaint was submitted will inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy in accordance with Art. 78 GDPR.