This data protection declaration informs you about the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within this online offer and external online presences as well as about the data processing within the scope of a contractual relationship regarding a vacation apartment.
Owner: Kirsten Mauer
Address: Moselstraße 57, 53909 Zülpich
The legislator requires that personal data be processed in a lawful manner, in good faith and in a way that is comprehensible to the data subject (“lawfulness, processing in good faith, transparency”).
- “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 (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- “Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means. The term is broad and encompasses virtually any handling of data.
- Controller” means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
For further definitions, I refer to Article 4 of the General Data Protection Regulation (GDPR) and to Section 2 of the national Federal Data Protection Act (BDSG).
Lawfulness of processing
The processing of personal data is only lawful if there is a legal basis for the processing. The legal basis for the processing may be Article 6 para. 1 lit. a – f GDPR shall be in particular:
- The data subject has given his/her consent to the processing of personal data concerning him/her for one or more specific purposes;
- the processing is necessary for the performance of a contract to which the data subject is party or for the implementation of pre-contractual measures taken at the data subject’s request;
- processing is necessary for compliance with a legal obligation to which the controller is subject;
- the processing is necessary in order to protect the vital interests of the data subject or another natural person;
- processing 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;
- processing is necessary for the purposes of the legitimate interests of the controller or of a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Collection of personal data when visiting our website
Data that your browser transmits to our server
In the case of merely informational use of the website, i.e. if you do not register or otherwise transmit information to us, we only collect the personal data that your browser transmits to our server.
If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security (legal basis is Art. 6 para. 1 p. 1 lit. f DSGV):
- IP address
- Date and time of the request
- Time zone difference from Greenwich Mean Time (GMT)
- Content of the request (concrete page)
- Access status/HTTP status code
- Data volume transferred in each case
- Website from which the request comes
- Operating system and its interface
- Language and version of the browser software.
In addition to the previously mentioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive associated with the browser you are using and through which certain information flows to the entity that sets the cookie. Cookies cannot execute programs or transfer viruses to your computer. They serve to make the Internet offer as a whole more user-friendly and effective.
You can also configure your browser setting according to your preferences and, for example, refuse to accept third-party cookies or all cookies. So-called “third party cookies” are cookies set by a third party, thus not by the actual website you are currently visiting. We would like to point out that by deactivating cookies you may not be able to use all the functions of this website.
This website uses the following types of cookies, the scope and functionality of which are explained below:
In addition to the purely informational use of our website, we offer various services that you can use if you are interested.
For this purpose, you will usually have to provide additional personal data that we use to provide the respective service and to which the aforementioned data processing principles apply.
If you contact us by e-mail or via a contact form, the data you provide (your e-mail address, name and telephone number, if applicable) will be stored by us in order to answer your questions. We delete the data accruing in this context after storage is no longer necessary, or processing is restricted if there are legal obligations to retain data. The legal basis is Art. 6 para. 1 lit. b) DSGVO processed.
We delete the requests if they are no longer necessary. We review the necessity every two years; Furthermore, the legal archiving obligations apply.
To make a booking it is necessary to provide your contact information.
Therefore, when making a reservation or booking request through the corresponding online form, you must fill in the fields marked with an asterisk, as well as data related to the booking (e.g. period of stay).
In addition, we store your booking date and time.
The data you provide on our website, including any notes, are personal data and are processed and used by us to ensure the processing of the booking and the provision of the requested service. We also use your data to provide you with relevant information regarding the booking or during your stay.
When booking by e-mail or telephone, the above applies accordingly. When booking via an external portal such as Airbnb, the GTCs and data protection declarations there also apply.
Arrival and stay at the cottage
According to the German registration law (§§ 29, 30 BMG) every guest has to fill in and sign a registration form. The registration form is clearly visible in the cottage. Please fill out and sign the registration form upon arrival. Hosts are obliged to keep the guests’ registration certificates, to present them to the competent registration authority upon request and to destroy them after 15 months at the latest (Section 30 (4) BMG).
Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks as well as organization of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the course of providing our contractual services. The processing bases are Art. 6 para. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. GDPR.
The purpose and our interest in the processing lie in the administration, financial accounting, office organization, archiving of data, i.e. tasks that serve the maintenance of our business activities, performance of our tasks and provision of our services. The cancellation of the data with regard to contractual services and contractual communication corresponds to the data mentioned in these processing activities.
In this context, we disclose or transmit data to the tax authorities, advisors, such as tax consultants or auditors, as well as other fee offices and payment service providers.
Furthermore, we store information on suppliers, event organizers and other business partners on the basis of our business interests, e.g. for the purpose of contacting them at a later date. We store this data, which is mostly company-related, permanently.
Relevant legal bases
In accordance with Art. 13 DSGVO, we inform you about the legal basis of our data processing.
The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing for the fulfillment of our services and implementation of contractual measures as well as answering inquiries is Art. 6 para. 1 lit. b DSGVO, the legal basis for processing to fulfill our legal obligations is Art. 6 para. 1 lit. c DSGVO, and the legal basis for processing to protect our legitimate interests is Art. 6 para. 1 lit. f GDPR.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO as the legal basis.
Our offer is basically aimed at adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians.
Rights of the data subject
- Revocation of consent
If the processing of personal data is based on a granted consent, you have the right to revoke the consent at any time. The revocation of consent shall not affect the lawfulness of the processing carried out on the basis of the consent until the revocation. To exercise the right of withdrawal, you can contact us at any time.
- Right to confirmation
You have the right to request confirmation from the controller as to whether we are processing personal data relating to you. You can request confirmation at any time using the contact details above.
- Right to information
If personal data is processed, you can request information about this personal data and about the following information at any time:
- the purposes of processing;
- the categories of personal data that are processed;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations;
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
- the existence of a right to rectification or erasure of personal data concerning you or to restriction of processing by the controller or a right to object to such processing;
- the existence of a right of appeal to a supervisory authority;
- if the personal data are not collected from the data subject, any available information on the origin of the data;
- the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
- If personal data is transferred to a third country or to an international organization, you have the right to be informed about the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer. We will provide a copy of the personal data that is the subject of the processing. For any additional copies you request person, we may charge a reasonable fee based on administrative costs. If you make the request electronically, the information must be provided in a common electronic format, unless it specifies otherwise. The right to receive a copy under paragraph 3 shall not affect the rights and freedoms of other persons.
- Right to rectification
You have the right to request that we rectify any inaccurate personal data relating to you without undue delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data – also by means of a supplementary declaration.
- Right to erasure (“right to be forgotten”)
You have the right to require the controller to delete personal data concerning you without undue delay and we are obliged to delete personal data without undue delay if one of the following reasons applies:
- The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
- The data subject revokes the consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been processed unlawfully.
- The deletion of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
- The personal data was collected in relation to information society services offered pursuant to Article 8(1) DSGVO.
If the controller has disclosed the personal data to the public and is obliged to erase it pursuant to paragraph 1, 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 a data subject has requested that they erase all links to or copies or replications of such personal data.
The right to erasure does not exist insofar as the processing is necessary:
- to exercise the right to freedom of expression and information;
- 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;
- for reasons of public interest in the field of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
- 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 paragraph 1 is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or
- for the assertion, exercise or defense of legal claims.
- Right to restrict processing
You have the right to request us to restrict the processing of your personal data if one of the following conditions is met:
- 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 refuses the erasure of the personal data and instead requests the restriction of the use of the personal data;
- the controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the establishment, exercise or defense of legal claims, or
- the data subject has objected to the processing pursuant to Article 21(1) of the GDPR, as long as it is not yet established whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted in accordance with the above conditions, such personal data shall – apart from being stored – only be processed with the consent of the data subject 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 substantial public interest of the Union or a Member State.
In order to exercise the right to restrict the processing, the data subject may contact us at any time using the contact details provided above.
- Right to data portability
You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format, and you have the right to transfer 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) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b) DSGVO and
- the processing is carried out with the help of automated procedures.
When exercising the right to data portability pursuant to paragraph 1, you have the right to obtain that the personal data be transferred directly from one controller to another controller, to the extent that this is technically feasible. The exercise of the right to data portability does not affect the right to erasure (“right to be forgotten”). This right does not apply to processing 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 of objection
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions. The controller shall no longer process the personal data, unless he can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.If personal data are processed for the purposes of direct marketing, you have the right to object at any time to processing of personal data concerning you for the purposes 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 will no longer be processed for these purposes. In connection with the use of information society services, notwithstanding Directive 2002/58/EC, you may exercise your right to object by means of automated procedures using technical specifications. You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1), unless the processing is necessary for the performance of a task carried out in the public interest.You may exercise the right to object at any time by contacting the relevant controller.
- Automated decisions 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 the conclusion or performance of a contract between the data subject and the controller,
- is permitted by Union or Member State legislation to which the controller is subject and that legislation contains appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or
- takes place with the express consent of the data subject.
The controller shall take reasonable steps to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which shall include, 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.
The data subject may exercise this right at any time by contacting the respective data controller.
- Right to complain to a supervisory authority
They shall also have the right, without prejudice to any other administrative or judicial remedy, to lodge a complaint with a supervisory authority, in particular in the Member State of their residence, place of work or the place of the alleged infringement, if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.
- Right to effective judicial remedy
They shall have the right to an effective judicial remedy, without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, if they consider that their rights under this Regulation have been infringed as a result of the processing of their personal data not in compliance with this Regulation.
Processors and other third parties, hosting
The locksmith Simon-Voss stores the PIN data of the access locks, the entry times and PIN combinations for a period of time necessary for technical security. Names and other personal data of the guests are not transmitted to Simon-Voss.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using third-party services or disclosing or transferring data to third parties, this will only be done if it is done to fulfill our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the processing of data in a third country only if the special requirements of Art. 44 et seq. DSGVO are met. This means, for example, that processing is carried out on the basis of special guarantees, such as the officially recognized determination of a level of data protection that corresponds to that of the EU (e.g., for the USA through the “Privacy Shield” or an adequacy decision of the EU) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).