Privacy policy

We are very pleased about your interest in our company. Data protection is a particularly high priority for the management of the Kuck Guesthouse. A use of the internet pages of the Kuck Guest House is basically possible without any indication of personal data. However, if a data subject wishes to make use of special services offered by our company via our website, it may be necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we generally obtain the consent of the person concerned.

The processing of personal data, for example the name, address, e-mail address or telephone number of a person concerned, is always carried out in accordance with the basic data protection regulation and in compliance with the country-specific data protection regulations applicable to Guest House Kuck. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, this privacy statement informs data subjects of their rights.

The Kuck Guesthouse, as the person responsible for processing, has implemented numerous technical and organizational measures to ensure the most complete protection possible of the personal data processed via this website. Nevertheless, Internet-based data transmissions may have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions

The data protection declaration of Guest House Kuck is based on the terms used by the European guidelines and regulations body when the basic data protection regulation (DS-GVO) was issued. Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms, among others, in this privacy policy:

• (a) personal data

Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as ‘data subject’). An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, a location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

• (b) the person concerned

Data subject means any identified or identifiable natural person whose personal data are processed by the controller.

• (c) Processing

Processing is any operation or set of operations, performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

• (d) Restriction on processing

Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

• (e) Profiling

Profiling is any 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 analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location.

• f) Pseudonymisation

Pseudonymisation 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 additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.

• (g) Controller or data controller

Controller or data controller shall mean the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union law or by the law of the Member States, provision may be made for the controller or for the specific criteria for his or her designation in accordance with Union law or the law of the Member States.

• (h) processors

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

• (i) Recipient

The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not it is a third party. However, authorities which may receive personal data in the context of a specific investigation mandate under Union or national law shall not be considered as recipients.

• j) Third party

Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.

• (k) Consent

Consent shall mean any freely given specific and informed expression of the data subject’s will in an informed and unequivocal manner, in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.

2. Name and address of the controller

Responsible in the sense of the data protection basic regulation, other data protection laws applicable in the member states of the European Union and other regulations with data protection character is that:

Gästehaus Kuck

Im Brand 50

52156 Monschau-Mützenich

Germany

Phone: +49 2472 802960

e-mail: info@gaestehaus-kuck.de

Website: www.gaestehaus-kuck.de

3. Collection of general data and information

The website of Kuck Guesthouse collects a number of general data and information with every call of the website by a person concerned or an automated system. This general data and information is stored in the log files of the server. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of an access to the Internet site, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information which serve to prevent danger in the event of attacks on our information technology systems.

When using these general data and information, Guest House Kuck does not draw any conclusions about the person concerned. This information is rather required to (1) deliver the contents of our website correctly, (2) optimize the contents of our website as well as the advertising for it, (3) ensure the permanent functionality of our information technology systems and the technology of our website as well as (4) to provide law enforcement agencies with the information necessary for prosecution in case of a cyber attack. These anonymously collected data and information are therefore statistically evaluated by the Kuck Guesthouse on the one hand and furthermore with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.

4. Contact possibility via the Internet site

Due to legal regulations, the internet site of the Kuck Guesthouse contains information that allows a quick electronic contact to our company as well as a direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). When a data subject contacts the controller by e-mail or by using a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis from a data subject to the controller are stored for the purposes of processing or for contacting the data subject. This personal data will not be passed on to third parties.

5. Routine deletion and blocking of personal data

The controller shall process and store personal data relating to the data subject only for the time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or by any other law or regulation to which the controller is subject.

If the purpose of storage ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.

6. Rights of the data subject

• (a) Right to confirmation

Every data subject has the right, granted by the European Directives and Regulations, to obtain confirmation from the controller as to whether personal data relating to him are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.

• (b) Right to information

Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain at any time and free of charge from the controller information on the personal data stored in relation to him or her and a copy thereof. In addition, the European Directives and Regulations have granted the data subject access to the following information:

• • the processing purposes
  • the categories of personal data processed
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or to international organisations
  • 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 of rectification or erasure of personal data relating to them or of a right of objection to their processing by the controller
  • the existence of a right of appeal to a supervisory authority
  • if the personal data are not collected from the data subject: All available information on the origin of the data
  • the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DPA and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject

The data subject shall also have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. Where this is the case, the data subject shall also have the right to obtain information on the appropriate guarantees in connection with the transfer.

If a data subject wishes to exercise this right of access, he or she may at any time contact an employee of the controller.

• (c) Right of rectification

Every person concerned by the processing of personal data has the right, granted by the European legislator, to request the rectification without delay of inaccurate personal data concerning him. The data subject shall also have the right to obtain the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing.

If a data subject wishes to exercise this right of rectification, he or she may at any time contact a member of staff of the controller.

• d) Right of cancellation (right to be forgotten)

Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate erasure of personal data relating to him/her, where one of the following reasons applies and provided that the processing is not necessary:

• • The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
  • The data subject shall withdraw his or her consent to the processing, which is referred to in Article 6(6). 1 letter a DS-GVO or Art. 9 para. 2(a) of the DS-BER and there is no other legal basis for the processing.
  • The data subject shall submit, in accordance with Article 21(2) 1 DS-GVO objects to the processing and there are no overriding legitimate reasons for the processing, or the data subject submits an objection in accordance with Art. 21 para. 2 DS-GVO objected to the processing.
  • The personal data were processed unlawfully.
  • The deletion of personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
  • The personal data has been collected in relation to the information society services offered, in accordance with art. 8, paragraph 1. 1 DS-GVO levied.

If one of the above reasons applies and a data subject wishes to have personal data stored at the Gästehaus Kuck deleted, he/she may contact an employee of the data controller at any time. The employee of the Kuck Guesthouse will arrange that the request for deletion is immediately complied with.

If the personal data has been made public by Kuck Guesthouse and our company is responsible according to article 17 paragraph. 1 DS-GVO requires the deletion of personal data, Guest House Kuck will take reasonable measures, including technical measures, taking into account the available technology and implementation costs, to inform other data controllers who process the published personal data that the data subject has requested that these other data controllers delete all links to this personal data or copies or replications of this personal data, unless the processing is necessary. The employee of the Kuck Guesthouse will arrange the necessary in individual cases.

• (e) Right to limit processing

Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to request the controller to restrict the processing if one of the following conditions is met:

• • The accuracy of the personal data is contested by the data subject, for a period of time that allows the controller to verify the accuracy of the personal data.
  • The processing is unlawful, the data subject refuses to have the personal data deleted and instead requests that the use of the personal data be restricted.
  • The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them for the purpose of exercising or defending legal claims.
  • The data subject has lodged an objection to the processing in accordance with Article 5(1). Article 21(2) 1 DS-GVO has been lodged and it is not yet clear whether the legitimate reasons of the person responsible outweigh those of the person concerned.

If one of the above-mentioned conditions is given and a person concerned wishes to request the restriction of personal data stored at Kuck Guesthouse, he/she can contact an employee of the data controller at any time. The employee of the Kuck Guesthouse will arrange for the restriction of the processing.

• (f) Right to data portability

Every person concerned by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her which have been provided by the data subject to a controller in a structured, common and machine-readable format. He/she also has the right to have these data communicated to another controller without interference from the controller to whom the personal data have been made available, provided that the processing is based on the consent provided for in Article 6, paragraph 6. 1 letter a DS-GVO or Art. 9 para. 2(a) of the DS Block Exemption Regulation or on a contract pursuant to Article 6(6) 1 letter b) of the DPA and the processing is carried out by means of automated procedures, unless the 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.

Furthermore, in exercising his right to data transferability, the data subject shall, in accordance with Article 20(2) 1 DS-GVO the right to obtain that personal data be transferred directly from one person responsible to another, insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other persons.

In order to assert the right to data transferability, the person concerned can contact an employee of the Kuck Guesthouse at any time.

• (g) Right of appeal

Every person concerned by the processing of personal data has the right, granted by the European legislator, to object at any time, for reasons arising from his particular situation, to the processing of personal data concerning him which is carried out pursuant to Article 6(6) of the Directive and Regulation. 1(e) or (f) of the DS-GVO, an objection must be lodged. This also applies to profiling based on these provisions.

In case of objection, Guest House Kuck will no longer process personal data, unless we can prove compelling reasons for processing worthy of protection, which outweigh the interests, rights and freedoms of the person concerned, or the processing serves the assertion, exercise or defense of legal claims.

If Guest House Kuck processes personal data for the purpose of direct marketing, the person concerned has the right to object at any time to the processing of personal data for the purpose of such marketing. This also applies to profiling, insofar as it is associated with such direct mail. If the person concerned contradicts the processing for the purpose of direct marketing to Gästehaus Kuck, Gästehaus Kuck will no longer process the personal data for these purposes.

In addition, the person concerned has the right to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out at Kuck Guesthouse for the purpose of scientific or historical research or for statistical purposes, in accordance with Art. 89, Par. 1 DS-GVO, unless such processing is necessary for the performance of a task in the public interest.

In order to exercise the right of objection, the person concerned can directly contact any employee of Kuck Guesthouse or any other employee. The data subject shall also be free to exercise his right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.

• (h) Automated case-by-case decisions including profiling

Every person concerned by the processing of personal data has the right, as granted by the European Directives and Regulations, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or national legislation to which the controller is subject and that such legislation provides for adequate safeguards of the rights and freedoms and legitimate interests of the data subject, or (3) is taken with the explicit consent of the data subject.

If the decision (1) is necessary for the conclusion or the fulfillment of a contract between the data subject and the responsible person or (2) is made with the explicit consent of the data subject, Kuck Guesthouse Kuck will take reasonable measures to protect the rights and freedoms as well as the legitimate interests of the data subject, which at least include the right to obtain the intervention of a person on the part of the responsible person, to present his or her own standpoint and to contest the decision.

If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact a member of staff of the controller.

• i) Right to revoke a data protection consent

Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Giver, to revoke his or her consent to the processing of personal data at any time.

If the data subject wishes to exercise his or her right to withdraw consent, he or she may at any time contact an employee of the controller.

7. Privacy policy on the use and application of Google Analytics (with anonymisation function)

The person responsible for processing has integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, collection and evaluation of data on the behaviour of visitors to websites. Among other things, a web analysis service collects data on which Internet page a person concerned came to an Internet page from (so-called referrers), which sub-pages of the Internet page were accessed or how often and for how long a subpage was viewed. A web analysis is mainly used for the optimization of a website and for cost-benefit analysis of internet advertising.

The operating company of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

The data controller uses the addition “_gat._anonymizeIp” for web analysis via Google Analytics. By means of this addition, the IP address of the Internet connection of the person concerned is shortened and anonymised by Google if the access to our Internet pages is from a member state of the European Union or from another state that is a party to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is the analysis of visitor flows on our website. Google uses the data and information obtained to evaluate the use of our website, among other things, to compile online reports for us that show the activities on our website, and to provide other services related to the use of our website.

Google Analytics sets a cookie on the information technology system of the person concerned. What cookies are has already been explained above. By setting the cookie, Google is able to analyse the use of our website. Each time one of the individual pages of this website, which is operated by the data controller and on which a Google Analytics component has been integrated, is called up, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. In the course of this technical procedure, Google receives knowledge of personal data, such as the IP address of the person concerned, which Google uses, among other things, to trace the origin of visitors and clicks and subsequently to enable commission settlements.

The cookie is used to store personal information, such as the time of access, the location from which access was made and the frequency of visits to our website by the person concerned. Whenever you visit our website, this personal data, including the IP address of the Internet connection used by the person concerned, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical process to third parties.

The person concerned can prevent the setting of cookies by our website, as already described above, at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a cookie on the information technology system of the person concerned. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.

Furthermore, the data subject has the opportunity to object to and prevent the collection of data generated by Google Analytics and relating to the use of this website and the processing of this data by Google. To do this, the person concerned must download and install a browser add-on from the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information about visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is considered by Google as a contradiction. If the data subject’s information technology system is deleted, formatted or reinstalled at a later date, the data subject must reinstall the browser add-on in order to deactivate Google Analytics. If the Browser Add-On is uninstalled or deactivated by the person concerned or another person who is part of their sphere of control, it is possible to reinstall or reactivate the Browser Add-On.

Further information and Google’s applicable privacy policy can be found at https://www.google.de/intl/de/policies/privacy/ and http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link https://www.google.com/intl/de_de/analytics/.

8. Legal basis of the processing

Art. 6 I lit. a DS-GVO serves our company as a 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, such as processing operations necessary for the supply of goods or any other supply of services or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations which are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes the processing of personal data necessary, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data might be necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were to be injured and his name, age, health insurance details or other vital information were then to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, unless the interests, fundamental rights and freedoms of the data subject are overridden. Such processing operations are allowed in particular because they have been specifically mentioned by the European legislator. In this respect, he took the view that a legitimate interest could be assumed if the person concerned is a customer of the person responsible (recital 47 sentence 2 DS-GVO).

9. legitimate interests in the processing pursued by the controller or by a third party

Is the processing of personal data based on Article 6 I lit. f DS-GVO, our legitimate interest is to conduct our business activities for the benefit of the well-being of all our employees and our shareholders.

10. Duration for which the personal data are stored

The criterion for the duration of storage of personal data is the respective legal retention period. After expiry of the deadline, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment of the contract or the initiation of the contract.

11. Legal or contractual provisions making the personal data available; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data

We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a person concerned provides us with personal data, which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before the person concerned provides personal data, he/she must contact one of our employees. Our employee informs the person concerned 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 the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.

12. Existence of automated decision making

As a responsible company, we avoid automatic decision making or profiling.

This data protection declaration was created by the data protection declaration generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as External Data Protection Commissioner Straubing, in cooperation with the Anwalt für Datenschutzrecht Christian Solmecke.