DATA PROTECTION

This data protection clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as data) within our online offer and the associated websites, functions and content as well as external online presences, such as our Social Media Profile (hereinafter referred to collectively as online offer). With regard to the terms used, e.g. processing or person responsible, we refer to the definitions in Art. 4 of the Basic Data Protection Regulation (DSGVO).

Person in charge

Eva Brütting
Apartments Boarlehof
Brauhausstr. 9
82467 Garmisch-Partenkirchen
Germany

E-Mail: info@boarlehof.de

View Imprint >


Types of data processed
– Inventory data (for example, names, addresses).
– Contact data (e.g., e-mail, telephone numbers).
– Content data (e.g., text input, photographs, videos).
– Usage data (e.g., websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).


Categories of data subjects

Visitors and users of the online offer (hereinafter referred to collectively as “users”).


Purpose of processing

– Provision of the online offer, its functions and contents.
– Answering contact requests and communicating with users.
– Security measures.
– Range measurement/Marketing


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

‘Processing’ means any operation or set of operations which is carried out with or without the aid of automated processes and involves personal data. The term is broad and covers practically every handling of data.

‘Pseudonymisation’  means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.

‘Profiling’ means 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 the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movements of that natural person.

The ‘controller’ is the natural or legal person, public authority, agency or other body which alone or jointly with others decides on the purposes and means of the processing of personal data.

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


Applicable legal bases
In accordance with Art. 13 DSGVO we inform you about the legal basis of our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing to fulfil our services and carry out contractual measures as well as answer inquiries is Art. 6 para. 1 lit. b DSGVO, the legal basis for processing to fulfil our legal obligations is Art. 6 para. 1 lit. c DSGVO, and the legal basis for processing to safeguard our legitimate interests is Art. 6 para. 1 lit. f DSGVO. In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.


Security measures
In accordance with Art. 32 DSGVO, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, the implementation costs and the nature, extent, circumstances and purposes of the processing as well as the different probability of occurrence and severity of the risk to the rights and freedoms of natural persons.

Such measures shall include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to, access to, inputting, disclosure, securing and separation of data. In addition, we have established procedures to ensure the exercise of data subjects’ rights, the deletion of data and the response to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 DSGVO).


Cooperation with contract processors and third parties
Insofar as we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transfer them to them or otherwise grant them access to the data, this shall only take place on the basis of legal permission (e.g. if a transfer of the data to third parties, such as payment service providers, pursuant to Art. 6 Para. 1 lit. b DSGVO is necessary for the performance of the contract), if you have consented to this, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we commission third parties with the processing of data on the basis of a so-called ‘contract processing agreement’, this is done on the basis of Art. 28 DSGVO.


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 the use of third-party services or disclosure or transfer of data to third parties, this will only occur if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the data to be processed in a third country only if the special requirements of Art. 44 ff. of the German Data Protection Act are met. DSGVO. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to the EU (e.g. for the USA by the ‘Privacy Shield’) or compliance with officially recognised special contractual obligations (so-called ‘standard contractual clauses’).


Rights of data subjects
You have the right to request confirmation as to whether the data in question will be processed and to be informed of this data and to receive further information and a copy of the data in accordance with Art. 15 DSGVO.

You have accordingly. In accordance with Art. 16 DSGVO, you have the right to request the completion of data concerning you or the rectification of incorrect data concerning you.

Pursuant to Art. 17 DSGVO, you have the right to demand that the data concerned be deleted immediately or, alternatively, to demand that the processing of the data be restricted pursuant to Art. 18 DSGVO.

You have the right to demand that the data concerning you which you have provided to us be received in accordance with Art. 20 DSGVO and that it be transferred to other responsible parties.

Pursuant to Art. 77 DSGVO, you also have the right to file a complaint with the competent supervisory authority.


Right of withdrawal
They have the right to revoke consents granted pursuant to Art. 7 para. 3 DSGVO with effect for the future.


Right of objection
You may object at any time to the future processing of the data concerning you in accordance with Art. 21 DSGVO. In particular, you may object to the processing of your data for the purposes of direct marketing.


Cookies and right of objection in the case of direct advertising
‘Cookies’ are small files that are stored on users’ computers. Different data can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after the user’s visit to an online service. Temporary cookies, or ‘session cookies’ or ‘transient cookies’, are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the content of a shopping cart in an online shop or a login status can be stored. Cookies are referred to as ‘permanent’ or ‘persistent’ and remain stored even after the browser has been closed. For example, the login status can be saved if users visit it after several days. The interests of the users can also be stored in such a cookie, which are used for range measurement or marketing purposes. Third party cookies’ are cookies offered by providers other than the person responsible for operating the online service (otherwise, if they are only the latter’s cookies, they are referred to as ‘first party cookies’).

We may use temporary and permanent cookies and explain this in our privacy policy.

If users do not wish cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of your browser. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies for the purposes of online marketing can be explained for a large number of services, especially in the case of tracking, via the US website ‘http://www.aboutads.info/choices/oder the EU website ‘http://www.youronlinechoices.com/’. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that in this case not all functions of this online offer can be used.


Deletion of data
The data processed by us will be deleted or their processing restricted in accordance with Art. 17 and 18 DSGVO. Unless expressly stated in the context of this data protection declaration, the data stored by us will be deleted or the processing restricted.


Business-related processing
Additionally we process
– Contract data (for example, contract object, duration, customer category).
– Payment data (e.g., bank details, payment history)
by our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.


Contractual services
We process the data of our contractual partners and interested parties as well as other clients, customers, clients, clients or contractual partners (uniformly referred to as ‘contractual partners’) in accordance with Art. 6 Para. 1 lit. b. DSGVO in order to provide them with our contractual or pre-contractual services. The data processed, the type, scope and purpose and the necessity of their processing are determined by the underlying contractual relationship.

The processed data include the master data of our contractual partners (e.g., names and addresses), contact data (e.g. e-mail addresses and telephone numbers) as well as contract data (e.g., services used, contract contents, contractual communication, names of contact persons) and payment data (e.g., bank details, payment history).

We do not process any special categories of personal data, unless they are part of a commissioned or contractual processing.

We process data which are necessary for the justification and fulfilment of the contractual services and point out the necessity of their indication, if this is not evident for the contracting parties. Disclosure to external persons or companies will only take place if it is necessary within the framework of a contract. When processing the data provided to us within the framework of an order, we act in accordance with the instructions of the client and the legal requirements.

Within the scope of using our online services, we can save the IP address and the time of the respective user action. The storage takes place on the basis of our justified interests, as well as the interests of the users in the protection from abuse and other unauthorized use. A passing on of these data to third parties does not take place in principle, unless it is necessary for the pursuit of our claims according to art. 6 para. 1 lit. f. DSGVO is necessary or there is a legal obligation to do so pursuant to Art. 6 Para. 1 lit. c. DSGVO.

The data will be deleted if the data is no longer required for the fulfilment of contractual or statutory duties of care and for the handling of any warranty and comparable obligations, whereby the necessity of storing the data is reviewed every three years; otherwise the statutory duties of storage apply.


Administration, Financial Accounting, Office Organization, Contact Management
We process data in the context of administrative tasks as well as the organisation of our business, financial accounting and compliance with legal obligations, such as archiving. Here we process the same data that we process within the scope of providing our contractual services. The processing bases are Art. 6 para. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in the administration, financial accounting, office organization, archiving of data, i.e. tasks which serve the maintenance of our business activities, performance of our tasks and provision of our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the data specified in these processing activities.

We disclose or transmit data to the financial administration, consultants, such as tax consultants or auditors, as well as other fee offices and payment service providers.

Furthermore, on the basis of our business interests, we store information on suppliers, organisers and other business partners, e.g. for the purpose of establishing contact at a later date. This data, which is mainly company-related, is stored permanently.


Contact us
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user’s details are used to process the contact enquiry and to process it in accordance with Art. 6 Para. 1 lit. b. of the German Data Protection Act. (within the framework of contractual/pre-contractual relationships), Art. 6 Para. 1 lit. f. (other inquiries) DSGVO processed… The user data can be stored in a customer relationship management system (“CRM system”) or comparable inquiry organization.

We delete the requests if they are no longer necessary. We check the necessity every two years; furthermore, the legal archiving obligations apply.


Hosting and e-mail dispatch
The hosting services used by us serve the provision of the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services and technical maintenance services which we use for the purpose of operating this online service.

Here we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors to this online service on the basis of our legitimate interests in the efficient and secure provision of this online service in accordance with Art. 6 Para. 1 lit. f DSGVO in connection with Art. 28 DSGVO (conclusion of an order processing contract).


Collection of access data and log files
We, and/or our Hostinganbieter, raise on basis of our entitled interests in the sense of the art. 6 Abs. 1 lit. f. DSGVO collects data on each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.

Log file information is stored for security reasons (e.g. to clarify abuse or fraud actions) for a maximum period of 7 days and then deleted. Data, the further storage of which is necessary for evidence purposes, are excluded from deletion until the respective incident has been finally clarified.


Online presences in social media
We maintain online presences within social networks and platforms in order to be able to communicate with customers, interested parties and users active there and to inform them about our services.

We would like to point out that user data may be processed outside the European Union. This can result in risks for users, as it could, for example, make it more difficult to enforce the rights of users. With regard to US providers that are certified under the Privacy Shield, we would like to point out that by doing so they commit themselves to comply with EU data protection standards.

In addition, user data is usually processed for market research and advertising purposes. For example, user profiles can be created on the basis of user behavior and the resulting interests of users. The usage profiles can in turn be used, for example, to place advertisements inside and outside the platforms that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the user’s computer in which the user’s usage behaviour and interests are stored. Furthermore, data can also be stored in the user profiles independently of the devices used by the users (in particular if the users are members of the respective platforms and are logged in to them).

The processing of the personal data of the users takes place on the basis of our legitimate interests in effective information of the users and communication with the users in accordance with Art. 6 Para. 1 letter f. DSGVO. If the users are asked by the respective providers for their consent to data processing (i.e. declare their consent e.g. by ticking a checkbox or confirming a button), the legal basis for processing is Art. 6 para. 1 lit. a., Art. 7 DSGVO.

For a detailed description of the respective processing operations and the opt-out options, please refer to the following linked information provided by the providers.

Also in the case of requests for information and the assertion of user rights, we point out that these can be asserted most effectively with the providers. Only the providers have access to the data of the users and can directly take appropriate measures and give information. Should you nevertheless need help, you can contact us.

– Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland) – Datenschutzerkl?rung: ‘https://www.facebook.com/about/privacy/, Opt-Out: ‘https://www.facebook.com/settings?tab=ads’und ‘http://www.youronlinechoices.com, Privacy Shield:’https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.

– Google/ YouTube (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) ? Datenschutzerklärung: ‘https://policies.google.com/privacy, Opt-Out: ‘https://adssettings.google.com/authenticated, Privacy Shield: ‘https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.

– Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) – Datenschutzerklärung/ Opt-Out:?http://instagram.com/about/legal/privacy/.

– Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) – Datenschutzerklärung: ‘https://twitter.com/de/privacy, Opt-Out: ‘https://twitter.com/personalization, Privacy Shield: ‘https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active.

– Pinterest (Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA) – Datenschutzerklärung/ Opt-Out: ‘https://about.pinterest.com/de/privacy-policy.

– LinkedIn (LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Irland) – Datenschutzerklärung ‘https://www.linkedin.com/legal/privacy-policy‘, Opt-Out: ‘https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out, Privacy Shield: ‘https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active.

– Xing (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Deutschland) – Datenschutzerklärung/ Opt-Out: ‘https://privacy.xing.com/de/datenschutzerklaerung.

– Wakalet (Wakelet Limited, 76 Quay Street, Manchester, M3 4PR, United Kingdom) – Datenschutzerklärung/ Opt-Out: ‘https://wakelet.com/privacy.html.


Integration of third-party services and content
Within the scope of our online offer, we act on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. of the German Civil Code). DSGVO) content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as ‘content’).

This always presupposes that the third-party providers of this content perceive the IP address of the user, since they would not be able to send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We make every effort to use only those contents whose respective providers only use the IP address to deliver the contents. Third party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. Pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain, among other things, technical information about the browser and operating system, referring web pages, visit times and other information about the use of our online services, as well as may be linked to such information from other sources.


Google Fonts
We integrate the fonts (“Google Fonts”) of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Statement: ‘https://www.google.com/policies/privacy/, Opt-Out: ‘https://adssettings.google.com/authenticated.


Use of Facebook Social Plugins

On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer in the sense of Art. 6 Para. 1 lit. f. of the German Civil Code), we make use of the information provided on this website. DSGVO) Social Plugins (“Plugins”) of the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”).
This may include, for example, content such as images, videos or text and buttons with which users can share content from this online service within Facebook. The list and appearance of the Facebook Social Plugins can be viewed here:  ‘https://developers.facebook.com/docs/plugins/

Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

When a user calls up a function of this online service that contains such a plugin, his device establishes a direct connection with Facebook’s servers. The content of the plugin is transmitted directly from Facebook to the user’s device and integrated into the online service by the user. User profiles can be created from the processed data. We therefore have no influence on the extent of the data that Facebook collects with the help of this plugin and therefore inform the user according to our state of knowledge.

By integrating the plugins, Facebook receives the information that a user has called up the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his Facebook account. When users interact with the plugins, for example by clicking the Like button or commenting, the corresponding information is transferred directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to find out his IP address and save it. According to Facebook, only an anonymous IP address is stored in Germany.

The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as the relevant rights and setting options to protect the privacy of users can be found in Facebook’s data protection information: ‘https://www.facebook.com/about/privacy/.

If a user is a Facebook member and does not want Facebook to collect data about him or her via this online service and link it with his or her member data stored on Facebook, he or she must log out of Facebook before using our online service and delete his or her cookies. 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 page ‘http://www.aboutads.info/choices/‘ or the EU page ‘http://www.youronlinechoices.com/‘. The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.

Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke