Data protection introduction
With the following data protection declaration, we would like to explain to you which types of your personal data (hereinafter also referred to as "data") we process for which purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both within the framework of the provision of our services and, in particular, on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as "online offer").
The terms used are not gender specific.
As of May 19, 2020
Table of Contents
• Introduction
• Responsible
• Overview of processing
• Relevant legal bases
• Safety measures
• Transfer and Disclosure of Personal Information
• Data processing in third countries
• Use of cookies
• Payment Service Provider
• Provision of the online offer and web hosting
• Communication via Messenger
• Presences in social networks (social media)
• Deletion of data
• Modifying and updating the privacy policy
• Rights of data subjects
• Definitions of terms
Responsible
Jasmin Brandstätter / Cafe Romantic
Hauptstr.165
69117 Heidelberg /Germany
Email address: info@cafe-romantic-heidelberg.de
Imprint: www.cafe-romantic-heidelberg.de
Overview of processing
The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.
Types of data processed
• Inventory data (eg names, addresses).
• Content data (e.g. text input, photographs, videos).
• Contact information (e.g. email, phone numbers).
• Meta/communication data (eg device information, IP addresses).
• Usage data (e.g. websites visited, interest in content, access times).
• Contract data (e.g. subject of the contract, term, customer category).
• Payment data (e.g. bank details, invoices, payment history).
Categories of data subjects
• Interested persons.
• Communication partner.
• Customers.
• Users (eg website visitors, users of online services).
purposes of processing
• Affiliate Tracking.
• Direct marketing (e.g. by e-mail or post).
• Contact Requests and Communications.
• Remarketing.
• Reach measurement (e.g. access statistics, recognition of returning visitors).
• Tracking (e.g. interest/behavioural profiling, use of cookies).
• Contractual Benefits and Service.
Relevant legal bases
In the following we inform you about the legal basis of the General Data Protection Regulation (GDPR), on the basis of which we process the personal data. Please note that in addition to the regulations of the GDPR, the national data protection regulations in your or our country of residence and domicile may apply. If more specific legal bases are relevant in individual cases, we will inform you of them in the data protection declaration.
• Consent (Art. 6 Para. 1 S. 1 lit. a GDPR) - The person concerned has given their consent to the processing of their personal data for a specific purpose or several specific purposes.
• Fulfillment of contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b. GDPR) - The processing is necessary for the fulfillment of a contract to which the data subject is a party, or for the implementation of pre-contractual measures that are required at the request of the data subject person.
• Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR) - Processing is necessary to safeguard the legitimate interests of the person responsible or a third party, unless the interests or fundamental rights and freedoms of the data subject who protect require personal data prevail.
Safety measures
We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons to ensure a level of protection appropriate to the risk.
The measures include, in particular, securing the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as access, input, disclosure, securing availability and their separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, the deletion of data and reactions to data threats. Furthermore, we already take the protection of personal data into account during the development or selection of hardware, software and processes in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.
Transfer and Disclosure of Personal Data
As part of our processing of personal data, it may happen that the data is transmitted to other bodies, companies, legally independent organizational units or persons or that it is disclosed to them. The recipients of this data can include, for example, payment institutions in the context of payment transactions, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such a case, we observe the legal requirements and, in particular, conclude appropriate contracts or agreements with the recipients of your data that serve to protect your data.
Data processing in third countries
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or the processing within the framework of the use of third-party services or the disclosure or transmission of data to other persons, bodies or companies takes place, this is only done in accordance with the legal requirements.
Subject to express consent or contractually or legally required transmission, we only process or pass the data in third countries with a recognized level of data protection, which includes the US processors certified under the "Privacy Shield", or on the basis of special guarantees, such as contractual obligations so-called standard protection clauses of the EU Commission, the existence of certifications or binding internal data protection regulations (Art. 44 to 49 DSGVO, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data -protection/international-dimension-data-protection_de ).
Use of cookies
Cookies are text files containing data from visited websites or domains and are stored by a browser on the user's computer. A cookie is primarily used to store information about a user during or after their visit to an online offer. The stored information can include, for example, the language settings on a website, the login status, a shopping cart or the place where a video was viewed. The term cookies also includes other technologies that fulfill the same functions as cookies (e.g. when user information is stored using pseudonymous online identifiers, also referred to as "user IDs").
The following cookie types and functions are distinguished:
• Temporary cookies (also: session or session cookies): Temporary cookies are deleted at the latest after a user has left an online service and closed his browser.
• Permanent cookies: Permanent cookies remain stored even after the browser is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, the interests of users, which are used to measure reach or for marketing purposes, can be stored in such a cookie.
• First-party cookies: First-party cookies are set by us.
• Third-party cookies (also: third-party cookies): Third-party cookies are mainly used by advertisers (so-called third parties) to process user information.
• Necessary (also: essential or absolutely necessary) cookies: On the one hand, cookies can be absolutely necessary for the operation of a website (e.g. to save logins or other user entries or for security reasons).
• Statistics, marketing and personalization cookies: Cookies are also generally used to measure range and when the interests of a user or their behavior (e.g. viewing certain content, using functions, etc.) on individual websites in one User profile will be saved. Such profiles are used to show users, for example, content that corresponds to their potential interests. This procedure is also referred to as "tracking", ie tracking the potential interests of users. . If we use cookies or "tracking" technologies, we will inform you separately in our data protection declaration or when obtaining consent.
Notes on legal bases: The legal basis on which we process your personal data with the help of cookies depends on whether we ask for your consent. If this is the case and you consent to the use of cookies, the legal basis for the processing of your data is the declared consent. Otherwise, the data processed with the help of cookies will be processed on the basis of our legitimate interests (e.g. in the commercial operation of our online offer and its improvement) or if the use of cookies is necessary to fulfill our contractual obligations.
General information on revocation and objection (opt-out): Depending on whether the processing is based on consent or legal permission, you have the option at any time to revoke your consent or to object to the processing of your data by cookie technologies ( collectively referred to as "opt-out"). You can initially declare your objection using the settings in your browser, e.g. by deactivating the use of cookies (which can also limit the functionality of our online offer). An objection to the use of cookies for online marketing purposes can also be declared using a variety of services, especially in the case of tracking, via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/ will. In addition, you can receive further objection notices as part of the information on the service providers and cookies used.
Processing of cookie data based on consent: Before we process or have data processed as part of the use of cookies, we ask users to give their consent, which can be revoked at any time. Before the consent has not been given, cookies that are required for the operation of our online offer will be used. They are used on the basis of our interest and the interest of the user in the expected functionality of our online offer.
• Types of data processed: usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
• Affected persons: users (e.g. website visitors, users of online services).
• Legal bases: Consent (Art. 6 Para. 1 S. 1 lit. a GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).
payment service provider
As part of contractual and other legal relationships, due to legal obligations or otherwise on the basis of our legitimate interests, we offer the data subjects efficient and secure payment options and use other payment service providers in addition to banks and credit institutions (collectively "payment service providers").
The data processed by the payment service provider includes inventory data such as name and address, bank details such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, total and recipient-related information. The information is required to carry out the transactions. However, the data entered will only be processed and stored by the payment service providers. This means that we do not receive any account or credit card-related information, only information with confirmation or negative information about the payment. Under certain circumstances, the payment service provider may transmit the data to credit agencies. The purpose of this transmission is to check identity and creditworthiness. For this we refer to the terms and conditions and the data protection information of the payment service provider.
The terms and conditions and data protection notices of the respective payment service providers apply to the payment transactions, which can be accessed within the respective websites or transaction applications. We also refer to this for the purpose of further information and the assertion of revocation, information and other data subject rights.
• Processed data types: Inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contract data (e.g. subject matter of contract, term, customer category), usage data (e.g. websites visited, interest in content, access times), meta/communication data ( e.g. device information, IP addresses).
• Affected persons: customers, interested parties.
• Purposes of processing: contractual services and services, contact requests and communication, affiliate tracking.
• Legal basis: Fulfillment of contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b. GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).
Services and service providers used:
• Klarna / Sofortüberweisung: payment services; Service Provider: Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden; Website: https://www.klarna.com/de; Data protection declaration: https://www.klarna.com/de/datenschutz.
• Mastercard: payment services; Service Provider: Mastercard Europe SA, Chaussée de Tervuren 198A, B-1410 Waterloo, Belgium; Website: https://www.mastercard.de/de-de.html; Data protection declaration: https://www.mastercard.de/de-de/datenschutz.html.
• PayPal: payment services and solutions (eg PayPal, PayPal Plus, Braintree); Service provider: PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg; Website: https://www.paypal.com/de; Privacy Policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
• Visa: payment services; Service Provider: Visa Europe Services Inc., London Branch, 1 Sheldon Square, London W2 6TT, UK; Website: https://www.visa.de; Data protection declaration: https://www.visa.de/bedingungen/visa-privacy-center.html.
Provision of the online offer and web hosting
In order to be able to provide our online offer securely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers managed by them) the online offer can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services, as well as security services and technical maintenance services.
The data processed as part of the provision of the hosting offer may include all information relating to the users of our online offer that arises in the context of use and communication. This regularly includes the IP address, which is necessary in order to be able to deliver the content of online offers to browsers, and all entries made within our online offer or on websites.
Collection of access data and log files: We ourselves (or our web hosting provider) collect data for every access to the server (so-called server log files). The address and name of the retrieved websites and files, date and time of retrieval, amounts of data transferred, notification of successful retrieval, browser type and version, the user's operating system, referrer URL (the previously visited page) and, as a rule, IP Addresses and the requesting provider belong.
The server log files can be used on the one hand for security purposes, e.g. to avoid overloading the server (especially in the case of abusive attacks, so-called DDoS attacks) and on the other hand to ensure server utilization and stability.
• Types of data processed: 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).
• Affected persons: users (e.g. website visitors, users of online services).
• Purposes of processing: contractual services and services.
• Legal bases: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).
Services and service providers used:
• 1&1 IONOS: hosting platform for e-commerce / websites; Service provider: 1&1 IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, Germany; Website: https://www.ionos.de; Data protection declaration: https://www.ionos.de/terms-gtc/terms-privacy.
Communication via Messenger
We use messengers for communication purposes and therefore ask you to observe the following information on the functionality of the messenger, on encryption, on the use of the metadata of the communication and on your options to object.
You can also contact us in alternative ways, e.g. by telephone or e-mail. Please use the contact options provided to you or the contact options specified within our online offer.
In the case of end-to-end encryption of content (ie the content of your message and attachments), please note that the communication content (ie the content of the message and attached images) is encrypted from end-to-end. This means that the content of the messages cannot be viewed, not even by the messenger providers themselves. You should always use a current version of the messenger with activated encryption to ensure that the message content is encrypted.
However, we also point out to our communication partners that the providers of the messengers cannot see the content, but can find out that and when communication partners communicate with us as well as technical information on the device used by the communication partner and, depending on the settings of their device, also location information ( so-called metadata) are processed.
Notes on legal bases: If we ask communication partners for permission before communicating with them via Messenger, the legal basis for our processing of their data is their consent. Otherwise, if we do not ask for your consent and you contact us, for example, we use Messenger in relation to our contractual partners and in the context of contract initiation as a contractual measure and in the case of other interested parties and communication partners on the basis of our legitimate interests in fast and efficient communication and fulfillment of the needs of our communication partners in communication via messenger. We would also like to point out that we will not transmit the contact data you have given us to Messenger for the first time without your consent.
Revocation, objection and deletion: You can revoke your consent at any time and object to communication with us via Messenger at any time. In the case of communication via messenger, we delete the messages in accordance with our general deletion guidelines (ie, as described above, after the end of contractual relationships, in the context of archiving requirements, etc.) and otherwise as soon as we can assume that we have answered any information from the communication partner, if no reference to a previous conversation is to be expected and the deletion does not conflict with any statutory retention requirements.
Reservation of the reference to other communication channels: Finally, we would like to point out that for reasons of your security we reserve the right not to answer inquiries via Messenger. This is the case, for example, when internal contract details require particular secrecy or an answer via messenger does not meet the formal requirements. In such cases, we will refer you to more appropriate communication channels.
• Types of data processed: contact data (e.g. e-mail, telephone numbers), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
• Affected persons: communication partners.
• Purposes of processing: contact requests and communication, direct marketing (e.g. by email or post).
• Legal bases: Consent (Art. 6 Para. 1 S. 1 lit. a GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).
Services and service providers used:
• Facebook Messenger: Facebook Messenger with end-to-end encryption (Facebook Messenger's end-to-end encryption requires activation if it is not activated by default); Service provider: https://www.facebook.com, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, parent company: Facebook, 1 Hacker Way, Menlo Park, CA 94025, USA; Website: https://www.facebook.com; Privacy Policy: https://www.facebook.com/about/privacy; Privacy Shield (ensuring the level of data protection when processing data in the USA): https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active; Possibility of objection (opt-out): https://www.facebook.com/settings?tab=ads.
Presence in social networks (social media)
We maintain online presences within social networks and process user data in this context in order to communicate with the users active there or to offer information about us.
We would like to point out that user data can be processed outside of the European Union. This can result in risks for the user, because it could make it more difficult to enforce the user's rights, for example. With regard to US providers who are certified under the Privacy Shield or offer comparable guarantees of a secure level of data protection, we would like to point out that they undertake to comply with the data protection standards of the EU.
Furthermore, user data is usually processed within social networks for market research and advertising purposes. For example, usage profiles can be created on the basis of usage behavior and the resulting interests of users. The usage profiles can in turn be used, for example, to place advertisements inside and outside the networks that presumably correspond to the interests of the user. For these purposes, cookies are usually stored on the users' computers, in which the usage behavior and the interests of the users are stored. Furthermore, data can also be stored in the usage profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).
For a detailed description of the respective forms of processing and the possibility of objection (opt-out), we refer to the data protection declarations and information provided by the operators of the respective networks.
Also in the case of requests for information and the assertion of data subject rights, we would like to 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 take appropriate measures and provide information directly. If you still need help, you can contact us.
• Processed data types: inventory data (e.g. 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).
• Affected persons: users (e.g. website visitors, users of online services).
• Purposes of processing: contact requests and communication, tracking (e.g. interest/behavioral profiling, use of cookies), remarketing, range measurement (e.g. access statistics, recognition of returning visitors).
• Legal bases: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).
Services and service providers used:
• Instagram : social network; Service Provider: Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA; Website: https://www.instagram.com; Privacy Policy: https://instagram.com/about/legal/privacy.
• Facebook: social network; Service provider: Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, parent company: Facebook, 1 Hacker Way, Menlo Park, CA 94025, USA; Website: https://www.facebook.com; Privacy Policy: https://www.facebook.com/about/privacy; Privacy Shield (ensuring the level of data protection when processing data in the USA): https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active; Possibility of objection (opt-out): Settings for advertisements: https://www.facebook.com/settings?tab=ads; Additional information on data protection: Agreement on joint processing of personal data on Facebook pages: https://www.facebook.com/legal/terms/page_controller_addendum, data protection information for Facebook pages: https://www.facebook.com/legal/ terms/information_about_page_insights_data.
deletion of data
The data processed by us will be deleted in accordance with the legal requirements as soon as your consent to processing is revoked or other permissions are no longer applicable (e.g. if the purpose of processing this data no longer applies or it is not required for the purpose).
If the data is not deleted because it is required for other, legally permissible purposes, its processing will be limited to these purposes. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax reasons or whose storage is necessary to assert, exercise or defend legal claims or to protect the rights of another natural or legal person.
Further information on the deletion of personal data can also be provided in the context of the individual data protection information in this data protection declaration.
Change and update of the privacy policy
We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as the changes in the data processing we carry out make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.
If we provide addresses and contact information of companies and organizations in this data protection declaration, please note that the addresses can change over time and ask you to check the information before contacting us.
Rights of data subjects
As a data subject, you are entitled to various rights under the GDPR, which result in particular from Articles 15 to 18 and 21 GDPR:
• Right of objection: 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 based on Article 6 Paragraph 1 lit. e or f GDPR; this also applies to profiling based on these provisions. If the personal data concerning you is processed in order to operate 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 associated with such direct advertising.
• Right to revoke consent: You have the right to revoke your consent at any time.
• Right to information: You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with legal requirements.
• Right to rectification: In accordance with legal requirements, you have the right to request that the data concerning you be completed or that incorrect data concerning you be corrected.
• Right to erasure and restriction of processing: You have the right, in accordance with the legal requirements, to request that the data concerning you be deleted immediately, or alternatively to request a restriction of the processing of the data in accordance with the legal requirements.
• Right to data transferability: You have the right to receive the data that you have provided to us in accordance with the legal requirements in a structured, common and machine-readable format or to request that it be transmitted to another person responsible.
• Complaint to the supervisory authority: In accordance with the legal requirements, you also have the right to lodge a complaint with a supervisory authority, in particular in the member state of your usual place of residence, your place of work or the place of the alleged infringement, if you believe that the processing of your personal data concerned violates the GDPR.
definitions of terms
This section provides you with an overview of the terms used in this data protection declaration. Many of the terms are taken from the law and defined above all in Art. 4 GDPR. The legal definitions are binding. The following explanations, on the other hand, are intended primarily for understanding. The terms are sorted alphabetically.
• Affiliate tracking: Affiliate tracking logs links that the linking websites use to direct users to websites that offer products or other services. The operators of the linked websites can receive a commission if users follow these so-called affiliate links and then take advantage of the offers (e.g. buy goods or use services). To do this, it is necessary for the providers to be able to track whether users who are interested in certain offers subsequently perceive them at the instigation of the affiliate links. It is therefore necessary for affiliate links to work that they are supplemented with certain values that become part of the link or are stored in some other way, e.g. in a cookie. The values include in particular the source website (referrer), the time, an online ID of the operator of the website on which the affiliate link was located, an online ID of the respective offer, an online ID of the user as well as tracking-specific values , such as advertising media ID, partner ID and categorizations.
• Personal data: "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 means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, are an expression of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
• Reach measurement: Reach measurement (also referred to as web analytics) is used to evaluate the flow of visitors to an online offer and can include the behavior or interests of visitors in certain information, such as website content. With the help of the range analysis, website owners can, for example, see at what time visitors visit their website and what content they are interested in. This enables them, for example, to better adapt the content of the website to the needs of their visitors. Pseudonymous cookies and web beacons are often used for range analysis purposes in order to recognize returning visitors and thus obtain more precise analyzes of the use of an online offer.
• Remarketing: One speaks of "remarketing" or "retargeting" when, for advertising purposes, for example, it is noted which products a user was interested in on a website in order to remind the user of these products on other websites, for example in advertisements .
• Tracking: One speaks of "tracking" when the behavior of users can be traced across several online offers. As a rule, behavior and interest information with regard to the online offers used is stored in cookies or on servers of the providers of the tracking technologies (so-called profiling). This information can then be used, for example, to show users advertisements that are likely to match their interests.
• Person responsible: The "responsible person" is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.
• Processing: "Processing" is any operation or series of operations carried out with or without the aid of automated procedures in connection with personal data. The term goes far and covers practically every handling of data, be it collection, evaluation, storage, transmission or deletion.
Created with the free data protection generator.de by Dr. Thomas Schwenke