Privacy Policy
Data protection declaration We are very pleased about your interest in our company. Data protection is of particular importance to the management of Gite le coq rouge. Using the Gite le coq rouge website is generally possible without providing any personal data. However, if a data subject wishes to use special services offered by our company via our website, processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject. The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Gite le coq rouge. By means of this data protection declaration, our company would like to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration. Gite le coq rouge, as the controller, has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions may in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, such as by telephone. 1. Definitions The data protection declaration of Gite le coq rouge is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration is intended to be easily readable and understandable 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. In this data protection declaration, we use the following terms, among others: a) Personal data Personal data is all information that relates to an identified or identifiable natural person (hereinafter "data subject"). A natural person is considered identifiable if he or she 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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. b) Data subject A data subject is any identified or identifiable natural person whose personal data is processed by the controller. c) Processing Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or linking, restriction, erasure or destruction. d) Restriction of processing Restriction of processing is the marking of stored personal data with the aim of limiting its future processing. e) Profiling Profiling is any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. f) Pseudonymisation Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person. g) Controller or person responsible for processing Controller or person responsible for processing 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. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law. h) Processor Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. i) Recipient Recipient is a natural or legal person, public authority, agency or other body to which personal data are disclosed, whether a third party or not. However, authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be considered recipients. j) Third party Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons authorised to process the personal data under the direct authority of the controller or processor. k) Consent Consent is any expression of will made voluntarily by the data subject for a specific case in an informed and unambiguous manner by which the data subject signifies that they agree to the processing of personal data concerning them. 2. Name and address of the controller The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member states of the European Union and other provisions of a data protection nature is: Gite le coq rouge 41a rue du Rempart Sud 68420 Eguisheim France Tel.: 33668476801 Email: gitelecoqrouge@gmail.com Website: www.gitelecoqrouge.fr 3. Collection of general data and information The website of Gite le coq rouge collects a series of general data and information when a data subject or automated system calls up the website. This general data and information is stored in the server's log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information used to avert dangers in the event of attacks on our information technology systems. When using this general data and information, Gite le coq rouge does not draw any conclusions about the data subject. Rather, this information is required to (1) correctly deliver the content of our website, (2) optimize the content of our website and its advertising, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyberattack. This anonymously collected data and information is therefore evaluated by Gite le coq rouge on the one hand statistically and on the other hand 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 we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject. 4. Routine deletion and blocking of personal data The controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is provided for by the European legislator or other legislator in laws or regulations to which the controller is subject. If the storage purpose no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with legal requirements. 5. Rights of the data subject a) Right to confirmation Each data subject shall have the right granted by the European legislator to obtain confirmation from the controller as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact any employee of the controller. b) Right to information Each data subject shall have the right granted by the European legislator to obtain from the controller free information about the personal data concerning him or her stored at any time and a copy of this information. Furthermore, the European legislator has granted the data subject the right to obtain information about the following: the purposes of the processing; the categories of personal data concerned; the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations; where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing; the existence of the right to lodge a complaint with a supervisory authority; where the personal data are not collected from the data subject, all available information as to their source; the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject. Furthermore, the data subject has the right to obtain information as to whether personal data Data have been transferred to a third country or to an international organization. If this is the case, the data subject shall also have the right to obtain information about the appropriate guarantees relating to the transfer. If a data subject wishes to exercise this right of information, he or she may contact any employee of the controller at any time. c) Right to rectification Any data subject shall have the right granted by the European legislator to have inaccurate personal data concerning him or her rectified without undue delay. Furthermore, the data subject shall have the right, taking into account the purposes of the processing, to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may contact any employee of the controller at any time. d) Right to erasure (right to be forgotten) Every person affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the immediate erasure of personal data concerning him or her where one of the following grounds applies and the processing is not necessary: The personal data were collected or otherwise processed for such purposes for which they are no longer necessary. The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, and there is no other legal ground for the processing. The data subject objects to the processing pursuant to point (a) of 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 point (2) of Article 21(2) of the GDPR. The personal data were processed unlawfully. The erasure of personal data is necessary to fulfill a legal obligation under Union or Member State law to which the controller is subject. The personal data were collected in relation to information society services offered pursuant to Art. 8 (1) GDPR. If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Gite le coq rouge, they may contact any employee of the controller at any time. The employee of Gite le coq rouge will ensure that the erasure request is complied with immediately. If the personal data was made public by Gite le coq rouge and our company as the controller pursuant to Art. 17 Para. 1 GDPR is obliged to erase the personal data, Gite le coq rouge shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, in order to inform other data controllers which process the published personal data that the data subject has requested the erasure by such controllers of all links to these personal data or of copies or replications of these personal data, unless processing is required. The employee of Gite le coq rouge will arrange the necessary measures in individual cases. e) Right to restriction of processing Any data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies: 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 opposes the erasure of the personal data and requests the restriction of their use instead. The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject to assert, exercise or defend legal claims. The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject. If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Gite le coq rouge, he or she may at any time contact any employee of the controller. The employee of Gite le coq rouge will arrange the restriction of processing. f) Right to data portability Every data subject shall have the right granted by the European legislator to receive the personal data concerning him or her, which was provided to a controller, in a structured, common and machine-readable format. He or she also has the right to transmit these data to another controller without hindrance from the controller to which the personal data were provided, provided that the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, 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 or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. To assert the right to data portability, the data subject may at any time contact any employee of Gite le coq rouge. g) Right to object Any data subject shall have the right granted by the European legislator to object at any time to processing of personal data concerning him or her which is based on Article 6(1)(e) or (f) of the GDPR, for reasons related to his or her particular situation. This shall also apply to profiling based on these provisions. In the event of an objection, Gite le coq rouge shall no longer process the personal data unless we 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 defence of legal claims. If Gite le coq rouge processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This shall also apply to profiling insofar as it is related to such direct marketing. If the data subject objects to Gite le coq rouge processing the data for direct marketing purposes, Gite le coq rouge will no longer process the personal data for these purposes. In addition, the data subject has the right to object to processing of personal data concerning him or her by Gite le coq rouge for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) of the GDPR, unless such processing is necessary to perform a task carried out in the public interest. To exercise the right to object, the data subject may contact any employee of Gite le coq rouge or another employee directly. Furthermore, in connection with the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject is free to exercise his or her right of objection by means of automated procedures using technical specifications. h) Automated individual decisions, including profiling Every data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent. If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is made with the data subject’s explicit consent, Gite le coq rouge shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision. If the data subject wishes to exercise the rights concerning automated decision-making, he or she may, at any time, contact any employee of the controller. i) Right to withdraw consent under data protection law Any data subject shall have the right granted by the European legislator to withdraw their consent to the processing of personal data at any time. If the data subject wishes to exercise their right to withdraw their consent, they may, at any time, contact any employee of the controller. 6. Data protection provisions on the use of Facebook The controller has integrated components of the Facebook company on this website. Facebook is a social network. A social network is a social meeting place operated on the Internet, an online community that generally allows users to communicate with one another and interact in virtual space. A social network can serve as a platform for exchanging opinions and experiences, or it can enable the Internet community to provide personal or company-related information. Facebook enables users of the social network to, among other things, create private profiles, upload photos, and network via friend requests. Facebook is operated by Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. If a data subject lives outside the USA or Canada, the controller is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. With each visit to one of the individual pages of this website, which is operated by the controller and on which a Facebook component (Facebook plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Facebook component to download a display of the corresponding Facebook component from Facebook. A complete overview of all Facebook plug-ins can be found under https://developers.facebook.com/docs/plugins/?locale=de_DE. As part of this technical procedure, Facebook receives information about which specific sub-page of our website was visited by the data subject. If the data subject is logged in to Facebook at the same time, Facebook recognizes which specific sub-page of our website the data subject visits with each visit to our website by the data subject and for the entire duration of their stay on our website. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated on our website, e.g. the "Like" button, or if the data subject makes a comment, Facebook assigns this information to the personal Facebook user account of the data subject and stores these personal data. Facebook always receives information via the Facebook component that the data subject has visited our website if the data subject is logged in to Facebook at the same time as accessing our website; this occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, he or she can prevent this by logging out of their Facebook account before accessing our website. The data policy published by Facebook, which can be accessed under https://de-de.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. It also explains which setting options Facebook offers to protect the privacy of the data subject. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the data subject to suppress data transmission to Facebook. 7. Data protection provisions about the application and use of Instagram The controller has integrated components of the Instagram service on this website. Instagram is a service that can be classified as an audiovisual platform and enables users to share photos and videos and also to further disseminate such data on other social networks. The operating company of the Instagram services is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland. With each call-up to one of the individual pages of this website, which is operated by the controller and on which an Instagram component (Insta button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Instagram component through the respective Instagram component. As part of this technical process, Instagram receives knowledge of which specific subpage of our website was visited by the data subject. If the data subject is logged in to Instagram at the same time, Instagram recognizes which specific sub-page of our website was visited by the data subject each time the data subject visits our website and for the entire duration of their stay on our website. This information is collected by the Instagram component and assigned by Instagram to the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, the data and information transmitted with it are assigned to the personal Instagram user account of the data subject and stored and processed by Instagram. Instagram always receives information via the Instagram component that the data subject has visited our website whenever the data subject is logged in to Instagram at the same time as accessing our website; this happens regardless of whether the data subject clicks on the Instagram component or not. If the data subject does not want this information to be transmitted to Instagram, they can prevent this by logging out of their Instagram account before accessing our website. Further information and Instagram's applicable privacy policy can be found at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/. 8. Payment method: Data protection provisions for PayPal as a payment method The controller has integrated PayPal components on this website. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which are virtual private or business accounts. PayPal also offers the option of processing virtual payments via credit cards if a user does not have a PayPal account. A PayPal account is managed via an email address, which is why there is no traditional account number. PayPal enables online payments to be made to third parties or to receive payments. PayPal also assumes escrow functions and offers buyer protection services. The European operating company of PayPal is PayPal (Europe) S.à.rl et Cie, SCA, 22-24 Boulevard Royal L-2449, Luxembourg. If the data subject selects “PayPal” as a payment option during the ordering process in our online shop, the data subject’s data will be automatically transmitted to PayPal. By selecting this payment option, the data subject consents to the transmission of personal data required for payment processing. The personal data transmitted to PayPal usually includes first name, last name, address, email address, IP address, telephone number, mobile phone number or other data necessary for payment processing. Personal data related to the respective order is also necessary for processing the purchase contract. The purpose of transmitting the data is payment processing and fraud prevention. The controller will transmit personal data to PayPal in particular if there is a legitimate interest in the transmission. The personal data exchanged between PayPal and the controller may be transmitted by PayPal to credit reporting agencies. The purpose of this transmission is to check identity and creditworthiness. PayPal may pass on personal data to affiliated companies, service providers, or subcontractors if this is necessary to fulfill contractual obligations or if the data is to be processed on behalf of PayPal. The data subject has the option of revoking their consent to the handling of personal data at any time. Revocation does not affect personal data that must be processed, used, or transmitted for (contractual) payment processing. PayPal's applicable privacy policy can be found at https://www.paypal.com/de/webapps/mpp/ua/privacy-full. 9. Legal basis for processing Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary to fulfill a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as to fulfil tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. In this case, the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if the processing is necessary to protect the legitimate interests of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not override them. We are permitted to carry out such processing operations in particular because they were specifically mentioned by the European legislator. In this respect, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, Sentence 2 GDPR). 10. Legitimate interests in the processing pursued by the controller or a third party If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business for the benefit of the well-being of all our employees and our shareholders. 11. Duration for which the personal data is stored The criterion for the duration of storage of personal data is the respective statutory retention period. After this period has expired, the corresponding data will be routinely deleted unless it is no longer required to fulfil or initiate a contract. 12. Legal or contractual provisions for the provision of personal data; necessity for concluding the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision We would like to clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also arise from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which must then be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will clarify for each individual case 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 of non-provision of the personal data would be. 13. Existence of automated decision-making. As a responsible company, we do not use automated decision-making or profiling. This privacy policy was created by the privacy policy generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the external data protection officer in Augsburg, in cooperation with the Cologne-based IT and data protection lawyer Christian Solmecke.