Privacy
This privacy policy explains the nature, scope and purpose of the processing of personal data (hereinafter “data”) within our online offering and the related websites, functions and content, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as the “online offering”). For the terms used, such as “processing” or “controller”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Controller
Michael Heckler
Grillparzerstraße 4
65520 Bad Camberg
Germany
Categories of data processed
- Master data (e.g. names, addresses)
- Contact data (e.g. email, telephone numbers)
- Content data (e.g. text entries, photographs, videos)
- Usage data (e.g. pages 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 offering (hereinafter we also refer to data subjects collectively as “users”).
Purposes of processing
- Provision of the online offering, its functions and content
- Responding to contact requests and communicating with users
- Security measures
- Reach measurement/marketing
Chat assistant (AI) and OpenAI
We offer a text-based chat that uses AI. The chat processes your questions to provide information about the holiday rental based on indexed website content and approved documents. For this, we use OpenAI (OpenAI Ireland Ltd. and affiliated companies) as well as hosting and database services where applicable. A transfer to third countries may occur if the requirements of Art. 44 et seq. GDPR are met (in particular standard contractual clauses). Technical metadata (e.g. for security and stability) may also be processed. Chat content is stored only where necessary for operation, security or — where separately informed — for quality analysis; retention depends on the purpose. You may object by not using the chat and by contacting us. AI answers may be incomplete or incorrect; binding information on prices and availability is available via the booking tool or the contact form.
Terms used
“Personal data” means any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. a cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations which is performed on personal data, whether or not by automated means. The term is broad and encompasses practically any handling of data.
“Pseudonymisation” means 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.
“Profiling” means 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.
“Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Legal bases
Pursuant to Art. 13 GDPR, we inform you of the legal bases for our processing. Unless a legal basis is stated in this privacy policy, the following applies: the legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 GDPR; the legal basis for processing to perform our services, take steps prior to entering into a contract and respond to enquiries is Art. 6(1)(b) GDPR; the legal basis for processing to comply with our legal obligations is Art. 6(1)(c) GDPR; and the legal basis for processing to protect our legitimate interests is Art. 6(1)(f) GDPR. If vital interests of the data subject or another natural person require processing of personal data, Art. 6(1)(d) GDPR serves as the legal basis.
Security measures
Pursuant to Art. 32 GDPR, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
Measures include in particular ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access to, entry, disclosure, securing availability and segregation of data. We have also implemented procedures to safeguard data subjects’ rights, erasure of data and response to risks to personal data. Furthermore, we take data protection into account when selecting hardware, software and procedures, in line with the principle of data protection by design and by default (Art. 25 GDPR).
Processors and third parties
If we disclose data to other persons and companies (processors or third parties), transmit data to them or otherwise grant access to data, this is done only on the basis of legal permission (e.g. if transmission to third parties, such as payment service providers, is necessary for the performance of a contract pursuant to Art. 6(1)(b) GDPR), you have consented, 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 to process data on the basis of a “data processing agreement”, this is done on the basis of Art. 28 GDPR.
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 occurs in the context of using third-party services or disclosure or transmission of data to third parties, this is only done if it is necessary to fulfil our (pre)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permission, we process or have data processed in a third country only if the special requirements of Art. 44 et seq. GDPR are met, i.e. processing is based, for example, on specific safeguards such as an officially recognised adequacy decision (e.g. for the United States) or compliance with officially recognised specific contractual obligations (“standard contractual clauses”).
Rights of data subjects
You have the right to obtain confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to the personal data and further information and a copy of the data pursuant to Art. 15 GDPR.
You have the right pursuant to Art. 16 GDPR to obtain rectification of inaccurate personal data concerning you or completion of incomplete data.
You have the right pursuant to Art. 17 GDPR to obtain the erasure of personal data without undue delay, or alternatively pursuant to Art. 18 GDPR to obtain restriction of processing.
You have the right pursuant to Art. 20 GDPR to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and to transmit those data to another controller.
You also have the right pursuant to Art. 77 GDPR to lodge a complaint with a supervisory authority.
Right to withdraw consent
You have the right to withdraw consent given pursuant to Art. 7(3) GDPR with effect for the future.
Right to object
You may object at any time to future processing of personal data concerning you pursuant to Art. 21 GDPR. The objection may in particular be directed against processing for direct marketing purposes.
Cookies and objection to direct marketing
“Cookies” are small files stored on users’ devices. Different information can be stored within cookies. A cookie primarily serves to store information about a user (or the device on which the cookie is stored) during or after their visit within an online offering. “Session” or “transient” cookies are deleted after a user leaves an online offering and closes the browser. For example, the contents of a shopping basket or a login status can be stored in such a cookie. “Permanent” or “persistent” cookies remain stored after the browser is closed. For example, a login status can be stored if users visit again after several days. Interests of users used for reach measurement or marketing can also be stored in such a cookie. “Third-party cookies” are cookies offered by providers other than the controller operating the online offering (otherwise, if they are only the controller’s cookies, they are called “first-party cookies”).
We may use temporary and permanent cookies and explain this in this privacy policy.
If users do not want cookies to be stored on their device, they are asked to disable the relevant option in their browser’s system settings. Stored cookies can be deleted in the browser’s system settings. Excluding cookies can lead to functional restrictions of this online offering.
A general objection to the use of cookies for online marketing purposes can be declared for many services, especially tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, storing cookies can be disabled by switching them off in the browser settings. Please note that not all functions of this online offering may then be usable.
Erasure of data
The data we process are erased or restricted in their processing pursuant to Art. 17 and 18 GDPR. Unless expressly stated in this privacy policy, data stored by us are erased as soon as they are no longer necessary for their purpose and no statutory retention obligations conflict with erasure. If data are not erased because they are required for other and legally permissible purposes, their processing is restricted (blocked and not processed for other purposes). This applies, for example, to data that must be retained for commercial or tax law reasons.
Under German law, retention is in particular for 10 years pursuant to §§ 147(1) AO, 257(1) nos. 1 and 4, (4) HGB (books, records, management reports, booking vouchers, commercial books, documents relevant for taxation, etc.) and 6 years pursuant to § 257(1) nos. 2 and 3, (4) HGB (commercial correspondence).
Under Austrian law, retention is in particular for 7 years pursuant to § 132(1) BAO (accounting documents, invoices, accounts, business papers, income and expenditure statements, etc.), for 22 years in connection with real property and for 10 years for documents in connection with electronically supplied services, telecommunications, broadcasting and television services supplied to non-business customers in EU member states where the Mini One Stop Shop (MOSS) is used.
External payment service providers
We use external payment service providers through whose platforms users and we can carry out payment transactions (e.g. PayPal, Klarna, Skrill, Giropay, Visa, Mastercard, American Express).
For the performance of contracts we use payment service providers on the basis of Art. 6(1)(b) GDPR. Otherwise we use external payment service providers on the basis of our legitimate interests pursuant to Art. 6(1)(f) GDPR in order to offer our users effective and secure payment options.
Data processed by payment service providers include master data (e.g. name and address), bank data (e.g. account or card numbers), passwords, TANs and checksums as well as contract, amount and recipient-related information. The information is necessary to carry out the transactions. However, the data entered are processed only by the payment service providers and stored with them. We do not receive account or card-related information, only information with confirmation or negative acknowledgement of payment. Under certain circumstances, data may be transmitted by payment service providers to credit agencies for identity and credit checks. For this we refer to the terms and privacy notices of the payment service providers.
For payment transactions, the terms and privacy notices of the respective payment service providers apply, available on their websites or in transaction applications. We refer to these for further information and to assert revocation, access and other data subject rights.
Administration, accounting, office organisation, contact management
We process data in the context of administrative tasks, organisation of our operations, accounting and compliance with legal obligations, such as archiving. In doing so we process the same data that we process in the provision of our contractual services. The legal bases are Art. 6(1)(c) and (f) GDPR. Customers, interested parties, business partners and website visitors are affected. The purpose and our interest in processing lie in administration, accounting, office organisation, archiving of data, i.e. tasks that serve the maintenance of our business activities, performance of our tasks and provision of our services. Erasure of data in relation to contractual services and contractual communication corresponds to the information given for these processing activities.
We disclose or transmit data in this regard to the tax authorities, consultants such as tax advisers 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 later contact. We generally store such predominantly business-related data permanently.
Contacting us
When you contact us (e.g. via contact form, email, telephone or social media), the user’s details are processed to handle the contact request and its settlement pursuant to Art. 6(1)(b) (within contractual or pre-contractual relationships) and Art. 6(1)(f) (other requests) GDPR. Users’ information may be stored in a customer relationship management (“CRM”) system or comparable request organisation.
We erase requests when they are no longer necessary. We review necessity every two years; statutory archiving obligations also apply.
Template based on common models (including Datenschutz-Generator.de, Dr Thomas Schwenke); adapt to your processing and have it reviewed legally.