Château de Marteret 32350 Biran, France
Téléphone: +33 (0) 581676628
These general terms and conditions define the rights and obligations of the parties in connection with the remote reservation of services offered our Chateau whose details are specified in this document of confirmation of reservation. They govern all the steps necessary for the booking and the follow-up of the reservation between the contracting parties. The customer acknowledges having read and accepted the present general conditions of sale and the conditions of sale of the reserved rate available on our booking/Payment platform. These general conditions of sale apply to all reservations made via the internet, via our booking/Payment platform.
The customer chooses the services presented on our booking/Payment platform. He / she acknowledges having read the nature, the destination and the booking conditions of the services available on our booking/Payment platform and requested and obtained the necessary and – or complementary information to make his reservation in full knowledge of the facts. The customer is solely responsible for his choice of services and their suitability for his needs, so that our responsibility can not be sought in this respect. The reservation is deemed accepted by the customer upon completion of the Reservation/booking process.
3. Reservation Process
Reservations made by the customer are made via the dematerialized booking voucher accessible online on our booking/Payment platform. The booking is deemed to be formed upon receipt of the booking voucher. The customer commits himself, before any reservation, to complete the information requested on the voucher or the reservation request. The customer attests to the veracity and accuracy of the information transmitted. After the final choice of the services to be booked, the reservation procedure includes the entry of the credit card in case of request for guarantee or prepayment, consultation and acceptance of the general conditions of sale and conditions of sale of the reserved tariff before the validation of the reservation and, finally, the validation of the reservation by the customer.
4. Acknowledgment of receipt of reservation
Our booking/Payment platform acknowledges receipt of the customer’s reservation by sending an email immediately. In the case of online booking, the confirmation of the reservation by e-mail summarizes the contract offer, the reserved services, the prices, the conditions of sale relating to the selected tariff, accepted by the customer, the date the service information, and the address of the Chateau with which the customer can present his claims.
5. Cancellation or modification
When the conditions of sale of the reserved rate allow, cancellation of the reservation can be made directly with the Chateau, whose telephone contact details are specified on the confirmation of the booking sent by e-mail.
Cancellation or Changes by the Guest: Once the holiday is booked the Guest has entered into a legally binding contract. If the Guest cancels, for whatever reason (including medical and weather related) then no refund of the deposit will be due, and within 6 weeks of the holiday no refund of the full balance is due.
Cancellations must be notified in writing (including by email) immediately. If the Owner is able to re-let all or part of the period booked, the Owner will, at its sole discretion, consider a refund, less any shortfall in cost of the re-let booking, less a handling charge of €50.
Once a booking has been accepted by the Owner, it can only be changed to another property by treating the original booking as a cancellation. Holiday dates may be changed providing the property is available for the new dates and the owner is agreeable to the change.
Cancellation by Owner/Agent: The Owner reserves the right to refuse any booking and to cancel any bookings already made if the property is unavailable for any reason whatsoever, subject to a full refund of all monies paid (but no further liability). Neither the agent nor the owner shall be under any other liability if such cancellation occurs. Note: in the unlikely event of a cancellation the agent/owner will make every possible effort to secure alternative accommodation if required.
6. Consumption of benefit
Pursuant to the regulations in force in some countries, the customer may be asked to fill out a policy card upon arrival. To do this, the client will be asked to present an identity document in order to check whether it needs to complete the police record. Any behavior contrary to good morals and public order will lead the Chateau to ask the client to leave the Chateau without any compensation and without any refund if a settlement has already been made. The customer accepts and undertakes to respect the said regulation. In case of non-compliance by the customer with one of the provisions of the Internal Regulations, the Chateau will be obliged to invite the client to leave the Chateau without any compensation and without any refund if a settlement has already been carried out.
The photographs presented on our booking/Payment platform are not contractual. Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the Chateaus presented give as accurate a picture as possible of the services proposed, variations may occur between the time of booking and the day of consumption of the service. The Chateau can not be held responsible for the non-fulfillment or the bad execution of the booking in case of force majeure, by the third party, by the customer, in particular the unavailability of the Internet network, impossibility of access to the website, outside intrusion, computer viruses or in case of prepayment not authorized by the bank of the bearer. Any reservation or payment that is irregular, inoperative, incomplete or fraudulent for reasons attributable to the client will result in the cancellation of the order at the expense of the client, without prejudice to any civil or criminal action against the latter.
Complaints relating to the non-fulfillment or poor performance of the reserved services must, under penalty of foreclosure, be brought to our knowledge in writing within eight days after the date of departure of the Chateau.
The prices for the reservation of the services are indicated before and during the reservation. The prices are confirmed to the customer in the amount of TTC, in the commercial currency of the Chateau, and are valid only for the duration indicated on the booking/Payment platform. If the debit to the Chateau is in a currency other than that confirmed on the reservation, the exchange fees are to be borne by the customer. All reservations, regardless of their origin, are payable in the local currency of the Chateau, unless otherwise indicated on the spot. Unless otherwise stated on the booking/Payment platform, additional services are not included in the price. Taxes (local taxes, visitor’s tax, etc …), if applicable, presented on the rates page, must be paid directly to the hotel. The prices shall take account of the VAT applicable on the day of the order and any change in the rate applicable to VAT will be automatically reflected on the prices indicated on the date of invoice. Any modification or introduction of new legal or regulatory fees imposed by the competent authorities will be automatically reflected on the prices indicated on the date of invoicing.
The customer communicates his bank details as a guarantee of the reservation, except for special conditions or rates, by credit card or private card (Visa, Mastercard, American Express,… according to the possibilities offered by the booking/Payment platform of the Chateau ), indicating directly, in the area provided for this purpose (secured entry by SSL encryption), the card number, without spaces between the digits, and its validity date (it is specified that the credit card used must be valid at time of consumption of the service) and the visual cryptogram. He must present himself at the Chateau with the bank card allowing him to guarantee the reservation. The debit of the payment is made at the Chateau during the stay, except in the case of special conditions or tariffs where the partial or total debit of the payment is made during the reservation. This prepayment is called a deposit. In case of no show (booking not canceled – customer not present) of a reservation guaranteed by credit card, the Chateau will debit the customer, as a lump sum, the amount indicated in its general conditions and special conditions of sale. The Chateau has chosen beds24.com/stripe.com to secure online payments by credit card. The validity of the customer’s credit card is verified by stripe.com. There may be a refusal of the payment card for several reasons: stolen card, blocked card, ceiling reached, mistake of entry … In case of problem, the client will have to approach his bank on the one hand, on the other hand to confirm its booking and its method of payment. In the case of a tariff subject to prepayment on line, the prepaid amount, that is the deposit, is charged at the time of booking. Some institutions may generate invoices / notes electronically, the original file is certified and available online at the internet address provided by the institution.
11. Respect for privacy
The client is informed on each of the personal data collection forms of the obligatory or optional nature of the answers by the presence of an asterisk. The information processed is for the institutions, beds24.com, its entities, its partners, its service providers (and in particular the online payment service providers). The customer authorizes beds24.com to communicate his / her personal data to third parties, provided that such communication is compatible with the execution of the transactions falling to beds24.com under these terms and conditions and in connection with the client protection charter of personal data. In particular, when paying online, the customer’s bank details must be transmitted by the payment service provider stripe.com to the bank of the Chateau for the execution of the booking contract. The customer is informed that this transfer of data can therefore be carried out in foreign countries that do not have adequate protection of personal data within the meaning of the Data Protection Act. However, the customer consents to this transfer necessary for the execution of his reservation.
12. Evidence Convention
The entering of the required bank information and the acceptance of these terms and conditions and of the voucher or reservation request constitutes an electronic signature which has the same value as a handwritten signature between the parties. Computerized records kept in the computer systems of beds24.com. shall be kept under reasonable security conditions and shall be regarded as evidence of communications, orders and payments between the parties. The customer is informed that his IP address is registered at the time of booking.
13. Force majeure
Force majeure means any external event that is unpredictable and insurmountable, which prevents either the client or the institution from fulfilling all or part of the obligations provided for in the contract. Force majeure or fortuitous events are considered to be those usually recognized by the jurisprudence of the French Courts. Neither party shall be liable to the other party for any failure to fulfill its obligations arising out of an event of force majeure. It is expressly agreed that force majeure suspends the parties from performing their mutual obligations and that each party bears the burden of the expenses incurred.
These General Terms and Conditions of Sale are governed by the law of the country of Chateau Marteret, without prejudice to the mandatory imperative provisions that may apply in the country of residence of consumers.
These General Conditions of Sale, the conditions of sale of the rate reserved by the customer, and the voucher or the reservation request express the full obligations of the parties. No general or specific conditions communicated by the customer can be integrated into these general conditions. The documents forming the contractual commitments between the parties are, in descending order of priority, the voucher or the reservation request (including the special conditions of the reserved tariff) and the present general conditions. In case of inconsistency between the booking voucher and the general conditions, the provisions in the reservation voucher will be the only ones applicable for the obligation in question. These general conditions of sale by internet can be modified at any time and / or supplemented by the Chateau. In this case, the new version of the general conditions of sale by Internet will be put on line by the Chateau. As soon as it is put on line on the Internet, the new version of the general conditions of sale by internet will apply automatically to all customers.16. Damage to property and contents: The Chateau reserves the right to inspect the property for damage during and after the stay period and to claim a monetary amount from the client if they have caused damage to the property or its contents. To be negotiated between the parties.
We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the CHÂTEAU MARTERET. The use of the Internet pages of the CHÂTEAU MARTERET is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from 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 the CHÂTEAU MARTERET. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the CHÂTEAU MARTERET has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of the CHÂTEAU MARTERET is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
- A) PERSONAL DATA
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 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
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
- 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 combination, restriction, erasure or destruction.
- D) RESTRICTION OF PROCESSING
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
- E) PROFILING
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.
- 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 CONTROLLER RESPONSIBLE FOR THE PROCESSING
Controller or controller responsible for the processing is 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; 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 another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
- 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 who, under the direct authority of the controller or processor, are authorised to process personal data.
- K) CONSENT
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. NAME AND ADDRESS OF THE CONTROLLER
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Phone: 33 5626 44501
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
4. COLLECTION OF GENERAL DATA AND INFORMATION
The website of the CHÂTEAU MARTERET collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server 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, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the CHÂTEAU MARTERET does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the CHÂTEAU MARTERET analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to 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.
5. ROUTINE ERASURE AND BLOCKING OF PERSONAL DATA
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
6. RIGHTS OF THE DATA SUBJECT
- A) RIGHT OF CONFIRMATIONEach data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
- B) RIGHT OF ACCESSEach data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
- 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 organisations;
- 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, any 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.
- C) RIGHT TO RECTIFICATIONEach data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right 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, at any time, contact any employee of the controller.
- D) RIGHT TO ERASURE (RIGHT TO BE FORGOTTEN)Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to 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 where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to 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 Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
- E) RIGHT OF RESTRICTION OF PROCESSINGEach 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 instead 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 for the establishment, exercise or defence of 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.
- F) RIGHT TO DATA PORTABILITYEach 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, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as 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, as long as the processing is not 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 shall have 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.In order to assert the right to data portability, the data subject may at any time contact any employee of the CHÂTEAU MARTERET.
- G) RIGHT TO OBJECTEach data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.The CHÂTEAU MARTERET shall no longer process the personal data in the event of the objection, 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 the CHÂTEAU MARTERET 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 applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the CHÂTEAU MARTERET to the processing for direct marketing purposes, the CHÂTEAU MARTERET will no longer process the personal data for these purposes.In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the CHÂTEAU MARTERET for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.In order to exercise the right to object, the data subject may contact any employee of the CHÂTEAU MARTERET. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
- H) AUTOMATED INDIVIDUAL DECISION-MAKING, INCLUDING PROFILINGEach 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, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised 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 a data controller, or (2) it is based on the data subject’s explicit consent, the CHÂTEAU MARTERET 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 contest the decision.If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the CHÂTEAU MARTERET.
- I) RIGHT TO WITHDRAW DATA PROTECTION CONSENTEach data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the CHÂTEAU MARTERET.
7. DATA PROTECTION PROVISIONS ABOUT THE APPLICATION AND USE OF FACEBOOK
On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network.
A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the 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 Internet website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.
If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.
Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to 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, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.
The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.
8. DATA PROTECTION PROVISIONS ABOUT THE APPLICATION AND USE OF GOOGLE ANALYTICS (WITH ANONYMIZATION FUNCTION)
On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
For the web analytics through Google Analytics the controller uses the application “_gat. _anonymizeIp”. By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.
Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.Disallow Google Analytics to track me
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.
9. DATA PROTECTION PROVISIONS ABOUT THE APPLICATION AND USE OF GOOGLE REMARKETING
On this website, the controller has integrated Google Remarketing services. Google Remarketing is a feature of Google AdWords, which allows an enterprise to display advertising to Internet users who have previously resided on the enterprise’s Internet site. The integration of Google Remarketing therefore allows an enterprise to create user-based advertising and thus shows relevant advertisements to interested Internet users.
The operating company of the Google Remarketing services is the Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
The purpose of Google Remarketing is the insertion of interest-relevant advertising. Google Remarketing allows us to display ads on the Google network or on other websites, which are based on individual needs and matched to the interests of Internet users.
Google Remarketing sets a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google enables a recognition of the visitor of our website if he calls up consecutive web pages, which are also a member of the Google advertising network. With each call-up to an Internet site on which the service has been integrated by Google Remarketing, the web browser of the data subject identifies automatically with Google. During the course of this technical procedure, Google receives personal information, such as the IP address or the surfing behaviour of the user, which Google uses, inter alia, for the insertion of interest relevant advertising.
The cookie is used to store personal information, e.g. the Internet pages visited by the data subject. Each time we visit our Internet pages, personal data, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google may be deleted at any time via a web browser or other software programs.
In addition, the data subject has the possibility of objecting to the interest-based advertising by Google. For this purpose, the data subject must call up the link to www.google.de/settings/ads and make the desired settings on each Internet browser used by the data subject.
Further information and the actual data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.
10. DATA PROTECTION PROVISIONS ABOUT THE APPLICATION AND USE OF GOOGLE-ADWORDS
On this website, the controller has integrated Google AdWords. Google AdWords is a service for Internet advertising that allows the advertiser to place ads in Google search engine results and the Google advertising network. Google AdWords allows an advertiser to pre-define specific keywords with the help of which an ad on Google’s search results only then displayed, when the user utilizes the search engine to retrieve a keyword-relevant search result. In the Google Advertising Network, the ads are distributed on relevant web pages using an automatic algorithm, taking into account the previously defined keywords.
The operating company of Google AdWords is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
The purpose of Google AdWords is the promotion of our website by the inclusion of relevant advertising on the websites of third parties and in the search engine results of the search engine Google and an insertion of third-party advertising on our website.
If a data subject reaches our website via a Google ad, a conversion cookie is filed on the information technology system of the data subject through Google. The definition of cookies is explained above. A conversion cookie loses its validity after 30 days and is not used to identify the data subject. If the cookie has not expired, the conversion cookie is used to check whether certain sub-pages, e.g, the shopping cart from an online shop system, were called up on our website. Through the conversion cookie, both Google and the controller can understand whether a person who reached an AdWords ad on our website generated sales, that is, executed or canceled a sale of goods.
The data and information collected through the use of the conversion cookie is used by Google to create visit statistics for our website. These visit statistics are used in order to determine the total number of users who have been served through AdWords ads to ascertain the success or failure of each AdWords ad and to optimize our AdWords ads in the future. Neither our company nor other Google AdWords advertisers receive information from Google that could identify the data subject.
The conversion cookie stores personal information, e.g. the Internet pages visited by the data subject. Each time we visit our Internet pages, personal data, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, at any time, prevent the setting of cookies by our website, as stated above, by means of a corresponding setting of the Internet browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the information technology system of the data subject. In addition, a cookie set by Google AdWords may be deleted at any time via the Internet browser or other software programs.
The data subject has a possibility of objecting to the interest based advertisement of Google. Therefore, the data subject must access from each of the browsers in use the link www.google.de/settings/ads and set the desired settings.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.
11. DATA PROTECTION PROVISIONS ABOUT THE APPLICATION AND USE OF INSTAGRAM
On this website, the controller has integrated components of the service Instagram. Instagram is a service that may be qualified as an audiovisual platform, which allows users to share photos and videos, as well as disseminate such data in other social networks.
The operating company of the services offered by Instagram is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, UNITED STATES.
With each call-up to one of the individual pages of this Internet site, 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 the download of a display of the corresponding Instagram component of Instagram. During the course of this technical procedure, Instagram becomes aware of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in at the same time on Instagram, Instagram detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Instagram component and is associated with the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, then Instagram matches this information with the personal Instagram user account of the data subject and stores the personal data.
Instagram receives information via the Instagram component that the data subject has visited our website provided that the data subject is logged in at Instagram at the time of the call to our website. This occurs regardless of whether the person clicks on the Instagram button or not. If such a transmission of information to Instagram is not desirable for the data subject, then he or she can prevent this by logging off from their Instagram account before a call-up to our website is made.
Further information and the applicable data protection provisions of Instagram may be retrieved under https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.
12. DATA PROTECTION PROVISIONS ABOUT THE APPLICATION AND USE OF SHARIFF
On this website, the controller has integrated the component of Shariff. The Shariff component provides social media buttons that are compliant with data protection. Shariff was developed for the German computer magazine c’t and is published by GitHub, Inc.
The developers of the component is GitHub, Inc. 88 Colin P. Kelly Junior Street, San Francisco, CA 94107, United States.
Typically, the button solutions provided by the social networks already transmits personal data to the respective social network, when a user visits a website in which a social media button was integrated. By using the Shariff component, personal data is only transferred to social networks, when the visitor actively activates one of the social media buttons. Further information on the Shariff component may be found in the computer magazine c’t under http://www.heise.de/newsticker/meldung/Datenschutz-und-Social-Media-Der-ct-Shariff-ist-im-Usatz-2470103. Html provided. The use of the Shariff component is intended to protect the personal data of the visitors of our website and to enable us to integrate a button solution for social networks on this website.
Further information and the applicable data protection provisions of GitHub are retrievable under https://help.github.com/articles/github-privacy-policy/.
13. LEGAL BASIS FOR THE PROCESSING
Art. 6(1) lit. a GDPR serves 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 for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR.
In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of 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 would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR.
Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
14. THE LEGITIMATE INTERESTS PURSUED BY THE CONTROLLER OR BY A THIRD PARTY
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
15. PERIOD FOR WHICH THE PERSONAL DATA WILL BE STORED
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
16. PROVISION OF PERSONAL DATA AS STATUTORY OR CONTRACTUAL REQUIREMENT; REQUIREMENT NECESSARY TO ENTER INTO A CONTRACT; OBLIGATION OF THE DATA SUBJECT TO PROVIDE THE PERSONAL DATA; POSSIBLE CONSEQUENCES OF FAILURE TO PROVIDE SUCH DATA
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner).
Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded.
Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the 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 the consequences of non-provision of the personal data.
17. EXISTENCE OF AUTOMATED DECISION-MAKING
As a responsible company, we do not use automatic decision-making or profiling.