privacy

What happens to your data?

Frühling

That too is necessary

The Privacy Policy

The data protection declaration is not rocket science and is only intended to show you what happens to your data:

The following data protection declaration informs you about the collection and processing of personal data on this website. It is intended to explain to you how we handle your personal data and what you can expect when you use our offers.

Surname and contact of the person responsible according to Article 4 para. 7 GDPR

The person responsible within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:

smuggler’s nest
Theissen family
Kirschensteinweg 17
52156 Monschau
Telephone +49 2472 912988
Email: fewo@schmugglernest.de

Your personal data is processed in accordance with German and European data protection law.

The protection of your personal data is extremely important to us.

The website operator adheres to the principle of data avoidance. The collection of personal data is avoided as far as possible. For security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator, this site uses an SSL or. TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.

General information on data processing

Scope of processing of personal data

In principle, we only process the personal data of our users to the extent that this is necessary to provide a functional website and our content and services. The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies in such cases in which it is not possible to obtain prior consent for actual reasons and the processing of the data is permitted by statutory provisions.

Legal basis for processing personal data

Insofar as we obtain the consent of the person concerned for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) as the legal basis.

When processing personal data that is required to fulfill a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Insofar as processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR as the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the person concerned do not outweigh the first interest, Art. 6 para. 1 lit. f GDPR as the legal basis for processing.

Data Erasure and Storage Duration

The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage no longer applies. Storage can also take place if this has been provided for by the European or national legislator in EU regulations, laws or other regulations to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.

information about the survey, Processing and use of personal data

Provision of the website and creation of log files
Every time you visit our website, personal data is automatically collected and processed. The following data is collected for the purpose of creating visitor statistics about the use of this website, improving the website and protecting it from cyber attacks:

(1)    Information about the browser type and version used
(2)    The user’s operating system
(3)    The user’s internet service provider
(4)    The IP address of the user
(5)    Date and time of access
(6)    Websites from which the user’s system accesses our website
(7)    Websites accessed by the user’s system through our website

The log files can contain IP addresses or other data that enable assignment to a user. This could be the case, for example, if the link to the website from which the user arrives at the website or the link to the website to which the user switches contains personal data.

Legal basis for data processing
The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f GDPR.

purpose of data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the IP address of the user must remain stored for the duration of the session.

Storage of the log files
Storage in log files takes place to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of personal data for marketing purposes does not take place in this context.

Our legitimate interest in data processing according to Art. 6 para. 1 lit. f GDPR.

Duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

If the data is stored in log files, this is the case after seven days at the latest. Storage beyond this is possible. In this case, the IP addresses of the users are deleted or alienated so that it is no longer possible to assign the calling client.

Possibility of objection and elimination
The collection of the data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

Use of cookies 
Some of the websites use so-called cookies. Cookies do not damage your computer and do not contain viruses. Cookies serve to make our offer more user-friendly, effective and secure. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies we use are so-called “session cookies”. They are automatically deleted after your visit. Other cookies remain stored on your end device until you delete them. These cookies enable us to recognize your browser on your next visit.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when the browser is closed. If cookies are deactivated, the functionality of this website may be restricted.

Cookies that are required to carry out the electronic communication process or to provide certain functions you want (e.g. shopping cart function) are set on the basis of Art. 6 Para. 1 lit. f GDPR saved. The website operator has a legitimate interest in the storage of cookies for the technically error-free and optimized provision of its services. Insofar as other cookies (e.g. cookies for analyzing your surfing behaviour) are stored, these are treated separately in this data protection declaration.

contact forms

Description and scope of data processing
There are contact forms on our website which can be used for electronic contact. If a user takes advantage of this option, the data entered in the input mask will be transmitted to us and saved. These dates are:

First and Last Name,
Company,
Address,
E-mail address,
phone number
Your message
Arrival date, departure date
Other requests / information

At the time the message is sent, the following data is also stored:
(1)    The IP address of the user
(2)    Date and time of registration

Your consent to the processing of the data is given by the sending process and reference is made to this data protection declaration.

Alternatively, you can contact us via the email address provided. In this case, the user’s personal data transmitted with the e-mail will be stored.

In this context, the data will not be passed on to third parties. The data will only be used to process the conversation.

Legal basis for data processing
The legal basis for processing the data is Art. 6 para. 1 lit. a GDPR.

The legal basis for the processing of the data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f GDPR. If the e-mail contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

purpose of data processing
The processing of the personal data from the input mask serves us solely to process the contact. If contact is made by email, this is also the necessary legitimate interest in the processing of the data.

The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

Duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is over when it can be inferred from the circumstances that the facts in question have been finally clarified.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

Possibility of objection and elimination
The user has the option to revoke his consent to the processing of personal data at any time. If the user contacts us by email, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

All personal data that was saved in the course of making contact will be deleted in this case.

Disclosure of Personal Data
Furthermore, personal data will not be passed on without your express consent, unless there is a legal basis for permission, e.g. if we are legally obliged to release data (information for law enforcement authorities and courts; information for public bodies that receive data due to legal regulations e.g. social security agencies, tax authorities, etc.) or if we involve third parties who are bound to professional secrecy to enforce our claims.

Online booking via our website

1. Description and scope of data processing
You can book rooms and hotel offers on our website. If a user takes advantage of this option, the data entered in the input mask will be transmitted to us and saved. This data is: First name, last name, e-mail address, telephone number, billing address and contact person, age (if booking for children), data of fellow travelers (title, first name, last name), dates of stay (arrival date, departure date), booked rooms, time of booking, wishes, payment data.

When you make an online booking from our website, it is done through the online reservation system: company name, company address, country. All booking data you enter will be transmitted in encrypted form. Our contractual partner has committed to handling your transmitted data in accordance with data protection regulations. It takes all organizational and technical measures to protect your data. You can view the company name’s data protection regulations here http://internetadresse/datenschutzerklaerung.

A separate order data processing was concluded with the name of the company in order to guarantee the protection of your personal data.

In this context, the data will not be passed on to third parties. The data will only be used to process the booking and for communication.

2. Legal basis for data processing
The legal basis for processing the data is the conclusion of an accommodation contract with the user. The legal basis for the transmission of the data is Article 6 para. 1 lit. a GDPR (consent) and Article 6 para. 1 lit. b GDPR (processing to fulfill a contract). The transmitted data is stored in our hotel software and used to execute the contract.

3. Purpose of data processing
The processing of the personal data from the input mask serves us solely to process the booking request and to process the payment transactions.

4. Duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. In the case of a contractual relationship, we will delete the data received as soon as national, commercial or contractual retention requirements have been met.

5. Possibility of objection and elimination
The user has the option to revoke his consent to the processing of personal data at any time. If the user contacts us by email, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued. All personal data that was saved in the course of making contact will be deleted in this case.

Processing of data (customer and contract data)
We collect, process and use personal data only insofar as they are necessary for the establishment, content or change of the legal relationship (inventory data). This is done on the basis of Art. 6 para. 1 lit. b GDPR, which allows the processing of data to fulfill a contract or pre-contractual measures. We collect, process and use personal data about the use of our website (usage data) only to the extent necessary to enable the user to use the service or to bill the user.

The collected customer data will be deleted after completion of the order or termination of the business relationship. Statutory retention periods remain unaffected.

plugins and tools

Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider is Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.

Google Analytics uses so-called “cookies”. These are text files that are stored on your computer and that enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.

Google Analytics cookies are stored on the basis of Art. 6 Para. 1 lit. f GDPR. The website operator has a legitimate interest in analyzing user behavior in order to optimize both its website and its advertising.

IP anonymization

We have activated the IP anonymization function on this website. As a result, your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before it is transmitted to the USA. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

browser plug-in

You can prevent the storage of cookies by setting your browser software accordingly; we would like to point out to you however that in this case you will if applicable not be able to use all functions of this website in full. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by Google by downloading the browser plug-in available under the following link and install: https://tools.google.com/dlpage/gaoptout?hl=de.

Objection against data collection

You can prevent Google Analytics from collecting your data by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to this website: Disable Google Analytics.

You can find more information on how Google Analytics handles user data in the Google data protection declaration: https://support.google.com/analytics/answer/6004245?hl=de.

Order data processing

We have concluded an order data processing contract with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.

Demographic characteristics in Google Analytics

This website uses the “demographic characteristics” function of Google Analytics. This allows reports to be created that contain statements about the age, gender and interests of the site visitors. This data comes from interest-based advertising from Google and visitor data from third-party providers. This data cannot be assigned to a specific person. You can deactivate this function at any time via the ad settings in your Google account or generally prohibit the collection of your data by Google Analytics as described in the point “Objection to data collection”.

Google Web Fonts

This site uses so-called web fonts provided by Google for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into your browser cache in order to display text and fonts correctly.

For this purpose, the browser you are using must connect to the Google servers. This gives Google knowledge that our website was accessed via your IP address. Google Web Fonts are used in the interest of a uniform and appealing presentation of our online offering. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.

If your browser does not support web fonts, a standard font will be used by your computer.

You can find more information about Google Web Fonts at https://developers.google.com/fonts/faq and in Google’s privacy policy: https://www.google.com/policies/privacy/ .

Google Maps

This site uses the Google Maps map service via an API. The provider is Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.

In order to use the functions of Google Maps, it is necessary to save your IP address. This information is usually transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer.

Google Maps is used in the interest of an attractive presentation of our online offers and to make it easier to find the places we have indicated on the website. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.

You can find more information on handling user data in Google’s data protection declaration: https://www.google.de/intl/de/policies/privacy/ .

Route planner Google Maps

If you would like to use our route planner, for example to plan your way to us, you must enter your starting point and destination. This data is provided by the Google Maps map service provided by Google Inc. processed. By using Google Maps, information about your use (in particular the IP address of your computer) can be sent to a server of Google Inc. transferred to and stored in the United States. On the further processing of data by Google Inc. we have no influence. Please also read the terms of use in the Google Maps map if you wish to use the service. If you do not agree with the data processing by Google Inc. If you agree, please refrain from using the map or deactivate the Java Script function in your browser in order to only get a limited view.

social media

On our website you will find the buttons of the well-known social media networks. With activation, certain data is transmitted to the respective social media network, e.g.: the address of the website on which the activated button is located, date and time the website was called up or the button was activated, information about the browser used and the operating system used, your current IP address.

In detail, the following special features arise for the social media networks:

Facebook plugins (Like & Share button)

Plugins from the social network Facebook, provider Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA, are integrated on our website. You can recognize the Facebook plugins by the Facebook logo or the “Like button” (“I like”) on our site. You can find an overview of the Facebook plugins here: https://developers.facebook.com/docs/plugins/ .

When you visit our pages, a direct connection is established between your browser and the Facebook server via the plugin. Facebook receives the information that you have visited our site with your IP address. If you click the Facebook “Like” button while you are logged into your Facebook account, you can link the content of our pages to your Facebook profile. This allows Facebook to associate your visit to our site with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the data transmitted or how it is used by Facebook. You can find more information on this in Facebook’s privacy policy at: https://de-de.facebook.com/policy.php .

If you do not want Facebook to be able to associate your visit to our site with your Facebook user account, please log out of your Facebook user account.

children

Our offer is basically aimed at adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or guardians.

Rights of data subjects

If personal data is processed by you, you are the data subject within the meaning of the GDPR and you have the following rights vis-à-vis the person responsible:

(1) Right to information

You can request confirmation from the person responsible as to whether personal data relating to you is being processed by us.

If such processing is present, you can request information from the person responsible for the following information:

  1. the purposes for which the personal data are processed;
  2. the categories of personal data being processed;
  3. the recipients or categories of recipients to whom your personal data has been or will be disclosed;
  4. the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage duration;
  5. the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the person responsible or a right to object to this processing;
  6. the existence of a right of appeal to a supervisory authority;
  7. all available information about the origin of the data if the personal data are not collected from the data subject;
  8. the existence of automated decision-making including profiling in accordance with Art. 22 para. 1 and 4 GDPR and – at least in these cases – meaningful information about the logic involved as well as the scope and intended effects of such processing for the data subject.

You have the right to request information as to whether your personal data is being transmitted to a third country or to an international organization. In this context, you can request information about the appropriate guarantees in accordance with Art. 46 GDPR to be informed in connection with the transfer

(2) Right to Rectification

You have a right to correction and/or completion to the person responsible if the processed personal data concerning you is incorrect or incomplete. The person responsible must make the correction immediately.

(3) Right to restriction of processing
Under the following conditions, you can request the restriction of the processing of your personal data:

  1. if you contest the accuracy of the personal data concerning you for a period that enables the person responsible to check the accuracy of the personal data;
  2. the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
  3. the person responsible no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
  4. if you object to the processing pursuant to Art. 21 para. 1 GDPR and it is not yet certain whether the legitimate reasons of the person responsible outweigh your reasons.

If the processing of the personal data concerning you has been restricted, this data – apart from its storage – may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State are processed.

If the restriction of processing has been restricted according to the above conditions, you will be informed by the person responsible before the restriction is lifted.

(4) Right to erasure

a) Obligation to delete
You can request the person responsible to delete the personal data concerning you immediately, and the person responsible is obliged to delete this data immediately if one of the following reasons applies:

  1. The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
  2. You revoke your consent, on which the processing pursuant to Art. Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for processing.
  3. You lay acc. Art. 21 para. 1 DSGVO objection to the processing and there are no overriding legitimate reasons for the processing, or you submit acc. Art. 21 para. 2 DSGVO objection to the processing.
  4. The personal data concerning you have been processed unlawfully.
  5. The deletion of the personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the person responsible is subject.
  6. The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.


b) Information to third parties

Has the person responsible made the personal data concerning you public and is he/she acc. Art. 17 para. 1 GDPR, he shall take appropriate measures, also of a technical nature, taking into account the available technology and the implementation costs, to inform those responsible for data processing who process the personal data that you, as the person concerned, want them to delete it all links to such personal data or copies or replications of such personal data.

c) Exceptions
The right to erasure does not exist if processing is necessary

  1. to exercise the right to freedom of expression and information;
  2. to fulfill a legal obligation that requires processing under Union or Member State law to which the controller is subject, or to perform a task that is in the public interest or in the exercise of official authority vested in the controller;
  3. for reasons of public interest in the field of public health in accordance with Art. 9 para. 2 lit. h and i as well as Art. 9 para. 3 GDPR;
  4. for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes acc. Art. 89 para. 1 GDPR, insofar as the right mentioned under section a) is likely to make it impossible or seriously impair the achievement of the objectives of this processing, or
  5. to assert, exercise or defend legal claims.

(5) Right to Information

If you have asserted the right to correction, deletion or restriction of processing against the person responsible, he is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort.

You have the right to be informed about these recipients by the person responsible.

(6) Right to Data Portability

You have the right to receive the personal data concerning you that you have provided to the person responsible in a structured, common and machine-readable format. In addition, you have the right to transmit this data to another person responsible without hindrance by the person responsible for providing the personal data, provided that

  1. the processing is based on consent acc. Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract acc. Art. 6 para. 1 lit. b GDPR is based and
  2. the processing is carried out using automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one person responsible to another person responsible, insofar as this is technically feasible. The freedoms and rights of other people must not be impaired by this.

The right to data portability does not apply to processing of personal data that is required to perform a task that is in the public interest or in the exercise of official authority that has been assigned to the controller.

(7) Right to Object

You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data, which is based on Art. 6 para. 1 lit. e or f GDPR to file an objection; this also applies to profiling based on these provisions.

The person responsible no longer processes the personal data relating to you unless he can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you is processed in order to operate direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising.

If you object to the processing for direct marketing purposes, the personal data relating to you will no longer be processed for these purposes.

In connection with the use of information society services, you have the option – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures that use technical specifications.

(8) Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation.

(9) Automated individual decision-making including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

  1. is necessary for the conclusion or performance of a contract between you and the person responsible,
  2. is permitted on the basis of legal provisions of the Union or the Member States to which the person responsible is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests or
  3. takes place with your express consent.

However, these decisions must not be based on special categories of personal data according to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g DSGVO applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the person responsible shall take appropriate measures to safeguard your rights and freedoms and your legitimate interests, including at least the right to obtain human intervention on the part of the person responsible, to express his or her point of view and to challenge the decision.

(10) Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, your place of work or the place of the alleged infringement, if you believe that the processing of your personal data violates violates the GDPR.

The supervisory authority to which the complaint was lodged will inform the complainant about the status and the results of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.

Contact person for data protection

If you have any questions about the collection, processing or use of your personal data, or if you need information, correction, blocking or deletion of data, please contact:

smuggler’s nest
Bernd Theissen
Kirschensteinweg 17
52156 Monschau
Telephone +49 2472 912988
Email: fewo@schmugglernest.de