1) Introduction and contact details of the person responsible
1.1 We are pleased that you are visiting our website and thank you for your interest. Below we will inform you about how we handle your personal data when you use our website. Personal data is all data that can be used to identify you personally.
1.2 The controller for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Schloss Burgellern Hotel Betriebs GmbH, Kirchplatz 1, 96110 Scheßlitz, Germany, Tel.: 09542/774750, Fax: 09542/774757, Email: info@burgellern.de. The controller for the processing of personal data is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data.
2) Data collection when visiting our website
2.1 If you only use our website for informational purposes, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to the site server (so-called "server log files"). When you visit our website, we collect the following data that is technically necessary for us to display the website to you:
- The website visited
- Date and time of accessing the website
- Volume of data transmitted in bytes
- Source/reference from where you accessed the website
- Browser used
- Operating system used
- IP address used (anonymous if applicable)
The data is processed in accordance with Article 6(1)(f) GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data is not disseminated or used in any other way. However, we reserve the right to check the server logfiles retrospectively if there is concrete evidence of unlawful use.
2.2 For security reasons and to protect the transmission of personal data and other confidential information (e.g. orders or enquiries to the data controller), this website uses SSL and TSL encryption. An encrypted connection can be identified by the character sequence “https://” and the lock symbol in your browser title.
3) Cookies
In order to make visiting our website attractive and to enable the use of certain functions, we use cookies, i.e. small text files that are stored on your device. Some of these cookies are automatically deleted when the browser is closed (so-called "session cookies"), some of these cookies remain longer on your device and allow you to save page settings (so-called "persistent cookies"). In the latter case, you can see the storage duration in the overview of the cookie settings in your web browser.
If personal data is also processed by individual cookies we use, the processing takes place in accordance with Art. 6 Paragraph 1 lit. b GDPR either for the execution of the contract, in accordance with Art. 6 Paragraph 1 lit. According to Art. 6 Para. 1 lit.f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.
You can set your browser so that you are informed about the setting of cookies and individually decide whether to accept them or to exclude the acceptance of cookies for certain cases or in general.
Please note that the functionality of our website may be restricted if you reject cookies.
4) Contacting us
4.1 Chatwerk
This website uses a live chat system from the following provider: Inbox Solutions GmbH, Pretzfelder Straße 7 – 11, 90425 Nuremberg, Germany
The processing of personal data transmitted via the chat takes place either in accordance with Article 6 Paragraph 1 Letter b GDPR because it is necessary for the initiation or execution of the contract, or in accordance with Article 6 Paragraph 1 Letter f GDPR due to our legitimate interest in the effective support of our website visitors.
Your data transmitted in this way will be deleted, subject to conflicting statutory retention periods, once the facts in question have been finally clarified.
In addition, for the purpose of creating pseudonymised usage profiles, further information can be collected and evaluated with the help of cookies, which, however, does not serve to identify you personally and is not merged with other data sets. If this information is personally identifiable, it will be processed in accordance with Article 6 (1) (f) GDPR on the basis of our legitimate interest in the statistical analysis of user behavior for optimization purposes.
The setting of cookies can be prevented by appropriate browser settings. However, the functionality of our website may be restricted in this case. You can object to the collection and storage of data for the purpose of creating a pseudonymized user profile at any time with future effect.
We have concluded an order processing contract with the provider, which ensures the protection of the data of our site visitors and prohibits unauthorized disclosure to third parties.
4.2 WhatsApp Business
You have the option of contacting us via the WhatsApp messaging service provided by WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. For this purpose, we use the so-called “business version” of WhatsApp.
If you contact us via WhatsApp in the course of a specific business (for example, an order), we will store and use the mobile phone number you use for WhatsApp and - if provided - your first name and last name for handling and responding to your enquiry in accordance with Article 6(1)(b) GDPR. On the same legal basis we will request further data (order number, customer number, address, or email address) from you via WhatsApp if required to be able to assign your enquiry to the relevant process.
If you use our WhatsApp contact for general enquiries (e.g. regarding our range of services, availabilities, or regarding our website), we will store and use the mobile phone number you use for WhatsApp and, if provided, your first name and last name in accordance with Article 6(1)(f) GDPR on the basis of our legitimate interest in the efficient and timely provision of the information requested.
Your data will always only be used for answering your enquiry by WhatsApp. They will not be passed on to third parties.
Please note that WhatsApp Business has access to the address book of the mobile device we use for this purpose and automatically transfers telephone numbers stored in the address book to a server of the parent company Meta Platforms Inc. in the USA. To operate our WhatsApp business account, we use a mobile end device whose address book only stores the WhatsApp contact data of those users who have also contacted us via WhatsApp.
This ensures that each person whose WhatsApp contact details are stored in our address book has agreed to the transmission of their WhatsApp telephone number from the address books of their Chat contacts by accepting the WhatsApp conditions of use when using the App on their device for the first time. This is in accordance with Article 6(1)(a) GDPR. This excludes transmission of data of those users that do not use WhatsApp and/or have not contacted us via WhatsApp.
The purpose and scope of the data collection and the further processing and use of the data by WhatsApp as well as your related rights and setting options to protect your privacy can be found in WhatsApp's data protection information: https://www.whatsapp.com
We have concluded an order processing contract with the provider, which protects the data of our site visitors and prohibits disclosure to third parties.
As part of the processing mentioned above, data may be transferred to servers of Meta Platforms Inc. in the USA.
For data transfers to the USA, the provider has joined the EU-US data protection framework (EU-US Data Privacy Framework), which ensures compliance with the European data protection level on the basis of an adequacy decision by the European Commission.
4.3 When contacting us (e.g. via contact form or e-mail), personal data is collected. Which data is collected when using a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of answering your request or for establishing contact and the associated technical administration.
The legal basis for the processing of this data is our legitimate interest in answering your request in accordance with Article 6 (1) (f) GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR. Your data will be deleted once your request has been processed. This is the case if it can be inferred from the circumstances that the facts in question have been finally clarified and provided that there are no legal storage obligations to the contrary.
5) Use of customer data for direct advertising
5.1 Registration for our e-mail newsletter
If you subscribe to our e-mail newsletter, we will send you regular information about our offers. Mandatory information for sending the newsletter is your e-mail address alone. The specification of further data is voluntary and will be used to address you personally. For sending the newsletter we use the so-called double opt-in procedure. This means that we will only send you an e-mail newsletter if you have expressly confirmed that you agree to receive the newsletter. We will then send you a confirmation e-mail asking you to confirm by clicking on a link that you wish to receive the newsletter in the future.
By activating the confirmation link, you give us your consent to the use of your personal data in accordance with Art. 6 para. 1 lit. a GDPR. When registering for the newsletter, we will save your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration in order to be able to trace a possible misuse of your e-mail address at a later date. The data collected by us when registering for the newsletter will be used exclusively for promotional purposes by means of the newsletter. You can cancel the newsletter at any time via the provided link in the newsletter or by sending a message to the person named above. After cancellation, your e-mail address will be deleted immediately in our newsletter distribution, as far as you have not expressly consented to a further use of your data or we reserve the right to further data usage, which is permitted by law and about which we inform you in this statement.
5.2 Sending the e-mail newsletter to existing customers
If you have provided us with your e-mail address when purchasing goods or services, we reserve the right to regularly send you offers for goods or services from our range by e-mail that are similar to those you have already purchased. According to Section 7 (3) UWG, we do not have to obtain your separate consent for this. In this respect, data processing takes place solely on the basis of our legitimate interest in personalized direct advertising in accordance with Article 6 (1) (f) GDPR. If you initially objected to the use of your e-mail address for this purpose, we will not send you an e-mail.
You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future by notifying the person responsible named at the beginning. For this, you only incur transmission costs according to the basic tariffs. After receipt of your objection, the use of your e-mail address for advertising purposes will be stopped immediately.
6) Page functionalities
6.1 Google Maps
This website uses an online map service from the following provider: Google Maps (API) from Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google").
Google Maps is a web service for displaying interactive (land) maps to visually display geographic information. Using this service will show you our location and make it easier to get there.
As soon as you call up those sub-pages in which the Google Maps map is integrated, information about your use of our website (such as your IP address) is transmitted to Google's servers and stored there. This can also result in transmission to the servers of Google LLC. come in the US. This occurs regardless of whether Google provides a user account through which you are logged in or whether a user account exists. If you are logged in to Google, your data will be assigned directly to your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them.
The collection, storage and evaluation are carried out in accordance with Article 6 Paragraph 1 Letter f GDPR on the basis of Google's legitimate interest in the display of personalized advertising, market research and/or the needs-based design of Google websites. You have the right to object to the creation of these user profiles, although you must contact Google to exercise this right. If you do not agree to the future transmission of your data to Google when using Google Maps, you also have the option of completely deactivating the Google Maps web service by switching off the JavaScript application in your browser. Google Maps and thus also the map display on this website cannot then be used.
As far as is legally required, we have obtained your consent to your data being processed as described above in accordance with Article 6(1)(a) GDPR. You can withdraw your consent at any time with future effect. To exercise the withdrawal of your consent, please refer to the option for exercising an objection as detailed above.
For data transfers to the USA, the provider has joined the EU-US data protection framework (EU-US Data Privacy Framework), which ensures compliance with the European data protection level on the basis of an adequacy decision by the European Commission.
Further information on Google’s privacy policy can be found here: https://business.safety.google
6.2 Google reCAPTCHA
On this website we use the CAPTCHA service of the following provider: Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland
Data can also be transmitted to: Google LLC, USA. For the visual design of the Captcha window, the provider uses "Google Fonts", i.e. fonts downloaded from the Internet by Google. Additional information than that mentioned above, which is already transmitted to Google via the ReCaptcha functionality, is processed not here.
The service checks whether an input has been made by a natural person or has been abusively processed by machine and automated means, and blocks spam, DDoS attacks and similar automated malicious access. To ensure that an action is carried out by a human and not by an automated bot, the provider collects the IP address of the end device used, identification data of the browser and operating system type used, as well as the date and duration of the visit and transmits these to the provider's servers for evaluation. Cookies can be used for this purpose, i.e. small text files that are stored in the browser of the end device.
If the processing described above is based on cookies, these will only be set if you have given us your express consent in accordance with Art. 6 Paragraph 1 Letter a of GDPR. You can revoke your consent at any time with effect for the future by deactivating this service in the "Cookie Consent Tool" provided on the website.
If the processing described above is carried out without the use of cookies, the legal basis is our legitimate interest in determining individual responsibility on the Internet and avoiding misuse and spam in accordance with Art. 6 (1) (f) GDPR.
We have concluded an order processing contract with the provider, which ensures the protection of the data of our site visitors and prohibits unauthorized disclosure to third parties.
For data transfers to the USA, the provider has joined the EU-US data protection framework (EU-US Data Privacy Framework), which ensures compliance with the European data protection level on the basis of an adequacy decision by the European Commission.
Further information on Google’s privacy policy can be found here: https://business.safety.google
6.3 Applications for job advertisements by email
On our website, we are currently advertising vacancies in a separate section, to which interested parties can apply by e-mail to the contact address provided.
Applicants must provide all personal data necessary for an informed assessment, including general information such as name, address and contact details, as well as proof of performance and, where appropriate, health-related information. Details on the application can be found in the job advertisement.
After receipt of the application by e-mail, the data will be stored and evaluated exclusively for the purpose of processing the application. If we have any questions, we use either the e-mail address or telephone number of the applicant. The processing takes place on the basis of Art. 6 Para. 1 lit. b GDPR (or Section 26 Para. 1 BDSG), in the sense of which going through the application process is considered to be the initiation of an employment contract.
Insofar as special categories of personal data within the meaning of Article 9 (1) GDPR (e.g. health data such as information on the severely disabled) are requested from applicants, processing takes place in accordance with Article 9 (2) lit. b. GDPR, so that we can exercise the rights arising from labor law and social security and social protection law and fulfill our obligations in this regard.
Cumulatively or alternatively, the processing of the special data categories may also be based on Art. 9 para. 1 lit. h DSGVO if it is used for health or occupational health purposes, for assessing the applicant's ability to work, for medical diagnosis, care or treatment in the health or social sector or for the administration of systems and services in the health or social sector he follows.
If the applicant is not selected or if an applicant withdraws his application prematurely, his transmitted data and all electronic correspondence including the application e-mail will be deleted after 6 months at the latest after notification. This period is based on our legitimate interest in answering any follow-up questions about the application and, if necessary, in being able to meet our obligations to provide evidence from the regulations on the equal treatment of applicants.
In the event of a successful application, the data provided will be processed on the basis of Article 6 (1) (b) GDPR (when processed in Germany in conjunction with Section 26 (1) BDSG) for the purpose of carrying out the employment relationship.
6.4 Online applications using a form
On our website, we advertise current vacancies in a separate section, for which interested parties can apply using the appropriate form.
Applicants must provide all personal data necessary for an informed assessment, including general information such as name, address and contact details, as well as proof of performance and, where appropriate, health-related information. Details on the application can be found in the job advertisement.
In the course of sending the form, the applicant data is transmitted to us in encrypted form in accordance with the state of the art, stored by us and evaluated exclusively for the purpose of processing the application. The processing takes place on the basis of Art. 6 Para. 1 lit. b GDPR (or Section 26 Para. 1 BDSG), in the sense of which going through the application process is considered to be the initiation of an employment contract.
Insofar as special categories of personal data within the meaning of Article 9 (1) GDPR (e.g. health data such as information on the severely disabled) are requested from applicants, processing takes place in accordance with Article 9 (2) lit. b. GDPR, so that we can exercise the rights arising from labor law and social security and social protection law and fulfill our obligations in this regard.
Cumulatively or alternatively, the processing of the special data categories may also be based on Art. 9 para. 1 lit. h DSGVO if it is used for health or occupational health purposes, for assessing the applicant's ability to work, for medical diagnosis, care or treatment in the health or social sector or for the administration of systems and services in the health or social sector he follows.
If the applicant is not selected or if an applicant withdraws his application prematurely, his data submitted in the form and all electronic correspondence, including the application email, will be deleted after 6 months at the latest after notification. This period is based on our legitimate interest in answering any follow-up questions about the application and, if necessary, in being able to meet our obligations to provide evidence from the regulations on the equal treatment of applicants.
In the event of a successful application, the data provided will be processed on the basis of Article 6 (1) (b) GDPR (when processed in Germany in conjunction with Section 26 (1) BDSG) for the purpose of carrying out the employment relationship.
7) Tools and miscellaneous
Cookie Consent Tool
This website uses a so-called “cookie consent tool” to obtain effective user consent for cookies and cookie-based applications that require consent. The “cookie consent tool” is displayed to users when they access the page in the form of an interactive user interface on which consent can be given for certain cookies and/or cookie-based applications by checking a box. By using the tool, all cookies/services requiring consent are only loaded if the respective user gives their consent by checking the box. This ensures that such cookies are only set on the user's device if consent has been given.
The tool sets technically necessary cookies in order to save your cookie preferences. Personal user data are generally not processed here.
If, in individual cases, personal data (such as the IP address) is processed for the purpose of storing, assigning or logging cookie settings, this is done in accordance with Art. 6 Para. 1 lit.f GDPR on the basis of our legitimate interest in a Legally compliant, user-specific and user-friendly consent management for cookies and therefore a legally compliant design of our website.
Another legal basis for processing is Article 6 (1) (c) GDPR. As the person responsible, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user consent.
If necessary, we have concluded an order processing contract with the provider, which ensures the protection of the data of our site visitors and prohibits unauthorized disclosure to third parties.
Further information on the operator and the setting options for the cookie consent tool can be found directly in the corresponding user interface on our website.
8) Rights of the data subject
8.1 The applicable data protection law grants you the following rights of data subjects (information and intervention rights) vis-à-vis the person responsible with regard to the processing of your personal data, whereby reference is made to the stated legal basis for the respective exercise requirements:
- Right to information in accordance with Art. 15 GDPR;
- Right to rectification in accordance with Art. 16 GDPR;
- Right to deletion in accordance with Art. 17 GDPR;
- Right to restriction of processing in accordance with Art. 18 GDPR;
- Right to information in accordance with Art. 19 GDPR;
- Right to data portability in accordance with Art. 20 GDPR;
- Right to revoke consent given in accordance with Art. 7 Para. 3 GDPR;
- Right to lodge a complaint in accordance with Art. 77 GDPR.
8.2 RIGHT TO OBJECT
IF WE PROCESS YOUR PERSONAL DATA WITHIN A BALANCING OF INTERESTS AND BASED ON OUR OVERRIDING LEGITIAMTE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING AT ANY TIME WITH FUTURE EFFECT FOR REASONS EMANATING FROM YOUR SPECIFIC SITUATION.
IF YOU MAKE USE OF YOUR RIGHT TO OBJECT WE WILL TERMINATE PROCESSING THE RELEVANT DATA. WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING PRIVILEGED REASONS FOR PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE, OR DEFENCE OF LEGAL CLAIMS.
IF YOUR PERSONAL DATA ARE PROCESSED BY US FOR DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA FOR SUCH ADVERTISING PURPOSES AT ANY TIME. YOU CAN EXERCISE YOUR OBJECTION AS DESCRIBED ABOVE.
IF YOU MAKE USE OF YOUR RIGHT TO OBJECT WE WILL TERMINATE PROCESSING THE RELEVANT DATA FOR DIRECT ADVERTISING PURPOSES.
9) Storage period of personal data
The storage duration of personal data is determined by the respective legal framework, the processing purpose, and - where appropriate - additionally by the respective legal retention period (e.g. retention periods pertaining to commercial or tax legislation).
When processing personal data on the basis of an express consent in accordance with Article 6 Paragraph 1 lit. a GDPR, the data concerned will be stored until you revoke your consent.
If legal retention periods exist for data that have been processed within transactional or transactional-similar obligations on the basis on Article 6(1)(b) GDPR, these data will be routinely erased after expiry of the retention period provided they are no longer required for the fulfilment or initiation of a contract and/or no legitimate interest on continued storage continues from our side.
When processing personal data on the basis of Article 6 Paragraph 1 Letter f GDPR, this data will be stored until you exercise your right of objection in accordance with Article 21 Paragraph 1 GDPR, unless we can provide compelling reasons worthy of protection prove the processing that outweighs your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
When processing personal data for the purpose of direct advertising on the basis of Article 6 (1) (f) GDPR, this data will be stored until you exercise your right of objection under Article 21 (2) GDPR.
If any other information of this declaration about specific processing situations does not result in any other outcomes, stored personal data will be erased when they are no longer required for the purposes for which they were collected or processed in any other way.
