Data protection is of a particularly high priority for the management of the Diva
Korčula. The use of the Internet pages of the Diva Korčula 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 Diva Korčula 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 Diva Korčula 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.
- Definitions
The data protection declaration of the Diva Korčula 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 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 analyze or predict
aspects concerning that natural person’s performance at work, economic
situation, health, personal preferences, interests, reliability, behavior,
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 organizational 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
the 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
the nomination may be provided for by Union or Member State law.
h) Processor Processor is a natural or legal person, public authority, agency
or another 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 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 authorized 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 clear affirmative action, signifies agreement to
the processing of personal data relating to him or her.
- 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:
Diva Korčula
Žrnovo
20275 Žrnovo
Island of Korčula
Croatia
Phone: +385 (0) 91 7830 008
Email: inquiry@divakorcula.com
Website: www.divakorcula.com
- Cookies
The Internet pages of the Diva Korčula use cookies. Cookies are text files that are
stored in a computer system via an Internet browser.
Many Internet sites and servers use cookies. Many cookies contain a so-called
cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character
string through which Internet pages and servers can be assigned to the specific
Internet browser in which the cookie was stored. This allows visited Internet sites
and servers to differentiate the individual browser of the data subject from other
Internet browsers that contain other cookies. A specific Internet browser can be
recognized and identified using the unique cookie ID.
Through the use of cookies, the Diva Korčula can provide the users of this website
with more user-friendly services that would not be possible without the cookie
setting.
By means of a cookie, the information and offers on our website can be optimized
with the user in mind. Cookies allow us, as previously mentioned, to recognize our
website users. The purpose of this recognition is to make it easier for users to utilize
our website. The website user that uses cookies, e.g. does not have to enter access
data each time the website is accessed, because this is taken over by the website,
and the cookie is thus stored on the user’s computer system. Another example is the
cookie of a shopping cart in an online shop. The online store remembers the articles
that a customer has placed in the virtual shopping cart via a cookie.
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. - Collection of general data and information
The website of the Diva Korčula 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 Diva Korčula 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 Korcula Hills d.o.o. 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.
- Contact possibility via the website
The website of the Diva Korčula contains information that enables a quick electronic
contact to our enterprise, as well as direct communication with us, which also
includes a general address of the so-called electronic mail (e-mail address). If a data
subject contacts the controller by e-mail or via a contact form, the personal data
transmitted by the data subject are automatically stored. Such personal data
transmitted on a voluntary basis by a data subject to the data controller are stored for
the purpose of processing or contacting the data subject. There is no transfer of this
personal data to third parties. - 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. - Rights of the data subject
a) Right of confirmation Each 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 access Each 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 organizations;
where possible, the envisaged period for which the personal
data will be stored, or, if not possible, the criteria used to
determine that period;
the existence of the right to request from the controller
rectification or erasure of personal data, or restriction of
processing of personal data concerning the data subject, or to
object to such processing;
the existence of the right to lodge a complaint with a supervisory
authority;
where the personal data are not collected from the data subject,
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. Furthermore, the data subject
shall have a right to obtain information as to whether personal
data are transferred to a third country or to an international
organization. Where this is the case, the data subject shall have
the right to be informed of the appropriate safeguards relating to
the transfer.If a data subject wishes to avail himself of this right
of access, he or she may, at any time, contact any employee of
the controller.
c) Right to rectification Each 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.If one of the aforementioned reasons applies, and a data
subject wishes to request the erasure of personal data stored by
the Diva Korčula, he or she may, at any time, contact any
an employee of the controller. An employee of Diva Korčula shall
promptly ensure that the erasure request is complied with
immediately.Where the controller has made personal data public
and is obliged pursuant to Article 17(1) to erase the personal
data, the controller, taking account of available technology and
the cost of implementation shall take reasonable steps,
including technical measures, to inform other controllers
processing the personal data that the data subject has
requested erasure by such controllers of any links to, or copy or
replication of, those personal data, as far as processing is not
required. An employees of the Diva Korčula will arrange the
necessary measures in individual cases.
e) Right of restriction of processing Each 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 defense of legal
claims.
The data subject has objected to processing pursuant to Article
21(1) of the GDPR pending the verification of whether the
legitimate grounds of the controller override those of the data
subject. If one of the aforementioned conditions is met, and a
the data subject wishes to request the restriction of the processing
of personal data stored by the Diva Korčula, he or she may at
any time contact any employee of the controller. The employee
of the Korcula Hill d.o.o. will arrange the restriction of the
processing.
f) Right to data portability Each 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 Diva Korčula
g) Right to object Each data subject shall have the right granted by the
European legislator to object, on grounds relating to his or her particular
the 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 Diva Korčula 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 defense of legal claims. If the Diva Korčula
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
the extent that it is related to such direct marketing. If the data subject objects
to the Diva Korčula to the processing for direct marketing purposes, the
Diva Korčula 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
the particular situation, to object to the processing of personal data concerning him
or her by the Diva Korčula . 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 Diva Korčula. In addition, the data
the 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 profiling each 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 authorized by Union or Member State law
to which the controller is subject and which also lays down suitable
measures to safeguard the data subject’s rights and freedoms and
legitimate interests, or (3) is not based on the data subject’s explicit
consent.If the decision (1) is necessary for entering into, or the performance
of, a contract between the data subject and a data controller, or (2) it is
based on the data subject’s explicit consent, the Korcula Hill d.o.o. 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 Diva Korčula.
i) Right to withdraw data protection consent Each 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 Diva Korčula
- 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.
- 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 anonymized 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.
In addition, the data subject has the possibility of objecting to a collection of data that
are generated by Google Analytics, which is related to the use of this website, as
well as the processing of this data by Google and the chance to preclude any such.
For this purpose, the data subject must download a browser add-on under the
link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells
Google Analytics through JavaScript, that any data and information about the visits
of Internet pages may not be transmitted to Google Analytics. The installation of the
browser add-ons is considered an objection by Google. If the information technology
system of the data subject is later deleted, formatted, or newly installed, then the
data subject must reinstall the browser add-ons to disable Google Analytics. If the
browser add-on was uninstalled by the data subject or any other person who is
attributable to their sphere of competence, or is disabled, it is possible to execute the
reinstallation or reactivation of the browser add-ons.
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/.
- 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 behavior 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/.
- 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
the 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/.
- 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 that are not covered by any of the abovementioned
legal grounds, if the 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 the 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
the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
- 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. - 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 the 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. - 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 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.