Data protection

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We are very pleased about your interest in our company. Data protection is of particularly high importance for the management of Horschel GmbH. The use of the websites of Horschel GmbH is generally possible without providing any personal data. However, if a data subject wishes to make use of special services offered by our company via our website, the processing of personal data may become necessary. If the processing of personal data is required and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data—such as the name, address, email address, or telephone number of a data subject—is always carried out in accordance with the General Data Protection Regulation (GDPR) and with the country-specific data protection regulations applicable to Horschel GmbH. By means of this privacy policy, our company wishes to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this privacy policy informs data subjects of their rights.

As the data controller, Horschel GmbH has implemented numerous technical and organizational measures to ensure the most complete protection possible of personal data processed through this website. However, internet-based data transmissions can generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, such as by telephone.

1. Definitions

This privacy policy of Horschel GmbH is based on the terminology used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our aim is to make this privacy policy easy to read and understand for the public, our customers, and business partners. To ensure this, we would like to explain the terminology used in advance.

In this privacy policy, we use the following terms, among others:

a) Personal Data
Personal data means any information relating to an identified or identifiable natural person (hereinafter “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 one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

b) Data Subject
A 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, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

d) Restriction of Processing
Restriction of processing means the marking of stored personal data with the aim of limiting its future processing.

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) Pseudonymization
Pseudonymization is the processing of personal data in such a manner that the 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 is not attributed to an identified or identifiable natural person.

g) Controller or Data Controller
The controller or data controller 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.

h) Processor
A processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

i) Recipient
A recipient is a natural or legal person, public authority, agency, or another body, to whom the personal data are disclosed, whether a third party or not. However, 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.

j) Third Party
A 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 is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and Address of the Controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union, and other provisions related to data protection is:

Horschel GmbH
Untermarkt 1
02826 Görlitz
Germany

Phone: +49 3581 8779844
Email: kontakt@horschel-restaurant.de
Website: www.horschel-restaurant.de

3. Hosting

This website is hosted by an external service provider (host). The personal data collected on this website are stored on the servers of the host. This may include, in particular, IP addresses, contact requests, meta and communication data, contract data, contact details, names, website access logs, and other data generated via a website.

The use of the host is for the purpose of fulfilling contracts with our potential and existing customers (Art. 6 (1) lit. b GDPR) and in the interest of providing our online services securely, quickly, and efficiently by a professional provider (Art. 6 (1) lit. f GDPR). Our host will process your data only to the extent necessary to fulfill its service obligations and in accordance with our instructions regarding this data.

We use the following host:

Wix.com Ltd.

 

4. Use of External Software/Third-Party Providers

3RPMS (PMS Software):
HaDre GmbH
Rothenburger Str. 241
90439 Nuremberg
Germany

Channel Manager and Booking Platform:
Viato GmbH
Burkheimer Str. 4
79111 Freiburg im Breisgau
Germany

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5. Cookies

The websites of Horschel GmbH use cookies. Cookies are text files that are stored on a computer system via an internet browser.

Many websites 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 string through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

By using cookies, Horschel GmbH can provide users of this website with more user-friendly services that would not be possible without the cookie setting.

Through the use of cookies, the information and offers on our website can be optimized with the user in mind. As already mentioned, cookies allow us to recognize the users of our website. The purpose of this recognition is to make it easier for users to utilize our website. For example, users of a website that uses cookies do not have to enter their login data again each time they visit the website, as this is taken over by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The data subject can, at any time, prevent the setting of cookies by our website by adjusting the settings of the internet browser used and can thus permanently deny the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be fully usable.

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6. Collection of General Data and Information

The website of Horschel GmbH collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information are stored in the server log files. The following data may be collected: (1) 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 that are accessed on our website via an accessing system, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) other similar data and information that serve to protect against threats in the event of attacks on our IT systems.

When using this general data and information, Horschel GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) correctly deliver the content of our website, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term functionality of our IT systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. Therefore, Horschel GmbH analyzes anonymously collected data and information statistically, with the aim of increasing data protection and data security in our company, and ultimately ensuring 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.

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7. Registration on Our Website

The data subject has the possibility to register on the website of the data controller by providing personal data. Which personal data is transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for their own purposes. The controller may arrange for transfer to one or more processors (e.g., a parcel service) who also use the personal data exclusively for internal use attributable to the controller.

By registering on the website of the controller, the IP address assigned by the internet service provider (ISP) to the data subject, as well as the date and time of the registration, are also stored. The storage of this data is done against the background that this is the only way to prevent the misuse of our services and, if necessary, to make it possible to investigate committed offenses. In this respect, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a legal obligation to pass it on or if it serves the purpose of criminal prosecution.

The registration of the data subject by voluntarily providing personal data allows the controller to offer the data subject content or services that may only be offered to registered users due to the nature of the matter. Registered persons are free to change the personal data provided during registration at any time or to have them completely deleted from the data stock of the controller.

The controller shall, at any time upon request, provide information to each data subject about what personal data is stored about the data subject. Furthermore, the controller shall correct or delete personal data upon request or notification of the data subject, provided that there are no statutory retention obligations to the contrary. All employees of the controller are available to the data subject in this regard as contact persons.

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8. Subscription to Our Newsletter

Users are given the opportunity to subscribe to the newsletter of Horschel GmbH on the website. The input mask used for this purpose determines which personal data are transmitted to the controller when ordering the newsletter.

Horschel GmbH informs its customers and business partners regularly by means of a newsletter about company offers. The newsletter of our company can only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter mailing. For legal reasons, a confirmation e-mail is sent in the double opt-in procedure to the e-mail address entered by a data subject for the first time for the newsletter dispatch. This confirmation email is used to verify whether the owner of the e-mail address as the data subject has authorized the receipt of the newsletter.

When registering for the newsletter, we also store the IP address assigned by the ISP to the computer system used by the data subject at the time of registration, as well as the date and time of registration. The collection of this data is necessary to be able to trace any (possible) misuse of a data subject's email address at a later date and therefore serves the legal protection of the controller.

The personal data collected during the registration for the newsletter will only be used to send our newsletter. Subscribers to the newsletter may also be informed by e-mail if this is necessary for the operation of the newsletter service or a related registration, such as in the case of changes to the newsletter offer or changes in technical circumstances. There is no disclosure of personal data collected as part of the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. Consent to the storage of personal data that the data subject has provided to us for the newsletter mailing can be revoked at any time. For the purpose of revoking consent, a corresponding link is found in each newsletter. Furthermore, there is the possibility to unsubscribe at any time directly on the website of the controller or to communicate this to the controller in another way.

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9. Newsletter Tracking

The newsletters of Horschel GmbH contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in emails sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, Horschel GmbH can determine whether and when an email was opened by a data subject and which links in the email were clicked by the data subject.

Personal data collected via the tracking pixels contained in the newsletters is stored and analyzed by the controller in order to optimize the newsletter dispatch and to better tailor the content of future newsletters to the interests of the data subject. These personal data are not passed on to third parties. Data subjects may revoke their separate consent given via the double opt-in procedure at any time. After a revocation, these personal data will be deleted by the controller. Unsubscribing from the newsletter is automatically interpreted by Horschel GmbH as a revocation.

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10. Contact via the Website

Due to legal requirements, the website of Horschel GmbH contains information that enables quick electronic contact with our company as well as direct communication with us, which also includes a general email address. If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data voluntarily transmitted by a data subject to the controller will be stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

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11. Routine Deletion and Blocking of Personal Data

The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or as stipulated by the European legislator or other competent legislators in laws or regulations to which the controller is subject.

If the storage purpose no longer applies or if a legally prescribed storage period expires, the personal data will be routinely blocked or deleted in accordance with legal requirements.

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12. Rights of the Data Subject

a) Right to Confirmation
Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether personal data concerning them are being processed. If a data subject wishes to exercise this right, they may contact a staff member of the controller at any time.

b) Right to Access
Every data subject has the right granted by the European legislator to obtain free information from the controller about their stored personal data and a copy of that information. Additionally, the European legislator grants the data subject access to the following information:

• the purposes of processing;

• the categories of personal data being processed;

• 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;

• if possible, the planned duration of the storage, or if not possible, the criteria used to determine that duration;

• the existence of the right to rectification or erasure, or restriction of processing or objection to such processing;

• the right to lodge a complaint with a supervisory authority;

• where the personal data are not collected from the data subject: any available information about their source;

• the existence of automated decision-making, including profiling, according to Article 22(1) and (4) GDPR and—at least in those cases—meaningful information about the logic involved and the significance and envisaged consequences for the data subject.

Furthermore, the data subject has the right to know whether personal data has been transferred to a third country or an international organization. Where this is the case, the data subject has the right to be informed of the appropriate safeguards relating to the transfer.

To exercise this right, the data subject may contact a staff member of the controller at any time.

c) Right to Rectification
Every data subject has the right to request the immediate rectification of inaccurate personal data concerning them. They also have the right, considering the purposes of processing, to request the completion of incomplete personal data, including by means of a supplementary statement.

To exercise this right, the data subject may contact a staff member of the controller at any time.

d) Right to Erasure ("Right to Be Forgotten")
Every data subject has the right to request from the controller the immediate erasure of personal data concerning them, where one of the following grounds applies and processing is not necessary:

• The data are no longer necessary for the purposes for which they were collected or otherwise processed.

• The data subject withdraws consent on which the processing is based pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR and there is no other legal basis for the processing.

• The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds, or the data subject objects pursuant to Art. 21(2) GDPR.

• The personal data have been unlawfully processed.

• The personal data must be erased to comply with a legal obligation in Union or Member State law to which the controller is subject.

• The personal data were collected in relation to information society services offered under Art. 8(1) GDPR.

If one of these grounds applies and a data subject wishes to request the erasure of personal data stored by Horschel GmbH, they may contact a staff member of the controller at any time. The staff member will ensure that the erasure request is complied with immediately.

If Horschel GmbH has made personal data public and is obliged to erase them pursuant to Art. 17(1) GDPR, Horschel GmbH will take reasonable steps, including technical measures, to inform other controllers processing the data that the data subject has requested erasure of all links to or copies or replications of the data, unless processing is necessary. The staff member will take the necessary steps on a case-by-case basis.

e) Right to Restriction of Processing
The data subject has the right to obtain restriction of processing if one of the following conditions is met:

• The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy.

• The processing is unlawful and the data subject opposes the erasure and requests restriction instead.

• The controller no longer needs the data, but the data subject needs them for the establishment, exercise or defense of legal claims.

• The data subject has objected to processing under Art. 21(1) GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.

To request restriction, the data subject may contact a staff member of Horschel GmbH at any time.

f) Right to Data Portability
The data subject has the right to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format and to transmit it to another controller without hindrance, if the processing is based on consent (Art. 6(1)(a) or Art. 9(2)(a) GDPR) or on a contract (Art. 6(1)(b) GDPR) and the processing is carried out by automated means.

They also have the right to have the data transmitted directly from one controller to another, where technically feasible and provided it does not adversely affect the rights and freedoms of others.

To exercise this right, the data subject may contact a staff member of Horschel GmbH at any time.

g) Right to Object
The data subject has the right to object, on grounds relating to their particular situation, at any time to the processing of personal data concerning them based on Art. 6(1)(e) or (f) GDPR, including profiling based on those provisions.

Horschel GmbH shall no longer process the personal data unless it can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject or for the establishment, exercise, or defense of legal claims.

If Horschel GmbH processes data for direct marketing, the data subject has the right to object at any time to such processing. This includes profiling related to direct marketing. If the data subject objects to processing for direct marketing, Horschel GmbH will no longer process the data for such purposes.

The data subject also has the right to object to processing for scientific or historical research or statistical purposes under Art. 89(1) GDPR, unless it is necessary for reasons of public interest.

To exercise the right to object, the data subject may contact any staff member of Horschel GmbH directly. Additionally, the data subject is free to exercise their objection right by automated means using technical specifications, notwithstanding Directive 2002/58/EC.

h) Automated Decisions Including Profiling
The data subject has the right not to be subject to a decision based solely on automated processing—including profiling—which produces legal effects concerning them or similarly significantly affects them, unless the decision:

1. is necessary for entering into or performing a contract between the data subject and the controller;

2. is authorized by Union or Member State law; or

3. is based on the data subject’s explicit consent.

In cases 1 and 3, Horschel GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms, including the right to human intervention, to express their point of view, and to contest the decision.

To assert rights regarding automated decisions, the data subject may contact a staff member at any time.

i) Right to Withdraw Consent
Every data subject has the right to withdraw consent to the processing of their personal data at any time.

To exercise the right to withdraw consent, the data subject may contact a staff member of the controller at any time.

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13. Legal Basis for Processing

Art. 6(1)(a) GDPR serves as the legal basis for processing operations where we obtain consent for a specific purpose. If processing is necessary for the performance of a contract with the data subject, e.g., for the delivery of goods or provision of services, it is based on Art. 6(1)(b) GDPR. This also applies to processing necessary for pre-contractual measures, such as product inquiries.

If our company is subject to a legal obligation requiring processing (e.g., tax obligations), it is based on Art. 6(1)(c) GDPR. In rare cases, processing may be necessary to protect vital interests of the data subject or another person (Art. 6(1)(d) GDPR), e.g., in the event of an injury on our premises.

Processing operations not covered by any of the above bases may be based on Art. 6(1)(f) GDPR, where processing is necessary for the legitimate interests of our company or a third party, provided these are not overridden by the data subject’s rights and freedoms. This is recognized by the European legislator, particularly when the data subject is a customer of the controller (Recital 47 GDPR).

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14. Legitimate Interests Pursued by the Controller or a Third Party

Where the processing of personal data is based on Art. 6(1)(f) GDPR, our legitimate interest is the conduct of our business for the benefit of the well-being of all our employees and shareholders.

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15. Duration for Which Personal Data Is Stored

The criterion for the duration of storage is the respective statutory retention period. After expiry of this period, the corresponding data are routinely deleted, unless they are still required for the performance or initiation of a contract.

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16. Statutory or Contractual Requirements for the Provision of Personal Data; Necessity for the Conclusion of a Contract; Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Failure to Provide Such Data

We inform you that the provision of personal data may, in part, be required by law (e.g., tax regulations) or may also arise from contractual provisions (e.g., information regarding the contractual partner). In some cases, it may be necessary for the conclusion of a contract that a data subject provides us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company enters into a contract with them. Failure to provide personal data would result in the contract with the data subject not being concluded.

Before personal data is provided by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract, or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data, and what consequences the failure to provide such data would have.

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17. Existence of Automated Decision-Making

As a responsible company, we do not use automated decision-making or profiling.

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Note:
This privacy policy was generated using the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which serves as the external data protection officer in Nuremberg, in cooperation with attorney Christian Solmecke, a specialist in IT and data protection law.