Data Protection Notice

The following information provides a simple overview of what happens to your personal data when you visit our website. Personal data is any data with which you can be personally identified. For more detailed information on the subject of data protection, please refer to our data protection declaration below this text.

Data collection on our website

Who is responsible for data collection on this website?
The data processing on this website is carried out by the website operator. You can find the contact details in the imprint of this website.

How do we collect your data?
On the one hand, your data is collected when you provide it to us. This can be, for example, data that you enter in a contact form.
Other data is collected automatically by our IT systems when you visit the website. This is mainly technical data (e.g. internet browser, operating system or time of page view). This data is collected automatically upon entering our website.

What do we use your data for?
Some of the data is collected in order to ensure error-free provision of the website. Other data may be used to analyse user behaviour.

What rights do you have regarding your data?
You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have the right to demand the correction, blocking or deletion of this data. You can contact us at any time at the address given in the imprint for this purpose and for further questions on the subject of data protection. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

You can contact us at any time at the address given in the imprint with regard to this and other questions on the subject of data protection.

Analysis tools and tools from third-party providers
When visiting this website, your browsing behaviour may be statistically analysed. This is done primarily with cookies and so-called analysis programmes. Detailed information on these analysis programmes can be found in the following data protection declaration.

Data Protection

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.

When you use this website, various personal data are collected. Personal data is data with which you can be personally identified. This Privacy Policy explains what information we collect and how we use it. It also explains how and for what purpose this is done.
We would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible.

Note on the responsible office

The responsible party for data processing on this website is:
Ernst und Andrea Mayer Hotelbetriebs-GmbH.
Danielstrasse 3
6631 Lermoos/Tyrol
Austria

Responsible for data protection:
Andreas Fischer, datenschutz@familux.com
The data controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, e-mail addresses, etc.).

Withdrawal of your consent to data processing

Many data processing operations are only possible with your express consent. You can revoke your consent at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

Right to object to data collection in special cases and to direct advertising (Art. 21 DSGVO)

If data processing is carried out on the basis of Art. 6(1)(e) or (f) DSGVO, you have the right to object to the processing of your personal data at any time for reasons arising from your particular situation; this also applies to profiling based on these provisions. The respective legal basis on which processing is based can be found in this privacy policy. If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims (objection under Article 21(1) of the GDPR).

If your personal data is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling insofar as it is related to such direct marketing. If you object, your personal data will subsequently no longer be used for the purpose of direct advertising (objection pursuant to Art. 21 (2) DSGVO).

Right of appeal to the competent supervisory authority

In the event of breaches of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your main residence, your place of work or the place of the alleged breach. The right of appeal is without prejudice to other administrative or judicial remedies. A list of data protection officers and their contact details can be found at the following link:

Responsible for Germany: www.bfdi.bund.de.
Responsible for Austria: www.dsb.gv.at

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfilment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.

SSL or TLS encryption

For security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognise an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.
If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Information, blocking, deletion

Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of the data processing and, if applicable, the right to correction, blocking or deletion of this data. You can contact us at any time at the address given in the imprint for this purpose and for further questions on the subject of personal data.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. To do this, you can contact us at any time at the address given in the imprint. The right to restriction of processing exists in the following cases:

• If you dispute the accuracy of your personal data stored by us, we usually need time to check this. For the duration of the review, you have the right to request the restriction of the processing of your personal data.
• If the processing of your personal data has happened / is happening unlawfully, you can request the restriction of data processing instead of erasure.
• If we no longer need your personal data, but you need it to exercise, defend or enforce legal claims, you have the right to request the restriction of the processing of your personal data instead of the erasure.
• If you have lodged an objection in accordance with Article 21(1) of the GDPR, a balance must be struck between your interests and ours. As long as it has not yet been determined whose interests prevail, you have the right to demand the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data may – apart from being stored – only be processed with your consent or for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the European Union or a Member State.

Objection to advertising e-mails

We hereby object to the use of contact data published within the scope of the imprint obligation to send advertising and information material that has not been expressly requested. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, for example by spam e-mails.

Protection of minors

Persons who have not yet reached the age of 16 may not transmit any personal data to us without the consent of their legal guardians. Personal information may only be provided to us by persons who have not yet reached the age of 16 if the express consent of their legal guardians has been obtained or if the persons have reached the age of 16 or are older. This data will be processed in accordance with this privacy policy.

Cookies

Our website uses so-called “cookies”. Cookies are small text files and do not cause any damage to your terminal device. They are stored either temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your end device. Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your end device until you delete them yourself or until they are automatically deleted by your web browser.

In some cases, cookies from third-party companies may also be stored on your terminal device when you enter our site (third-party cookies). These enable us or you to use certain services of the third-party company (e.g. cookies for processing payment services).

Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies are used to evaluate user behaviour or display advertising.

Cookies that are necessary to carry out the electronic communication process (necessary cookies) or to provide certain functions desired by you (functional cookies, e.g. for the shopping cart function) or to optimise the website (e.g. cookies to measure the web audience) are stored on the basis of Art. 6 (1) lit. f DSGVO, unless another legal basis is specified. The website operator has a legitimate interest in storing cookies for the technically error-free and optimised provision of its services. If consent to the storage of cookies has been requested, the storage of the cookies in question is based exclusively on this consent (Art. 6 para. 1 lit. a DSGVO); consent can be revoked at any time.

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

If cookies are used by third-party companies or for analysis purposes, we will inform you about this separately within the framework of this data protection declaration and, if necessary, request your consent.

Cookies in detail

Google Analytics

This is a web analysis service. It can be used to measure advertising ROI and to track Flash, video and social networking sites and applications.

• CONSENT: Used to determine if the visitor has accepted the marketing category in the cookie banner. This cookie is necessary for the website’s compliance with the GDPR.
• _gat: Used by Google Analytics to limit the request rate.
• _ga: RRegisters a unique ID that is used to generate statistical data on how the visitor uses the website.
• _gid: Registers a unique ID that is used to generate statistical data on how the visitor uses the website.
• r/collect: This cookie is used to send data to Google Analytics about the visitor’s device and behaviour. It monitors the visitor across all devices and marketing channels.
• __utma Allows us to see how many visitors come to our website and how often.
• __utmb: Records when a page is closed and is used in conjunction with __utmc to measure how long visitors spend looking at individual pages on our site.
• __utmc: Records when a page is closed and is used in conjunction with __utmb to measure how long visitors spend viewing our pages
• __utmv -
• __utmx -
• __utmz: Tracks how visitors find our website – for example, whether they came via a search engine or links from other websites, or typed the web address directly. Also shows the order of pages that visitors access.
• __utmt: Used to throttle the query rate.

Matomo

This website uses the web tracking tool Matomo to collect and store data for statistical and optimisation purposes. Matomo uses cookies, which are text files placed on your computer, to help the website analyse how users use the site. For this purpose, the usage information generated by the cookie (including your anonymised IP address) is transmitted to our server and stored. This function can be deactivated in the browser. The information generated by the cookie is used for statistical purposes and to improve the website and server. Your IP address is anonymised and cannot be traced back to you. It will not be passed on to third parties.

• MATOMO_SESSID: Used by Piwik Analytics Platform to track visitor page views during the session.
• tool-piwik-php: Used by Piwik Analytics Platform to track visitor page views during the session.
• _pk_ses: Used by Piwik Analytics Platform to track visitor page views during the session.
• _pk_id: Collects statistics about the user’s visits to the website, such as the number of visits, average time spent on the website and which pages were read.

Google Adwords

This service is used to track the effectiveness of personalised advertising content.

• CONSENTT: Used to determine whether the visitor has accepted the marketing category in the cookie banner. This cookie is necessary for the website’s compliance with GDPR.
• NID: Registers a unique ID that identifies a returning user’s device. The ID is used for targeted advertising.

Maps (Google)

This service is used to display maps on the website.

• NID: Registers a unique ID that identifies a returning user’s device. The ID is used for targeted advertising.

Server log files

The provider of the pages automatically collects and stores information in server log files, which your browser automatically transmits to us. These are:

• browser type and browser version
• operating system used
• referrer URL
• host name of the accessing computer
• time of the server request
• IP address

This data is not merged with other data sources.
The collection of this data is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in the technically error-free presentation and optimisation of its website – for this purpose, the server log files must be collected.

Contact form

If you send us enquiries via the contact form, your details from the enquiry form, including the contact data you have provided there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We do not pass on this data without your consent.

The processing of this data is based on Art. 6 (1) lit. b DSGVO if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective handling of the enquiries addressed to us (Art. 6 para. 1 lit. f DSGVO) or on your consent (Art. 6 para. 1 lit. a DSGVO) if this has been requested.

The data you enter in the contact form will remain with us until you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies (e.g. after we have completed processing your enquiry). Mandatory legal provisions – in particular retention periods – remain unaffected.

Enquiry by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, your enquiry including all resulting personal data (name, enquiry) will be stored and processed by us for the purpose of processing your request. We will not pass on this data without your consent.

The processing of this data is based on Art. 6 Para. 1 lit. b DSGVO, insofar as your enquiry is related to the fulfilment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the enquiries sent to us (Art. 6 (1) (f) DSGVO) or on your consent (Art. 6 (1) (a) DSGVO) if this has been requested.

The data you send us via contact requests will remain with us until you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies (e.g. after your request has been processed). Mandatory legal provisions – in particular legal retention periods – remain unaffected.

Loyalty guest club (guest club)

This website uses KunLeiSys guest club software (regular guest area). The provider is GASTROpoint GmbH, Pommernstraße 17, 83395 Freilassing, Germany. KunLeiSys Guest Club Software is a service that organises and manages the Guest Club, offers, loyalty points, e-mails for events and newsletter distribution.

You can register for the guest club on our website. We only use the data entered for this purpose for the purpose of using the respective offer or service. The mandatory information requested during registration must be provided in full. Otherwise we will reject the registration. The processing of the data entered during registration is based on your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke your consent at any time free of charge. You can do this via the unsubscribe link in the email or by unsubscribing in the guest club.

The data you provide to us for the purpose of the Guest Club will be stored by us until you unsubscribe and will be deleted from our servers as well as from the servers of GASTROpoint GmbH after you unsubscribe and delete your Guest Club account.

In the event of important changes, for example in the scope of the offer or in the event of technically necessary changes, we will use the e-mail address provided during registration or in your profile in order to inform you in this way. Legal retention periods remain unaffected. We have concluded an order data processing contract with GASTROpoint GmbH and fully implement the strict specifications of the data protection authorities when using KunLeiSys Gäste-Club software.

Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Analytics enables the website operator to analyse the behaviour of website visitors. In doing so, the website operator receives various usage data, such as page views, length of stay, operating systems used and the origin of the user. This data may be summarised by Google in a profile that is assigned to the respective user or their end device.

Google Analytics uses technologies that enable the recognition of the user for the purpose of analysing user behaviour (e.g. cookies or device fingerprinting). The information collected by Google about the use of this website is usually transferred to a Google server in the USA and stored there.

The use of this analysis tool is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in analysing user behaviour in order to optimise both its website and its advertising. If a corresponding consent has been requested (e.g. consent to the storage of cookies), the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a DSGVO; the consent can be revoked at any time.

IP anonymisation
We have activated the IP anonymisation function on this website. This means that your IP address is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

Browser Plugin
You can prevent the collection and processing of your data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
For more information on how Google Analytics handles user data, please see Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=de.

Demographic characteristics with Google Analytics
This website uses the “demographic characteristics” function of Google Analytics in order to be able to display suitable advertisements to website visitors within the Google advertising network. This allows reports to be generated that include statements about the age, gender and interests of site visitors. This data comes from interest-based advertising from Google as well as visitor data from third-party providers. This data cannot be assigned to a specific person. You can deactivate this function at any time via the ad settings in your Google account or generally prohibit the collection of your data by Google Analytics, as described in the section entitled “Objection to data collection”.

Storage period
Data stored by Google at user and event level that is linked to cookies, user IDs or advertising IDs (e.g. DoubleClick cookies, Android advertising ID) will be anonymised or deleted after 14 months. Details can be found at the following link: https://support.google.com/analytics/answer/7667196?hl=de

Matomo

This website uses the open source web analytics service Matomo. Matomo uses technologies that enable the recognition of the user across pages for the analysis of user behaviour (e.g. cookies or device fingerprinting). The information collected by Matomo about the use of this website is stored on our server. The IP address is anonymised before storage.

The use of this analysis tool is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in the anonymised analysis of user behaviour in order to optimise both its website and its advertising. If a corresponding consent has been requested (e.g. consent to the storage of cookies), the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a DSGVO; the consent can be revoked at any time.

The information collected by Matomo about the use of this website is not passed on to third parties.

Google Ads

The website operator uses Google Ads. Google Ads is an online advertising programme of Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Ads enables us to display advertisements in the Google search engine or on third-party websites when the user enters certain search terms on Google (keyword targeting). Furthermore, targeted advertisements can be played on the basis of the user data available at Google (e.g. location data and interests) (target group targeting). As the website operator, we can evaluate this data quantitatively by analysing, for example, which search terms have led to the display of our advertisements and how many advertisements have led to corresponding clicks.

The use of Google Ads is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in marketing its service products as effectively as possible.

Google Tag Manager

For reasons of transparency, please note that we use the Google Tag Manager. The Google Tag Manager itself does not collect any personal data. It facilitates the integration and management of our tags. Tags are small code elements that are used to measure traffic and visitor behaviour, to recognise the effects of online advertising or to test and optimise our websites. You can find more information about Google Tag Manager at: https://www.google.com/intl/de/tagmanager/use-policy.html

Google Conversion-Tracking

This website uses Google Conversion Tracking. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

Google conversion tracking enables Google and us to recognise whether the user has carried out certain actions. For example, we can evaluate which buttons on our website were clicked how often and which products were viewed or purchased particularly frequently. This information is used to create conversion statistics. We learn the total number of users who clicked on our ads and what actions they took. We do not receive any information with which we can personally identify the user. Google itself uses cookies or comparable recognition technologies for identification.

The use of Google conversion tracking is based on Art. 6 (1) lit. f DSGVO. The website operator has a legitimate interest in analysing user behaviour in order to optimise both its website and its advertising. If a corresponding consent has been requested (e.g. consent to the storage of cookies), the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a DSGVO; the consent can be revoked at any time.

More information on Google conversion tracking can be found in Google’s privacy policy: https://policies.google.com/privacy?hl=de.

Facebook Pixel

Within our online offer, so-called “Facebook pixels” of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are a resident of the EU, Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”), are used. With the help of the Facebook pixel, it is possible for Facebook to determine the visitors to our offer as a target group for the display of advertisements, so-called “Facebook ads”. Accordingly, we use the Facebook pixel to display the Facebook ads placed by us only to those Facebook users who have also shown an interest in our website. This means that with the help of the Facebook pixel we want to ensure that our Facebook ads correspond to the potential interest of the users and do not have a harassing effect. With the help of the Facebook pixel, we can also track the effectiveness of the Facebook ads for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook ad.

The Facebook pixel is directly integrated by Facebook when our website is accessed and can save a so-called cookie, i.e. a small file, on your device. If you subsequently log in to Facebook or visit Facebook while logged in, your visit to our website will be noted in your profile. The data collected about you is anonymous for us, so we cannot draw any conclusions about the identity of the user. However, the data is stored and processed by Facebook so that a connection to the respective user profile is possible. The processing of the data by Facebook takes place within the framework of Facebook’s data usage policy. Accordingly, you will find further information on how the remarketing pixel works and generally on the display of Facebook ads in Facebook’s data usage policy: https://www.facebook.com/policy.php.

You can object to the collection by the Facebook pixel and the use of your data for the display of Facebook ads. To do so, you can visit the page set up by Facebook and follow the instructions there on the settings for usage-based advertising: https://www.facebook.com/settings?tab=ads or declare your objection via the US page http://www.aboutads/choices/ or the EU page http://www.youronlinechoices.com/. The settings are platform-independent. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.

Facebook Retargeting

We use Facebook (Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA) to advertise this website on the Facebook platform. For this purpose, a cookie is set by Facebook when you visit our website, which enables interest-based advertising by means of a pseudonymous cookie ID and on the basis of the pages you visit. As a Facebook member, you can deactivate the retargeting cookie via this link. Alternatively, you can set your browser so that you are informed about the setting of cookies and decide individually whether to accept them or exclude the acceptance of cookies for certain cases or in general. If you do not accept cookies, the functionality of our website may be limited.

Use of retargeting technology from The Trade Desk

This website uses retargeting technology provided by The Trade Desk, Inc (“The Trade Desk”). This feature is used to present interest-based advertisements to website visitors as part of The Trade Desk’s advertising network. The website visitor’s browser stores “cookies”, which are text files placed on your computer that allow the website visitor to be recognised when they visit websites that are part of The Trade Desk’s advertising network. On these pages, the visitor may then be presented with advertisements that relate to content that the visitor has previously viewed on websites that use The Trade Desk’s retargeting technology. According to its own information, The Trade Desk collects pseudonymised data during this process.

If you do not wish to use this retargeting function, you can deactivate it. Please note that deactivation must be carried out separately for each browser or for each end device using one of the following methods:

• Via the AdChoices icon in the advertising banner
• Via youronlinechoices
• Directly at The Trade Desk here
• On mobile Apps and aboutads

For more information on The Trade Desk’s retargeting technology, The Trade Desk’s privacy policy and opt-out options, please visit thetradedesk under thetradedesk

Newsletter data

In the context of sending the newsletter, your personal data, which you have made known to us, will be stored and processed as far as this is necessary for sending the newsletter. By subscribing to this newsletter, you agree to receive advertising in the form of banners or text advertisements from our company, but also from other companies (partner companies, cooperation partners).

The data entered in the newsletter registration form is processed exclusively on the basis of your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke your consent to the storage of the data, the e-mail address and their use for sending the newsletter at any time, for example via the “unsubscribe” link in the newsletter. The legality of the data processing procedures already carried out remains unaffected by the revocation.

You can revoke your consent at any time. Simply send an e-mail to info@hotelalpenrose.at or a letter to Hotel Alpenrose, Danielstr. 3, A-6631 Lermoos or click here to unsubscribe from the newsletter mailing list.

Further information about the company and data protection can be downloaded as a PDF Download.

Yes, I would like to subscribe to the Alpenrose Familux Resort newsletter and the newsletter(s) of the companies associated with familux.com (see PDF for download), which will inform me by e-mail and post about current offers and promotions from familux.com. Furthermore, I expressly consent to my personal data being passed on within familux.com for advertising and information purposes by e-mail and post and being stored, processed and used there. I have read and agreed to the information on data protection (see PDF for download). I have the right to object to the collection, processing and use of my data vis-à-vis familyhotels.com at any time with effect for the future. E-Mail: info@hotelalpenrose.at or by post to Hotel Alpenrose, Danielstr. 3, A-6631 Lermoos.

samera

This site uses the booking system samera via an API. Provider is samera GmbH, Maria-Theresien-Straße 21, 6020 Innsbruck.
When you call up a page, your browser loads the required scripts into the browser cache in order to display the booking function correctly.

For this purpose, the browser you use must connect to the servers of samera GmbH. Through this, samera GmbH gains knowledge that our website has been accessed via your IP address. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by samera GmbH. The use of samera is in the interest of a simple and quick booking process. This is a legitimate interest in the sense of Art. 6 para. 1 lit. f DSGVO.

Further information about samera can be found at www.samera.at or office@samera.at.

Type and purpose of data processing

The primary purpose of data processing is the handling of hotel bookings and enquiries.

Type of data

Personal data such as name, date of birth, telephone number, e-mail address and address are processed from end customers. In addition, connection data such as cookie identification, IP address and browser information (“user agent”) are stored.

The name, e-mail address and login information of samera Backoffice users are stored.

Categories of data subjects

The following categories of data subjects are subject to processing:

Users of the samera back-office system as well as website visitors with active
samera integration.

 
1. duration of the agreement

This agreement is concluded for an indefinite period of time and automatically ends
with the end of the samera contract. The possibility of extraordinary
termination for good cause shall remain unaffected.

2. obligations of the contractor

(1) The contractor undertakes to process data and processing results exclusively within the framework of the client’s written orders. Copies or duplicates of the data shall not be made without the knowledge of the Client. This does not apply to backup copies, insofar as they are necessary to ensure proper data processing, or to data required to comply with statutory retention obligations.

(2) If the contractor receives an official order to hand over the client’s data, he must – insofar as legally permissible – inform the client of this without delay and refer the authority to the client. Similarly, processing of the data for the contractor’s own purposes requires a written order.

(3) Maintaining confidentiality and secrecy: The contractor declares in a legally binding manner that he has obliged all persons entrusted with the data processing to maintain confidentiality before commencing the activity or that they are subject to an appropriate legal obligation of secrecy. In particular, the confidentiality obligation of the persons entrusted with the data processing shall remain in force even after termination of their activity and leaving the contractor.

(4) The contractor declares in a legally binding manner that it has taken all necessary technical and organisational measures to ensure the security of the processing in accordance with Art 32ff DSGVO. Specifically, these are data security measures and measures to ensure a level of protection appropriate to the risk with regard to confidentiality, integrity, availability and the resilience of the systems. Details can be found in the Annex (Technical and organisational measures).

(5) Duty to cooperate with regard to data subjects’ rights: The contractor shall take the technical and organisational measures to ensure that the client can fulfil the rights of the data subjects pursuant to Chapter III of the GDPR (information, disclosure, correction and deletion, data portability, objection, as well as automated decision-making in individual cases) within the statutory time limits at any time and shall provide the client with all information necessary for this purpose.
The contractor may not correct, delete or restrict the processing of data processed on behalf of the client on its own authority but only in accordance with the client’s documented instructions. If a corresponding request is addressed to the contractor and if the contractor indicates that the applicant mistakenly believes him to be the client of the data application operated by him, the contractor shall immediately forward the request to the client and inform the applicant accordingly.

(6) Insofar as covered by the scope of services, the deletion concept, right to be forgotten, correction, data portability and information shall be carried out (ensured) directly by the contractor in accordance with the documented instructions of the client.

(7) The Contractor shall support the Client in complying with the obligations set out in Articles 32 to 36 of the GDPR. This includes data security measures, notifications of personal data breaches to the supervisory authority, notification of the person affected by a personal data breach, data protection impact assessment.

(8) The Contractor is advised that it must create a processing directory for the present commissioned processing in accordance with Art. 30 DSGVO.

(9) After termination of this Agreement, the Contractor shall be obliged to destroy on its behalf all documents in its possession, processing results produced and data files connected with the contractual relationship.
Documentation that serves as proof of the orderly and proper data processing shall be retained by the contractor beyond the end of the contract in accordance with the respective retention periods.

(10) The Contractor shall inform the Client without delay if it is of the opinion that an instruction of the Client violates data protection provisions of the Union or the Member States.

3. technical organisational measures.

The technical and organisational measures (TOMs) are subject to technical progress and further development. The contractor shall be permitted to implement alternative adequate measures as far as the security level of the specified measures is not undercut. Significant changes shall be documented.
Details can be found in the Annex.

4. place of performance of the data processing.

All data processing activities shall be carried out exclusively within the EU or EEA.
 
5. Sub-processors.

The Contractor is authorised to use the following companies as sub-processors:

1. Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany
Type of activity: Server hosting
2. Amazon Web Services, Inc, 410 Terry Avenue North, Seattle WA 98109, United States
Type of business: Server hosting: only on systems within the EU
3. freshworks GmbH, Alte Jakobstraße 85/86, Hof 3, Haus 6, 10179 Berlin, Germany
Type of activity: Support System

The outsourcing to subcontractors or the change of the existing subcontractor are permitted, provided that:

• the Contractor gives the Client reasonable advance written notice of this; and
• the Employer does not object in writing to the proposed outsourcing to the Contractor; and
• the necessary agreements are concluded between the contractor and the sub-processor in accordance with Article 28(4) of the GDPR.

In doing so, it must be ensured that the sub-processor enters into the same obligations as those incumbent on the contractor on the basis of this agreement. If the sub-processor fails to comply with its data protection obligations, the contractor shall be liable to the client for compliance with the obligations of the sub-processor.

Processing of data (customer and contract data)

We collect, process and use personal data only to the extent that it is necessary for the establishment, content or amendment of the legal relationship (inventory data). This is done on the basis of Art. 6 (1) lit. b DSGVO, which permits the processing of data for the fulfilment of a contract or pre-contractual measures. We collect, process and use personal data about the use of our Internet pages (usage data) only insofar as this is necessary to enable the user to use the service or to bill the user.

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

Data transfer upon conclusion of a contract for services and digital content

We only transmit personal data to third parties if this is necessary within the framework of the contract processing, for example to the credit institution commissioned with the payment processing.

Further transmission of data does not take place or only if you have expressly consented to the transmission. Your data will not be passed on to third parties without your express consent, for example for advertising purposes.

The basis for data processing is Art. 6 para. 1 lit. b DSGVO, which permits the processing of data for the fulfilment of a contract or pre-contractual measures.