Privacy Policy

I. Name and address

 

The responsible person within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States as well as other data protection provisions is:

Gaffel am Dom GmbH
Bahnhofsvorplatz 1
50667 Cologne
Telephone: +49 221 913 92 60
E-mail: info@gaffelamdom.de

 

II. Name and address of the data protection officer responsible

 

The data protection officer of the person responsible is:
VdE Service GmbH
Sandro Berger
Data Protection Officer
Eduard-Pfeiffer-Strasse 48
70192 Stuttgart
Phone: +49 711 223 33 26
E-mail: datenschutzbeauftragter@gaffel.de

 

III. General information

 

a) Scope of the processing of personal data
As a matter of principle, we only process personal data of our users to the extent that this is necessary to provide a functional website as well as our content and services. The processing of personal data of our users is regularly only carried out with the consent of the user. An exception applies in those cases in which it is not possible to obtain prior consent for actual reasons and the processing of the data is permitted by legal regulations.

 

b) Legal basis for the processing of personal data
Insofar as we need to obtain the consent of the data subject for processing operations involving personal data, Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) (b) DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures. Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 (1) lit. c DSGVO serves as the legal basis. In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) (d) DSGVO serves as the legal basis. If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 (1) lit. f DSGVO serves as the legal basis for the processing.

 

c) Data deletion and storage period
The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage no longer applies. Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a necessity for the continued storage of the data for the conclusion or fulfilment of a contract.

 

IV. Provision of the website and creation of log files

 

a) Description and scope of data processing

Each time our website is called up, the system automatically records data and information from the computer system of the calling computer.

This website is hosted by an external service provider (hoster). The personal data collected on this website is stored on the hoster’s servers.

The following data is collected:

(1) Information about the type of browser and the version used.

(2) The user’s operating system

(3) The IP address of the user

(4) Date and time of access

(5) Websites from which the user’s system accesses our website.

This data is also stored in the log files of our system. This data is not stored together with other personal data of the user.

 

We use the following hoster to operate the website:

Raidboxed GmbH

Hafenstrasse 32

48153 Münster

Our hoster will only process your data to the extent that this is necessary for the fulfilment of its service obligations and will follow our instructions with regard to this data. We have concluded a contract with him on commissioned data processing.

 

b) Legal basis

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

 

c) Purpose of the data processing

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

The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

These purposes are also our legitimate interest in data processing according to Art. 6 Para. 1 lit. f DSGVO.

 

d) Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated so that an assignment of the calling client is no longer possible.

 

e) Possibility of objection and removal

The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility for the user to object. 

 

 V.  Use of cookies

 

a) Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

Most of the cookies we use are so-called “session cookies”. They are automatically deleted at the end of your visit. These allow us to link your actions during that particular browser session. Other cookies (known as permanent cookies) remain stored on your terminal device until you delete them.  Cookies cannot run programs or deliver viruses to your computer.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change. The following data is stored and transmitted in these technically necessary cookies:

– Identification that no bot

– Any opt out preferences

– Booking data for table reservations

 

b) Legal basis for data processing

The legal basis for the processing of personal data using technically necessary cookies is Art. 6 (1) lit. f DSGVO.

 

c) Purpose of the data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognised even after a page change. We require cookies for the following applications:

– Acceptance of language settings

The user data collected through technically necessary cookies are not used to create user profiles.

These purposes also constitute our legitimate interest in processing the personal data in accordance with Art. 6 Para. 1 lit. f DSGVO.

 

d) Duration of storage, possibility of objection and removal

Cookies are stored on your computer and transmitted from it to our site. Therefore, you as a user have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all the functions of the website to their full extent.

 

VI. Newsletter

 

a) Description and scope of data processing

Our website offers the possibility to subscribe to a free newsletter. When subscribing to the newsletter, the following data is transmitted to us from the input mask:

(1) first name, last name of the user

(2) E-mail address of the user

In addition, the following data is collected during registration:

(1) IP address of the calling computer

(2) Date and time of registration

For the processing of the data, your consent is obtained during the registration process and reference is made to this data protection declaration.

This website uses CleverReach to send newsletters. The provider is CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede. CleverReach is a service with which the newsletter dispatch can be organised and analysed. CleverReach will use the data collected from our users exclusively for the performance of the contract with us and only in accordance with our instructions. We have concluded a contract with Clever Reach for the processing of commissioned data.

CleverReach collects information for us on how many recipients have opened the newsletter message and how often which link in the newsletter was clicked. With the help of so-called conversion tracking, it can also be analysed whether, after clicking on the link in the newsletter, a predefined action (e.g. purchase of a product on this website) is carried out.

For more information on data analysis by CleverReach newsletters, please visit: https://www.cleverreach.com/de/funktionen/reporting-und-tracking/

This allows us to analyse which content is particularly interesting for our users and to optimise the content of our newsletter for you.

No data is passed on to third parties in connection with the data processing for sending newsletters. The data is used exclusively for sending the newsletter and optimising its content.

 

b) Legal basis for data processing

The legal basis for the processing of data after the user has registered for the newsletter is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.

 

c) Purpose of data processing

The collection of the user’s e-mail address serves to deliver the newsletter.

The collection of other personal data during the registration process serves to prevent misuse of the services or the e-mail address used.

The processing of the user’s personal data also enables us to analyse the behaviour of the newsletter recipients.

 

d) Duration of storage

The data is stored by CleverReach in Germany and Ireland. The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. The user’s email address is therefore stored for as long as the subscription to the newsletter is active.

The other personal data collected during the registration process is usually deleted after a period of seven days.

 

e) Possibility of objection and removal

The subscription to the newsletter can be cancelled by the user concerned at any time. For this purpose, there is a corresponding link in each newsletter.

This also enables revocation of consent to the storage of personal data collected during the registration process.

 

VII. Contact form and e-mail contact

 

a) Description and scope of data processing

A contact form is available on our website, which can be used for electronic contact. Alternatively, it is possible to contact us via the e-mail address provided. If a user makes use of this option, the data entered in the input mask or contained in the e-mail will be transmitted to us and stored.

The following data is also stored at the time the message is sent:

(1) E-mail address of the user

(2) The user’s IP address

(3) Date and time of registration

As soon as you send a completed order form for a Zappes training course by e-mail, the following will also be stored:

(4) The name + address of the person placing the order and, if applicable, the names of other beneficiaries of the vouchers.

(5) Number of vouchers you require

(6) Number of persons and date related to the Zappes training.

As soon as you send a completed order form for (a) gourmet voucher(s) by e-mail, also the following:

(7) Name + address of the person placing the order

(8) Number and value of the vouchers you wish to order

Your consent will be obtained for the processing of the data in the contact form as part of the sending process and reference will be made to this data protection declaration.

In this context, the data will not be passed on to third parties. The data will be used exclusively for the processing of the conversation and the execution of any contract concluded by e-mail.

 

b) Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.

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

 

c) Purpose of the data processing

The processing of the personal data from the input mask serves us solely to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data.

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

 

d) Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified.

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

 

e) Possibility of objection and removal

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

All personal data stored in the course of contacting us will be deleted in this case.

 

VIII. Reservation programme OpenTable

 

a) Description and scope of data processing

On our website there is the possibility to make a table reservation.  The Gaffel am Dom website uses the platform of the company OpenTable, Inc. to record and plan the reservation request. OpenTable is a service with which reservations for restaurants and the like can be entered and managed.

To make a reservation, the customer is redirected to the OpenTable, Inc. website. The customer can set up his own account with OpenTable for the comprehensive use of the offer of this service provider or book once as a guest. The processing of the data takes place there independently by OpenTable.

The following data is transmitted back to Gaffel am Dom GmbH by OpenTable Inc. on the basis of a corresponding user agreement so that we can implement the desired reservation:

(1) Name of the person making the reservation

(2) Reservation date

(3) Reservation time

(4) Number of persons for whom the reservation is made

(5) Telephone number

(6) Other data that may be provided voluntarily (e.g. special requests)

(7) Date and time of registration

We also use this data to process any complaints and for marketing analysis (guest structure, frequency of cancellations, no-shows, checking group sizes, frequency of visits). By registering with OpenTable, you consent to the transfer of the data to us and to the aforementioned use.

If you reserve a table with us by telephone or e-mail, our staff will log in to OpenTable and enter the data for you as a guest booking. We will inform you about this process and obtain your consent in advance. The duration and scope are the same as the above-mentioned data.

In this case, OpenTable is our commissioned data processor.

 

b) Legal basis for data processing

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

 

c) Purpose of the data processing

The processing of the personal data from the input mask serves solely to process the reservation request. In the case of contact by e-mail or telephone, this also constitutes the necessary legitimate interest in processing the data.

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

 

d) Duration of storage

If you have created an account with OpenTable, the data processing is carried out independently by OpenTable. We refer to the data protection regulations of OpenTable: https://www.opentable.de/legal/privacy-policy#HowWeUseInformation

The data that OpenTable sends back to us is stored for reservations and possible complaints for up to 30 days after the reservation date. After this period, the data is anonymised and used for further analyses (e.g. on the utilisation of the restaurant). Only if you have expressly consented in advance will the data be stored permanently (until revoked) without anonymisation and used for marketing purposes.

 

e) Possibility of objection and removal

The user has the option to revoke his or her consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

All personal data stored in the course of contacting us will be deleted in this case.

 

Your rights

 

I. Right to information

You may request confirmation from the controller as to whether personal data concerning you is being processed by us.

If such processing is taking place, you may request information from the controller about the following:

(1) the purposes for which the personal data are processed;

(2) the categories of personal data which are processed;

(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;

(4) the envisaged duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;

(5) the existence of a right to obtain the rectification or erasure of personal data concerning you, a right to obtain the restriction of processing by the controller or a right to object to such processing;

(6) the existence of a right of appeal to a supervisory authority;

(7) any available information on the origin of the data if the personal data are not collected from the data subject;

You have the right to request information on whether the personal data concerning you are transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transfer.

 

II. Right of rectification

You have a right of rectification and/or completion vis-à-vis the controller if the personal data processed concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.

 

III. Right to restriction of processing

You may request the restriction of the processing of personal data concerning you under the following conditions:

(1) you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;

(2) the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;

(3) the controller no longer needs the personal data for the purposes of the processing but you need it for the establishment, exercise or defence of legal claims; or

(4) if you have objected to the processing pursuant to Article 21(1) DSGVO and it is not yet clear whether the controller’s legitimate grounds override your grounds.

Where the processing of personal data relating to you has been restricted, such data may only be processed – apart from being stored – with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or a Member State.

If the restriction of processing has been restricted in accordance with the above-mentioned conditions, you will be informed by the controller before the

 

IV. Right to erasure

a) Obligation to erase

You may request the controller to erase the personal data concerned without delay and the controller is obliged to erase such data without delay if one of the following grounds applies:

(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.

(2) You withdraw your consent on which the processing was based pursuant to Art. 6 (1) a or Art. 9 (2) a DSGVO and there is no other legal basis for the processing.

(3) You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR.

(4) The personal data concerning you have been processed unlawfully.

(5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.

(6) The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8(1) DSGVO.

Information to third parties

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers that process the personal data that you, as the data subject, have requested them to erase all links to, or copies or replications of, that personal data.

b) Exceptions to the obligation to erase

The right to erasure does not exist insofar as the processing is necessary to1) for the exercise of the right to freedom of expression and information;

(2) for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

(3) for reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, insofar as the right referred to in section (a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or

(5) to assert, exercise or defend legal claims.

(5) Right to information

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed of these recipients by the controller.

 

V. Right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data has been provided, provided that.

(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and

(2) the processing is carried out with the aid of automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. This must not affect the freedoms and rights of other persons.

The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

 

VI. Right to object

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it 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.

If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of the personal data concerning you.

If you object to the processing of your personal data for the purpose of such advertising, this shall also apply to profiling insofar as it is associated with such direct advertising.

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

You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.

 

VII. Right to revoke the declaration of consent under data protection law

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

 

VIII.  Automated decision-making in individual cases, including profiling

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

(1) is necessary for the conclusion or performance of a contract between you and the controller,

(2) is permissible on the basis of legal provisions of the Union or the Member States to which the controller is subject and these legal provisions contain appropriate measures to safeguard your rights and freedoms as well as your legitimate interests; or

(3) is made with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.

With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

 

IX. Right to complain to a supervisory authority

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

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

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