This data protection statement informs you about the nature, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the websites, functions and content connected with it, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as the “online offering”). With regard to the terms used, such as “processing” or “controller”, we refer to the definitions in Regulation (EU) 2016/679 GDPR, the General Data Protection Regulation.
Controller
edeltravel Luxusreisen GmbH
Till Brunecker
Mühle 64
40724 Hilden
Germany
office@edeltravel.com
Authorized managing director: Till Brunecker
Types of data processed
- Basic data (e.g., names, addresses).
- Contact data (e.g., email, telephone numbers).
- Content data (e.g., entries, photographs, videos).
- Usage data (e.g., web pages visited, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses).
Categories of data subjects
Visitors and users of the online offering (hereinafter, we also refer to the data subjects collectively as “users”).
Purpose of processing
- Provision of the online offering, its functions and content.
- Responding to contact requests and communicating with users.
- Security measures.
- Reach measurement/marketing.
Definitions used
“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 (for example a cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations which is performed on personal data, whether or not by automated means. The term is broad and covers practically any handling of data.
“Pseudonymisation” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
“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 analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
“Controller” means 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.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Relevant legal bases
In accordance with Article 13 GDPR, we inform you of the legal bases of our data processing. If the legal basis is not mentioned in the data protection statement, the following applies: the legal basis for obtaining consent is Article 6(1)(a) and Article 7 GDPR; the legal basis for processing for the performance of our services and the execution of contractual measures as well as for responding to enquiries is Article 6(1)(b) GDPR; the legal basis for processing to fulfil our legal obligations is Article 6(1)(c) GDPR; and the legal basis for processing to safeguard our legitimate interests is Article 6(1)(f) GDPR. In cases where vital interests of the data subject or of another natural person require the processing of personal data, Article 6(1)(d) GDPR serves as the legal basis.
Determining legal bases
In accordance with Article 13 GDPR, we inform you of the legal bases of our data processing. If the legal basis is not mentioned in the data protection statement, the following applies: the legal basis for obtaining consent is Article 6(1)(a) and Article 7 GDPR; the legal basis for processing for the performance of our services and the execution of contractual measures as well as for responding to enquiries is Article 6(1)(b) GDPR; the legal basis for processing to fulfil our legal obligations is Article 6(1)(c) GDPR; and the legal basis for processing to safeguard our legitimate interests is Article 6(1)(f) GDPR. In cases where vital interests of the data subject or of another natural person require the processing of personal data, Article 6(1)(d) GDPR serves as the legal basis.
Security measures
Pursuant to Article 32 GDPR and taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the varying likelihood and severity of the risk for the rights and freedoms of natural persons, we take appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
These measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access, input, disclosure, availability and separation of data. We have also put in place procedures to ensure the exercise of data subjects’ rights, the erasure of data and the response to data risks. Furthermore, we take into account the protection of personal data in the development or selection of hardware, software and procedures, in accordance with the principle of data protection by design and by default (Article 25 GDPR).
Cooperation with processors and third parties
If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this is done only on the basis of a legal permission (e.g. if a transmission of data to third parties, such as payment service providers, is necessary for the performance of the contract pursuant to Article 6(1)(b) GDPR), if you have given your consent, if a legal obligation provides for this, or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties to process data on the basis of a so-called “order processing contract”, this is done on the basis of Article 28 GDPR.
Data transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or this occurs in the context of the use of services of third parties or disclosure or transmission of data to third parties, this is done only if it is necessary to fulfil our (pre)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special conditions of Articles 44 et seq. GDPR are met. That is, the processing is carried out, for example, on the basis of special guarantees, such as an officially recognised determination of a level of data protection equivalent to that of the EU (e.g. for the USA by the “Privacy Shield”) or compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”).
Rights of data subjects
You have the right to obtain confirmation as to whether or not data concerning you are being processed and to access such data, as well as to obtain further information and a copy of the data in accordance with Article 15 GDPR.
Pursuant to Article 16 GDPR, you have the right to have data concerning you completed or inaccurate data concerning you rectified.
Pursuant to Article 17 GDPR, you have the right to demand that the data in question be erased without delay or, alternatively, pursuant to Article 18 GDPR, to demand restriction of the processing of the data.
You have the right to receive the data concerning you that you have provided to us in accordance with Article 20 GDPR and to request their transmission to other controllers.
You also have the right to lodge a complaint with the competent supervisory authority pursuant to Article 77 GDPR.
Right of withdrawal
You have the right to withdraw consent given pursuant to Article 7(3) GDPR with effect for the future.
Right to object
You may object at any time to the future processing of data concerning you in accordance with Article 21 GDPR. In particular, the objection may be made to processing for direct marketing purposes.
Cookies and right to object to direct advertising
“Cookies” are small files that are stored on users’ computers. Various information can be stored within cookies. A cookie primarily serves to store information about a user (or the device on which the cookie is stored) during or after his/her visit within an online offering. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offering and closes the browser. For example, the content of a shopping cart in an online shop or a login status can be stored in such a cookie. Cookies are referred to as “permanent” or “persistent” when they remain stored even after the browser is closed. For example, a login status can be stored if users visit the site after several days. Likewise, users’ interests can be stored in such a cookie and used for reach measurement or marketing purposes. Cookies that are offered by providers other than the controller of the online offering are called “third-party cookies” (otherwise, if only its own cookies are involved, they are called “first-party cookies”).
We may use temporary and permanent cookies and provide information about this within our data protection statement.
If users do not want cookies to be stored on their computers, they are asked to disable the corresponding option in their browser’s system settings. Stored cookies can be deleted in the browser’s system settings. Excluding cookies may lead to functional restrictions of this online offering.
A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, it is possible to prevent the storage of cookies by disabling them in the browser settings. Please note that in this case you may not be able to use all functions of this online offering.
Erasure of data
The data we process are either erased or their processing is restricted in accordance with Articles 17 and 18 GDPR. Unless expressly stated otherwise within this data protection statement, the data we store are deleted as soon as they are no longer required for their intended purpose and no legal retention obligations prevent their deletion. If the data are not deleted because they are required for other legally permissible purposes, their processing will be restricted. In other words, the data are blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.
In accordance with German legal requirements, retention is in particular for 10 years pursuant to Sections 147(1) of the German Fiscal Code (AO), 257(1) Nos. 1 and 4, and (4) of the German Commercial Code (HGB) (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years pursuant to Section 257(1) Nos. 2 and 3, and (4) HGB (commercial letters).
In accordance with Austrian legal requirements, retention is in particular for 7 years pursuant to Section 132(1) of the BAO (accounting records, supporting documents/invoices, accounts, vouchers, business papers, statement of income and expenses, etc.), for 22 years in relation to real estate, and for 10 years for documents relating to services provided electronically, telecommunications, radio and television services provided to non-entrepreneurs in EU Member States for which the Mini-One-Stop-Shop (MOSS) is used.
Processing related to operational activities
We also process
- contract data (e.g., subject matter of the contract, term, customer categories)
- payment data (e.g., bank details, payment history)
SSL or TLS encryption
For security reasons and to protect the transmission of confidential content that you send to us as the site operator, our website uses SSL or TLS encryption. This means that the data you transmit via this website cannot be read by third parties. You can recognize an encrypted connection by the “https://” address line of your browser and the lock symbol in the browser line.
Server log files
In the server log files, the provider of the website automatically collects and stores information that your browser automatically transmits to us. This includes the following information:
- page visited on our site
- date and time of the server request
- browser type and version
- operating system used
- referrer URL
- host name of the accessing computer
- IP address
These data are not merged with other data sources. Data processing is based on Article 6(1)(b) GDPR, which permits the processing of data for the performance of a contract or pre-contractual measures.
Contacting us
When contacting us (e.g., by contact form, email, telephone or via social media), users’ data are processed for handling the contact request and its processing pursuant to Article 6(1)(b) (within contractual/pre-contractual relationships), Article 6(1)(f) (other enquiries) GDPR. The information provided by users may be stored in a customer relationship management system (“CRM system”) or a comparable request organisation.
We delete the enquiries if they are no longer necessary. We review necessity every two years; legal archiving obligations also apply.
Hosting and email dispatch
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email dispatch, security services and technical maintenance services that we use for the purpose of operating this online offering.
In this context, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, prospects and visitors to this online offering on the basis of our legitimate interests in an efficient and secure provision of this online offering pursuant to Article 6(1)(f) GDPR in conjunction with Article 28 GDPR (conclusion of an order processing contract).
Google Analytics
We use, on the basis of our legitimate interests (i.e., interest in the analysis, optimisation and economic operation of our online offering within the meaning of Article 6(1)(f) GDPR), Google Analytics, a web analytics service provided by Google LLC (“Google”). Google uses cookies. The information generated by the cookie about users’ use of the online offering is generally transmitted to a Google server in the USA and stored there.
Google is certified under the Privacy Shield agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our online offering by users, to compile reports on activities within this online offering and to provide us with other services related to the use of this online offering and the internet. In this context, pseudonymous usage profiles of the users may be created from the processed data.
We use Google Analytics only with IP anonymisation enabled. This means that the IP address of users is truncated by Google within Member States of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and truncated there.
The IP address transmitted by the user’s browser will not be merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection by Google of the data generated by the cookie and related to their use of the online offering as well as the processing of these data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
For further information on Google’s use of data, settings and opt-out options, please refer to Google’s privacy policy (https://policies.google.com/technologies/ads) and Google’s ad personalisation settings (https://adssettings.google.com/authenticated).
Users’ personal data are deleted or anonymised after 14 months.
Google AdWords and conversion measurement
We use, on the basis of our legitimate interests (i.e., interest in the analysis, optimisation and economic operation of our online offering within the meaning of Article 6(1)(f) GDPR), the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).
Google is certified under the Privacy Shield agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
We use the Google online marketing procedure “AdWords” to place ads on the Google advertising network (e.g., in search results, in videos, on web pages, etc.) so that they are displayed to users who are presumed to be interested in the ads. This allows us to show ads more specifically for and within our online offering so that users are shown only ads that potentially match their interests. For example, if a user is shown ads for products in which they have shown interest on other online offerings, this is referred to as “remarketing”. For these purposes, when our website and other websites on which the Google advertising network is active are accessed, a Google code is executed directly by Google and (re)marketing tags (invisible graphics or code, also referred to as “web beacons”) are integrated into the website. With their help, an individual cookie, i.e., a small file, is stored on the user’s device (comparable technologies may be used instead of cookies). This file contains information about the web pages visited by the user, the content in which they are interested and the offers on which they have clicked, as well as technical information about the browser and operating system, referring web pages, time of visit and other information on the use of the online offering.
We also receive an individual “conversion cookie”. The information obtained with the help of the cookie is used by Google to compile conversion statistics for us. However, we only learn the anonymous total number of users who clicked on our ad and were redirected to a page with a conversion tracking tag. We do not receive any information that personally identifies users.
Users’ data are processed pseudonymously within the Google advertising network. This means that Google does not store and process, for example, the name or email address of users, but processes the relevant data within pseudonymous user profiles by cookie. This means that, from Google’s point of view, the ads are not managed and displayed for a specifically identified person, but for the owner of the cookie, regardless of the owner’s identity. This does not apply if a user has expressly permitted Google to process the data without this pseudonymisation. The information collected about users is transmitted to Google and stored on Google’s servers in the USA.
For further information on Google’s use of data, settings and opt-out options, please refer to Google’s privacy policy (https://policies.google.com/technologies/ads) and Google’s ad personalisation settings (https://adssettings.google.com/authenticated).
