Privacy Notice

The following information provides a simple overview of what happens to your personal data when you visit our website. Personal data is all data with which you can be personally identified. Detailed information on the subject of data protection can be found in our privacy policy listed below this text.

Data collection on our website

Who is responsible for data collection on this website? 

Data processing on this website is carried out by the website operator. You can find the operator's contact details in the Imprint of this website. 

How do we collect your data? 

Your data is collected, on the one hand, by you providing it to us. This may, for example, be data you enter into a contact form. 

Other data is collected automatically by our IT systems when you visit the website. This is primarily technical data (e.g. internet browser, operating system, or time of the page request). This data is collected automatically as soon as you enter our website. 

What do we use your data for? 

Some of the data is collected to ensure that the website is provided without errors. Other data may be used to analyse your user behaviour. 

What rights do you have regarding your data? 

You have the right at any time to receive information free of charge about the origin, recipients, and purpose of your stored personal data. You also have the right to request 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, as well as for further questions on the subject of data protection. You also 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 for this purpose, as well as for further questions on the subject of data protection. 

Analytics Tools and Tools from Third-Party Providers 
When you visit this website, your browsing behaviour may be statistically evaluated. This is done primarily using so-called analytics programs. Detailed information on these analytics programs can be found in the following privacy policy. 

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 statutory data protection regulations and this privacy policy.

When you use this website, various personal data is collected. Personal data is data with which you can be personally identified. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

We would like to point out that data transmission over the internet (e.g. when communicating by email) may have security vulnerabilities. Complete protection of data from access by third parties is not possible.

Notice Regarding the Responsible Party

The party responsible for data processing on this website is: 

Alpenhotel Oberjoch Mayer GmbH 

Managing Directors: Julian Mayer, Florian Mayer 

Am Prinzenwald 3 

87541 Bad Hindelang 

Germany 

Tel. +49 8324 7090 

Fax +49 8324 709200 

External Data Protection Officer:

Sven Lenz

Datenschutzkanzlei Lenz GmbH & Co. KG

Bahnhofstraße 50

87435 Kempten
Germany

If you have any questions about data protection or other data-protection-related concerns, please feel free to send an e-mail to our data protection team: datenschutz@familux.com

Withdrawal of Your Consent to Data Processing 
Many data processing operations are only possible with your express consent. You may withdraw any consent you have already given at any time. The lawfulness of the data processing carried out prior to the withdrawal remains unaffected by the withdrawal.

Right to object to data collection in special cases and to direct marketing (art. 21 gdpr)

Where data processing is based on Art. 6(1)(e) or (f) GDPR, you have the right at any time, on grounds relating to your particular situation, to object to the processing of your personal data; this also applies to profiling based on these provisions. You can find the respective legal basis on which processing is based in this privacy policy. If you object, we will no longer process your personal data concerned, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or the processing serves the establishment, exercise, or defence of legal claims (objection pursuant to Art. 21(1) 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 advertising; this also applies to profiling to the extent that it is related to such direct marketing. If you object, your personal data will subsequently no longer be used for the purpose of direct marketing (objection pursuant to Art. 21(2) GDPR). 

Right to Lodge a Complaint with the Competent Cupervisory Authority

In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the member state of their habitual residence, their place of work or the place of the alleged violation. The right to lodge a complaint exists 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 and TLS Encryption

For security reasons and to protect the transmission of confidential content, such as orders or inquiries 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. 

Access, Blocking, Deletion

Within the scope of the applicable statutory provisions, you have the right at any time to free-of-charge information about your stored personal data, its origin and recipients, and the purpose of the data processing, and, if applicable, a right to correction, blocking, or deletion of this data. For this and other questions on the subject of personal data, you can contact us at any time at the address given in the imprint.

Right to Restriction of Processing

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

• If you dispute the accuracy of your personal data stored by us, we generally need time to verify this. For the duration of the verification, you have the right to request the restriction of the processing of your personal data. 
• If the processing of your personal data was/is unlawful, you may request the restriction of data processing instead of erasure. 
• If we no longer need your personal data, but you need it to assert, exercise, or defend legal claims, you have the right to request the restriction of the processing of your personal data instead of erasure. 
• If you have lodged an objection pursuant to Art. 21(1) GDPR, a balancing of your interests and ours must be carried out. As long as it has not yet been determined whose interests prevail, you have the right to request 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 establishment, exercise, or defence of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest of the European Union or a member state. 

Objection to Promotional  Emails

We hereby object to the use of contact data published within the scope of the imprint obligation for the sending of advertising and information material not expressly requested. The operators of this site expressly reserve the right to take legal action in the event of unsolicited advertising information being sent, such as through 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 a parent or guardian. Persons who have not yet reached the age of 16 may only provide us with personal information if the express consent of a parent or guardian is available, or if the person has reached or is older than 16 years of age. This data will be processed in accordance with this privacy policy.

Cookies

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

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

Cookies have various functions. Numerous 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 to display advertising. 

Cookies that are required for the electronic communication process (necessary cookies) or for the provision of certain functions you wish to use (functional cookies, e.g. for the shopping cart function) or for the optimisation of the website (e.g. cookies for measuring the web audience) are stored on the basis of Art. 6(1)(f) GDPR, unless another legal basis is stated. The website operator has a legitimate interest in the storage of cookies for the technically error-free and optimised provision of its services. Insofar as consent to the storage of cookies has been requested, the storage of the relevant cookies takes place exclusively on the basis of this consent (Art. 6(1)(a) GDPR); the consent can be withdrawn at any time. 

You can set your browser so that you are informed about the setting of cookies and only allow cookies on a case-by-case basis, exclude the acceptance of cookies for certain cases or in general, and activate automatic deletion of cookies when the browser is closed. If cookies are deactivated, the functionality of this website may be limited. 

Insofar as cookies are used by third-party companies or for analysis purposes, we will inform you of this separately within the scope of this privacy policy and, if applicable, request consent.

Cookies in Detail

Google Analytics

This is a web analytics service. It allows the user to measure advertising ROI as well as track Flash, video, and social-networking sites and applications. 

• CONSENT: Used to determine whether the visitor has accepted the marketing category in the cookie banner. This cookie is necessary for the website's GDPR compliance. 
• _gat: Used by Google Analytics to throttle the request rate 
• _ga: Registers 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 about the visitor's device and behaviour to Google Analytics. It tracks the visitor across devices and marketing channels. 
• __utma Allows us to see how many visitors come to our website and how often. 
• utmb: Recorded when a page is closed and used together with utmc to measure how long visitors view individual pages of ours 
• utmc: Recorded when a page is closed, and used together with utmb to measure how long visitors view our pages 
• __utmv - 
• __utmx - 
• __utmz: Tracks how visitors find our website – for example, whether they arrive via a search engine, via links from other websites, or by entering the web address directly. Also shows the sequence of pages visitors access. 
• __utmt: Used to throttle the request 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 stored on your computer that allow us to analyse the use of the website. For this purpose, the usage information generated by the cookie (including your anonymised IP address) is transmitted to and stored on our server. 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 is not shared with third parties. 

• MATOMO_SESSID: Used by the Piwik Analytics Platform to track the visitor's page views during the session. 
• tool-piwik-php: Used by the Piwik Analytics Platform to track the visitor's page views during the session. 
• pkses: Used by the Piwik Analytics Platform to track the visitor's page views during the session. 
• pkid: Collects statistics on 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 GDPR compliance. 
• 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 map material 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 these pages automatically collects and stores information in so-called 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 combined with other data sources. 

This data is collected on the basis of Art. 6(1)(f) GDPR. 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 recorded. 

Contact Form

If you send us inquiries via the contact form, your details from the inquiry form, including the contact data you provided there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not share this data without your consent. 

The processing of this data is based on Art. 6(1)(b) GDPR, insofar as your inquiry 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 handling of inquiries addressed to us (Art. 6(1)(f) GDPR) or on your consent (Art. 6(1)(a) GDPR), if this has been requested. 

The data you enter in the contact form will remain with us until you request its deletion, withdraw your consent to its storage, or the purpose for which the data is stored no longer applies (e.g. after your inquiry has been fully processed). Mandatory statutory provisions – in particular retention periods – remain unaffected.

Inquiries by E-mail, Telephone, or Fax

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

The processing of this data is based on Art. 6(1)(b) GDPR, insofar as your inquiry 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 handling of inquiries addressed to us (Art. 6(1)(f) GDPR) or on your consent (Art. 6(1)(a) GDPR), if this has been requested. 

The data you send to us via inquiries will remain with us until you request its deletion, withdraw your consent to its storage, or the purpose for which the data is stored no longer applies (e.g. after your request has been fully processed). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected. 

Regular Guest Club (Guest Club)

This website uses the KunLeiSys Guest Club software (regular-guest area). The provider is GASTROpoint GmbH, Pommernstraße 17, 83395 Freilassing, Germany. KunLeiSys Guest Club 

software is a service used to organise and manage the guest club, offers, loyalty points, occasion e-mails, and newsletter distribution. 

You can register for the guest club on our website. We only use the data entered for this purpose for the use of the respective offer or service. The mandatory information requested during registration must be provided in full. Otherwise, we will refuse the registration. The processing of the data entered during registration is based on your consent (Art. 6(1)(a) GDPR). You can withdraw any consent you have given free of charge at any time. You can do this via the unsubscribe link in the e-mail or via the unsubscribe option in the guest club. 

The data you provide to us for the purposes of the guest club will be stored by us until you unsubscribe, and will be deleted from both our servers and the servers of GASTROpoint GmbH after unsubscribing and deletion of the guest club account. 

For important changes, such as to the scope of the offering or technically necessary changes, we use the e-mail address provided during registration or stored in your profile to inform you in this way. Statutory retention periods remain unaffected. We have concluded a data processing agreement with GASTROpoint GmbH and fully implement the strict requirements of the data protection authorities when using KunLeiSys Guest Club software.

Google Analytics

This website uses functions of the web analytics 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 user's origin. This data may be combined by Google into a profile assigned to the respective user or their device. 

Google Analytics uses technologies that enable 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 generally transmitted to a Google server in the USA and stored there. 

The use of this analytics tool is based on Art. 6(1)(f) GDPR. The website operator has a legitimate interest in analysing user behaviour in order to optimise both its website and its advertising. Insofar as corresponding consent has been requested (e.g. consent to the storage of cookies), processing takes place exclusively on the basis of Art. 6(1)(a) GDPR; the consent can be withdrawn at any time.

IP Anonymisation

We have activated the IP anonymisation function on this website. As a result, your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area prior to transmission 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 to evaluate your use of the website, to compile reports on website activity, and to provide the website operator with further services relating to website and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data held by Google.

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. 

More information on the handling of user data by Google Analytics can be found in Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=en.

Demographic Characteristics in Google Analytics

This website uses the “demographic characteristics” function of Google Analytics in order to display advertisements that match website visitors' interests within the Google advertising network. This makes it possible to generate reports containing statements on the age, gender, and interests of site visitors. This data comes from interest-based advertising by Google as well as visitor data from third-party providers. This data cannot be assigned to any 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 under “Objection to data collection”.

Retention Period

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

Matomo 

This website uses the open-source web analytics service Matomo. Matomo uses technologies that enable cross-site recognition of the user for the purpose of analysing 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 prior to storage. 

The use of this analytics tool is based on Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the anonymised analysis of user behaviour in order to optimise both its website and its advertising. Insofar as corresponding consent has been requested (e.g. consent to the storage of cookies), processing takes place exclusively on the basis of Art. 6(1)(a) GDPR; the consent can be withdrawn at any time. 

The information collected by Matomo about the use of this website is not shared with 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 allows us to display advertisements in the Google search engine or on third-party websites when the user enters certain search terms into Google (keyword targeting). In addition, targeted advertisements can be displayed based on user data available at Google (e.g. location data and interests) (audience targeting). As the website operator, we can evaluate this data quantitatively, for example by analysing which search terms resulted in our advertisements being displayed and how many advertisements led to corresponding clicks. 

The use of Google Ads is based on Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the most effective marketing of its services and products possible. 

Further information can also be found in Google's “Business Data Responsibility” at: https://business.safety.google/privacy/). We recommend that you read this information in order to gain a complete understanding of the data processing carried out by Google.

Google Tag Manager

For reasons of transparency, please note that we use Google Tag Manager. Google Tag Manager itself does not collect any personal data. It facilitates the integration and management of our tags. 

Tags are small code elements used to measure traffic and visitor behaviour, to detect the effects of online advertising, or to test and optimise our websites. Further information on Google Tag Manager can be found 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. 

With the help of Google Conversion Tracking, Google and we can recognise whether the user has carried out certain actions. For example, we can evaluate which buttons on our website were clicked, and how often, and which products were viewed or purchased particularly frequently. This information is used to compile conversion statistics. We learn the total number of users who clicked on our advertisements and which actions they carried out. We do not receive any information that would allow us to personally identify the user. Google itself uses cookies or comparable recognition technologies for identification purposes. 

The use of Google Conversion Tracking is based on Art. 6(1)(f) GDPR. The website operator has a legitimate interest in analysing user behaviour in order to optimise both its website and its advertising. Insofar as corresponding consent has been requested (e.g. consent to the storage of cookies), processing takes place exclusively on the basis of Art. 6(1)(a) GDPR; the consent can be withdrawn at any time. 

More information on Google Conversion Tracking can be found in Google's privacy policy: https://policies.google.com/privacy?hl=en.

Facebook Pixel

Within our online offering, so-called “Facebook pixels” of the social network Facebook, operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or, if you are resident in 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, Facebook is able to determine the visitors to our offering 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 online offering. In other words, with the help of the Facebook pixel, we want to ensure that our Facebook ads correspond to users' potential interest and are not perceived as a nuisance. With the help of the Facebook pixel, we can also track the effectiveness of Facebook advertisements for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook advertisement. 

The Facebook pixel is embedded directly by Facebook when you access our websites and may store 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 offering is recorded in your profile. The data collected about you is anonymous to us, meaning it provides us with no insight into 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 scope of Facebook's data usage policy. Accordingly, you can find further information on how the remarketing pixel works and, in general, 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 on settings for usage-based advertising there: https://www.facebook.com/settings?tab=ads or declare your objection via the US site http://www.aboutads/choices/ or the EU site 

http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.

Facebook retargeting

We advertise for this website on the Facebook platform via Facebook (Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA). 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 have visited. 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 can decide individually whether to accept them, or exclude the acceptance of cookies for certain cases or in general. If cookies are not accepted, the functionality of our website may be limited.

Use of The Trade Desk's Retargeting Technology

This website uses the retargeting technology of The Trade Desk, Inc. (“The Trade Desk”). This function serves to present interest-based advertisements to visitors of the website within the framework of The Trade Desk advertising network. The browser of the website visitor stores so-called “cookies”, text files that are stored on your computer and which make it possible to recognise the visitor when they access websites that belong to The Trade Desk's advertising network. Advertisements can then be presented to the visitor on these pages, relating to content that the visitor has previously accessed on websites that use The Trade Desk's retargeting technology. According to its own statements, The Trade Desk collects pseudonymised data in this process. 

Should you nevertheless 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 device, using one of the following methods: 

• Via the AdChoices icon in the advertising banner 
• Via youronlinechoices 
• Directly with The Trade Desk here 
• For mobile apps and aboutads/choices 

Further information on The Trade Desk's retargeting technology, 

Newsletter Data

Within the scope of sending the newsletter, your personal data that you have provided to us is stored and processed insofar as this is necessary for sending the newsletter. By consenting to this newsletter, you agree that, within the scope of the newsletter, you will receive advertising in the form of banners or text ads from our company, but also from other companies (partner businesses, cooperation partners). 

You can withdraw your consent at any time. Simply send us an e-mail at info@oberjochresort.de or a letter to Oberjoch Familux Resort, Am Prinzenwald 3, 87541 Bad Hindelang, or click on the unsubscribe link at the end of every newsletter to unsubscribe from the newsletter list with a single click. 

Yes, I would like to subscribe to the newsletter of the Oberjoch Familux Resort and the newsletter(s) of the companies affiliated with familux.com, which inform me by e-mail and post about current offers and promotions from familux.com. Furthermore, I expressly consent to my personal data 

being shared for advertising and information purposes by e-mail and post within familux.com, and being stored, processed, and used there. I have read the notices on data protection and agree to them. I have the right to object at any time, with effect for the future, to the collection, processing, and use of my data by familux.com. 

samera

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

For this purpose, the browser you are using must connect to the servers of samera GmbH. This means that samera GmbH becomes aware that our website was 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 booking process that is as simple and fast as possible. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.

Further information on 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 for end customers. In addition, connection data such as cookie ID, IP address, and browser information (“user agent”) is stored. 

For samera back-office users, the name, e-mail address, and login information are stored. 

Categories of Data Subjects

From end customers, personal data such as name, date of birth, telephone number, email address and address are processed. In addition, connection data such as cookie identifier, IP address and browser information ("user agent") are stored. From samera back-office users, the name, email address and login information 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 where the samera integration is active. 

1. Term of the Agreement 

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

2. Obligations of the Contractor
(1) The contractor undertakes to process data and processing results exclusively within the scope of the client's written instructions. Copies or duplicates of the data will not be made without the client's knowledge. Exempt from this are backup copies, insofar as they are necessary to ensure proper data processing, as well as data required with regard to compliance with statutory retention obligations. 

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

(3) Maintaining confidentiality and secrecy: The contractor legally declares that it has obligated all persons entrusted with data processing to confidentiality prior to commencing their activity, or that 

they are subject to an appropriate statutory duty of confidentiality. In particular, the confidentiality obligation of persons entrusted with data processing remains in force even after the end of their activity and their departure from the contractor. 

(4) The contractor legally declares that it has taken all necessary technical and organisational measures to ensure the security of processing pursuant to Art. 32 et seq. GDPR. Specifically, these are measures for data security and to ensure a level of protection appropriate to the risk with regard to confidentiality, integrity, availability, and resilience of the systems. Details can be found in the appendix (Technical and Organisational Measures). 

(5) Duty to cooperate regarding data subject rights: The contractor takes the technical and organisational measures so that the client can fulfil the rights of data subjects under Chapter III of the GDPR (information, access, correction and deletion, data portability, objection, as well as automated decision-making in individual cases) within the statutory deadlines at any time, and provides the client with all information necessary for this purpose. 

The contractor may not correct, delete, or restrict the processing of data processed under the contract on its own authority, but only in accordance with the client's documented instructions. If a corresponding request is addressed to the contractor and it is apparent that the applicant mistakenly believes the contractor to be the controller of the data application it operates, the contractor must forward the request to the client without delay and inform the applicant of this. 

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

(7) The contractor supports the client in complying with the obligations set out in Art. 32 to 36 GDPR. These include data security measures, notifications of personal data breaches to the supervisory authority, notification of the data subject affected by a personal data breach, and data protection impact assessments. 

(8) The contractor is advised that it must prepare a record of processing activities pursuant to Art. 30 GDPR for the present processing on behalf of the client. 

(9) After termination of this agreement, the contractor is obliged to destroy, at the client's instruction, all documents that have come into its possession, processing results produced, and data holdings connected with the contractual relationship. 

Documentation serving as evidence of contractual and proper data processing must be retained by the contractor beyond the end of the contract in accordance with the respective retention periods. 

(10) The contractor must inform the client without delay if it is of the opinion that an instruction from the client violates data protection provisions of the Union or the member states.

3. Technical and Organisational Measures

The technical and organisational measures (TOMs) are subject to technical progress and further development. The contractor is permitted to implement alternative, adequate measures, provided that the security level of the specified measures is not undercut. Material changes must be documented. 

Details can be found in the appendix.

4. Place of Data Processing

All data processing activities are carried out exclusively within the EU or the EEA.

5. Sub-Processors

The contractor is authorised to engage 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 activity: 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 

Outsourcing to sub-contractors or a change of an existing sub-contractor is permissible, provided that: 

• the contractor notifies the client of this in writing a reasonable time in advance, and 
• the client does not raise a written objection to the contractor regarding the planned outsourcing, and 
• the necessary agreements between the contractor and the sub-processor pursuant to Art. 28(4) GDPR are concluded. 

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

Processing of Data (Customer and Contract Data)

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

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

Data Transfer upon Conclusion of Contract for Services and Digital Content 

We only transfer personal data to third parties where this is necessary for the fulfilment of the contract, for example to the credit institution commissioned to process payments. 

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

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