Security Policy
Data Protection Declaration
Name and contact of the controller pursuant to Article 4 para. 7 GDPR
Lustra Erlebnishotel
AMORIS GmbH
HRB 14089
CEO M. Baumgartner
Benzstr. 12, 84030 Landshut
VAT ID NUMBER: DE454813958
Security and protection of your personal data
We consider it our primary task to maintain the confidentiality of the personal data you provide and to protect it from unauthorized access. For this reason, we exercise the utmost care and apply state-of-the-art security standards to ensure maximum protection of your personal data.
As a private-sector company, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the regulations of the Federal Data Protection Act (BDSG). We have taken technical and organizational measures to ensure that both we and our external service providers comply with data protection regulations.
Definitions
The legislator requires that personal data be processed in a lawful manner, in good faith, and in a way that is comprehensible to the data subject (“lawfulness, processing in good faith, transparency”). To ensure this, we inform you about the individual legal definitions that are also used in this data protection declaration:
Personal data
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
Processing
“Processing” means any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction.
Restriction of processing
“Restriction of processing” is the marking of stored personal data with the aim of limiting their future processing.
Profiling
“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
Pseudonymization
“Pseudonymization” 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 organizational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.
Filing system
“Filing system” means any structured set of personal data which is accessible according to specific criteria, whether centralized, decentralized, or dispersed on a functional or geographical basis.
Controller
“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; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor
“Processor” means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
Recipient
“Recipient” means a natural or legal person, public authority, agency, or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry under Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
Third party
“Third party” means a natural or legal person, public authority, agency, or body other than the data subject, the controller, the processor, and persons who, under the direct authority of the controller or the processor, are authorized to process personal data.
Consent
“Consent” of the data subject means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.
Lawfulness of processing
The processing of personal data shall be lawful only if and to the extent that there is a legal basis for the processing. Pursuant to Article 6 para. 1 lit. a–f GDPR, a legal basis for processing may in particular be:
The data subject has given consent to the processing of personal data concerning them for one or more specific purposes;
the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
the processing is necessary for compliance with a legal obligation to which the controller is subject;
the processing is necessary to protect the vital interests of the data subject or of another natural person;
the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Information about the collection of personal data
(1) In the following, we inform about the collection of personal data when using our website. Personal data include, for example, name, address, email addresses, user behavior.
(2) When you contact us by email or via a contact form, the data you provide (your email address, your name, and your telephone number, if applicable) are stored by us in order to answer your questions. We delete the data arising in this context once storage is no longer necessary, or limit processing if statutory retention obligations exist.
Collection of personal data when visiting our website
When using the website for informational purposes only, i.e., if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which are technically necessary for us to display our website to you and to ensure stability and security (legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR):
IP address
Date and time of the request
Time zone difference to Greenwich Mean Time (GMT)
Content of the request (specific page)
Access status/HTTP status code
Amount of data transferred in each case
Website from which the request originates
Browser
Operating system and its interface
Language and version of the browser software.
Use of cookies
(1) In addition to the data mentioned above, cookies are stored on your computer when you use our website. Cookies are small text files stored on your hard drive assigned to the browser you use, and through which the body that sets the cookie receives certain information. Cookies cannot run programs or transmit viruses to your computer. They serve to make the Internet offering as a whole more user-friendly and effective.
(2) This website uses the following types of cookies, the scope and functioning of which are explained below:
Transient cookies (see a.)
Persistent cookies (see b.).
Transient cookies are automatically deleted when you close your browser. These include in particular session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the shared session. This allows your computer to be recognized when you return to our website. Session cookies are deleted when you log out or close the browser.
Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can delete cookies at any time in your browser’s security settings.
You can configure your browser settings according to your wishes and, for example, refuse to accept third-party cookies or all cookies. So-called “third-party cookies” are cookies placed by a third party, i.e., not by the actual website you are currently visiting. We point out that by deactivating cookies, you may not be able to use all the functions of this website.
We use cookies to identify you for subsequent visits if you have an account with us. Otherwise, you would have to log in again for each visit.
Other functions and offers of our website
(1) In addition to purely informational use of our website, we offer various services that you may use if interested. For this purpose, you usually need to provide additional personal data, which we use to provide the respective service and for which the aforementioned principles of data processing apply.
(2) In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions, and are regularly monitored.
(3) Furthermore, we may pass on your personal data to third parties if promotions, competitions, contract conclusions, or similar services are offered by us together with partners. You will receive more information upon providing your personal data or below in the description of the offer.
(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you of the consequences of this circumstance in the description of the offer.
Children
Our offer is generally aimed at adults. Persons under 18 years of age should not transmit personal data to us without the consent of their parents or legal guardians.
Rights of the data subject
(1) Right to withdraw consent
If the processing of personal data is based on consent given, you have the right to withdraw consent at any time. The withdrawal of consent does not affect the lawfulness of processing carried out on the basis of the consent before its withdrawal. You may exercise the right of withdrawal at any time by contacting us.
(2) Right to confirmation
You have the right to request confirmation from the controller as to whether we are processing personal data concerning you. You can request confirmation at any time using the above contact details.
(3) Right of access
If personal data are processed, you may request access to such personal data and to the following information at any time:
the purposes of processing;
the categories of personal data being processed;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
where possible, the intended duration for which the personal data will be stored, or, if not possible, the criteria used to determine that duration;
the existence of a right to rectification or erasure of personal data concerning you or to restriction of processing by the controller or a right to object to such processing;
the existence of a right to lodge a complaint with a supervisory authority;
if the personal data are not collected from the data subject, any available information as to their source;
the existence of automated decision-making, including profiling, in accordance with Article 22 para. 1 and 4 GDPR, and—in those cases—meaningful information about the logic involved as well as the significance and the envisaged consequences of such processing for the data subject.
If personal data are transferred to a third country or an international organization, you have the right to be informed of the appropriate safeguards under Article 46 GDPR relating to the transfer. We provide a copy of the personal data undergoing processing. For any further copies you request, we may charge a reasonable fee based on administrative costs. Where you make the request electronically, the information shall be provided in a commonly used electronic format, unless otherwise requested. The right to receive a copy must not adversely affect the rights and freedoms of others.
(4) Right to rectification
You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed—including by means of a supplementary statement.
(5) Right to erasure (“right to be forgotten”)
You have the right to request from the controller the erasure of personal data concerning you without undue delay, and we are obliged to erase personal data without undue delay where one of the following grounds applies:
The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent on which the processing is based according to Article 6 para. 1 lit. a or Article 9 para. 2 lit. a GDPR, and there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to processing pursuant to Article 21 para. 2 GDPR.
The personal data have been unlawfully processed.
The erasure of the personal data is required to comply with a legal obligation under Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services pursuant to Article 8 para. 1 GDPR.
Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers that are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
The right to erasure (“right to be forgotten”) does not apply insofar as processing is necessary:
for exercising the right of freedom of expression and information;
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;
for reasons of public interest in the area of public health in accordance with Article 9 para. 2 lit. h and i as well as Article 9 para. 3 GDPR;
for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89 para. 1 GDPR, insofar as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
for the establishment, exercise, or defense of legal claims.
(6) Right to restriction of processing
You have the right to request restriction of processing of your personal data if one of the following applies:
the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data,
the processing is unlawful and the data subject opposes the erasure of the personal data and requests restriction of their use instead,
the controller no longer needs the personal data for the purposes of processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims, or
the data subject has objected to processing pursuant to Article 21 para. 1 GDPR pending verification whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted under the above conditions, such personal data shall—except for storage—only be processed with the data subject’s consent or for the establishment, exercise, or defense 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 Union or a Member State.
To exercise the right to restriction of processing, the data subject may contact us at any time using the contact details provided above.
(7) Right to data portability
You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used, and machine-readable format, and you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
the processing is based on consent pursuant to Article 6 para. 1 lit. a or Article 9 para. 2 lit. a or on a contract pursuant to Article 6 para. 1 lit. b GDPR and
the processing is carried out by automated means.
In exercising the right to data portability pursuant to paragraph 1, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The exercise of the right to data portability is without prejudice to the right to erasure (“right to be forgotten”). That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
(8) Right to object
You have the right to object at any time, for reasons relating to your particular situation, to processing of personal data concerning you which is based on Article 6 para. 1 lit. e or f GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject or the processing serves the establishment, exercise, or defense of legal claims.
Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing; this applies also to profiling to the extent that it is related to such direct marketing. If you object to processing for purposes of direct marketing, the personal data shall no longer be processed for such purposes.
In connection with the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
You have the right to object, for reasons relating to your particular situation, to processing of personal data concerning you for scientific or historical research purposes or statistical purposes pursuant to Article 89 para. 1 GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
You may exercise the right to object at any time by contacting the respective controller.
(9) Automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing—including profiling—which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:
is necessary for entering into, or performance of, a contract between the data subject and the controller,
is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or
is based on the data subject’s explicit consent.
The controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision.
You may exercise this right at any time by contacting the respective controller.
(10) Right to lodge a complaint with a supervisory authority
You also have the right, without prejudice to any other administrative or judicial remedy, to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement, if you consider that the processing of personal data relating to you infringes this Regulation.
(11) Right to an effective judicial remedy
You have the right to an effective judicial remedy, without prejudice to any administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, if you consider that your rights under this Regulation have been infringed as a result of the processing of your personal data in non-compliance with this Regulation.
Use of Google Analytics
(1) This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files stored on your computer that enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. In the event that IP anonymization is activated on this website, your IP address will, however, be shortened by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area beforehand. 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.
(2) The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
(3) You may prevent the storage of cookies by selecting the appropriate settings on your browser software; however, we point out that in this case you may not be able to use all the features of this website to their full extent. Furthermore, you can prevent the collection of data generated by the cookie and related to your use of the website (incl. your IP address) by Google as well as the processing of such data by Google by downloading and installing the browser plug-in available at the following link: [http://tools.google.com/dlpage/gaoptout?hl=en](http://tools.google.com/dlpage/gaoptout?hl=en).
(4) This website uses Google Analytics with the extension “_anonymizeIp()”. This means that IP addresses are processed in shortened form, so that they cannot be related to a particular individual. If a personal reference can be linked to the data collected about you, this will be immediately excluded and the personal data will therefore be deleted at once.
(5) We use Google Analytics to analyze and regularly improve the use of our website. The statistics obtained enable us to improve our offering and make it more interesting for you as a user. For the exceptional cases in which personal data are transferred to the USA, Google has submitted to the EU-US Privacy Shield, [https://www.privacyshield.gov/EU-US-Framework](https://www.privacyshield.gov/EU-US-Framework). The legal basis for the use of Google Analytics is Art. 6 para. 1 sentence 1 lit. f GDPR.
(6) Information of the third-party provider: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001.
Terms of service: [http://www.google.com/analytics/terms/de.html](http://www.google.com/analytics/terms/de.html)
Overview of data protection: [http://www.google.com/intl/de/analytics/learn/privacy.html](http://www.google.com/intl/de/analytics/learn/privacy.html)
and the privacy policy: [http://www.google.de/intl/de/policies/privacy](http://www.google.de/intl/de/policies/privacy).
(7) This website also uses Google Analytics for a device-independent analysis of visitor flows carried out via a user ID. You can deactivate the device-independent analysis of your usage in your customer account under “My data”, “personal data”.
Use of social media plug-ins
(1) We currently use the following social media plug-ins: Facebook. We use the so-called two-click solution. This means that when you visit our site, initially no personal data are passed on to the providers of the plug-ins. You can identify the provider of the plug-in by the marking on the box above its initial letter or logo. We offer you the opportunity to communicate directly with the provider of the plug-in via the button. Only when you click on the marked field and thereby activate it will the plug-in provider receive the information that you have accessed the corresponding website of our online offering. In addition, the data specified in § 3 of this declaration will be transmitted. According to the respective providers in Germany, for Facebook and Xing the IP address is anonymized immediately after collection. By activating the plug-in, personal data concerning you are therefore transmitted to the respective plug-in provider and stored there (in the case of US-American providers in the USA). As the plug-in provider collects data particularly via cookies, we recommend that you delete all cookies in your browser’s security settings before clicking on the grayed-out box.
(2) We have no influence on the collected data and data processing operations, nor are we aware of the full extent of the data collection, the purposes of the processing, the retention periods. Also, we have no information about the deletion of the collected data by the plug-in provider.
(3) The plug-in provider stores the data collected about you as usage profiles and uses them for purposes of advertising, market research, and/or tailoring its website to user needs. Such evaluation is carried out in particular (even for users who are not logged in) to display demand-oriented advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact the respective plug-in provider to exercise this right. Via the plug-ins, we offer you the opportunity to interact with the social networks and other users so that we can improve our offering and make it more interesting for you as a user. The legal basis for the use of the plug-ins is Art. 6 para. 1 sentence 1 lit. f GDPR.
(4) Data transmission takes place irrespective of whether you have an account with the plug-in provider and are logged in there. If you are logged in with the plug-in provider, the data collected from us will be directly assigned to your account with the plug-in provider. If you press the activated button and, for example, link to the page, the plug-in provider also stores this information in your user account and publicly shares it with your contacts. We recommend logging out regularly after using a social network, especially before activating the button, as this allows you to avoid being assigned to your profile at the plug-in provider.
(5) Further information on the purpose and extent of the data collection and its processing by the plug-in provider can be found in the privacy policies of these providers provided below. There you will also find further information about your rights in this regard and the settings options to protect your privacy.
(6) Addresses of the respective plug-in providers and URL with their privacy notices:
Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA;
[http://www.facebook.com/policy.php](http://www.facebook.com/policy.php);
Additional information on data collection:
[http://www.facebook.com/help/186325668085084](http://www.facebook.com/help/186325668085084),
[http://www.facebook.com/about/privacy/your-info-on-other#applications](http://www.facebook.com/about/privacy/your-info-on-other#applications)
and [http://www.facebook.com/about/privacy/your-info#everyoneinfo](http://www.facebook.com/about/privacy/your-info#everyoneinfo).
Facebook has submitted to the EU-US Privacy Shield, [https://www.privacyshield.gov/EU-US-Framework](https://www.privacyshield.gov/EU-US-Framework).
Integration of Google Maps
(1) On this website, we use the services of Google Maps. This allows us to display interactive maps directly on the website and enables you to use the map function conveniently.
(2) By visiting the website, Google receives the information that you have accessed the corresponding subpage of our website. In addition, the data mentioned in § 3 of this declaration are transmitted. This occurs regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in to Google, your data will be directly assigned to your account. If you do not want your data to be assigned to your Google profile, you must log out before activating the button. Google stores your data as usage profiles and uses them for purposes of advertising, market research, and/or tailoring its website to user needs. Such evaluation is carried out particularly (even for users who are not logged in) to provide demand-oriented advertising and to inform other users of the social network about your activities on our website. You have a right to object to the creation of these user profiles, whereby you must contact Google to exercise this right.
(3) Further information on the purpose and scope of the data collection and its processing by the plug-in provider can be found in the privacy policies of the provider. There you will also find further information on your rights in this regard and setting options to protect your privacy: [http://www.google.de/intl/de/policies/privacy](http://www.google.de/intl/de/policies/privacy).
Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, [https://www.privacyshield.gov/EU-US-Framework](https://www.privacyshield.gov/EU-US-Framework).