Thank you for your interest in our company. Data protection is of a particularly high priority for the management of eldurado GmbH. The eldurado GmbH website can generally be used without providing any personal data. However, if a data subject wishes to make use of our company's special services via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
As the controller, eldurado GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us in alternative ways, for example by telephone.
The data protection declaration of eldurado GmbH is based on the terms used by the European directive and regulation giver when the General Data Protection Regulation (GDPR) was issued. Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter the "data subject"). A natural person is considered to be identifiable who, directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier or one or more special features, expresses the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person can be identified.
b) Data subject
Concerned person is any identified or identifiable natural person whose personal data is processed by the controller.
Processing means any process or series of operations related to personal data, such as collecting, recording, organizing, arranging, storing, adapting or modifying, reading, querying, using, with or without the aid of automated procedures; disclosure by submission, dissemination or other form of provision, reconciliation or association, restriction, erasure or destruction.
d) Restriction of processing
Restriction of the processing is the marking of stored personal data with the aim to limit their future processing.
Profiling is any kind of automated processing of personal data that consists in using that personal information to evaluate certain personal aspects relating to a natural person, in particular aspects regarding analysing or predicting job performance, economic situation, health, personal preferences, interests, reliability, behavior, whereabouts or relocation of that natural person.
Pseudonymisation is the processing of personal data in such a way that personal data can no longer be attributed to a specific data subject without the need for additional information, provided that such additional information is kept separate and subject to technical and organizational measures to ensure that the personal data not assigned to an identified or identifiable natural person.
g) Controller or person responsible for the processing
The controller or the person responsible for the processing is the natural or legal person, public authority, body or body that, alone or in concert with others, decides on the purposes and means of processing personal data. Where the purposes and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria for his designation may be provided for under Union or national law.
The processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the responsible party.
Recipient is a natural or legal person, agency, institution or other entity to whom Personal Data is disclosed, whether or not it is a third party. However, authorities which may receive personal data under Union or national law in connection with a particular mission are not considered as beneficiaries.
j) Third party
A third party is a natural or legal person, public authority, agency or institution other than the data subject, the controller, the processor and the persons authorized under the direct responsibility of the controller or the processor to process the personal data.
Consent is any voluntarily given and unambiguously expressed in the form of a statement or other unambiguous confirmatory act by the data subject for the particular case, by which the data subject indicates that they consent to the processing of the personal data concerning him / her is.
2. Name and address of the controller
The person responsible within the meaning of the General Data Protection Regulation, other data protection laws in the Member States of the European Union and other provisions of a data protection character is:
By using cookies, eldurado GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
The data subject can prevent the setting of cookies through our website at any time by means of a corresponding setting of the Internet browser used and thus permanently contradict the setting of cookies. Furthermore, already set cookies can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
4. Collection of general data and information
The eldurado GmbH website collects a range of general data and information each time the website is accessed by a data subject or an automated system. These general data and information are stored in the server's log files. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website can be controlled, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, eldurado GmbH does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the content of our website, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website and ( 4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack. This anonymously collected data and information is therefore statistically evaluated by eldurado GmbH on the one hand, and also with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data in the server log files are stored separately from all personal data provided by a data subject.
5. Contact possibility via the webiste
Due to legal regulations, the website of the eldurado GmbH contains information that enables quick electronic contact to our company and direct communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the person responsible for processing by email or a contact form, the personal data transmitted by the data subject will be automatically saved. Such personal data transmitted on a voluntary basis by a data subject to the person responsible for processing are stored for the purpose of processing or contacting the data subject. This personal data is not passed on to third parties.
6. Routine deletion and blocking of personal data
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of the storage or, as the case may be, by the European directives or regulations or by any other legislator in laws or regulations which the controller was provided for.
If the storage purpose is omitted or if a storage period prescribed by the European directives and regulations or any other relevant legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
7. Rights of the person concerned
a) Right to confirmation
Each data subject has the right, as granted by the European directives and regulations, to require the controller to confirm whether personal data relating to him / her is being processed. If an affected person wishes to make use of this right of confirmation, they can contact an employee of the controller at any time.
b) Right to information
Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to receive free information about the personal data stored about him and a copy of this information from the person responsible for the processing at any time. We only provide information by post. Furthermore, the European directives and regulations grant the data subject access to the following information:
- the processing purposes
- the categories of personal data being processed
- the recipients or categories of recipients to whom the personal data have been disclosed or are yet to be disclosed, in particular to recipients in third countries or to international organizations
- if possible, the planned duration for which the personal data will be stored or, if that is not possible, the criteria for determining that duration
- the existence of a right to rectification or erasure of the personal data concerning him or of a restriction of the processing by the person responsible or of a right to object to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: all available information on the source of the data
- the existence of automated decision-making including profiling in accordance with Article 22 Abs.1 and 4 GDPR and - at least in these cases - meaningful information about the logic involved and the scope and intended impact of such processing on the data subject
In addition, the data subject has a right of access as to whether personal data has been transmitted to a third country or to an international organization. If that is the case, then the data subject has the right to obtain information about the appropriate guarantees in connection with the transfer.
If an interested party wishes to exercise this right to information, they may at any time contact an employee of the controller.
c) Right to rectification
Every person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to request the immediate correction of incorrect personal data concerning them. We only correct data by post. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data - including by means of a supplementary declaration.
If an affected person wishes to exercise this right of rectification, they may, at any time, contact an employee of the controller.
d) Right to deletion (right to be forgotten)
We only accept requests for deletion by post. Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to demand that the person responsible delete the personal data concerning them immediately, provided that one of the following reasons applies and insofar as the processing is not necessary:
- The personal data has been collected for such purposes or otherwise processed for which they are no longer necessary.
- The data subject withdraws the consent on which the processing was based, in accordance with Article 6 (1) (a) of the GDPR or Article 9 (2 (a) of the GDPR), and lacks an alternative legal basis for processing.
- The data subject objects to the processing in accordance with Art. 21 para. 1 GDPR, and there are no legitimate reasons for the processing, or the data subject objects to Art. 21 para. 2 GDPR Processing.
- The personal data were processed unlawfully.
- The erasure of personal data is necessary to fulfill a legal obligation under Union or national law to which the controller is subject.
- The personal data were collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.
If one of the above reasons applies and a data subject wishes to have personal data stored at eldurado GmbH deleted, they can contact an employee of the person responsible for processing at any time. The eldurado GmbH employee will arrange for the deletion request to be complied with immediately.
If the personal data has been made public by eldurado GmbH and our company, as the person responsible, is obliged to delete the personal data in accordance with Art. 17 Paragraph 1 GDPR, eldurado GmbH will take appropriate measures, taking into account the available technology and the implementation costs of a technical nature, in order to inform other data processors who process the published personal data that the data subject has requested the deletion of all links to this personal data or of copies or replications of this personal data from these other data processors has requested, as far as the processing is not necessary. The employee of eldurado GmbH will arrange the necessary in individual cases.
e) Right to restriction of processing
Any person affected by the processing of personal data has the right, granted by the European directive and regulatory authority, to require the controller to restrict the processing if one of the following conditions applies:
- The accuracy of the personal data is contested by the data subject for a period of time that enables the controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject refuses to delete the personal data and instead requests the restriction of the use of personal data.
- The controller no longer needs the personal data for the purposes of processing, but the data subject requires them to assert, exercise or defend legal claims.
- The person concerned has objection to the processing acc. Art. 21 para. 1 GDPR and it is not yet certain whether the legitimate reasons of the person responsible outweigh those of the person concerned.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored at eldurado GmbH, they can contact an employee of the person responsible for processing at any time. The eldurado GmbH employee will arrange for the processing to be restricted.
f) Right to data portability
Any person affected by the processing of personal data shall have the right conferred by the European Directives and Regulations to obtain the personal data concerning him / her provided to a controller by the data subject in a structured, common and machine-readable format. It also has the right to transmit this data to another person responsible without hindrance by the controller to whom the personal data was provided, provided that the processing is carried out with the consent of Art. 6 Abs. 1 Letter a DS-GVO or Art. 9 Abs 2 subparagraph (a) of the GDPR or on a contract under Article 6 (1) (b) of the GDPR and processing by automated means, unless the processing is necessary for the performance of a task of public interest or in the exercise of public authority, which has been assigned to the responsible person.
In addition, in exercising their right to data portability under Article 20 (1 DS-GVO), the data subject has the right to obtain that the personal data are transmitted directly from one controller to another, insofar as this is technically feasible and if so this does not affect the rights and freedoms of others.
To assert the right to data portability, the person concerned can contact an employee of eldurado GmbH at any time.
g) Right to object
Any person affected by the processing of personal data shall have the right granted by the European Directive and Regulators, at any time, for reasons arising out of their particular situation, against the processing of personal data pertaining to Article 6 (1, e) e or f DS-GVO takes an objection. This also applies to profiling based on these provisions.
In the event of an objection, eldurado GmbH will no longer process the personal data, unless we can prove compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend of legal claims.
If eldurado GmbH processes personal data in order to operate direct mail, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is related to such direct mail. If the data subject objects to eldurado GmbH processing for direct marketing purposes, eldurado GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, for reasons arising from their particular situation, to object to the processing of personal data concerning them that is carried out by eldurado GmbH for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 DS- GMOs take place, to object, unless such processing is necessary to fulfill a task in the public interest.
To exercise the right to object, the person concerned can contact any employee of eldurado GmbH or another employee directly. The data subject is also free, in connection with the use of information society services, regardless of Directive 2002/58 / EC, to exercise their right of objection by means of automated procedures in which technical specifications are used.
h) Automated decisions in individual cases including profiling
Any person concerned by the processing of personal data shall have the right, as granted by the European directives and regulations, not to be subject to a decision based solely on automated processing, including profiling, which has a legal effect on it or, in a similar manner, significantly affects it; if the decision (1) is not required for the conclusion or performance of a contract between the data subject and the controller, or (2) is permitted by Union or Member State legislation to which the controller is subject, and that legislation provides for appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject or (3) with the express consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the person responsible, or (2) it is made with the express consent of the data subject, eldurado GmbH takes appropriate measures to safeguard the rights and freedoms and the legitimate to protect the interests of the data subject, including at least the right to obtain intervention by a person on the part of the person responsible, to express one's own point of view and to contest the decision.
If the data subject wishes to claim automated decision-making rights, they can contact an employee of the controller at any time.
i) Right to withdraw consent under data protection law
Any person affected by the processing of personal data has the right, granted by the European directive and regulatory authority, to revoke consent to the processing of personal data at any time.
If the data subject wishes to assert their right to withdraw consent, they may, at any time, contact an employee of the controller.
8. Legal basis of processing
Art. 6 I lit. A DS-GMO serves our company as the legal basis for processing operations where we obtain consent for a particular processing purpose. If the processing of personal data is necessary to fulfill a contract of which the data subject is a party, as is the case, for example, in processing operations necessary for the supply of goods or the provision of any other service or consideration, processing shall be based on Art. 6 I lit. b DS-GMO. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries regarding our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c DS-GMO. In rare cases, the processing of personal data may be required to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our premises were injured and his or her name, age, health insurance or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GMO.
Ultimately, processing operations could be based on Art. 6 I lit. f DS-GMOs. On this legal basis, processing operations that are not covered by any of the above legal bases are required if processing is necessary to safeguard the legitimate interests of our company or a third party, unless the interests, fundamental rights and fundamental freedoms of the person concerned prevail. Such processing operations are particularly allowed to us because they have been specifically mentioned by the European legislator. It considered that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47 sentence 2 DS-GVO).
9. Authorized interests in the processing that are being pursued by the controller or a third party
Our legitimate interest is the conduct of our business for the benefit of all of our employees and our shareholders, if the processing of personal data is based on Article 6 I lit. f DS-GMO.
10. Duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the deadline, the corresponding data will be routinely deleted, if they are no longer required to fulfill the contract or to initiate a contract.
11. Legal or contractual provisions for the provision of personal data; Necessity for the conclusion of the contract; Obligation of the data subject to provide the personal data; Possible consequences of non-provision
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information about the contracting party).
Occasionally it may be necessary for a contract to be concluded that an affected person provides us with personal data that must subsequently be processed by us. For example, the data subject is required to provide us with personal information when our company enters into a contract with him/her. Failure to provide the personal data would mean that the contract with the person concerned could not be closed.
Prior to any personal data being provided by the person concerned, the person concerned must contact one of our employees. Our employee will inform the individual on a case-by-case basis whether the provision of the personal data is required by law or contract or is required for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of the non-provision of the personal data.
12. Existence of automated decision-making
As a responsible company we refrain from automatic decision-making or profiling.
This data protection declaration was created by the data protection declaration generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an External Data Protection Officer Munich in cooperation with the data protection lawyer Christian Solmecke. created.