PRIVACY POLICY

Privacy policy
The following information provides you with an overview of the processing of your personal data by us and the rights of a data subject under data protection law. Which data is processed in detail and how it is used depends largely on the way in which contact is made and the nature of the services requested or agreed. Therefore, not all information in this privacy policy will apply to you.

A. Explanation of the privacy policy / name and address of the controller

I. Definitions of terms

We use the following terms in this privacy policy, which are also defined in Art. 4 of the GDPR. We also refer to the definitions of the terms in Art. 4 GDPR. To make this privacy policy simple and understandable, we explain the following terms used in the privacy policy in advance.

1. data subject

Is the natural person to whom personal data relates.

2. personal data; Art. 4 No. 1 GDPR

Personal data is 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.

3. processing; Art. 4 No. 2 GDPR

Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

4. restriction of processing; Art. 4 No. 3 GDPR

Restriction of processing means the marking of stored personal data with the aim of restricting its future processing.

5 Profiling; Art. 4 No. 4 GDPR

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

6. pseudonymisation; Art. 4 No. 5 GDPR

Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

7. controller; Art. 4 No. 7 GDPR

The controller is 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.

8. recipient: Art. 4 No. 9 GDPR

Recipient is 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 in accordance with Union or Member State law shall not be regarded as recipients.

9. third party; Art. 4 No. 10 GDPR

Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

10. consent; Art. 4 No. 11 GDPR

Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
II Controller; contact

The controller within the meaning of the General Data Protection Regulation is

Paulaner’s im Taschenbergpalais Dresden GmbH
Taschenberg 3
01067 Dresden
Dresden, Germany
Phone: 0351 – 49 60 174

E-Mail: info@paulaners-dresden.de
Homepage: www.paulaners-dresden.de

Paulaner’s im Taschenbergpalais Dresden GmbH is hereinafter referred to as “Paulaner’s Dresden” in this privacy policy.
III. supervisory authority; right to lodge a complaint pursuant to Art. 77 GDPR
Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes the provisions of the GDPR.
IV. Rights of the data subject

Every data subject has the following rights vis-à-vis the controller under the GDPR

1. right of withdrawal with regard to consent under data protection law

The data subject has the right to withdraw consent (Art. 6 para. 1 lit. a GDPR) to the processing of personal data with effect for the future. In order to exercise the right to withdraw the consent, the data subject may contact any employee of the Paulaner Dresden.
This right of revocation also applies to consents given to us before May 25, 2018. The revocation does not affect the legality of the personal data processed until the revocation.

2. right of access of the data subject; Art. 15 GDPR

a. If a data subject wishes to avail himself of this right of access as set out below, he or she may, at any time, contact any employee of the controller.

b. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the Paulaner Dresden.

Insofar as personal data of the data subject is processed, the controller shall provide the data subject with a copy of the personal data stored about him or her that is the subject of the processing in addition to free information upon request.

In addition to information about the personal data stored about them, the data subject may also request information about the following information:

(1) the purposes of the processing;

(2) the categories of personal data being processed

(3) 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

(4) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period

(5) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;

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

(7) if the personal data are not collected from the data subject: All available information about the origin of the data;

(8) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

3. right to rectification of personal data; Art. 16 GDPR

a. If a data subject wishes to exercise the right to rectification described below, he or she may, at any time, contact any employee of the Paulaner Dresden.

b. The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

4. right to erasure of personal data; Art. 17 GDPR

a. If a data subject wishes to exercise the right to erasure described below, he or she may, at any time, contact any employee of the Paulaner Dresden.

The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and insofar as the processing is not necessary

(1) The personal data have been collected for purposes or have been processed in any other way for which they are no longer necessary.

(2) The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.

(3) The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.

(4) The personal data have been processed unlawfully.

(5) The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.

(6) The personal data have been collected in relation to the offer of information society services referred to in Art. 8 (1) GDPR.

b. Where the personal data have been made public by the Paulaners Dresden and the Paulaners Dresden, as controller, is obliged pursuant to Article 17(1) GDPR 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 other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required.

c. An employee of Paulaner Dresden shall promptly ensure that the erasure request is complied with immediately if there is a right to erasure.

5. right to restriction of processing; Art. 18 GDPR

a. If a data subject wishes to avail himself of this right to restriction of processing, he or she may, at any time, contact any employee of the Paulaner Dresden, who will arrange the restriction of the processing.

b. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:

(1) 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.

(2) The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.

(3) The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.

(4) The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

6. right to data portability; Art. 20 GDPR

a. If a data subject wishes to exercise the right to data portability described below, he or she may, at any time, contact any employee of the Paulaner Dresden of the controller, who will arrange the data portability.

b. The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where

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

(2) the processing is carried out by automated means.
This 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.
In exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

7. right to object; Art. 21 GDPR

a. The data subject may exercise the right to object, as set out below, at any time by contacting any employee of the Paulaner Dresden. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.

b. The data subject has the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) GDPR. This also applies to profiling based on these provisions.
The Paulaners Dresden shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.
If the Paulaners Dresden processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This also applies to profiling insofar as it is associated with such direct advertising.
If the data subject objects to the Paulaners Dresden to the processing for direct marketing purposes, the Paulaners Dresden will no longer process the personal data for these purposes.
The data subject shall have the right to object, on grounds relating to his or her particular situation, to processing of personal data concerning him or her by the Paulaners Dresden for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

8. automated decisions in individual cases, including profiling; Art. 22 GDPR

a. The data subject may exercise the rights concerning automated individual decision-making described below at any time by contacting any employee of the Paulaner Dresden.

b. The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. This does not apply if the decision

(1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or

(2) 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

(3) with the express consent of the data subject.
If the aforementioned decision and its limitations are applicable, the Paulaners Dresden shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.B. Allgemeines zur Datenverarbeitung

We process personal data of our users/data subjects only to the extent necessary to provide a functional website and to provide and fulfill our services and content and which we receive as part of our business relationship with our customers and data subjects.

The processing of personal data of the data subject by us is described below.

I. 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 would like to point out that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual provisions.
In order to conclude a contract and to fulfill contractual obligations, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. Personal data of a data subject is required in particular to identify the contractual partner.

A contract cannot be concluded with the data subject without knowledge of the data subject’s personal data, as knowledge of the contractual partner is one of the essentialia negotii of a contract under the law of obligations.
The data subject must contact one of our employees before providing personal data by other means of transmission. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.
II Legal basis for the processing of personal data
1. art. 6 para. I lit. a GDPR serves Paulaners Dresden as the legal basis for processing operations for which we obtain consent from the data subject for a specific processing purpose. In this context, we would like to point out once again that consent given for the processing of personal data for specific purposes can be revoked by the data subject at any time with effect for the future. This also applies to consent given to us before May 25, 2018. The revocation does not affect the legality of the personal data processed until the revocation.
2) Art. 6(I)(b) GDPR serves as the legal basis for the processing of personal data by Paulaners Dresden, which is necessary for the performance of a contract to which the data subject is party or in order to take steps prior to entering into a contract.
3. art. 6 para. I lit. c DS-GVO serves Paulaners Dresden as a legal basis insofar as the processing is necessary to fulfill a legal obligation by which processing of personal data is required.
4. furthermore, the processing of personal data may be necessary in order to protect the vital interests of the data subject or of another natural person. In this case, the processing of personal data is based on Art. 6(I)(d) GDPR.
5. art. 6 I lit. f GDPR serves Paulaners Dresden as the legal basis for processing operations where the processing of personal data is necessary for the purposes of the legitimate interests pursued by our company 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. Such a legitimate interest can be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).
A legitimate interest in the processing of personal data within the meaning of Art. 6 para. I lit. f GDPR by us exists, for example, in the following cases:
– the performance of our business activities for the benefit of the well-being of all our employees and our shareholders,

– the storage of the collection of data and log files described below, which are necessary for the use of our website,

– Examination and optimization of procedures for needs analysis for the purpose of direct customer contact,

– Assertion of legal claims and defense in legal disputes,

– Prevention and investigation of criminal offenses,

– Measures to safeguard domiciliary rights

III Deletion, blocking of personal data
The personal data of the data subjects will only be processed and stored by the controller for the period necessary

(1) is necessary to achieve the purpose of storage, in particular to fulfill contractual and pre-contractual obligations, or

(2) if this is necessary due to regulations or laws applicable to the controller,

(3) serves to preserve evidence within the framework of the statutory statute of limitations. According to §§ 195 ff. BGB, these limitation periods can be up to 30 years, whereby the regular limitation period is 3 years.
If the storage purpose no longer applies or if a legally prescribed storage period expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
IV. Users of the personal data
Within our company, those employees who use your data to fulfill pre-contractual or contractual obligations or to process your request will have access to your data.
If you use card service providers (EC cards) or credit card service providers to pay for your services, data will also be transmitted to these companies for the purpose of payment processing, if necessary.
Data will only be transferred to bodies in countries outside the European Union (so-called third countries) if
– the data subject has given their consent, or
– it is necessary for the purpose of business processing (e.g. payment processing).

C. Provision of the website / internet page; collection of data; use of the website, log files

I. Website

1. use of the website
The use of the website of the Paulaner Dresden, accessible under the link: www.paulaners-dresden.de, is generally possible without providing any personal data.
In the event that a data subject wishes to make use of 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 will obtain the consent of the data subject.
The processing of personal data is always carried out in accordance with the GDPR and in accordance with the country-specific data protection regulations applicable to Paulaners Dresden. This privacy policy informs data subjects about the rights to which they are entitled. We also provide information about the type, scope and purpose of the personal data we collect, use and process.
As the controller, the Paulaners Dresden has implemented technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, absolute protection cannot be guaranteed for internet-based data transmissions. For this reason, every data subject is free to transmit personal data to us by telephone, post or in person.

2. purposes of data collection; log files

Nevertheless, every time the Paulaner Dresden website is accessed by a data subject or an automated system, a series of general data and information is collected. This general data and information is stored in the server log files.

The following can be recorded

– an Internet Protocol address (IP address),
– the date and time of access to the website
– the sub-websites which are accessed via an accessing system on our
website are accessed,
– the browser types and versions used
– the operating system used by the accessing system
– the internet service provider of the accessing system,
– the website from which an accessing system accesses our website (so-called referrer)
– other similar data and information used for security purposes in the event of attacks on our information technology systems.

This information is required to correctly display the contents of our website and to optimize the contents of our website, as well as to ensure the long-term functionality of our information technology systems and the technology of our website and to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. When using the aforementioned data and information, the Paulaners Dresden does not draw any conclusions about the data subject.

For this reason, this anonymous data from the server log files is stored separately from all personal data provided by a data subject. Therefore, the Paulaners Dresden analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process.

3. legal basis for the data processing of the use of the website

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

4. duration of storage / deletion of personal data
The storage of personal data takes place in any case as long as this is necessary due to a respective applicable legal retention period. After this period has expired, the corresponding data will be deleted if it is no longer required for the fulfillment or initiation of the contract. Otherwise, point B. III of this privacy policy applies.
II Contact form on the website for the purpose of table reservations

1. description and scope of data processing

There is a contact form on our website for the purpose of reserving a table in our restaurant, which can be used to contact us electronically. If a user of our website makes use of this option, the data entered in the input mask will be recorded, transmitted to us and stored. The data will not be passed on to third parties.

The following data is collected:

– an Internet Protocol address (IP address) of the Internet Service Provider (ISP) for the computer system used at the time of logging on the date and time of access to the website,
– the date and time of contact,
– the name of the data subject,
– e-mail address,
– telephone number,
– number of persons,
– reservation date,
– reservation time,
– Personal message / your message.

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

2 Purpose of data processing

The processing of the personal data from the input mask serves us solely to process the contact and is necessary for the fulfillment of a contract and for the implementation of pre-contractual measures. In particular, this is to enable us to allocate the user a suitable seat in our restaurant and then to provide sufficient means and resources for the fulfillment of the contract.

3. legal basis for data processing when using the contact form

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

4. duration of storage / deletion of personal data

The storage of personal data takes place in any case as long as this is necessary due to a respective applicable legal retention period. After this period has expired, the corresponding data will be deleted if it is no longer required for the fulfillment or initiation of the contract. Otherwise, point B. III of this privacy policy applies.
The data entered by the user in the input mask is required for the fulfillment or implementation of pre-contractual measures, so that premature deletion of the data is only possible insofar as contractual or legal obligations do not prevent deletion.
III E-mail contact / fax contact / postal contact

1. description and scope of data processing

It is possible to contact us via the e-mail address or fax number provided or by post. In this case, the personal data of the user / data subject transmitted with the e-mail or fax or by post will be stored. The data will not be passed on to third parties.

2. Purpose of data processing

When contacting us by e-mail / fax / post, the collection of the personal data transmitted to us by the data subject serves to process the contact. This also constitutes the legitimate interest in the processing of the personal data transmitted to us.
The processing of personal data serves us solely to process the contact and is necessary for the fulfillment of a contract and for the implementation of pre-contractual measures.

3. legal basis for data processing when using the contact form

The legal basis for the processing of data transmitted in the course of sending an e-mail / fax / post is Art. 6 para. 1 lit. f GDPR. If the e-mail contact / fax message / message sent by post is aimed at the conclusion of a contract or if the contact serves pre-contractual purposes, the additional legal basis for the processing of personal data is Art. 6 para. 1 lit. b GDPR.

4. duration of storage / deletion of personal data

Personal data will be stored in any case for as long as this is necessary due to the applicable statutory retention period. After expiry of the aforementioned period, the corresponding data will be deleted if they are no longer required for contract fulfillment or contract initiation. Otherwise, point B. III of this privacy policy applies.

5. possibility of objection and removal

The personal data transmitted by e-mail / fax / post, which are required for a table reservation or for another reason, e.g. for the purpose of fulfillment or for the implementation of pre-contractual measures, can only be deleted prematurely, unless contractual or legal obligations prevent deletion.
If the contact is made neither for the purpose of initiating a contract nor for the conclusion or execution or fulfillment of a contract, the data subject may object to the storage of his or her personal data at any time within the meaning of Art. 21 GDPR.
D. Profiling; automated decision-making
Paulaners Dresden does not use automated decision-making or profiling.
E. Data protection provisions for applications

We collect and process the personal data of applicants for the purpose of carrying out the application process.

If an applicant submits their application documents to the controller by electronic means, for example by email or, if applicable, via a contact form on the website, fax or post, the personal data may also be processed by electronic means. The legal basis for the processing of personal data is Art. 6 para. 1 lit. b, f GDPR.
The transmitted personal data can only be deleted prematurely if there are no contractual or legal obligations to the contrary.
If an employment contract is concluded with the applicant and Paulaners Dresden on the basis of the application, the transmitted data will be stored for the purpose of implementing and processing the employment relationship in compliance with the statutory provisions.

If Paulaners Dresden does not conclude an employment contract with the applicant, the application documents will be deleted or destroyed no later than two months after notification of the rejection decision, provided that no other legitimate interests (e.g. a burden of proof under the AGG) of the controller prevent deletion or destruction.