Data protection

 

1 General Information

1.1 Objective and Responsibility

  1. 1. This Data Privacy Statement is to inform you about the nature, scope and purpose of the processing of personal data related to our online service https://theduchy-restaurant.com/ and the related websites, features and contents (hereinafter collectively referred to as ‘online service’ or ‘website’). Details on these processing activities can be found in section 2.
  2. Details on data processing for the purpose of carrying out our business processes are described in section 3.
  3. The online service is provided by Breidenbacher Hof (WPHG Düsseldorf Operating GmbH, Königsallee 11, D-40212 Düsseldorf, Germany) - hereinafter referred to as ‘provider’, ‘we’ or ‘us’ - who is also legally responsible under the data protection law.
  4. Our online service is provided by der ALL-INKL.COM (Hauptstraße 68, D-02742 Friedersdorf).
  5. You can reach out to our Data Protection Officer Sven Meyzis - IT.DS Beratung under the E-Mail address S.Meyzis@ITDSB.de and telephone 0049 40-21091514.
  6. The term ‘user’ encompasses all customers, interested people, employees and visitors of our online service.
  7.  

1.2 Legal Bases

In principle, we collect and process personal data based on the following legal grounds:

  1. Consent in accordance with article 6 paragraph 1 lit. a General Data Protection Regulation (GDPR). Consent meaning any freely given, specific, informed and unambiguous indication of agreement, which could be in the form of a statement or any other unambiguous confirmatory act, given by the data’s subject consenting to the processing of personal data relating to him or her.
  2. Necessity for the performance of a contract or in order to take steps prior to entering into a contract according to article 6 paragraph 1 lit. b GDPR, meaning the data is required in order for us to fulfil our contractual obligations towards you or to prepare the conclusion of a contract with you.
  3. Processing to fulfil a legal obligation in accordance with article 6 paragraph 1 lit. c GDPR, meaning that e.g. the processing of data is required by law or other provisions.
  4. Processing in order to protect legitimate interests in accordance with article 6 paragraph 1 lit. f GDPR, meaning that the processing is necessary to protect legitimate interests pursued by us or by a third party, unless such interests are overridden by your interests or fundamental rights and freedoms which require the protection of personal data.

The specific legal bases for the individual processing operations are specified in the following sections.

 

1.3 Data Subject Rights

You have the following rights with regards to the processing of your data through us:

  1. The right to lodge a complaint with a supervisory authority in accordance with article 13 paragraph 2 lit. d GDPR and article 14 paragraph 2 lit. e GDPR.
  2. Right of access in accordance with article 15 GDPR
  3. Right to rectification in accordance with article 16 GDPR
  4. Right to erasure (‘right to be forgotten’) in accordance with article 17 GDPR
  5. Right to restriction of processing in accordance with article 18 GDPR
  6. Right to data portability in accordance with article 20 GDPR
  7. Right to objection in accordance with article 21 GDPR

Notice: Users may object to the processing of their personal data in accordance with legal allowances at any time with effect for the future. The objection may in particular be made against processing for the purposes of direct marketing.

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your place of residence, employment or the place of the alleged infringement, if you believe that the processing of your personal data violates the GDPR.

 

1.4 Data Erasure and Duration of Storage

The personal data of the data subject will be erased or blocked as soon as the purpose of the storage is inapplicable. Storage of data beyond that may occur if such storage is required by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. Blocking or erasure of data also takes place when a retention period mandated by the standards mentioned expires, unless the continued storage of data is required for the conclusion of a contract or the fulfilment of contractual obligations.


1.5 Security of Processing

  1. We have implemented appropriate and state-of-the-art technical and organisational security measures (TOMs). Thus, the data that is processed by us is protected against accidental or intentional manipulation, loss, destruction and unauthorized access.
  2. These security measures include in particular the encrypted transfer of data between your browser and our server.
  3.  

1.6 Transfer of Data to Third Parties, Subcontractors and Third Party Providers

  1. A transfer of personal data to third parties only occurs within the framework of legal requirements. We only disclose personal data of users to third parties, if this is required e.g. for billing purposes or other purposes, if the disclosure is necessary to ensure the fulfilment of contractual obligations towards the users.
  2. If we engage subcontractors for our online service, we have made appropriate contractual arrangements as well as adequate technical and organizational measures with these companies.
  3. If we use content, tools or other means from other companies (hereinafter collectively referred to as ‘third party providers’) whose registered offices are located in a third country, it is assumed that a transfer of data to the home countries of these third party providers occurs. The transfer of personal data to third countries takes place exclusively only, if an adequate level of data protection, the user’s consent or another legal permission is present.

2 Processing within the scope of our online service

2.1 Collection of Information on the Use of the Online Service

  1. When using our online service no personal or personally identifiable data is collected and stored in log files.

2.2 Matomo

  1. This website uses the open source software Matomo (formerly Piwik) to statistically evaluate visitor access.
  2. Matomo uses "cookies" for the evaluation of user access. With these text files, which are stored on the computer of the respective user, it is possible to analyse the use of the website. The information and data generated by cookies is stored on a server in Germany. The IP address is made anonymous before it is saved. You can deactivate the use of cookies in the settings of your browser. However, this may mean that our website can no longer be used to its full extent.
  3. The data will not be passed on to third parties. Matomo uses user data in anonymous form so that we can optimize this website and our offer. IP addresses are stored by Matomo without the last digits. In this respect, we can determine from which network an inquiry comes. It is therefore not possible to assign the IP address to a computer.
  4. You can disable Matomo's data collection here. If your browser supports the "Do-Not-Track" technology and you have activated it, your visit is automatically ignored.

You have the possibility to prevent that actions you have taken here are analyzed and linked. This will protect your privacy, but will also prevent us from learning from your actions and improve usability for you and other users.

Your visit to this website is currently being tracked by Matomo Web Analytics. Uncheck this box to opt-out.

By using this website, you consent to the processing of data about you by Matomo in the manner and for the purposes set out above.

 

2.3 Information about Google services

  1. We use various services of Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland on our website.

    For more information on the individual concrete services of Google that we use on this website, please refer to the further privacy policy.
  1. Through the integration of Google services, Google may collect information (including personal data) and process it. It cannot be ruled out that Google also transmits the information to a server in a third country.

    The transmission to the USA depends on the function in which personal data is transmitted. As the responsible party, we ourselves may transfer data to Google in the USA for further use.
  1. We ourselves cannot influence which data Google actually collects and processes. However, Google states that, in principle, the following information (including personal data) may be processed, among others:
    • Log data (in particular the IP address)
    • Location-related information
    • Unique application numbers
    • Cookies and similar technologies

Information on the types of cookies used by Google can be found at https://policies.google.com/technologies/types.

  1. If you are logged into your Google account, Google may add the processed information to your account depending on your account settings and treat it as personal data.
  2. Google states the following about this, among other things:

    "If you are not signed into a Google Account, we store the data we collect with unique identifiers associated with the browser, app, or device you are using. This allows us to ensure, for example, that your language settings are maintained across all browser sessions.

    If you are logged into a Google account, we also collect data that we store in your Google account and consider to be personal data." (https://privacy.google.com/take-control.html)
  1. You can prevent this data from being added directly by logging out of your Google account or also by making the appropriate account settings in your Google account. Furthermore, you can change your cookie settings (e.g. delete cookies, block cookies, etc.).
  2. You can find more detailed information in the privacy notices of Google, which you can access here: https://www.google.com/policies/privacy/
  3. You can find notes on Google's privacy settings at https://privacy.google.com/take-control.html.

 

2.4 Google Analytics

  1. We use Google Analytics, a web analytics service of Google Ireland Limited (Gordon House Barclays Dublin Ireland - hereinafter "Google"), on the basis of your consent for the analysis, optimization and economic operation of our online offer pursuant to Art. 6 para. 1 lit. a. GDPR. Google uses cookies and other technologies. The information generated by the service about the use of the online offer by the users is transmitted to a Google server in the USA and processed there.
  2. Google acts on our behalf within the framework of order processing in accordance with Article 28 GDPR. We have concluded a data protection agreement with Google that contains the EU standard data protection clauses.
  3. In addition, we have concluded a shared responsibility agreement pursuant to Article 26 GDPR with Google for the use of Google's measurement services (see https://support.google.com/analytics/answer/9012600). Within this framework, we have agreed with Google to be responsible for the fulfillment of information obligations and for ensuring data subject rights in accordance with Chapter 3 of the GDPR, as well as for the security of processing and reporting/notification obligations. (Articles 32 to 34 of the GDPR). Google will use the information to evaluate the use of our online offer by the users, to compile reports on the activities within this online offer and to provide us with further services related to the use of this online offer and internet use. In doing so, pseudonymous usage profiles of the users can be created from the processed data.
  4. We use Google Analytics to display the ads placed within advertising services of Google and its partners only to those users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited), which we transmit to Google (so-called "remarketing audiences", or "Google Analytics audiences"). With the help of remarketing audiences, we also want to ensure that our ads correspond to the potential interest of users and do not have a harassing effect.
  5. We use Google Analytics with IP anonymization enabled.
  6. Google Analytics stores cookies in your web browser for a period of two years since your last visit. These cookies contain a randomly generated user ID that can be used to recognize you during future website visits. Users can prevent the storage of cookies by setting their browser software accordingly.
  7. The recorded data is stored together with the randomly generated user ID, which enables the evaluation of pseudonymous user profiles. This user-related data is automatically deleted after 26 months. Other data remains stored in aggregated form indefinitely.
  8. For more information on data usage by Google, settings and revocation options, please visit Google's websites:

    https://policies.google.com/technologies/partner-sites?hl=en ("HOW GOOGLE USES INFORMATION FROM SITES OR APPS THAT USE OUR SERVICES ").

    https://policies.google.com/technologies/ads?hl=en ("How Google uses cookies in advertising ")

    https://adssettings.google.com/authenticated ("Manage information Google uses to serve ads to you").

 

2.5 Google Tag Manager

  1. We use the Google Tag Manager on our website. The Google Tag Manager is a service of Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.
  2. Through the Google Tag Manager, we can integrate various codes and services on our website in an orderly and simplified manner. The Google Tag Manager implements the tags or "triggers" the embedded tags. When a tag is triggered, Google may process information (including personal data) and process it. In doing so, it cannot be ruled out that Google also transmits the information to a server in a third country.
  3. In particular, the following personal data is processed by the Google Tag Manager:
    • Online identifiers (including cookie identifiers).
    • IP address
  1. In addition, you can find more detailed information about the Google Tag Manager on the websites https://marketingplatform.google.com/about/analytics/tag-manager/use-policy/
    as well as at
    https://www.google.com/intl/de/policies/privacy/index.html (section "Data we receive based on your use of our services").
  1. Furthermore, we have concluded an order processing contract with Google for the use of the Google Tag Manager (Art. 28 GDPR). Google processes the data on our behalf in order to trigger the stored tags and display the services on our website. Google may transfer this information to third parties if required by law or if third parties process this data on behalf of Google.
  2. If you have deactivated individual tracking services (e.g. by setting an opt-out cookie), the deactivation remains for all affected tracking tags that are integrated by the Google Tag Manager.
  3. By integrating the Google Tag Manager, we pursue the purpose of being able to carry out a simplified and clear integration of various services. In addition, the integration of the Google Tag Manager optimizes the loading times of the various services.
  4. The legal basis for the processing of personal data described here as part of the measurement process is consent expressly granted by you in accordance with Art. 6 Para. 1 lit. a GDPR.

    The legal basis for the processing of those data that are processed in the context of obtaining consent is our legitimate interest pursuant to Art. 6 (1) lit. f GDPR. We have a legitimate interest in being able to prove that you have given your consent to the measurement procedure (Art. 7 (1) GDPR).


2.6 Google Web Fonts

  1. In order to display our content correctly and graphically appealing across browsers, we use "Google Web Fonts" from Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter "Google") to display fonts on this website.
  2. The privacy policy of the library operator Google can be found here: https://www.google.com/policies/privacy/.
  3. The Google Fonts are installed locally on our server. There is no connection to Google servers.

 

2.7 Google AJAX Search API / jQuery

  1. On our website we use the Javascript library jQuery (ajax.googleapis.com). To increase the loading speed of our website and thus provide you with a better user experience, we use Google's CDN (content delivery network) to load this library. Chances are you have already used jQuery on another page from the Google CDN. In that case, your browser can access the cached copy and it does not need to be downloaded again. If your browser does not have a cached copy or downloads the file from the Google CDN for any other reason, data will again be transferred from your browser to Google Inc ("Google").
  2. For further information on data processing by Google, please refer to Google's privacy policy, currently available at: https://www.google.de/intl/de/policies/privacy/.

 

2.8 Consent management

  1. Our website uses the cookie consent technology "Contao" to obtain your consent for cookies and cookie-based applications that require your consent and to document this consent in a data protection-compliant manner.
  2. When you enter our website, you will be shown a banner through the integration of a corresponding JavaScript code, via which you can give consent for certain cookies and cookie-based applications. As long as you do not give your consent, the aforementioned cookie consent tool blocks the setting of cookies that require your consent. The aforementioned cookie consent tool collects certain user information, including the IP address, when our website is called up so that page calls can be assigned to individual users and, on the other hand, the consent settings made by the user can be individually recorded, logged and stored for a session duration. This data is not passed on to third parties.
  3. The collected data will be stored until you request us to delete it or until you delete the Contao cookie yourself or until the purpose for storing the data no longer applies. Mandatory legal retention periods remain unaffected.
  4. The Contao cookie consent technology is used to obtain the legally required consent for the use of cookies. The legal basis for this is Art. 6 para. 1 p. 1 lit. c GDPR.

 

2.9 Links to other websites

  1. While using some of our services (e.g. “BOOK A TABLE” and “menue card”) you will be automatically redirected to other websites.
  2. Please note that this data protection declaration is not valid there. The privacy policy of the linked website may differ significantly from this one.

 

2.10 DoubleClick

  1. Doubleclick by Google is a service of Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google").
  2. Doubleclick by Google uses cookies to present you with advertisements that are relevant to you. A pseudonymous identification number (ID) is assigned to your browser in order to check which ads have been displayed in your browser and which ads have been viewed. The cookies do not contain any personal information. The use of DoubleClick cookies only enables Google and its partner websites to display ads based on previous visits to our or other websites on the Internet. The information generated by the cookies is transmitted by Google to a server in the USA for analysis and stored there. Under no circumstances will Google combine your data with other data collected by Google.
  3. You can find more information about DoubleClick by Google and data protection here: https://policies.google.com/technologies/ads?hl=de
  4. The legal basis for the use of DoubleClick is your consent in accordance with Article 6 (1) (a) GDPR. You consent to the processing of the data collected about you by Google in the manner described above and for the stated purpose.

 

3 Processing for the purpose of carrying out our business processes

3.1 Contact Form and Contacting via E-Mail

  1. When contacting us (via online form or e-mail), the data provided by the user will be processed exclusively for processing the inquiry and its handling.
  2. Any other use of the data will only take place based on the given consent from the user.
  3. The user data from the website forms are stored in our content management system (Contao) The statutory retention periods for business letters apply.

 

3.2 Video surveillance

Below you will find our privacy policy in the sense of article 13 GDPR regarding the processing of personal data in the context of our video surveillance.

  1. Video recordings are processed on the basis of article 6 paragraph 1 lit. f GDPR; the so-called legitimate interest.
  2. Our legitimate interests are:
    • Preservation of the house right
    • Protection against theft, protection of property
    • Clarification of burglary and theft
    • Protection of guests and employees
  1. The processing of the video recordings is exclusively done in accordance with the stated purpose.
  2. Any further use or transfer of video recordings shall only be made to the extent that this is necessary in the context of a possible prosecution. Recipients in this case are the competent law enforcement agencies.
  3. We use external service providers for the maintenance of the video surveillance system, whereby access to the video surveillance system or stored video recordings can not be ruled out.
  4. The deletion of the video recordings takes place 10 days after recording, provided that no special occurrences have occurred which justify or require further storage.

 

3.3 Newsletter

  1. Description and scope of data processing
    If you would like to receive the newsletter offered on the website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. No further data is collected, or only on a voluntary basis.
    We use the "Brevo" service to send newsletters. The provider is Sendinblue GmbH (Köpenicker Straße 126, 10179 Berlin, Germany) - hereinafter referred to as the service provider. Your data is stored on Sendinblue GmbH servers in Germany.
    You can find detailed information about the service and the service provider here:
    https://www.brevo.com/de/datenschutz-uebersicht/sowie
    https://www.brevo.com/de/legal/privacypolicy/.
  2. Usage analysis
    With the help of Brevo, we are able to analyze our newsletter campaigns. For example, we can see whether a newsletter message has been opened and which links have been clicked on. In this way, we can determine, among other things, which links were clicked on particularly often.
    We can also recognize whether certain previously defined actions were carried out by the newsletter recipient after opening/clicking (conversion rate). For example, we can recognize whether a room was booked or a table reserved after clicking on the newsletter.
    If you do not wish to be analyzed by Brevo, you must unsubscribe from the newsletter. For this purpose, we provide a corresponding link in every e-mail/newsletter.
    You can find detailed information on the functions of Brevo here:
    https://www.brevo.com/de/newsletter-software/.
  3. Legal basis
    Data processing is based on your consent (Art. 6 para. 1 lit. a GDPR). You can revoke this consent at any time. The legality of the data processing operations that have already taken place remains unaffected by the revocation.
    The legal basis for the usage analysis is the balancing of interests pursuant to Art. 6 para. 1 lit. f GDPR.
    We have concluded a data processing agreement (DPA) with the service provider in accordance with Art. 28 GDPR for the use of Brevo. This ensures that the service provider processes the personal data of our newsletter recipients only in accordance with our instructions and in compliance with the GDPR.
  4. Storage period
    Your data processed in Brevo will be stored by us or the service provider until you unsubscribe from the newsletter and deleted from the newsletter distribution list after you unsubscribe from the newsletter. Data stored by us for other purposes remains unaffected by this.
    After you unsubscribe from the newsletter distribution list, your e-mail address may be stored by us or the service provider in a blacklist if this is necessary to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR). Storage in the blacklist is not limited in time. You can object to storage in the blacklist if your interests outweigh our legitimate interest.
  5. Brevo uses the cookie "__cfruid". Furthermore, Brevo connects to other services, e.g. to the third-party provider "Elasticsearch" (es.io) and to "Sendinblue" (sibform.com).

 

3.4 Surveys

  1. We use the software "ReviewPro" to process your ratings and comments in the context of surveys.
  2. ReviewPro is provided by Review Rank, S.A. (Aribau 240, 6-M Barcelona, 08006 Spain). For details, please refer to the Privacy Policy of Review Rank S.A. at https://www.reviewpro.com/privacy-policy/
  3. By participating in a survey you agree to the processing of your data for the purpose of conducting and evaluating the survey.
  4. The participation in a survey can always be carried out without providing personal data. If you provide us with your contact details, these may be used to clarify any queries relating to the respective survey.
  5. After two years, the survey data is deleted from the ‘ReviewPro’ software.

 

3.5 Table reservations

  1. We use the "Opentable" service of the provider OpenTable GmbH (Zeil 109, 60313 Frankfurt am Main, Germany). This service allows you to make table reservations for our restaurant.
  2. The use of Opentable contributes to the facilitation of reservations and optimization of our economic operation. This represents a legitimate interest for us in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR.
  3. The service is not directly embedded on our website, but is a link to the website of Opentable. User information is only transferred to Opentable after the link is activated. Please note that separate data protection regulations apply on the OpenTable site.
  4. For more information about how we treat user information and the information you provide, please see Opentable's Privacy Policy at https://www.opentable.de/legal/privacy-policy.

4 Cookies

4.1 General Information

  1. Cookies are information transmitted by our web server or third-party web servers to the users' devices where they are stored for later retrieval. Cookies can be in the form of small files or any other types of information storage.
  2. In the case that users do not want that cookies are stored on their device, they will be asked to disable the corresponding option in their browser's system settings. Saved cookies may be deleted in the system settings of the browser. The exclusion of cookies can lead to functional impairments of this online service.

 

4.2 Cookie overview, objection

  1. You can find an up-to-date overview of the cookies and services used on this website in the "Contao" consent management platform (see section 2.8 "Consent management").
  2. You can also manage your individual consents and preferences there.
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5 Changes to the Data Privacy Policy

  1. We reserve the right to change this Data Privacy Policy with regards to the data processing, in order to adapt it to changed legal situations, to changes of the online service or of the data processing.
  2. If users' consents are required or if elements of the Data Privacy Policy contain provisions in regards to the contractual relationship with the users, the changes will only be made with the consent of the users.
  3. Users are requested to keep themselves informed about the content of this Data Privacy Policy on a regular basis.

Version: January 2025