We are very pleased about your interest in our company. Data protection is of particular importance to the management of Franky’s Gastronomie GmbH. The use of the Internet pages of Franky’s Gastronomie GmbH is generally possible without providing any personal data. However, if a data subject wishes to make use of special services of our company via our website, the processing of personal data may become necessary. If the processing of personal data is required and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to Franky’s Gastronomie GmbH. With this privacy policy, our company aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of their rights through this privacy policy.

Franky’s Gastronomie GmbH, as the controller responsible for processing, has implemented numerous technical and organizational measures to ensure the most complete protection possible for the personal data processed via this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, such as by telephone.

1. Definitions

The privacy policy of Franky’s Gastronomie GmbH is based on the terminology used by the European legislator in the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for both the public and our customers and business partners. To ensure this, we would like to explain the terms used in advance.

In this privacy policy, we use, among others, the following terms:

• a) Personal data

  Personal data means any information relating to an identified or identifiable natural person (‘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.

• b) Data subject

  A data subject is any identified or identifiable natural person whose personal data is processed by the data controller.

• c) Processing

  Processing is any operation or set of operations 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.

• d) Restriction of processing

  Restriction of processing is the marking of stored personal data with the aim of limiting its future processing.

• e) 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 work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

• f) Pseudonymization

  Pseudonymization is the processing of personal data in such a way 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 to ensure that the personal data is not attributed to an identified or identifiable natural person.

• g) Controller or data controller

  The controller or data controller is the natural or legal person, public authority, agency, or other body that, alone or jointly with others, determines the purposes and means of processing 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.

• h) Processor

  A processor is a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.

• i) Recipient

  A recipient is a natural or legal person, public authority, agency, or another body to whom personal data is disclosed, whether a third party or not. However, public authorities that 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.

• j) Third party

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

• k) Consent

  Consent of the data subject means 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.

2. Name and Address of the Controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union, and other provisions related to data protection is:

Franky’s Gastronomie GmbH

August-Thyssen-Straße 129

45481 Mülheim an der Ruhr

Germany

Tel.: 02054 7272

Email: mintard@frankys-wasserbahnhof.de

Website: https://www.frankys-wasserbahnhof.de/

3. Cookies

The websites of Franky’s Gastronomie GmbH use cookies. Cookies are text files that are stored and saved on a computer system via an Internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows the visited websites and servers to distinguish the individual's browser from other Internet browsers that contain different cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

By using cookies, Franky’s Gastronomie GmbH can provide users of this website with more user-friendly services that would not be possible without the cookie setting.

Cookies allow us to optimize the information and offers on our website in the interest of the user. As mentioned earlier, cookies enable us to recognize users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, a website user who uses cookies does not have to enter their login data again each time they visit the website, as this is handled by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in an online store. The online store remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The data subject can prevent the setting of cookies by our website at any time by adjusting the settings of the Internet browser used and thus permanently object to 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

Each time a data subject or an automated system accesses the website of Franky’s Gastronomie GmbH, a series of general data and information is collected. These general data and information are stored in the server log files. The data collected may include (1) the 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 subpages accessed via an accessing system on our website, (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 prevent dangers in the event of attacks on our IT systems.

When using these general data and information, Franky’s Gastronomie GmbH does not draw any conclusions about the data subject. Instead, this information is needed to (1) correctly deliver the content of our website, (2) optimize the content of our website as well as advertising for it, (3) ensure the long-term functionality of our IT systems and the technology of our website, and (4) provide law enforcement authorities with the necessary information for prosecution in the event of a cyberattack. These anonymously collected data and information are therefore statistically analyzed by Franky’s Gastronomie GmbH and further evaluated 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 we process. The anonymous data in the server log files are stored separately from all personal data provided by a data subject.

5. Contact Option via the Website

The website of Franky’s Gastronomie GmbH contains information required by law that enables quick electronic contact with our company as well as direct communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data, voluntarily provided by a data subject to the controller, is stored for processing or contacting the data subject. There is no transfer of this personal data to third parties.

6. Routine Deletion and Blocking of Personal Data

The controller processes and stores personal data of the data subject only for the period necessary to achieve the storage purpose or as provided by the European directives and regulations or another legislator in laws or regulations to which the controller is subject.

If the storage purpose no longer applies or if a storage period prescribed by the European directives and regulations or another relevant legislator expires, the personal data is routinely blocked or deleted in accordance with legal requirements.

7. Rights of the Data Subject

• a) Right to Confirmation

  Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they may contact an employee of the controller at any time.

• b) Right to Access

  Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain free information from the controller at any time about the personal data stored concerning them and to receive a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:

  • The purposes of the processing
  • The categories of personal data being processed
  • The recipients or categories of recipients to whom the personal data has been or will be disclosed, particularly in the case of recipients in third countries or international organizations
  • If possible, the planned 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 them or to restriction of processing by the controller, or the right to object to such processing
  • The existence of a right to lodge a complaint with a supervisory authority
  • If the personal data is not collected from the data subject: Any available information about the origin of the data
  • The existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and—at least in these cases—meaningful information about the logic involved as well as the significance and the intended consequences of such processing for the data subject

  Furthermore, the data subject has the right to be informed whether personal data has been transferred to a third country or an international organization. If this is the case, the data subject has the right to be informed about the appropriate safeguards related to the transfer.

  If a data subject wishes to exercise this right of access, they may contact an employee of the controller at any time.

• c) Right to Rectification

  Every data subject affected by the processing of personal data has the right granted by the European legislator to request the immediate correction of inaccurate personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data—also by means of a supplementary statement—taking into account the purposes of the processing.

  If a data subject wishes to exercise this right to rectification, they may contact an employee of the controller at any time.

• d) Right to Erasure (Right to be Forgotten)

  Every data subject affected by the processing of personal data has the right granted by the European legislator to demand that the controller erase the personal data concerning them without undue delay, provided that one of the following reasons applies and insofar as processing is not required:

  • The personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
  • The data subject withdraws their consent on which the processing was based according to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal basis for processing.
  • The data subject objects to processing pursuant to Article 21(1) GDPR, and there are no overriding legitimate grounds for processing, or the data subject objects to processing pursuant to Article 21(2) GDPR.
  • The personal data has been unlawfully processed.
  • The erasure of personal data is required to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
  • The personal data was collected in relation to information society services offered pursuant to Article 8(1) GDPR.

  If one of the aforementioned reasons applies and a data subject wishes to request the deletion of personal data stored by Franky's Gastronomie GmbH, they may contact an employee of the controller at any time. The employee of Franky's Gastronomie GmbH will ensure that the deletion request is fulfilled immediately.

  If the personal data was made public by Franky's Gastronomie GmbH and our company is obligated to erase the personal data pursuant to Article 17(1) GDPR, Franky's Gastronomie GmbH, considering available technology and implementation costs, will take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the deletion of all links to or copies or replications of that personal data, insofar as processing is not required. The employee of Franky's Gastronomie GmbH will arrange for the necessary measures to be taken in individual cases.

• e) Right to Restriction of Processing

  Every data subject affected by the processing of personal data has the right granted by the European legislator to request that the controller restrict processing if one of the following conditions is met:

  • 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, the data subject opposes the deletion of the personal data and instead requests the restriction of its use.
  • The controller no longer needs the personal data for processing purposes, but the data subject requires it to establish, exercise, or defend legal claims.
  • The data subject has objected to processing pursuant to Article 21(1) GDPR, and it has not yet been determined whether the controller's legitimate interests override those of the data subject.

  If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by Franky's Gastronomie GmbH, they may contact an employee of the controller at any time. The employee of Franky's Gastronomie GmbH will arrange for the restriction of processing.

8. Data Protection for Applications and the Application Process

The data controller collects and processes applicants' personal data for the purpose of handling the application process. Processing may also take place electronically, particularly if an applicant submits the relevant application documents electronically, for example, by email or via a web form on the website, to the data controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal regulations. If no employment contract is concluded with the applicant by the data controller, the application documents will be automatically deleted two months after the rejection decision is announced, provided that no other legitimate interests of the data controller oppose deletion. A legitimate interest in this sense, for example, is the obligation to provide evidence in a procedure under the General Equal Treatment Act (AGG).

9. Data Protection Provisions on the Use and Integration of Facebook

The data controller has integrated components of the company Facebook on this website. Facebook is a social network.

A social network is an online community operated on the internet, which generally enables users to communicate with each other and interact in a virtual space. A social network can serve as a platform for sharing opinions and experiences or allow the online community to provide personal or business-related information. Facebook enables users of the social network to create private profiles, upload photos, and network via friend requests.

The operator of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. The entity responsible for processing personal data, if an affected person lives outside the USA or Canada, is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

With each visit to one of the individual pages of this website, which is operated by the data controller and on which a Facebook component (Facebook plug-in) has been integrated, the internet browser on the affected person’s IT system is automatically prompted by the respective Facebook component to download a representation of the corresponding Facebook component from Facebook. A comprehensive overview of all Facebook plug-ins can be accessed at https://developers.facebook.com/docs/plugins/?locale=en_US. Through this technical process, Facebook is made aware of which specific subpage of our website is visited by the affected person.

If the affected person is logged into Facebook at the same time, Facebook recognizes which specific subpage of our website the affected person is visiting with each visit to our website and for the entire duration of their stay on our website. These details are collected by the Facebook component and assigned by Facebook to the respective Facebook account of the affected person. If the affected person presses one of the Facebook buttons integrated on our website, such as the “Like” button, or submits a comment, Facebook assigns this information to the personal Facebook user account of the affected person and stores these personal data.

Facebook always receives information via the Facebook component that the affected person has visited our website, if the affected person is logged into Facebook at the time of accessing our website; this happens regardless of whether the affected person clicks on the Facebook component or not. If the affected person does not wish such information to be transmitted to Facebook, they can prevent transmission by logging out of their Facebook account before visiting our website.

The data policy published by Facebook, which is available at https://en-gb.facebook.com/about/privacy/, provides information about the collection, processing, and use of personal data by Facebook. Furthermore, it explains the settings Facebook provides to protect the privacy of affected persons. Additionally, different applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the affected person to suppress data transmission to Facebook.

10. Data Protection Provisions on the Use of Google Analytics (with Anonymization Function)

The controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analytics service. Web analytics involves the collection, gathering, and evaluation of data on the behavior of website visitors. A web analysis service collects, among other things, data about which website a person has come from (so-called referrer), which subpages were accessed, or how often and for what duration a subpage was viewed. Web analytics is mainly used to optimize a website and to conduct cost-benefit analyses of Internet advertising.

The operator of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

The controller uses the add-on '_gat._anonymizeIp' for web analysis via Google Analytics. This add-on ensures that the IP address of the affected person’s Internet connection is shortened and anonymized by Google if the access to our website occurs from a member state of the European Union or another contracting state of the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyze visitor flows on our website. Google uses the collected data and information, among other things, to evaluate the use of our website, to compile online reports showing activities on our website, and to provide other services related to website usage.

Google Analytics sets a cookie on the affected person’s IT system. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyze the use of our website. Each time an individual page of this website operated by the controller and integrating a Google Analytics component is accessed, the affected person’s web browser is automatically prompted to transmit data for online analysis to Google. In the course of this technical process, Google obtains knowledge of personal data, such as the IP address of the affected person, which Google uses, among other things, to track the origin of visitors and clicks and subsequently enable commission settlements.

Using cookies, personal information such as access time, the location from which an access originated, and the frequency of visits to our website by the affected person are stored. Each time our website is visited, these personal data, including the IP address of the affected person’s Internet connection, are transmitted to Google in the United States. These personal data are stored by Google in the United States. Google may share these personal data collected through this technical process with third parties.

The affected person can prevent the setting of cookies by our website at any time through an appropriate setting of the Internet browser used and thereby permanently object to the setting of cookies. Such a setting would also prevent Google from setting a cookie on the affected person’s IT system. Additionally, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.

Furthermore, the affected person has the option to object to and prevent the collection of data generated by Google Analytics regarding the use of this website and the processing of this data by Google. To do so, the affected person must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on notifies Google Analytics via JavaScript that no data and information on website visits may be transmitted to Google Analytics. Installing the browser add-on is considered an objection by Google. If the affected person’s IT system is later deleted, formatted, or reinstalled, they must reinstall the browser add-on to disable Google Analytics. If the browser add-on is uninstalled or deactivated by the affected person or another person within their control, there is the option to reinstall or reactivate the browser add-on.

Further information and Google's applicable data protection provisions can be found at https://www.google.de/intl/en/policies/privacy/ and at http://www.google.com/analytics/terms/en.html. Google Analytics is further explained under the following link: https://www.google.com/intl/en_en/analytics/.

11. Data Protection Provisions on the Use of Instagram

The controller has integrated components of the Instagram service on this website. Instagram is a service that qualifies as an audiovisual platform, enabling users to share photos and videos and further distribute such data on other social networks.

The operating company of Instagram services is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

Each time an individual page of this website operated by the controller and integrating an Instagram component (Insta-Button) is accessed, the affected person’s web browser is automatically prompted to download a display of the respective Instagram component. Through this technical process, Instagram gains knowledge of which specific subpage of our website the affected person has visited.

If the affected person is simultaneously logged in to Instagram, Instagram detects with each visit to our website by the affected person and during the entire duration of their stay on our website which specific subpage the affected person has visited. This information is collected through the Instagram component and assigned by Instagram to the affected person’s respective Instagram account. If the affected person clicks on one of the Instagram buttons integrated on our website, the transmitted data and information are associated with the affected person’s personal Instagram account and stored and processed by Instagram.

Instagram receives information through the Instagram component whenever the affected person visits our website, provided that the affected person is logged in to Instagram at the time of accessing our website. This occurs regardless of whether the affected person clicks on the Instagram component or not. If the affected person does not want this information to be transmitted to Instagram, they can prevent this by logging out of their Instagram account before visiting our website.

Further information and Instagram’s applicable data protection provisions can be found at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.

12. Legal Basis of Processing

Article 6(1)(a) GDPR serves as our company’s legal basis for processing operations where we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the affected person is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of another service or consideration, then processing is based on Article 6(1)(b) GDPR. The same applies to processing operations necessary for carrying out pre-contractual measures, such as inquiries about our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as for fulfilling tax obligations, processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the affected person or another natural person. This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance details, or other vital information needed to be passed on to a doctor, hospital, or other third parties. Then the processing would be based on Article 6(1)(d) GDPR.

Ultimately, processing operations could be based on Article 6(1)(f) GDPR. This legal basis is used for processing operations that are not covered by any of the aforementioned legal bases if processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights, and freedoms of the affected person do not outweigh this interest. Such processing operations are permitted, in particular, because they have been specifically mentioned by the European legislator. The legislator considered that a legitimate interest could be assumed if the affected person is a customer of the controller (Recital 47, sentence 2, GDPR).

13. Legitimate Interests in Processing Pursued by the Controller or a Third Party

If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is conducting our business activities for the well-being of all our employees and shareholders.

14. Duration for Which Personal Data is Stored

The criterion for the duration of storage of personal data is the respective statutory retention period. After the expiration of this period, the relevant data is routinely deleted, provided it is no longer required for contract fulfillment or contract initiation.

15. Statutory or Contractual Requirements for Providing Personal Data; Necessity for Contract Conclusion; Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Non-Provision

We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., details of the contracting party). In some cases, it may be necessary for a contract to be concluded that a data subject provides us with personal data, which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company enters into a contract with them. Failure to provide personal data would result in the contract not being concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will clarify on a case-by-case basis whether the provision of personal data is legally or contractually required or necessary for the contract conclusion, whether there is an obligation to provide the personal data, and what consequences the failure to provide personal data would have.

16. Existence of Automated Decision-Making

As a responsible company, we do not use automated decision-making or profiling.

This privacy policy was generated by the Privacy Policy Generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an External Data Protection Officer in Bremen, in cooperation with Data Protection Lawyer Christian Solmecke.