Thank you for your interest in our company. Data protection is of particular importance to us. When using the iOS or Android App "Rum Tasting Notes" (hereinafter referred to as "App"), personal data is generated and processed. We generally obtain the consent of the data subject for the processing of this personal data.
The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the Basic Data Protection Ordinance and in accordance with the country-specific data protection regulations applicable to Oliver Gerhardt (hereinafter referred to as"data controller"). By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, data subjects will be informed of their rights by means of this data protection declaration.
The person in charge has implemented numerous technical and organisational measures for the processing in order to ensure the most complete possible protection of the personal data processed via this app. Nevertheless, Internet-based data transmissions can have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, for example by telephone.
The data protection declaration of the person responsible is based on the terms used by the European legislator of directives and regulations when the basic data protection regulation (DS-GMO) was issued. Our data protection declaration should be easy to read and understand both for the public and for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this data protection declaration:
Personal data are all information relating to an identified or identifiable natural person (hereinafter"data subject"). Identifiable is a natural person who can be identified directly or indirectly, in particular by assignment to an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
Data subject is any identified or identifiable natural person whose personal data are processed by the controller.
Processing means any operation or series of operations carried out with or without the aid of automated procedures in relation to personal data, such as the collection, collection, organisation, sorting, storage, adaptation or alteration, reading, retrieval, use, disclosure by transmission, dissemination or any other form of provision, comparison or linking, restriction, erasure or destruction.
Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.
Profiling is any form of automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, behaviour, location or relocation of that natural person.
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data are not assigned to an identified or identifiable natural person.
The data controller or controller is the natural or legal person, public authority, institution or other body which alone or jointly with others decides on the purposes and means of processing personal data. Where the purposes and means of such processing are laid down by Union law or by the law of the Member States, the controller or the specific criteria for his appointment may be laid down in accordance with Union law or the law of the Member States.
Processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the data controller.
Recipient is a natural or legal person, authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, authorities which may receive personal data under Union law or the law of the Member States within the framework of a particular investigation mandate shall not be regarded as recipients.
A third party is a natural or legal person, authority, institution or other body other than the data subject, the data processor, the data processor and the persons authorised to process the personal data under the direct responsibility of the data processor or the data processor.
Consent shall mean any informed and unequivocal expression of will voluntarily given by the data subject in the particular case in the form of a declaration or other clear affirmative act by which the data subject indicates his or her consent to the processing of personal data concerning him or her.
2. The name and address of the controller
The person responsible within the meaning of the Basic Data Protection Regulation, other data protection laws in force in the Member States of the European Union and other provisions of a data protection nature is:
Mailänder Platz 7
Phone: 0711 56611222
3. Registration in our app
The data subject may register in the app of the controller, providing personal data. The personal data transferred to the controller is determined by the respective input mask used for registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for the data subject's own purposes. The controller may arrange for the data to be transferred to one or more processors, such as a parcel service, who also uses the personal data exclusively for internal use attributable to the controller.
By registering in the app of the data controller, the IP address assigned by the Internet Service Provider (ISP) of the data subject, the date and time of registration are also stored. This data is stored against the background that this is the only way to prevent misuse of our services and, if necessary, to enable us to investigate criminal offences committed. In this respect, the storage of this data is necessary to protect the data controller. This data will not be passed on to third parties unless required to do so by law or for the purpose of criminal prosecution.
Registration of the data subject with the voluntary provision of personal data serves the controller to offer the data subject content or services which, by their nature, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have them completely deleted from the database of the data controller.
The controller shall at all times, upon request, inform each data subject of the personal data relating to that data subject. Furthermore, the controller shall correct or delete personal data at the request or notice of the data subject, provided that there is no legal obligation to keep such data in safekeeping.
4. Routine erasure and blocking of personal data
The controller shall process and store the personal data of the data subject only for the time necessary to achieve the data retention purpose or to the extent provided for by the European regulator or other legislator in laws or regulations to which the controller is subject.
If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or another competent legislator expires, the personal data is routinely blocked or deleted in accordance with the statutory provisions.
5. Rights of the data subject
Right of confirmation
Every data subject shall have the right granted by the European legislator of directives and regulations to require the controller to confirm whether personal data concerning him/her are being processed. If a person concerned wishes to make use of this right of confirmation, he can contact the person responsible at any time.
Right of access
Any person concerned by the processing of personal data shall have the right granted by the European legislator of directives and regulations to obtain, at any time and free of charge, information from the controller concerning the personal data relating to him/her stored and a copy of that information. Furthermore, the European regulator has granted the data subject the following information:
the processing purposes
the categories of personal data to be processed
the recipients or categories of recipients to whom the personal data have been or are still being disclosed, in particular recipients in third countries or international organisations
if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
the existence of a right of rectification or deletion of personal data concerning him or of a restriction on processing by the controller or of a right of opposition to such processing
the existence of a right of appeal to a supervisory authority
if the personal data is not collected from the data subject: All available information about the origin of the data
the existence of automated decision-making, including profiling in accordance with Article 22(1) and (4) DS-GMO and, at least in these cases, meaningful information on the logic involved and the scope and intended effects of such processing for the data subject
Furthermore, the data subject has a right of access to information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate guarantees in connection with the transfer.
If a person concerned wishes to make use of this right of information, he can contact the person responsible at any time.
Right to rectification
Any person data subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations to request the immediate correction of inaccurate personal data concerning him/her. Furthermore, taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration.
If a person concerned wishes to make use of this right of rectification, he may contact the person responsible at any time.
Right to erasure
Any person concerned by the processing of personal data shall have the right granted by the European legislator of directives and regulations to require the data controller to request that the personal data concerning him/her be deleted immediately, provided that one of the following reasons applies and insofar as the processing is not necessary:
The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.
The data subject withdraws his/her consent on which the processing was based pursuant to Article 6(1)(a) DS-GMO or Article 9(2)(a) DS-GMO, and there is no other legal basis for the processing.
The data subject opposes processing under Article 21(1) DS-GMO and there are no overriding legitimate grounds for processing or the data subject opposes processing under Article 21(2) DS-GMO.
The personal data have been processed unlawfully.
The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
The personal data was collected in relation to information society services offered in accordance with Art. 8 para. 1 DS-GMO.
If one of the above-mentioned reasons applies and a data subject wishes to have personal data stored by the data controller deleted, he or she can contact the data controller at any time. The person responsible will arrange for the request for deletion to be complied with without delay.
If the personal data have been made public by the data controller and our company, as the data controller, is obliged to delete the personal data pursuant to Art. 17 para. 1 DS-GMO, the data controller shall take appropriate measures, including technical measures, taking into account the available technology and implementation costs, 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, insofar as the processing is not necessary. The person responsible will do what is necessary in individual cases.
The stored data can also be deleted at any time by the user himself. Added bottle information and tastings can be deleted through the app's user interface. The data is then permanently deleted and cannot be restored.
The user account can also be deleted by the user himself. To do this, the user must be logged in and make the deletion under the app settings. All user data will be permanently deleted.
Please note that removing the app from the device alone is not enough to remove the data. Please carry out the above steps.
Right of restriction of processing
Any person data subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations to require the controller to restrict the processing if one of the following conditions is met:
The accuracy of the personal data is disputed by the data subject for a period that enables the data 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 that the use of the personal data be restricted.
The data controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims.
The data subject has lodged an objection to the processing pursuant to Art. 21 para. 1 DS-GMO and it has not yet been determined whether the legitimate reasons of the data subject outweigh 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 the data controller, he or she can contact the data controller at any time. The person responsible will cause the processing to be restricted.
Right to data portability
Any data subject shall have the right granted by the European legislator to receive personal data relating to him/her provided by the data subject to a data controller in a structured, current and machine-readable format. It shall also have the right to transmit such data to another data controller without obstruction by the controller to whom the personal data have been made available, provided that the processing is based on the consent provided for in Article 6(1)(a) DS GMO or Article 9(2)(a) DS GMO or on a contract in accordance with Article 6(1)(b) DS GMO and that the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task in the public interest or in the exercise of public authority conferred on the data controller.
Furthermore, in exercising his right to data transferability pursuant to Article 20(1) DS-GMO, the data subject has the right to obtain that the personal data be transferred directly by a data controller to another data controller, provided this is technically feasible and provided that the rights and freedoms of other persons are not affected thereby.
In order to assert the right to data transferability, the data subject may contact the data controller at any time.
Right to object
Any person concerned by the processing of personal data shall have the right granted by the European legislator for reasons arising from their particular situation to object at any time to the processing of personal data concerning them under Article 6(1)(e) or (f) of the DS-GMO. This also applies to profiling based on these provisions.
In the event of an objection, the data controller will no longer process the personal data, unless we can prove compelling reasons for the processing, which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If the data controller processes personal data for direct marketing purposes, the data subject 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 connected with such direct advertising. If the data subject objects to the controller for direct marketing purposes, the controller will no longer process the personal data for these purposes.
In addition, the data subject has the right to object to the processing of personal data concerning him/her for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) of the DS GMO, unless such processing is necessary for the performance of a task in the public interest.
In order to exercise the right of opposition, the person concerned may contact the person responsible directly. The data subject shall also be free to exercise his right of opposition in relation to the use of information society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
Automated individual decicionmaling, including profiling
Any person data subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations not to be subject to a decision based exclusively on automated processing, including profiling, which has legal effect against him or significantly affects him in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is admissible under Union or Member State law to which the data controller is subject and that such law contains appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, or (3) with the express consent of the data subject.
Where the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data controller or (2) is taken with the express consent of the data subject, the data controller shall take appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of the data controller, to state his own position and to challenge the decision.
If the person concerned wishes to assert rights relating to automated decisions, he or she can contact the person responsible at any time.
Right to withdraw data protection consent
Any person concerned by the processing of personal data has the right granted by the European legislator of directives and regulations to revoke consent to the processing of personal data at any time.
If the person concerned wishes to exercise his/her right to withdraw his/her consent, he/she may contact the person responsible at any time.
6. Legal basis of the processing
Art. 6 I lit. a DS-GMO serves our company as a legal basis for processing operations for which 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 data subject is a party, as is the case for example with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b DS-GMO. The same applies to such processing processes that are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c DS-GMO. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information had to be passed on to a doctor, a hospital or other third parties. The processing would then be based on Art. 6 I lit. d DS-GMO. Ultimately, processing operations could be based on Art. 6 I lit. f DS-GMO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis 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 data subject do not prevail. Such processing procedures are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the person concerned is a customer of the person responsible (recital 47, second sentence, DS-GMO).
7. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GMO, it is in our legitimate interest to conduct our business for the well-being of all our employees and our shareholders.
8. Duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After the expiry of this period, the corresponding data will be routinely deleted, provided that it is no longer necessary for the fulfilment or initiation of the contract.
9. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). In some cases, it may be necessary for a contract to be concluded if a data subject provides us with personal data which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company enters into a contract with him/her. Failure to provide personal data would mean that the contract with the data subject could not be concluded. Before the data subject provides personal data, the data subject must contact the data controller. Our data controller will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or required for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the failure to provide the personal data would have.
10. Existence of automated decision-making
As a responsible company, we do without automatic decision-making or profiling.
11. Data to be transmitted
When registering in the app, you can choose to create a user account. This is useful if you want to use the app across multiple devices or to ensure access to your data when switching to a new phone. When you set up or change an account, you provide some personal information, such as your name, password and email address.
During use, you may provide additional information linked to your account (for logged in users) or your device (for non-registered users):
Information about rums (distillery, alcohol content, bottle price,...)
Tasting notes and ratings
Pictures of Rums
All of the above points are voluntary and are only created and collected at your request.
Please make sure that you have the rights to the uploaded images.
The person responsible for processing has integrated the component Google Analytics for Firebase (with anonymization function) into the app. Google Analytics for Firebase is an app analysis service. App Analysis is the collection, collection and evaluation of data about the behaviour of users of the App. Among other things, an app analysis service records data on which functions of the app were accessed or how often and for how long a functionality was viewed. An app analysis is mainly used to optimize an app and for cost-benefit analysis of implementation efforts. We do this to find errors and mistakes in our app and to understand which features are popular and which are not.
The Google Analytics component is operated by Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The controller uses an anonymization function for app analysis via Google Analytics for Firebase. By means of this addition, Google shortens and anonymizes the IP address of the Internet connection of the person concerned if our app is accessed from a member state of the European Union or from another state party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the flow of visitors to our app. Google uses the data and information collected to evaluate the use of our app, among other things, to compile online reports for us that show the activities on our app, and to provide other services related to the use of our app.
Furthermore, it is possible for the person concerned to object to the collection of data generated by Google Analytics for Firebase related to the use of this app and to the processing of this data by Google and to prevent such collection. To do this, the person concerned must deactivate the usage analysis. The deactivation can be done in the app settings.
13. Other technologies
The app works with Google Firebase services. These services are necessary to provide a server interface, an authentication system, a database and analysis services. The use of these services is explained below:
Google Firebase Authentication is used as the authentication system. The information provided during registration is stored and managed in Google Firebase Authentication. The specified name is only used to identify the user by the administrator and for salutation in emails. It is not displayed to other users.
Google Firebase Cloud Firestore is used as the database system. The data created when creating a rum or tasting entry is stored in this system. Images are stored in Google Firebase cloud storage. These data cannot be viewed by other users of the app. By using these services, the entries can be synchronized to all devices of the user. For synchronization, the user must register.
Firebase performance monitoring is used to analyze the performance of the app. Potential app crashes are forwarded to the Firebase Crashyltics module. This allows us to identify errors and fix them quickly. The evaluation of the analysis enables us to continuously improve the app and to increase its performance, such as energy efficiency.
Information about the use of the data and their storage can be found here: https://firebase.google.com/support/privacy/#pii-table
If you have any questions, please contact us at the above email address.
Last update: 23.09.2018