Privacy policy of better by MOSEL GmbH

Welcome to better by MOSEL and our online presence, especially at https://www.better-by-mosel.de

We are pleased that we have aroused your interest in our region and our offers. The protection of your privacy and your personal data is very important to us. The collection and use of your data is therefore always in accordance with the provisions of the General Data Protection Regulation (EU) 2016/679 (GDPR), the Federal Data Protection Act (BDSG), the Act on Data Protection and the Protection of Privacy in Telecommunications and Digital Services (TDDDG) and the Digital Services Act (DDG).

In the following we will therefore inform you about which data we collect and how we process this data.

1 Responsible party
The responsible party for this online presence within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:

better by MOSEL GmbH
Auf der Wescher 15
D-54536 Kröv

Phone: +49 6541 - 1788685
Fax: +49 6541 - 1788687
Email: explore@better-by-mosel.de

(hereinafter abbreviated as "bbM")

Operating our Instagram fan page represents processing under joint responsibility in accordance with Art. 26 GDPR. We ourselves have no influence on the processing of the data by Instagram / Meta. Responsibility for the processing of the so-called Insights data and the fulfillment of corresponding obligations under the GDPR is assumed by Instagram or Meta / Facebook. You can find further information at:
https://help.instagram.com/775104229257413/?helpref=uf_share
and at:
https://www.facebook.com/legal/terms/page_controller_addendum

2 Personal data
Personal data within the meaning of Art. 4 No. 1 GDPR is all information that relates to an identified or identifiable natural person; a natural person is considered identifiable if he or she 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 to one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person. Personal data is only stored to the extent that this is necessary to provide the booked service, to comply with legal requirements or for the purpose stated below.

3 Purpose of collecting personal data
The personal data is processed on the following legal basis or for the following purposes:
a) If we obtain the consent of the data subject for processing personal data, Art. 6 (1) (a) GDPR serves as the legal basis. The legality of the processing is given on the basis of your consent.
You can revoke your consent at any time. We would like to point out that the revocation will have effect for the future and that processing that took place before the revocation will not be affected.

b) If personal data is required to fulfill a contract to which the data subject is a party, Art. 6 (1) (b) GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

c) If processing of personal data is required to fulfill a legal obligation to which our company is subject, Art. 6 (1) (c) GDPR serves as the legal basis.

d) In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.

e) Insofar as the protection of our legitimate interests is necessary, Art. 6 (1) (f) GDPR serves as the legal basis.
This is particularly the case in the following groups of cases:
• Testing and optimizing processes for needs analysis and direct customer contact,
• Advertising, provided you have not objected to the use of your data,
• Ensuring IT security and IT operations,
• Preventing and investigating criminal offenses,
• Measures for business management and further development of services and products.

f) We also use the personal data stored by us to maintain customer relationships, for customer support (e.g. information on the course of your stay), to carry out our own advertising and marketing measures (e.g. sending catalogs or other postal advertising mailings) and to process orders. Section 7 (3) of the German Act Against Unfair Competition (UWG) serves as the legal basis for sending promotional emails in connection with bookings and orders.

g) When you use social media companies, user profiles are created based on your usage behavior and used to display advertisements. Cookies are usually stored on your computer for this purpose. If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 (1) (f) GDPR serves as the legal basis for the processing.

h) Special information regarding our website:
The collection of personal data becomes essential if you book a stay or other service via our portal or want to use offers from us for which personal data is essential. This includes purchasing vouchers as well as participating in competitions.

In accordance with the legal regulations and in the spirit of data economy, only data that is required to provide this particular service is collected. If we ask you to provide additional information in our forms, this information is always voluntary and marked as such.

If you book a stay or other service, the data collected will be used to process this booking, for advertising purposes within the legal requirements and for statistical purposes.

4 Transfer of personal data to third parties
Your personal data will only be passed on within the relevant requirements, in particular those relating to competition and data protection law.

If this is necessary for the provision of the contractual service owed by us or legal obligations, your data will also be passed on to subcontractors or service providers to provide the service in our name or on our behalf (e.g. technical processing of postal and e-mail dispatch, customer service).

In addition, the data will be passed on to people or companies to process your booking, in particular to hosts, hotels, local service providers and authorities, etc.

Your data will also be disclosed and transmitted to third parties if we are required to do so by law or due to a legally concluded court case.

You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. You also have the right to transmit this data to another responsible party without hindrance from the responsible party to whom the personal data was provided.

5 Transfer of data to a third country or to an international organization
Data will only be transferred to third countries (countries outside the European Economic Area - EEA) if this is necessary to carry out our offers, required by law or if you have given us your consent. If required by law, we will inform you of the details.

We use tools from companies based in the USA or other third countries that are not secure in terms of data protection. If these tools are active, your personal data can be transferred to these third countries and processed there.

We would like to point out that a level of data protection comparable to that in the EU cannot be guaranteed in these countries. For example, US companies are obliged to release personal data to security authorities without you as the data subject being able to take legal action against this. It cannot be ruled out that US authorities, such as secret services, will process, evaluate and permanently store your data on US servers for surveillance purposes. We have no influence on this processing activity.

6 Security measures
We take suitable technical and organizational measures so that we can guarantee a level of protection appropriate to the risk in accordance with Art. 32 GDPR.

7 Storage and deletion of data
Your personal data is stored for the purposes stated under the point "Purpose of collecting personal data". The personal data of the data subject is deleted or blocked as soon as the purpose of storage no longer applies. Storage can also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. The data is also blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data in accordance with Art. 17 Para. 3 GDPR. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted, i.e. the data will be blocked and not processed for other purposes. This includes data that must be retained for tax reasons.

8 Use of cookies and similar technologies
Our websites use so-called "cookies". Cookies are small text files and do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your device. Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your device until you delete them yourself or they are automatically deleted by your web browser. Cookies from third-party companies can also be stored on your device if you use our online services (third-party cookies). These enable us or you to use certain services of the third-party company (e.g. cookies for processing payment services).

Cookies have various functions. Many cookies are technically necessary because certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies are used to evaluate user behavior or display advertising.

Cookies that are required to carry out the electronic communication process, to provide certain functions you require (e.g. for the shopping cart function) or to optimize the website (e.g. cookies to measure the web audience) (necessary cookies) are stored on the basis of Art. 6 Para. 1 lit. f GDPR, unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies for the technically error-free and optimized provision of its services. If consent to the storage of cookies and comparable recognition technologies has been requested, processing will take place exclusively on the basis of this consent (Art. 6 Para. 1 lit. a GDPR and Section 25 Para. 1 TDDDG); consent can be revoked at any time.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be restricted.

If cookies are used by third-party companies or for analysis purposes, we will inform you about this separately in this data protection declaration and, if necessary, ask for your consent.

9 Newsletter
On our website you have the option of registering for our newsletter. We process the personal data transmitted via the registration form in order to send you the individual newsletters. For the purpose of measuring reach and evaluating our email marketing campaigns, we collect data on your use of our newsletters, e.g. whether, how often and for how long you read them and which links you click on in them.

The legal basis for the processing of your personal data is Art. 6 Para. 1 Sentence 1 lit. a GDPR, if applicable in conjunction with Section 7 Para. 2 No. 3 UWG. We may also send you certain information by email on the basis of legal permission in accordance with Section 7 Para. 3 UWG. You can revoke the consent you have given at any time with effect for the future (e.g. via the “unsubscribe” link in the newsletter). If you exercise your right of withdrawal, we will delete the data concerned immediately, unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent does not affect the legality of the processing carried out on the basis of the consent until the withdrawal.

The data you provide to us for the purpose of receiving the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and will be deleted from the newsletter mailing list after you unsubscribe from the newsletter or after the purpose no longer applies. We reserve the right to delete or block email addresses from our newsletter mailing list at our own discretion within the scope of our legitimate interest in accordance with Art. 6 (1) (f) GDPR. You can object to storage if your interests outweigh our legitimate interest.

10 Contact form
If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions. We will not pass on this data without your consent.

The processing of this data is based on Art. 6 Para. 1 lit. b GDPR, provided that your inquiry is related to the fulfillment of a contract or is necessary to carry out pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the inquiries addressed to us (Art. 6 Para. 1 lit. f GDPR) or on your consent (Art. 6 Para. 1 lit. a GDPR) if this was requested; the consent can be revoked at any time.

The data you enter in the contact form will remain with us until you request us to delete it, revoke your consent to storage or the purpose for storing the data no longer applies (e.g. after your inquiry has been processed). Mandatory legal provisions - in particular retention periods - remain unaffected.

11 Inquiry by email, telephone or fax
If you contact us by email, telephone or fax, your inquiry, including all personal data resulting from it (name, inquiry), will be stored and processed by us for the purpose of processing your request. We will not pass on this data without your consent.

This data is processed on the basis of Art. 6 Para. 1 lit. b GDPR, provided that your inquiry is related to the fulfillment of a contract or is necessary to carry out pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the inquiries addressed to us (Art. 6 Para. 1 lit. f GDPR) or on your consent (Art. 6 Para. 1 lit. a GDPR) if this was requested; consent can be revoked at any time.

The data you send to us via contact inquiries will remain with us until you request deletion, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory legal provisions - in particular statutory retention periods - remain unaffected.

12 Newsletter - Unsubscribe
If you no longer wish to receive our newsletter or our advertising emails, click on the link: "Unsubscribe from newsletter", which is included at the end of all emails we send.

13 Automated decision in individual cases
A fully automated decision means that decisions are made without the direct involvement of a person using technical means.

Automated decision-making in accordance with Art. 22 GDPR does not take place on our website. In the event that we use this procedure in individual cases, we will inform you separately about this - if required by law.

14 Use of data for profiling
Profiling is any type of automated processing of personal data consisting of the use of this personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to work performance, economic situation, health, personal preferences, interests, reliability, behavior, whereabouts or relocation of this natural person.

We do not process your data with the aim of evaluating certain personal aspects (profiling).

15 Use of Matomo
Our online presence uses the web analysis service Matomo from the company Matomo.org, 150 Willis, Wellington, Wellington 6011, New Zealand. Matomo uses so-called "cookies", which are text files that are stored on your computer and that enable us to analyze your use of the website. For this purpose, the usage information generated by the cookie (including your shortened IP address) is transferred to our server and stored for usage analysis purposes, which serves to optimize the website on our part. Your IP address is immediately anonymized during this process so that you as a user remain anonymous to us. The information generated by the cookie about your use of this website is not passed on to third parties.

You can prevent the use of cookies by setting your browser software accordingly. However, in this case you may not be able to use all functions of this website to their full extent. If you do not agree to the storage and use of this data from your visit, you can object to the storage and use at any time by clicking below. In this case, a so-called opt-out cookie will be stored in your browser, which means that Matomo will not collect any usage data.

Attention: If you delete your cookies, this will also result in the opt-out cookie being deleted and may have to be reactivated by you when you visit our website again.

This analysis tool is used on the basis of Art. 6 (1) (f) GDPR. The website operator has a legitimate interest in analyzing user behavior in order to optimize both its website and its advertising. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 Para. 1 lit. a GDPR and Section 25 Para. 1 TDDDG, insofar as the consent includes the storage of cookies or access to information in the user's device (e.g. device fingerprinting) within the meaning of the TDDDG. The consent can be revoked at any time.

You can find Matomo's privacy policy at:

https://matomo.org/privacy-policy/

16 Use of Facebook
Elements of the social network Facebook are integrated into this website. The provider of this service is Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. However, according to Facebook, the data collected is also transferred to the USA and other third countries.

You can find an overview of the Facebook social media elements here:

https://developers.facebook.com/docs/plugins/?locale=de_DE

If the social media element is active, a direct connection is established between your device and the Facebook server. Facebook therefore receives the information that you have visited this website using your IP address. If you click the Facebook "Like button" while you are logged into your Facebook account, you can link the content of this website to your Facebook profile. This allows Facebook to associate your visit to this website with your user account. We would like to point out that as the provider of the pages, we have no knowledge of the content of the data transmitted or how it is used by Facebook.

You can find more information on this in Facebook's privacy policy at:

https://de-de.facebook.com/privacy/explanation

If consent has been obtained, the above-mentioned service is used on the basis of Art. 6 (1)(a) GDPR and Section 25 TDDDG. Consent can be revoked at any time. If no consent has been obtained, the service is used on the basis of our legitimate interest in accordance with Art. 6 (1)(f) GDPR in the most comprehensive possible visibility in social media.

If personal data is collected on our website using the tool described here and forwarded to Facebook, there is joint responsibility (Art. 26 GDPR). Joint responsibility is limited exclusively to the collection of data and its forwarding to Facebook. The processing by Facebook after forwarding is not part of the joint responsibility. The joint obligations have been recorded in an agreement on joint processing.
You can access the agreement at:
https://de-de.facebook.com/legal/terms/page_controller_addendum

According to this agreement, we are responsible for providing data protection information when using the Facebook tool and for the data protection-compliant implementation of the tool on our website. Facebook is responsible for the data security of Facebook products. You can assert the rights of those affected (e.g. requests for information) with regard to the data processed by Facebook directly with Facebook. If you assert the rights of those affected with us, we are obliged to forward them to Facebook.

We would like to point out that user data may be processed outside the European Union. This can result in risks for users because it could, for example, make it more difficult to enforce users' rights. Furthermore, users' data is usually processed within social networks for market research and advertising purposes.

17 Use of Instagram
This website includes functions of the Instagram service. These functions are offered by Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

If the social media element is active, a direct connection is established between your device and the Instagram server. Instagram thus receives information about your visit to this website. If you are logged into your Instagram account, you can link the content of this website to your Instagram profile by clicking on the Instagram button. This allows Instagram to assign the visit to this website to your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the data transmitted or its use by Instagram. If consent has been obtained, the use of the above-mentioned service is based on Art. 6 Para. 1 lit. a GDPR and Section 25 TDDDG. Consent can be revoked at any time. If no consent has been obtained, the use of the service is based on our legitimate interest in accordance with Art. 6 Para. 1 lit. f GDPR in the most comprehensive possible visibility in social media.

To the extent that personal data is collected on our website using the tool described here and forwarded to Facebook or Instagram, there is joint responsibility in accordance with Art. 26 GDPR. Joint responsibility is limited exclusively to the collection of data and its forwarding to Facebook or Instagram. The processing carried out by Facebook or Instagram after forwarding is not part of the joint responsibility. The obligations incumbent upon us jointly have been recorded in an agreement on joint processing.
You can access the agreement at:
https://de-de.facebook.com/legal/terms/page_controller_addendum

According to this agreement, we are responsible for providing data protection information when using the Facebook or Instagram tool and for the data protection-safe implementation of the tool on our website. Facebook is responsible for the data security of Facebook or Instagram products. You can assert data subject rights (e.g. requests for information) with regard to the data processed by Facebook or Instagram directly with Facebook. If you assert the data subject rights with us, we are obliged to forward them to Facebook.
Further information on this can be found in Instagram's privacy policy:
https://instagram.com/about/legal/privacy/

We would like to point out that user data may be processed outside the European Union. This may result in risks for users because, for example, it could make it more difficult to enforce users' rights. Furthermore, user data within social networks is usually processed for market research and advertising purposes.

18 Use of YouTube
This website uses a link to YouTube from Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. When embedding, we use the "Extended Data Protection Mode" so that usage information is only transmitted when the video is started. In this case, it is transmitted which specific page of our website you visit and which video is watched. If you are logged into your YouTube account, you allow YouTube to assign your page accesses directly to your personal profile.

If you want to be sure that no data about you is stored on YouTube, do not click on the embedded videos. YouTube is used in the interest of an appealing presentation of our online offers. This represents a legitimate interest within the meaning of Art. 6 Para. 1 lit. f GDPR. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 Para. 1 lit. a GDPR and Section 25 Para. 1 TDDDG, insofar as the consent includes the storage of cookies or access to information in the user's terminal device within the meaning of the TDDDG. The consent can be revoked at any time.

The data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here:
https://privacy.google.com/businesses/gdprcontrollerterms/
and
https://privacy.google.com/businesses/gdprcontrollerterms/sccs/

Further information on how user data is handled can be found in Google's privacy policy at:
https://policies.google.com/privacy?hl=de

19 Right to information / right of withdrawal; other rights of data subjects
You have the right:
• to request information about your personal data processed by us in accordance with Art. 15 GDPR. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the origin of your data if it was not collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information on its details;

• to request the immediate rectification of incorrect or completion of your personal data stored by us in accordance with Art. 16 GDPR;

• pursuant to Art. 17 GDPR, to request the deletion of your personal data stored by us, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;

• pursuant to Art. 18 GDPR, to request the restriction of the processing of your personal data, if you dispute the accuracy of the data, the processing is unlawful but you refuse to delete it and we no longer need the data, but you need it to assert, exercise or defend legal claims or you have objected to the processing in accordance with Art. 21 GDPR;

• pursuant to Art. 20 GDPR, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transmitted to another responsible party;

• pursuant to Art. 7 Para. 3 GDPR, to revoke your consent to us at any time. This means that we may no longer continue the data processing based on this consent in the future and

• to complain to a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence or place of work or our company headquarters.

• Right to object to data collection in special cases and to direct advertising (Art. 21 GDPR):

If the data processing is carried out on the basis of Art. 6 Para. 1 lit. e or f GDPR, you have the right to object to the processing of your personal data at any time for reasons arising from your particular situation; this also applies to profiling based on this provision. The respective legal basis on which processing is based can be found in this data protection declaration. If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms or the processing serves to assert, exercise or defend legal claims (objection pursuant to Art. 21 Para. 1 GDPR).

If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purposes of such advertising; this also applies to profiling insofar as it is associated with such direct marketing. If you object, your personal data will subsequently no longer be used for direct marketing purposes (objection pursuant to Art. 21 Para. 2 GDPR).

You are of course entitled to these rights free of charge. To revoke your consent to the use of data, to request information or correction, blocking or deletion or to exercise other rights of the data subject, please contact:
better by MOSEL GmbH
Klausener Weg 29
54516 Wittlich
Phone: +49 6541 1788685
Email: explore@better-by-mosel.de

We would like to point out that the easiest way to assert your rights as a data subject in connection with your social media usage is to contact the social media companies, where you can make further settings to protect your privacy with the social media companies.

20 Responsible supervisory authority
You can contact the supervisory authority responsible for complaints within the meaning of Art. 77 GDPR using the following contact details:
The State Commissioner for Data Protection and Freedom of Information
P.O. Box 30 40
55020 Mainz
Phone: +49 6131 8920-0
Fax: +49 6131 8920-299
Email: poststelle@datenschutz.rlp.de

21 Security, questions and suggestions
Security also depends on your system. You should always treat your access information confidentially, never allow passwords to be saved by the web browser, and close the browser window when you finish visiting our website. This will make it more difficult for third parties to access your personal data.

Use an operating system that can manage user rights. Set up multiple users on your system, even in the family, and never use the Internet with administrator rights. Use security software such as virus scanners and firewalls and keep your system up to date at all times.