Data protection
1. Privacy at a Glance
General Information
The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data by which you can be personally identified. Detailed information on data protection can be found in the privacy policy set out below.
Data Collection on This Website
Who is responsible for data collection on this website?
Data processing on this website is carried out by the website operator. The operator’s contact details can be found in the section “Information on the Responsible Party” in this privacy policy.
How do we collect your data?
Some of your data is collected when you provide it to us. This may, for example, be data that you enter into a contact form.
Other data is collected automatically or after your consent when you visit the website by our IT systems. This mainly includes technical data, such as your internet browser, operating system or the time at which the page was accessed. This data is collected automatically as soon as you enter this website.
What do we use your data for?
Some of the data is collected to ensure that the website is provided without errors. Other data may be used to analyse your user behaviour. If contracts can be concluded or initiated via the website, the transmitted data will also be processed for contractual offers, orders or other order enquiries.
What rights do you have regarding your data?
You have the right at any time to receive information free of charge about the origin, recipients and purpose of your stored personal data. You also have the right to request the correction or deletion of this data. If you have given consent to data processing, you may withdraw this consent at any time with effect for the future. You also have the right, under certain circumstances, to request the restriction of the processing of your personal data. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.
You may contact us at any time regarding this or any other questions relating to data protection.
2. Hosting
We host the content of our website with the following provider:
WIX
The provider is Wix.com Ltd., 40 Namal Tel Aviv St., Tel Aviv 6350671, Israel, hereinafter referred to as “WIX”.
WIX is a tool for creating and hosting websites. When you visit our website, WIX analyses user behaviour, visitor sources, the region of website visitors and visitor numbers. WIX stores cookies in your browser that are necessary for displaying the website and ensuring security (necessary cookies).
The data collected via WIX may be stored on various servers worldwide. WIX servers are located, among other places, in the USA.
For details, please refer to WIX’s privacy policy:
https://de.wix.com/about/privacy.
According to WIX, data transfer to the USA and other third countries is based on the standard contractual clauses of the European Commission or comparable safeguards pursuant to Art. 46 GDPR. Details can be found here:
https://de.wix.com/about/privacy-dpa-users.
The use of WIX is based on Art. 6 (1) lit. f GDPR. We have a legitimate interest in presenting our website as reliably as possible. If corresponding consent has been requested, processing is carried out exclusively on the basis of Art. 6 (1) lit. a GDPR and Section 25 (1) TDDDG, insofar as the consent includes the storage of cookies or access to information on the user’s device, such as device fingerprinting, within the meaning of the TDDDG. Consent may be withdrawn at any time.
The company is certified under the EU-US Data Privacy Framework (DPF). The DPF is an agreement between the European Union and the USA intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information can be obtained from the provider at the following link:
https://www.dataprivacyframework.gov/participant/5626.
Data Processing Agreement
We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract required under data protection law which ensures that the provider processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.
3. General Information and Mandatory Information
Data Protection
The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with statutory data protection regulations and this privacy policy.
When you use this website, various personal data is collected. Personal data is data by which you can be personally identified. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.
Please note that data transmission on the internet, for example when communicating by email, may have security gaps. Complete protection of data against access by third parties is not possible.
Information on the Responsible Party
The responsible party for data processing on this website is:
Botanic Restaurant
Cala Agulla 103
Islas Baleares
07590 Cala Ratjada
Represented by:
Renzo Banchero Viutti
Walter Ruiz Ayala
Javier Chapela Laurenti
Email: info@botanicrestaurant.com
The responsible party is the natural or legal person who, alone or jointly with others, determines the purposes and means of processing personal data, such as names, email addresses or similar data.
Storage Period
Unless a more specific storage period is stated within this privacy policy, your personal data will remain with us until the purpose for data processing no longer applies. If you assert a legitimate request for deletion or withdraw your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data, such as tax or commercial law retention periods. In the latter case, deletion will take place once these reasons no longer apply.
General Information on the Legal Bases for Data Processing on This Website
If you have consented to data processing, we process your personal data on the basis of Art. 6 (1) lit. a GDPR or Art. 9 (2) lit. a GDPR, provided that special categories of data pursuant to Art. 9 (1) GDPR are processed. In the event of explicit consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Art. 49 (1) lit. a GDPR. If you have consented to the storage of cookies or access to information on your device, for example via device fingerprinting, data processing is also carried out on the basis of Section 25 (1) TDDDG. Consent may be withdrawn at any time. If your data is required for the performance of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6 (1) lit. b GDPR. Furthermore, we process your data if this is necessary to fulfil a legal obligation on the basis of Art. 6 (1) lit. c GDPR. Data processing may also be carried out on the basis of our legitimate interest pursuant to Art. 6 (1) lit. f GDPR. The respective legal bases applicable in each individual case are explained in the following sections of this privacy policy.
Recipients of Personal Data
As part of our business activities, we work with various external parties. In some cases, it is also necessary to transfer personal data to these external parties. We only disclose personal data to external parties if this is necessary for the performance of a contract, if we are legally obliged to do so, for example disclosure of data to tax authorities, if we have a legitimate interest pursuant to Art. 6 (1) lit. f GDPR in the disclosure, or if another legal basis permits the data transfer. When using processors, we disclose personal data of our customers only on the basis of a valid data processing agreement. In the case of joint processing, an agreement on joint processing is concluded.
Withdrawal of Your Consent to Data Processing
Many data processing operations are only possible with your express consent. You may withdraw consent that has already been given at any time. The lawfulness of data processing carried out before the withdrawal remains unaffected by the withdrawal.
Right to Object to Data Collection in Special Cases and to Direct Advertising (Art. 21 GDPR)
IF DATA PROCESSING IS CARRIED OUT ON THE BASIS OF ART. 6 (1) LIT. E OR F GDPR, YOU HAVE THE RIGHT AT ANY TIME, FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21 (1) GDPR).
IF YOUR PERSONAL DATA IS PROCESSED FOR THE PURPOSE OF DIRECT ADVERTISING, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING; THIS ALSO APPLIES TO PROFILING INSOFAR AS IT IS RELATED TO SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT ADVERTISING (OBJECTION PURSUANT TO ART. 21 (2) GDPR).
Right to Lodge a Complaint with the Competent Supervisory Authority
In the event of infringements of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged infringement. The right to lodge a complaint exists without prejudice to other administrative or judicial remedies.
Right to Data Portability
You have the right to have data that we process automatically on the basis of your consent or in fulfilment of a contract handed over to you or to a third party in a commonly used, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.
Information, Correction and Deletion
Within the framework of the applicable statutory provisions, you have the right at any time to obtain information free of charge about your stored personal data, its origin and recipients and the purpose of data processing, and, where applicable, a right to correction or deletion of this data. You may contact us at any time regarding this or any other questions relating to personal data.
Right to Restriction of Processing
You have the right to request the restriction of the processing of your personal data. You may contact us at any time for this purpose. The right to restriction of processing exists in the following cases:
If you dispute the accuracy of your personal data stored by us, we generally need time to verify this. For the duration of the verification, you have the right to request the restriction of the processing of your personal data.
If the processing of your personal data was or is unlawful, you may request the restriction of data processing instead of deletion.
If we no longer need your personal data, but you require it for the exercise, defence or assertion of legal claims, you have the right to request restriction of the processing of your personal data instead of deletion.
If you have lodged an objection pursuant to Art. 21 (1) GDPR, a balance must be struck between your interests and ours. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.
If you have restricted the processing of your personal data, this data may, apart from being stored, only be processed with your consent or for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person, or for reasons of important public interest of the European Union or of a Member State.
SSL or TLS Encryption
For security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the website operator, this website uses SSL or TLS encryption. You can recognise an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.
If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
4. Data Collection on This Website
Cookies
Our websites use so-called “cookies”. Cookies are small data packets and do not cause any damage to your device. They are stored on your device either temporarily for the duration of a session (session cookies) or permanently (permanent cookies). Session cookies are automatically deleted after the end of your visit. Permanent cookies remain stored on your device until you delete them yourself or until they are automatically deleted by your web browser.
Cookies may come from us (first-party cookies) or from third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services provided by third-party companies within websites, such as cookies for processing payment services.
Cookies have various functions. Many cookies are technically necessary because certain website functions would not work without them, such as the shopping cart function or the display of videos. Other cookies may be used to evaluate user behaviour or for advertising purposes.
Cookies that are required to carry out the electronic communication process, to provide certain functions requested by you, such as the shopping cart function, or to optimise the website, such as cookies for measuring web audiences, are stored on the basis of Art. 6 (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 optimised provision of its services. If consent to the storage of cookies and comparable recognition technologies has been requested, processing is carried out exclusively on the basis of this consent (Art. 6 (1) lit. a GDPR and Section 25 (1) TDDDG); consent may be withdrawn at any time.
You can configure 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 disabled, the functionality of this website may be limited.
If additional cookies and services are used on this website, this can be found in this privacy policy.
Contact Form
If you send us enquiries via the contact form, your details from the enquiry form, including the contact details you provide there, will be stored by us for the purpose of processing the enquiry and in case of follow-up questions. We do not pass on this data without your consent.
This data is processed on the basis of Art. 6 (1) lit. b GDPR, provided that your enquiry is related to the fulfilment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, processing is based on our legitimate interest in effectively processing enquiries addressed to us (Art. 6 (1) lit. f GDPR) or on your consent (Art. 6 (1) lit. a GDPR), if this has been requested; consent may be withdrawn at any time.
The data you enter in the contact form will remain with us until you request its deletion, withdraw your consent to storage or the purpose for data storage no longer applies, for example after your enquiry has been fully processed. Mandatory statutory provisions, in particular retention periods, remain unaffected.
Enquiries by Email, Telephone or Fax
If you contact us by email, telephone or fax, your enquiry, including all personal data resulting from it, such as name and enquiry, will be stored and processed by us for the purpose of handling your request. We do not pass on this data without your consent.
This data is processed on the basis of Art. 6 (1) lit. b GDPR, provided that your enquiry is related to the fulfilment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, processing is based on our legitimate interest in effectively processing enquiries addressed to us (Art. 6 (1) lit. f GDPR) or on your consent (Art. 6 (1) lit. a GDPR), if this has been requested; consent may be withdrawn at any time.
The data sent to us via contact enquiries will remain with us until you request its deletion, withdraw your consent to storage or the purpose for data storage no longer applies, for example after your request has been fully processed. Mandatory statutory provisions, in particular statutory retention periods, remain unaffected.
5. Social Media
Instagram
Functions of the Instagram service are integrated on this website. These functions are offered by Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland.
If the social media element is active, a direct connection is established between your device and the Instagram server. Instagram thereby 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 the Instagram button. This allows Instagram to associate your visit to this website with your user account. Please note that, as the provider of the website, we have no knowledge of the content of the transmitted data or its use by Instagram.
The use of this service is based on your consent pursuant to Art. 6 (1) lit. a GDPR and Section 25 (1) TDDDG. Consent may be withdrawn at any time.
Insofar as personal data is collected on our website using the tool described here and forwarded to Facebook or Instagram, we and Meta Platforms Ireland Limited, Merrion Road Dublin 4, Dublin, D04 X2K5, Ireland, are jointly responsible for this data processing (Art. 26 GDPR). Joint responsibility is limited exclusively to the collection of the data and its transfer to Facebook or Instagram. The processing carried out by Facebook or Instagram after the transfer is not part of the joint responsibility. Our joint obligations have been set out in an agreement on joint processing. The wording of the agreement can be found at:
https://www.facebook.com/legal/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-compliant implementation of the tool on our website. Facebook is responsible for the data security of Facebook and Instagram products. Data subject rights, such as requests for information, regarding data processed by Facebook or Instagram can be asserted directly with Facebook. If you assert data subject rights with us, we are obliged to forward them to Facebook.
Data transfer to the USA is based on the standard contractual clauses of the European Commission. Details can be found here:
https://www.facebook.com/legal/EU_data_transfer_addendum,
https://privacycenter.instagram.com/policy/ and
https://de-de.facebook.com/help/566994660333381.
Further information can be found in Instagram’s privacy policy:
https://privacycenter.instagram.com/policy/.
The company is certified under the EU-US Data Privacy Framework (DPF). The DPF is an agreement between the European Union and the USA intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information can be obtained from the provider at the following link:
https://www.dataprivacyframework.gov/participant/4452.
6. Plugins and Tools
YouTube
This website embeds videos from the YouTube website. The operator of the website is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.
When you visit one of our webpages on which YouTube is embedded, a connection to YouTube’s servers is established. The YouTube server is informed which of our pages you have visited.
In addition, YouTube may store various cookies on your device or use comparable recognition technologies, such as device fingerprinting. In this way, YouTube can obtain information about visitors to this website. This information is used, among other things, to collect video statistics, improve user-friendliness and prevent attempted fraud. The collected data is also processed in the Google advertising network.
If you are logged into your YouTube account, you allow YouTube to directly associate your browsing behaviour with your personal profile. You can prevent this by logging out of your YouTube account.
The use of YouTube is in the interest of presenting our online offerings in an appealing manner. This constitutes a legitimate interest within the meaning of Art. 6 (1) lit. f GDPR. If corresponding consent has been requested, processing is carried out exclusively on the basis of Art. 6 (1) lit. a GDPR and Section 25 (1) TDDDG, insofar as the consent includes the storage of cookies or access to information on the user’s device, such as device fingerprinting, within the meaning of the TDDDG. Consent may be withdrawn at any time.
Further information on the handling of user data can be found in YouTube’s privacy policy at:
https://policies.google.com/privacy?hl=de.
The company is certified under the EU-US Data Privacy Framework (DPF). The DPF is an agreement between the European Union and the USA intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified under the DPF undertakes to comply with these data protection standards. Further information can be obtained from the provider at the following link:
https://www.dataprivacyframework.gov/participant/5780.
Source:
https://www.e-recht24.de