Datenschutz und Allgemeine Geschäftsbedingungen

We are pleased that you are visiting our website and thank you for your interest in our restaurant. The handling of our guests’, customers’ and interested parties’ data is a matter of trust for us. The trust placed in us is of great importance, and with it comes the responsibility and obligation to handle your data carefully and to protect it against misuse and unauthorized access.

So that you can feel safe and comfortable when visiting our website, we take the protection of your personal data and its confidential treatment very seriously. We therefore act in accordance with the applicable legal provisions on the protection of personal data and data security. With the following privacy information, we would like to inform you about when we store which data and how we use it – naturally in compliance with the applicable legal framework.

ARCOTEL Nike complies in particular with the EU General Data Protection Regulation as well as the current national data protection laws. When using the internet, we rely on the Austrian Telecommunications Act (TKG) to protect your personal data. Below, we explain which information we collect during your visit to our website and how it is used.

Name and Address of the Controller

The controller within the meaning of the GDPR and other national data protection laws of the member states as well as other data protection regulations is:

Uferei Café Restaurant Bar
Hotel Nike GmbH, Untere Donaulände 9, A-4020 Linz, Austria
Tel.: +43 732 76 26-1276
Email: [email protected]

Name and Address of the Data Protection Officer

The data protection officer of the controller is:

Mr. Andreas Thurmann
DataSolution LUD GmbH, Isarstr. 13, D-14974 Ludwigsfelde, Germany
Tel.: +49 (0) 3378 202513
Email: [email protected]

General Information on Data Processing

Scope of the Processing of Personal Data

We generally collect and use our users’ personal data only to the extent necessary to provide a functional website as well as our content and services. The collection and use of our users’ personal data usually takes place only with the user’s consent.

An exception applies in cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by statutory provisions.

Legal Basis for the Processing of Personal Data

Insofar as we obtain the consent of the data subject for processing operations involving personal data, Art. 6 para. 1 lit. a; 7 GDPR serves as the legal basis. When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations required to carry out pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfill legal obligations to which our hotels are subject (e.g. national registration laws), Art. 6 para. 1 lit. c GDPR serves as the legal basis. If the processing is necessary to safeguard a legitimate interest of our hotel group or a third party and the interests, fundamental rights and freedoms of the data subject do not override the former interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.

Data Deletion and Storage Duration

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Storage may also take place if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject.

Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.

Contact Form / Email Contact

Description and Scope of Data Processing

Our website provides a contact option that can be used for electronic contact. If you make use of this option, you can contact the respective contact person via the email addresses provided. In this case, the user’s personal data transmitted with the email will be stored in the email system.

Alternatively, you have the option of sending us your inquiry via the contact form. This data includes: salutation, first and last name, email address, telephone number, number of persons, date and time, as well as comments.

No data is passed on to third parties.

Legal Basis for Data Processing

The legal basis for processing the data is initially our legitimate interest in data processing within the scope of contact initiated by the inquiring party. If the contact aims at concluding a contract, the additional legal basis for processing is a pre-contractual relationship.

Purpose of Data Processing

The processing of personal data from the input form or from an email serves us solely for handling the contact request.

The other personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.

Duration of Storage

The data will be deleted as soon as it is no longer required for the purpose for which it was collected. This is the case once you have stayed with us.

For personal data sent by email, this is the case when the respective conversation with the user has ended. The conversation is considered ended when the circumstances indicate that the matter in question has been conclusively resolved.

Right to Object and Removal Option

You have the option at any time to object to the processing of your data. For this purpose, we have set up the email address [email protected]. Please note that in the event of an objection, the conversation cannot be continued and/or we cannot make a reservation.

Online Orders via the Website

Description and Scope of Data Processing

Our website offers the possibility to place orders for menus. If you make use of this option, the data entered in the input form will be transmitted to us and stored. This data includes: first name, last name, email address, telephone number, order details, day and time of collection, payment data (cash or credit card).

If you place an online order via our website, this is done, among other things, through the online ordering system Wix Restaurants of Wix.com Inc., 40 Nemal Tel Aviv St., Tel Aviv, Israel. All booking data entered by you is transmitted in encrypted form.

The data is used exclusively for processing the order and for communication.

Legal Basis for Data Processing

The legal basis for processing the data is the conclusion of a contract.

Purpose of Data Processing

The processing of personal data from the input form serves solely to process the order and handle payment transactions.

Duration of Storage

The data will be deleted or anonymized as soon as it is no longer required for the purpose for which it was collected. In the case of a contractual relationship, we will delete the data received as soon as national, commercial, statutory or contractual retention requirements have been fulfilled.

Right to Object and Removal Option

You have the option at any time to object to the processing of your data. For this purpose, we have set up the email address [email protected]. Please note that in the event of an objection, the booking cannot be completed and/or the conversation cannot be continued.

Newsletter Service

Description and Scope of Data Processing

Our website offers the option to subscribe to our newsletter service in various ways. If you make use of this option, the data entered in the input form will be transmitted to us and stored. This data includes: email address and voluntary information such as salutation, first name, last name, language, desired destination or topics.

If you subscribe to our newsletter via our website, the data will be stored in our newsletter tool of Revinate Inc., 1 Letterman Drive Building C, Suite CM 100, San Francisco, California 94129, USA. Revinate has committed itself to handling your transmitted data in a data protection-compliant manner. It takes all organizational and technical measures to protect your data. Further information on data protection can be found on its website.

If we receive an email address in another way where the recipient clearly states that they wish to receive our newsletter, we will record their data via the input form on our website or also transfer it to the Revinate platform (see also “Sending Emails Before Arrival”).

Legal Basis for Data Processing

The legal basis for processing the data is the existence of the recipient’s consent. This is ensured by means of a double opt-in procedure.

Purpose of Data Processing

The processing of personal data serves solely to send individualized newsletters.

Duration of Storage

The data will be deleted or, if necessary, blocked as soon as the newsletter service is unsubscribed from.

Right to Object and Removal Option

As a newsletter recipient, you have the option at any time to object to the processing of your data. With every newsletter, you can unsubscribe from the newsletter service at any time via a link. In addition, we have set up the email address [email protected]. Please let us know the relevant email address there.

Provision of the Website and Creation of Log Files

Description and Scope of Data Processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer. The following data is collected:

• Information about the browser type and version used
• The user’s operating system
• The user’s IP address
• Date and time of access
• Websites from which the user’s system reaches our website
• Websites accessed by the user’s system via our website

The data is also stored in the log files of our system. This data is not stored together with other personal data of the user. Personal user profiles cannot be created. The stored data is evaluated only for statistical purposes.

Legal Basis for Data Processing

The legal basis for the temporary storage of the data and the log files is our legitimate interest in data processing for the stated purpose.

Purpose of Data Processing

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.

Storage in log files takes place to ensure the functionality of the website. In addition, the data serves to optimize the website and to ensure the security of our information technology systems. In this context, the data is not evaluated for marketing purposes.

Duration of Storage

The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of data collection for providing the website, this is the case when the respective session ends.

In the case of data storage in log files, this is the case after seven days at the latest. Storage beyond this period is possible insofar as we are obliged to do so by law. In this case, the users’ IP addresses are deleted or altered so that the calling client can no longer be assigned.

Right to Object and Removal Option

The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, the user has no possibility to object.

Use of Cookies and Scripts

Description and Scope of Data Processing

Cookies are small files that enable us to store specific information related to you, the user, on your PC while you visit one of our websites. Cookies help us determine the frequency of use and the number of users of our web pages and to make our services as convenient and efficient as possible for you.

Depending on the type of script, DOS and Visual Basic scripts (VB) can support processes under Windows, Apple Scripts can automate tasks on Macintosh computers, scripts under Active Server Pages (ASP) or JavaScript can be used to generate dynamic web pages, and Unix scripts record all inputs and outputs of a terminal.

Further information can be found in our Cookie Policy.

We use cookies on our website that enable an analysis of users’ browsing behavior. In this way, the following data may be transmitted: entered search terms, frequency of page views, use of website functions. The user data collected in this way is pseudonymized by technical precautions. Therefore, it is no longer possible to assign the data to the accessing user.

The data is not stored together with other personal data of the users. When accessing our websites, the user is informed about the use of cookies for analysis purposes and their consent to the processing of the personal data used in this context is obtained. In this context, reference is also made to this privacy policy.

Legal Basis for Data Processing

The legal basis for the use of technically necessary cookies is our legitimate interest in the proper operation of our website.

The legal basis for the processing of personal data using cookies for analysis purposes is the user’s consent, where such consent has been given.

Purpose of Data Processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these functions, it is necessary that the browser is recognized again after a page change. The user data collected by technically necessary cookies is not used to create user profiles.

The use of analysis cookies serves the purpose of improving the quality of our website and its content. Through analysis cookies, we learn how the website is used and can thus continuously optimize our offering.

Duration of Storage, Right to Object and Removal Option

Cookies are stored on the user’s computer and transmitted from there to our site. Therefore, as a user, you also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically.

If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.

Use of a Cookie Banner

Our website uses the consent manager of Cybot A/S, Havnegade 39, 1058 Copenhagen (hereinafter: cookiebot.com). We use this service both to ensure the full functionality of our website and to ensure the data protection-compliant use of marketing and tracking tools on our website. In this context, your browser may transmit personal data to cookiebot.com.

The legal basis for data processing is Art. 6 para. 1 lit. f GDPR. The legitimate interest lies in the error-free function of the website. The data is deleted as soon as the purpose of its collection has been fulfilled. Further information on the handling of transmitted data can be found in the privacy policy of cookiebot.com.

You can prevent the collection and processing of your data by cookiebot.com by disabling the execution of script code in your browser or by installing a script blocker in your browser.

The following information is stored in our Cookiebot account:

• The user’s IP address in anonymized form (the last three digits are set to “0”).
• Date and time of consent.
• The user’s browser.
• The URL from which the consent was sent.
• An anonymous, random and encrypted key value.
• The user’s consent status, which serves as proof of consent.

The key and consent status are also stored in the user’s browser in the “CookieConsent” cookie so that the website can automatically read and respect the user’s consent for all subsequent page requests and future user sessions for up to 12 months. You have the option at any time to view and change your level of consent. You can find this further down on this page.

According to the law, we may store cookies on your device if they are strictly necessary for the operation of this site. For all other cookie types, we need your permission. This site uses different types of cookies. Some cookies are placed by third parties that appear on our pages. You can change or withdraw your consent at any time in the Cookie Declaration on our website.

Change your consent here | Withdraw your consent

Script Blockers in Your Browser

It is also possible to use our services without cookies and scripts. You can deactivate the storage of cookies and scripts in your browser, restrict them to certain websites, or configure your browser to notify you as soon as a cookie is sent. You can also delete cookies from your computer’s hard drive at any time.

To block scripts, you can install browser add-ons. NoScript for Firefox and ScriptSafe for Google Chrome are examples of such browser extensions. They not only block all kinds of JavaScript, but also selected trackers, Java, Flash and other plugins on websites.

If you are concerned about third-party cookies, you can reject only those and still keep the cookies that allow our website to function properly.

You can reject cookies in each of the main browsers as follows:

• Mozilla Firefox
• Google Chrome
• Internet Explorer
• Safari

Please note, however, that in these cases you may have to expect a restricted display of the site and limited user guidance.

Use of Analysis Tools

Use of Google Analytics, Google Conversion Tracking and Google Remarketing

Our website uses Google Analytics, Google Conversion Tracking and Google Remarketing. These are services provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (“Google”).

This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses cookies and scripts that are stored on users’ computers and enable an analysis of the use of the website by them. The information generated by the cookie about users’ use of this website is generally transmitted to and stored on a Google server in the USA.

If IP anonymization is activated on this website, users’ IP addresses will, however, be shortened by Google beforehand within member states of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.

IP anonymization is active on this website. On behalf of the operator of this website, Google will use this information to evaluate users’ use of the website, to compile reports on website activity and to provide the website operator with other services related to website and internet use.

The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

Users can prevent the storage of cookies by adjusting their browser software accordingly; however, this website informs users that in this case they may not be able to use all functions of this website to their full extent. Users can also prevent the collection by Google of the data generated by the cookie and relating to their use of the website (including their IP address), as well as the processing of this data by Google, by downloading and installing the browser plug-in available for this purpose.

Google Tag Manager

This website uses Google Tag Manager to implement the above-mentioned cookies. Google Tag Manager is a solution with which marketers can manage website tags via an interface. The tool itself (which implements the tags) is a cookie-free domain and does not collect any personal data. The tool triggers other tags, which in turn may collect data. Google Tag Manager does not access this data.

If deactivation has been made at the domain or cookie level, it remains in effect for all tracking tags implemented with Google Tag Manager.

Use of Social Media Plugins

The use of social media plugins serves the interest of an appealing presentation and expansion of our online offers. This constitutes a legitimate interest.

Use of Facebook

Plugins of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA, are integrated on our pages. You can recognize the plugins by the logo on our site.

We have no influence on the data collection and further processing by Facebook. Furthermore, it is not apparent to us to what extent, at which location and for what duration the data is stored, to what extent Facebook complies with existing deletion obligations, which evaluations and links are made with the data, and to whom the data is passed on.

If you wish to avoid Facebook processing personal data transmitted by you to us, please contact us by other means.

Further information can be found in Facebook’s privacy policy. If you do not want Facebook to associate your visit to our pages with your user account, please log out of your respective user account.

Facebook Fan Page

On our Facebook fan page, we use plugins from Facebook.com, provided by Facebook Inc., 1601 S. California Avenue, Palo Alto, CA 94304, USA.

By using the fan page, data is forwarded to Facebook servers containing information about your visits to our fan page. For logged-in users, this means that usage data is assigned to their personal Facebook account. As soon as you actively use the Facebook plugin as a logged-in Facebook user, for example by clicking the “Facebook” logo or using the comment function, this data is transferred to your Facebook account and published. You can avoid this only by logging out of your Facebook account beforehand.

We do not know exactly which data Facebook stores and uses. Therefore, as a user of the fan page, you must expect that Facebook may store your actions on the fan page without gaps.

In all other respects, the General Terms of Use of Facebook Ireland Limited, Hanover Reach, 5-7 Hanover Quay, Dublin 2, Ireland apply.

The legal basis for this data processing is Art. 6 para. 1 lit. a, f) GDPR.

Every person depicted as well as other third parties have the option at any time to object to the publication of their personal data (photos). For this purpose, we have set up the email address [email protected]. The right to object applies in particular to the future publication of images.

It may always happen that we inadvertently publish images of persons for whom no consent has been obtained. If a publication is not desired, we will immediately do everything necessary to comply with your rights. In the case of group photos, we reserve the right to distort faces.

Use of Instagram

This website uses the “Instagram Button”. When accessing our website, your browser establishes a connection to the servers of the social network Instagram, offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA 94025, USA.

When you visit our pages, the plugin creates a direct connection between your browser and the Instagram server. Instagram thereby receives the information that you have visited our site with your IP address. If you click the Instagram button while logged into your Instagram account, you can link the content of our pages to your Instagram profile. This allows Instagram to associate the visit to our pages with your user account.

We point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Instagram.

No data is transmitted from our website to Instagram simply by visiting our website.

Further information can be found in Instagram’s privacy policy.

Use of Google Maps

Description and Scope of Data Processing

This website uses Google Maps API, a map service provided by Google Inc. (“Google”), to display an interactive map and create directions. Google Maps is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

By using Google Maps, information about your use of this website (including your IP address) may be transmitted to a Google server in the USA and stored there. Google may transfer the information obtained through Maps to third parties if this is required by law or if third parties process this data on behalf of Google.

Google will under no circumstances associate your IP address with other Google data. Nevertheless, it is technically possible that Google could identify at least individual users on the basis of the data received. It would be possible for personal data and personality profiles of website users to be processed by Google for other purposes over which we have no influence and cannot have any influence.

Legal Basis for Data Processing

The legal basis for the use of Google Maps is our legitimate interest in data processing.

Purpose of Data Processing

The purpose of using Google Maps is to show the user our location on the website and to give them the possibility to determine different routes using Google Maps services.

Duration of Storage, Right to Object and Removal Option

You have the option to deactivate the Google Maps service and thus prevent data transfer to Google by disabling JavaScript in your browser. Please note, however, that in this case you will not be able to use the map display on our website.

Use of Google Web Fonts

Description and Scope of Data Processing

This website uses so-called web fonts provided by Google for the uniform display of fonts. When you access a page, your browser loads the required web fonts into its browser cache in order to display texts and fonts correctly. For this purpose, the browser you use must connect to Google’s servers. As a result, Google becomes aware that our website was accessed via your IP address.

Legal Basis for Data Processing

The legal basis for the use of Google Web Fonts is our legitimate interest in data processing.

Purpose of Data Processing

The use of Google Web Fonts is in the interest of a uniform and appealing presentation of our online offers. If your browser does not support web fonts, a standard font from your computer will be used.

Duration of Storage, Right to Object and Removal Option

To avoid tracking based on installed fonts, you can, for example, disable the options “Allow pages to choose their own fonts” and the CSS Font Loading API in Firefox. In this case, websites will no longer be displayed in the format created by the operator.

Further information on Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy.

Protection of Minors

Our service is primarily intended for adults. We do not currently market any special areas for children. Accordingly, we neither knowingly collect information for age determination nor knowingly collect personal data from children under the age of 16. However, we advise all visitors to our website under the age of 16 not to disclose or provide any personal data through our service.

In the event that we determine that a child under the age of 16 has provided us with personal data, we will, in accordance with the Children’s Online Privacy Protection Act (see the website of the Federal Trade Commission at www.ftc.gov/kidzprivacy for further information on this law), delete the child’s personal data from our files, insofar as this is technically possible.

Your Rights That You Can Exercise Towards Us

If personal data concerning you is processed by us, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

• You have a right to information about the personal data stored about you, the purposes of processing, any transfers to other bodies and the duration of storage.
• If data is incorrect or no longer necessary for the purposes for which it was collected, you may request rectification, deletion or restriction of processing. Insofar as provided for in the processing procedures, you may also inspect your data yourself and, if necessary, correct it.
• If reasons arise from your particular personal situation against the processing of your personal data, you may object to such processing insofar as the processing is based on a legitimate interest.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defense of legal claims.

• If personal data concerning you is processed for the purpose of direct advertising, you have the right to object at any time to the processing of personal data concerning you for such advertising; this also applies to profiling insofar as it is related to such direct advertising.

If you object to processing for the purposes of direct advertising or profiling, the personal data concerning you will no longer be processed for these purposes.

You have the right to withdraw your consent under data protection law at any time via our email address [email protected]. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

If you have questions about your rights and how to exercise them, please contact the responsible body or our data protection officers.

Right to Lodge a Complaint with a Supervisory Authority

As a data subject, without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority for data protection, in particular in the member state of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of personal data concerning you infringes data protection law.

The supervisory authority with which the complaint has been lodged shall inform you of the status and outcome of the complaint, including the possibility of a judicial remedy.

More information can be found on the website of the Federal Data Protection Authority.

Please follow this link.

Security

ARCOTEL Nike uses technical and organizational security measures in accordance with Art. 32 GDPR to protect the data managed by us against accidental or intentional manipulation, loss, destruction or access by unauthorized persons. Our security measures are continuously improved in line with technological developments.

Access to this data is only possible for a limited number of authorized persons who are subject to special data protection obligations and who are involved in the technical, administrative or editorial management of data.

For security reasons and to protect the transmission of confidential content that you send to us as the site operator, our website uses SSL or TLS encryption. This means that data you transmit via this website cannot be read by third parties. You can recognize an encrypted connection by the “https://” address line of your browser and the lock symbol in the browser line.

As of | June 2020