The person responsible within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is Die Freizeitmacher GmbH, Hordtstr. 18, 42555 Velbert-Langenberg, represented by the managing director Pierre-Francois Marteau (hereinafter referred to as the “responsible party” or “we” or “us”).

A. General information on data processing

1) Personal data

Personal data is individual information about personal or factual circumstances of an identified or identifiable natural person. This includes information such as name, address, telephone number and e-mail address, but also the IP address that can be assigned to a connection. Information that is not directly associated with the identity of a person – such as favourite websites or the number of users of a site – is not personal data.

2) Scope of the processing of personal data

As a matter of principle, we collect and use personal data of our users and visitors only to the extent that this is necessary for the provision of a functional website and the provision of our services in the respective climbing parks. The collection and use of personal data of our users and visitors is regularly carried out only with the consent of the person concerned. An exception is made in cases where it is not possible to obtain prior consent for factual reasons and the processing of the data is permitted by law.

3) 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 EU General Data Protection Regulation (DSGVO) as the legal basis for the processing of personal data.

In the case of processing of personal data which is necessary for the performance of a contract to which the data subject is a party, Article 6(6) of the Data Protection Act shall apply. 1 lit. b DSGVO as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.

Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 Para. 1 lit. c DSGVO as the legal basis.

In the event that vital interests of the data subject or of another natural person require the processing of personal data, Article 6(6) provides for the possibility to exercise the right of access to personal data. 1 lit. d DSGVO as legal basis.

If the processing is necessary to protect a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, then Art. 6 para. 1 lit. f DSGVO as the legal basis for the processing.

4) Data deletion and storage period

The personal data of the data subject shall be deleted or blocked as soon as the purpose of the storage ceases to apply. In addition, data may be stored if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which we are subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the conclusion or performance of a contract.

B. Provision of our website and creation of log files

Every time you visit our website, an automated system collects data and information from us.

The following data is collected:

  • Information about the type of browser and the version used
  • The operating system of the user
  • The Internet service provider of the user
  • The IP address of the user
  • Date and time of access
  • Websites from which the user’s system accesses our website (referrer)
  • Web pages that are called up by the user’s system via our website

This data is stored in the log files of our system. This data is not stored together with other personal data of the user.

Legal basis for data processing

The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f DSGVO

Purpose of the 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.

The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimise the website and to ensure the security of our information technology systems.

These purposes are also our legitimate interest in data processing according to Art. 6 para. 1 lit. f GDPR.

retention period

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

In the case of storage of data in log files, this is the case after six weeks at the latest. Storage beyond this is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

Possibility of objection and removal

The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

C. Use of cookies

Our website uses “cookies” in several places. Cookies are small text files that are stored on your computer and saved by your browser. This makes it possible to store specific information related to you, the user, on your PC while you are visiting our website. Cookies help to determine the frequency of use and the number of users of a website, as well as to make the internet offer as comfortable and efficient as possible for you.

On the one hand, we use “session cookies”, which are only temporarily stored for the duration of your use of one of our Internet pages. “Session cookies” are automatically deleted at the end of your visit.

The following data is stored and transmitted in the “session cookies” in the process

-Log-In Information

-selected booking

 

Second, we use “persistent cookies” to retain information about visitors who repeatedly access one of our Web pages. The purpose of using these cookies is to provide you with an optimal user experience and to recognize you when you return to our website. The content of a permanent cookie is limited to an identification number. Name, IP address etc. are not stored. An individual profiling of your usage behaviour does not take place.

When calling up our website, the user is informed about the use of cookies for analysis purposes and his consent to the processing of personal data used in this context is obtained. This also includes a reference to this data protection declaration.

Legal basis for data processing

The legal basis for the processing of personal data using technically necessary cookies is Art. 6 Para. 1 lit. f GDPR.

The legal basis for the processing of personal data using cookies for analysis purposes is, if the user has given his consent in this regard, Art. 6 para. 1 lit. a GDPR.

Purpose of the 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 it is necessary that the browser is recognized even after a page change.
We require cookies for the following applications:
– for bookings
– for the order of vouchers
The user data collected through technically necessary cookies are not used to create user profiles.
The analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies we learn how the website is used and can thus constantly optimize our offer.
In these purposes also lies our legitimate interest in the processing of personal data according to Art. 6 para. 1 lit. f GDPR.

retention period

Cookies are stored on the user’s computer and transmitted to our site by the user. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transfer of cookies. Already stored cookies can be deleted at any time. This can also be automated. If cookies are deactivated for our website, it may no longer be possible to use all the functions of the website to their full extent.

Possibility of objection and removal

It is also possible to use our website without cookies. You can deactivate the storage of cookies in your browser, limit it to certain websites or set your browser to notify you as soon as a cookie is sent. Please note, however, that in this case you will have to reckon with a restricted display of the page and with a restricted user guidance. Among other things, bookings and the ordering of vouchers are then not possible.

D. Newsletter registration

If you subscribe to the newsletter offered by us, it is at least necessary to enter your e-mail address. The e-mail address is used by us exclusively for sending the newsletter and for occasional self-promotion. The data will not be passed on to third parties.

For the processing of data, your consent is obtained during the registration process and reference is made to this privacy policy.

The subscription to the newsletter can be cancelled at any time. Likewise, the consent to the storage of personal data can be revoked at any time. For this purpose, you will find a corresponding link in every newsletter.

Legal basis for data processing

The legal basis for the processing of data after registration for the newsletter is, in the case of consent, Art. 6 para. 1 lit. a GDPR.

Purpose of the data processing

The collection of the user’s e-mail address is used to deliver the newsletter.

retention period

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. This is generally the case if you have unsubscribed from the newsletter. However, we also store the unsubscribed e-mail addresses of the newsletter in order to be able to prove the unsubscription and to avoid sending the newsletter again.

Possibility of objection and removal

The subscription to the newsletter can be cancelled by the user concerned at any time. For this purpose, you will find a corresponding link in every newsletter.

This also allows you to revoke your consent to the storage of personal data collected during the registration process.

E. Registration at the climbing park / booking on the internet

In order to be able to climb by yourself, you need to register. This can be done either in advance by booking on our website or on site at one of our climbing parks.

In case of booking via internet we only need your name and e-mail address as well as your mobile phone number. You will receive a confirmation email after booking and a reminder one day before the booked date. The specification of the mobile phone number is only necessary in the case that we, for example, need to contact you. have to close the facility due to bad weather conditions. In this case we will notify you by phone or SMS.

Even if you book via our website, you must register as a participant on site. For this registration we need your full first and last name, your address and a way to contact you (phone or e-mail address). We need this data to be able to track which participants were in the climbing park and when, in the unlikely event of an accident or other incident. In addition, the registration serves as proof of instruction in the safety precautions of our parks.

Consent to the processing of this data will be obtained during the online and on-site registration process.

Legal basis for data processing

The legal basis for the processing of the data is, in the case of consent, Art. 6 para. 1 lit. a GDPR. Since the registration serves at the same time the fulfilment of a contract, of which you are a contracting party, additional legal basis for the processing of the data is Art. 6 para. 1 lit. b GDPR. In addition, there is a legitimate interest on our part in knowing which participants are in our parks, so that in addition also Art. 6 para. 1 lit. f DSGVO serves as the legal basis for the storage of the registration data.

Purpose of the data processing

The entry of contractual data when booking via the Internet is necessary for the performance of pre-contractual measures, in particular to keep the desired appointment free. When registering on site, we need to collect the data of the guests in order to know which guest is in which park.

retention period

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. This is the case for the data collected during the booking via the Internet when the booked date has expired. The data collected during on-site registration will be stored by us for a period of 10 years for tax and commercial law reasons and then deleted, unless longer storage is necessary for legal reasons, in particular to meet contractual or legal obligations.

Possibility of objection and removal

As a data subject, you have the possibility at any time to object to the storage of the data collected about you or to have the data stored about you amended. For this purpose please contact our office in Cologne.

F. Contact via e-mail or contact form

A contact form is integrated on our website, which can be used for electronic contact. Alternatively, it is possible to contact us via the e-mail address provided.

If you contact us via the contact form, your first and last name, your e-mail address and your telephone number will be transmitted to us in any case. In addition, the IP address of the user, the date and the time are stored.

If you contact us by e-mail, your e-mail address and your message will be transmitted to us and stored by us.

Legal basis for data processing

The legal basis for the processing of the data, if the user has given his consent, is Art. 6 para. 1 lit. a GDPR.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f GDPR. If an e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

Purpose of the data processing

The processing of personal data from the input mask of the contact form serves us solely to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data.

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

retention period

The data will be deleted after expiration of the commercial and tax retention obligations.

Possibility of objection and removal

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued. The revocation can be made by sending an e-mail or by contacting us by telephone or post.

All personal data stored in the course of contacting us will be deleted in this case.

G. Use of Google Analytics

Finally, our website uses functions of the web analysis service Google Analytics. The provider is Google Inc. 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Google Analytics uses so-called “cookies”. These are text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.

However, due to the activation of IP anonymization on this website, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a Google server in the USA and shortened there. The IP address transmitted by your browser within the framework of Google Analytics is not merged with other data from Google.

Legal basis for data processing

The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f GDPR.

Purpose of the data processing

On our behalf, Google will use the information collected to evaluate the use of our website, to compile reports on website activity and to provide us with other services relating to website activity and internet usage.

retention period

Personal data is deleted immediately after collection due to the activation of the anonymization tool.

Possibility of objection and removal

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

H. Use of the Facebook button

This site uses a module of the social network Facebook. Facebook is headquartered at 1601 South California Avenue, Palo Alto, CA 94304, USA. The module is a button that is marked with the logo “Facbook” or contains the so-called “Like-Button” (“Like”). An overview of the modules of Facebook and their design can be found here:

http://developers.facebook.com/docs/plugins/

When you visit this page, a direct connection is established between your computer and the Facebook server in the USA. Facebook thereby receives the information that you have visited our site. Facebook is also able to register your IP address in this context. If you have a Facebook account and are logged into it while clicking the “Like” button on our site, you are allowing a link from your personal Facebook account to our pages. A visitor to your Facebook account will now see that you have visited our page and recommend it to others. In such a case, Facebook also registers that you, as the owner of the Facebook account, have visited our site. In connection with the use of the Facebook button, we would like to point out that we have no knowledge of the content of the data transmitted to Facebook or its use by Facebook. For Facebook’s privacy information, please see Facebook’s privacy policy at http://de-de.facebook.com/policy.php.

Legal basis for data processing

The legal basis for the processing of the data by Facebook is the consent of the user pursuant to Art. 6 para. 1 lit. a DSGVO when registering as a Facebook member.

Purpose of the data processing

The processing of personal data when clicking on the Facebook button is solely for the purpose of the conversation with Facebook and the linking of your Like behaviour with your Facebook account.

retention period

The duration of the storage of data collected by Facebook is governed by Facebook’s privacy policy, which you can view here: http://de-de.facebook.com/policy.php.

Possibility of objection and removal

To prevent Facebook from associating your visit to this site with your Facebook account, please log out of Facebook before visiting our site.

If storage has already taken place, you have a right of objection and deletion in accordance with Facebook’s privacy policy at http://de-de.facebook.com/policy.php.

I. Other disclosure of data to third parties

In the unlikely event of an accident or incident occurring in one of our parks, we will only pass on the details of the participants concerned to the emergency services and the emergency services on site if this is necessary to provide initial care or to establish the facts of the case. The transfer of data is based on Art. 6 para. 1 lit. d GDPR.

We store your data in our booking system, which is operated by the company Xola Inc. is managed. Xola Inc. Is located at 995 Market Street, San Francisco, CA 94103, USA. In this context, we would like to point out that Xola Inc. may have access to our booking system if this is necessary for maintenance work. Xola Inc. has submitted to the Privacy Shield in this regard, which ensures that the EU level of data protection is also respected by Xola Inc. is adhered to. Further details can be found at https://www.xola.com/gdpr/.

Our customer service system is managed by Freshworks. Freshworks is based in San Francisco, but has a branch office at Alte Jakobstraße 85/86 in 10179 Berlin. Freshworks may gain access to our customer service systems when necessary for maintenance purposes. In this regard, Freshworks has submitted to the Privacy Shield, which ensures that the EU level of data protection is also respected by Freshworks. Further details can be found at https://www.freshworks.com/privacy/gdpr/.

Your data will not be passed on to third parties in any other way.

J. Rights of the data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis us (“the controller”):

1) Right to information

You can request confirmation as to whether personal data relating to you is being processed by us. If there is such processing, you can request information from us about the following:

  1. the purposes for which the personal data are processed;
  2. the categories of personal data which are processed;
  3. the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
  4. the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for the determination of the storage duration;
  5. the existence of a right to rectify or erase personal data concerning you, a right to restrict processing by us or a right to object to such processing;
  6. the existence of a right of appeal to a supervisory authority;
  7. any available information on the origin of the data, if the personal data are not collected from the data subject;

You also have the right to request information on whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. Article 46 of the GDPR in connection with the transfer.

2) Right of rectification

You have the right to rectification and/or completion if the personal data processed concerning you are inaccurate or incomplete. The correction is to be carried out by us immediately.

3) Right to erasure

3.1) You may request that we delete personal data relating to you without undue delay and we are obliged to delete such data without undue delay if one of the following reasons applies:

  1. The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
  2. You revoke your consent on which the processing according to. Article 6(2) 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing.
  3. They lay according to. Art. 21 para. 1 DS-GVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 1 DS-GVO. Art. 21 para. 2 DS-GVO to object to the processing.
  4. The personal data concerning you have been processed unlawfully.
  5. The deletion of the personal data concerning you is necessary to comply with a legal obligation under Union law or the law of the Federal Republic of Germany.
  6. The personal data concerning you have been processed in relation to information society services offered pursuant to Art. 8 para. 1 DS-GVO collected.

3.2) The right to erasure does not exist insofar as the processing is necessary

  1. to exercise the right to freedom of expression and information;
  2. for compliance with a legal obligation which requires processing under Union or Federal Republic of Germany law, or for the performance of a task carried out in the public interest;
  3. for reasons of public interest in the field of public health pursuant to Article 9(2). 2 lit. h and i and Art. 9 Ab. 3 GDPR;
  4. for archiving purposes in the public interest, for scientific or historical research purposes or for statistical purposes in accordance with the German Data Protection Act. Art. 89 para. 1 DS-GVO, insofar as that is provided for in para. 1 is likely to make impossible or seriously prejudice the achievement of the purposes of such processing; or
  5. for the assertion, exercise or defence of legal claims.

4) Right to restrict processing

You may request the restriction of the processing of personal data concerning you under the following conditions:

  1. if you dispute the accuracy of the personal data relating to you for a period of time that enables us to verify the accuracy of the personal data;
  2. the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
  3. we no longer need the personal data for the purposes of processing, but you need them for the assertion, exercise or defence of legal claims, or
  4. if you object to the processing pursuant to Art. 21 para. 1 DS-GVO and it is not yet clear whether our legitimate reasons outweigh your reasons.

Where the processing of personal data relating to you has been restricted, such data may be processed, with the exception of storage, only with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or of a Member State. If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by us before the restriction is lifted.

5) Right to information

If you have exercised the right to rectification, erasure or restriction of processing, we are obliged to notify all recipients to whom the personal data relating to you has been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You also have the right to be informed about these recipients.

6) Right to data portability

You have the right to obtain the personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format. In addition, you have the right to transmit this data to another person responsible without hindrance from us, provided that

  1. the processing is based on consent pursuant to. Article 6(2) 1 lit. a DS-GVO or Art. 9 para. 2 lit. a DS-GVO or on a contract pursuant to. Article 6(2) 1 lit. b DS-GVO is based on and
  2. the processing is carried out with the aid of automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another, insofar as this is technically feasible. Freedoms and rights of other persons must not be impaired by this. The right to data portability shall not apply to processing of personal data necessary for the performance of a task carried out in the public interest.

7) Right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1) of the Data Protection Act. 1 lit. e or f DS-GVO is carried out.

Following an objection, we will no longer process the personal data relating to you unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing.

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

8) Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

9) Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.