Data Protection

We are very pleased with your interest in our company. Data protection is of particularly high importance to the management of Landmark GmbH. The use of the Landmark GmbH websites is generally possible without the need to provide personal data. However, if an affected person wishes to use special services from our company via our website, the processing of personal data may be necessary. If the processing of personal data is required and there is no legal basis for such processing, we generally obtain the consent of the affected person.

The processing of personal data, such as the name, address, email address, or phone number of an affected person, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to Landmark GmbH. Through this privacy policy, our company aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, affected individuals are informed about their rights through this privacy policy.

As the data controller, Landmark GmbH has implemented numerous technical and organizational measures to ensure the most comprehensive protection of personal data processed through this website. However, internet-based data transmissions may generally have security vulnerabilities, meaning that absolute protection cannot be guaranteed. For this reason, each affected person is free to transmit personal data to us through alternative means, such as by phone.

The privacy policy of Landmark GmbH is based on the terms used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for both the public and our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

In this privacy policy, we use, among others, the following terms:

a) Personal data

Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

b) Data subject

A data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.

c) Processing

Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction.

d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting its future processing.

e) Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

f) Pseudonymization

Pseudonymization means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

g) Controller or controller responsible for the processing

Controller or controller responsible for the processing means the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

h) Processor

Processor means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

i) Recipient

Recipient means a natural or legal person, public authority, agency, or another body, to which personal data is disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

j) Third party

Third party means a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

k) Consent

Consent means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

The controller responsible for processing within the meaning of the General Data Protection Regulation (GDPR), other data protection laws applicable in the Member States of the European Union, and other provisions related to data protection is:

Landmark Vermietung & Vermittlung exklusiver Villen & Yachten GmbH
Hochstr. 40a
D-50374 Cologne
Phone: +49-221-17000790
Email: info@landmark-fine-travel.de
www.landmark-fine-travel.de

DATA PROTECTION OFFICER:

Manuel Zeh
Diamantallee 30
D-50259 Pulheim
info@datenschutzbeauftragter.xyz

The website of Landmark GmbH collects a range of general data and information each time a data subject or an automated system accesses the website. This general data and information are stored in the server log files. The collected data may include (1) the types and versions of browsers used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the subpages accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information used for security purposes in case of attacks on our information technology systems.

When using this general data and information, Landmark GmbH does not draw any conclusions about the data subject. Instead, this information is needed to (1) correctly deliver the content of our website, (2) optimize the content of our website as well as its advertising, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the necessary information for prosecution in the event of a cyberattack. The anonymously collected data and information are therefore evaluated statistically by Landmark GmbH and further analyzed with the aim of increasing data protection and data security within our company, ultimately ensuring an optimal level of protection for the personal data we process. The anonymous data in the server log files are stored separately from all personal data provided by a data subject.

The newsletters of Landmark GmbH contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in emails sent in HTML format to enable log file recording and analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, Landmark GmbH can determine whether and when an email was opened by a data subject and which links within the email were accessed.

Such personal data collected via the tracking pixels contained in the newsletters is stored and analyzed by the controller in order to optimize the newsletter distribution and better tailor the content of future newsletters to the interests of the data subjects. This data is not shared with third parties.

Data subjects are entitled to revoke their separate consent, granted through the double opt-in procedure, at any time. Upon revocation, this personal data is deleted by the controller. Unsubscribing from the newsletter is automatically considered a revocation of consent.

The website of Landmark GmbH contains information that enables quick electronic contact with our company, as well as direct communication with us, which also includes a general email address. If a data subject contacts the controller via email or a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data voluntarily provided by a data subject to the controller is stored for the purpose of processing the request or contacting the data subject. This personal data is not shared with third parties.

Landmark GmbH provides users with the opportunity to leave individual comments on specific blog posts on a blog that is hosted on the website of the controller. A blog is an online portal, typically publicly accessible, where one or more individuals, referred to as bloggers or web bloggers, can post articles or share their thoughts in so-called blog posts. These blog posts can usually be commented on by third parties.

If a data subject leaves a comment on the blog published on this website, not only the comment itself but also information about the time of comment submission and the username (pseudonym) chosen by the data subject are stored and published. Additionally, the IP address assigned to the data subject by their Internet Service Provider (ISP) is also logged.

The storage of the IP address is carried out for security reasons and in case the data subject, through their comment, violates the rights of third parties or publishes illegal content. The storage of this personal data is therefore in the legitimate interest of the controller, as it allows for potential exculpation in the event of a legal violation. This collected personal data is not shared with third parties unless such disclosure is legally required or serves the legal defense of the controller.

The controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage or as provided by the European directives and regulations or another legislator in laws or regulations to which the controller is subject.

If the purpose of storage ceases to apply or if a storage period prescribed by the European directives and regulations or another competent legislator expires, the personal data is routinely blocked or deleted in accordance with legal requirements.

• a) Right to Confirmation

  Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they may contact an employee of the controller at any time.

  b) Right to Access

  Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain, at any time and free of charge, information from the controller about the personal data stored about them, as well as a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:

  • The purposes of the processing
  • The categories of personal data being processed
  • The recipients or categories of recipients to whom the personal data has been or will be disclosed, particularly recipients in third countries or international organizations
  • Where possible, the planned duration for which the personal data will be stored, or, if not possible, the criteria used to determine that period
  • The existence of a right to rectification or deletion of personal data concerning them, or to restrict processing by the controller, or to object to such processing
  • The existence of a right to lodge a complaint with a supervisory authority
  • Where the personal data is not collected from the data subject, any available information as to its source
  • The existence of automated decision-making, including profiling, as per Article 22(1) and (4) of the GDPR, and, at least in these cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

  Additionally, the data subject has the right to be informed about whether personal data has been transferred to a third country or an international organization. If this is the case, the data subject has the right to be informed about the appropriate safeguards related to the transfer.

  If a data subject wishes to exercise this right of access, they may contact an employee of the controller at any time.

  c) Right to Rectification

  Every data subject affected by the processing of personal data has the right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right, considering the purposes of processing, to have incomplete personal data completed, including by means of providing a supplementary statement.

  If a data subject wishes to exercise this right to rectification, they may contact an employee of the controller at any time.

  d) Right to Erasure (Right to be Forgotten)

  Every data subject affected by the processing of personal data has the right granted by the European legislator to request from the controller the erasure of personal data concerning them without undue delay, provided that one of the following grounds applies and processing is not required:

  • The personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
  • The data subject withdraws consent on which the processing was based according to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal ground for processing.
  • The data subject objects to processing under Article 21(1) GDPR, and there are no overriding legitimate grounds for processing, or the data subject objects to processing under Article 21(2) GDPR.
  • The personal data has been unlawfully processed.
  • The erasure of personal data is required for compliance with a legal obligation under Union or Member State law to which the controller is subject.
  • The personal data was collected in relation to the offer of information society services as referred to in Article 8(1) GDPR.

  If any of the above reasons apply and a data subject wishes to request the erasure of personal data stored by Landmark GmbH, they may contact an employee of the controller at any time. The employee of Landmark GmbH shall promptly ensure that the request for erasure is complied with.

  Where Landmark GmbH has made personal data public and is obliged pursuant to Article 17(1) GDPR to erase personal data, Landmark GmbH shall take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested erasure of any links to, or copies or replications of, this personal data, as far as processing is not required. The employee of Landmark GmbH shall arrange the necessary measures on a case-by-case basis.

  e) Right to Restriction of Processing

  Every data subject affected by the processing of personal data has the right granted by the European legislator to request the restriction of processing from the controller if one of the following conditions applies:

  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful, and the data subject opposes the erasure of the personal data and instead requests the restriction of its use.
  • The controller no longer needs the personal data for processing purposes, but the data subject requires it for the establishment, exercise, or defense of legal claims.
  • The data subject has objected to processing under Article 21(1) GDPR and it is not yet determined whether the legitimate interests of the controller override those of the data subject.

  If one of the above conditions applies and a data subject wishes to request the restriction of personal data stored by Landmark GmbH, they may contact an employee of the controller at any time. The employee of Landmark GmbH shall arrange the restriction of processing.

  f) Right to Data Portability

  Every data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, where the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR, and processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

  Furthermore, in exercising their right to data portability under Article 20(1) GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, where technically feasible and where it does not adversely affect the rights and freedoms of others.

  To assert the right to data portability, the data subject may contact an employee of Landmark GmbH at any time.

The controller collects and processes the personal data of applicants for the purpose of handling the application process. Processing may also be carried out electronically. This is particularly the case when an applicant submits application documents electronically, for example, via email or through a web form on the website of the controller.

If the controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal regulations. If no employment contract is concluded with the applicant, the application documents will be automatically deleted two months after the rejection decision has been communicated, unless deletion conflicts with other legitimate interests of the controller. A legitimate interest in this sense could be, for example, an obligation to provide evidence in a procedure under the General Equal Treatment Act (AGG).

Article 6(1)(a) GDPR serves as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party—such as processing operations required for the delivery of goods or the provision of another service or consideration—then processing is based on Article 6(1)(b) GDPR. The same applies to processing operations necessary for carrying out pre-contractual measures, for instance, in cases of inquiries about our products or services.

If our company is subject to a legal obligation that requires the processing of personal data, such as fulfilling tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our business were injured and their name, age, health insurance data, or other vital information had to be disclosed to a doctor, hospital, or another third party. In such instances, processing would be based on Article 6(1)(d) GDPR.

Finally, processing operations could be based on Article 6(1)(f) GDPR. This legal basis applies to processing operations that are not covered by any of the aforementioned legal bases but are necessary for the purposes of a legitimate interest pursued by our company or a third party, provided that such interests are not overridden by the interests, fundamental rights, and freedoms of the data subject. Such processing operations are particularly permissible because they have been specifically recognized by the European legislator. The legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, Sentence 2 of the GDPR).

If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and shareholders.

The criterion for the duration of personal data storage is the respective statutory retention period. After the period expires, the corresponding data is routinely deleted, provided it is no longer required for contract fulfillment or contract initiation.

We inform you that the provision of personal data is partially required by law (e.g., tax regulations) or may also result from contractual obligations (e.g., details about the contracting party). In some cases, it may be necessary for a contract to be concluded that a data subject provides us with personal data, which must subsequently be processed by us.

For example, a data subject is obligated to provide us with personal data if our company enters into a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.

Before providing personal data, the data subject must contact one of our employees. Our employee will clarify on a case-by-case basis whether the provision of personal data is legally or contractually required, whether there is an obligation to provide the personal data, and what the consequences of failing to provide the personal data would be.

This website uses Web Fonts provided by Google to ensure the uniform presentation of fonts. When you access a page, your browser loads the required Web Fonts into its cache to correctly display texts and fonts. For this purpose, the browser you are using must establish a connection to Google’s servers. Through this process, Google becomes aware that our website was accessed via your IP address. The use of Google Web Fonts is in the interest of a consistent and visually appealing presentation of our online offerings. This constitutes a legitimate interest within the meaning of Article 6(1)(f) GDPR. If your browser does not support Web Fonts, a standard font from your computer will be used.

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

This website uses the Google Maps mapping service via an API. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. To use the functions of Google Maps, it is necessary to store your IP address. This information is typically transmitted to a Google server in the USA and stored there. The provider of this website has no control over this data transmission. The use of Google Maps is in the interest of an appealing presentation of our online offerings and to make it easier to locate the places mentioned on our website. This constitutes a legitimate interest within the meaning of Article 6(1)(f) GDPR.

For more information on how user data is handled, please refer to Google’s privacy policy: https://www.google.de/intl/en/policies/privacy/.

As a responsible company, we do not use automated decision-making or profiling. This privacy policy was generated using the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer in Duisburg, in cooperation with Cologne-based IT and data protection lawyer Christian Solmecke.