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General Terms and Conditions of WupperCocktail GbR
 

§1 Applicability to entrepreneurs and definitions of terms

(1) The following general terms and conditions apply to all deliveries between us and a contractual partner (private as well as commercial and self-employed) in the version valid at the time of the order.
 

§2 Formation of a contract, storage of the text of the contract

(1) The following regulations on the conclusion of a contract apply to orders for services from "WupperCocktail - Cocktails of your dreams".

(2) If the contract is concluded, the contract comes with it


Wupper Cocktail GbR
Dennis Weber, Julia Goebel
Nützenberger Str. 210
D-42115 Wuppertal
 

conditions.

(3) The presentation of the services in our online shop does not represent a legally binding contract offer on our part, but is only a non-binding invitation to the consumer to order services. By ordering the desired service, the consumer makes a binding offer to conclude a purchase contract.

The offer is accepted in writing or in text form. If the deadline has expired without result, the offer is deemed to have been rejected.

(4) When an order for our service is received, the following regulations apply: The consumer submits a binding contract offer or confirms an offer sent to him by WupperCocktail by placing a binding order for our services by letter, fax, email or telephone.

The order is made in the following steps:
 

1) Selection of the desired service
2) Request a quote
3) Consideration of the offer
4) Binding confirmation of the offer by fax, telephone or email
 

The offer/order is usually accepted in writing, in text form by fax, letter or email.

(5) Storage of the contract text for orders: We will send you the event contract by email, fax or letter. You can read the terms and conditions at any time under http://www.wuppercocktail.com/agbSee  . For security reasons, your order data is not accessible via the Internet.

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(6) According to EU-DSGVO we would like to point out that the following data is stored in our database:
Name, address, place of residence, email address, telephone number
additionally for commercial providers: 
Tax number, contact person, VAT identification number

This data is used exclusively for order processing and internal advertising purposes and will not be passed on to third parties.
 

§3 Prices, shipping costs, payment, due date

(1) The prices indicated include the statutory sales tax and other price components. There are also any travel costs.

(2) The consumer has the option of paying in advance, payment at the end of the event in cash, PayPal, EC card and credit card (Visa, Mastercard).

(3) If the consumer has chosen to pay in advance, he undertakes to pay the purchase price immediately after the conclusion of the contract.

 

(4) Invoices from service providers commissioned by us and purchases of goods are settled by us within 30 days of receipt of payment from the end customer. Default interest will not be accepted by us for this period.
 

§4 Delivery

(1) The delivery date is always the desired event date. Appointments can only be postponed after prior consultation with WupperCocktail.

(2) WupperCocktail makes every effort to fulfill the booked events. Nevertheless, we do not accept any claims for damages or compensation from the customer due to a canceled event. This applies in particular in the event of force majeure (weather, traffic, accidents, sudden illness, etc.). This also includes delays due to force majeure.

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(3) Unless otherwise agreed, WupperCocktail will be on site 1 hour before the start of the event for the purpose of set-up. If this time is not sufficient due to special circumstances on site, the set-up time will be deducted from the event time and will be charged to the customer. (Examples: celebration on the 3rd floor without elevator, parking more than 40 meters away from the construction site, etc.)

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(4) WupperCocktail promises to deliver the previously agreed service. Any spontaneous additional services are to be discussed on site according to the possibilities of the staff. There is no basic entitlement to these additional services.

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(5) WupperCocktail is a neutral service provider. We expressly reserve the right to cancel the order if our staff have political, religious, ethical or criminal doubts about the event.

 

Since we do not campaign politically for or against any party, faith or group, we ask you to accept the following neutrality clause for such events:

- Our counters and staff are in neutral colors black and white on site.
- There is no reference to our company name.
- Our company name is not used for advertising purposes in advertisements, flyers, digital media, or similar.

In the event of a violation, we reserve the right to claim damages.

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§5 Retention of title and liability

(1) We reserve ownership of the goods and services until the purchase price has been paid in full.

 

(2) The customer is fully liable to WupperCocktail for damage incurred during the event by himself or damage caused to guests/visitors. This includes damage to vehicles, inventory & counters, glasses/broken glass/cups and loss of the same and all other materials, goods and personnel provided by WupperCocktail.

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§6 Right of withdrawal of the customer as a consumer

Right of Withdrawal

Consumers are entitled to a right of withdrawal according to the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:
 

Right of withdrawal


right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day the contract was concluded. In the event of a cancellation, we charge a cancellation fee of at least €50 per service or:

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  • Less than 14 days before the start of the event: 100%

  • 30-15 days before the start of the event: 50%

  • more than 30 days before the start of the event: 0%


In order to exercise your right of withdrawal, you must inform us

Wupper Cocktail GbR
Dennis Weber, Julia Goebel
Nützenberger Str. 210
D-42115 Wuppertal
Email info@wuppercocktail.de

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
The revocation is accepted as soon as we confirm this in writing. 

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

End of revocation

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§7 Cancellation form

Sample withdrawal form

(If you want to revoke the contract, please fill out this form and send it back.)

At :
Wupper Cocktail GbR
Dennis Weber, Julia Goebel
Nützenberger Str. 210
D-42115 Wuppertal
Email info@wuppercocktail.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

_____________________________________________________

Ordered on (*)/received on (*)

__________________

Name of consumer(s)

_____________________________________________________

Address of consumer(s)


_____________________________________________________

Signature of consumer(s) (only if notification is on paper)

__________________

Date

__________________
 

(*) Delete where not applicable.
 

§8 Warranty

The statutory warranty regulations apply.
 

§9 Contract language

As contract language german will be available exclusively.

 

§10 Jurisdiction

The place of jurisdiction is Wuppertal.

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§11 Customer Service

Our customer service for questions, complaints and complaints is available on weekdays from 9:00 a.m. to 5:00 p.m
 

Telephone: 0202/60944582
Fax: 0202/60944583
Email: info@wuppercocktail.de

available.

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Status of the General Terms and Conditions Jan. 2021

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Data protection

We are very pleased that you are interested in our company. Data protection is of a particularly high priority for the management of the WupperCocktail GbR. In principle, the WupperCocktail GbR website can be used without providing any personal data. However, if a data subject wants to use special company services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the WupperCocktail GbR. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of the rights to which they are entitled by means of this data protection declaration.

As the controller responsible for processing, WupperCocktail GbR has implemented numerous technical and organizational measures to ensure the most complete protection possible for the personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us in alternative ways, for example by telephone.

1. Definitions

The data protection declaration of the WupperCocktail GbR is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms, among others, in this data protection declaration:

  • a)    personal data

    Personal data is any information relating to an identified or identifiable natural person (hereinafter "data subject"). A natural person is considered to be identifiable if, directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier or to one or more special features, the expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person can be identified.

  • b)    data subject

    Data subject is any identified or identifiable natural person whose personal data is processed by the data controller.

  • c)     processing

    Processing is any process carried out with or without the help of automated procedures or any such series of processes in connection with personal data such as collecting, recording, organizing, arranging, storing, adapting or changing, reading out, querying, using, disclosure by transmission, distribution or any other form of making available, matching or linking, restriction, deletion or destruction.

  • d)    Restriction of processing

    Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.

  • e)    profiling

    Profiling is any type of automated processing of personal data, which consists in using this personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal Analyze or predict that natural person’s preferences, interests, reliability, behavior, whereabouts or relocation.

  • f)     pseudonymization

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

  • g)    Responsible or responsible for processing

    The person responsible or responsible for processing is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data. If the purposes and means of this processing are specified by Union law or the law of the Member States, the person responsible or the specific criteria for his naming can be provided for by Union law or the law of the Member States.

  • h)    Processor

    Processor is a natural or legal person, public authority, institution or other body that processes personal data on behalf of the person responsible.

  • i)       receiver

    Recipient is a natural or legal person, public authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law are not considered recipients.

  • j)      third party

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

  • k)     consent

    Consent is any expression of will voluntarily given by the data subject in an informed manner and unequivocally for the specific case in the form of a declaration or other clear confirmatory action with which the data subject indicates that they consent to the processing of their personal data is.

2. Name and address of the person responsible for processing

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:

Wupper Cocktail GbR

Julia Goebel & Dennis Weber

Nützenberger Str. 210

42115 Wuppertal

Germany

Tel: 0202 60944582

Email: info@wuppercocktail.de

Website: info@wuppercocktail.de

3. Collection of general data and information

The website of the WupperCocktail GbR collects a series of general data and information each time the website is accessed by an affected person or an automated system. This general data and information is stored in the log files of the server. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites, which are accessed via an accessing system on our website can be controlled, (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 to avert threats in the event of attacks on our information technology systems.

When using these general data and information, the Wuppercocktail GbR does not draw any conclusions about the data subject. Rather, this information is required to (1) deliver the content of our website correctly, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website and ( 4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by WupperCocktail GbR statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by an affected person.

4. Subscription to our newsletter

On the website of the WupperCocktail GbR, users are given the opportunity to subscribe to our enterprise's newsletter. Which personal data is transmitted to the person responsible for processing when ordering the newsletter results from the input mask used for this purpose.

The WupperCocktail GbR informs its customers and business partners regularly by means of a newsletter about enterprise offers. The newsletter of our company can only be received by the person concerned if (1) the person concerned has a valid e-mail address and (2) the person concerned registers for the newsletter dispatch. For legal reasons, a confirmation e-mail will be sent to the e-mail address entered by a data subject for the first time for the newsletter dispatch using the double opt-in procedure. This confirmation e-mail is used to check whether the owner of the e-mail address, as the person concerned, has authorized receipt of the newsletter.

When registering for the newsletter, we also store the IP address assigned by the Internet Service Provider (ISP) of the computer system used by the person concerned at the time of registration, as well as the date and time of registration. The collection of this data is necessary in order to be able to understand the (possible) misuse of the e-mail address of a person concerned at a later point in time and therefore serves to provide legal protection for the person responsible for processing.

The personal data collected as part of registering for the newsletter will only be used to send our newsletter. Furthermore, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or for registration in this regard, as could be the case in the event of changes to the newsletter offer or changes in the technical conditions. The personal data collected as part of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be canceled by the data subject at any time. The consent to the storage of personal data that the person concerned has given us for sending the newsletter can be revoked at any time. There is a corresponding link in every newsletter for the purpose of revoking consent. It is also possible to unsubscribe from the newsletter at any time directly on the website of the person responsible for processing or to inform the person responsible for processing of this in another way.

5. Newsletter tracking

The WupperCocktail GbR newsletter contains so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in e-mails that are sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns to be carried out. Based on the embedded tracking pixel, the WupperCocktail GbR can see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.

Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the person responsible for processing in order to optimize the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the person concerned. This personal data will not be passed on to third parties. Affected persons are entitled at any time to revoke the relevant separate declaration of consent given via the double opt-in procedure. After a revocation, this personal data will be deleted by the person responsible for processing. The WupperCocktail GbR automatically regards a withdrawal from the receipt of the newsletter as a revocation.

6. Contact option via the website

Due to legal regulations, the WupperCocktail GbR website contains information that enables quick electronic contact to our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a person concerned contacts the person responsible for processing by e-mail or via a contact form, the personal data transmitted by the person concerned will be automatically saved. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. This personal data will not be passed on to third parties.

7. Comment function in the blog on the website

The WupperCocktail GbR offers users the opportunity to leave individual comments on individual blog posts on a blog, which is on the website of the person responsible for processing. A blog is a portal maintained on a website, usually open to the public, in which one or more people called bloggers or web bloggers can post articles or write down thoughts in so-called blog posts. The blog posts can usually be commented on by third parties.

If a data subject leaves a comment on the blog published on this website, information about the time the comment was entered and the user name (pseudonym) chosen by the data subject will be stored and published in addition to the comments left by the data subject. Furthermore, the IP address assigned by the Internet Service Provider (ISP) to the data subject is also logged. The IP address is stored for security reasons and in the event that the person concerned violates the rights of third parties or posts illegal content by submitting a comment. The storage of this personal data is therefore in the own interest of the person responsible for processing, so that he could exculpate himself in the event of a violation of the law. This collected personal data will not be passed on to third parties unless such a transfer is required by law or serves the legal defense of the person responsible for processing.

8. Subscription to blog comments on the website

The comments made in the WupperCocktail GbR blog can generally be subscribed to by third parties. In particular, it is possible for a commenter to subscribe to the comments on a specific blog post that follow their comment.

If a data subject decides to subscribe to comments, the person responsible for processing will send an automatic confirmation e-mail in order to use the double opt-in procedure to check whether the owner of the e-mail address provided is really there option decided. The option to subscribe to comments can be unsubscribed at any time.

9. Routine Deletion and Blocking of Personal Data

The person responsible for processing processes and stores the personal data of the person concerned only for the period of time necessary to achieve the purpose of storage or if this is required by the European directive and regulation giver or another legislator in laws or regulations which the person responsible for processing subject, was provided.

If the purpose of storage no longer applies or if a storage period prescribed by the European directive and regulation authority or another responsible legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.

10. Rights of the data subject

  • a)    right to confirmation

    Every data subject has the right, granted by the European directive and regulation giver, to request confirmation from the person responsible for processing as to whether personal data relating to them are being processed. If a data subject wishes to exercise this right to confirmation, they can contact an employee of the data controller at any time.

  • b)    right to information

    Every person affected by the processing of personal data has the right, granted by the European directive and regulation giver, to receive free information about the personal data stored about him and a copy of this information from the person responsible for processing at any time. Furthermore, the European legislator for directives and regulations has granted the data subject access to the following information:

    • the processing purposes

    • the categories of personal data being processed

    • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations

    • if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria used to determine that duration

    • the existence of a right to correction or deletion of the personal data concerning you or to restriction of processing by the person responsible or a right to object to this processing

    • the existence of a right of appeal to a supervisory authority

    • if the personal data is not collected from the data subject: all available information about the origin of the data

    • the existence of automated decision-making including profiling in accordance with Article 22 (1) and (4) GDPR and - at least in these cases - meaningful information about the logic involved and the scope and intended effects of such processing for the data subject

    Furthermore, the data subject has a right to information as to whether personal data has been transmitted to a third country or to an international organization. If this is the case, the person concerned has the right to receive information about the appropriate guarantees in connection with the transmission.

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

  • c)    Right to rectification

    Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to demand the immediate correction of incorrect personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data - also by means of a supplementary declaration.

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

  • d)    right to erasure (right to be forgotten)

    Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to demand that the person responsible delete the personal data concerning them immediately if one of the following reasons applies and if the processing is not necessary:

    • The personal data were collected for such purposes or otherwise processed for which they are no longer necessary.

    • The data subject revokes their consent on which the processing was based pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal basis for the processing.

    • The data subject objects to the processing pursuant to Article 21 (1) GDPR and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing pursuant to Article 21 (2) GDPR processing on.

    • The personal data have been unlawfully processed.

    • Erasure of the personal data is necessary to fulfill a legal obligation in Union or Member State law to which the controller is subject.

    • The personal data was collected in relation to information society services offered in accordance with Art. 8 Para. 1 DS-GVO.

    If one of the above reasons applies and a person concerned wishes to have personal data stored at WupperCocktail GbR deleted, he or she can contact an employee of the person responsible for processing at any time. The employee of WupperCocktail GbR will ensure that the request for deletion is complied with immediately.

    If the personal data was made public by WupperCocktail GbR and our company, as the person responsible, is obliged to delete the personal data in accordance with Art. 17 Para. 1 DS-GVO, WupperCocktail GbR will also take appropriate measures, taking into account the available technology and the implementation costs of a technical nature, in order to inform other persons responsible for data processing who process the published personal data that the person concerned has requested the deletion of all links to this personal data or copies or replications of this personal data from these other persons responsible for data processing has requested, insofar as the processing is not necessary. An employees of the WupperCocktail GbR will arrange the necessary measures in individual cases.

  • e)    right to restriction of processing

    Any person affected by the processing of personal data has the right, granted by the European directive and regulation giver, to demand that the person responsible restrict the processing if one of the following conditions is met:

    • 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, the data subject refuses the deletion of the personal data and instead requests the restriction of the use of the personal data.

    • The person responsible no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims.

    • The data subject has lodged an objection to the processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

    If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored at WupperCocktail GbR, they can contact an employee of the data controller at any time. The employee of the WupperCocktail GbR will arrange the restriction of the processing.

  • f)     right to data portability

    Every person affected by the processing of personal data has the right, granted by the European directive and regulation giver, to receive the personal data relating to them, which the person concerned has provided to a person responsible, in a structured, common and machine-readable format. You also have the right to transmit this data to another person responsible without hindrance from the person responsible to whom the personal data was provided, provided that the processing is based on the consent in accordance with Art. 6 Para. 1 Letter a DS-GVO or Art. 9 Para 2 letter a DS-GVO or on a contract according to article 6 paragraph 1 letter b DS-GVO and the processing is carried out using automated procedures, provided that the processing is not necessary for the performance of a task that is in the public interest or takes place in the exercise of official authority, which has been transferred to the person responsible.

    Furthermore, when exercising their right to data portability in accordance with Art. 20 Para the rights and freedoms of other persons are not impaired by this.

    In order to assert the right to data transferability, the person concerned can contact an employee of WupperCocktail GbR at any time.

  • g)    right to object

    Every person affected by the processing of personal data has the right granted by the European directive and regulation giver, for reasons arising from their particular situation, at any time against the processing of personal data concerning them, which is based on Art. 6 para. 1 letter e or f DS-GVO to file an objection. This also applies to profiling based on these provisions.

    WupperCocktail GbR will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend of legal claims.

    If WupperCocktail GbR processes personal data in order to operate direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to the WupperCocktail GbR to the processing for direct marketing purposes, the WupperCocktail GbR will no longer process the personal data for these purposes.

    In addition, the data subject has the right, for reasons arising from their particular situation, against the processing of personal data relating to them, which is carried out at WupperCocktail GbR for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 DS- GMO to object, unless such processing is necessary to fulfill a task in the public interest.

    In order to exercise the right to object, the data subject can directly contact any employee of WupperCocktail GbR or another employee. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.

  • h)    Automated individual decisions including profiling

    Any person affected by the processing of personal data has the right granted by the European legislator for directives and regulations not to be subject to a decision based solely on automated processing - including profiling - which has legal effects on them or significantly affects them in a similar way, if the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the person responsible, or (2) is permissible on the basis of Union or Member State legislation to which the person responsible is subject and such legislation requires appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject or (3) is carried out with the express consent of the data subject.

    If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the Wuppercocktail GbR shall implement suitable measures to safeguard the rights and freedoms and the legitimate safeguarding the interests of the data subject, including at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

    If the data subject wishes to assert rights relating to automated decisions, they can contact an employee of the data controller at any time.

  • i) Right to withdraw consent under data protection law

    Every person affected by the processing of personal data has the right granted by the European directive and regulation giver to revoke consent to the processing of personal data at any time.

    If the data subject wishes to assert their right to revoke consent, they can contact an employee of the data controller at any time.

11. Data protection for applications and in the application process

The person responsible for processing collects and processes the personal data of applicants for the purpose of handling the application process. The processing can also take place electronically. This is particularly the case if an applicant sends the relevant application documents electronically, for example by email or via a web form on the website, to the person responsible for processing. If the person responsible for processing concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the person responsible for processing does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that deletion does not conflict with any other legitimate interests of the person responsible for processing. Another legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).

12. Legal Basis for Processing

Art. 6 I lit. a DS-GVO serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary to fulfill a contract to which the data subject is party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in the case of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the person concerned do not prevail. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, he took the view that a legitimate interest could be assumed if the data subject is a customer of the person responsible (recital 47 sentence 2 DS-GVO).

13. Legitimate interests in processing pursued by the controller or a third party

If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is conducting our business for the benefit of all our employees and our shareholders.

14. Duration for which the personal data will be stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the deadline has expired, the corresponding data will be routinely deleted, provided that they are no longer required to fulfill the contract or to initiate a contract.

15. Statutory or contractual requirements for providing the personal data; Necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a person concerned makes personal data available to us, which must then be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact one of our employees. Our employee clarifies to the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.

16. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, the als External data protection officer Essen , in cooperation with den Data protection lawyers of the law firm WILDE BEUGER SOLMECKE | lawyers created.

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