Legal Notice – Niederegger Lübeck

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Data Privacy
Legal Notice
EU.SH
Legal Notice

Datenschutzerklärung

In the following, we are providing information on the collection of personal data in connection with the use of our website as well as communication via email, fax or telephone. Personal data refers to all data relating to you personally, such as your name, address, email address, etc.

1. General Information

1.1 The following entities are the controller for the purpose of the General Data Protection Regulation (GDPR), and the service provider for the purpose of the German Telemedia Act (Telemediengesetz; TMG):

J.G. Niederegger GmbH & Co. KG
Zeißstraße 1 – 7
23560 Lübeck
Germany

Our Data Protection Officer can be reached as follows:
Postal address:

Datenschutzbeauftragter
der J.G. Niederegger GmbH & Co. KG
Zeißstraße 1 – 7
23560 Lübeck

E-Mail: datenschutz@niederegger.de

1.2 If you contact us by telephone, fax, e-mail, letter or via a contact form, we will store the data provided by you (your e-mail address, and possibly, your name and telephone number) in order to answer your questions. We will erase any data collected in this context once we no longer need to store them, or, if we are required by law to keep the data, we will restrict their processing.

1.3 If we use external service providers for individual functions on our website, or if we would like to use your data for advertising purposes, we will inform you in detail about the respective processes as outlined below. We will also inform you about the Icriteria defined with regard to the duration for which your data are stored.

2 Collection of personal data when you visit our website
The type and scope of personal data collected and our use thereof differs based on whether you only visit our website in order to view information (see section 2.1) or whether you are using any of the services offered by us (see section 5 et seqq.). Regarding the use of so-called cookies, see section 2.3 of this Notice.

2.1 If you are using our website only for information purposes, i.e. if you do not register or otherwise transmit information to us, we only collect the personal data transmitted by your browser to the server on which our website is hosted. If you wish to look at our website, we collect the following data, which we require for technical reasons in order to display our website and to ensure its stability and safety (legal basis is point (f) of Article 6(1), sentence 1 GDPR):

2.2 We collect access data every time our website is accessed (so-called servo log), including: IP address; date and time of the query; time zone difference to Greenwich Mean Time (GMT); content of the request (specific page); access status/HTTP status code; data volume transferred; website, from which the request came (referring URL); browser; operating system and its interface; language and version of the browser software.

2.3 In addition to the aforementioned data, we will store cookies on your computer when you use our website. Cookies are small text files that are stored by your browser on your hard drive and through which the entity placing the cookie (in this case, us) receives certain information. Cookies cannot execute programs or transmit viruses to your computer. They only help make the website overall more userfriendly and effective.

2.3.1 This website uses transient cookies, in particular when you log in to access the "Press" section of our website. The scope and functioning of these cookies is explained in the following:

2.3.2 You can configure your browser settings to your liking, for instance by rejecting third-party cookies or all cookies. Please note, that if you do so, you may not be able to use all functions of this website.

2.3.3 Sie können Ihre Browser-Einstellung entsprechend Ihren Wünschen konfigurieren und z. B. die Annahme von Third-Party-Cookies oder allen Cookies ablehnen. Wir weisen Sie darauf hin, dass Sie dann eventuell nicht alle Funktionen dieser Website nutzen können.

3. Erasure of data and storage duration
3.1 We erase (Article 17 GDPR) or make the personal data unavailable as soon as the purpose for which the data was stored no longer applies, or we restrict the processing thereof (Article 18 GDPR). Data may also be stored if provided for by the European or national legislator in EU regulations, laws, or other provisions by which we are governed. The data are also erased, or their processing restricted, when a retention period provided for under the aforementioned norms expires, unless there is a requirement to continue storing the data in order to enter into or perform a contract.

3.2 This provision applies for all data collection and data processing processes specified in this Notice unless provided for differently in the individual case.

3.3 If our website is used purely for information purposes (cf. section 2.1 of this Notice), we will erase the personal data once the visit on our website ends.

3.4 If data are stored in log files (cf. section 2.2 of this Notice), the purpose for which they are stored ceases to exist as soon as the data are no longer required in order to ensure or improve the technical operation, stability or functionality of our website, or in order to detect and prevent manipulative queries. However, it is possiblethat data will be stored longer. In such case, the users' IP addresses will be erased or modified in such a way that it is no longer possible to identify the client calling up the site.

4. Withdrawal of consent or objection to the processing of your data
4.1 If you have consented to the processing of your data, you can withdraw your consent at any time. Such a withdrawal of consent will only affect the lawfulness of the processing of your personal data after you have notified us thereof.

4.2 Where your consent was the sole basis for the processing of your data, and in particular, where we do not have a legitimate interest in the processing of your data in accordance with point (f) of Article 6(1) GDPR, we will promptly erase the data when you withdraw your consent (point (b) of Article 17(1) GDPR).

4.3 Where we base the processing of your personal data on a weighing of interests, you can object to the processing. This is the case, in particular, if the processing is not required for the performance of a contract with you, which is described by us in each case in the following description of the functions. When you exercise your right to withdraw your consent, we are asking you to state the reasons why you no longer allow us to process your personal data as we have done before. In case you provide a reason for your withdrawal of consent, we will review the situation and either stop or modify the processing of your data, or we will show you our compelling legitimate basis on which we will continue processing your data.
Where we stop processing your data, we will erase them promptly (point (c) of Article 17(1) GDPR).

4.4 You can object to the use of your personal data for the purpose of advertising at any time without incurring any costs other than the cost of transmission according to the base rates. You can address your notice of objection in writing or by email to the addresses listed in the legal notice.

5. Recipients
In order to make this website available to you, we work with external service providers who perform IT services with regard to the creation, modification and maintenance of this website and who, in this context, are given access to the personal data collected via this site. With regards to other potential recipients, please refer to the following explanations.

6. Use of our online store

6.1 When you visit the online store shop through our site, you are leaving the website of Niederegger GmbH & Co. KG. Information regarding the processing of your personal data in the online store can be found on the store's web pages.

6.2 If you are a business customer and want to order from our catalogue for business customers on our website, a contract can only be concluded if you enter your personal data, which we require in order to process your order. Fields that are mandatory for the processing of contracts are marked, all other data is optional. The data provided by you will be processed by us in order to process your purchase order. For this purpose, we may forward your payment data to our house bank.
The legal basis for this is point (b) of Article 6(1) sentence 1 GDPR.

6.3 Moreover, we may process the data provided by you in order to inform you about other interesting products from our portfolio or to send you e-mails with technical information.

6.4 In order to prevent unauthorized third-party access to your personal data, in particular financial data, the order process is encrypted using TLS technology.

7. Contact form and other forms of contact
7.1 Our website has a contact form which can be used in order to get in touch with us electronically. If you take advantage of this option, the data you enter into the form will be transmitted to and stored by us. These data include your sex, your last name and your email address as well as, optionally, your address and telephone number. At the time of sending the message, your IP address as well as the date and time of registration will likewise be stored.

7.2 Alternatively, it is also possible to contact us via the email address, fax or phone number provided, as well as by letter. In the latter case, the personal data you transmit to us in the email, the fax, the letter or by telephone will be stored.

7.3 In this context, the data will not be disclosed to any third parties. The data will be used exclusively to process the conversation.

7.4 The legal basis for the processing of data transmitted via email, fax, phone or letter is point (f) of Article 6(1) GDPR. If you contact us for the purpose of entering into a contract, the processing of your data is moreover based on point (b) of Article 6(1) GDPR.

7.5 The processing of personal data entered into the contact form is used solely in order to process the contact. If you contact us by email, fax, telephone or letter, this also gives rise to the legitimate interest in a processing of the data. Any other personal data processed while sending the form are used to prevent a fraudulent use of the contact form and to protect the safety of our IT systems.

7.6 For any additional personal data collected during the sending of the contact form, other than the information in the form, section 3.4 applies.

7.7 If you contact us through the contact form or by email, you can object to the storage of your personal data at any time (cf. section 4 of this Notice). In such case, the conversation cannot be continued.

To notify us of your objection, please send an email to datenschutz@niederegger.de or a message to the contacts listed in the legal notice.

All personal data stored in connection with your contacting us will be erased in such case.

8. Orders and reservations in our cafés
8.1.When you reserve a table or place an order by telephone, fax, email or in person at one of our cafés, and provide your personal data (e.g., name and contact information) to us in the process, we will process your personal data in order to fulfil your request, i.e., prepare your order or reserve a table.

8.2 The legal basis for this data processing is point (b) of Article 6(1) GDPR. Pursuant to point (b) of Article 6(1) GDPR it is also lawful to process personal data in order to take steps at the request of the data subject prior to entering into a contract.

8.3 We will process your personal data until all claims resulting from the legal relationship and its performance have been fulfilled and settled. Where applicable, limitation periods and statutory retention periods count among the criteria determining the storage duration.

8.4 A transmission of your personal data in connection with an order or a table reservation at a location outside of the European Union is not intended, but – to the extent it is lawful – it is also not precluded.

9. Careers portal (Jobs)
In the "Careers" section, you can apply for a job with the controller. If you are using this portal to apply for a position at HPM Hanseatische Premium Marken Vertriebsgesellschaft mbH (hereinafter "HPM"), we will forward your personal data to HPM. Where we inform you in the following on how we process your data, the information provided will also apply mutatis mutandis to HPM.

9.1 Your personal data is collected and processed by us in order to make a decision on whether or not to hire you.

9.1.1 The legal basis for this processing is the General Data Protection Regulation (GDPR) in conjunction with section 26 of the German Data Protection Act (Bundesdatenschutzgesetz; BDSG). Moreover, personal data may be processed on the basis of other labour or social regulations, and in particular under the Works Constitution Act, as amended. Where a processing of personal data is required in order to fulfil a legal obligation to which the controller is subject, such processing is based on point (c) of Article 6 (1) GDPR.

9.1.2 Personal data that are processed in order to make a hiring decision, will be erased when they no longer need to be processed in order to make the hiring decision. The duration for which the data is stored therefore depends on the duration of the decision-making process.

If you are sending us a spontaneous application – i.e., an application not sent in response to a specific position advertised by us – we will likewise process your personal data in order to decide on whether to hire you or not. The above applies mutatis mutandis if, in our opinion, it is not foreseeable that your personal data could potentially be used for a hiring decision.

9.2 Under certain circumstances it is possible that your personal data will be used to assert, pursue or defend against legal claims if you or the controller have or assert any legal claims.

9.2.1 In such cases, the legal basis is point (f) of Article 6(1) GDPR. Pursuant to point (f) of Article 6(1) f GDPR a processing of personal data is lawful if the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by your interests or rights in preventing such processing. The legitimate interests of the controller or a third party then lie in the assertion of, pursuit of, or defence against legal claims.

9.2.2 In the individual case, this may result in a storage duration that extends beyond the hiring decision. For example, this would be the case if we have reason to believe that you will be asserting claims against the controller. In such case, the data will be stored for as long as a processing of the data is required in order to assert, pursue, or defend against legal claims, and the storage duration criteria may include the periods provided for in the General Act on Equal Treatment (Allgemeines Gleichbehandlungsgesetz; AGG) and the Labour Court Law (Arbeitsgerichtsgesetz, ArbGG) (Sec. 15 para. 4 sentence 1 AGG; Sec. 61 b ArbGG) as well as limitation periods or statutory retention periods. Moreover, data may also be stored if provided for or required by the European or national legislator in EU regulations, laws, or other provisions by which the controller is governed.

9.3. If you have given us your consent to the processing of your personal data, the data processing is based (or also based) on this declaration of consent (point (a) of Article 6(1) GDPR). When you submit your application you can give us permission to store your applicant data on a permanent basis so that we may contact you if there is a possibility that you could be considered for a future position. If you have consented to an indefinite storage, your data will not be erased unless and until you withdraw your consent.

9.4 The following categories of recipients may receive your applicant data:

HPM Hansetische Premium Marken Vertriebsgesellschaft mbH, if you apply for a position with HPM Hansetische Premium Marken Vertriebsgesellschaft mbH;
External service providers that provide services for us as contract data processors or based on other service contracts (e.g., IT services, banking services, communication services, services in the area of our financial administration and storage media destruction services);
public authorities, if applicable (e.g., the Federal Employment Agency);
if applicable, the works council, the representative for the severely handicapped, or the equality officer (in each case, within the scope of their statutory responsibilities);
If applicable, the courts in connection with litigation and other legal disputes;
If applicable, lawyers in connection with litigation and other legal disputes as well as for legal advice;
If applicable, HR service providers including HR consultants that help us with our hiring decisions.

9.5 A transmission of your applicant data to other states outside of the European Union is not intended but – to the extent it is lawful – it is also not precluded.

9.6 Where you have consented to the collection and processing of your data as part of the application process, you have the right to withdraw your consent at any time; however, this does not affect the lawfulness of processing based on consent before its withdrawal. Moreover, the lawfulness of a processing of the data on other legal bases will not be affected.

You are not obligated to provide personal data in order to participate in the application process. However, without the information required in order to assess your suitability and availability as well as an order to get in touch with you, we cannot proceed with the application process.

10. Press portal
On the pages found in the "Press" section, you can obtain information about our company, recent press releases, and printable images.

10.1 To gain access to this area, you must register and provide personal data. User registration is required for access to these contents and services on our website, as the materials available there, and in particular our press folders, include comprehensive information, such as information about the manufacturing process of our products, which is to be reserved for editorial use.

10.2 When setting up an account, the data provided by you will be transmitted to us and stored irrevocably. The data is not transmitted to any third parties. The following data are collected during registration: your sex, your first name, your last name, your email address, your address as well as your telephone number. At the time of registration, your IP address as well as the date and time of registration will likewise be stored. As part of the registration process, users are asked for their consent to the processing of the data.

10.3 For any additional personal data collected during the sending of the contact form, other than the information in the form, section 3.4 applies.

10.4 You can erase all other data, including your user account, in the customer section. The legal basis for the processing of this data is point (f) of Article 6(1) GDPR.

10.5 As a matter of principle, you can object to the storage of your personal data at any time (cf. section 4 of this Notice). In such case, you will no longer be able to use the portal.

To notify us of your objection, please send an email to datenschutz@niedereggger.de or a message to the contacts listed in the legal notice.

All personal data stored in connection with your registration for or use of the press portal will be erased in such case.

11 Use of Google Analytics
11.1 This website uses Google Analytics, Google Inc.'s ("Google") web analysis service. Google Analytics uses so-called "cookies", text files which are stored on your computer and which allow for your use of our website to be analysed. The information generated by the cookie regarding your use of this website is, as a rule, transmitted to a Google server in the US and stored there. If IP anonymisation is turned on for this website, Google will shorten your IP address prior to transmission in member states of the European Union or other states which are parties to the Agreement on the European Economic Area. Only in exceptional cases will your full IP address be transmitted to a Google server in the US and shortened there. Google will use this information on behalf of the operator of this website in order to analyse your use of the website, compile reports about the website activities, and provide other services to the operator of this website related to the website use and the use of the Internet.

11.2 The IP address transmitted by your browser in connection with Google Analytics, will not be combined with other Google data.

11.3 You can prevent cookies from being placed by adjusting your browser settings accordingly; however, please note that, in such case, you may not be able to make full use of all functions on our website. Moreover, you can prevent the collection of the data generated by the cookie and relating to your use of the website (including your IP address) by Google as well as the processing of these data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

11.4 This website uses Google Analytics with the extension "_anonymizeIp()". This will result in IP addresses being shortened before further processing, so that they cannot be used to identify a specific user. This means that, if any data collected about you does allow you to be personally identifiable, this personal identification is prevented from the outset and the personal data will be erased immediately.

11.5 We use Google Analytics in order to analyse the use of our website and to be able to improve our website on a regular basis. The statistics that we receive allow us to improve our offering and to make our website more interesting for you as a user. For those exceptional cases where personal data is transmitted to the US, Google submitted to the EU-US Privacy Shield https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is point (f) of Article 6(1) sentence 1 GDPR.

11.6 Third-party provided information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms of Service: http://www.google.com/analytics/terms/de.html, overview on data privacy and security: http://www.google.com/intl/de/analytics/learn/privacy.html, and Privacy Policy: http://www.google.de/intl/de/policies/privacy..

11.7 Moreover, this website uses Google Analytics for a device-independent analysis of visitor streams, which is done using a user ID. You can deactivate the device independent analysis of you use in your customer account under "my data", "personal data".

12 Use of social media plug-ins
12.1 We currently use the following social media plug-ins: Facebook, Instagram, Tripadvisor. When you visit our website, no personal data is transmitted to the providers of the plug-ins initially. You can recognize the provider of the plug-in by its first letter or logo. We enable you to communicate directly with the provider of the plugin via the button. Only if you click on the box and activate the plug-in, will the plugin provider receive the information that you have called up the corresponding web page on our website. Moreover, the data specified in section 2 of this Privacy Notice will be transmitted as well. According to information from the respective providers in Germany, in the case of Facebook, the IP address will be an anonymised immediately following collection. Activating the plug-in, personal data from you will be transmitted to the respective plug-in provider and stored there (for US providers, that is in the US). As the plug-in provider collects data especially through cookies, we recommend that you go into your browser's security settings and delete all cookies prior to clicking on the greyed-out box.

12.2 We do not have any influence on the data collected and the data processing transactions, and we also do not know the full extent of the data being collected, the purposes for which they are processed, and the duration for which they are stored. Likewise, we do not have any information on the erasure of the data collected by the plug-in provider.

12.3 The plug-in provider stores the data collected about you as a use profile and uses them for advertising, market research purposes and/or to customize the design of its website. The data is analysed, in particular, (including for users that are not logged in) in order to display interest-based advertising and in order to inform other users of the social network about your activities on our website You have a right to object against the creation of these user profiles, but you will have to check with the respective plug-in provider on how to do so. Through these plug-ins we offer you the opportunity to interact with the social networks and other users so that we can improve our website and make it more interesting for you as a user. The legal basis for the use of the plug-ins is point (f) of Article 6(1) sentence 1 GDPR.

12.4 The data is transmitted regardless of whether you have an account with the plugin provider and are logged in there. If you are logged in at the plug-in provider, any data collected from us about you will be associated directly with the account you have with the plug-in provider. If you click on the activated button and link to the page, the plug-in provider will also store this information in your user account and publicly share this with your contacts. We recommend that you log out on a regular basis after using a social network, in particular, however, prior to activating the button, as this will prevent your data from being associated with your profile at the plug-in provider.

12.5 You can find further information about the purpose and scope of data collection and data processing by the plug-in provider in the Privacy Notices of these providers as indicated below. There, you will also find further information about your rights with regard to data privacy and available settings that allow you to protect your privacy.

12.6 Addresses of the respective plug-in providers and URLs containing their Privacy Notices::

12.6.1 Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA; http://www.facebook.com/policy.php; further information on data collection: http://www.facebook.com/help/186325668085084, http://www.facebook.com/about/privacy/your-info-onother#applications as well as http://www.facebook.com/about/privacy/your-info#everyoneinfo. Facebook has subjected itself to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
12.6.2 Instagram LLC, 1601 Willow Rd, Menlo Park CA 94025, USA; https://help.instagram.com/155833707900388 TripAdvisor LLC, 400 1st Avenue, Needham, MA 02494, USA; https://tripadvisor.mediaroom.com/DE-privacy-policy
12.6.3 TripAdvisor LLC, 400 1st Avenue, Needham, MA 02494, USA; https://tripadvi-sor.mediaroom.com/DE-privacy-policy

13 Your rights
13.1 You have the right of access to information regarding the processing of your personal data (Article 15 GDPR), the right to rectification (Article 16 GDPR), the right o erasure (Article 17 GDPR), as well as, potentially, the right to restriction of processing (Article 18 GDPR). If the processing of your data is based on the legitimate interests of the controller or a third party, you may have the right to object on grounds relating to your particular situation (Article 21 GDPR). Finally, you may have a right to data portability (Article 20 GDPR). The specific prerequisites for the aforementioned rights are based on the General Data Protection Regulation and the German Data Protection Act (Bundesdatenschutzgesetz).

13.2 Moreover, you have the right to complain to the regulatory authority if you feel that your data has been processed in an unlawful manner. This is the regulatory authority incharge of our jurisdiction: Schleswig-Holstein, Landesbeauftragte für Datenschutz Schleswig-Holstein Marit Hansen, Holstenstraße 98, 24103 Kiel.

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Legal Notice

J.G. Niederegger GmbH & Co. KG
Zeissstrasse 1- 7
23560 Lübeck

Authorised to represent:
Angelika Strait-Binder and
J. G. Niederegger Verwaltungsgesellschaft mbH (HR B 659 HL), represented by the

managing directors:
Holger Strait, Angelika Strait-Binder, Anna-Theresa Mehrens-Strait, Elise-Antonie Strait

Contact details:
Tel.: +49(0) - 451/53 01-0
Tel.: +49(0) - 451/53 01-111
Email: info@niederegger.de

Third-party use of the contact details published here for the transmission of unsolicited advertising and information is expressly prohibited. The operator of the website expressly reserves the right to take legal action in the event of unsolicited advertising being sent, e.g. via spam mail.

Commercial register:
J. G. Niederegger GmbH & Co. KG: Lübeck HRA 55,

VAT ID:
VAT ID No. in accordance with section 27a of the German Value Added Tax Act (Umsatzsteuergesetz): DE 135074560

Information relating to section 36 of the German Consumer Dispute Resolution Act (Vebraucherstreitbeilegungsgesetz – VSBG) and the Online Dispute Resolution Platform of the European Union
In accordance with section 36 of the German Consumer Dispute Resolution Act, we hereby inform consumers that J. G. Niederegger GmbH & Co. KG is under no obligation to take part in dispute resolution proceedings before a consumer arbitration body. The company does not participate in proceedings of this kind.
We are, however, under an obligation to make consumers aware of the existence of the Online Dispute Resolution Platform of the European Union (ODR Platform) for settling disputes about online purchases out of court (“ODR Platform”). The Online Dispute Resolution Platform can be accessed under:http://ec.europa.eu/odr

Digital lead agency:
eos new media GmbH & Co. KG
Mönkedamm 9 · 20457 Hamburg
Website: www.eosnewmedia.de
Email: info@eosnewmedia.de

Illustrations (History of Marzipan)
Mario Grasso
Website: www.mariograsso.ch

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Privacy Notice

I hereby agree that J.G. NIEDEREGGER GmbH & Co. KG may store any personal data collected about me in connection with my application and a possible selection procedure for an indefinite period of time. The data may be used to verify if there are any other positions that would be suitable for me and to inform me about these, if applicable. If I have provided so-called special categories of personal data as defined in Article 9 of the General Data Protection Regulation (e.g., information about my health, a severe disability or my ethnic origin) – even though this is not a requirement – my consent also relates to these data.

I am aware that I can withdraw my consent at anytime in writing or text form (e.g., by sending an email to datenschutz@niederegger.de) with effect for the future. My withdrawal of consent thus does not affect the lawfulness of processing and use of my personal data based on other potentially applicable legal bases. I am aware that giving this consent is voluntary and not required for a successful application.

I have taken note of the additional information on data processing in the Datenschutzerklärung.

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