Data privacy Policy

The basis of effective data protection is comprehensive information about the collection, processing and use of your data ("data processing"). Therefore, we would like to inform you,

- When and for which actions we process data

- Which data we process for which reasons

- Who receives data

- Which rights you have because of the data processing through us.


This Privacy Policy only governs the use of personal information on our website www.lemke.berlin including its subpages. If you leave our website via a link or visit our page on a social media platform, you also leave the scope of this data protection declaration.

The transmission of information to or from this website is secured with TLS encryption.

You can retrieve, print or download this data protection declaration permanently and at any time at the address https://www.lemke.berlin/datenschutz.


I. CONTACT DETAILS


Responsible for data processing within the scope of this website within the meaning of the General Data Protection Regulation (GDPR):

Lemke-Brew-Systems GmbH & Co. KG

Represented by its executive director Oliver Lemke

Kantstr. 63 A

10627 Berlin

datenschutz@lemke.berlin


II. GENERAL INFORMATION ON DATA PROCESSING


1. Scope of processing of personal data

The provision of this website requires the processing of various information. In addition, the scope of data processing depends on your use of the functionalities of this website, for instance if you communicate with us or consent to the processing of data.

When visiting our website, you are not obliged to provide us with personal data. However, if the provision of this data is technically required for accessing our site, you will be unable to enter and use our website in case of your refusal.

If you conclude a contract with us or one of our affiliated enterprises through the website, e.g. for a tour of the brewery, you may be contractually or legally obliged to provide personal data, especially if this is necessary to fulfil your own contractual or legal duties. In this respect, you might be liable for administrative fines or damages if you fail to provide the required data. Where the provision of your data is necessary for the fulfilment of our duties, there is an obligation on your part. A refusal may result in the loss of your entitlement to benefits as well as administrative fines.

As a visitor to our websites, you are not subject to any automated decision-making according to Article 22 GDPR


  1. 2. Legal basis of processing of personal data

The following legal bases apply to the processing of personal data on this website.


Reason for Data Processing: Performance of a contract or steps prior to entering into a contract

Legal basis in GDPR: Art. 6 (1) b)

Explanation: Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; unless expressly stated otherwise, data processing by us shall only be carried out to the extent of the following


Reason for Data Processing: Legitimate Interests

Legal basis in GDPR: Art. 6 (1) f)

Explanation: Processing will take place if we have a legitimate interest and no contrary overriding interests of the data subject are apparent. The concrete interest is explained in this data protection declaration within the framework of the processing presentation.


Reason for Data Processing: Consent

Legal basis in GDPR: Art. 6 (1) a)

Explanation: Data processing takes place where you have expressly agreed to the type and scope of the data processing. You can withdraw your consent at any time with effect for the future. However, the processing carried out up to this point in time will not be affected.


Reason for Data Processing: Legal Obligation

Legal basis in GDPR: Art. 6 (1) c)

Explanation: Processing is necessary for compliance with a obligation under German or European law to which the controller is subject;


  1. 3. Erasure and storage of data

We delete personal data as soon as the legal basis for its processing expires. In some cases, however, legal bases can also co-exist. With the elimination of one legal basis, a new one can apply, such as, for example, the obligation to store certain data to fulfil a legal data retention period.


III. DATA PROCESSING FOR THE PROVISION OF THE WEBSITE


In order for us to display the website to you, it is necessary to process certain information. This is already done when you visit our website. In addition, we offer various functionalities on our website which require further data processing.


  1. 1. Log Files

When you visit our website, your browser sends various information to our server. We need these to establish and maintain the connection. Among the data is also your IP address, which we treat as personal data. In addition, the following data is collected:

- Date and time of visit

- Request successful/ not successful

 - Requested data volume

- Referer (previous page)

- Browser/ version

- Operating system/ version

We store this data in so-called server log files. This data is not combined with any other data about you. The storage of log files including your IP address serves the legitimate interest of providing our website and preventing misuse. Stored log files will be deleted after 30 days at the latest, unless longer storage is necessary, for example to prevent or clarify an attack on our website.


  1. 2. Technical Cookies

We use cookies to establish and maintain the connection. A cookie is a small text file containing information transmitted by your browser and stored on your computer. These cookies do not contain any personal data. You can also control the use of cookies in your browser and delete cookies yourself at any time. Cookies may be required to establish a connection or to improve the use of the website.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

The use of technically conditioned cookies and the associated data processing takes place due to our legitimate interest in a technically flawless and convenient way of using our website. Technically conditioned cookies are usually deleted automatically when you close your browser (session cookies), in other cases only after some time (persistent cookies). The duration of storage of persistent cookies is determined by the provider and can be viewed by you in your browser, for example.


  1. 3. Reservations

You can book a guided tour or a tasting in our brewery through the website. To do this, you must fill in all the fields marked as mandatory on the booking form on our website and send it off. Any other data which you transmit to us within your inquiry including via the free text field, are voluntary.

We use the transmitted data exclusively for the planning, execution and billing of the tour. The guided tour or tasting tour will always take place in our Brauhaus Lemke am Hackeschen Markt which is operated by Lemkes Spezialitätenbrauerei GmbH, Dircksenstraße, S-Bahnbogen 143, 10178 Berlin (hereinafter referred to as „Brauhaus am Hackeschen Markt“). The data will be passed on to Brauhaus am Hackeschen Markt for planning and execution.

The legal basis for the processing is thus the necessity for the execution of the contractual relationship created by the registration or the execution of the pre-contractual measures.


Reservations for a table are made via the OpenTable booking tool of Open Table Inc., operated in Germany by OpenTable GmbH, Zeil 109, Frankfurt 60313 (hereinafter referred to as "OpenTable"). In the event of a reservation, we receive the data provided by OpenTable and process it solely for the purpose of making the reservation. OpenTable's privacy policy https://www.opentable.de/legal/privacy-policy and its terms of use https://www.opentable.de/legal/terms-and-conditions apply to the data processing by OpenTable.


  1. 4. Video surveillance in the breweries

Certain areas of our breweries and facilities are monitored by video for security reasons. If you enter the respective area, your personal data will be processed accordingly.

The legal basis for data processing is our legitimate interest in protecting our premises and facilities from unauthorised access or its traceability within the framework of Art. 6 para. 1 f) GDPR. You can prevent data processing by avoiding the monitored areas. Depending on which activities are recorded, the storage can also serve to fulfil a legal obligation according to Art. 6 para. 1 c) GDPR, to protect vital interests according to Art. 6 para. 1 d) GDPR or to perform a task in the public interest according to Art. 6 para. 1 d) GDPR.

The records are generally deleted or overwritten after a storage period of 7 days. If the recordings indicate unauthorised access or other circumstances in which we believe there is a need for documentation, the recordings will be stored until such time as our justified interest in this matter ceases to exist. In individual cases, a longer storage period can also intervene in the course of the aforementioned legal bases.


  1. 5. Invitation to events, use of MailChimp

We may use your e-mail address, which we have received as part of an ongoing business relationship, to invite you to events at the brewery. You can object to this use of your e-mail address at any time without incurring any additional costs.

We use the e-mail provider MailChimp, The Rocket Science Group LLC, 675 Ponce de Leon Avenue NE, Suite 5000, Atlanta, GA 30308, USA ("MailChimp") to send the e-mails. The data is transmitted to MailChimp in the US and stored there. In addition to the mailing MailChimp offers various analysis options for sent e-mails in order to find out if, when and where the sent invitation is opened, used or rejected. MailChimp uses cookies and similar technologies for this purpose.

You can contradict the mailing at any time with effect for the future, easiest by clicking on the respective link to unsubscribe in the mailing itself. Alternatively, you can also send your withdrawal to datenschutz@lemke.berlin.

This processing of your data is based on our legitimate interest in presenting and offering our own services. We store the data for this purpose until you object to its use or until our legitimate interest no longer applies.

At the following internet addresses you will find further information about the data protection regulations of MailChimp:

https://mailchimp.com/legal/privacy/

https://mailchimp.com/legal/cookies/


  1. 6. E-mails

If you send us electronic mail to the e-mail addresses provided on these websites, the data will be processed depending on the content of the message. The legal basis can then be performance of a contract or steps prior to entering into a contract, compliance with a legal obligation or our legitimate interest (see para II. 2. above).


  1. 7. Google Maps

On our website, we use the Google Maps (API) map service from Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google") to display our location.

When you enter the subpage on which the Google Maps map is integrated, our website sends a variety of information, including your IP address, to Google in the United States, where it is stored on their servers. If you have a user account with Google and are logged in there at the time of your visit to our website, the data is directly assigned to your account. But even without a user account, Google creates a user profile about you. This takes place regardless of whether Google provides a user account that you are logged in to or whether there is no user account.

Our transmission of data to Google is based on our legitimate interest in offering you the Google Maps map function on our website.

You can prevent the allocation of the data transmitted by us to your account by logging out of Google before you visit our website. In order to completely prevent data transmission to Google, you must switch off the JavaScript application in your browser. The map display can then no longer be used.

Further information about Google and the use of Google Maps can be found here:

  • - Google Terms of Use: http://www.google.de/intl/de/policies/terms/regional.html
  • - Terms of use for Google Maps: https://www.google.com/intl/de_US/help/terms_maps.html
  • - Google's Privacy Policy: http://www.google.de/intl/de/policies/privacy/


IV. USAGE ANALYSIS AND TRACKING


We would like to further improve the usability of this website and the attractiveness of our services. For this reason, we also collect data on usage behavior, when you visit our website and evaluate it for this purpose. For this reason, the following tracking and analytic cookies are used on our website in addition to the technically required cookies shown above.

The legal basis of data processing for analystic purposes is our legitimate interest in a statistical evaluation of your user behaviour in order to be able to constantly optimize and better market our website and our services.

Data processing for usage analysis takes place during your visit to our website and only up to the time of your effective objection.


  1. 1. Google (Universal) Analytics

This website uses Google Analytics, a web analysis service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google collects information about your use of this website (including your IP address) in the USA via a cookie, and stores this information. However, we use Google Analytics exclusively with an anonymisation function in which the IP address is reduced before Google transmits it within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to Google in the USA and only shortened there. Google analyses the information collected and sends us reports on the usage activities on our website and provides us with additional services for this purpose. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data.

In addition to blocking all cookies by your browser, you can prevent Google from processing your data by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en


You can find more information about Google Analytics in Google's privacy policy:

https://support.google.com/analytics/answer/6004245?hl=e.


V. RIGHT TO OBJECT AND RIGHT TO WITHDRAW CONSENT


If the data processing is based on your consent or our legitimate interest, you have the right to object to the processing or to withdraw your consent at any time. Your objection or withdrawal only has an effect for the future. Where the analytic cookies used offer their own technical options for deactivation, this explained above. You may contact us at any time to exercise your right of objection or revocation to o.lemke@lemke.berlin. If you object to processing on the basis of our legitimate interest, we may, except in cases of direct marketing, nevertheless continue processing if we can prove compelling reasons worthy of protection which outweigh your interests, rights and freedoms.


VI. RIGHTS OF DATA SUBJECTS


If your personal data is processed, you are a data subject within the meaning of Art. 4 para. 1 GDPR. As data subject, you have the following rights with regard to your personal data. To exercise these rights, please contact us using the contact details above.


Right of access by the data subject according to Art. 15 GDPR

You have a right of access concerning your personal data processed by us. This includes the mandatory information set out in Art. 15 GDPR.

Right to rectification according to Art. 16 GDPR

You have the right to request the immediate correction of inaccurate personal data and the completion of incomplete personal data.

Right to erasure according to Art. 17 GDPR

You have the right to request the erasure of your personal data if one of the grounds mentioned in Art. 17 GDPR applies, in particular if there is no longer a legal basis for the processing.

Right to restriction of processing according to Art. 18 GDPR

You have the right to request the restriction of the processing of your personal data if one of the grounds mentioned in Art. 18 GDPR applies, in particular at your request instead of deleting the data.

Right to data portability according to Art. 20 GDPR

You have the right to request all personal data stored by us about you in a structured, commonly used and machine-readable format or to transmit this data to another controller without obstruction by the controller to whom the personal data was made available.

Right to lodge a complaint with a supervisory authority according to Art. 77 GDPR

According to Art. 77 GDPR, you have the right to file a complaint with the supervisory authority responsible for you.


VII. RECIPIENT OF DATA


Some of the processing of your personal data on the website is also carried out by data processors, in particular the hosting of the website, the mailing of newsletters and the use of analytic tools. These are included exclusively on the basis of an agreement about the commissioned data processing in accordance with Art. 28 para. 3 GDPR.


VIII. DATA TRANSFER TO THIRD COUNTRIES


The personal data we collect from you through this website will to some extend be transferred to countries outside the European Economic Area. This is particularly the case with the integration of the services of Google and MailChimp described above.

The data is stored in the US and thus in a so-called "third country" according to Art. 44 GDPR.

Both providers are certified under the "EU-US Privacy Shield" which guarantees compliance with a European data protection level.



Last updated: October 2018


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