Privacy Policy

Last updated: June 25, 2024

1. Privacy at a Glance

General Information

The following notices provide a simple overview of what happens to your personal data when you visit this website. Personal data is any data by which you can be personally identified. For detailed information on the subject of data protection, please refer to our privacy policy listed below this text.

Data Collection on This Website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. You can find the contact details of the website operator in the section "Notice Concerning the Responsible Party" in this privacy policy.

How do we collect your data?

On the one hand, your data is collected when you provide it to us. This may, for example, be data that you enter into a contact form.

Other data is collected automatically or after your consent when you visit the website by our IT systems. This is mainly technical data (e.g., internet browser, operating system, or time of page view). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Part of the data is collected to ensure the proper functioning of the website. Other data may be used to analyze your user behavior.

What rights do you have regarding your data?

You have the right at any time to receive information free of charge about the origin, recipient, and purpose of your stored personal data. You also have the right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. You also have the right, under certain circumstances, to request that the processing of your personal data be restricted. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

You can contact us at any time regarding this and other questions on the subject of data protection.

Analysis Tools and Third-Party Tools

When visiting this website, your surfing behavior may be statistically analyzed. This is done primarily with so-called analysis programs.

Detailed information about these analysis programs can be found in the following privacy policy.

2. Hosting

We host the content of our website with the following provider:

Hetzner

The provider is Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany (hereinafter: Hetzner).

For details, please refer to the privacy policy of Hetzner: https://www.hetzner.com/legal/privacy-policy.

The use of Hetzner is based on Art. 6 para. 1 lit. f GDPR. We have a legitimate interest in the most reliable presentation of our website. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user's terminal device (e.g., device fingerprinting) within the meaning of the TTDSG. The consent can be revoked at any time.

Order Processing

We have concluded an order processing agreement (OPA) with the above-mentioned provider for the use of the aforementioned service. This is a contract required by data protection law that ensures that the provider only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

3. General Information and Mandatory Information

Data Protection

The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

When you use this website, various personal data is collected. Personal data is data with which you can be personally identified. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

We would like to point out that data transmission on the Internet (e.g., when communicating by e-mail) may have security gaps. Complete protection of data against access by third parties is not possible.

Notice Concerning the Responsible Party

The responsible party for data processing on this website is:

Villa Marcelina LLC
709 SW 56th St
Cape Coral, FL 33914, USA

Telefon: +1 (239) 703 8547
E-Mail: info@villa-marcelina.de

The responsible party is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing of personal data (e.g., names, e-mail addresses, etc.).

Storage Duration

Unless a more specific storage period has been specified within this privacy policy, your personal data will remain with us until the purpose for data processing no longer applies. If you assert a legitimate request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g., retention periods under tax or commercial law); in the latter case, the data will be deleted once these reasons no longer apply.

General Information on the Legal Basis for Data Processing on This Website

If you have consented to data processing, we process your personal data on the basis of Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR, if special categories of data are processed according to Art. 9 para. 1 GDPR. In the case of explicit consent to the transfer of personal data to third countries, data processing is also based on Art. 49 para. 1 lit. a GDPR. If you have consented to the storage of cookies or to the access to information in your terminal device (e.g., via device fingerprinting), data processing is additionally carried out on the basis of Section 25 para. 1 TTDSG. The consent can be revoked at any time. If your data is required for the performance of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6 para. 1 lit. b GDPR. Furthermore, if your data is required for the fulfillment of a legal obligation, we process it on the basis of Art. 6 para. 1 lit. c GDPR. Furthermore, data processing may be carried out on the basis of our legitimate interest according to Art. 6 para. 1 lit. f GDPR. Information about the relevant legal basis in each individual case is provided in the following paragraphs of this privacy policy.

Recipients of Personal Data

As part of our business operations, we work with various external parties. In some cases, the transfer of personal data to these external parties is also necessary. We only pass on personal data to external parties if this is necessary for the fulfillment of a contract, if we are legally obliged to do so (e.g., passing on data to tax authorities), if we have a legitimate interest in passing on data according to Art. 6 para. 1 lit. f GDPR, or if another legal basis permits the passing on of data. When using data processors, we only pass on personal data of our customers on the basis of a valid order processing agreement. In the case of joint processing, a joint processing agreement is concluded.

Revocation of Your Consent to Data Processing

Many data processing operations are only possible with your express consent. You can revoke consent you have already given at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

Right to Object to Data Collection in Special Cases and to Direct Marketing (Art. 21 GDPR)

IF THE DATA PROCESSING IS CARRIED OUT ON THE BASIS OF ART. 6 PARA. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA CONCERNED UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS, AND FREEDOMS, OR THE PROCESSING SERVES THE PURPOSE OF ASSERTING, EXERCISING, OR DEFENDING LEGAL CLAIMS (OBJECTION UNDER ART. 21 PARA. 1 GDPR).

IF YOUR PERSONAL DATA IS PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING INSOFAR AS IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION PURSUANT TO ART. 21 PARA. 2 GDPR).

Right to Lodge a Complaint with the Competent Supervisory Authority

In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, their place of work, or the place of the alleged violation. The right to lodge a complaint is without prejudice to any other administrative or judicial remedy.

Right to Data Portability

You have the right to have data that we process automatically on the basis of your consent or in performance of a contract handed over to you or to a third party in a commonly used, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.

Information, Correction, and Deletion

Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient, and the purpose of the data processing and, if applicable, a right to correction or deletion of this data. For this purpose, as well as for further questions on the subject of personal data, you can contact us at any time.

Right to Restriction of Processing

You have the right to request the restriction of the processing of your personal data. For this purpose, you can contact us at any time. The right to restriction of processing exists in the following cases:

If you dispute the accuracy of your personal data stored by us, we usually need time to verify this. For the duration of the verification, you have the right to request the restriction of the processing of your personal data.
If the processing of your personal data happened/is happening unlawfully, you can request the restriction of data processing instead of deletion.
If we no longer need your personal data, but you need it to exercise, defend, or assert legal claims, you have the right to request the restriction of the processing of your personal data instead of deletion.
If you have lodged an objection pursuant to Art. 21 para. 1 GDPR, a balancing of your and our interests must be carried out. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data may - apart from being stored - only be processed with your consent or for the assertion, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the European Union or a Member State.

SSL or TLS Encryption

For security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

4. Data Collection on This Website

Cookies

Our Internet pages use so-called "cookies". Cookies are small data packets and do not cause any damage to your terminal device. They are stored either temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your terminal device. Session cookies are automatically deleted after your visit. Permanent cookies remain stored on your terminal device until you delete them yourself or until they are automatically deleted by your web browser.

Cookies may be set by us (first-party cookies) or by third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services from third-party companies within websites (e.g., cookies for processing payment services).

Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g., the shopping cart function or the display of videos). Other cookies may be used to analyze user behavior or for advertising purposes.

Cookies that are required to carry out the electronic communication process, to provide certain functions that you have requested (e.g., for the shopping cart function), or to optimize the website (e.g., cookies to measure the web audience) are stored on the basis of Art. 6 para. 1 lit. f GDPR, unless another legal basis is specified. The website operator has a legitimate interest in the storage of such cookies for the technically error-free and optimized provision of its services. If consent to the storage of cookies and comparable recognition technologies has been requested, processing is carried out exclusively on the basis of this consent (Art. 6 para. 1 lit. a GDPR and Section 25 para. 1 TTDSG); the consent can be revoked at any time.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be limited.

You can find information on which cookies and services are used on this website in this privacy policy.

Server Log Files

The website provider automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

Browser type and browser version
Operating system used
Referrer URL
Host name of the accessing computer
Time of the server request
IP address

This data is not merged with other data sources.

This data is collected on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimization of its website - for this purpose, the server log files must be collected.

Contact Form

When you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not pass on this data without your consent.

The processing of this data is based on Art. 6 para. 1 lit. b GDPR, if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective handling of the inquiries addressed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art. 6 para. 1 lit. a GDPR) if this has been requested; the consent can be revoked at any time.

The data you enter in the contact form will remain with us until you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies (e.g., after your request has been processed). Mandatory legal provisions - in particular retention periods - remain unaffected.

Inquiry by Email, Phone, or Fax

If you contact us by email, phone, or fax, your inquiry including all resulting personal data (name, inquiry) will be stored and processed by us for the purpose of processing your request. We do not pass on this data without your consent.

The data you send to us via contact requests will remain with us until you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies (e.g., after your request has been processed). Mandatory legal provisions - in particular statutory retention periods - remain unaffected.

5. Plugins and Tools

Google Fonts (Local Hosting)

This site uses so-called Google Fonts, which are provided by Google, for the uniform representation of fonts. The Google Fonts are installed locally. A connection to Google servers does not take place.

For more information about Google Fonts, see https://developers.google.com/fonts/faq and Google's privacy policy: https://policies.google.com/privacy?hl=en.

Google Maps

This site uses the mapping service Google Maps. The provider is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland. This service allows us to embed map material on our website.

To use the functions of Google Maps, it is necessary to store your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer. If Google Maps is activated, Google may use Google Fonts for the purpose of the uniform display of fonts. When you call up Google Maps, your browser loads the required web fonts into its browser cache to display text and fonts correctly.

The use of Google Maps is in the interest of an appealing presentation of our online offerings and easy findability of the places we specify on the website. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and Section 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user's terminal device (e.g., device fingerprinting) within the meaning of the TTDSG. The consent can be revoked at any time.

The data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://privacy.google.com/businesses/gdprcontrollerterms/ and https://privacy.google.com/businesses/gdprcontrollerterms/sccs/.

For more information on the handling of user data, please refer to Google's privacy policy: https://policies.google.com/privacy?hl=en.

The company has a certification under the "EU-US Data Privacy Framework" (DPF). The DPF is an agreement between the European Union and the United States that aims to ensure compliance with European data protection standards for data processing in the United States. Every company certified under the DPF commits to upholding these data protection standards. Further information on this can be obtained from the provider under the following link: https://www.dataprivacyframework.gov/participant/5780.

Cloudflare Turnstile

We use Cloudflare Turnstile (hereinafter "Turnstile") on this website. The provider is Cloudflare Inc., 101 Townsend St., San Francisco, CA 94107, USA (hereinafter "Cloudflare").

The purpose of Turnstile is to determine whether the data input on this website (e.g., in a contact form) is made by a human or by an automated program. To do this, Turnstile analyzes the behavior of the website visitor based on various characteristics.

This analysis starts automatically as soon as the website visitor enters a website with Turnstile activated. For the analysis, Turnstile evaluates various information (e.g., IP address, time spent by the website visitor on the website, or mouse movements made by the user). The data collected during the analysis is forwarded to Cloudflare.

The storage and analysis of the data is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in protecting its web offerings from abusive automated spying and from SPAM. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and Section 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user's terminal device (e.g., device fingerprinting) within the meaning of the TTDSG. The consent can be revoked at any time.

Data processing is based on standard contractual clauses, which you can find here: https://www.cloudflare.com/cloudflare-customer-scc/.

For more information about Cloudflare Turnstile, please refer to the privacy policy at https://www.cloudflare.com/cloudflare-customer-dpa/.

Source: https://www.e-recht24.de