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data protection

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Data protection

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Thank you for your interest in our company. Data protection is of a particularly high priority for the management of the Pad Thai restaurant. It is generally possible to use the Pad Thai Restaurant website without providing any personal data. However, if a data subject wishes to make use of our company's special services via our website, it may be necessary to process personal data. 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, for example the name, address, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to Pad Thai Restaurant. 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 about their rights by means of this data protection declaration.

As the controller, the Pad Thai Restaurant has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through 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 Pad Thai Restaurant 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 easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

We use the following terms in this data protection declaration:


a)   personal data

Personal data is all information that relates to an identified or identifiable natural person (hereinafter "data subject"). A natural person is regarded as identifiable who, 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 one or more special features that express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person can be identified.


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b)   affected person

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


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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 the collection, recording, organization, ordering, storage, adaptation or change, reading, querying, use, Disclosure through transmission, distribution or any other form of provision, comparison 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.

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e)   Profiling

Profiling is any type of automated processing of personal data that consists of 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 To analyze or predict the preferences, interests, reliability, behavior, whereabouts or relocation of this natural person.



f)   Pseudonymization

Pseudonymization is the processing of personal data in a way in which 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 stored separately and is subject to technical and organizational measures that ensure that the personal data cannot be assigned to an identified or identifiable natural person.



G)   Responsible person or person responsible for processing

The person responsible or the person responsible for the 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 appointment can be provided for in accordance with Union law or the law of the member states.



H)   Processor

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



i)     recipient

Recipient is a natural or legal person, 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 as part of a specific investigation under Union law or the law of the member states are not considered recipients.



j)     Third

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



k)   consent

Consent is any declaration of intent voluntarily given by the data subject in an informed manner and unequivocally in the form of a declaration or other unequivocal affirmative action with which the data subject indicates that they consent to the processing of their personal data is.

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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:

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Sukanya Chaicharoensin

Kirchenstrasse 96

81675 Munich

Germany

Tel .: 08954804766

E-mail:  info@padthaimuenchen.com

Website: padthaimuenchen.com



3. Cookies

The Internet pages of the Pad Thai Restaurant use cookies. Cookies are text files that are stored and stored on a computer system via an internet browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

Through the use of cookies, the Pad Thai restaurant can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

Using a cookie, the information and offers on our website can be optimized in the interests of the user. As already mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter their access data every time they visit the website, because this is done by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping cart in the online shop. The online shop uses a cookie to remember the items that a customer has placed in the virtual shopping cart.

The person concerned can prevent the setting of cookies by our website at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common internet browsers. If the person concerned deactivates the setting of cookies in the internet browser used, not all functions of our website may be fully usable.



4. Collection of general data and information

The website of the Pad Thai restaurant collects a series of general data and information each time the website is accessed by a data subject or an automated system. These general data and information are stored in the server's log files. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the sub-websites that 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 that serve to avert danger in the event of attacks on our information technology systems.

When using these general data and information, the Pad Thai Restaurant does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the content of our website, (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 statistically evaluated by the Pad Thai restaurant on the one hand and furthermore 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 processed by us. The anonymous data in the server log files are stored separately from all personal data provided by a data subject.



5. Registration on our website

The data subject has the option of registering on the website of the controller by providing personal data. Which personal data are transmitted to the person responsible for the processing results from the respective input mask that is used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the person responsible for processing and for their own purposes. The person responsible for processing can arrange for the data to be passed on to one or more processors, for example a parcel service provider, who also uses the personal data exclusively for internal use attributable to the person responsible for processing.

By registering on the website of the person responsible for processing, the IP address assigned by the Internet service provider (ISP) to the person concerned, the date and time of registration are also saved. This data is stored against the background that this is the only way to prevent misuse of our services and, if necessary, to enable criminal offenses to be investigated. In this respect, the storage of this data is necessary to protect the person responsible for processing. This data is generally not passed on to third parties unless there is a legal obligation to pass it on or it is used for criminal prosecution.

The registration of the data subject with the voluntary provision of personal data enables the data controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to change the personal data provided during registration at any time or to have them completely deleted from the database of the person responsible for processing.

The person responsible for processing provides information to each person concerned at any time upon request about which personal data is stored about the person concerned. Furthermore, the person responsible for processing corrects or deletes personal data at the request or advice of the person concerned, provided that there are no statutory retention requirements. All of the employees of the person responsible for processing are available to the data subject as contact persons in this context.



6. Subscription to our newsletter

On the Pad Thai restaurant's website, users are given the opportunity to subscribe to our company's newsletter. Which personal data is transmitted to the person responsible for processing when the newsletter is ordered results from the input mask used for this purpose.

The Pad Thai Restaurant informs its customers and business partners at regular intervals by means of a newsletter about the company's offers. Our company's newsletter 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 to receive the newsletter. For legal reasons, a confirmation e-mail will be sent to the e-mail address entered by a person concerned for the first time for the newsletter dispatch using the double opt-in procedure. This confirmation email is used to check whether the owner of the email address, as the person concerned, has authorized the receipt of the newsletter.

When registering for the newsletter, we also save 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 trace the (possible) misuse of the e-mail address of a data subject at a later point in time and therefore serves to provide legal protection for the person responsible for processing.

The personal data collected when 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 a relevant registration, as this could be the case in the case 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 data subject can cancel the subscription to our newsletter at any time. The consent to the storage of personal data that the data subject 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 withdrawing consent. It is also possible to unsubscribe from the newsletter dispatch directly on the website of the person responsible for processing or to inform the person responsible for processing of this in another way.



7. Newsletter tracking

The Pad Thai restaurant's newsletters contain 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 enables a statistical evaluation of the success or failure of online marketing campaigns to be carried out. Based on the embedded tracking pixel, the Pad Thai restaurant can recognize whether and when an e-mail was opened by a data subject and which links in the e-mail were called up by the data subject.

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 better adapt the content of future newsletters to the interests of the person concerned. These 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 Pad Thai restaurant automatically interprets a cancellation from the receipt of the newsletter as a revocation.



8. Contact options via the website

The website of the Pad Thai restaurant 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 data subject contacts the person responsible for processing by email or a contact form, the personal data transmitted by the data subject will be automatically saved. Such personal data transmitted on a voluntary basis by a data subject to the person responsible for processing are stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.



9. Routine deletion and blocking of personal data

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

If the purpose of storage no longer applies or if a storage period prescribed by the European directives and regulations or another responsible legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.



10. Rights of the data subject



a)   Right to confirmation

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



b) Right to information

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

Furthermore, the data subject has the 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 data subject has the right to receive information about the appropriate guarantees in connection with the transmission.

If a data subject wishes to make use of this right to information, they can contact an employee of the person responsible for processing at any time.



c)   Right to rectification

Every person affected by the processing of personal data has the right granted by the European directives and regulations to request 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 - including by means of a supplementary declaration.

If a data subject wishes to exercise this right to rectification, they can contact an employee of the person responsible for processing 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 legislator of directives and regulations to demand that the person responsible delete the personal data concerning them immediately, provided that one of the following reasons applies and insofar as the processing is not necessary:

If one of the above-mentioned reasons applies and a person concerned wants to have personal data stored at the Pad Thai restaurant deleted, they can contact an employee of the person responsible for processing at any time. The Pad Thai Restaurant employee will arrange for the deletion request to be complied with immediately.

If the personal data has been made public by the Pad Thai restaurant and our company, as the person responsible, is obliged to delete the personal data in accordance with Art. 17 Paragraph 1 GDPR, the Pad Thai restaurant will take appropriate measures, taking into account the available technology and the implementation costs , also of a technical nature, in order to inform other data processors who process the published personal data that the data subject has requested the deletion of all links to this personal data or copies or replications of these other data processors has requested personal data insofar as the processing is not necessary. The employee of the Pad Thai restaurant will arrange the necessary in individual cases.

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

  • The data subject revokes their consent, on which the processing was based in accordance with 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 in accordance with Art. 21 Paragraph 1 GDPR, and there are no overriding legitimate reasons for the processing, or the data subject objects in accordance with Art. 21 Paragraph 2 GDPR to the Processing a.

  • The personal data was processed unlawfully.

  • The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the member states to which the person responsible is subject.

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



e)   Right to restriction of processing

Any person affected by the processing of personal data has the right, granted by the European legislator of directives and regulations, to require the controller to restrict processing if one of the following conditions is met:

If one of the above conditions is met and a person concerned would like to request the restriction of personal data stored at the Pad Thai restaurant, they can contact an employee of the person responsible for processing at any time. The employee of the Pad Thai restaurant will arrange for the processing to be restricted.

  • The correctness of the personal data is contested by the data subject for a period that enables the person responsible to check the correctness of the personal data.

  • The processing is unlawful, the person concerned refuses to delete the personal data and instead requests that the use of the personal data be restricted.

  • 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 person concerned has lodged an objection to the processing in accordance with Art. 21 Paragraph 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh those of the person concerned.



f)   Right to data portability

Every person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to receive the personal data concerning them, which have been made available to a responsible party by the person concerned, in a structured, common and machine-readable format. You also have the right to transfer 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 GDPR or Art. 9 Para . 2 letter a DS-GVO or on a contract according to Art. 6 para. 1 letter b DS-GVO and the processing is carried out using automated procedures, unless the processing is 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 assigned to the person responsible.

Furthermore, when exercising their right to data portability in accordance with Art. 20 (1) GDPR, the data subject has the right to have the personal data transmitted directly from one person responsible to another, insofar as this is technically feasible and if this does not affect the rights and freedoms of other persons.

To assert the right to data portability, the person concerned can contact an employee of the Pad Thai restaurant 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 that arise from their particular situation, to object at any time to the processing of personal data relating to them, which is based on Art. 6 Para. 1 Letter e or f DS-GVO takes place to object. This also applies to profiling based on these provisions.

In the event of an objection, the Pad Thai Restaurant will no longer process the personal data, unless we can prove compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or Defense of legal claims.

If the Pad Thai restaurant processes personal data in order to operate direct mail, the data subject 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 processing of the Pad Thai restaurant for direct marketing purposes, the Pad Thai restaurant will no longer process the personal data for these purposes.

In addition, the data subject has the right, for reasons that arise from their particular situation, to object to the processing of personal data relating to them, which is carried out at the Pad Thai restaurant for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 DS -GVO take an objection, unless such processing is necessary to fulfill a task in the public interest.

To exercise the right to object, the person concerned can contact any employee of the Pad Thai restaurant or another employee directly. In connection with the use of information society services, irrespective of Directive 2002/58 / EC, the person concerned is also free to exercise their right of objection by means of automated procedures in which technical specifications are used.



H)   Automated decisions in individual cases including profiling

Every person affected by the processing of personal data has the right granted by the European legislator of directives and regulations not to be subjected to a decision based solely on automated processing - including profiling - which has legal effect on them or similarly significantly affects them, if the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the person responsible, or (2) is permissible on the basis of Union or Member State law to which the person responsible is subject and these legal provisions take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject or (3) is made with the express consent of the data subject.

If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the person responsible or (2) it is made with the express consent of the data subject, the Pad Thai Restaurant takes appropriate measures to safeguard the rights and freedoms as well as the To safeguard the legitimate interests of the data subject, including at least the right to obtain intervention by a person on the part of the person responsible, to express their own point of view and to contest the decision.

If the data subject wishes to assert rights with regard to automated decisions, they can contact an employee of the person responsible for processing 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 legislator of directives and regulations to revoke their consent to the processing of personal data at any time.

If the person concerned wishes to assert their right to withdraw consent, they can contact an employee of the person responsible for processing at any time.



11. Legal basis for processing

Art. 6 I lit. a GDPR 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 a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are required to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, for example to fulfill tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, it may be necessary to process personal data in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were injured 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 safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the person concerned do not prevail. We are particularly permitted to carry out such processing operations 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 person concerned is a customer of the person responsible (recital 47 sentence 2 GDPR).



12. Legitimate interests in the processing that are being 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 the conduct of our business activities for the benefit of all our employees and our shareholders.



13. 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 period has expired, the relevant data is routinely deleted, provided that it is no longer required for contract fulfillment or contract initiation.



14. Legal or contractual provisions for the provision of 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 explain to you that the provision of personal data is in part required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). In order to conclude a contract, it may sometimes be necessary for a data subject to provide us with personal data that we subsequently have to process. For example, the data subject is obliged to provide us with personal data when our company concludes a contract with them. Failure to provide personal data would mean that the contract could not be concluded with the person concerned. Before the person concerned provides personal data, the person concerned must contact one of our employees. Our employee explains to the person concerned 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 consequences the failure to provide the personal data would have.



15. 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 DGD Deutsche Gesellschaft für Datenschutz GmbH, which as  External data protection officer in Munich  is active in cooperation with the  Data protection lawyer Christian Solmecke  created.

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