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Data protection declaration according to the DSGVO


[Attention: This is an automatically generated translation of the original German version. Translation errors are not excluded. In case of doubt, the German original version shall apply!]

We have always taken data protection seriously and practiced it.

For our guests and/or users from the EU, we amend our data protection declaration in accordance with the current laws of the European Union (DSGVO).

This also applies to all guests and/or users from all other nations.

This version of the data protection declaration was made available online on our website on 05.07.2019.


I. Name and address of the person responsible

The person responsible within the meaning of the Basic Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:

Kirchner Touristik (pvt.) ltd.

276.85 Rajawatta, Wellabada

80550 Balapitiya

Sri Lanka

Phone: +94 (0)91 2264946

E-mail: kirchner-touristik(at)freenet.de

Website: www.raja-beach-hotel.com


II. Name and address of the data protection officer

The data protection officer of the person responsible is:

Steffen Kirchner

Kirchner Touristik (pvt.) ltd.

276.85 Rajawatta, Wellabada

80550 Balapitiya

Sri Lanka

Phone: +94 (0)91 2264946

E-mail: kirchner-touristik(at)freenet.de

Website: www.raja-beach-hotel.com


III. General information on data processing

1. Scope of the processing of personal data

We only process personal data of our users if this is necessary to provide a functional website as well as our contents and services. The processing of personal data of our users takes place regularly only after consent of the user. An exception applies in those cases where prior consent cannot be obtained for real reasons and the processing of the data is permitted by law.

2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU Data Protection Ordinance (DSGVO) serves as the legal basis.

In the processing of personal data required for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b DSGVO serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c DSGVO serves as the legal basis.

In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) DSGVO serves as the legal basis.

If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f DSGVO serves as the legal basis for processing.

3. Data erasure and storage time

The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.


IV. Provision of the website and creation of log files

1. Apart from what is absolutely necessary for the system, no data is collected and stored during the visit and navigation on the website. Data will be collected using external links like "Book Now" or "Check availability" by our external partners.

Update: Please read also Position VI. Google Analytics.

2. Legal basis for data processing

The legal basis for the temporary storage of data is Art. 6 para. 1 lit. f DSGVO.

3. Purpose of data processing

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this the IP address of the user must remain stored for the duration of the session.

Our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f DSGVO also lies in these purposes.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

5. Possibility of opposition and elimination

The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

V. Use of cookies

a) Description and scope of data processing

Update: Please read also Position VI. Google Analytics.

Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. If a user visits a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic character string that enables a unique identification of the browser when the website is called up again.

If you click the "Book now" button or the "Search" button for room enquiries, you will be forwarded to our external partner Freetobook. This uses cookies. For details, please refer to its privacy policy (Privacy & Cookies), which can be accessed at the bottom of the website.


VI. Google Analytics

We use Google Analytics to analyze website usage. The resulting data is used to optimise our website and advertising measures.

Google Analytics is a web analytics service provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, United States). Google processes the data for website use on our behalf and is contractually obligated to take measures to ensure the confidentiality of the data processed.

During your visit to our website the following data will be recorded:

- Pages viewed

- Your behaviour on the pages (e.g. clicks, scrolling behaviour and length of stay)

- Your approximate location (country and city)

- Your IP address (in abbreviated form, so that no unambiguous assignment is possible)

- Technical information such as browser, Internet provider, terminal device and screen resolution

- Source of your visit (i.e. via which website or advertising medium you came to us)

This data is transferred to a Google server in the USA. Google will comply with the data protection provisions of the EU-US Privacy Shield Agreement.

Google Analytics stores cookies in your web browser for a period of two years since your last visit. These cookies contain a randomly generated user ID that can be used to recognize you when you visit a website in the future.

The recorded data is stored together with the randomly generated user ID, which enables the evaluation of pseudonymous user profiles. These user-related data are automatically deleted after 14 months. Other data remain stored in aggregated form indefinitely.

If you do not agree with the collection, you can prevent this by installing the browser add-on on to deactivate Google Analytics.

Source: traffic3.net


VII: Google reCaptcha

We use the Google service reCaptcha to determine whether a person or a computer makes a specific entry in our contact or newsletter form. Google uses the following information to determine if you are a human being or a computer: IP address of the terminal device you are using, the website you are visiting and on which the captcha is integrated, the date and duration of the visit, the identification data of the browser and operating system type used, Google account if you are logged in to Google, mouse movements on the reCaptcha areas and tasks for which you must identify images. The legal basis for the described data processing is Art. 6 para. 1 lit. f General Data Protection Regulation. There is a legitimate interest on our part in this data processing to ensure the security of our website and to protect us from automated input (attacks).


VIII. Contact form and e-mail contact

1. description and scope of data processing

There is a contact form on our website which can be used for electronic contact. If a user takes advantage of this possibility, the data entered in the input mask will be transmitted to us and stored.

This data is:

First name, surname and email address (mandatory)

Postcode, city, country and telephone (optional)

The content of the message to us

At the time the message is sent, the following data is also stored:

Date and time of dispatch

For the processing of the data, reference is made under the form to this data protection declaration.

Alternatively, you can contact us via the e-mail address that you will receive or have already received from us. In this case, the user's personal data transmitted by e-mail will be stored.

In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.

2. Legal basis for data processing

The legal basis for the processing of data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f DSGVO. If the e-mail contact aims at the conclusion of a contract, then additional legal basis for the processing is Art. 6 exp. 1 lit. b DSGVO.

3. Purpose of data processing

The processing of the personal data from the input mask serves us only for the treatment of the establishment of contact. In the event of contact by e-mail, this also constitutes the necessary legitimate interest in the processing of the data.

The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those that were sent by e-mail, this is the case when the respective conversation with the user is finished. The conversation is terminated when it can be inferred from the circumstances that the facts in question have been finally clarified.

The additional personal data collected during the sending process will also be deleted.

5. Possibility of opposition and elimination

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

You can informally revoke via the contact form or the email address received.

All personal data stored in the course of contacting us will be deleted in this case.


IX. Miscellaneous

1. Collection and processing of data by external service providers

If you click on the "Book now" button or the "Search" button for room enquiries, you will be forwarded to our external partner Freetobook, based in the UK, which provides the online booking programme.

2. Storage and security of data

The digital data is stored locally on a password-protected computer (exception VI, VII, IX/1). Data in paper form is stored in a lockable cabinet and/or in a lockable room to which only certain persons have access.

3. Passing on of data to third parties:

Generally no data will be passed on to third parties, with the following exceptions:

It is necessary to fulfil a contractual obligation (e.g. collection from the airport)

It is necessary to fulfil a legal obligation (e.g. tax return)

4. External links:

If you use the  buttons or links to Facebook, Google+, Instagram, and YouTube, data may be collected from them. Please refer to their privacy policy.

If you use the "Rate" button, Tripadvisor may collect data. Please refer to their data protection guidelines.

If you use other external links, data may be collected from the respective provider. Please refer to their data protection guidelines.


X. Rights of the data subject

If personal data are processed by you, you are affected within the meaning of the DSGVO and you have the following rights vis-à-vis the person responsible:

1. Right to information

You can ask the person in charge to confirm whether personal data concerning you will be processed by us.

If such processing has taken place, you can request the following information from the person responsible:

(1) the purposes for which the personal data are processed;

(2) the categories of personal data being processed;

(3) the recipients or categories of recipients to whom the personal data concerning you have been or are still being disclosed;

(4) the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;

(5) the existence of a right to rectification or deletion of personal data concerning you, a right to limitation of processing by the controller or a right to object to such processing;

(6) the existence of a right of appeal to a supervisory authority;

(7) any available information on the origin of the data if the personal data are not collected from the data subject;

You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 DSGVO in connection with the transmission.

2. The right to correction

You have a right of rectification and/or completion vis-à-vis the data controller if the personal data processed concerning you are incorrect or incomplete. The person responsible shall make the correction without delay.

3. Right to limitation of processing

Under the following conditions, you may request that the processing of personal data concerning you be restricted:

(1) if you dispute the accuracy of the personal data concerning you for a period that enables the data controller to verify the accuracy of the personal data;

(2) the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;

(3) the data controller no longer needs the personal data for the purposes of the processing, but you do need them to assert, exercise or defend legal claims, or

(4) if you have filed an objection to the processing pursuant to Art. 21 para. 1 DSGVO and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.

If the processing of personal data concerning you has been restricted, such data may only be processed - apart from being stored - with your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.

If the processing restriction has been restricted according to the above conditions, you will be informed by the person responsible before the restriction is lifted.

4. Right to cancellation

a) Duty to delete

You may request the data controller to delete the personal data relating to you without delay and the controller is obliged to delete this data without delay if one of the following reasons applies:

(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.

(2) You revoke your consent, on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a DSGVO, and there is no other legal basis for the processing.

(3) You file an objection against the processing pursuant to Art. 21 para. 1 DSGVO and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to Art. 21 para. 2 DSGVO.

(4) The personal data concerning you have been processed unlawfully.

(5) The deletion of personal data relating to you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.

(6) The personal data concerning you were collected in relation to information society services offered pursuant to Art. 8 para. 1 DSGVO.

b) Information to third parties

If the data controller has made the personal data concerning you public and is obliged to delete it pursuant to Art. 17 para. 1 DSGVO, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data processors who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.

c) Exceptions

The right to cancellation does not exist insofar as the processing is necessary

(1) to exercise freedom of expression and information;

(2) for the performance of a legal obligation required for processing under the law of the Union or of the Member States to which the controller is subject or for the performance of a task in the public interest or in the exercise of official authority conferred on the controller;

(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 DSGVO;

 (5) to assert, exercise or defend legal claims.

5. Right to information

If you have exercised your right to have the data controller correct, delete or limit the processing, he/she is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort.

The person responsible shall have the right to be informed of such recipients.

6. Right to data transferability

You have the right to receive the personal data concerning you that you have provided to the person responsible in a structured, common and machine-readable format. In addition, you have the right to pass this data on to another person in charge without obstruction by the person in charge to whom the personal data was provided, provided that

(1) processing is based on consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and

(2) processing is carried out by means of automated methods.

In exercising this right, you also have the right to request that the personal data concerning you be transferred directly from one data controller to another data controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to transferability shall not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the controller.

7. Right of objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you under Article 6(1)(e) or (f) of the DSBER; this also applies to profiling based on these provisions.

The data controller no longer processes the personal data concerning you, unless he can prove compelling reasons worthy of protection for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling, insofar as it is associated with such direct marketing.

If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You have the possibility to exercise your right of objection in connection with the use of Information Society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.

8. Right to revoke the data protection declaration of consent

You have the right to revoke your data protection declaration of consent at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation.

9. Automated decision in individual cases including profiling

You have the right not to be subject to a decision based exclusively on automated processing - including profiling - that has legal effect against you or significantly impairs you in a similar manner. This does not apply if the decision

(1) is necessary for the conclusion or performance of a contract between you and the person responsible,

(2) the legislation of the Union or of the Member States to which the person responsible is subject is admissible and that legislation contains appropriate measures to safeguard your rights, freedoms and legitimate interests; or

(3) with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 DSGVO, unless Art. 9 para. 2 lit. a or g DSGVO applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.

In the cases referred to in (1) and (3), the person responsible shall take reasonable measures to safeguard your rights, freedoms and legitimate interests, including at least the right to obtain the intervention of a person by the person responsible, to state his own position and to challenge the decision.

10. Right of appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the Member State where you reside, work or suspect of infringement, if you believe that the processing of personal data concerning you is contrary to the DSGVO.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under Article 78 DSGVO.

Translated with www.DeepL.com/Translator