Privacy & Cookie Policy

Privacy Policy

in Henssler at Home company

I.

Introductory provisions

Henssler at Home company limited, residing at Grosse Elbstrasse 137, 227 67 Hamburg, HR-Nr. 136882 (hereinafter ” Henssler at Home ” or “operator”) is a business company that isoperating the EL GAUCHO Argentinian Steakhouse restaurant and provides catering services.

Given that, by providing services, that are being processed by Henssler at Home company, the personal data of the persons concerned are processed, and that Henssler at Home takes care of their protection and the personal data of natural persons and processes it in accordance with REGULATION OF EUROPEAN PARLIAMENT AND COUNCIL (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR Regulation”) and Act No. 18/2018 Z. z. on the protection of personal data and on amendments to certain acts.

Henssler at Home company is aware that every processing of personal data should be legal and fair. It should be transparent for natural persons, that personal data concerning them are processed. The Transparency Principle requires all information and communications related to the processing of such personal data to be easily accessible and easily understandable and formulated in a clear and simple manner. This principle concerns mainly information for the persons concerned about the identity of the operator and the purposes of the processing, and other information to ensure fair and transparent processing. In order to meet the above mentioned information obligation to the persons concerned, Henssler at Home issues this document entitled “Privacy Policy of Henssler at Home company”.

The terms used in this document have the meaning as outlined in the GDPR Regulation.

II. Principles of processing the personal data of the persons concerned Henssler at Home company strictly respects the principles of processing the personal data of the individuals concerned and their privacy. Henssler at Home company cooperates with several intermediaries who process personal data on behalf of Henssler at Home company.

Henssler at Home company only uses intermediaries who have stated that they have taken reasonable technical and organizational measures to ensure that the processing complies with the requirements of the GDPR Regulation and other legislation and to ensure the protection of the rights of the person concerned.

In the case of a breach of personal data protection that is likely to result in a high risk to the rights and freedoms of natural persons, Henssler at Home company shall without undue delay notify the data subject in breach of personal data protection unless any of the conditions for waiving the disclosure obligation is met. Henssler at Home company does not intend to transfer the personal data of the persons concerned to a third country or international organization. Henssler at Home company does not accept decisions based solely on automated processing, including profiling. Information on the use of cookies by Henssler at Home can be found on our website at www.de.elgaucho.eu

III. Purpose of the processing of personal data in Henssler at Home company and the legal bases of processing Henssler at Home company processes personal data to achieve the below described purposes and on the basis of the following legal bases:

1. Closing and fulfilling the subject matter of the contract

The purpose of the processing of personal data is to conclude and implementing the subject of the contracts to which the concerned party is a concerned person and to record such contracts and orders (eg service orders, reservations, supplier contracts, service contracts, purchase contracts, lease agreements etc.).

The legal basis for the processing is the performance of the contract to which the person concerned is a concerned party or, if requested by the person concerned, to take measures prior to the conclusion of the contract as well as the fulfillment of the legal obligations relating to the conclusion of the contract. The provision of personal data of the person concerned is legal and the contractual requirement, and if Henssler at Home does not grant them, the relevant contractual relationship will not arise.

The personal data of the person concerned can be provided mainly to the following beneficiaries: tax and accounting advisors, lawyers, financial authorities, banks and foreign bank branches, executors, courts, law enforcement agencies, health insurance companies, social insurance companies,


2. Promotion and advertising

The purpose of the processing of personal data is the promotion and advertising of Henssler at Home company and the services provided by Henssler at Home company, notably but not limited to:

• Information on the provision of El Gaucho’s services through advertising;

• Sending newsletters about news, events, information, as well as sending invitations and festive greetings;

• Marketing and Satisfaction Surveys;

• Disclosure of information about provided services, including client references;

• Providing personal data as part of the evaluation or rankings;

• Targeted online advertising and evaluation of it’s success.

The legal basis for the processing is the consent of the person concerned and the legitimate interests of Henssler at Home company as an operator. Where the legal basis for the processing is the free consent of the data subject to the processing of personal data, the person concerned shall be entitled to withdraw consent at any time. The provision of personal data is voluntary. The period of retention of the personal data of the persons concerned is 10 years. The personal data of the person concerned can be provided mainly to the following recipients: advertising and marketing agencies, IT companies, courts, law enforcement agencies, lawyers.

3. Organization of winning competitions

The purpose of processing personal data is to organize winning competitions and to register contestants and winners.

The legal basis for the processing is the free consent of the data subject to the processing of personal data. The person concerned is entitled to withdraw given consent at any time. The provision of personal data is voluntary. The retention period of the personal data of the persons concerned is 2 years from the end of the competition. The personal data of the person concerned can be provided mainly to the following recipients: courts, law enforcement agencies, lawyers, notaries, travel agencies, transport companies.

4. Evidence of job seekers

The purpose of processing personal data is to keep records of jobseekers who have voluntarily sent to Henssler at Home company their resume, motivation letter, application for admission to employment or other similar documentation; received CVs, motivation sheets, applications for recruitment or other similar documentation Henssler at Home company keeps in the established database of jobseekers and, if necessary, contacts the selected job seekers, from the database in question, about the job vacancies.

The legal basis for the processing is the free consent of the data subject to the processing of personal data. The person concerned is entitled to withdraw given consent at any time. The provision of personal data is voluntary. If the person concerned did not express their consent to the processing of personal data for his or her subsequent registration in the job seeker’s database, or withdraws their consent, their personal data will be destroyed. The personal data of the person concerned can be provided mainly to the following beneficiaries: Labor Inspectorate, lawyers, courts, law enforcement agencies, etc.

5. Managing Personnel and Payroll Agenda

The purpose of the processing of personal data is to conclude and perform the subject matter of an employment contract or agreement on work performed outside the employment relationship, other legal acts relating to the adjustment of rights and obligations under the employment relationship and their registration, as well as the fulfillment of legal obligations related to the employment relationship or similar relationship, including pre-contractual relationships.

The legal basis for processing is the performance of a contract of employment or one of the agreements on work performed outside the employment relationship concluded under Labor Code as amended (hereinafter referred to as the “Labor Code”) and the fulfillment of the legal obligations of Henssler at Home company, in particular according to the following regulations.

The provision of personal data of the person concerned is legal or a contractual requirement and, in the event of failure to do so, Henssler at Home company can not fulfill its legal obligations under the relevant labor legislation and the legislation related to it, respectively, there will not be a creation of employment relationship between the employee and the employer.

Personal data of the person concerned may be provided mainly to the following recipients: Social insurance, health insurance, Financial regulatory authorities of Germany, supplementary pension savings banks, pension fund management companies, representatives of employees, Labor inspectorate, IT company, an entity providing Occupational Health Services, auditors, providers of catering services , tax and accounting consultants, auditors, lawyers, executors, courts and law enforcement authorities, El Gaucho’s customers, El Gaucho’s suppliers.

Personal data of employees in the scope of title, name, surname, job classification, staff classification, functional classification, employee’s personal number or employee’s work number, professional department, place of work, telephone number, fax number, e-mail address of the workplace and employer identification, Henssler at Home company is authorized to provide or disclose if necessary in connection with the performance of the employee’s work, staff or functional duties as the person concerned. The provision of personal data or the disclosure of personal data must not interfere with the seriousness, dignity and security of the person concerned.

6. Safety and health protection at work

The purpose of the processing of personal data is the fulfillment of the legal obligations of Henssler at Home company related to safety and health protection at work, including evidence of training, work injuries and medical examinations.The provision of personal data to the person concerned is a legal requirement and Henssler at Home can not fulfill its legal obligations under the relevant legislation in the field of occupational safety and health protection in the event of non-disclosure. The personal data of the person concerned may be provided in particular to the following beneficiaries: Social Insurance Company, Health Insurance Company, Employees’ Representatives, Labor Inspectorate, Health Service Provider, IT Companies, Accountants and Tax Advisors, Auditors, Lawyers, Executors, Court and Law Enforcement Bodies.

7. Bookkeeping

The purpose of processing personal data is to process accounting documents. The provision of the person’s personal data is a legal requirement and, if not provided, Henssler at Home can not fulfill its legal obligations under the Accounting Act and other relevant legislation.

The personal data of the person concerned can be provided in particular to the following beneficiaries: tax and accounting advisors, auditors, financial administration authorities of Germany, courts, law enforcement agencies, lawyers, IT companies, etc.

8. Operation of a camera system monitoring accommodation accessible to the public

The purpose of processing personal data is to monitor the El Gaucho’s restaurant availability to the public to protect Henssler at Home ‘s property, property and health of its customers and employees.

The legal basis for the processing is the legitimate interest of Henssler at Home as an operator, which primarily monitors the security and protection of its assets as well as the property and health of its customers and employees.
The personal data of the person concerned may be provided, in particular, to the following beneficiaries: members of the private security service providing protection for Henssler at Home ‘s property, courts, law enforcement agencies, IT companies, lawyers.

9. Operation of the camera system monitoring employees

The purpose of processing personal data is to monitor employees in labor relations based on the special nature of Henssler at Home ‘s activities in order to protect Henssler at Home ‘s property, property and health of its customers and employees and ensure compliance with the work discipline.

The legal basis for processing is the Labor Code and Henssler at Home ‘s legitimate interest as an operator, in particular with regard to the protection of its property, as well as the property and health of its customers and employees and the ensuring of compliance of the work discipline. The person concerned is required to undergo transparent monitoring, about which is properly informed, and thus to provide his or her personal data.

The personal data of the person concerned can be provided mainly to the following recipients: courts, law enforcement agencies, labor inspectorate, private security service, IT companies, lawyers.

10. Photographs of the persons concerned

The purpose of creating and processing photographs of the persons concerned is to support better internal and external communication of Henssler at Home company. Photographs can be located at El Gaucho’s space, Intranet, magazines, or other Henssler at Home publications, social networks, and El Gaucho’s web site. The legal basis for the processing is the free consent of the data subject to the processing of personal data. The person concerned is entitled to withdraw given consent at any time. The provision of personal data is voluntary.

Photographs of the persons concerned are published with the consent of the person concerned. Henssler at Home takes care to ensure that the photo does not interfere with the seriousness, dignity and security of the person concerned.

11. Records of natural persons – members of the bodies, representatives and employees of the contractual partners

The purpose of the processing of personal data is to keep records of the members of the statutory and supervisory bodies of the contractual partners, representatives and employees of the contractual partners, or their authorized or empowered persons and other similar entities in order to communicate effectively with the other contracting party and to perform the object of the contract concluded with the contractual party.

The legal basis for the processing are the legitimate interests of Henssler at Home company as an operator in pursuit of effective communication with the other contracting party, as well as fulfillment of the subject matter of the contract concluded with the contractual partner. Personal data are not obtained from the person concerned but predominantly from the contractor on whose behalf or for whom the person concerned is acting. The personal data of the person concerned can be provided to the following recipients: lawyers, accountant and tax advisers, auditors.

12. Litigation and other legal procedures

The purpose of processing personal data is to keep records and to settle litigation and other legal procedures.

The legal basis of the processing are the legitimate interests of the operator in pursuit of the demonstration, application or defense of their legal claims.

The personal data of the person concerned may be provided in particular to the following beneficiaries: tax and account consultants, courts, lawyers, executors, auditors, experts, administrators, law enforcement authorities.

13. “Whistleblowing”

The purpose of the processing of personal data is to handle the complaints received by Henssler at Home in connection with the reporting of the anti-social activity and the keeping of their records.

The provision of personal data of the person concerned is a legal requirement and, in the event of non-disclosure, Henssler at Home can not fulfill its legal obligations under the relevant legislation.

The personal data of the person concerned can be provided mainly to the following beneficiaries: Labor Inspectorate, Court, law enforcement agencies, Ministry of Justice of Germany, lawyers.

14. Handling requests from the persons concerned


The purpose of the processing of personal data is to handle the requests of the persons concerned addressed to Henssler at Home.

The provision of the person’s personal data is a legal requirement and, in the event of non-disclosure, Henssler at Home can not fulfill its legal obligations under the GDPR Regulation and provide the person concerned with the request.

The personal data of the person concerned may, to the extent necessary, be provided primarily to the following recipients: the Data Protection Authority and other supervisory authorities, the operator, the intermediary, courts and law enforcement authorities, lawyers.

15. Evidence of received and sent mail

The purpose of processing personal data is to keep a record of received and sent mail.

The legal basis for the processing is the legitimate interest of Henssler at Home company as an operator for tracking mail.

The person concerned is obliged to provide his or her personal data, otherwise there can be no postal communication and registration.

The personal data of the person concerned are not provided to the recipient.

16. Archiving in the public interest, scientific and historical research and statistical purposes

The purpose of processing personal data is to properly administer and manage the registry, to carry out scientific, historical research and statistical purposes.

The provision of personal data of the person concerned is a legal requirement and, in the event of non-disclosure, Henssler at Home can not fulfill its legal obligations under the relevant legislation.

The personal data of the person concerned can be provided mainly to the following beneficiaries: the Ministry of the Interior of Germany and other state administration bodies in the archives and registry offices, the courts and law enforcement agencies, lawyers.

17. Electronic mailbox

The purpose of the processing of personal data is to provide Henssler at Home ‘s proper electronic communication with the public authorities in order to carry out the exercise of their actions in electronic form.

The provision of personal data of the person concerned is a legal requirement and, in the event of non-disclosure, Henssler at Home can not fulfill its legal obligations under the relevant legislation.

The personal data of the person concerned are provided to the following beneficiaries: National Agency for Network and Electronic Services (NASES), IT companies, lawyers.

IV.

Time of retention of personal data

Henssler at Home keeps the personal data of the persons concerned for various lengths of time depending on the purpose and purpose of their processing. In general, Henssler at Home processes personal information:
• for the time required by applicable, generally binding law, to process personal data for the performance of its legal duties;
• for the duration of the contractual relationship established by the contract or the duration of pre-contractual relationships if the processing of personal data is necessary for the performance of the contract;
• for the duration of legitimate interest pursued by Henssler at Home if the processing of personal data for that purpose is necessary;
• for a period explicitly stated in the consent or until withdrawal, when processing personal data on the basis of consent.

Upon expiry of the above retention period, Henssler at Home is authorized to process the personal data of the person concerned only on the so-called privileged purposes, that GDPR automatically deems compatible with original purposes. This is for purposes of archiving in the public interest, for purposes of scientific or historical research and for statistical purposes

V.
Rights of the persons concerned


The person concerned has the right to request from Henssler at Home access to the personal data concerning him / her. The person concerned also has the right to correct, erase or restrict the processing of personal data, as well as the right to object to the processing of personal data and the right for their portability. The person concerned also has the right to withdraw consent to the processing of personal data as well as the right to file a complaint with the supervisory authority.

1. Right for access (Article 15 of the GDPR Regulation)

The person concerned has the right to obtain from Henssler at Home a confirmation of the processing of his / her personal data and, if so, has the right to access this personal data. The person concerned also has the right to obtain a copy of the processed personal data and additional information resulting from Article 15 of the GDPR Regulation, in particular the processing purposes, the category of personal data concerned, the time of retention of personal data, etc.

2. Right for correction (Article 16 of the GDPR Regulation)

The person concerned has the right to request a lawyer to correct incorrect personal data concerning them and has the right to amend incomplete personal data, including by providing a supplementary statement.

3. Right for erasing- the right to “forfeit” (Article 17 of the GDPR Regulation)
The person concerned has the right to have Henssler at Home erase without undue delay the personal data concerning them if one of the reasons of Article 17 of the GDPR Regulation is met. The reason for the deletion may be, for example, if the person concerned withdraws consent to the processing if the personal data are no longer necessary for the purposes for which they were acquired or otherwise processed, or if the person concerned objects to the processing, if the personal data were processed illegally and the like.

4. Right to limit processing (Article 18 of the GDPR Regulation)

The person concerned has the right to attain that Henssler at Home restrict the processing of personal data if one of the cases referred to in Article 18 of the GDPR Regulation arises. For example, if the person concerned contests the correctness of the personal data (during a period allowing Henssler at Home to verify the accuracy of personal data), or if the processing is illegal, the person concerned opposes the deletion of personal data and requests instead to limit their use.

5. Right to data portability (Article 20 of the GDPR Regulation)
Where the processing of personal data is done by automated means and the legal basis of the processing of personal data is the consent of the person concerned or the performance of the contract, the person concerned shall have the right to obtain personal data relating to him and provided to Henssler at Home in a structured, commonly used and machine readable format and has the right to transfer these data to another operator. In case of interest of the person concerned, and if it is technically possible, Henssler at Home transfers the relevant personal data directly to another operator.

6. Right to contest and automated individual decision-making (Articles 21 and 22 of the GDPR Regulation)

The person concerned shall at any time have the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them, which is carried out for the purposes of the legitimate interests pursued by the operator, including the objection against any subsequent profiling. Henssler at Home company may not further process personal data unless it demonstrates the necessary legitimate reasons for processing that outweigh the interests, rights and freedoms of the person concerned, or reasons for proving, enforcing or defending legal claims. If the person’s personal data are processed for the purposes of direct marketing, the person concerned has the right at any time to object to the processing of personal data concerning them for the purpose of such marketing, including profiling, to the extent related to such direct marketing. If the person concerned opposes processing for direct marketing, personal data may no longer be processed for such purposes. The person concerned has the right not to be affected by decision of Henssler at Home company, which is based solely on automated processing, including profiling, and which has legal effects that concerns them or otherwise significantly affect them.

7. Right to file a complaint (Article 77 of the GDPR Regulation)If the person concerned suspects that Henssler at Home processes personal data in violation with the GDPR Regulation, or that its illegal, they are entitled to file a complaint with the Supervisory Authority.

8. Right to withdraw consent (Article 7 (3) of the GDPR Regulation)

For the purposes of the processing of personal data, Henssler at Home requires the person concerned to consent to the processing of their personal data, which is a clear expression of will and is a free, specific, informed and unambiguous expression of consent to the processing of personal data relating to him. If the person concerned has consented to the processing of their personal data for a particular purpose, they are entitled to withdraw their consent at any time. Such withdrawal of consent will not affect the legality of the enforced

If the person concerned wishes to exercise any of their rights, they can do so:
• electronically at the following e-mail address: office.hamburg@elgaucho.eu
• by phone at
+49  40 84602800
• by posting the application to
+49  40 84602800, Grosse Elbstrasse 137, 22767 Hamburg

• personally in the restaurant EL GAUCHO, Argentinian Steakhouse

VI.
Final provisions


Henssler at Home company is authorized to modify this Privacy Policy, particularly as a result of changing the relevant legislation. Henssler at Home company by the possible change of these Privacy Policies will not restrict the rights and freedoms of the person concerned that arise from the GDPR Regulation and related legislation.