DATA PROTECTION AND PRIVACY RIGHTS

Of Paulaner Brauerei GmbH & Co. KG

Thank you for your interest in our website.  Protecting your privacy when processing your personal details is of the utmost concern to us. The Paulaner Gruppe GmbH & Co KGaA will handle your data responsibly.

As a matter of course we adhere to statutory provisions in the collection, processing and usage of your data, in particular those of the German Data Protection Act [BDSG] and the German Broadcast Media Act [TMG]. But of course we are aware that for many people using the internet is cause for great concern how such protection applies in practice.

The data privacy statement below provides an overview of what data is collected, used, stored, and possibly passed on to third parties, also what security measures we employ for your privacy, and what right to information you have on the matter.

1. Information concerning collection of personal data

Below, we will inform you about collection of personal data when you use our website. Personal data are any data that permit a conclusion as to you personally, e.g. your name, address, email addresses, user behaviour.

2. Information on the data protection officer

The contact details of the data protection officer are: datenschutz@paulaner.de

3. Collection of personal data when you visit our website (type and purpose)

a) General

If you use our website for information, i.e. if you do not register or otherwise submit any information to us, we will only collect the personal data your browser submits to our server. The provider of the website will collect and store information in server log files that your browser submits to us automatically. These are:

• IP address
• Date and time of the query
• Time zone difference from Greenwich Mean Time (GMT)
• Content of the request (specific page)
• Access status /HTTP-status code
• The respective data volume transferred
• Website sending the request
• Browser
• Operating system and its interface
• Language and version of the browser software.

The data named will be processed by us for the purpose of a smooth connection to the website in order to ensure comfortable use of our website, and to evaluate system safety and stability by us.

The legal basis for processing activities shall be sect. 6 para. 1 s. 1 lit. f) GDPR.

Our legitimate interests follow from the purposes listed above for data collection. We do not use the collected data in order to draw conclusions as to persons.

b) Contact form

When you contact us by email or through a contact form, the complete data disclosed by you (e.g. your complete name, postal code, place of residence and email address) will be saved by us in order to answer your questions.

Data processing for the purpose of contacting us shall take place according to sect. 6 para. 1 s. 1 lit. a) and b) GDPR based on your free consent and to perform pre-contractual measures upon your request.

c) User account

If you create a voluntary user account for the Paulaner Fan Dreams, the data stored there (e-mail address, password, uploaded photos and videos) are stored by us.

The legal basis for the collection and processing of data is Article 6 (1) sentence 1 lit. a), b) and f) DS-GVO.

4. Newsletter

a) With your consent, you can subscribe to our newsletter in which we will inform you about our current interesting offers. The advertised goods and services are designated in the declaration of consent.

b) We use the double opt-in procedure for our newsletter. This means that we send an email to your indicated email address after your subscription, in which we ask you to confirm that you desire to receive the newsletter. If you do not confirm your registration within 24 hours, your information will be locked and erased automatically after one month. Beyond this, we store the IP addresses used by you from time to time and both the times of registration and confirmation. The purpose of the proceedings is to document your registration and to investigate any possible abuse of your personal data.

c) The only mandatory information for receiving the newsletter is your email address. Indicating any other, separately marked data is voluntary and used in order to enable us to address you personally. After your confirmation, we store your email address for the purpose of sending you the newsletter.

d) The legal basis shall be sect. 6 para. 1 s. 1 lit. a) GDPR.

e) You may withdraw your consent to receiving the newsletter at any time and unsubscribe from the newsletter. You can withdraw your consent by clicking the link provided in each newsletter email or by sending a message to the contact details indicated in the imprint.

f) For the dispatch of the emails we use service providers, to which we pass on your data provided with the newsletter announcement. The obligation of these service providers to treat your data in accordance with the GDPR and to take appropriate technical and organizational measures for data security is regulated in a contract processing contract.

The legal basis for the sending of the newsletter is your consent and thus Art. 6 para. 1 sentence 1 lit. a GDPR.

The dispatch and evaluation of our e-mail newsletters are carried out by the technical service provider Campaign Monitor, Level 38, 201 Elizabeth Street, Sydney NSW 2000, Australia ("Campaign Monitor").

Please note that your data is usually transmitted to a server in the USA and stored there. To guarantee the appropriate level of security for your data in the United States, Campaign Monitor has also entered into standard contractual clauses of the European Commission in addition to the Data Processing Agreement. This data processing contract can be viewed on request.

Campaign Monitor uses this information for sending and statistical evaluation of the newsletter on our behalf. For the evaluation, the emails sent include so-called web beacons or tracking pixels, which represent one-pixel image files stored on our website. This way you can determine if a newsletter message has been opened and which links have been clicked on. In addition, technical information is collected (e.g., time of retrieval, IP address, browser type and operating system). The data will be collected exclusively pseudonymized and will not be linked to your other personal data, a direct personal reference is excluded. This data is for statistical analysis of newsletter campaigns only. The results of these analyzes can be used to better tailor future newsletters to the interests of the recipient. This is a legitimate interest within the meaning of the GDPR, the legal basis is Article 6 (1) (1) (f) GDPR.

If you want to contradict to the data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.

Furthermore, Campaign Monitor may use this data in accordance with Art. 6 para. 1 sentence 1 lit. f Use GDPR itself for its own legitimate interest in the needs-based design and optimization of the service as well as for market research purposes, for example, to determine from which countries the recipients come. However, Campaign Monitor does not use the data of our newsletter recipients to address them themselves or to pass them on to third parties. You can view Campaign Monitor's privacy policy here: www.campaignmonitor.com/policies/

5. Passing on personal data

a) The data will be system-technically forwarded to the provider who provides the web server. It operates its servers within Europe.

b) The data you send to us via the contact form will be forwarded to B.I.T.S, Ohlmüllerstraße 42, D-81541 Munich, which provides the email server.

c) When conducting lotteries, we reserve the right to submit the required personal data to service providers that support us in the performance of the lottery, such as an agency or freight company charged with shipping the prizes. If such data transmission takes place, the corresponding data protection provisions or participation conditions will refer to this.

d) In addition to this, data will be passed on by using Google Analytics. For details, see item 6 a) of this data protection statement.

e) Your personal data will generally not be passed on to any third parties beyond this. We shall also only pass on your personal data to third parties if:

• you have explicitly consented to this pursuant to sect. 6 para. 1 s. 1 lit. a) GDPR,
• forwarding is required under sect. 6 para. 1 s. 1 lit. f) GDPR for assertion, exercise or defence of legal claims and there is no reason to assume that you have an overriding protection-worthy interest in your data not being passed on,
• forwarding is required due to statutory obligations pursuant to sect. 6 para. 1 s. 1 lit. c) GDPR, and
• this is legitimate by law and required according to sect. 6 para. 1 s. 1 lit. b) GDPR for processing contractual relationships with you.

6. Use of cookies

a) What exactly are cookies?

Cookies are small pieces of information that are stored on your computer, tablet or mobile phone when you visit a website and generally serve for more effective design of websites. Some cookies (session cookies) are deleted automatically after you close your browser; others in turn (persistent cookies or tracking codes) will be archived on the respective device until a specific expiration date or until the cache of your browser is deleted and permit us to identify you as a returning visitor of our website. Most web browsers accept cookies automatically. You can, however, change your browser's settings with simple clicks if you wish.

For more information about cookies, see www.allaboutcookies.org.

b) What do we use cookies for?

We use cookies for:

• Management of your confirmation of age queries
• Session management (e.g. profile management)
• Warranty of a safe internet environment
• Verification of our website performance
• Evaluation of the type and manner of use of our online services by our customers, in order to better design the services. This way, we can tell, for example, when a process is too extensive and the users cancel the active process for this reason. This knowledge can simplify the process steps and design them in a more customer-oriented manner.
• Improvement of user friendliness, trackability for our customers and the online experience.

We do not use our cookies to track your internet activities outside of our website.

6. Use of cookies

a) What exactly are cookies?

Cookies are small pieces of information that are stored on your computer, tablet or mobile phone when you visit a website and generally serve for more effective design of websites. Some cookies (session cookies) are deleted automatically after you close your browser; others in turn (persistent cookies or tracking codes) will be archived on the respective device until a specific expiration date or until the cache of your browser is deleted and permit us to identify you as a returning visitor of our website. Most web browsers accept cookies automatically. You can, however, change your browser's settings with simple clicks if you wish.

For more information about cookies, see www.allaboutcookies.org.

b) What do we use cookies for?

We use cookies for:

• Management of your confirmation of age queries
• Session management (e.g. profile management)
• Warranty of a safe internet environment
• Verification of our website performance
• Evaluation of the type and manner of use of our online services by our customers, in order to better design the services. This way, we can tell, for example, when a process is too extensive and the users cancel the active process for this reason. This knowledge can simplify the process steps and design them in a more customer-oriented manner.
• Improvement of user friendliness, trackability for our customers and the online experience.

We do not use our cookies to track your internet activities outside of our website.

c) What types of cookies are there?

Session cookies
Are deleted after closing the browser. Are used to record navigation on the website and the presence time. Store your login information and keep your login active during the session for the duration of your visit to the website.

Persistent cookies or tracking code
Contain no personal data except for the IP address. Record from where you have called up the site, which search engine you used, which link was clicked and which search term was chosen, and localises the site of the user at the time of site access. Records the number of visits and the duration of the first, current and preceding visit. These cookies register only visits to our website and are not activated when you visit any other websites.

Retargeting or remarketing
Our website uses retargeting technologies in order to make the internet offer more interesting for you. You will be marked by cookies when you visit certain websites and identified by them again later on other websites. We are certain that the display of personalised, interest-specific advertisements for the internet user is usually more interesting than advertisements that do not have any such personal references. These advertising media on the sites of our partners are displayed based on cookie technology and analysis of the previous usage behaviour. This form of advertising takes place entirely anonymised. No personal data are stored and no user profiles are combined with your personal data.

You can delete the cookies stored for our website. In this case, your individual data and content, including your cookie settings, will be lost and you will not be recognised as a returning visitor during your next visit to our site.

d) Do you agree to our cookies?

We offer some online features that are to make your visit to our website as comfortable as possible. They only work using cookies, however. If you continue to navigate on our page, you agree to the use of such cookies. You can revoke your consent at any time.

e) What is the legal basis for use of cookies?

Use of cookies serves the purposes named above. The legal basis shall be sect. 6 para. 1 s. 1 lit. f) GDPR.

f) Revocation of cookie use

If you do not want us to recognise your computer again, you can prevent storage of cookies on your hard disc by choosing "Do not accept cookies" in your browser settings. How this works in detail can be taken from the instructions of your browser provider.

In your browser, you can set that storage of cookies is only accepted if you consent to it. If you do not want to accept the cookies of our service providers and partners, you can choose the settings in your browser "Block cookies of third-party providers".

Usually, the menu bar of your web browser displays how you can reject new cookies and turn off those already received via the help function.

However, note that unhindered navigation on our website and selection, design and storage of your products require some 'essential' cookies. We only use these cookies to review the website's efficiency and record visitor frequency.

7. Use of Google techniques

a) Google Analytics

(1) This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses "cookies", i.e. text files that are stored on your computer and that permit analysis of your use of the website. As a rule, the information generated by the cookie through your use of this website is sent to a Google server in the USA and stored there. Due to activation of IP anonymisation on these websites, your IP address will be abbreviated first by Google within member states of the European Union or in other contracting states of the convention on the European Economic area. Only in exceptions will your full IP address be transferred to a server of Google in the USA and abbreviated there. On the order of the operator of this website, Google will use this information to evaluate your use of the website, in order to compile reports on the website activities and to render further services connected to website use and internet use towards the website operator.

(2) The IP address submitted by your browser will not be combined with any other Data of Google.

(3) You may prevent saving of the cookies by making the corresponding settings in your browser software; however, note that you may be unable to fully use all functions of the website in such a case. You may furthermore prevent recording of the data generated by the cookie and referring to your use of the website (incl. your Internet Protocol address) and processing of these personal data by Google by downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

(4) You may check out of Google Analytics by clicking the following link as well: Yes, I would like to check out.

(5) This website uses Google Analytics with the extension "_anonymizeIp()". This causes IP addresses to be abbreviated before further processing so that conclusions as to persons are excluded.

(6) We use Google Analytics, in order to analyse use of our website and regularly improve it. The statistics acquired enable us to improve our offer and to make it more interesting for you as the user. For exceptions in which personal data are transmitted to the USA, Google has subjected to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

(7) The legal basis for using Google Analytics is sect. 6 para. 1 s. 1 lit. f) GDPR.

(8) Information on the third-party provider: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. User conditions: http://www.google.com/analytics/terms/de.html, Overview of data protection: http://www.google.com/intl/de/analytics/learn/privacy.html, and the data protection statement: http://www.google.de/intl/de/policies/privacy.

b) Google Maps

(1) The website uses Google Maps in order to visually display geographic information. When using Google Maps, Google (Google Inc., 1600 Amphitheatre Parkway, Mountain View, California, 94043) will also collect, process and use data on use of the maps function by visitors of the websites.

(2) For more detailed information on data processing by Google, see the data protection notes of Google, which you can find at www.google.com/privacypolicy.html.

(3) Use of Google Maps is based on a legitimate interest within the meaning of sect. 6 para. 1 lit. f) GDPR, since we want to optimise our online offer.

(4) You may check out by clicking the following link: https://adssettings.google.com/authenticated.

8. Use of web fonts

a) These websites use external fonts called Google Fonts. Google Fonts is a service of Google Inc. ("Google"). These web fonts are integrated by a server call, usually concerning a server of Google in the USA. This informs the server of which of our websites you have visited. The IP address of the browser of the end device of the visitor of these websites is also stored by Google.

b) When calling up a site, your browser will load the required web fonts into your browser cache in order to properly display texts and fonts. Web fonts are used in the interest of consistent and attractive display of our online offer.

c) This is a legitimate interest within the meaning of sect. 6 para. 1 lit. f) GDPR.

d) For more information, see the data protection notes of Google, which you can call up here: www.google.com/fonts#AboutPlace:about and www.google.com/policies/privacy/.

9. Use of Mouseflow

a) This website usesMouseflow, a web analytics tool from Mouseflow ApS, Flaesketorvet 68, 1711 Copenhagen, Denmark, to collect and store data for the purposes of marketing and optimizing the website. Pseudonymised user profiles may be created from the data. Randomly selected individual visits to the site are recorded (using anonymised IP addresses only). The result is a record of mouse movements and clicks intended to enable the replay of individual website visits chosen randomly. That helps us identify potential ways to improve the website. 

b) The data collected with Mouseflow are not used to identify the user of this website personally and are not combined with personal data of the bearer of the pseudonym. 

c) Mouseflow is used to optimize our website on a regular basis. The data are processed by Mouseflow ApS only within the EU and are not passed on to third parties. The legal basis for using Mouseflow is Article 6 (1) point (f) GDPR.

d) If you do not wish these data to be recorded, you can deactivate that on all websites using Mouseflow globally for the browser you are currently using under the following link:  https://mouseflow.com/opt-out        

10. Information on location of the web server (§13 para. 1 TMG)

The data we receive via our website will be processed on servers within Europe.

11. Integration of services and third-party contents

a) YouTube

(1) We may have YouTube videos integrated into our online offer that are stored on www.YouTube.com and that can be played directly from our website. All of these are integrated in the "expanded data protection mode", i.e. so that no data concerning you as user will be transmitted to YouTube if you do not play the videos. Only when you play the videos will the data named in 10 a) (2) be transmitted. We cannot influence this data transmission.

(2) By your visit to the website, YouTube will be informed that you have called the corresponding sub-page of our website. The data named in § 3 of this statement will be transmitted as well. This is done no matter if YouTube provides a user account through which you are logged in or whether there is no user account. If you are logged in to Google, your data will be assigned to your account directly. If you do not wish assignment to your profile at YouTube, you need to log out before you activate the button. YouTube will store your data as usage profiles and use them for the purpose of advertising, market research and/or demand-oriented design of its website. Such evaluation shall specifically take place (even for users who are not logged in) in order to render demand-oriented advertisements and in order to inform other users of the social network of your activities on our website. You have a right to object to the generation of these user profiles. In order to exercise these, you must contact YouTube.

(3) We use the service within our online offer based on a legitimate interest, i.e. in analysis, optimisation and economic operation of our online offer. The legal basis is sect. 6 para. 1 lit. f) GDPR.

(4) Further information on the purpose and scope of data collection and processing by YouTube is available in the data protection statement. It also contains further information on your rights and setting options for protecting your privacy: https://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has subjected itself to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

b) Vimeo

(1) We may have videos of provider Vimeo LLC, headquartered in 555 West 18th Street, New York, New York 10011 integrated.

(2) Some of our websites contain videos by Vimeo. If you call up such a website of our online offer, a connection to the Vimeo servers will be established. This informs the Vimeo server on which of our websites you have visited. If you are logged in as a member of Vimeo during this, Vimeo will assign this information to your personal user account. When you click the start button of a video, this information may also be assigned to an existing user account. You can prevent this assignment by logging out of your Vimeo user account before you use our website and deleting the corresponding cookies by Vimeo.

(3) We use the service within our online offer based on a legitimate interest, i.e. in analysis, optimisation and economic operation of our online offer. The legal basis is sect. 6 para. 1 lit. f) GDPR.

(4) For more information on data processing and notes on data protection by Vimeo, see https://vimeo.com/privacy.

(5) Vimeo will also call the tracker Google Analytics via an iFrame in which the video is called up. This is a dedicated tracking by Vimeo that we have no access to. You can prevent tracking by Google Analytics by using deactivation tools that Google offers for some internet browsers. The users may furthermore prevent recording of the data generated by Google Analytics and referring to your use of the website (incl. your internet Protocol address) and processing of these personal data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

c) jQuery

This website partially uses jQuery technologies, which, for example, optimise the loading speed. In this respect, program libraries of Google servers are called. The CDN (Content delivery network) of Google is used. If you used jQuery on a different page of Google before, your browser will use the copy stored in your cache. If this does not apply, it must be downloaded, which means that data from your browser will reach Google Inc. ("Google"). Your data will be transmitted to the USA. For more details, see: https://developers.google.com/speed/libraries/#jquery and the data protection provisions of google.de.

12. Your rights

You have the right:

• to demand information in accordance with sect. 15 GDPR regarding processing of your personal data by us. In particular, you may request information on the processing purposes, category of personal data, categories of recipients to whom your data have been or are disclosed, the planned storage duration, the existence of a right to correction, erasure, restriction of processing or objection, existence of a right to complaint, origin of your data if they were not collected at our site, and the existence of automated decision-making, including profiling and any indicative information on its details;
• in accordance with sect. 16 GDPR, demand correction of any inaccurate personal data stored by us or completion of these without undue delay;
• in accordance with sect. 17 GDPR, demand erasure of your personal data stored by us as far as processing is not required in order to exercise the right to freedom of expression and information, to comply with a legal obligation, for reasons of public interest or for assertion, exercise or defence of legal claims;
• in accordance with sect. 18 GDPR, demand restriction of processing of your personal data as far as the accuracy of the data is disputed by you, processing is not legitimate, but you decline erasure and we no longer require the personal data, but you still require them to assert, exercise or defend legal claims or you have objected to processing in accordance with sect. 21 GDPR;
• in accordance with sect. 20 GDPR, demand to receive your personal data that you have provided to us in a structured, common and machine-readable format or to demand transfer to another controller;
• in accordance with sect. 7 para. 3 GDPR, to revoke your consent once given to us towards us at any time. This has the consequence that we may no longer continue the processing activities that were based on this consent in future and
• in accordance with sect. 77 GDPR, file a complaint with a supervisory authority. Usually, you may contact the supervisory authority at your common place of residence or work place or our registered office for this.

The Bayerisches Landesamt für Datenschutzaufsicht, Promenade 27 (Schloss), D-91522 Ansbach, Germany, phone: +49 (0) 981 53 1300, telefax: +49 (0) 981 53 98 1300, email: poststelle@lda.bayern.de is responsible for our headquarters.

13. Right to object

If your personal data are processed based on legitimate interests in accordance with sect. 6 para. 1 s. 1 lit. f) GDPR, you have the right to object to processing of your personal data in accordance with sect. 21 GDPR as far as there are grounds for this that result from your special situation.

If you object, your personal data will no longer be processed, except if compelling legitimate grounds for processing can be documented which override your interests, rights and freedoms or if processing serves to establish, exercise or defend legal claims.

The objection must be sent to us; an email to datenschutz@paulaner.de will suffice.

13. Duration of storage

This website does not store any complete IP addresses of persons who use the website for information, or they will be deleted again without delay after the end of use of the website.

The stored usage processes will be deleted at the latest after 6 months.

If you send us an email, these data will generally be deleted 6 months after the last communication after answering the request. If you participate in a Paulaner Fan Dream, your data related to this participation (name, first name, e-mail) will be stored for 6 months and then deleted. If you upload photos / videos in your personal profile, your data will be archived in this profile for 24 months and then deleted.

If you subscribe to the newsletter of Paulaner Fanträume, the associated data (name, first name, e-mail address) will be stored until your opposition. In case of cancellation, the data will be deleted immediately.

15. Obligation to provide data

As far as collection and processing of the server log files is concerned, the information is mandatory. Indication of the personal data, name and email address in the scope of contact via the contact form are also mandatory.

Indication of further data is voluntary.

16. Automated decision-making

Automated decision-making pursuant to sect. 22 GDPR does not take place.

17. Change to the purpose

Personal data are processed for the purpose for which they were collected. The purpose is not changed.

18. Safety note

If personal data are collected via our website, transmission shall take place encrypted using the data transmission procedure SSL "Secure-Socket-Layer". Beyond this, we ensure that only such employees will receive access to your personal data who need them to perform their respective tasks. They are trained accordingly regarding safety and data protection.

19. Changes to our data protection statement

We reserve the right to change our safety and data protection measures as far as this becomes necessary due to technical developments. In such cases, we will also adjust our notes on data protection accordingly. Therefore, please observe the respective valid version of our data protection statement.