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Data Protectiondeclaration

1) Controller and Contact Details

1.1 We are pleased that you are visiting our website and thank you for your interest. On the following pages, we inform you about the handling of your personal data when using this website. Personal data is all data with which you can be personally identified.

1.2 The controller in charge of data processing on this website, within the meaning of the General Data Protection Regulation (GDPR), is Spreeküche GmbH, Gustav-Holzmann-Straße 10, 10317 Berlin, Germany, phone: +49 162 970 94 58, e-mail: hello@avocai.de. The person responsible for data protection is Toni Kaiser, who can be reached at the same address and at hello@avocai.de.

1.3 For security reasons and to protect the transmission of personal data and other confidential content, this website uses SSL or TLS encryption. You can recognize an encrypted connection by the character string https:// and the lock symbol in your browser line.

2) Data Collection When You Visit This Website

When using this website for information only, i.e. if you do not otherwise provide us with information, we only collect data that your browser transmits to our server (so-called "server log files"):

the page visited
date and time of access
amount of data transferred in bytes
source or referrer from which you came to the page
browser used
operating system used
IP address used

This processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in the stability, security and functionality of this website. This data is not merged with other data sources and is not evaluated for advertising purposes. However, we reserve the right to check the server log files subsequently if there are concrete indications of illegal use.

Hosting. This website is operated on the infrastructure of Vercel Inc., 340 S Lemon Ave #4133, Walnut, CA 91789, USA. Vercel processes the access data mentioned above on our behalf in order to deliver the website and ensure its operation. Data may also be processed on servers in the USA; please see section 9 for details.

3) Cookies and Consent

This website does not set any cookies of its own. The only thing stored is your decision on the cookie notice: it is kept in your browser's local storage under the entry "avocai-consent", is not transmitted to our server, and serves solely to respect your choice on your next visit. This storage is strictly necessary within the meaning of Section 25 (2) no. 2 TDDDG and therefore does not require consent. You can delete the entry at any time via your browser settings.

Cookies are set exclusively by the services described below, which we integrate via Google Tag Manager — currently Google Analytics (section 5).

These services are only loaded after you have given your consent. The legal basis for storing information on your device and for accessing it is your consent pursuant to Section 25 (1) TDDDG; the legal basis for the subsequent processing of your personal data is Art. 6 (1) point a GDPR.

Your consent is voluntary, is not required in order to use this website, and can be withdrawn at any time with effect for the future. You can change your choice at any time via the cookie settings of this website. The withdrawal does not affect the lawfulness of the processing carried out up to that point.

Independently of this, you can set your browser in such a way that you are informed about the setting of cookies, can decide individually about their acceptance, or can exclude the acceptance of cookies in general. Each browser manages these settings differently; the procedure is described in the help menu of the respective browser.

4) Google Tag Manager

This website uses Google Tag Manager, operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). Google Tag Manager is an administration interface that allows further services (so-called tags) to be integrated into a website without changing its source code. When you call up our website, the Tag Manager script is loaded from a Google server; in the process, your IP address is transmitted to Google.

Google Tag Manager itself does not create profiles, does not store cookies and does not evaluate your behaviour. Its sole purpose is to deliver other services — in our case the Google Analytics service described in section 5. We keep the list of these services up to date at this point; should further services be added, we will amend this policy accordingly.

The legal basis for the use of Tag Manager is your consent pursuant to Art. 6 (1) point a GDPR in conjunction with Section 25 (1) TDDDG.

Further information can be found in Google's privacy policy: https://policies.google.com/privacy?hl=en

5) Google Analytics

This website uses Google Analytics 4, a web analytics service operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). Google Analytics helps us understand how this website is used — for example which pages are viewed, how long visitors stay and which source they came from. We use these insights to improve our content and our offering.

For this purpose, Google Analytics sets cookies (among others "_ga" and "_ga_<container ID>") and records in particular the pages viewed, the time and duration of use, the approximate location, the device, browser and operating system used, and the source of your visit. A randomly generated identifier is assigned to your browser in the process.

Google Analytics 4 truncates IP addresses within the European Union or the European Economic Area before they are processed further and does not store them permanently. We do not assign this data directly to your person.

The legal basis is your consent pursuant to Art. 6 (1) point a GDPR in conjunction with Section 25 (1) TDDDG. Without your consent, Google Analytics is not loaded. You can withdraw your consent at any time with effect for the future via the cookie settings of this website.

Independently of this, you can permanently prevent collection by Google Analytics by installing the browser add-on available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en

In the context of Google Analytics, data may also be transferred to Google LLC in the USA; please see section 9 for details. The user and event data stored in Google Analytics is deleted automatically once the retention period we have configured has expired.

Further information on data processing by Google can be found here: https://policies.google.com/privacy?hl=en and on Google Analytics here: https://support.google.com/analytics/answer/12017362?hl=en

6) Video Delivery via Cloudinary

The background video on our home page is delivered via the media service Cloudinary, operated by Cloudinary Ltd., Santa Clara, California, USA ("Cloudinary"). When you call up the page, your browser establishes a direct connection to Cloudinary's servers in order to load the video file. In the process, your IP address is transmitted to Cloudinary; without this transmission the video could not be delivered.

We use Cloudinary in order to deliver large media files quickly, in a suitable resolution and without burdening our own server. The legal basis is Art. 6 (1) point f GDPR and our legitimate interest in a fast and resource-efficient presentation of this website. We do not evaluate your usage behaviour in this context.

7) Contacting Us

When you contact us — via the contact form on this website or by e-mail — we process the data you provide. In the case of the contact form, this is your first and last name, e-mail address, your message and, on a voluntary basis, your company. We use this data exclusively to respond to your request and for the associated technical administration.

The legal basis is our legitimate interest in responding to your request pursuant to Art. 6 (1) point f GDPR. If your request is aimed at concluding a contract, the additional legal basis is Art. 6 (1) point b GDPR. Your data will be deleted once your request has been finally processed, provided there are no legal retention obligations to the contrary.

To deliver the form messages to our mailbox, we use the e-mail service of Resend, Inc., San Francisco, California, USA ("Resend"), which processes your details on our behalf.

The contact form contains a field invisible to you which serves to prevent automated spam submissions (a so-called honeypot field). It does not process any personal data beyond the details you provide.

8) Links to Social Networks

On this website we link to our profiles on Instagram and Facebook. These are plain links, not embedded content or buttons provided by those platforms. Your data is therefore only transmitted to Instagram or Facebook once you actively click one of these links. From that point onwards, the privacy policy of the respective provider applies.

The images from our Instagram profile shown on this website are stored as copies on our own server and are not loaded from Instagram.

The fonts used on this website are likewise delivered from our own server. No connection to Google Fonts or any other external font provider is established.

9) Recipients and Transfers to Third Countries

Your personal data is only passed on to the extent described in this policy, in particular to the service providers named in sections 2, 4, 5, 6 and 7, who process your data on our behalf and in accordance with our instructions. Beyond this, we only pass on your data if you have expressly consented or if we are legally obliged to do so.

With some of these service providers, processing may take place in the USA. For such transfers we rely on the standard contractual clauses of the European Commission pursuant to Art. 46 (2) point c GDPR or, insofar as the respective provider is certified accordingly, on an adequacy decision of the European Commission (EU-US Data Privacy Framework, Art. 45 GDPR). You may request a copy of the respective safeguards using the contact details given above.

10) Rights of the Data Subject

10.1 The applicable data protection law grants you the following comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data:

– Right of access by the data subject pursuant to Art. 15 GDPR: You shall have the right to receive the following information: The personal data processed by us; the purposes of the processing; the categories of processed personal data; the recipients or categories of recipients to whom the personal data have been or will be disclosed; the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing personal data concerning the data subject or to object to such processing; the right to lodge a complaint with a supervisory authority; where the personal data are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling and at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject; the appropriate safeguards pursuant to Article 46 when personal data is transferred to a third country.

– Right to rectification pursuant to Art. 16 GDPR: You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning you and/or the right to have incomplete personal data completed which are stored by us.

– Right to erasure ("right to be forgotten") pursuant to Art. 17 GDPR: You have the right to obtain from the controller the erasure of personal data concerning you if the conditions of Art. 17 (2) GDPR are fulfilled. However, this right will not apply for exercising the freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims.

– Right to restriction of processing pursuant to Art. 18 GDPR: You have the right to obtain from the controller restriction of processing your personal data for the following reasons: As long as the accuracy of your personal data contested by you will be verified. If you oppose the erasure of your personal data because of unlawful processing and you request the restriction of their use instead. If you require the personal data for the establishment, exercise or defense of legal claims, once we no longer need those data for the purposes of the processing. If you have objected to processing on grounds relating to your personal situation pending the verification whether our legitimate grounds override your grounds.

– Right to be informed pursuant to Art. 19 GDPR: If you have asserted the right of rectification, erasure or restriction of processing against the controller, he is obliged to communicate to each recipient to whom the personal data has been disclosed any rectification or erasure of personal data or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed about those recipients.

– Right to data portability pursuant to Art. 20 GDPR: You shall have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format or to require that those data be transmitted to another controller, where technically feasible.

– Right to withdraw a given consent pursuant to Art. 7 (3) GDPR: You have the right to withdraw your consent for the processing of personal data at any time with effect for the future. In the event of withdrawal, we will immediately erase the data concerned, unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

– Right to lodge a complaint pursuant to Art. 77 GDPR: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

10.2 RIGHT TO OBJECT

IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.

11) Duration of Storage of Personal Data

The duration of the storage of personal data is based on the respective legal basis, the purpose of processing and – if relevant – on the respective legal retention period (e.g. commercial and tax retention periods).

The server log files described in section 2 are deleted or anonymized after 30 days at the latest.

If personal data is processed on the basis of an express consent pursuant to Art. 6 (1) point a GDPR, this data is stored until the data subject revokes his consent.

When processing personal data on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection in accordance with Art. 21 (1) GDPR, unless we can provide compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

Otherwise, stored personal data will be deleted if it is no longer necessary for the purposes for which it was collected or otherwise processed.