The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit our website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject of data protection, please consult our Data Protection Declaration, which we have included beneath this text.
Status: August 2019
Data recording on our website
Who is the responsible party for the recording of data on this website (i.e. the “controller”)?
The data on this website is processed by the operator of the website:
JOY Beach Villas
4, Hin Kong Rd
84280 Koh Phangan
Surrat Thani, Thailand
Phone: +66 (0)63 815 7308
Further information is available under section “Information Required by Law” on this website
Data protection officer
We are below the number of employees who process personal data necessary for the appointment of a data protection officer.
Which data do we process?
The categories of processed data include: Inventory data, contact data and content data, which you communicate to us via contact form or e-mail, as well as usage and communication data. This includes your anonymized IP address and data on the software and hardware you use.
In principle, we do not process any special categories of data – unless you provide us with this data using the contact form.
We process data of visitors and users of our online offer as well as the data of customers, interested parties and suppliers.
We process the collected data to make our online offer, its functions and contents available, to provide contractual services and to answer contact inquiries and to communicate with our customers.
How do we record your data?
We collect your data as a result of sharing your data with us. This may, for instance be information you enter into our contact form.
Our IT systems automatically record other data when you visit our website. This data comprises primarily technical information (e.g. web browser, operating system or the time the site was accessed). This information will be recorded automatically when you access our website.
Legal bases of data processing
In accordance with Art. 13 GDPR, we hereby inform you of the legal basis of our data processing. The legal basis for obtaining consents is Art. 6 para. 1 lit. a, the legal basis for the processing for the fulfilment of our services and the execution of contractual measures as well as the answering of enquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for the processing for the fulfilment of our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for the processing for the protection of our legitimate interests is Art. 6 para. 1 lit. f GDPR. 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) GDPR 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 GDPR serves as the legal basis for processing.
Changes to this data protection declaration
Please check this website regularly for the contents of our data protection declaration. As soon as the data processing carried out by us makes this necessary, we will amend our data protection declaration. Should changes require your cooperation (e.g. consent), we will inform you individually.
What rights do you have as far as your information is concerned?
You have the right to receive information about the source, recipients and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data should be rectified, blocked or eradicated. Please do not hesitate to contact us at any time under the address disclosed in section “Information Required by Law” on this website if you have questions about this or any other data protection related issues. You also have the right to log a complaint to the responsible supervisory authority
We process personal data of users only in compliance with the relevant data protection regulations. This means that user data will only be processed if a legal permission has been obtained. This means, in particular if data processing is necessary for the provision of our contractual services (e.g. processing of orders) and online services, or is required by law, if the user has given his or her consent, as well as on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation and security of our online services within the meaning of Art. 6 Para. 1 letter f. GDPR, in particular for range measurement, creation of profiles for advertising and marketing purposes, collection of access data and use of third-party services.
We point out that the legal basis of the consents Art. 6 para. 1 lit. a. and Art. 7 GDPR, the legal basis for the processing for the fulfilment of our services and implementation of contractual measures Art. 6 para. 1 lit. b. GDPR, the legal basis for processing to fulfil our legal obligations Art. 6 para. 1 lit. c. GDPR, and the legal basis for processing to protect our legitimate interests Art. 6 para. 1 lit. f. GDPR is.
We shall take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk, in accordance with Article 32 GDPR, taking into account the state of the art, implementation costs and the nature, scope, circumstances and purposes of processing and the different likelihood and severity of the risk to the rights and freedoms of natural persons; the measures shall include in particular safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transmission, security of availability and its separation. Furthermore, we have established procedures that guarantee the exercise of data subject rights, deletion of data and reaction to data risks. Furthermore, we already consider the protection of personal data during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly presettings (Art. 25 GDPR).
The security measures include in particular the encrypted transmission of data between your browser and our server.
Cooperation with contract processors and third parties
If we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transmit it to them or otherwise grant them access to the data, this shall only take place on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as payment service providers, in accordance with Art. 6 Para. 1 lit. b GDPR for contract fulfilment is necessary), if you have consented, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties with the processing of data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 GDPR.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or disclosure or transfer of data to third parties, this only takes place if it occurs for the fulfilment of our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or leave the data in a third country only if the special requirements of Art. 44 ff. Process GDPR. This means, for example, processing is carried out on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to the EU (e.g. for the USA by the “Privacy Shield”) or compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”).
Rights of data subjects
You have the right to request confirmation as to whether the data concerned are being processed and to request information about these data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
They have correspondingly. In accordance with Article 16 of the DSBER, you have the right to request the completion of data concerning you or the correction of inaccurate data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that relevant data be deleted immediately or, alternatively, to demand a restriction on the processing of the data in accordance with Art. 18 GDPR.
You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request its transmission to other persons responsible.
In accordance with Art. 77 GDPR, they also have the right to file a complaint with the competent supervisory authority.
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 GDPR.
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 GDPR.
Right of revocation
You have the right to revoke consents granted pursuant to Art. 7 para. 3 GDPR with effect for the future.
Revocation of your consent to the processing of data
Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR).
A wide range of data processing transactions are possible only subject to your express consent. You can also revoke any consent you have already given us at any time. To do so, all you are required to do is sent us an informal notification via e-mail. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.
All personal data stored in the course of contacting us will be deleted in this case.
Deletion of data
The data processed by us will be deleted or their processing restricted in accordance with Articles 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory storage obligations. If the data are not deleted because they are necessary for other and legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.
In accordance with statutory requirements, the records are kept in particular for 6 years in accordance with § 257 (1) HGB (trading books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with § 147 (1) AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.).
Right to deletion – obligation 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 GDPR, and there is no other legal basis for the processing. (3) You file an objection against the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to Art. 21 para. 2 GDPR. (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 GDPR.
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 GDPR, 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.
The right to cancellation shall not apply where processing is necessary (1) for the exercise of the right of freedom of expression and information; (2) to fulfil a legal obligation required for processing under the law of the Union or of the Member States to which the controller is subject or to perform 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 in accordance with Art. (4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the right referred to under a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing; or (5) for the assertion, exercise or defence of legal claims.
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 which enables the 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 the restriction of the use of the personal data; (3) the controller no longer needs the personal data for the purposes of the processing but you need it for the purpose of asserting, exercising or defending legal claims, or (4) if you object to the processing pursuant to Art. 21 para. 1 GDPR and it is not yet clear 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.
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 transfer this data to another data controller without obstruction by the data controller to whom the personal data was provided, provided that (1) the processing is based on a consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and (2) the processing is carried out using automated procedures.
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.
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.
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.
If you submit inquiries to us via our contact form, the information provided in the contact form as well as any contact information provided therein will be stored by us in order to handle your inquiry and in the event that we have further questions. We will not share this information without your consent.
User information can be stored in our Customer Relationship Management System (“CRM System”) or comparable request organization.
Hence, the processing of the data entered into the contact form occurs exclusively based on your consent (Art. 6 Sect. 1 lit. a GDPR). You have the right to revoke at any time any consent you have already given us. To do so, all you are required to do is to sent us an informal notification via e-mail. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.
The information you have entered into the contact form shall remain with us until you ask us to eradicate the data, revoke your consent to the archiving of data or if the purpose for which the information is being archived no longer exists (e.g. after we have concluded our response to your inquiry). This shall be without prejudice to any mandatory legal provisions – in particular retention periods.
We delete the requests if they are no longer necessary. For the personal data sent by e-mail, this is the case when the 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. We review the requirement every two years; requests from customers who have a customer account are stored permanently and are linked to the customer account details for deletion. In the case of statutory archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) storage obligation).
Online appearances in social media
We maintain online presences within social networks and platforms in order to communicate with active customers, interested parties and users and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.
Cookies & range measurement
Cookies are information that is transferred from our web server or third party web servers to the user’s web browser and stored there for later retrieval. Cookies can be small files or other types of information storage.
In some instances, our website and its pages use so-called cookies. Cookies do not cause any damage to your computer and do not contain viruses. The purpose of cookies is to make our website more user friendly, effective and more secure. Cookies are small text files that are placed on your computer and stored by your browser.
Most of the cookies we use are so-called “session cookies.” They are automatically deleted after you leave our site. Other cookies will remain archived on your device until you delete them. These cookies enable us to recognise your browser the next time you visit our website.
You can adjust the settings of your browser to make sure that you are notified every time cookies are placed and to enable you to accept cookies only in specific cases or to exclude the acceptance of cookies for specific situations or in general and to activate the automatic deletion of cookies when you close your browser. If you deactivate cookies, the functions of this website may be limited.
Cookies that are required for the performance of the electronic communications transaction or to provide certain functions you want to use (e.g. the shopping cart function), are stored on the basis of Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in storing cookies to ensure the technically error free and optimised provision of the operator’s services. If other cookies (e.g. cookies for the analysis of your browsing patterns) should be stored, they are addressed separately in this Data Protection Declaration.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
Analysis tools and tools provided by third parties
There is the possibility that your browsing patterns will be statistically analysed when you visit our website. Such analyses are performed primarily with cookies and with what we refer to as analysis programmes. As a rule, the analyses of your browsing patterns are conducted anonymously; i.e. the browsing patterns cannot be traced back to you. You have the right to object to such analyses or you can prevent their performance by not using certain tools. For detailed information about this, please consult our Data Protection Declaration below. You do have the option to object to such analyses. We will brief you on the objection options in this Data Protection Declaration.
The following presentation provides an overview of third-party providers and their contents, together with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, possibilities of objection (so-called opt-out):
Social media channels
Online presence (fan page) on Facebook
Our presence on social networks and platforms serves a better, active communication with our customers and interested parties. We inform you about us, our products and current offers and events.
When you visit our online presence in social media, your data may be automatically collected and stored for market research and advertising purposes. So-called user profiles are created from this data using pseudonyms. These can be used, for example, to place advertisements inside and outside the platforms that presumably correspond to your interests. For this purpose, cookies are usually used on your terminal device. The visitor behaviour and the interests of the users are stored in these cookies. In accordance with Art. 6 Para. 1 lit. f. GDPR to safeguard our predominantly legitimate interests in an optimised presentation of our offer and effective communication with customers and interested parties within the scope of a weighing of interests. If you are asked by the respective social media platform operators for their consent to data processing, e.g. with the help of a checkbox, the legal basis for data processing is Art. 6 Para. 1 lit. a GDPR.
Insofar as the aforementioned social media platforms have their headquarters in the USA, the following applies: The European Commission has issued an adequacy decision for the USA. This goes back to the EU-US Privacy Shield. A current certificate for Facebook can be viewed here.
The data processing is based on an agreement between the jointly responsible parties pursuant to Art. 26 GDPR, the operator of the fan page (responsible party as mentioned above under “Data collection on our website” and Facebook Inc.) which you can view here.
The detailed information on the processing and use of the data by the providers on their pages as well as a contact option and your rights in this regard and setting options to protect your privacy, in particular opt-out options, please refer to the below linked data protection information of the providers. Should you nevertheless require help in this regard, you can contact us.
Information about Facebook Insights
Information about data protection on Facebook
Possibility of objection (opt-out)