PRIVACY POLICY

1. General Information

At Lush Living we take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

When you use this website, various personal data is collected. Personal data is any data with which you can be personally identified.

This privacy policy explains which data we collect and what we use it for. It also explains how and for what purpose this happens.

Who is responsible for the processing of your personal data?

The responsible entity (“Controller”) for data processing on this website is:

Lush Living Estates Limited

5 Muyenga Tankhill Road

Muyenga, Kampala, Uganda

Email: lushliving.estates@gmail.com

The Controller is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data.

How do we collect your personal data?
First, your personal data is collected by you providing it to us. This may, for example, be data that you enter into a contact form. Second, personal data is collected automatically or with your consent when you visit the website through our IT systems. This is primarily technical data (e.g., internet browser, operating system, or time of the page view). The
collection of this data occurs automatically as soon as you visit this website.

What do we use your data for?
Part of the data is collected to ensure the error-free provision of our services through the website. Other data may be used to analyze our website users’ behavior. If contracts can be concluded or initiated via the website, the transmitted data will also be processed for contractual offers, orders, or other service requests.

What rights do you have regarding your personal data?
You have the right at any time to receive free information about the origin, recipients, and purpose of your stored personal data. You also have the right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. Furthermore, you have the right, under certain circumstances, to request the restriction of the processing of your personal data. You also have the right to lodge a complaint with the competent supervisory authority. Detailed information regarding your rights as a data subject you can find in Section 7 at the end of this Privacy Statement.

Storage Duration

Unless a more specific retention period is stated in this privacy policy, your personal data will remain with us until the purpose for data processing no longer applies. If you assert a legitimate request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g., tax or commercial retention periods); in the latter case, deletion will take place after these reasons cease to apply.

Legal Basis for Data Processing

If you have given consent to the processing of your personal data, we process your personal data on the basis of Art. 6(1)(a) GDPR. Consent can be revoked at any time.
If your data is necessary for the performance of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6(1)(b) GDPR.

Furthermore, we process your data if this is necessary to fulfill a legal obligation on the basis of Art. 6(1)(c) GDPR.

Data processing may also be based on our legitimate interest pursuant to Art. 6(1)(f) GDPR.

The respective legal bases in each individual case are explained in the following paragraphs of this privacy policy.

Recipients of personal data

As part of our business activities, we work together with various external organisations. In some cases, it is also necessary to transfer personal data to these external organisations. We only pass on personal data to external bodies if this is necessary for the fulfilment of a contract, if we are legally obliged to do so (e.g. passing on data to tax authorities), if we have a legitimate interest in passing on data in accordance with Art. 6 para. 1 lit. f GDPR or if another legal basis permits the passing on of data. When using processors, we only pass on our customers' personal data on the basis of a valid data processing agreement. In the case of joint processing, a joint processing agreement is concluded.

SSL and TLS encryption

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the site operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from

‘http://’ to ‘https://’ and by the lock symbol in your browser line. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

2. Hosting

We host the content of our website with the provider WIX. The provider is Wix.com Ltd., 40 Namal Tel Aviv St., Tel Aviv 6350671, Israel ("WIX").

WIX is a tool for creating and hosting websites. When you visit our website, WIX analyzes user behavior, visitor sources, region of website visitors, and visitor numbers. WIX stores cookies in your browser that are required for the presentation of the website and for security purposes (essential cookies).

The data collected by WIX may be stored on various servers worldwide. The servers of WIX are located, among others, in the USA. Details can be found in WIX’s privacy policy: https://www.wix.com/about/privacy

According to WIX, data transfers to the USA and other third countries are based on the standard contractual clauses of the EU Commission or comparable guarantees under Art. 46 GDPR. For details, visit: https://www.wix.com/about/privacy-dpa-users

The use of WIX is based on Art. 6(1)(f) GDPR. We have a legitimate interest in the most reliable possible presentation of our website. If consent has been requested, processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25(1) TDDDG, insofar as the consent includes the storage of cookies or access to information on the user’s end device (e.g., device fingerprinting) within the meaning of the TDDDG. Consent can be revoked at any time.

The company is certified under the EU-US Data Privacy Framework (DPF). The DPF is an agreement between the EU and the USA designed to ensure compliance with European data protection standards in data processing operations in the USA. Each DPF-certified company undertakes to comply with these data protection standards. Further information is available here: https://www.dataprivacyframework.gov/participant/5626

Data Processing Agreement

We have concluded a Data Processing Agreement (DPA) for the use of the above service. This is a data protection contract required by law, which ensures that the service processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.

3. Data Collection on This Website

Cookies

Our websites use so-called "cookies." Cookies are small data packets that do not cause any harm to your end device.
They are either stored temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your device. Session cookies are automatically deleted after your visit. Permanent cookies remain stored on your device until you delete them yourself or automatic deletion is carried out by your web browser.

Cookies can be set by us (first-party cookies) or by third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services from third-party companies within websites (e.g., cookies for processing payment services).

Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g., the shopping cart function or the display of videos). Other cookies may be used to evaluate user behavior or for advertising purposes.

Cookies that are required to carry out the electronic communication process, to provide certain functions you have requested (e.g., for the shopping cart function), or to optimize the website (e.g., cookies for measuring the web audience) are stored based on Art. 6(1)(f) GDPR, unless another legal basis is specified. The website owner has a legitimate interest in storing necessary cookies for the technically error-free and optimized provision of its services. If consent has been requested for the storage of cookies and comparable recognition technologies, processing is carried out exclusively based on this consent (Art. 6(1)(a) GDPR and § 25(1) TDDDG); the consent can be revoked at any time.

You can set your browser to inform you about the setting of cookies and to allow cookies only in individual cases, to exclude the acceptance of cookies for certain cases or in general, and to activate the automatic deletion of cookies when closing the browser. The functionality of this website may be restricted when cookies are deactivated.

You can find out which cookies and services are used on this website in this privacy policy.

Server Log Files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

- Browser type and version
- Operating system used
- Referrer URL
- Hostname of the accessing computer
- Time of the server request
- IP address

This data will not be merged with other data sources.

The collection of this data is based on Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the technically error-free presentation and the optimization of its website – for this, the server log files must be recorded.

Contact Form

If you send us enquiries via the contact form, your details from the enquiry form, including the contact details you provide there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions.

We use the ‘Wix Forms’ application from the provider WIX for the contact form (see above for information on WIX data protection). This data is processed on the basis of Art. 6 para. 1 lit. b GDPR if your enquiry is related to the fulfilment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the enquiries addressed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art. 6 para. 1 lit. a GDPR) if this has been requested; consent can be revoked at any time.

We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Mandatory statutory provisions - in particular retention periods - remain unaffected.

Booking of Apartments

For hotel bookings via the website, we use the Wix app Wix Hotels by HotelRunner from the provider HotelRunner, INC. 2035 Sunset Lake Road, Suite B-2, Delaware, DE, 19702, United States (‘Wix Hotels’).

Wix Hotels enables us to show you the availability of our flats and to accept and confirm your booking requests via the website. Wix Hotels stores cookies on your browser that are required to display the website and to ensure security (necessary cookies).

The personal data collected during the hotel booking process is your name, your contact details and, if applicable, your e-mail address.

The data collected via WIX Hotels may be stored on various servers worldwide. The Wix Hotels servers are located in the USA, among other places. Details can be found in the Wix Hotels privacy policy at https://hotelrunner.com/en/privacy-policy-wix/.

The use of Wix Hotels is based on Art. 6 para. 1 lit. b GDPR.

Payments via DPO Group

In the future, payment functionality on our website will be provided via the service provider DPO Group. When using this feature, personal data required to complete the payment transaction (such as name, booking reference, and payment details) will be processed by DPO Group.

DPO Group acts as an independent data controller for payment processing and stores transaction information in accordance with its own policies. For more information, please refer to DPO Group’s privacy policy: https://www.dpogroup.com/privacy-policy/

The processing is based on Art. 6(1)(b) GDPR as it is necessary to fulfill the accommodation contract between you and us.

Enquiry by e-mail or telephone

If you contact us by e-mail, telephone or fax, your enquiry including all personal data (name, enquiry) will be stored and processed by us for the purpose of processing your request. We will not pass on this data without your consent.

This data is processed on the basis of Art. 6 para. 1 lit. b GDPR if your enquiry is related to the fulfilment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the enquiries addressed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art. 6 para. 1 lit. a GDPR) if this has been requested; consent can be revoked at any time.

The data you send to us via contact requests will remain with us until you ask us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.

Usercentrics Consent Management Platform

We use the Consent Management Platform provided by Usercentrics GmbH to manage your cookie preferences in compliance with data protection regulations.

Usercentrics enables us to display a cookie banner and record your consent for the use of cookies and third-party tools. This data is stored and retained as proof of consent.

The use of Usercentrics is based on our legal obligation to manage cookie consent transparently (Art. 6(1)(c) GDPR) and our legitimate interest (Art. 6(1)(f) GDPR) in complying with legal requirements. You can access and modify your cookie preferences at any time using the link in the website footer. For more information, visit the Usercentrics privacy policy: https://usercentrics.com/privacy-policy/

For an overview of the cookies used on this website, including their purpose, provider, and storage duration, please refer to our cookie declaration page.

User Registration (planned feature)

In the future, our website will offer a registration function allowing users to create a personal account. This account will enable you to manage bookings, update contact details, and view your reservation history.

The personal data collected for registration (e.g., name, email address, password) will be used solely for account management and related customer support. This data will not be disclosed to third parties unless necessary for the execution of the contract.

Data entered during registration will be processed based on your consent (Art. 6(1)(a) GDPR) or for the performance of a contract (Art. 6(1)(b) GDPR). You can delete your account at any time.

4. Social Media

Instagram

This website integrates functions of the Instagram service. These functions are provided by Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland (“Meta Platforms”).

When the social media element is active, a direct connection is established between your device and the Instagram server. Instagram is thereby informed that you have visited this website.

If you are logged into your Instagram account, you can link the contents of this website to your Instagram profile by clicking the Instagram button. This allows Instagram to associate your visit to this website with your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or of its use by Instagram.

The use of this service is based on your consent pursuant to Art. 6(1)(a) GDPR and § 25(1) TDDDG. This consent can be revoked at any time.

Where personal data is collected on our website using the tool described here and forwarded to Facebook or Instagram, we and Meta Platforms, Ireland are jointly responsible for this data processing (Art. 26 GDPR). The joint responsibility is limited solely to the collection of the data and its forwarding to Facebook or Instagram. The processing by Facebook or Instagram that occurs after the forwarding is not part of the joint responsibility.

The obligations we share have been set out in a joint processing agreement. The wording of the agreement can be found here: https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for providing the data protection information when using the Facebook or Instagram tools and for the privacy-safe implementation of the tool on our website. Facebook is responsible for the data security of Facebook and Instagram products. You can assert your data subject rights (e.g., access requests) regarding the data processed by Facebook or Instagram directly with Facebook. If you assert the data subject rights with us, we are obliged to forward them to Facebook.

The transfer of data to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here:
https://www.facebook.com/legal/EU_data_transfer_addendum,
https://privacycenter.instagram.com/policy/ and
https://de-de.facebook.com/help/566994660333381.

Further information can be found in Instagram’s privacy policy: https://privacycenter.instagram.com/policy/

Meta is certified under the "EU-US Data Privacy Framework" (DPF). The DPF is an agreement between the EU and the USA intended to ensure compliance with European data protection standards for data processing in the USA. Every DPF-certified company undertakes to comply with these data protection standards. More information can be found at: https://www.dataprivacyframework.gov/participant/4452

WhatsApp Communication

We provide a link on our website to initiate direct communication via WhatsApp. This link redirects you to the WhatsApp application operated by Meta Platforms. If you use this link, WhatsApp processes your personal data (e.g., phone number, message content) under its own privacy policy.

We do not store message contents transmitted via WhatsApp on our web servers. Please refer to the WhatsApp privacy policy for further information:
https://www.whatsapp.com/legal/privacy-policy

The legal basis for linking to WhatsApp is our legitimate interest under Art. 6(1)(f) GDPR in providing a fast and user-friendly communication method.

5. Newsletter Subscription

Newsletter Data

If you would like to receive the newsletter offered on the website, we require an email address from you as well as information that allows us to verify that you are the owner of the provided email address and that you agree to receive the newsletter. No further data will be collected or only on a voluntary basis. We use this data exclusively for sending the requested information and do not pass it on to third parties.

The processing of the data entered into the newsletter registration form is based exclusively on your consent (Art. 6(1)(a) GDPR). You can revoke your consent to the storage of the data, the email address, and its use for sending the newsletter at any time, for example, via the "unsubscribe" link in the newsletter. The legality of the data processing operations already carried out remains unaffected by the revocation.

The data you provide to us for the purpose of receiving the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter or until the purpose no longer applies and will be deleted from the newsletter distribution list after you unsubscribe or after the purpose ceases to apply. We reserve the right to delete or block email addresses from our newsletter distribution list at our discretion within the scope of our legitimate interest pursuant to Art. 6(1)(f) GDPR. Data stored by us for other purposes remains unaffected.

After you unsubscribe from the newsletter distribution list, your email address may be stored in a blacklist by us or the newsletter service provider if this is necessary to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in complying with legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6(1)(f) GDPR). Storage in the blacklist is not time-limited.

6. Plugins and Tools

Google Maps

This site uses the Google Maps service. The provider is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland. This service allows us to integrate map material into our website.

To use the functions of Google Maps, it is necessary to store your IP address. This information is generally transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer. When Google Maps is activated, Google may use Google Fonts for a uniform display of fonts. When you call up Google Maps, your browser loads the required web fonts into your browser cache to display texts and fonts correctly.

The use of Google Maps is in the interest of an attractive presentation of our online offers and an easy findability of the locations we indicate on the website. This constitutes a legitimate interest within the meaning of Art. 6(1)(f) GDPR. If appropriate consent has been requested, processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25(1) TDDDG, insofar as the consent includes the storage of cookies or access to information in the user’s terminal device (e.g., device fingerprinting) within the meaning of the TDDDG. Consent can be revoked at any time.

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here:
https://privacy.google.com/businesses/gdprcontrollerterms/ and https://privacy.google.com/businesses/gdprcontrollerterms/sccs/

More information on the handling of user data can be found in Google's privacy policy: https://policies.google.com/privacy?hl=en

Google is certified under the "EU-US Data Privacy Framework" (DPF). The DPF is an agreement between the European Union and the USA intended to ensure compliance with European data protection standards in US-based data processing. Every DPF-certified company undertakes to comply with these standards. More information can be found at: https://www.dataprivacyframework.gov/participant/5780

7. Rights of the Data Subject

Right to object to the collection of data in special cases and to direct marketing (Art. 21 GDPR)

If the data processing is carried out based on Art. 6 para. 1 lit. e or f GDPR, you have the right to object to the processing at any time for reasons arising from your particular situation. The respective legal basis for processing can be found in the privacy policy. If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing serves the establishment, exercise or defense of legal claims (objection pursuant to Art. 21 (1) GDPR).

If your personal data is processed for the purpose of direct advertising, you have the right to object to the processing for the purpose of such advertising at any time. If you object, your data will no longer be used for this purpose (objection pursuant to Art. 21 (2) GDPR).

Right to lodge a complaint with the competent supervisory authority

In the event of infringements of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work or place of the alleged infringement. The right to lodge a complaint is without prejudice to any other administrative or judicial remedy.

Right to data portability

You have the right to have data that we process automatically based on your consent or in fulfilment of a contract handed over to you or to a third party in a commonly used, machine-readable format. If you request the direct transfer of the data to another controller, this will only take place if it is technically feasible.

Information, rectification and erasure

Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of the data processing and, if necessary, a right to correction or deletion of this data. You can contact us at any time with regard to this and other questions on the subject of personal data.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. You can contact us at any time to do this. The right to restriction of processing exists in the following cases:

If you dispute the accuracy of your personal data stored by us, we generally need time to check this. For the duration of the review, you have the right to request the restriction of the processing of your personal data.If the processing of your personal data was/is unlawful, you can request the restriction of data processing instead of erasure.

If we no longer need your personal data, but you need it for the exercise, defence or assertion of legal claims, you have the right to request the restriction of the processing of your personal data instead of its erasure. If you have lodged an objection in accordance with Art. 21 para. 1 GDPR, a balance must be struck between your interests and ours. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data - apart from its storage - may only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State.