Franchise Privacy Policy

The responsible entity is Lukndag GmbH, Anna-Schneider-Steig 7, 50678 Cologne, represented by Metin Dag, Anna-Schneider-Steig 7, 50678 Cologne.

Lukndag, together with a franchise consulting partner who also receives the data, will process the data for the purposes of checking whether you have applied multiple times, can become a franchisee, and then, if applicable, for the purposes of implementing and processing the franchise agreement (legal bases Art. 6 para. 1 p. 1 lit. b, f GDPR). We pursue legitimate interests in effective processes and utilizing the expertise of our franchise consulting partner to offer an optimized franchise experience. Data is used for the purposes of asserting, exercising, or defending legal claims and is shared with lawyers, courts, authorities, arbitration boards, and similar institutions to protect our legitimate interests in legal enforcement and defense (legal basis Art. 6 para. 1 p. 1 lit. f GDPR). To provide investors or potential buyers of our company with an overview of our business, we may also share data of franchisees (legal basis Art. 6 para. 1 p. 1 lit. f GDPR) and pursue our legitimate interest in the economic exploitation and preservation of our company’s financial strength. In addition, the data is processed to fulfill our legal retention and data disclosure obligations to authorities and courts (Art. 6 para. 1 p. 1 lit. c GDPR).
If we do not enter into a franchise agreement with you, the data will be stored for 6 months after notifying you of the rejection. If we enter into a franchise agreement with you, the data will be stored for the duration of the contract and, if it is subject to retention requirements at that time, beyond that until the expiration of the legal retention periods, which can currently last up to 10 years.
You have the following rights, although we point out that individual restrictions may arise from the cited provisions of the General Data Protection Regulation (GDPR):

• According to Art. 15 GDPR, to request information about your personal data processed by us. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage duration, the existence of a right to rectification, deletion, restriction of processing or objection, the existence of a right to complain, the origin of your data if not collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about their details;

• According to Art. 16 GDPR, to demand the immediate correction of incorrect or completion of your personal data stored by us;

• According to Art. 17 GDPR, to request the deletion of your personal data stored by us, unless the processing is necessary for exercising the right of freedom of expression and information, for fulfilling a legal obligation, for reasons of public interest, or for asserting, exercising, or defending legal claims;

• According to Art. 18 GDPR, to demand the restriction of processing of your personal data, insofar as you contest the accuracy of the data, the processing is unlawful, but you refuse its deletion and we no longer need the data, but you need it for asserting, exercising, or defending legal claims or you have objected to the processing according to Art. 21 GDPR;

• According to Art. 7 para. 3 GDPR, to revoke your once given consent to us at any time. This has the consequence that we may no longer continue the data processing based on this consent for the future. The lawfulness of the data processing until the revocation remains unaffected;

• According to Art. 20 GDPR, to receive your personal data that you have provided to us in a structured, common, and machine-readable format or to demand the transfer to another controller;

• According to Art. 77 GDPR, to complain to a data protection supervisory authority and you can usually contact the supervisory authority of your usual place of residence or workplace.

• If your personal data is processed based on legitimate interests pursuant to Art. 6 para. 1 p. 1 lit. f) GDPR, you have the right to object to the processing of your personal data in accordance with Art. 21 GDPR, provided that there are grounds relating to your particular situation or the objection is directed against direct marketing. In the latter case, you have a general right to object, which we will implement without you having to specify a particular situation. If you wish to exercise your right of revocation or objection, a message to the responsible party is sufficient.
We explain your rights and limitations of your rights in detail as follows:

1. Right to Information:
You can request confirmation from the controller as to whether personal data concerning you is being processed by us.
If such processing is taking place, you can request the following information from the controller:
1. The purposes for which the personal data is being processed;
2. The categories of personal data being processed;
3. The recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed;
4. The planned duration of storage of your personal data or, if specific information is not possible, criteria for determining the storage duration;
5. The existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
6. The existence of a right to lodge a complaint with a supervisory authority;
7. Any available information on the source of the data if the personal data is not collected from the data subject;
8. The existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You have the right to request information about whether your personal data is transferred to a third country or to an international organization. In this context, you can request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR relating to the transfer.

2. Right to Rectification:
You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you is inaccurate or incomplete. The controller must make the correction without delay.

3. Right to Restriction of Processing:
You can request the restriction of processing of personal data concerning you under the following conditions:

1. If you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
2. The processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
3. The controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defense of legal claims, or
4. If you have objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override yours.
Where processing of personal data concerning you has been restricted, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defense 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 Union or of a Member State. If the restriction of processing has been restricted according to the above conditions, you will be informed by the controller before the restriction is lifted.

3. Right to Erasure
a) Obligation to Erase
You can request the controller to erase your personal data immediately, and the controller is obligated to erase this data immediately, provided one of the following reasons applies:
1. The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
2. You revoke your consent on which the processing was based according to Art. 6(1)(a) or Art. 9(2)(a) GDPR, and there is no other legal basis for the processing.
3. You object to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21(2) GDPR.
4. The personal data concerning you has been unlawfully processed.
5. The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
6. The personal data concerning you was collected in relation to offered information society services referred to in Art. 8(1) GDPR.

a) Information to Third Parties
If the controller has made the personal data concerning you public and is obliged pursuant to Art. 17(1) GDPR to erase the data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

b) Exceptions
The right to erasure does not exist to the extent that processing is necessary
1. for exercising the right of freedom of expression and information;
2. for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
3. for reasons of public interest in the area of public health in accordance with Art. 9(2)(h) and (i) as well as Art. 9(3) GDPR;
4. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89(1) GDPR in so far as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
5. for the establishment, exercise or defense of legal claims.
5) Right to Information
If you have asserted the right of rectification, erasure or restriction of processing to the controller, he is obliged to notify all recipients to whom your personal data have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed about these recipients by the controller.
6) Right to Data Portability
You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where 1. the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and 2. the processing is carried out by automated means.
In exercising this right, you further have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This shall not adversely affect the rights and freedoms of others.
The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7) General Information on Your Right to Object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions.
We will no longer process personal data concerning you 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.
If personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing; this also applies to profiling to the extent that it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility to exercise your right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by automated means using technical specifications.
8) General Information About Your Right to Object
You have the right to revoke your data protection consent declaration at any time. The revocation of consent does not affect the lawfulness of processing based on consent before its revocation.
9) Automated Individual Decision-Making, Including Profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
1. is necessary for entering into, or performance of, a contract between you and the data controller,
2. is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or
3. is based on your explicit consent.
However, these decisions must not be based on special categories of personal data referred to in Article 9(1) GDPR, unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
In the cases referred to in points (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your own point of view and to contest the decision. The provision of all data requested above is necessary to enter into a contract with you.
If you do not provide us with complete information, we cannot enter into a franchise agreement with you.
This decision is not made automatically.