Data protection

This data protection declaration informs you about the type, scope andpurpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the websites, functions and content associated with it as well as external online presences, such as our social media profiles (hereinafter jointly referred to as “online offer”). With regard to the terms used, such as “processing” or “controller”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

Responsible

Hotel Tivoli GmbH & Co KG
Bernd Sandschulte
Beckstraße 2
D-27711 Osterholz-Scharmbeck
Phone: +49 (0) 4791 805-0
Email: info@hotel-tivoli.de

Types of data processed:

– Inventory data (e.g. names, addresses);
– Contact data (e.g. email, phone numbers);
– Content data (e.g. text entries, photographs, videos);
– Usage data (e.g. web pages visited, interest in content, access times);
– Meta/communication data (e.g. device information, IP addresses).

Categories of data subjects

Visitors and users of the online offer (hereinafter we also refer to the data subjects collectively as “users”).

Purpose of the processing

– Provision of the online offer, its functions and contents;
– Responding to contact requests and communication with users;
– Security measures;
– Range measurement/marketing.
Terminology used
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and includes virtually any handling of data.

“Pseudonymization” means the processing of personal data in such a way that personal data can no longer be related to a specific data subject without additional information, provided that this additional information is kept separately and is subject to technical and organizational measures which ensure that the personal data are not attributed to an identified or identifiable natural person.

“Profiling” means any automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.

“Controller” means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.

“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Relevant legal bases

In accordance with Art. 13 of the GDPR, we are informing you about the legal basis of our data processing. If the legal basis is not mentioned in the privacy policy, the following applies: Art. 6 Section 1 (a) and Art. 7 of the GDPR serve as the legal basis insofar as we obtain the concerned data subject’s consent to process personal data; Art. 6 Section 1 (b) of the GDPR serves as the legal basis where data processing is necessary for the performance of our services, implementation of contractual measures and responses to requests ; Art. 6 Section 1 (c) of the GDPR serves as the legal basis where processing is necessary for compliance with a legal obligation to which our hotel is subject; and Art. 6 Section 1 (f) of the GDPR serves as the legal basis where processing is necessary for the purposes of our legitimate interests. Art. 6 Section 1 (d) serves as the legal basis where processing is necessary in order to protect the vital interests of the data subject or of another natural person.

Security measures

We take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk in accordance with Article 32 of the GDPR, taking into account the state of the art, the costs of implementation and the nature, scope, circumstances and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons.

The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transfer, availability and separation of the data. We also have procedures in place to ensure the data subject may exercise their rights, deletion of data and response to data compromise. Furthermore, we already take the protection of personal data into account during the development and selection of hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Article 25 of the GDPR).

Cooperation with processors and third parties

If we disclose data to other persons and companies (processors or third parties) within the scope of our processing, transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if transmission of the data to third parties, such as to payment service providers, is necessary for the performance of the contract pursuant to Art. 6 Section 1 (b) of the GDPR), you have consented, 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 agreement”, this is done on the basis of Art. 28 of the 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 the disclosure or transfer of data to third parties, this will only occur if it is done in order to fulfil 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 will only process or allow data to be processed in a third country if the special requirements of Art. 44 et seq. of the GDPR are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection corresponding to the EU (e.g. for the USA by the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

Rights of data subjects

You have the right to obtain confirmation as to whether data in question are processed and to obtain information about these data and further information and a copy of the data in accordance with Article 15 of the GDPR.

According to. Art. 16 of the GDPR, you have the right to request the completion of the data concerning you or the rectification of inaccurate data concerning you.

In accordance with Art. 17 of the GDPR, you have the right to demand that data concerning you be deleted without delay or, alternatively, in accordance with Art. 18 of the GDPR, to demand that the processing of the data be restricted.

You have the right to obtain the personal data relating to you that you have provided to us in accordance with Art. 20 of the GDPR and to request that it be transferred to other data controllers.

You also have the right to lodge a complaint with the competent supervisory authority in accordance with Article 77 of the GDPR.

Right of withdrawal

You have the right to revoke any given consent according to Art. 7 Section 3 of the GDPR with effect for the future.
Right of objection
You may object to the future processing of data relating to you in accordance with Art. 21 of the GDPR at any time. The objection can be made in particular against the processing for purposes of direct marketing.

Cookies and right to object to direct advertising

“Cookies” are small files that are stored on the user’s computer. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his/her visit within an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his/her browser. In this kind of cookie, for example, the contents of a shopping cart in an online shop or a login status can be stored. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent”. For example, the login status can be stored if users visit them after several days. Likewise, the interests of users can be stored in this kind of cookie, which is used for range measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the responsible party that operates the online offer (otherwise, if they are only their own cookies, they are called “first-party cookies”).

We may use temporary and permanent cookies and will explain this in our privacy policy.

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.

A general objection to the use of cookies used for online marketing purposes can be declared for
a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, cookies can be stored by disabling them in the browser settings. Please note that in this case, not all functions of this online offer can be used.

Deletion of data

The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated within the scope of 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 retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted, i.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons relating to commercial or tax law.

According to legal requirements in Germany, data is stored for 10 years in accordance with Art. 147 Section 1 of the German Fiscal Code, Art. 257 Section 1 Nos. 1 and 4 and Art. 4 of the German Commercial Code (books, records, management reports, accounting vouchers, commercial books, documents relevant to taxation, etc.) and 6 years in accordance with Art. 257 Section 1 Nos. 2 and 3 and Art. 4 of the German Commercial Code (commercial letters).

According to legal requirements in Austria, records are kept for 7 years pursuant to Art. 132 Section 1 of the Austrian Fiscal Code (accounting records, vouchers/invoices, accounts, receipts, business papers, statement of income and expenditure, etc.), for 22 years in connection with real property and for 10 years for records in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.

Agency Services

We process the data of our customers within the scope of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development/ consulting or maintenance, implementation of campaigns and processes/handling, server administration, data analysis/consulting services and training services.

In this context, we process inventory data (e.g. customer master data, such as names or addresses), contact data (e.g. email, telephone numbers), content data (e.g. text entries, photographs, videos), contract data (e.g. subject matter of contract, term), payment data (e.g. bank details, payment history), usage data and meta data (e.g. in the context of evaluating and measuring the success of marketing measures). As a matter of principle, we do not process special categories of personal data, unless these are components of commissioned processing. Data subjects include our customers, prospective customers as well as their customers, users, website visitors or employees as well as third parties. The purpose of the processing is the provision of contractual services, billing and our customer service. The legal basis for the processing results from Art. 6 Section 1 (b) of the GDPR (contractual services) and Art. 6 Section 1 (f) of the GDPR (analysis, statistics, optimization, security measures). We process data that are necessary for the justification and fulfilment of the contractual services and point out the necessity of their disclosure. Disclosure to external parties only takes place if it is necessary within the context of an order. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client as well as the legal requirements of order processing in accordance with Art. 28 of the GDPR and do not process the data for any other purposes than those specified in the order.

We delete the data after the expiry of legal warranty and comparable obligations. The necessity of keeping the data is reviewed every three years; in the case of legal archiving obligations, deletion takes place after their expiry (6 years, in accordance with Art. 257 Section 1 of the German Commercial Code; 10 years, in accordance with Art. 147 Section 1 of the German Fiscal Code). In the case of data disclosed to us by the client within the scope of an order, we delete the data in accordance with the specifications of the order, in principle after the end of the order.

Contact

When contacting us (e.g. via contact form, email, telephone or via social media), the user’s details are processed for the purpose of handling and fulfilling the contact request pursuant to Art. 6 Section 1 (b) of the GDPR. The user’s details may be stored in a customer relationship management system (“CRM system”) or comparable inquiry organization.

We delete the inquiries if they are no longer necessary. We review the necessity every two years. Furthermore, the legal archiving obligations apply.

Hosting and email dispatch

The hosting services used by us serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email dispatch, security services and technical maintenance services, which we use for the purpose of operating this online offer.

In doing so, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer according to Art. 6 Section 1 (f) of the GDPR in conjunction with Art. 28 of the GDPR (conclusion of order processing contract).

Collection of access data and log files

On the basis of our legitimate interests within the meaning of Art. 6 Section 1 (f) of the GDPR, we, or our hosting provider, collects data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.

Log file information is stored for security reasons (e.g. to clarify acts of abuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is necessary for evidentiary purposes is excluded from deletion until the final clarification of the respective incident.

Google Fonts

We integrate the fonts (“Google Fonts”) of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Created with Datenschutz-Generator.de by Dr. Thomas Schwenke, Solicitor.