Data Protection

Excelsior Hotel Ernst

Privacy Policy

We would like to thank you for visiting our website www.excelsiorhotelernst.com or www.excelsiorhotelernst.de and are very pleased that you are interested in our company. Data protection is of a particularly high priority for the management of EXCELSIOR HOTEL ERNST AG. The use of our website is generally possible without any indication of personal data. However, if a data subject wants to use special services of our enterprise via our website, processing of personal data could become necessary. If processing of personal data is necessary and there is no other legal basis for such processing, we will generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the German Data Protection Regulation (Datenschutz-Grundverordnung – DSGVO), and in accordance with the country-specific data protection regulations applicable to the EXCELSIOR HOTEL ERNST AG (e.g. Federal Data Protection Act, Telemedia Act). By means of this data protection notice, we would like to inform you about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, data subjects are informed of their rights by means of this data protection notice.

As the controller, the EXCELSIOR HOTEL ERNST AG has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always be subject to security vulnerabilities, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

All terms used in these notes are non-gender specific.

 

CONTENTS

    1. Definitions
    2. Name and address of the controller and contact details of the data protection officer
    3. Collection of general data and information when visiting our website
    4. Provision of the online offer and web hosting
    5. Security measures
    6. Transfer and disclosure of personal data
    7. Data processing in third countries
    8. Cookies
    9. Use and application of a cookie consent tool
    10. Contact
    11. Registration on our website
    12. Use of our hotel booking system
    13. Use of our web shop “Hanse Stube on Tour“
    14. Purchase of vouchers and tickets
    15. Table reservation with OpenTable
    16. Promotional communication via post, e-mail, fax or telephone
    17. Use of raffles and competitions
    18. Use of email newsletters and broad communication
    19. Contact option via the website
    20. Routine deletion and blocking of personal data
    21. Rights of the data subject
    22. Data protection in applications and the application process
    23. Privacy Policy for our Facebook Fanpage/a>
    24. Use of social media plugins or links
    25. Information on Google services
    26. Use and application of Google Ads
    27. Use and application of Google Analytics
    28. Use of the Google Tag Manager
    29. Integration of Google Maps
    30. Use and application of Instagram
    31. Legal basis of the processing
    32. Storage period of personal data
    33. Update/deletion of your personal data
    34. Legal or contractual provisions for the provision of personal data
    35. Existence of automated decision making
    36. Changes to the data protection notice

1. Definitions

The data protection information of EXCELSIOR HOTEL ERNST AG is based on the terms used by the European Directive and Ordinance when issuing the General Data Protection Regulation (DSGVO). Our data protection information should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this privacy notice:

a) personal data

Personal data means any information relating to an identified or identifiable natural person (hereinafter “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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) person concerned

Data subject means any identified or identifiable natural person whose personal data are processed by the controller.

c) Processing

Processing is any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

e) Profiling

Profiling is any form of 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 analyse 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.

f) Pseudonymisation

Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

g) controller or person responsible for processing

The controller or person responsible for processing is 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. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.

h) Processors

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

i) Recipient

A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.

j) Third

Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.

k) Consent

Consent shall mean any freely given specific and informed indication of the data subject’s wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

2. Name and address of the controller and contact details of the data protection officer

The person responsible within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

EXCELSIOR HOTEL ERNST AG
Trankgasse 1-5 / Domplatz
D-50667 Cologne

Tel.: +49 (0)221 2701
Fax: +49 (0)221 270 3333
E-Mail: info@excelsior-hotel-ernst.de
Internet: www.excelsiorhotelernst.com

The data controller has appointed a data protection officer who can be contacted as follows:

EXCELSIOR HOTEL ERNST AG
Data Protection Officer
Stephan Viehoff
Trankgasse 1-5 / Domplatz
D-50667 Köln

Tel.: +49 (0) 221 2701
Fax: +49 (0) 221 270 3333
E-Mail: datenschutz@excelsior-hotel-ernst.de

Any data subject may contact our data protection officer directly at any time with any questions or suggestions regarding data protection.

3. Collection of general data and information when visiting our website

Our website collects a series of general data and information based on Art. 6 (1) lit. f DSGVO with each call by a data subject or an automated system. This general data and information are temporarily stored in the server’s log files. The following can be recorded

  • the operating system used by the accessing system and its interface,
  • the browser types used incl. language and version of the browser software,
  • the website from which an accessing system arrives at our website (so-called referrer),
  • the sub-websites that are accessed via an accessing system on our website,
  • the date and time of an access to the website (incl. time zone difference to Universal Time Coordinated (UTC),
  • the amount of data transferred in each case,
  • an internet protocol (IP) address,
  • the Internet service provider of the accessing system
  • other similar data and information that serve to avert danger in the event of attacks on our information technology systems.

When using these general data and information, the EXCELSIOR HOTEL ERNST AG does not draw any conclusions about the data subject. This information is rather required in order to

  • to deliver the contents of our website correctly,
  • optimise the content of our website and the advertising for it,
  • ensure the long-term functionality of our information technology systems and the technology of our website,
  • provide law enforcement authorities with the information necessary for prosecution in the event of a cyber-attack.

This anonymously collected data and information is therefore evaluated statistically, on the one hand, and on the other hand, with the aim of increasing the data protection and data security of our enterprise to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.

4. Provision of the online offer and web hosting

To provide our online offer securely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers managed by them) the online offer can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services as well as security services and technical maintenance services.
The data processed as part of the provision of the hosting offer may include all information relating to the users of our online offer that is generated as part of the use and communication. This regularly includes the IP address, which is necessary to be able to deliver the contents of online offers to browsers, and all entries made within our online offer or from websites.
E-mail dispatch and hosting: The web hosting services we use also include the dispatch, receipt, and storage of e-mails. For these purposes, the addresses of the recipients and senders as well as further information regarding the e-mail dispatch (e.g. the providers involved) and the contents of the respective e-mails are processed. The data may also be processed for the purpose of recognising SPAM. Please note that e-mails on the Internet are generally not sent in encrypted form. As a rule, e-mails are encrypted in transit, but (unless a so-called end-to-end encryption procedure is used) not on the servers from which they are sent and received. We can therefore not assume any responsibility for the transmission path of the e-mails between the sender and the reception on our server.

  • Types of data processed: Content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses), inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers).
  • Data subjects: Users (e.g. website visitors, users of online services).
  • Purposes of processing: Contractual performance and service, reach measurement (e.g. access statistics, recognition of returning visitors), tracking (e.g. interest/behaviour-based profiling, use of cookies), visit action evaluation, server monitoring and error detection, contact requests and communication, remarketing, profiling (creation of user profiles), conversion measurement (measurement of the effectiveness of marketing measures).
  • Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f. DSGVO), consent (Art. 6 para. 1 p. 1 lit. a DSGVO).

Services used and service providers:

 

5. Security measures

We take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk in accordance with the legal requirements, considering the state of the art, implementation costs, the nature, scope, circumstances, and purposes of the processing as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons.
The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as the access, entry, disclosure, assurance of availability and segregation of the data. We also have procedures in place to ensure the exercise of data subjects’ rights, the deletion of data and responses to data compromise. Furthermore, we already take the protection of personal data into account 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 default settings.
If it is possible for us or if it is not necessary to store the IP address, we shorten your IP address or have it shortened. In the case of IP address shortening, also known as “IP masking”, the last octet, i.e. the last two numbers of an IP address, is deleted (in this context, the IP address is an identifier individually assigned to an internet connection by the online access provider). The shortening of the IP address is intended to prevent or make it significantly more difficult to identify a person by their IP address.
To protect the data you transmit when visiting our website, we use TLS or SSL encryption. You can recognise such encrypted connections by the prefix “https://” or the lock in the address bar of your browser.

6. Transfer and disclosure of personal data

In the course of our processing of personal data, the data may be transferred to or disclosed to other bodies, companies, legally independent organisational units or persons. The recipients of this data may include, for example, payment institutions within the scope of payment transactions, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such a case, we observe the legal requirements and conclude appropriate contracts or agreements with the recipients of your data, which serve to protect your data.

7. Data processing in third countries

If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or the processing takes place in the context of the use of third-party services or the disclosure or transfer of data to other persons, bodies, or companies, this will only take place in accordance with the statutory requirements.

Subject to express consent or contractually or legally required transfer, we only process or have the data processed in third countries with a recognised level of data protection or based on special guarantees, such as contractual obligation through so-called standard protection clauses of the EU Commission, the existence of certifications or binding internal data protection regulations (Art. 44 to 49 DSGVO). More information on this can be found on an information page of the EU Commission at https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de.

Note on data transfer to the USA

Among other things, we have also integrated tools from companies based in the USA on our website. When these tools are active, your personal data may be transferred to the US servers of the respective companies.

For a long time, the basis for the data transfer was an adequacy decision of the EU Commission based on the agreement on the EU-US Privacy Shield, to which many American companies have committed. However, in its ruling of 16 July 2020, the ECJ declared this agreement invalid (C-311/18).

We would like to point out that the USA is not a safe third country in the sense of EU data protection law. US companies are obliged to hand over personal data to security authorities without you as a data subject being able to take legal action against this. It can therefore not be ruled out that US authorities (e.g. intelligence services) process, evaluate and permanently store your data located on US servers for monitoring purposes. We have no influence on these processing activities.

If we use the tools with your explicit consent, you have the option at any time to revoke your consent to the processing of your personal data with effect for the future via our consent tool.

8. Cookies

We use cookies on our website. A cookie is a data record. It consists of a pair of data, a key and a value, and is managed and stored in the user’s terminal device by the browser. The type of storage can vary depending on the browser; usually it is stored in a database.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which internet pages and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual Internet browser of the data subject from other Internet browsers that contain other cookies. A specific internet browser can be recognised and identified via the unique cookie ID.

Using cookies, we can provide the users of our website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimised in the sense of the user. Cookies enable us, as already mentioned, to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website.

Some functions of our website cannot be offered without the use of technically necessary cookies. Other cookies, however, enable us to carry out various analyses. Among other things, cookies enable us to make our website more user-friendly and effective for you, for example by tracking your use of our website and determining your preferred settings. If third parties process information via cookies, they collect the information directly via your internet browser. Cookies do not cause any damage to your terminal device. They cannot execute programs or contain viruses.

Various cookies are used on our website, the type and function of which are explained in more detail below.

Types of cookies used:

Type 1: Session cookies
Session cookies are used on our website and are automatically deleted as soon as you close your internet browser. Cookies of this type are technically necessary to enable you to use our website.

Type 2: Persistent cookies or permanent cookies
Persistent cookies are also used on our website. Persistent cookies are cookies that, even when you close your internet browser, are stored in your internet browser or on your computer system for an extended period. They are activated each time you visit the website that set the cookie again or it is recognised in some other way, e.g. by an advertising network. The information stored in the persistent cookie is then transmitted to the website or advertising network. The respective storage period differs depending on the cookie. You can delete persistent cookies independently via your browser settings.

Origin cookies:

First-party cookies or first-party cookies
First-party cookies are set by the operator of the visited website itself and cannot be read across websites.

Third-party or third-party cookies
A third-party cookie is not set by the operator of the visited website, but by a third party that sets its own cookie via the operator’s website. We inform you in this privacy policy when a third party sets a cookie via our website.

Functions of cookies used:

Function 1: Required cookies
These cookies are required for technical reasons so that you can visit our website and use functions offered by us. This refers, for example, to those cookies that ensure that a user-related configuration of functionalities on our website that you have set up yourself is maintained across sessions. Furthermore, these cookies contribute to a safe and compliant use of the website.

Function 2: Performance-based cookies
These cookies enable us to analyse website usage and improve the performance and functionality of our website. For example, information is collected about how our website is used by visitors, which pages of the website are accessed most frequently or whether error messages are displayed on certain pages.

Function 3: Cookies for marketing:
Advertising cookies (third party) allow you to be shown various offers that match your interests. Via these cookies, the web activities of users can be recorded over a longer period. You may recognise the cookies on different end devices you use.

Cookies according to function 2 and 3 are only activated if you have given your consent. You can give your consent by actively clicking on “Accept” in the displayed notice (if necessary after selecting individual cookies or groups of cookies for which you give consent). You can revoke your consent at any time, e.g. by calling up this consent banner again and changing your settings. Your revocation does not affect the lawfulness of the processing carried out based on the consent until revocation.

Please note: Should you exercise your right of revocation against the use of such a cookie, an opt-out cookie will be set in your internet browser, which will block further data collection by means of an advertising cookie by the website operator or a third-party provider. Should you delete this opt-out cookie, renewed data collection will not be prevented. Please inform yourself about the lifetime of an opt-out cookie.

If you have given us your consent to the use of cookies based on a notice we have issued on the website (“cookie banner”), the legality of the use is based on Art. 6 (1) sentence 1 lit. a DSGVO. The legal basis for technically necessary cookies, i.e. those that are required for the smooth functioning of our website, is Art. 6 (1) lit. c DSGVO.

Most internet browsers are preset to accept cookies by default. However, you can configure your respective internet browser so that it only accepts certain cookies or no cookies at all. However, we would like to point out that you may then no longer be able to use functions of our website and may instead receive warning or error messages if cookies are deactivated by your browser settings on our website.

In your browser settings, you can also delete cookies already stored in your internet browser. Furthermore, it is possible to set your internet browser to notify you before cookies are stored. As the various internet browsers may differ in their respective modes of operation, we ask you to refer to the respective help menu of your internet browser for configuration options. You can find information on the most common internet browsers here:

If you want a comprehensive overview of all third-party accesses to your internet browser, we recommend installing plug-ins specially developed for this purpose.

We recommend that you always log out completely after you have finished using an end device that you share with other people and whose Internet browser is set to allow cookies.

You can also change the settings for the individual cookies on this website here: [borlabs-cookie type=”btn-cookie-preference” title=”Cookie Box” element=”link”/]

9. Use and application of a cookie consent tool

This website uses a cookie consent tool to obtain effective user consent for cookies and cookie-based applications that require consent. By integrating a corresponding JavaScript code, users are shown a banner when they call up the page, in which consent for certain cookies and/or cookie-based applications can be given by ticking the appropriate box. The tool blocks the setting of all cookies requiring consent until the respective user gives the corresponding consent by ticking the corresponding box. This ensures that such cookies are only set on the user’s end device if consent has been granted.
For the cookie consent tool to be able to clearly assign page views to individual users and to individually record, log and store the consent settings made by the user for a session duration, certain user information (including the IP address) is collected when our website is called up by the cookie consent tool, transmitted to the tool provider’s server and stored there.
The legal basis for the described data processing is Art. 6 para. 1 lit. c DSGVO. As the responsible party, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user consent.
We have concluded an order processing contract with the provider, obliging him, among other things, to protect the data of visitors to our website and not to pass it on to third parties.

Services used and service providers:
Borlabs Cookie
Service Provider: Borlabs – Benjamin A. Bornschein, Rübenkamp 32, 22305 Hamburg, Germany;
Website: https://de.borlabs.io/;
Privacy Policy: https://borlabs.io/privacy/.

10. Contact

You have the option of contacting us by post, telephone, fax, e-mail or via the internet (e.g. contact forms, social media).
If you contact us by post, we may in particular process your address data (e.g. surname, first name, street, place of residence, postcode), date and time of receipt of the post as well as the data resulting from your letter itself.
If contact is made, a secretarial service may also process your data and transfer it to us after you have contacted us. Depending on the data you enter here, we will then contact you again by telephone, fax or e-mail and call you back or write to you if necessary.
If you contact us by telephone, your telephone number in particular and, if necessary, your name, your e-mail address, the time of the call and details of your request will be processed during the conversation on request.
If you contact us by fax, in particular the fax number or the sender ID as well as the data resulting from the fax will be processed.
When you contact us by e-mail, your e-mail address, the time of the e-mail and the data resulting from the message text (including attachments, if applicable) are processed.
The purpose of processing the above-mentioned data is to process your contact request and to be able to get in touch with you to answer your request. The legal basis for the processing of personal data described here is the fulfilment of contracts and pre-contractual enquiries in accordance with Art. 6 Para. 1 lit. b as well as our legitimate interest in accordance with Art. 6 Para. 1 lit. f DSGVO. Our legitimate interest is to offer you the possibility to contact us at any time and to be able to answer your enquiries.
The personal data will only be processed for as long as is necessary for the processing of the contact request.

11. Registration on our website

You have the option of registering on our website by providing personal data. The personal data that is transmitted to us in this process is specified in the respective input mask used for registration. The personal data you enter is collected and stored exclusively for our internal use and for our own purposes. We may arrange for it to be passed on to one or more order processors, for example a parcel service provider, who will also use the personal data exclusively for an internal use attributable to us.
When you register on our website, the IP address assigned by your internet service provider (ISP), the date and the time of registration are also stored. This data is stored because it is the only way to prevent misuse of our services and, if necessary, to enable us to investigate criminal offences that have been committed. In this respect, the storage of this data is necessary for our protection. As a matter of principle, this data is not passed on to third parties unless there is a legal obligation to pass it on or the passing on serves the purpose of criminal prosecution.
Your registration with voluntary provision of personal data enables us to offer you content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to change the personal data provided during registration at any time or to have it completely deleted from the database.
Upon request, we will provide any data subject at any time with information about what personal data we have stored about you. Furthermore, we will correct or delete personal data at your request or on your advice, provided this does not conflict with any legal obligations to retain data. All our employees are available to you as contact persons in this context.

12. Use of our hotel booking system

If you would like to book a room via our website, you will be redirected to the booking platform synxis. The provider of this platform is Sabre GLBL Inc, 3150 Sabre Drive, Southlake, Texas 76092, USA. You can find Sabre’s data protection information at https://www.sabre.com/about/privacy/.
For the conclusion of the contract it is necessary that you provide your personal data, which we need for the processing of your booking. Mandatory information required for the processing of contracts is marked separately, other information is voluntary. We process the data you provide to process your booking. For this purpose, we may pass on your payment data to our house bank or a payment service provider used. The legal basis for this is Art. 6 para. 1 p. 1 lit. b DSGVO.
We are obliged by commercial and tax law to store your address, payment, and order data for a period of ten years.
To prevent unauthorised access by third parties to your personal data, in particular financial data, the booking process is encrypted using TLS technology.

13. Use of our web shop “Hanse Stube on Tour“

On our website you have the possibility to order food and drinks from our “Hanse Stube on Tour”. For the conclusion of the contract it is necessary that you provide your personal data, which we need for the processing of your order. We process the data you provide to process your order. For this purpose, we may pass on your payment data to our house bank, or a payment service provider used. The legal basis for this is Art. 6 para. 1 p. 1 lit. b DSGVO.
We may also process the data you provide to inform you about other interesting products from our portfolio or to send you emails with technical information.
Due to commercial and tax law requirements, we are obliged to store your address, payment and order data for a period of ten years. However, we restrict processing after four years, i.e. your data is only used to comply with legal obligations.
To prevent unauthorised access by third parties to your personal data, in particular financial data, the ordering process is encrypted using TLS technology.

14. Purchase of vouchers and tickets

If you purchase vouchers or tickets for our house, you will be redirected to the e-guma platform. The legal basis for the data processing is the fulfilment of a contract or the implementation of pre-contractual measures according to Art. 6 para. 1 lit. b DSGVO.
The provider of this platform is Idea Creation GmbH, Walchestrasse 15, 8006 Zurich, Switzerland. The provider is responsible for data processing. You can find his privacy policy at https://www.e-guma.ch/en/data-privacy/.

15. Table reservation

For a table reservation in our restaurants via our website, we use the reservation tool of our partner OpenTable. The legal basis for the data processing is the fulfilment of a contract or the implementation of pre-contractual measures according to Art. 6 para. 1 lit. b DSGVO. Technically necessary session cookies are also set for the reservation, for which consent is not required.
The provider is OpenTable GmbH, Schumannstr. 27, 60325 Frankfurt, Germany, a subsidiary of OpenTable, Inc., 1 Montgomery St., Suite 700, San Francisco, CA 94104 USA. The provider is responsible for data processing. You can find his privacy policy at https://www.opentable.de/legal/privacy-policy.

16. Promotional communication via post, e-mail, fax or telephone

We process personal data for the purpose of promotional communication, which may take place via various channels, such as e-mail, telephone, post or fax. In this context, we observe the legal requirements and obtain the necessary consents unless the communication is permitted by law.
Recipients have the right to revoke consent given at any time or to object to promotional communication at any time.
After revocation or objection, we may store the data required to prove consent for up to three years based on our legitimate interests before deleting it. The processing of this data is limited to the purpose of a possible defence against claims. An individual deletion request is possible at any time, provided that the former existence of consent is confirmed at the same time.

  • Types of data processed: inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers).
  • Affekte persons: Communication partner.
  • Purposes of processing: direct marketing (e.g. by e-mail or post).
  • Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a DSGVO), Legitimate Interests (Art. 6 para. 1 p. 1 lit. f. DSGVO).

17. Use of raffles and competitions

We process personal data of participants of sweepstakes and contests only in compliance with the relevant data protection provisions, insofar as the processing is contractually necessary for the provision, implementation and handling of the sweepstakes, the participants have consented to the processing or the processing serves our legitimate interests (e.g. in the security of the sweepstakes or the protection of our interests against abuse through possible collection of IP addresses when submitting sweepstakes entries).
If, in the context of the competitions, contributions by the participants are published (e.g. in the context of a vote or presentation of the competition entries or the winners or reporting on the competition), we would like to point out that the names of the participants may also be published in this context. Participants can object to this at any time.
If the competition takes place within an online platform or a social network (e.g. Facebook or Instagram, hereinafter referred to as “online platform”), the usage and data protection provisions of the respective platforms shall also apply. In these cases, we would like to point out that we are responsible for the information provided by the participants in the context of the competition and that any enquiries about the competition should be addressed to us.
The participants’ data will be deleted as soon as the competition or contest has ended and the data is no longer required to inform the winners or because queries about the competition are to be expected. In principle, the participants’ data will be deleted no later than 6 months after the end of the competition. Winners’ data may be retained for longer, e.g. in order to be able to answer queries about the prizes or to fulfil the prize obligations; in this case, the retention period depends on the type of prize and is up to three years in the case of goods or services, for example, in order to be able to process warranty claims. Furthermore, the participants’ data may be stored for a longer period, e.g. in the form of reporting on the prize draw in online and offline media.
If data was also collected for other purposes within the scope of the competition, its processing and the retention period will be governed by the data protection information on this use (e.g. in the case of a registration for the newsletter within the scope of a competition).

  • Types of data processed: inventory data (e.g. names, addresses), content data (e.g. text entries, photographs, videos).
  • Persons concerned: Contest and competition participants.
  • Purposes of the processing: Carrying out of sweepstakes and competitions.
  • Legal basis: Contract fulfilment and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b. DSGVO).

18. Use of email newsletters and broad communication

We send newsletters, e-mails and other electronic notifications (hereinafter “newsletter”) only with the consent of the recipients or a legal permission. Insofar as the contents of the newsletter are specifically described in the course of registration, they are decisive for the consent of the user. Otherwise, our newsletters contain information about us and our services. If necessary, we use dispatch service providers; we will then refer to these and their data below.
To subscribe to our newsletters, it is generally sufficient to provide your e-mail address. However, we may ask you to provide a name for the purpose of personal address in the newsletter or further details if these are required for the purposes of the newsletter.
Registration for our newsletter is always carried out in a so-called double opt-in procedure: After registering, you will receive an email asking you to confirm your registration. This confirmation is necessary so that no one can register with other people’s email addresses. The registrations for the newsletter are logged to be able to prove the registration process in accordance with the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored with the dispatch service provider are also logged.
We may store unsubscribed email addresses for up to three years based on our legitimate interests before deleting them to be able to prove consent formerly given. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for deletion is possible at any time, provided that the former existence of consent is confirmed at the same time. In the case of obligations to permanently observe objections, we reserve the right to store the e-mail address in a blacklist solely for this purpose.
The logging of the registration process takes place based on our legitimate interests pursuant to Art. 6 para. 1 p. 1 lit. f DSGVO for the purposes of proving its proper course. Insofar as we commission a service provider to send e-mails, this is done based on our legitimate interests in an efficient and secure sending system.
Newsletters are sent based on the recipients’ consent or, if consent is not required, because of our legitimate interests in direct marketing, if and to the extent that this is permitted by law, e.g. in the case of existing customer advertising. The registration process is recorded because of our legitimate interests to demonstrate that it has been carried out in accordance with the law.
Contents: Information about us, our services, campaigns and offers.
Performance measurement: The newsletters contain a so-called “web beacon”, i.e. a pixel-sized file that is retrieved from our server or, if we use a shipping service provider, from their server when the newsletter is opened. Within the scope of this retrieval, technical information, such as information on the browser and your system, as well as your IP address and the time of the retrieval, are initially collected.
This information is used for the technical improvement of our newsletter based on the technical data or the target groups and their reading behaviour based on their retrieval locations (which can be determined with the help of the IP address) or the access times. This analysis also includes determining whether the newsletters are opened when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our intention nor, if used, that of the dispatch service provider to observe individual users. Rather, we use the analyses to identify the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
The evaluation of the newsletter and the measurement of its success are carried out, subject to the express consent of the users, on the basis of our legitimate interests for the purpose of using a user-friendly and secure newsletter system that serves both our business interests and the expectations of the users.
Unfortunately, a separate revocation of the performance measurement is not possible; in this case, the entire newsletter subscription must be cancelled or objected to.
Consent to the sending of mailings may be made conditional as a prerequisite for the use of free services (e.g. access to certain content or participation in certain promotions). If users wish to take advantage of the free service without subscribing to the newsletter, we ask them to contact us.

Right of withdrawal
You have the right to revoke your consent at any time without affecting the lawfulness of the processing carried out based on the consent until the revocation. You can send or inform us of your revocation of consent at any time (for example by e-mail to datenschutz@excelsiorhotelernst.de).
You can also exercise your consent simply by clicking on the link provided for this purpose in our newsletter.

Right of objection
Insofar as the processing of your data is not covered by the consent (in particular log files), you have the right to object.
You can send or inform us of your objection at any time (for example by e-mail to datenschutz@excelsiorhotelernst.de).

Types of data processed: inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), meta/communication data (e.g. device information, IP addresses), usage data (e.g. websites visited, interest in content, access times).
Special categories of data: health data, if applicable (Art. 9 para. 1 DGSVO).
Data subjects: Communication partners, users (e.g. website visitors, users of online services).
Purposes of processing: direct marketing (e.g. by email or post), contractual performance and service, contact requests and communication, coverage measurement (e.g. access statistics, recognition of returning visitors), tracking (e.g. interest/behavioural profiling, use of cookies), profiling (creation of user profiles).
Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a DSGVO), Legitimate Interests (Art. 6 para. 1 p. 1 lit. f DSGVO).
Opt-out: You can cancel the receipt of our newsletter at any time, i.e. revoke your consent or object to further receipt. You will find a link to cancel the newsletter either at the end of each newsletter or you can otherwise use one of the contact options given above, preferably e-mail, for this purpose.

Services used and service providers:
Revinate:
Revinate Inc, 1 Letterman Drive Building C, Suite CM 100, San Francisco, California 94129, USA;
Website: https://www.revinate.com;
Privacy policy: https://www.revinate.com/privacy.

19. Contact option via the website

The website of EXCELSIOR HOTEL ERNST AG contains legal data that enables a quick electronic contact to our company as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If you contact us by e-mail or via a contact form, the personal data you provide will be stored automatically. Such personal data transmitted by you to us on a voluntary basis will be stored for the purpose of processing or contacting you. This personal data will not be passed on to third parties.

20. Routine deletion and blocking of personal data

We process and store your personal data only for the period necessary to achieve the purpose of storage or if this has been provided for by the European Directive and Regulation Maker or another legislator in laws or regulations to which we are subject.
If the purpose of storage no longer applies or if a storage period prescribed by the European Directive and Regulation or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

21. Rights of the data subject

a) Right to confirmation

Every data subject shall have the right, granted by the European Directive and the Regulation, to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right, he or she may, at any time, contact any employee of the controller.

b) Right to information

Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller, at any time and free of charge, information about the personal data stored about him or her and a copy of that information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:

  • the processing purposes
  • the categories of personal data that are processed
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations
  • if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
  • the existence of a right to obtain the rectification or erasure of personal data concerning them or to obtain the restriction of processing by the controller or a right to object to such processing
  • the existence of a right of appeal to a supervisory authority
  • if the personal data are not collected from the data subject: All available information on the origin of the data
  • the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

Furthermore, the data subject has the right to be informed whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards in connection with the transfer.

If a data subject wishes to exercise this right of access, he or she may, at any time, contact any employee of the controller.

c) Right of rectification

Any person concerned by the processing of personal data shall have the right granted by the European Directive and the Regulation to obtain the rectification without delay of inaccurate personal data relating to him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.

If a data subject wishes to exercise this right of rectification, he or she may, at any time, contact any employee of the controller.

d) Right to erasure (right to be forgotten)

Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is not necessary:

  • The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
  • The data subject revokes the consent on which the processing was based pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR and there is no other legal basis for the processing.
  • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
  • The personal data have been processed unlawfully.
  • The deletion of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
  • The personal data was collected in relation to information society services offered pursuant to Art. 8(1) DSGVO.

If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by the EXCELSIOR HOTEL ERNST AG, he or she may, at any time, contact any employee of the controller. The employee of the EXCELSIOR HOTEL ERNST AG will arrange for the erasure request to be complied with immediately.

If the personal data has been made public by the EXCELSIOR HOTEL ERNST AG, and our company as the controller is obliged to delete the personal data pursuant to Art. 17 Para. 1 DSGVO, EXCELSIOR HOTEL ERNST AG shall implement reasonable measures, including technical measures, to compensate other data controllers for processing the personal data published, taking into account the available technology and the cost of implementation, in order to inform the data subject that he or she has requested from those other data controllers to erase all links to the personal data or copies or replications of the personal data, unless the processing is necessary. The employee of the EXCELSIOR HOTEL ERNST AG will arrange the necessary in individual cases.

e) Right to restriction of processing

Any person concerned by the processing of personal data has the right, granted by the European Directive and the Regulation, to obtain from the controller the restriction of processing where one of the following conditions is met:

  • The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
  • The controller no longer needs the personal data for the purposes of processing, but the data subject needs it for the establishment, exercise or defence of legal claims.
  • The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the EXCELSIOR HOTEL ERNST AG, he or she may, at any time, contact any employee of the controller. The employee of the EXCELSIOR HOTEL ERNST AG will arrange the restriction of the processing.

f) Right to data portability

Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. The data subject shall also have the right to transmit such data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, when exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain that the personal data be transferred directly from one controller to another controller, to the extent that this is technically feasible and if this does not adversely affect the rights and freedoms of other individuals.

To assert the right to data portability, the data subject may at any time contact any employee of the EXCELSIOR HOTEL ERNST AG.

g) Right to object

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) DSGVO. This also applies to profiling based on these provisions.

The EXCELSIOR HOTEL ERNST AG shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims.

If the EXCELSIOR HOTEL ERNST AG processes personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to EXCELSIOR HOTEL ERNST AG to the processing for direct marketing purposes, EXCELSIOR HOTEL ERNST AG will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by the EXCELSIOR HOTEL ERNST AG for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation, unless such processing is necessary for the performance of a task carried out in the public interest.

To exercise the right to object, the data subject may directly contact any employee of the EXCELSIOR HOTEL ERNST AG or another employee. The data subject is also free to exercise his/her right to object by means of automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.

h) Automated decisions in individual cases including profiling

Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, where the decision is

(1) is not necessary for the conclusion or performance of a contract between the data subject and the controller; or

(2) is authorised by Union or Member State legislation to which the controller is subject and that legislation contains appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject; or

(3) is done with the express consent of the data subject.

Is the decision

(1) necessary for the conclusion or performance of a contract between the data subject and the controller; or

(2) it is done with the express consent of the data subject,

EXCELSIOR HOTEL ERNST AG shall take suitable measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which include at least the right to obtain the intervention of a data subject on the part of the responsible person, to express his or her point of view and to contest the decision.

If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.

i) Right to revoke consent under data protection law

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to withdraw consent to the processing of personal data at any time.

If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact any employee of the controller.

j) Right to complain to a supervisory authority

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 residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

Contact details of the competent supervisory authority:

Bettina Gayk
Postfach 20 04 44
40102 Düsseldorf
Kavalleriestraße 2-4
40213 Düsseldorf

Phone: 02 11/384 24-0
Telefax: 02 11/384 24-999
E-Mail: poststelle@ldi.nrw.de
Website: http://www.ldi.nrw.de

22. Data protection in applications and the application process

We provide information about vacancies and application opportunities via our website. To do this, you will be redirected to our presence on the portal of the service provider indicated below when you click on the vacancies.
We collect and process the personal data of applicants for the purpose of processing the application procedure. The processing may also take place electronically. This is particularly the case if an applicant sends us the relevant application documents electronically, for example by e-mail or via a web form on the website.
If we conclude an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If we do not conclude an employment contract with the applicant, the application documents will be automatically deleted six months after notification of the rejection decision, provided that no other legitimate interests on our part oppose deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).

  • Types of data processed: applicant data (e.g. personal details, postal and contact addresses, the documents belonging to the application and the information contained therein, such as cover letter, curriculum vitae, certificates as well as other information provided with regard to a specific position or voluntarily by applicants regarding their person or qualification), inventory data (e.g. names, addresses, contact data (e.g. e-mail, telephone numbers), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. e-mail, telephone numbers).e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Persons concerned: Applicants, employees (e.g. employees, applicants, former employees).
  • Purposes of processing: application procedure (establishment and possible subsequent implementation as well as possible subsequent termination of the employment relationship.).
  • Legal basis: Art. 9 para. 1 p. 1 lit. b DSGVO (application procedure as a pre-contractual or contractual relationship). Insofar as special categories of personal data within the meaning of Art. 9 (1) DSGVO (e.g. health data, such as severely disabled status or ethnic origin) are requested from applicants in the context of the application procedure so that the controller or the data subject can exercise the rights accruing to him or her under labour law and social security and social protection law and fulfil his or her obligations in this regard, their processing is carried out in accordance with Art. 9(2)(b) GDPR, in the case of the protection of vital interests of the applicant or other persons pursuant to Art. 9(2)(c) GDPR or for the purposes of preventive health care or occupational medicine, for the assessment of the employee’s fitness for work, for medical diagnosis, health or social care or treatment or for the management of health or social care systems and services pursuant to Art. 9(2)(h) GDPR. In the case of a communication of special categories of data based on voluntary consent, their processing is based on Art. 9 para. 2 lit. a DSGVO.), Contract performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b DSGVO), Legitimate interests (Art. 6 para. 1 p. 1 lit. f DSGVO).

Applications can also reach us via recruiting platforms or external application service providers. We do not always have influence over which job advertisements are offered by the service providers. The following services and service providers are each responsible for compliance with data protection regulations within their sphere of influence:

23. Privacy Policy for our Facebook Fanpage

We operate a so-called Facebook fan page on the social media platform Facebook. Meta Platforms Ireland Ltd (“Facebook”) provides us as the operator with “Facebook Insights”. These are various statistics that provide us with information about the use of our Facebook fan page by visitors. You can also find more information about this at https://www.facebook.com/business/pages/manage#page_insights.
Various information provided by you (including personal data) is processed by Facebook to compile these statistics.

With regard to the processing of the Insights data, there is joint responsibility between Facebook and us within the meaning of Art. 26 DSGVO. For the detailed regulation of the respective responsibility, Facebook has created an updated Page Insights Supplement, which came into force on 28 November 2019 and has applied to the further use of Facebook pages since this date.

This detailed information from Facebook can be found directly on Facebook at https://www.facebook.com/legal/terms/page_controller_addendum.
Below you will find the essential information of the agreement concluded between Facebook and us pursuant to Art. 26 DSGVO.

The following are jointly responsible for processing
Meta Platforms Ireland Ltd
4 Grand Canal Square
Dublin 2
Ireland

and

EXCELSIOR HOTEL ERNST AG
Trankgasse 1-5 / Domplatz
D-50667 Cologne

  • Facebook has assumed primary responsibility of all obligations under the DSGVO for data processing. This means in particular:
    Facebook assumes the necessary information obligations (e.g. pursuant to Art. 13 DSGVO),
  • Data subject rights can be asserted against Facebook (e.g. right to information or deletion, objection to data processing or revocation of consent given),
  • Ensuring the technical and organisational measures of data processing.
    Facebook provides detailed information on data processing at https://www.facebook.com/ (Art. 13 DSGVO). In order to provide you with an overview of the essential information, we also refer to the content and links provided by Facebook within the scope of this data protection notice.
    Irrespective of Facebook’s primary responsibility, you can also assert your rights under the GDPR directly against us. We will then forward your request to Facebook via a form provided for this purpose.
    The legal basis and the purposes of Facebook’s processing can be found at https://www.facebook.com/about/privacy/legal_bases and https://de-de.facebook.com/policy.php.
    We have a legitimate interest in being able to track user behaviour on our Facebook fan page; accordingly, the legal basis for processing the data is Art. 6 (1) lit. f DSGVO. In this way, it is possible for us to record the reach and effectiveness of our activities, such as campaigns and postings, through processed statistics. This enables us – which is also the purpose of the processing according to DSGVO – to continuously optimise our website and our offer according to demand.
    Facebook may process the following data in particular:
  • User interaction, such as click behaviour, postings, likes, viewing of videos, page views, etc.
  • Cookies
  • Demographic characteristics, such as age, gender, state, etc.
  • IP address
  • System and device information (browser type, operating system, etc.)
    When you visit our Facebook fan page, the exact processing of your data depends on whether or not you have a Facebook account. If you have a Facebook account, Facebook can permanently assign the data to your account to learn more about you.
    But even if you don’t have a Facebook account, Facebook can store your data. This can happen using cookies. This allows Facebook to store and process information about you even without you having a Facebook account. You can find more information about Facebook’s cookies at https://de-de.facebook.com/policies/cookies/.
    We only receive anonymised statistics from Facebook about the use of our fan page. We can only see how many users have carried out which interactions, but not which user has carried out a particular action. The statistics of the Insights data therefore do not allow us to draw any conclusions about a specific person.
    In an appendix to the Page Insights information, Facebook also provides information on the technical and organisational measures taken to protect your data in accordance with Article 32 of the GDPR.
    You can assert your rights already mentioned directly against Facebook or against us in cases of joint responsibility.
    At https://de-de.facebook.com/policies/cookies/ you can also set your preferences for the use of cookies. Here you will find information under the sections “If you have a Facebook account” (Facebook account available) and “Public” (no Facebook account available), you will find information on how you can object to the processing against Facebook.
    You can determine the storage period of the respective cookies via your browser when you display the cookies (usually by clicking on the “i” next to the address bar, e.g. in Firefox or Google Chrome).

24. Use of social media plugins or links

We currently use the following social media plugins or links: Facebook, Instagram, YouTube. We use the so-called two-click solution. This means that when you visit our site, no personal data is initially passed on to the providers of the plugins. You can recognise the provider of the plugin by marking the box with its initial letter or logo. We open the possibility for you to communicate directly with the provider of the plugin via the button. Only if you click on the marked box and thereby activate it, the plugin provider receives the information that you have called up the corresponding website of our online offer. In addition, further data is transmitted. In the case of Facebook, according to the provider in Germany, the IP address is anonymised immediately after collection. By activating the plugin, your personal data is transmitted to the respective plugin provider and stored there (in the case of US providers, in the USA). Since the plug-in provider collects data via cookies, we recommend that you delete all cookies via the security settings of your browser.

We have no influence on the data collected and data processing procedures, nor are we aware of the full extent of the data collection, the purposes of the processing, the storage periods. We also have no information on the deletion of the collected data by the plug-in provider.

The plugin provider stores the data collected about you as usage profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out (also for users who are not logged in) for the display of needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact the respective plugin provider to exercise this right. Via the plugins, we offer you the opportunity to interact with the social networks and other users so that we can improve our offer and make it more interesting for you as a user. The legal basis for the use of the plugins is Art. 6 para. 1 p. 1 lit. f DSGVO.

The data transfer takes place regardless of whether you have an account with the plug-in provider and are logged in there. If you are logged in to the plug-in provider, the data we collect is directly assigned to your account with the plug-in provider. If you click the activated button and, for example, link to the page, the plug-in provider also saves this information in your user account and shares it publicly with your contacts. We recommend that you log out regularly after using a social network, but especially before activating the button, as this will help you avoid being assigned to your profile with the plugin provider.

If, alternatively, only links to the services are included, you will be redirected to our respective page after clicking on the link, i.e. only then will data be transferred to the corresponding service.

Further information on the purpose and scope of the data collection and its processing by the plug-in provider can be found in the data protection notices of these providers provided below. There you will also receive further information on your rights in this regard and setting options for protecting your privacy.

Addresses of the respective plug-in providers and URL with their data protection notices:

Facebook: Meta Platforms Inc., 1601 S California Ave, Palo Alto, California 94304, USA; https://www.facebook.com/policy.phpfurther information on data collection:

https://www.facebook.com/help/186325668085084, https://www.facebook.com/about/privacy/your-info-on-other#applications as well as  https://www.facebook.com/about/privacy/your-info#everyoneinfo.

Instagram: Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland; https://help.instagram.com/155833707900388; https://www.instagram.com/about/legal/privacy/.

YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066 USA; subsidiary of Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA; https://policies.google.com/technologies/partner-sites?hl=en.

25. Information on Google services

We use various services from Google on our website. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland. You will find more detailed information on the individual concrete services of Google in the further course of this data protection notice.

Through the integration of Google services, Google may collect and process information (including personal data). It cannot be ruled out that Google also transmits the information to a server in a third country.

We cannot influence which data Google collects and processes. However, Google states that, in principle, the following information (including personal data) may be processed, among other things:

  • Log data (especially IP address)
  • Site-related information
  • Unique application numbers
  • Cookies and similar technologies
If you are logged into your Google Account, Google may add the processed information to your account and treat it as personal data, depending on your account settings. You can find more information about this at https://policies.google.com/technologies/partner-sites.

Google states:
“We may combine personal data from one service with information and personal data from other Google services. For example, this makes it easier for you to share content with friends and family. Depending on your account settings, your activities on other websites and apps may be linked to your personal data to improve Google’s services and advertisements served by Google. ” (https://policies.google.com/privacy)

You can prevent this data from being added directly by logging out of your Google account or by making the appropriate account settings in your Google account.

Furthermore, you can change your cookie settings (e.g. delete cookies, block cookies, etc.).

You can find more information in Google’s privacy policy: (https://www.google.com/intl/de/policies/privacy/index.html)

The provision of personal data is neither legally nor contractually required and is also not necessary for the conclusion of a contract. You are also not obliged to provide the personal data. However, failure to provide the data may result in you not being able to use some of the functions of our website or not being able to use them to their full extent.

 

We have integrated Google Ads and, as part of Google Ads, conversion tracking on this website. Google Ads is an internet advertising service that allows advertisers to place ads in Google’s search engine results as well as in the Google advertising network. Google Ads allows an advertiser to specify certain keywords in advance, by means of which an ad is displayed in Google’s search engine results exclusively when the user retrieves a keyword-relevant search result with the search engine. In the Google advertising network, the ads are distributed on topic-relevant websites by means of an automatic algorithm and taking into account the previously defined keywords.

The company operating the Google Ads services is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

The purpose of Google Ads is to promote our website by displaying interest-relevant advertising on the websites of third-party companies and in the search engine results of the Google search engine and to display third-party advertising on our website.

The legal basis for the processing of your data is your consent pursuant to Art. 6 para. 1 p. 1 lit. a DSGVO.

Revocation of your consent

We only use Google Ads with your consent. You can revoke consent once you have given it by

  • You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website;
  • Deactivate your consent via our consent tool;
  • from any of the internet browsers you use from the link google.de/settings/ads and make the desired settings there.

If you access our website via a Google advertisement, a so-called conversion cookie will be stored on your system by Google. A conversion cookie loses its validity after thirty days and is not used to identify you. If the cookie has not yet expired, the conversion cookie is used to track whether certain sub-pages, for example the shopping basket of an online shop system, have been called up on our website. The conversion cookie enables both us and Google to track whether a data subject who has accessed our website via an ad has generated a sale, i.e. has completed or cancelled a purchase.

The data and information collected using the conversion cookie are used by Google to create visit statistics for our website. These visit statistics are in turn used by us to determine the total number of users who were referred to us via ads, i.e. to determine the success or failure of the respective ads and to optimise our ads for the future. Neither our company nor other Google Ads advertisers receive any information from Google that could identify you.

By means of the conversion cookie, personal information, for example the internet pages visited by you, is stored. Every time you visit our website, personal data, including the IP address of the internet connection you are using, is transmitted to Google.

 

27. Use and application of Google Analytics

We have integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, compilation and evaluation of data about the behaviour of visitors to websites. A web analysis service collects, among other things, data on which website a data subject came to a website from (so-called referrers), which sub-pages of the website were accessed or how often and for how long a sub-page was viewed. A web analysis is mainly used to optimise a website and to analyse the costs and benefits of internet advertising.

The operating company of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

We only use Google Analytics with activated IP anonymisation (“anonymize IP”). By means of this add-on, the IP address of your internet connection is shortened and anonymised by Google if access to our internet pages is from a member state of the European Union or from another state party to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyse the flow of visitors to our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us showing the activities on our website and to provide other services related to the use of our website.

The legal basis for the processing of your data is your consent pursuant to Art. 6 para. 1 p. 1 lit. a DSGVO.

Google Analytics sets a cookie on your system. The cookie enables Google to analyse the use of our website. Each time you access one of the individual pages of this website operated by us and on which a Google Analytics component has been integrated, the Internet browser on your system is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google obtains knowledge of personal data, such as your IP address, which Google uses, among other things, to track the origin of visitors and clicks and subsequently to enable commission calculations.

By means of the cookie, personal information, for example the access time, the location from which an access originated and the frequency of visits to our website by you, is stored. Each time you visit our website, this personal data, including the IP address of your internet connection, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may share this personal data collected via the technical process with third parties.

You can prevent the setting of cookies by our website at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the internet browser used would also prevent Google from setting a cookie on your system. In addition, a cookie already set by Google Analytics can be deleted at any time via the internet browser or other software programs.

Furthermore, you have the option of objecting to the collection of data generated by Google Analytics and related to the use of this website, as well as to the processing of this data by Google, and to prevent such processing. To do this, you must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout.

This browser add-on informs Google Analytics via JavaScript that no data and information on visits to Internet pages may be transmitted to Google Analytics. The installation of the browser add-on is considered by Google as an objection. If your system is deleted, formatted or reinstalled at a later date, you must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by you or another person within your control, you have the option of reinstalling or reactivating the browser add-on.

Further information and the applicable Google privacy policy can be found at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html Google Analytics is explained in more detail under this link https://www.google.com/intl/de_de/analytics/.

Revocation of your consent

We only use Google Analytics with your consent. Once you have given your consent, you can revoke it by

  • You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website;
  • download and install the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de
  • remove consent from Google Analytics in the consent tool to prevent Google Analytics from collecting data on our website in the future. This will place an opt-out cookie in your browser. Please note that you must activate the opt-out cookie in every browser you use on all of your end devices and also reactivate it if necessary once you delete all cookies in a browser.

28. Use of the Google Tag Manager

We use the Google Tag Manager. The Google Tag Manager is a service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; parent company: Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter “Google”).
The Google Tag Manager enables us to integrate various codes and services on our website in an orderly and simplified manner. The Google Tag Manager implements the tags or “triggers” the embedded tags. When a tag is triggered, Google may process information (including personal data) and process it. The Google Tag Manager itself does not create any user profiles, does not store any cookies and does not perform any independent analyses. It cannot be ruled out that Google also transmits information to a server in a third country.
Information on further relevant data on data processing by Google in the context of the use of Google services can be found in a separate section on Google services.
In addition, you can find more detailed information about the Google Tag Manager on the websites https://www.google.de/tagmanager/use-policy.html and at https://www.google.com/intl/de/policies/privacy/index.html under the section “Data we receive as a result of your use of our services”.
Furthermore, we have concluded an order processing contract with Google for the use of the Google Tag Manager (Art. 28 DSGVO). Google processes the data on our behalf in order to trigger the stored tags and to display the services on our website. Google may transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.
If you have deactivated individual tracking services (for example, by setting an opt-out cookie), the deactivation remains in place for all affected tracking tags that are integrated by the Google Tag Manager.
By integrating the Google Tag Manager, we pursue the purpose of being able to carry out a simplified and clear integration of various services. Furthermore, the integration of the Google Tag Manager optimises the loading times of the various services.
The legal basis for the processing of your data is your consent pursuant to Art. 6 para. 1 p. 1 lit. a DSGVO.

29. Integration of Google Maps

We have integrated Google Maps on our website. This allows us to show you interactive maps directly on the website and enables you to use the map function conveniently. By using this service, you will be shown our location and it will be easier for you to find us.

The company operating the Google Maps services is Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

When you visit the website, Google receives information that you have accessed the corresponding sub-page of our website. This occurs regardless of whether Google provides a user account via which you are logged in or whether no user account exists. If you are logged in to Google, your data will be directly assigned to your account.

You can find more information about data processing by Google in the Google data protection information: https://policies.google.com/privacy. There you can also change your personal data protection settings in the data protection centre. You can view Google’s terms of use at https://policies.google.com/terms?hl=de&gl=en. Additional terms of use for Google Maps can be found at https://www.google.com/intl/en_en/help/terms_maps/.

The legal basis for the processing of your data is your consent pursuant to Art. 6 para. 1 p. 1 lit. a DSGVO.

If you do not want the assignment in your Google profile, you must log out of Google before activating the button. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out (also for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, and you must contact Google to exercise this right.

We do not collect any personal data through the integration of Google Maps.

The provision of your personal data is voluntary, based solely on your consent. However, if you prevent access, this may result in functional restrictions on the website.

30. Use and application of Instagram

We have integrated components of the Instagram service on this website. Instagram is a service that qualifies as an audiovisual platform and allows users to share photos and videos and to redistribute such data in other social networks.

The operator of the Instagram services is Meta Platforms Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland.

Each time you call up one of the individual pages of this website that is operated by us and on which an Instagram component (Insta button) has been integrated, the internet browser on your system is automatically prompted by the respective Instagram component to download a representation of the corresponding component from Instagram. As part of this technical process, Instagram receives information about which specific subpage of our website you are visiting.

If you are logged in to Instagram at the same time, Instagram recognises which specific subpage you are visiting each time you visit our website and for the entire duration of your respective stay on our website. This information is collected by the Instagram component and assigned to your Instagram account by Instagram. If you click on one of the Instagram buttons integrated on our website, the data and information thus transmitted will be assigned to your personal Instagram user account and stored and processed by Instagram.

Instagram always receives information via the Instagram component that you have visited our website if you are logged into Instagram at the same time as calling up our website; this takes place regardless of whether you click on the Instagram component or not. If you do not want this information to be transmitted to Instagram, you can prevent the transmission by logging out of your Instagram account before accessing our website.

Further information and Instagram’s applicable privacy policy can be found at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.

31. Legal basis of the processing

In the following, we inform you about the legal basis of the Data Protection Regulation (DSGVO) based on which we process personal data. Please note that in addition to the regulations of the GDPR, the national data protection regulations in your or our country of residence and domicile may apply.

In addition to the data protection regulations of the General Data Protection Regulation, national regulations on data protection apply in Germany. These include, in particular, the Act on Protection against Misuse of Personal Data in Data Processing (Federal Data Protection Act – BDSG). In particular, the BDSG contains special regulations on the right to information, the right to erasure, the right to object, the processing of special categories of personal data, the processing for other purposes and the transmission and automated decision-making in individual cases, including profiling. Furthermore, it regulates data processing for purposes of the employment relationship (Section 26 BDSG), in particular about the establishment, implementation or termination of employment relationships as well as the consent of employees. Furthermore, data protection laws of the individual federal states may apply.

Art. 6 (1) lit. a DSGVO serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose.

If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 (1) lit. b DSGVO. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in the case of enquiries about our products or services.

If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Art. 6 (1) lit. c DSGVO.

Finally, processing operations may be based on Art. 6 (1) lit. f DSGVO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary for the protection of a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, sentence 2 of the GDPR).

If the processing of personal data is based on Article 6 I lit. f DSGVO, our legitimate interest is the efficient performance of our business activities for the benefit of the well-being of our employees and our shareholders.

32. Storage period of personal data

We process and store your personal data only for the period required to fulfil the purpose of storage or if this has been provided for in laws or regulations. Your personal data will be deleted or blocked after the purpose has ceased to exist or has been fulfilled. In the case of blocking, deletion will take place as soon as legal, statutory or contractual retention periods do not conflict with this and there is no reason to assume that deletion would impair your interests worthy of protection, as well as deletion would not cause a disproportionately high expense due to the special nature of the storage.

Otherwise, specific retention period criteria are set out in the individual sections of this privacy notice.

33. Update/deletion of your personal data

You have the option to check, change or delete the personal data provided to us at any time by sending us an email to datenschutz[at]excelsiorhotelernst.de. In this way, you can also opt out of receiving further information in the future.

Likewise, you have the right to revoke consent once given with effect for the future at any time.

The data processed by us will be deleted in accordance with the legal requirements as soon as their consents granted for processing are revoked or other permissions cease to apply (e.g. if the purpose of processing this data has ceased to apply or it is no longer required for the purpose).

If the data is not deleted because it is required for other and legally permissible purposes, its processing is limited to these purposes, i.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law or whose storage is necessary for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person.

 

We would like to inform you that the provision of personal data is sometimes required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.

Before the data subject provides personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences of not providing the personal data would be.

35. Existence of automated decision making

As a responsible company, we do not use automated decision-making.

 

35. Changes to the data protection notice

Changes in the law or changes in our internal processes may make it necessary to adapt this data protection notice. We ask you to inform yourself regularly about the content of our data protection information.

Please note that the current version of the data protection notice is the valid one.

Status: 07.04.2022

Note: This data protection notice was prepared using a wide range of sources, including the links provided here. Current case law as well as interpretations and comments, including those of the supervisory authorities, have been considered as far as we are aware.