Privacy policy of 54° Hotelbetriebsgesellschaft mbH
We are delighted that you are visiting our website and thank you for your interest in our hotel. The protection of personal data is important to us. Therefore, personal data, such as the name, address, email address, or telephone number of a data subject, is processed in accordance with the applicable European and national legal provisions.
If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
You can, of course, revoke your declaration(s) of consent at any time with effect for the future. Please contact the controller for this purpose. You will find the contact details in the lower section of this privacy policy.
In the following, 54° Hotelbetriebsgesellschaft mbH would like to inform the public about the type, scope, and purpose of the personal data processed by it. Furthermore, data subjects are informed of their rights by means of this privacy policy.
Definitions
The privacy policy of 54° Hotelbetriebsgesellschaft mbH is based on the terms used by the European legislator for the adoption of the EU General Data Protection Regulation (hereinafter referred to as “EU-GDPR”). Our privacy policy should be easy to read and understand for the public as well as for our guests and business partners. To ensure this, we would like to explain the terms used in advance.
We use, among other things, the following terms in this privacy policy and on our website:
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Data subject is any identified or identifiable natural person whose personal data is processed by the controller.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Restriction of processing is the marking of stored personal data with the aim of limiting its processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner 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 are not attributed to an identified or identifiable natural person.
Controller 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 nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
Registration
The data subject has the possibility to register on the website of the controller by providing personal data. Which personal data are transmitted to the controller is determined by the respective input mask that is used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the transfer to one or more processors (for example, a parcel service provider) who also uses the personal data exclusively for internal use attributable to the controller.
By registering on the website of the controller, the IP address assigned by the Internet service provider (ISP) of the data subject, the date, and the time of registration are also stored. The storage of this data takes place against the background that only in this way can the misuse of our services be prevented, and this data enables us to investigate criminal offences committed and copyright infringements if necessary. In this respect, the storage of this data is necessary to safeguard the controller. A transfer of this data to third parties does not take place in principle, unless there is a legal obligation to transfer it or the transfer serves criminal or legal prosecution.
The registration of the data subject, with the voluntary provision of personal data, enables the controller to offer the data subject content or services that, due to the nature of the matter, can only be offered to registered users. Registered persons are free to have the personal data provided during registration completely deleted from the data stock of the controller.
The controller shall, at any time upon request, provide information to each data subject as to what personal data relating to the data subject are stored. Furthermore, the controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations to the contrary.
Contact
Personal data is also processed by 54° Hotelbetriebsgesellschaft mbH if you provide it of your own accord. This happens, for example, every time you contact us. We will, of course, use the personal data transmitted in this way exclusively for the purpose for which you provide it to us when you contact us. This information is provided expressly on a voluntary basis and with your consent. Insofar as this concerns information on communication channels (for example, email address, telephone number), you also consent to us contacting you via this communication channel, if necessary, in order to respond to your request.
Security
54° Hotelbetriebsgesellschaft mbH takes numerous technical and organisational measures to protect your personal data against unintentional or unlawful deletion, alteration, or against loss and against unauthorised disclosure or unauthorised access.
Nevertheless, internet-based data transmissions can in principle have security gaps, 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.
Links to other websites
This website contains links to other websites (so-called external links).
As a provider, 54° Hotelbetriebsgesellschaft mbH is responsible for its own content in accordance with the applicable European and national legal provisions. Links to content provided by other providers must be distinguished from this own content. We have no influence on whether the operators of other websites comply with the applicable European and national legal provisions. Please refer to the privacy policies provided on the respective website for information on this. 54° Hotelbetriebsgesellschaft mbH assumes no responsibility for external content that is made available for use via links and is specially marked and does not adopt its content as its own. The provider of the website to which reference was made is solely liable for illegal, incorrect, or incomplete content and for damage caused by the use or non-use of the information.
Cookies
We use cookies to make our website user-friendly for you and to optimally adapt it to your needs. Cookies are small text files that, as soon as you visit a website, are sent from a web server to your browser and stored locally on your end device (PC, notebook, tablet, smartphone, etc.).
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 through which websites and servers can be assigned to the specific web browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other web browsers that contain other cookies. A specific web browser can be recognised and identified via the unique cookie ID. This information is used to automatically recognise you when you visit the website again with the same end device and to make navigation easier for you.
You can consent to or reject cookies – also for web tracking – via the settings of your web browser. You can configure your browser so that the acceptance of cookies is refused in principle or that you are informed in advance when a cookie is to be stored. In this case, however, the functionality of the website may be impaired (for example, when placing orders). Your browser also offers a function to delete cookies (for example, via “delete browser data”). This is possible in all common web browsers. You can find more information on this in the operating instructions or in the settings of your browser.
Collection of general data and information
The website of 54° Hotelbetriebsgesellschaft mbH collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the log files of the server. The following can be recorded:
- the browser types and versions used
- the operating system used by the accessing system
- the website from which an accessing system reaches our website (so-called referrer)
- the sub-websites that are accessed via an accessing system on our website
- the date and time of access to the website
- a web protocol address (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 this general data and information, 54° Hotelbetriebsgesellschaft mbH does not draw any conclusions about the data subject. Rather, this information is required to:
- deliver the content 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 cyberattack
This anonymously collected data and information is therefore evaluated statistically by 54° Hotelbetriebsgesellschaft mbH on the one hand and also with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
Routine erasure and blocking of personal data
The controller shall process (in this sense also: store) personal data of the data subject only for the period necessary to achieve the purpose of storage or insofar as this has been provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with the statutory provisions.
Rights of the data subject
Right to confirmation: Every data subject has the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right to confirmation, he or she may, at any time, contact the controller.
Right of access: Every data subject affected by the processing of personal data has the right to obtain at any time from the controller free information about the personal data stored about him or her and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
- the purposes of the processing
- 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 recipients in third countries or international organisations
- where 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 rectification or erasure of personal data concerning him or her or to restriction of processing by the controller or a right to object to such processing
- the existence of a right to lodge a complaint with a supervisory authority
- if the personal data are not collected from the data subject: All available information about 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 those cases — meaningful information about the logic involved, as well as the scope and intended effects of such processing for the data subject
Furthermore, the data subject has a right to be informed as to whether personal data have been transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right to information, they can contact the controller at any time.
Right to rectification: Any person affected by the processing of personal data has the right to request the immediate correction of inaccurate personal data concerning them. 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 to rectification, they can contact the controller at any time.
Right to erasure (right to be forgotten): Any person affected by the processing of personal data has the right to request the controller to erase personal data concerning them without undue delay, provided that one of the following reasons applies and insofar as processing is not necessary:
- The personal data have been collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject withdraws their consent on which the processing was based pursuant to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR, and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 para. 2 GDPR.
- The personal data have been unlawfully processed.
- The erasure of the personal data is necessary to fulfil a legal obligation under Union law or the law of the member states to which the controller is subject.
- The personal data were collected in relation to services offered by the information society pursuant to Art. 8 para. 1 GDPR.
If one of the aforementioned reasons applies and a data subject wishes to have personal data stored by 54° Hotelbetriebsgesellschaft mbH erased, they can contact the controller at any time. The erasure request of the data subject will then be complied with immediately.
If the personal data have been made public by 54° Hotelbetriebsgesellschaft mbH and our company, as the controller, is obliged to erase the personal data pursuant to Art. 17 para. 1 GDPR, 54° Hotelbetriebsgesellschaft mbH, taking into account the available technology and the implementation costs, shall take reasonable measures, including technical measures, to inform other controllers responsible for data processing who process the published personal data that the data subject has requested these other controllers to erase all links to this personal data or copies or replications of this personal data, insofar as the processing is not necessary. The controller will then arrange what is necessary in individual cases.
Right to restriction of processing: Any person affected by the processing of personal data has the right to request the controller to restrict the processing if one of the following conditions is met:
- The accuracy of the personal data is disputed by the data subject, for a period that allows the controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject refuses the erasure of the personal data and instead requests 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 them for the assertion, exercise or defence of legal claims.
- The data subject has objected to the processing pursuant to Art. 21 para. 1 GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by 54° Hotelbetriebsgesellschaft mbH, they can contact the controller at any time. The restriction of processing will then be initiated immediately.
Right to data portability: Any person affected by the processing of personal data has the right to receive the personal data concerning them, which have been provided to a controller by the data subject, in a structured, commonly used and machine-readable format. They also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on the consent pursuant to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR or on a contract pursuant to Art. 6 para. 1 letter b GDPR and the processing is carried out using automated procedures, provided that the processing is not 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 their right to data portability pursuant to Art. 20 para. 1 GDPR, the data subject has the right to have the personal data transferred directly from one controller to another, insofar as this is technically feasible and insofar as this does not adversely affect the rights and freedoms of other persons.
To assert the right to data portability, the data subject can contact the controller at any time.
Right to object: Any person affected by the processing of personal data has the right to object, on grounds relating to their particular situation, at any time to the processing of personal data concerning them which is carried out on the basis of Art. 6 para. 1 letters e or f GDPR. This also applies to profiling based on these provisions.
In the event of an objection, 54° Hotelbetriebsgesellschaft mbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If 54° Hotelbetriebsgesellschaft mbH processes personal data for the purpose of direct advertising, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling, insofar as it is related to such direct advertising. If the data subject objects to 54° Hotelbetriebsgesellschaft mbH to the processing for direct marketing purposes, 54° Hotelbetriebsgesellschaft mbH will no longer process the personal data for these purposes.
In addition, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them which is carried out at 54° Hotelbetriebsgesellschaft mbH for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, 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 can contact the controller directly. The data subject is also free, in connection with the use of services of the information society, to exercise their right to object by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
Automated individual decision-making, including profiling: Any person affected by the processing of personal data has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, provided that the decision:
- is not necessary for the conclusion or performance of a contract between the data subject and the controller, or
- is authorised by Union or member state law to which the controller is subject and that law contains appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or
- is based on the data subject’s explicit consent.
If the decision is necessary for the conclusion or performance of a contract between the data subject and the controller or is based on the data subject’s explicit consent, 54° Hotelbetriebsgesellschaft mbH shall take reasonable measures to safeguard the rights and freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of a person on the part of the controller, to state their own point of view and to contest the decision.
If the data subject wishes to assert rights relating to automated decisions, they can contact the controller at any time.
Right to withdraw consent under data protection law: Any person affected by the processing of personal data has the right to withdraw consent to the processing of personal data at any time.
If the data subject wishes to assert their right to withdraw consent, they can contact the controller at any time.
Data protection for applications and in the application process
The controller collects and processes the personal data of applicants for the purpose of processing the application procedure. The processing can also be carried out electronically. This is particularly the case if an applicant submits corresponding application documents to the controller by electronic means, for example by e-mail. If the controller concludes 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 the controller does not conclude an employment contract with the applicant, the application documents will be automatically erased six months after notification of the rejection decision, provided that no other legitimate interests of the controller prevent the erasure. Other legitimate interests in this sense include, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).