Data protection

 

1 General Information

1.1       Objective and Responsibility

  1. This Data Privacy Statement is to inform you about the nature, scope and purpose of the processing of personal data related to our online service and the related websites, features and contents (hereinafter collectively referred to as ‘online service’ or ‘website’).
  2. The online service is provided by Breidenbacher Hof (WPHG Düsseldorf Operating GmbH, Königsallee 11, D-40212 Düsseldorf, Germany) - hereinafter referred to as ‘provider’, ‘we’ or ‘us’ - who is also legally responsible under the data protection law.
  3. Our online service is provided by der ALL-INKL.COM (Hauptstraße 68, D-02742 Friedersdorf).
  4. You can reach out to our Data Protection Officer Sven Meyzis - IT.DS Beratung under the E-Mail address S.Meyzis@ITDSB.de and telephone 0049 40-21091514.
  5. The term ‘user’ encompasses all customers, interested people, employees and visitors of our online service.

1.2 Legal Bases

      We collect and process personal data based on the following legal grounds:

  1. Consent in accordance with article 6 paragraph 1 lit. a General Data Protection Regulation (GDPR). Consent meaning any freely given, specific, informed and unambiguous indication of agreement, which could be in the form of a statement or any other unambiguous confirmatory act, given by the data’s subject consenting to the processing of personal data relating to him or her.
  2. Necessity for the performance of a contract or in order to take steps prior to entering into a contract according to article 6 paragraph 1 lit. b GDPR, meaning the data is required in order for us to fulfil our contractual obligations towards you or to prepare the conclusion of a contract with you.
  3. Processing to fulfil a legal obligation in accordance with article 6 paragraph 1 lit. c GDPR, meaning that e.g. the processing of data is required by law or other provisions.
  4. Processing in order to protect legitimate interests in accordance with article 6 paragraph 1 lit. f GDPR, meaning that the processing is necessary to protect legitimate interests pursued by us or by a third party, unless such interests are overridden by your interests or fundamental rights and freedoms which require the protection of personal data.

1.3 Data Subject Rights

You have the following rights with regards to the processing of your data through us:

  1. The right to lodge a complaint with a supervisory authority in accordance with article 13 paragraph 2 lit. d GDPR and article 14 paragraph 2 lit. e GDPR.
  2. Right of access in accordance with article 15 GDPR
  3. Right to rectification in accordance with article 16 GDPR
  4. Right to erasure (‘right to be forgotten’) in accordance with article 17 GDPR
  5. Right to restriction of processing in accordance with article 18 GDPR
  6. Right to data portability in accordance with article 20 GDPR
  7. Right to objection in accordance with article 21 GDPR

Notice: Users may object to the processing of their personal data in accordance with legal allowances at any time with effect for the future. The objection may in particular be made against processing for the purposes of direct marketing.

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your place of residence, employment or the place of the alleged infringement, if you believe that the processing of your personal data violates the GDPR.

1.4 Data Erasure and Duration of Storage

The personal data of the data subject will be erased or blocked as soon as the purpose of the storage is inapplicable. Storage of data beyond that may occur if such storage is required by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. Blocking or erasure of data also takes place when a retention period mandated by the standards mentioned expires, unless the continued storage of data is required for the conclusion of a contract or the fulfilment of contractual obligations.

1.5       Security of Processing

  1. We have implemented appropriate and state-of-the-art technical and organisational security measures (TOMs). Thus, the data that is processed by us is protected against accidental or intentional manipulation, loss, destruction and unauthorized access.
  2. These security measures include in particular the encrypted transfer of data between your browser and our server.

1.6 Transfer of Data to Third Parties, Subcontractors and Third Party Providers

  1. A transfer of personal data to third parties only occurs within the framework of legal requirements. We only disclose personal data of users to third parties, if this is required e.g. for billing purposes or other purposes, if the disclosure is necessary to ensure the fulfilment of contractual obligations towards the users.
  2. If we engage subcontractors for our online service, we have made appropriate contractual arrangements as well as adequate technical and organizational measures with these companies.
  3. If we use content, tools or other means from other companies (hereinafter collectively referred to as ‘third party providers’) whose registered offices are located in a third country, it is assumed that a transfer of data to the home countries of these third party providers occurs. The transfer of personal data to third countries takes place exclusively only, if an adequate level of data protection, the user’s consent or another legal permission is present.

 

2 Concrete Data Processing

2.1 Collection of Information on the Use of the Online Service

  1. When using our online service no personal or personally identifiable data is collected and stored in log files.

2.2 Contact Form and Contacting via E-Mail

  1. When contacting us (via online form or e-mail), the data provided by the user will be processed exclusively for processing the inquiry and its handling.
  2. Any other use of the data will only take place based on the given consent from the user.
  3. The user data from the website forms are stored in our content management system (Contao) The statutory retention periods for business letters apply.

2.3 Video surveillance

Below you will find our privacy policy in the sense of article 13 GDPR regarding the processing of personal data in the context of our video surveillance.

  1. Video recordings are processed on the basis of article 6 paragraph 1 lit. f GDPR; the so-called legitimate interest.
  2. Our legitimate interests are:
  • Preservation of the house right
  • Protection against theft, protection of property
  • Clarification of burglary and theft
  • Protection of guests and employees
  1. The processing of the video recordings is exclusively done in accordance with the stated purpose.
  2. Any further use or transfer of video recordings shall only be made to the extent that this is necessary in the context of a possible prosecution. Recipients in this case are the competent law enforcement agencies.
  3. We use external service providers for the maintenance of the video surveillance system, whereby access to the video surveillance system or stored video recordings can not be ruled out.
  4. The deletion of the video recordings takes place 10 days after recording, provided that no special occurrences have occurred which justify or require further storage.

2.4 Newsletter

  1. Description and scope of data processing

On our website you can subscribe to a newsletter free of cost. If a user realizes this option, the data entered in the input mask will be transmitted to us and processed by us. The processing includes the following data: salutation, first name, last name, e-mail address.

In addition, the following data is collected during registration: IP address of the calling computer as well as date and time of registration.

For the processing of the data, your consent is obtained during the registration process and reference is made to this data protection policy. The data will be used exclusively for sending the newsletter. The newsletter is sent by Cendyn.

Cendyn is a cloud-based technology platform (CRM and distribution platform) operated by Central Dynamics, LLC, a Delaware limited liability company, 980 N Federal Hwy, 2nd Floor Boca Raton, FL 33432 USA. The Cendyn Privacy Policy can be found at: https://www.cendyn.com/privacy-policy/.

The personal data of the newsletter recipients are stored on the servers of Cendyn in the USA. We have a contract processing agreement with Cendyn. Furthermore, Cendyn claims to use the data to optimize or improve its own services, e.g. for the technical optimization of shipping and the presentation of newsletters or for economic purposes, to determine from which countries the recipients come. However, Cendyn does not use the data of our newsletter recipients to address them themselves or to pass the data on to third parties.

  1. Legal basis for data processing

The legal basis for processing the data after registration for the newsletter is the consent given by the user acc. to article 6 paragraph 1 lit. a GDPR.

  1. Purpose of the data processing

The collection of the e-mail address of the user serves to deliver the newsletter.

  1. Duration of storage

The data will be deleted as soon as they are no longer necessary for the purpose mentioned above. The user's e-mail address will be saved as long as the subscription to the newsletter is active.

  1. Opposition and removal option

Subscription to the newsletter may be terminated by the user at any time. For this purpose, there is a corresponding unsubscribe link in each newsletter. This also allows a revocation of the consent of the storage of the personal data collected during the registration process.

2.5 Matomo

  1. This website uses the open source software Matomo (formerly Piwik) to statistically evaluate visitor access.
  2. Matomo uses "cookies" for the evaluation of user access. With these text files, which are stored on the computer of the respective user, it is possible to analyse the use of the website. The information and data generated by cookies is stored on a server in Germany. The IP address is made anonymous before it is saved. You can deactivate the use of cookies in the settings of your browser. However, this may mean that our website can no longer be used to its full extent.
  3. The data will not be passed on to third parties. Matomo uses user data in anonymous form so that we can optimize this website and our offer. IP addresses are stored by Matomo without the last digits. In this respect, we can determine from which network an inquiry comes. It is therefore not possible to assign the IP address to a computer.
  4. You can disable Matomo's data collection here. If your browser supports the "Do-Not-Track" technology and you have activated it, your visit is automatically ignored.

You have the possibility to prevent that actions you have taken here are analyzed and linked. This will protect your privacy, but will also prevent us from learning from your actions and improve usability for you and other users.

Your visit to this website is currently being tracked by Matomo Web Analytics. Contact us to opt-out.

  1. By using this website, you consent to the processing of data about you by Matomo in the manner and for the purposes set out above.

2.6 Google Web Fonts

  1. In order to display our content correctly and graphically appealing across browsers, we use "Google Web Fonts" from Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter "Google") to display fonts on this website.
  2. The privacy policy of the library operator Google can be found here: https://www.google.com/policies/privacy/.
  3. The Google Fonts are installed locally on our server. There is no connection to Google servers.

2.7 Links to other websites

  1. While using some of our services (e.g. “BOOK A TABLE” and “menue card”) you will be automatically redirected to other websites.
  2. Please note that this data protection declaration is not valid there. The privacy policy of the linked website may differ significantly from this one.

2.8 Surveys

  1. We use the software "ReviewPro" to process your ratings and comments in the context of surveys such as the restaurant survey.
  2. ReviewPro is provided by Review Rank, S.A. (Aribau 240, 6-M Barcelona, 08006 Spain). For details, please refer to the Privacy Policy of Review Rank S.A. at https://www.reviewpro.com/privacy-policy/
  3. By participating in a survey you agree to the processing of your data for the purpose of conducting and evaluating the survey.
  4. The participation in a survey can always be carried out without providing personal data. If you provide us with your contact details, these may be used to clarify any queries relating to the respective survey.
  5. 6 months after the completion of the survey, the data will be deleted.

2.9 Processing of personal data according to § 30 of the Federal Registration Act

  1. We have the legal obligation to collect the following data from you according to the German Federal Registration Act (Bundesmeldegesetz / BMG):
  • date of arrival and expected departure,
  • surname,
  • first name,
  • date of birth,
  • nationality,
  • address,
  • the number of fellow travellers and their nationality in the cases of § 29 para. 2 sentences 2 and 3 BMG,
  • serial number of the passport or the passport substitute paper (only for foreign guests),
  • If necessary, further data for the collection of tourism and spa contributions
  1. We are obliged to collect, process and pass on this data within the framework of the BMG. The legal basis for the processing results from Article 6 paragraph (1) letter c) GDPR (legal requirement).
  2. We delete this data or restrict processing as soon as it is permissible under the provisions of the BMG and if there is no consent on your part pursuant to Article 6 paragraph (1) letter a) GDPR and no other legitimate interest on our part pursuant to Article 6 paragraph (1) letter f) GDPR in continued processing.

2.10 Table reservations

  1. We use the "Opentable" service of the provider OpenTable GmbH (Zeil 109, 60313 Frankfurt am Main, Germany). This service allows you to make table reservations for our restaurant.
  2. The use of Opentable contributes to the facilitation of reservations and optimization of our economic operation. This represents a legitimate interest for us in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR.
  3. The service is not directly embedded on our website, but is a link to the website of Opentable. User information is only transferred to Opentable after the link is activated. Please note that separate data protection regulations apply on the OpenTable site.
  4. For more information about how we treat user information and the information you provide, please see Opentable's Privacy Policy at https://www.opentable.de/legal/privacy-policy.

2.11 Hotel stays

  1. When you stay with us, we try to make your stay as pleasant as possible This requires the processing of your personal data to provide specific services during your hotel stay.

These services include

    • housekeeping and maintenance;
    • the return of lost or forgotten items to you; and
    • managing your preferences and those of your companions, such as dietary requirements and pillow preferences

to offer you a better service during your stay with us.

  1. For these purposes we process in particular the following data: name and surname, postal address, consumption habits, arrival and departure dates, nutritional needs, e-mail address, first and last name of adult roommates, other personal preferences, payment information (for the return of lost or forgotten items), telephone number
  2. These data are usually collected directly from you, during your stay in the hotel, or reach us via your travel agency or, for example, through the booking system you use.
  3. Legal basis for the processing of this data is the balancing of interests in accordance with Art. 6 Para. 1 Sentence 1 lit. f GDPR. Our legitimate interest is to organise our hotel maintenance activities, to personalise the services offered and to be able to identify the owner of a lost or forgotten item.
  4. Possible recipients of the data are hotel personnel (including housekeeping, maintenance, reception and other hotel personnel), IT service providers and delivery or courier service providers (for the return of lost or forgotten items).
  5. You can object to the use of the data at any time with effect for the future. An objection can lead to a noticeable restriction of our services.

2.12 Gift vouchers

  1. In our voucher shop you have the opportunity to purchase vouchers for different occasions. If a user realizes this option, the data entered in the input mask will be transmitted to us and processed by us. The processing includes the following data: salutation / title, first name, name, telephone number, e-mail address, date of birth, address, voucher value, wishes, payment data.
  2. The voucher shop is based on the voucher system of INCERT eTourism GmbH & Co KG, Lederfabrik Linz, Leonfeldnerstrasse 328, A-4040 Linz (www.incert.at). We have concluded an order processing agreement with INCERT.
  3. A transfer of personal data to third parties, if this is necessary in the context of the contract, for example, to the commissioned with the payment transaction bank. Further transmission of data only takes place if you have expressly consented to the transmission.
  4. The legal basis for the processing of the data is the conclusion of a purchase contract with the user in accordance with article 6 paragraph 1 lit. b GDPR.
  5. The processing of the personal data provided by the user takes place solely for the processing of the voucher purchase and for the handling of payment transactions.

2.13 CAPELLA Hotel Group

  1. Breidenbacher Hof is a CAPELLA hotel (Capella Hotel Group Pte Ltd)
  2. The CAPELLA Hotel Group is a global company The cross-border exchange of data is crucial for the provision of services so that you can rely on the same high quality service in every hotel of the group. Personal data collected in connection with the Services may - within the framework of legal requirements - be transferred to companies within the CAPELLA Hotel Group. These companies may be located in countries that may have a lower level of security than that required by European data protection legislation.
  3. Legal basis for the processing of this data is the weighing of interests in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest is to be able to offer a uniform service in the hotels of the CAPELLA Hotel Group.
  4. By making a reservation, visiting or staying in a CAPELLA Hotel Group hotel or using one of our services, you confirm that we are authorised to process your personal data within the CAPELLA Hotel Group.
  5. You can object to the use of your data within the other hotels of the CAPELLA Hotel Group at any time with effect for the future. An objection may lead to a noticeable restriction of the services.

3. Cookies

We only use necessary cookies on this website.

3.1 General Information

  1. Cookies are information transmitted by our web server or third-party web servers to the users' devices where they are stored for later retrieval. Cookies can be in the form of small files or any other types of information storage.
  2. In the case that users do not want that cookies are stored on their device, they will be asked to disable the corresponding option in their browser's system settings. Saved cookies may be deleted in the system settings of the browser. The exclusion of cookies can lead to functional impairments of this online service.


3.2 Objection Options

You may object to the use of cookies that are used for measuring the range of coverage and promotional purposes via

  1. deactivation page of the Network Advertising Initiative: http://optout.networkadvertising.org/
  2. the US-American website: http://www.aboutads.info/choices
  3. the European website http://www.youronlinechoices.com/uk/your-ad-choices/

4. Changes to the Data Privacy Policy

  1. We reserve the right to change this Data Privacy Policy with regards to the data processing, in order to adapt it to changed legal situations, to changes of the online service or of the data processing.
  2. If users' consents are required or if elements of the Data Privacy Policy contain provisions in regards to the contractual relationship with the users, the changes will only be made with the consent of the users.
  3. Users are requested to keep themselves informed about the content of this Data Privacy Policy on a regular basis.

Version: 2020-06-19