Privacy policy pursuant to the GDPR for the Hommage Hotels website and for the handling of personal data at all Hommage Hotels

We are delighted that you are interested in our company. The management of 5HALLS HOMMAGE HOTELS GmbH and the operators of all Hommage Hotels attach great importance to the privacy and protection of your data. It is generally possible to use the Hommage Hotels website without entering any personal data. However, if an affected person (a ‘data subject’) would like to utilise special services provided by our company through our website, it may be necessary to process personal data. Should personal data need to be processed without there being legal grounds for such processing, we generally seek the permission of the data subject.

We process personal data, such as the data subject’s name, address, email address or telephone number, at all times in line with the General Data Protection Regulation and in accordance with national privacy legislation applicable to 5HALLS HOMMAGE HOTELS GmbH and all operators of Hommage Hotels. By means of this privacy policy, our company would like to inform the general public about the nature, scope and purpose of the personal data that we collect, use and process. Additionally, this privacy policy explains to data subjects the rights to which they are entitled.

As the controller of the data processing, 5HALLS HOMMAGE HOTELS GmbH and all operators of Hommage Hotels have implemented numerous technical and organisational measures to ensure that the personal data processed via this website is protected as comprehensively as possible. Nevertheless, Internet-based data transmission is by its nature vulnerable to security flaws and, consequently, absolute protection can never be guaranteed. For this reason, every data subject has the option of transmitting their personal data by alternative means, for example, by telephone.

1. Definitions

This privacy policy relies on terminology used by European legislators and regulators when enacting the General Data Protection Regulation (GDPR). We seek to make our privacy policy easy to read and understand for the general public as well as for our guests and business partners. To ensure that this does occur, we would first like to explain the terminology we use.

The terms we use in our privacy policy include the following:

a) personal data

Personal data means any information relating to an identified or identifiable natural person (‘data subject’). An identifiable natural person is a person 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) data subject

A data subject is any identified or identifiable natural person whose personal data is processed by the controller of the data processing.

c) processing

Processing means 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, matching or combination, restriction, erasure or destruction.

d) restriction of processing

Restriction of processing means the marking of stored personal data with the aim of limiting its processing in the future.

e) profiling

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.

f) pseudonymisation

Pseudonymisation means 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 is not attributed to an identified or identifiable natural person.

g) controller

Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by European Union or member state law, the controller or the specific criteria for its nomination may be provided for by European Union or member state law.

h) processor

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

i) recipient

Recipient means a natural or legal person, public authority, agency or another body, to which the personal data is disclosed, whether a third party or not. However, public authorities that may receive personal data in the framework of a particular inquiry in accordance with European Union or member state law are not regarded as recipients.

j) third party

Third party means 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.

k) consent

Consent of the data subject means 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.

l) operator companies of Hommage Hotels

The companies operating Hommage Hotels are:

Söl'ring Hof Betriebs GmbH

Am Sandwall 1

25980 Sylt/Rantum

Germany

Telephone: +49 221 48567-0

Fax: +49 221 48567-148

Email: info(at)hommage-hotels.com

Internet: www.hommage-hotels.com

and

Dorint Hotel in Bremen Betriebs GmbH

Aachener Straße 1051

50858 Cologne

Germany

Telephone: +49 221 48567-0

Fax: +49 221 48567-148

Email: info(at)hommage-hotels.com

Internet: www.hommage-hotels.com

and

Hotel Nassauer Hof Gesellschaft mit beschränkter Haftung

Aachener Straße 1053-1055

50858 Cologne

Germany

Telephone: +49 221 48567-0

Fax: +49 221 48567-148

Email: info(at)hommage-hotels.com

Internet: www.hommage-hotels.com

and

Hotel Maison Messmer GmbH

Aachener Straße 1051

50858 Cologne

Germany

Telephone: +49 221 48567-0

Fax: +49 221 48567-148

Email: info(at)hommage-hotels.com

Internet: https://www.hommage-hotels.com

2. Controller’s name and address

For the purposes of the General Data Protection Regulation, other European Union privacy legislation applicable in member states and other privacy rules and regulations, the controller is as follows:

2.1 The following companies act jointly as controllers of the data processing described in more detail below:

5HALLS HOMMAGE HOTELS GmbH
Aachener Straße 1051
50858 Cologne
Germany

Telephone: +49 221 48567-0
Fax: +49 221 48567-148
Email: info(at)hommage-hotels.com
Internet: https://www.hommage-hotels.com

and

HON-Service GmbH

Aachener Straße 1053-1055
50858 Cologne
Germany

Telephone: +49 221 48 901-14 01
Fax: +49 221 48 901-56
Email: info@honestis.ag
Internet: www.honestis.ag

and

DHI Dorint Hospitality & Innovation GmbH

Aachener Straße 1051
50858 Cologne
Germany

Telephone: +49 221 48567-0
Fax: +49 221 48567-148
Email: info(at)dorint.com
Internet: https://www.dorint.com

and

Dorint GmbH

Aachener Straße 1051
50858 Cologne
Germany

Telephone: +49 221 48567-0
Fax: +49 221 48567-148
Email: info(at)dorint.com
Internet: https://www.dorint.com

and

Essential by Dorint GmbH

Aachener Straße 1051
50858 Cologne
Germany

Telephone: +49 221 48567-0
Fax: +49 221 48567-148
Email: info(at)dorint.com
Internet: https://www.dorint.com

and

Söl'ring Hof Betriebs GmbH
Am Sandwall 1

25980 Sylt/Rantum
Germany

Telephone: +49 221 48567-0
Fax: +49 221 48567-148
Email: info(at)hommage-hotels.com
Internet: https://www.hommage-hotels.com

and

Dorint Hotel in Bremen Betriebs GmbH

Aachener Straße 1051
50858 Cologne
Germany

Telephone: +49 221 48567-0
Fax: +49 221 48567-148
Email: info(at)hommage-hotels.com
Internet: https://www.hommage-hotels.com

and

Hotel Nassauer Hof Gesellschaft mit beschränkter Haftung

Aachener Straße 1053-1055
50858 Cologne
Germany

Telephone: +49 221 48567-0
Fax: +49 221 48567-148
Email: info(at)hommage-hotels.com
Internet: https://www.hommage-hotels.com

and

Hotel Maison Messmer GmbH

Aachener Straße 1051
50858 Cologne
Germany

Telephone: +49 221 48567-0
Fax: +49 221 48567-148
Email: info(at)hommage-hotels.com
Internet: https://www.hommage-hotels.com

5HALLS HOMMAGE HOTELS GmbH is part of the Dorint Group led by DHI Dorint Hospitality & Innovation GmbH and works closely with the above companies, which mostly belong to the aforementioned group of companies, on all aspects of the processing of personal data.

5HALLS HOMMAGE HOTELS GmbH and the operator companies of Hommage Hotels collect your data as part of your booking on the legal grounds provided in GDPR Article 6(1)(b), provided the data is required to carry out the booking process and enable your stay. Your data is stored in connection with this in a database that is located in the EU/EEA and maintained by HON-Service GmbH for 5HALLS HOMMAGE HOTELS GmbH, the operator companies of Hommage Hotels, DHI Dorint Hospitality & Innovation GmbH, Dorint GmbH and Essential by Dorint GmbH for the period of your stay and, beyond that, for a period of three years, unless there exist more extensive legal retention obligations (under the German Tax or Commercial Codes); said storage takes place regardless of whether the booking is made and data therefore collected via www.hommage-hotels.com or via direct contact with one or more of the Hommage Hotels operator companies. In this respect, all of the aforementioned companies – 5HALLS HOMMAGE HOTELS GmbH, the operator companies of Hommage Hotels, HON-Service GmbH, DHI Dorint Hospitality & Innovation GmbH, Dorint GmbH and Essential by Dorint GmbH – act jointly as controllers of the data processing. Pursuant to GDPR Article 26(2) second sentence, the following provides you with the core content of our contract regarding this shared controller role:

The transfer of data into the jointly maintained database described above is based on our legitimate interest within the meaning of GDPR Article 6(1)(f) in consistently planning and carrying out various, group-wide tasks within the Dorint Group. This pertains in particular to the creation of market analyses and analyses of revenue, sales, marketing, brand development, brand promotion, advertising, public relations, loyalty programmes etc. Such analyses and activities are primarily undertaken by DHI Dorint Hospitality & Innovation GmbH and similarly by 5HALLS HOMMAGE HOTELS GmbH, Dorint GmbH, Essential by Dorint GmbH and HON-Service GmbH.

Where you provide us with your data based on consent given pursuant to GDPR Article 6(1)(a) for other purposes, e.g. for signing up to our newsletter, we store this data for the time that your consent is valid. You can withdraw your consent at any time for future effect. This data is also entered into and stored in the jointly maintained database described above.

Data is also transferred between the joint controllers for the purposes of satisfying contracts, particularly where the data is required to carry out the booking process and enable your stay.

Additionally, this data is handled in accordance with this privacy policy and legal provisions; we explicitly refer you to your rights as per section 13 of this privacy policy. Your point of contact for all data subject rights is chiefly 5HALLS HOMMAGE HOTELS GmbH for matters to do with and requests made via the website https://www.hommage-hotels.com, and the Hommage Hotels operator companies for contact or bookings made in person; HON-Service GmbH, as the operator of the database in partnership with the other controllers, satisfies the rights of data subjects. However, you may also speak with any of the joint controllers directly; each of them is responsible for actioning your request regarding your data subject rights.

As part of the joint controller roles, 5HALLS HOMMAGE HOTELS GmbH and the operator companies of Hommage Hotels are responsible for the collection of your data, and therefore for the accuracy of your data and the lawfulness of its collection. Your data is used by all joint controllers within the scope provided above; the joint controllers are the entities jointly responsible for the lawfulness of your data’s use within the framework of your consent.

2.2. 5HALLS HOMMAGE HOTELS GmbH is the responsible entity for any collection of data on this website that is described below.

3. Name and address of the privacy officer

The privacy officer for 5HALLS HOMMAGE HOTELS GmbH, the entity responsible for the data collection and processing on this website, is:

Prof. Rolf Lauser
Privacy Officer
Dr. Gerhard-Hanke-Weg 31
85221 Dachau
Germany

Email: rolf@lauser-nhk.de

All data subjects are able to contact our privacy officer directly at any time if they have questions or suggestions regarding data privacy.

4. Cookies

The Hommage Hotels website uses cookies. Cookies are text files that are downloaded and stored on a computer system through a Web browser.

There are numerous websites and servers that use cookies. Many cookies contain what is called a cookie ID. A cookie ID is a unique identifier for the cookie. The ID consists of a sequence of characters through which websites and servers can be matched to the specific Web browser in which the cookie was stored. This makes it possible for the accessed websites and servers to differentiate between the data subject’s individual browser and other browsers that receive other cookies. Specific Web browsers can thus be recognised and identified using the unique cookie ID.

By using cookies, 5HALLS HOMMAGE HOTELS GmbH can provide website users with more user-friendly services that would otherwise not be possible.

The use of cookies optimises the information and offerings on our website for the user’s benefit. Cookies enable us to recognise the people using our website, as described above. The reason we seek to recognise users is so that we can make it easier for them to use our website. A person who uses a website that stores cookies, for example, does not have to repeatedly log in every time he or she visits the site, as the website and the cookie stored on the user’s computer take care of it for him or her. Another example is the cookie stored for a shopping basket in an online shop. The online shop remembers the items the customer puts in his or her virtual basket by using a cookie.

The cookies described here are only set if you have previously given your consent to the storage of these types of cookies. You can of course withdraw your consent at any time or prevent cookies being set through your Web browser’s settings. Furthermore, cookies that have already been stored can be deleted at any time using the Web browser or other programs. This is a function available in all common Web browsers. If a data subject deactivates his or her Web browser’s cookie-saving function, it may in some cases no longer be possible to use the complete functionality of our website. Tracking cookies are used by the responsible entity if you have previously given your consent.

5. Collection of general data and information

Every time a data subject or automated system navigates to the Hommage Hotels website, the website collects a range of general data and information. This general data and information is stored in the server’s log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the system accessing the website, (3) the website from which a visiting system navigates to our website (the ‘referrer’), (4) the pages that a visiting system navigates to on our website, (5) the date and time of website access, (6) the Internet Protocol (IP) address, (7) the visiting system’s Internet service provider and (8) other data and information of a similar nature that can be used to avert danger in case our IT systems are attacked.

5HALLS HOMMAGE HOTELS GmbH does not infer details about the data subject when using this general data and information. Rather, this information is required to (1) present the content of our website correctly, (2) optimise the content and advertisement of our website, (3) assure ongoing operability of our IT systems and our website’s technology and (4) supply information required for criminal prosecution to prosecution authorities in the event of a cyberattack. This data and information, which is collected anonymously, is therefore analysed by 5HALLS HOMMAGE HOTELS GmbH for statistical purposes and, moreover, with the goal of increasing the protection and security of data in our organisation so that an optimal level of protection for the personal data processed by us can in the end be assured. The anonymous data in the server log files is stored separately from all personal data provided by a data subject.

6. Registration on our website/registration for the Dorint Card bonus programme

The data subject has the option of, for example, registering for the Dorint Card bonus programme on the controller’s website if the data subject enters his or her personal data. By entering his or her data, the data subject gives his or her consent to its processing on the basis of the following provisions; the data subject enjoys all the rights set out below in section 13, including in particular the right to withdraw consent under privacy law, though the exercise of such rights may exclude him or her from participation in the Dorint Card bonus programme.

The personal data that is transferred to the controller as part of this can be seen in the relevant data input screen used for registration. The personal data entered by the data subject is collected and stored exclusively for the controller’s internal usage and own purposes. The controller may arrange disclosure to one or more processors, for example a courier, which will in turn use the personal data exclusively for internal purposes attributable to the controller.

Registration on the controller’s website also results in the storage of the date and time of registration along with the IP address assigned by the data subject’s Internet service provider (ISP). This data is stored because it is the only way we can prevent our services being misused and, if necessary, this data enables us to investigate any crimes that may be committed. In this respect, storage of this data is required for the controller’s security.

Registration of the data subject based on his or her voluntary entry of personal data serves the purpose of allowing the controller to offer the data subject content or services that can only be offered to registered users due to the nature of those items. On request, the controller will provide any data subject access to his or her personal data by providing information about what personal data regarding the data subject is stored. Furthermore, if desired or advised by the data subject, the controller will correct or erase personal data unless there are statutory retention obligations barring such action. The data subject may approach or contact any employee of the controller for this purpose. The controller has partnered with the processor Serenata Intraware for the processing of personal data in conjunction with registration for the Dorint Card bonus programme. The company operating Next Guest CRM/Serenata Intraware is Serenata Intraware GmbH, Neumarkter Str. 18, 81673 Munich.

7. Signing up to our newsletter

Users are offered the opportunity to sign up for the Hommage Hotels newsletter on the Hommage Hotels website. By entering his or her data, the data subject gives his or her consent to its processing on the basis of the following provisions; the data subject enjoys all the rights set out below in section 13, including in particular the right to withdraw consent under privacy law, though the exercise of such rights may preclude him or her from subscribing to our newsletter.

The personal data that is transferred to the controller when requesting the newsletter can be found on the input screen used for this. 5HALLS HOMMAGE HOTELS GmbH provides its customers and business partners with information at regular intervals by way of a newsletter featuring the company’s offers. Our company’s newsletter can normally only be received by the data subject if (1) the data subject possesses a valid email address and (2) the data subject signs up to receive the newsletter. The law requires that a confirmation email using the double-opt-in method be sent when the data subject enters a previously unused email address for receiving the newsletter. This confirmation email serves to check whether the owner of the email address is the data subject and has authorised the sending of the newsletter.

When signing up for the newsletter, we also store the IP address assigned to the data subject by his or her Internet service provider (ISP) as used by his or her computer system at the time of signing up as well as the date and time of signing up. It is necessary to collect this data in order to identify any (potential) misuse of a data subject’s email address at a later point in time, for which reason such collection serves as legal security for the controller.

The personal data collected during newsletter sign-up is used exclusively to send our newsletter. Furthermore, newsletter subscribers may receive information via email if this is required for the operation of the newsletter service or registration for it, as may be the case if there are changes to the newsletter offering or changes to the technical situation. We use the ‘Mailchimp’ newsletter sending service and Serenata Intraware for signing up to and sending out our newsletter. Extensive information about the ‘Mailchimp’ and Serenata Intraware newsletter sending services can be found in section 20 of this privacy policy.

A subscription to our newsletter can be cancelled by the data subject at any time. The data subject can at any time withdraw consent that he or she may have given us to store personal data in order to send the newsletter. A link is included in every newsletter for the purpose of withdrawing consent. Furthermore, there also exist the options of unsubscribing from the newsletter directly on the controller’s website or notifying the controller of this desire in another way.

8. Newsletter tracking

The 5HALLS HOMAGE HOTELS GmbH newsletters contain Web beacons. A Web beacon is a miniature graphic file embedded in emails sent out in HTML format in order to enable log-file records and log-file analysis. This enables a statistical analysis of the success or failure of online marketing campaigns. Using the embedded Web beacon, 5HALLS HOMMAGE HOTELS GmbH can identity whether and when an email is opened by a data subject and the links included in the email that the data subject has followed.

Such personal data collected using Web beacons contained in newsletters is stored and analysed by the controller to optimise the sending of the newsletter and better align the content of future newsletters with the interests of the data subject. Data subjects are entitled at any time to withdraw the special declaration of consent provided in connection with this through the double-opt-in method. We partner with the newsletter sending services ‘Mailchimp’ and Serenata Intraware for this. Extensive information about the ‘Mailchimp’ and Serenata Intraware newsletter sending services can be found in section 20 of this privacy policy.

9. Contact option on website/contact form and email contact

Due to statutory regulations, the Hommage Hotels website contains information that enables fast, electronic contact with our company and direct communication with us, including a general email address. The contact forms provided as contact options are forms for general enquiries, booking and reservation requests, restaurant table reservation requests and ordering brochures. If a data subject contacts the controller by email or using the contact form, the personal data transmitted by the data subject will be stored automatically. Personal data transmitted from the data subject to the controller in a voluntary manner such as this is stored for the purpose of processing or contacting the data subject. If a user utilises this contact option, the data entered on the data input screen will be transferred to us and stored. This data includes: the user’s forename, surname, telephone number and/or email address. In addition, the following data is also stored at the time the message is sent: the user’s IP address and the date and time of registration. The user’s consent to the processing of the data is obtained and the user referred to this privacy policy when he or she sends the message.

Alternatively, contact is also possible using the provided email address. In this case, the user’s personal data that is transferred with the email is stored. This personal data is not shared with third parties.

If the user has given his or her consent, the legal grounds for processing the data are provided in GDPR Article 6(1)(a). The legal grounds for processing data that is transferred when sending an email are provided in GDPR Article 6(1)(f). If the email contact is for the purpose of entering into a contract, there are additional legal grounds for processing provided in GDPR Article 6(1)(b).

10. Comment function on the website’s blog

5HALLS HOMMAGE HOTELS GmbH maintains a blog located on the controller’s website on which it offers users the opportunity to leave individual comments on individual blog posts. A blog is typically a publicly accessible home page that is maintained on a website on which one or more persons known as bloggers or Web bloggers post articles or write down thoughts in so-called blog posts. Blog posts can normally be commented on by third parties.

If a data subject leaves a comment on the blog published on this website, the comments left by the data subject are stored and published along with details about the time the comment was written and the username (pseudonym) selected by the data subject. Furthermore, the IP address assigned by the data subject’s Internet service provider (ISP) is logged, too. This storage of the IP address is for security reasons and in case the data subject leaves a comment that violates third-party rights or leads to unlawful content being posted. For this reason, the personal data is stored in the interest of the controller, allowing it to exculpate itself where necessary in the event of a breach of the law. The personal data collected this way is not disclosed to third parties unless such disclosure is required by law or serves the controller’s legal defence.

11. Subscription to comments on the website’s blog

Third parties may normally subscribe to the comments that are submitted to the 5HALLS HOMMAGE HOTELS GmbH blog. In particular, there exists the opportunity for a commenter to subscribe to the comments that are left following his or her comment on a specific blog post. The legal grounds for processing user contact data in this case are provided in GDPR Article 6(1)(a).

If a data subject decides to use the option of subscribing to comments, the controller will send an automatic confirmation email using the double-opt-in method to check whether the owner of the provided email address really has decided in favour of this option. The option to subscribe to comments can be deactivated at any time.

12. Routine deletion and restriction of personal data

The controller processes and stores the data subject’s personal data only for the period of time required to achieve the purpose for which it is stored or only if the controller is required to store data on account of legislation or regulations that are passed by European Union legislators and regulators, or other legislators, and the controller is subject to this legislation or these regulations.

Should there no longer be any reason to store the data or if a retention period prescribed by a European Union directive or regulation or by other relevant law expires, the personal data will be restricted from processing or deleted as a matter of routine and in accordance with statutory regulations.

13. Rights of the data subject

a) right of confirmation

Under law enacted by European Union legislators and regulators, each data subject has the right to obtain from the controller confirmation as to whether or not personal data concerning him or her is being processed. If a data subject would like to utilise this right of confirmation, he or she can contact an employee of the controller for this at any time.

b) right of access

Any data subject whose personal data is processed has the right granted by European Union legislators and regulators to obtain information free of charge about the personal data regarding him or her that is stored by the controller and to obtain a copy of this information at any time. Further, European Union legislators and regulators empower the data subject to demand access to the following information:

the purposes of the processing
the categories of personal data processed
the recipients or categories of recipient to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
the existence of a right to lodge a complaint with a supervisory authority
if the personal data is not collected from the data subject: any available information as to its source
the existence of automated decision-making, including profiling, referred to in GDPR Article 22(1) and (4) and, in at least these cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

In addition, the data subject also has a right of information regarding personal data that has been transferred to a third country or an international organisation. If that is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject would like to utilise these rights of access and information, he or she can contact an employee of the controller for this at any time.

c) right to rectification

Any data subject whose personal data is processed has the right granted by European Union legislators and regulators to obtain without undue delay the rectification of inaccurate personal data concerning him or her. Moreover, and taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by providing a supplementary statement.

If a data subject would like to utilise this right of rectification, he or she can contact an employee of the controller for this at any time.

d) right to erasure (‘right to be forgotten’)

Any data subject whose personal data is processed has the right granted by European Union legislators and regulators to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and processing is not required:

The personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.

The data subject withdraws the consent on which the processing is based in accordance with GDPR Article 6(1)(a) or Article 9(2)(a) and where there is no other legal ground for the processing.

The data subject objects to the processing pursuant to GDPR Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to GDPR Article 21(2).

The personal data has been unlawfully processed.

The personal data has to be erased for compliance with a legal obligation under European Union or member state laws to which the controller is subject.

The personal data has been collected in relation to offered information society services referred to in GDPR Article 8(1).

Where one of the above grounds applies and a data subject would like to have the personal data stored by controller erased, he or she can contact an employee of the controller for this at any time. The controller’s employee will arrange to have the erasure request taken care of promptly.

Where the controller has made the personal data public and our company, as controller, is obliged under GDPR Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested the erasure by these other controllers of any links to, or copies or replications of, this personal data, provided it is not necessary to process the data. The controller’s employee will arrange the necessary measures for the individual situation.

e) right to restriction of processing

Any data subject whose personal data is processed has the right granted by European Union legislators and regulators to obtain the controller’s restriction of processing where one of the following applies:

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 and the data subject opposes the erasure of the personal data and requests the restriction of its use instead.

The controller no longer needs the personal data for the purposes of the processing, but it is required by the data subject for the establishment, exercise or defence of legal claims.

The data subject has objected to processing pursuant to GDPR Article 21(1) pending the verification of whether the legitimate grounds of the controller override those of the data subject.

Where one of the above requirements is met and a data subject would like to ask to have the personal data stored by controller restricted, he or she can contact an employee of the controller for this at any time. The controller’s employee will arrange the restriction of processing.

f) right to data portability

Any data subject whose personal data is processed has the right granted by European Union legislators and regulators to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. The data subject also has the right to transmit that data to another controller without hindrance from the controller to which the personal data has been provided, where the processing is based on consent pursuant to GDPR Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to GDPR Article 6(1)(b), and the processing is carried out by automated means. However, this latter right does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Additionally, in exercising his or her right to data portability pursuant to GDPR Article 20(1), the data subject has the right to have the personal data transmitted directly from one controller to another where technically feasible and where the rights and freedoms of others are not adversely affected.

If a data subject would like to utilise this right to data portability, he or she can contact one of the controller’s employees at any time.

g) right to object

Any data subject whose personal data is processed has the right granted by European Union legislators and regulators to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point GDPR Article 6(1)(e) or (f). This also applies to any profiling based on these provisions.

In the event of an objection, the controller 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 the establishment, exercise or defence of legal claims.

Where the controller processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data concerning him or her for such marketing. The right to objection includes profiling, to the extent that it is related to such direct marketing. Where the data subject objects to the controller processing for direct marketing purposes, the controller will no longer process the personal data for such purposes.

In addition, where personal data is processed by the controller for scientific or historical research purposes or statistical purposes pursuant to GDPR Article 89(1), the data subject, on grounds relating to his or her particular situation, has the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

To exercise his or her right of objection, the data subject can directly contact any employee of the controller or another employee. Furthermore, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject has the option of exercising his or her right to object by automated means using technical specifications.

h) automated individual decision-making, including profiling

Any data subject whose personal data is processed has the right granted by European Union legislators and regulators not to be subject to a decision based solely on automated processing, including profiling, which has legal consequences for him or her or significantly affects him or her in a similar manner. However, this right does not apply if the decision: (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is authorised by European Union or member state law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights, freedoms and legitimate interests, or (3) is based on the data subject's explicit consent.

If the decision is (1) required for entering into or performance of a contract between the data subject and controller, or (2) based on the data subject’s explicit consent, the controller will implement suitable measures to safeguard the data subject’s rights, freedoms and legitimate interests, which involves at least the right for the data subject to obtain human intervention from the controller, to express his or her point of view and to contest the decision.

If a data subject would like to utilise rights related to automated decisions, he or she can contact an employee of the controller for this at any time.

i) right to withdraw consent under privacy law

Any data subject whose personal data is processed has the right granted by European Union legislators and regulators to withdraw his or her consent to the processing of that personal data at any time.

If a data subject would like to utilise his or her right to withdraw consent, he or she can contact an employee of the controller for this at any time.

14. Privacy-policy provisions for the use and application of the customer relationship management (CRM) system from Next Guest CRM/Serenata Intraware

The controllers have integrated a customer-relationship management (CRM) system from the company Next Guest CRM/Serenata Intraware. A CRM system is used to maintain relationships with customers and refers to a company’s consistent focusing on its customers and the systematic design of customer relationship processes. The associated documentation and management of customer relationships is an important building block for our company and enables deeper relationship marketing. The customer data that is stored on systems from Next Guest CRM/Serenata Intraware also includes personal data, namely contact, contract and payment data of guests and prospective guests and also of employees, suppliers, contractors and other parties to contracts with the customer/companies and documents featuring communication between the aforementioned parties and the customer/companies.

The company operating Serenata Intraware is Serenata Intraware GmbH, Neumarkter Str. 18, 81673 Munich; the controllers have signed a contract with this company for processing on the controller’s behalf.

Personal data is processed when bookings are made on the Hommage Hotels website and when registering online for the Dorint Card bonus programme. The personal data is processed as per the provisions of GDPR Articles 4(2) and 28. The controllers have a legitimate interest in this processing and the processing is also required to carry out online bookings. Data processing in this regard is therefore based on GDPR Article 6(1)(b) and, otherwise, on GDPR Article (6)(1)(f). On request, the controllers will provide any data subject access to his or her personal data by providing information about what personal data regarding the data subject is stored. Furthermore, if desired or advised by the data subject, the controller will correct or erase personal data unless there are statutory retention obligations barring such action. The data subject may approach or contact any employee of the controller for this purpose.

15. Privacy-policy provisions for the use and application of HotelREZ

The controllers have integrated services from HotelREZ Limited. These services comprise software for capturing data for the creation and processing of bookings for hotel stays. HotelREZ is used online on the website dorint.com for the purpose of carrying out a direct booking. The nature and scope of the personal data requested can be found on the corresponding input screen. The personal data is collected, processed and used exclusively for carrying out and managing the contract (the accommodation contract) established with the booking and for carrying out and managing the hotel stay. The underlying legal grounds for this are provided in GDPR Article 6(1)(b).

The company operating HotelREZ, HotelREZ Limited, is based in the United Kingdom and registered at Balderton Hall, Fernwood, Newark, Nottinghamshire, NG24 3JR, United Kingdom; the controllers have signed a contract with this company for processing on the controller’s behalf.

17. Privacy-policy provisions for the use and application of an Internet service provider

The controllers use the Web hosting provider Mittwald, based in Germany, for the purposes of hosting the website and for backup services. A hosting provider offers and operates Internet services that are necessary for the infrastructure required for the controllers’ website.

The company operating Mittwald is Mittwald CM Service GmbH & Co. KG, Königsberger Straße 4-6, 32339 Espelkamp, Germany; the controllers have signed a contract with this company for processing on the controller’s behalf.

Access to personal data by the contractor cannot be ruled out when services are performed for the purpose of hosting. The data-processing operations take place in a member state of the European Union or European Economic Area exclusively. The personal data that is transferred is normally user data such as IP addresses and files logging user activities (the pages visited, time of access, byte volume of data sent, source/referrer from which the visitor accessed the page, browser used, operating system used and IP address used). The data collected through Mittwald is not used to identify the data subject unless separate, explicit consent has been obtained from the data subject beforehand. This data is not merged with personal data or with other data that contains the same pseudonym.

18. Privacy-policy provisions for the use and application of Affilinet

5HALLS HOMMAGE HOTELS GmbH, as controller of this website, has integrated components from the company Affilinet into this website. Affilinet is a German affiliate network that offers affiliate marketing.

Affiliate marketing is an Internet-based form of selling that enables commercial website operators – ‘merchants’ or ‘advertisers’ – to display advertising on websites belonging to third parties, i.e. sales partners which are also referred to as ‘affiliates’ or ‘publishers’ and which usually receive commission from clicks or sales. Using the affiliate network, the merchant provides an advertising medium, i.e. a banner advertisement or other suitable form of online advertising, which is in turn displayed by an affiliate on its own website or via other channels, such as through keyword advertising or email marketing.

The company operating Affilinet is affilinet GmbH, Erste Sapporobogen 6-8, 80637 Munich, Germany; the controllers have signed a contract with this company for processing on the controller’s behalf.

Affilinet stores a cookie on the data subject’s IT system. There is an explanation of what cookies are earlier in this privacy policy. The tracking cookie from Affilinet does not store any kind of personal data. The only things stored are the identification number of the affiliate, i.e. the partner selling to the prospective customer, and the reference number of the visitor of a website and the advertisement that has been clicked on. The purpose for storing this data is to carry out commission payments between a merchant and the affiliate for commission earned through Affilinet, the affiliate network.

The cookies described here are only set if you have previously given your consent to the storage of these types of cookies. You can of course withdraw your consent at any time or prevent cookies being set through your Web browser’s settings. Furthermore, cookies that have already been set by Affilinet can be deleted at any time using the Web browser or other programs. Users should be aware that this may potentially result in the use of some services on our website becoming restricted.

Affilinet’s applicable privacy-policy provisions can be viewed at www.affili.net/de/footeritem/datenschutz.

19. Privacy-policy provisions for the use and application of Etracker

5HALLS HOMMAGE HOTELS GmbH, as controller of this website, has integrated components from the company Etracker into this website. Etracker is a Web-analytics service. Web analytics refers to the collection, storage and analysis of data regarding the behaviour of website visitors. A Web-analytics service records data that includes the website from which a data subject has arrived at another (called the ‘referrer’), the pages that are accessed on a website and how often and for how long a page is viewed. Web analytics is used primarily to optimise websites and for cost-benefit analyses of Internet advertising.

The company operating Etracker is etracker GmbH, Erste Brunnenstraße 41, 20459 Hamburg, Germany; the controller has signed a contract with this company for processing on the controller’s behalf.

Etracker stores a cookie on the data subject’s IT system. There is an explanation of what cookies are earlier in this privacy policy. Every time a page is visited on this website, which is operated by the controller and features an integrated Etracker component, the relevant Etracker component automatically causes the Web browser on the data subject’s IT system to transfer data to Etracker for marketing and optimisation purposes. As part of this technical process, Etracker obtains data that is subsequently used to create pseudonymous usage profiles. The usage profiles generated through this serve to analyse the behaviour of the data subject accessing the controller’s website, and these usage profiles are analysed with the aim of improving and optimising the website. The data collected through the Etracker component is not used to identify the data subject unless separate, explicit consent has been obtained from the data subject beforehand. This data is not merged with personal data or with other data that contains the same pseudonym.

The cookies described here are only set if you have previously given your consent to the storage of these types of cookies. You can of course withdraw your consent at any time or prevent cookies being set through your Web browser’s settings. Furthermore, cookies that have already been set by Etracker can be deleted at any time using the Web browser or other programs. Users should be aware that this may potentially result in the use of some services on our website becoming restricted.

Additionally, the data subject has the option of objecting to and preventing the acquisition of data generated by the Etracker cookie in relation to usage of this website and of objecting to and preventing the processing of this data by Etracker. To do this, the data subject must follow this link: www.etracker.de/privacy and click on ‘Set cookie’, which will set an opt-out cookie. The opt-out cookie set by objecting to the processing will be stored on the IT system used by the data subject. If the cookies on the data subject’s system are then erased after registering an objection, the data subject will have to follow the link again and set a new opt-out cookie.

Please note that setting an opt-out cookie means that the data subject may not be able to use the controller’s website to its full extent any more.

Etracker’s applicable privacy-policy provisions can be viewed at https://www.etracker.com/de/datenschutz.html.

20. Privacy-policy provisions for the use and application of the Mailchimp and Serenata Intraware email marketing systems

The controllers use the email marketing components of Mailchimp and Serenata Intraware to send their newsletter.

Mailchimp is a service provided by The Rocket Science Group, LLC, 512 Means Street, Suite 404, Atlanta, GA 30318, United States. The Serenata Intraware email marketing system is in turn a service of Serenata Intraware GmbH, Neumarkter Str. 18, 81673 Munich, Germany.
User data that is stored when signing up for the newsletter via Mailchimp (email address, IP address and date and time of signing up) is transferred to a server belonging to The Rocket Science Group in the United States, where it is stored in compliance with the EU-US Privacy Shield Framework. Further information about privacy with Mailchimp can be found at: mailchimp.com/legal/privacy/

Further information about the EU-US Privacy Shield Framework can be found at: the office of the German Federal Commissioner for Data Protection and Freedom of Information ec.europa.eu/justice/data-protection/international-transfers/eu-us-privacy-shield/index_en.htm.
User data stored when signing up for the newsletter through Serenata Intraware (email address, IP address and the date and time of signing up) is transferred to a server belonging to Serenata Intraware GmbH, Neumarkter Str. 18, 81673 Munich, Germany. The personal data is processed as per the provisions of GDPR Articles 4(2) and 28.

Users may at any time cancel or withdraw their subscription to this newsletter, and therefore their consent to storage of their data, with effect for the future. Specific details about this can be found in the confirmation email and in any individual newsletter. Our newsletter contains Web beacons, which we use to be able to identify whether and when an email has been opened and the links in the email that were followed by the personalised recipient.

We store this data so that we can align our newsletter optimally with the wishes and interests of our subscribers. Accordingly, the data collected this way is used to send personalised newsletters to each recipient. To obtain data-subject consent, we ask users to confirm the following statement at the appropriate location: ‘I consent to my data and usage patterns being stored electronically by the newsletter tracking technology so that I can receive a personalised newsletter.’

Withdrawing consent to receipt of the newsletter will also withdraw consent to the tracking described above. When personal data is processed for the purpose of contacting us, it is done in accordance with GDPR Article 6(1)(a) on the basis of the consent granted voluntarily by the data subject. The personal data collected by us so that the data subject can use the contact form is deleted automatically once his or her enquiry has been resolved.

21. Privacy-policy provisions for the use and application of ‘eStandby Upgrade’ services from NOR1

The controllers also use ‘eStandby Upgrade’ services that aim to offer booked hotel guests appropriate add-on services. Data is processed for the purposes of discharging contractual obligations and taking steps prior to entering into a contract, and based on the controllers’ legitimate interest in providing information about appropriate services or add-on services. The legal grounds for the data processing are therefore provided in GDPR Article 6(1)(b) and (f).

The controller partners with the processor Nor1, Inc., a company registered in Delaware, United States, at 3255 Scott Blvd, Building 7 Suite 120, Santa Clara, CA 95054, United States for the processing of personal data for ‘eStandby Upgrade’ services. Further information about privacy at Nor1 can be found at: www.nor1.com/privacy_policy

The following personal data is stored and processed for the ‘eStandby Upgrade’ services: booking data including the name and address of the guest, name and address of the invoice recipient, services booked and loyalty programme memberships such as the Dorint Card bonus programme and data about the hotel/guest relationship.

In connection with ‘eStandby Upgrade’ services, the personal data is transferred to servers belonging to Nor1, Inc. and its subsidiaries in the United States and stored there in compliance with the EU-US Privacy Shield Framework. Further information about the EU-US Privacy Shield Framework can be found at: the office of the German Federal Commissioner for Data Protection and Freedom of Information ec.europa.eu/justice/data-protection/international-transfers/eu-us-privacy-shield/index_en.htm.

22. Privacy-policy provisions for the use and application of Customer Alliance

The controllers have integrated services from Customer Alliance. Customer Alliance is used to analyse customer ratings on the Internet, actively survey customers and acquire bookings. Customer Alliance collects, uses and processes personal data for this. The nature and purpose of Customer Alliance’s processing of personal data is to approach the controller’s customers with a request to rate the provided service, record the customers’ ratings and subsequently analyse them for and provide them to the controller. The controllers have a legitimate interest in such actions for analysing customer satisfaction, for which reason the processing in this context is based on GDPR Article 6(1)(f).

The company operating the Customer Alliance services is CA Customer Alliance GmbH, Ullsteinstraße 130, 12109 Berlin, Germany; the controllers have signed a contract with this company for processing on the controller’s behalf.

Customer Alliance processes these types/categories of data on behalf of the controllers: name, title, gender, language, contract length, email address, telephone number, address, information about service performed (costs, revenue, number of items within the service scope), individual segmentation data if applicable, channels through which contracts were entered into (online, telephone etc.), country of origin, category or group of service, rating of Customer Alliance’s client by the customer (customer rating). The processing of the personal data takes place exclusively within the territory of the Federal Republic of Germany or in a member state of the European Union or European Economic Area.

23. Privacy-policy provisions for the use and application of Google Maps

5HALLS HOMMAGE HOTELS GmbH, as controller of this website, has integrated Google Maps services into this website. The Google Maps API is used to present geographical information visually. Google also collects, processes and uses data about visitors’ use of the map functions when Google Maps is used.

The company operating the Google Maps services is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

Google Maps stores a cookie on the data subject’s IT system. There is an explanation of what cookies are earlier in this privacy policy. By setting the cookie, Google becomes able to recognise the visitor of our website if he or she later views a website that is also a member of the Google Display Network. The data subject’s Web browser automatically identifies itself with Google each time a website with the integrated Google Maps service is viewed. As part of this technical process, Google receives personal data such as the user’s IP address or surfing patterns, which Google uses to do things such as display interest-based advertising.

Personal information such as the website visited by the data subject is stored using the cookie. Accordingly, personal data, including the IP address for the data subject’s Internet connection, is transferred to Google in the United States every time our website is visited. This personal data is stored by Google in the United States. In some cases, Google shares the personal data collected through these technological processes with third parties.

The cookies described here are only set if you have previously given your consent to the storage of these types of cookies. You can of course withdraw your consent at any time or prevent cookies being set through your Web browser’s settings. Furthermore, cookies that have already been set by Google can be deleted at any time using the Web browser or other programs. Users should be aware that this may potentially result in the use of some services on our website becoming restricted.

Furthermore, the data subject has the option of objecting to interest-based advertising by Google. To do this, the data subject must navigate to the link www.google.com/settings/ads on any of the browsers he or she uses and select his or her preferred settings there.

Further information and the applicable privacy-policy provisions of Google can be viewed at www.google.de/intl/de/policies/privacy/.

24. Privacy-policy provisions for the use and application of Facebook

5HALLS HOMMAGE HOTELS GmbH, as controller of this website, has integrated components from the company Facebook into this website. When giving consent to the use of cookies, the data subject consents to the data processing described here in connection with Facebook components, though he or she can also deny consent. The following information about Facebook, including data processing by Facebook, only applies to data subjects when they have given their consent to the setting of cookies.

Facebook is a social network. A social network is a social meeting place and online community run on the Internet that usually enables users to communicate with each other and interact in a virtual setting. A social network can be used as a platform to exchange opinions and experiences and it enables the online community to provide personal or commercial information. Facebook enables the social network’s users to do things such as create private profiles, upload photos and network with each other through friend requests.

The company operating Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. Its controller for the processing of personal data concerning data subjects living outside of the United States or Canada is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Central Harbour, Dublin 2, Ireland.

Every time an individual page is visited on this website, the latter being operated by the controller and featuring an integrated Facebook component (Facebook plug-in), the relevant Facebook component automatically causes the Web browser on the data subject’s IT system to download a rendering of the corresponding Facebook component from Facebook. An overview of all Facebook plug-ins can be found at developers.facebook.com/docs/plugins/. This technological process involves Facebook receiving knowledge of the particular page on our website that the data subject visits. This process is only activated on our website if you have previously given your consent.

Every time the data subject visits our website and for the entire length of time he or she dwells on our website, Facebook identifies the specific page on our website that the data subject visits if he or she is simultaneously logged into Facebook. This information is collected by the Facebook component and matched with the data subject’s Facebook account by Facebook. If the data subject clicks on one of the Facebook buttons integrated into our website, for example the ‘Like’ button, or if the data subject leaves a comment, Facebook matches this information with the data subject’s personal Facebook account and stores this personal data.

The Facebook component always informs Facebook of the data subject visiting our website if the data subject is simultaneously logged into Facebook at the time of visiting our website, irrespective of whether the data subject clicks on the Facebook component. If the data subject does not want this information to be transferred to Facebook in the described manner, he or she can prevent it being transferred by logging out of his or her Facebook account before visiting our website.

The Data Policy published by Facebook, available at de-de.facebook.com/about/privacy/, provides information about Facebook’s collection, processing and use of personal data. Furthermore, it explains the settings that Facebook offers to protect the privacy of data subjects. Additionally, there are various applications available that make it possible to stop data from being transferred to Facebook. Data subjects can use these applications to prevent data from being transferred to Facebook.

25. Privacy-policy provisions for the use and application of Google Remarketing

5HALLS HOMMAGE HOTELS GmbH, as controller of this website, has integrated Google Remarketing services into this website. Google Remarketing is a function of Google AdWords which enables a company to display advertising to Internet users who have previously viewed the company’s website. Accordingly, the integration of Google Remarketing allows a company to create user-based advertising and consequently display to the Internet user interest-based advertisements. The Google AdWords services are only activated when you have previously given your consent to the setting of cookies.

The company operating the Google Remarketing services is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

The purpose of Google Remarketing is to display interest-based advertising. Google Remarketing enables us to display advertisements over the Google Display Network or other websites that are aligned with the individual needs and interests of Internet users.

Google Remarketing stores a cookie on the data subject’s IT system. There is an explanation of what cookies are earlier in this privacy policy. By setting the cookie, Google becomes able to recognise the visitor of our website if he or she later views a website that is also a member of the Google Display Network. The data subject’s Web browser automatically identifies itself with Google each time a website with the integrated Google Remarketing service is viewed. As part of this technical process, Google receives personal data such as the user’s IP address or surfing patterns, which Google uses to do things such as display interest-based advertising.

The cookies described here are only set if you have previously given your consent to the storage of these types of cookies. You can of course withdraw your consent at any time or prevent cookies being set through your Web browser’s settings. Furthermore, cookies that have already been set by Google Remarketing can be deleted at any time using the Web browser or other programs. Users should be aware that this may potentially result in the use of some services on our website becoming restricted.

Further information and the applicable privacy-policy provisions of Google can be viewed at www.google.de/intl/de/policies/privacy/.

26. Privacy-policy provisions for the use and application of Google+

5HALLS HOMMAGE HOTELS GmbH, as controller of this website, has integrated the Google+ button as a component on this website. Google+ is a social network. A social network is a social meeting place and online community run on the Internet that usually enables users to communicate with each other and interact in a virtual setting. A social network can be used as a platform to exchange opinions and experiences and it enables the online community to provide personal or commercial information. Google+ enables the social network’s users to do things such as create private profiles, upload photos and network with each other through friend requests.

The company operating Google+ is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

Google+ is only activated when you have previously given your consent to the setting of cookies.

Every time an individual page is visited on this website, the latter being operated by the controller and featuring an integrated Google+ button, the relevant Google+ button automatically causes the Web browser on the data subject’s IT system to download a rendering of the corresponding Google+ button from Google. This technological process involves Google receiving knowledge of the particular page on our website that the data subject visits. More detailed information about Google+ can be viewed at https://developers.google.com/.

Every time the data subject visits our website and for the entire length of time he or she spends on our website, Google identifies the specific page on our website that the data subject is visiting if he or she is simultaneously logged into Google+. This information is collected by the Google+ button and matched with the data subject’s Google+ account by Google.

If the data subject clicks on one of the Google+ buttons integrated into our website and thereby submits a Google+1 recommendation, Google matches this information with the data subject’s personal Google+ account and stores this personal data. Google stores the Google+1 recommendation of the data subject and makes it publicly accessible in compliance with the terms and conditions accepted by the data subject in connection with this. A Google+1 recommendation by the data subject on this page will afterwards be stored and processed along with other personal data, such as the name and photograph on the Google+1 account used by the data subject, in other Google services, such as Google search engine results, the data subject’s Google account or other places, for example on websites or in association with advertising. Moreover, Google is able to match visits to this website with other personal data stored at Google. Additionally, Google records this personal information with the purpose of improving or optimising different Google services.

The Google+ button always informs Google of the data subject visiting our website if the data subject is simultaneously logged into Google+ at the time of visiting our website, irrespective of whether the data subject clicks on the Google+ button.

If the data subject does not want personal data to be transferred to Google, he or she can prevent such transfers by logging out of his or her Google+ account before visiting our website.

Further information and the applicable privacy-policy provisions of Google can be viewed at www.google.de/intl/de/policies/privacy/. Further information from Google about the Google+1 button can be viewed at https://developers.google.com/search/blog/2011/03/introducing-1-button.

27. Privacy-policy provisions for the use and application of Google AdWords

5HALLS HOMMAGE HOTELS GmbH, as controller of this website, has integrated Google AdWords into this website. Google AdWords is a service for online advertising that permits advertisers to place advertisements in Google’s search engine results as well as in the Google Display Network. Google AdWords allows an advertiser to use certain predefined keywords to display an advertisement in Google’s search engine results only when the user views a keyword-related search result through the search engine. Advertisements are distributed throughout the Google Display Network using an automated algorithm and following the predefined keywords on websites on related subjects.

The company operating the Google AdWords services is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

Google AdWords is only activated when you have previously given your consent to the setting of cookies.

The purpose of Google AdWords is to advertise our website by displaying interest-based advertising on the websites of third-party companies and in Google’s search engine results and to display external advertisements on our website.

If a data subject accesses our website through a Google advertisement, Google stores a conversion cookie on the data subject’s IT system. There is an explanation of what cookies are earlier in this privacy policy. A conversion cookie stops being effective after thirty days and does not serve to identify the data subject. The conversion cookie, provided it is still effective, is used to see whether specific pages on our website have been viewed, for example the shopping basket page of an online shop system. Through the conversion cookie, both we and Google can see whether a data subject who accessed our website via an AdWords advertisement has generated revenue, that is, carried out or cancelled a purchase.

The data and information collected using the cookie is used by Google to create visitor statistics for our website. These visitor statistics are in turn used by us to calculate the total number of visitors referred to us through AdWords advertisements, i.e. to ascertain the success or failure of each AdWords advertisement and optimise our AdWords advertisements for the future. Neither our company nor other Google AdWords clients receive from Google information that could be used to identify the data subject.

Personal information such as the website visited by the data subject is stored using the conversion cookie. Accordingly, personal data, including the IP address for the data subject’s Internet connection, is transferred to Google in the United States every time our website is visited. This personal data is stored by Google in the United States. In some cases, Google shares the personal data collected through these technological processes with third parties.

The cookies described here are only set if you have previously given your consent to the storage of these types of cookies. You can of course withdraw your consent at any time or prevent cookies being set through your Web browser’s settings. Furthermore, cookies that have already been set by Google can be deleted at any time using the Web browser or other programs. Users should be aware that this may potentially result in the use of some services on our website becoming restricted.

Further information and the applicable privacy-policy provisions of Google can be viewed at www.google.de/intl/de/policies/privacy/.

28. Privacy-policy provisions for the use and application of Instagram

5HALLS HOMMAGE HOTELS GmbH, as controller of this website, has integrated components from the Instagram service into this website. When giving consent to the use of cookies, the data subject consents to the data processing described here in connection with Instagram components/the Instagram button, though he or she can also deny consent. The following information only applies if consent has been granted.

Instagram is a service that can be categorised as an audiovisual platform and enables users to share photographs and videos and also redistribute such data to other social networks.

The company operating Instagram’s services is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, United States.

Every time a page is visited on this website, the latter being operated by the controller and featuring an integrated Instagram component (Instagram button), the relevant Instagram component automatically causes the Web browser on the data subject’s IT system to download a rendering of the corresponding component from Instagram. This technical process involves Instagram receiving knowledge of the particular page on our website that the data subject visits.

Every time the data subject visits our website and for the entire length of time he or she spends on our website, Instagram will identify the specific page that the data subject is visiting if he or she is simultaneously logged into Instagram. This information is collected by the Instagram component and matched with the data subject’s Instagram account by Instagram. Should the data subject utilise one of the Instagram buttons integrated into our website, the data and information transferred through it is matched with the data subject’s personal Instagram account and stored and processed by Instagram.

The Instagram component always informs Instagram of the data subject visiting our website if the data subject is simultaneously logged into Instagram at the time of visiting our website, irrespective of whether the data subject clicks on the Instagram component. If the data subject does not want this information to be transferred to Instagram in the described manner, he or she can prevent it being transferred by logging out of his or her Instagram account before visiting our website.

Further information and Instagram’s applicable privacy-policy provisions can be viewed at help.instagram.com/155833707900388 and www.instagram.com/about/legal/privacy/.

29. Privacy-policy provisions for the use and application of LiveZilla

The controllers have integrated the LiveZilla component into this website. LiveZilla is live support-help-desk software that enables the establishment of direct communication in real time through live chat with visitors to our website. This offers a customer service option in which the controllers have a legitimate interest, for which reason the processing in this context is based on GDPR Article 6(1)(b) and (f).

The developer of the LiveZilla component is LiveZilla GmbH, Byk-Gulden-Straße 18, 78224 Singen, Germany.

Our website is equipped with a LiveZilla component, which means that this component collects data each time our website is viewed with the purpose of operating the live-chat system and analysing the system’s operations. Further information about LiveZilla can be viewed at www.livezilla.net/home/de/.

The LiveZilla component stores a cookie on the data subject’s IT system. There is an explanation of what cookies are earlier in this privacy policy. When giving consent to the use of cookies, the data subject consents to the data processing described here in connection with LiveZilla components, though he or she can also deny consent. If consent is not given, the LiveZilla service may only be able to be used with restrictions or even not at all. Pseudonymous usage profiles are generated through the LiveZilla cookie. These pseudonymous usage profiles can be used by the controllers to perform an analysis of visitor behaviour and also analyse and maintain the proper operation of the live-chat system. The analysis also serves to improve our offering. The data collected through the LiveZilla component is not used to identify the data subject unless separate, explicit consent has been obtained from the data subject beforehand. This data is not merged with personal data or with other data that contains the same pseudonym.

The cookies described here are only set if you have previously given your consent to the storage of these types of cookies. You can of course withdraw your consent at any time or prevent cookies being set through your Web browser’s settings. This would also prevent the LiveZilla component from setting a cookie on the data subject’s IT system. In addition, cookies already set by LiveZilla can be erased at any time using an Internet browser or other software. Users should be aware that this may potentially result in the use of some services on our website becoming restricted.

The applicable privacy-policy provisions of LiveZilla GmbH can be viewed at www.livezilla.net/disclaimer/de.

30. Privacy-policy provisions for the use and application of Twitter

5HALLS HOMMAGE HOTELS GmbH, as controller of this website, has integrated components from Twitter into this website. When giving consent to the use of cookies, the data subject consents to the data processing described here in connection with Twitter components, though he or she can also deny consent. The following information only applies if consent has been granted.

Twitter is a multilingual, publicly accessible microblogging service on which users publish and share ‘tweets’, short messages limited to 280 characters. These short messages can be viewed by anyone, including by persons not logged into Twitter. Tweets are also displayed to the ‘followers’ of each user. Followers are other Twitter users who follow the tweets of a user. Furthermore, Twitter makes it possible to speak to a wide audience using hashtags, links and retweets.

The company operating Twitter is Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, United States.

Every time a page is visited on this website, the latter being operated by the controller and featuring an integrated Twitter component (Twitter button), the relevant Twitter component automatically causes the Web browser on the data subject’s IT system to download a rendering of the corresponding Twitter component from Twitter. Furthermore information about the Twitter buttons can be viewed at about.twitter.com/de/resources/buttons. This technical process involves Twitter receiving knowledge of the particular page on our website that the data subject visits.

The purpose of integrating the Twitter component is to enable our users to redistribute the content of this website, spread awareness of this website in the digital community and increase our visitor traffic.

Every time the data subject visits our website and for the entire length of time he or she spends on our website, Twitter identifies the specific page on our website that the data subject is visiting if he or she is simultaneously logged into Twitter. This information is collected by the Twitter component and matched with the data subject’s Twitter account by Twitter. Should the data subject utilise one of the Twitter buttons integrated into our website, the data and information transferred through it is matched with the data subject’s personal Twitter account and stored and processed by Twitter.

The Twitter component always informs Twitter of the data subject visiting our website if the data subject is simultaneously logged into Twitter at the time of visiting our website, irrespective of whether the data subject clicks on the Twitter component. If the data subject does not want this information to be transferred to Twitter in the described manner, he or she can prevent it being transferred by logging out of his or her Twitter account before visiting our website.

Twitter’s applicable privacy-policy provisions can be viewed at https://www.linkedin.com/legal/privacy-policy.

31. Privacy-policy provisions for the use and application of YouTube

5HALLS HOMMAGE HOTELS GmbH, as controller of this website, has integrated components from YouTube into this website. YouTube is an online video portal that enables video publishers to upload video clips free of charge and enables other users to watch, rate and comment on them, also free of charge. YouTube allows any type of video to be published, for which reason full film and television broadcasts as well as music videos, trailers and user-made videos are available over its website.

The company operating YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, United States. YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

Because YouTube stores your data as a usage profile and for purposes including advertising, market research and/or the needs-based design of its website, the aforementioned component is only activated when you have previously given your consent. The following information applies in this case.

Every time a page is visited on this website, the latter being operated by the controller and featuring an integrated YouTube component (YouTube video), the relevant YouTube component automatically causes the Web browser on the data subject’s IT system to download a rendering of the corresponding YouTube component from YouTube. Further information about YouTube can be viewed at www.youtube.come/yt/about/de/. This technological process involves YouTube and Google receiving knowledge of the particular page on our website that the data subject visits.

If the data subject is simultaneously logged into YouTube, YouTube identifies the specific page on our website that the data subject is visiting if he or she visits a page containing a YouTube video. This information is collected and matched with the data subject’s YouTube account by YouTube and Google.

The YouTube component always informs YouTube and Google of the data subject visiting our website if the data subject is simultaneously logged into YouTube at the time of visiting our website, irrespective of whether the data subject clicks on a YouTube video. If the data subject does not want this information to be transferred to YouTube and Google in the described manner, he or she can prevent it being transferred by logging out of his or her YouTube account before visiting our website.

The privacy policy published by YouTube, available at https://www.google.de/intl/de/policies/privacy/, provides information about the collection, processing and use of personal data by YouTube and Google.

32. Privacy-policy provisions for the use and application of Tradedoubler

5HALLS HOMMAGE HOTELS GmbH, as controller of this website, has integrated components from Tradedoubler into this website. Tradedoubler is a German affiliate network that offers affiliate marketing. Affiliate marketing is an Internet-based form of selling that enables commercial website operators – ‘merchants’ or ‘advertisers’ – to display advertising on websites belonging to third parties, i.e. sales partners which are also referred to as ‘affiliates’ or ‘publishers’ and which usually receive commission from clicks or sales. Using the affiliate network, the merchant provides an advertising medium, i.e. a banner advertisement or other suitable form of online advertising, which is in turn displayed by an affiliate on its own website or via other channels, such as through keyword advertising or email marketing. Because the aforementioned component contains a tracking cookie, it is only activated when you have previously given your consent to the setting of cookies.

The company operating Tradedoubler is Tradedoubler GmbH, Herzog-Wilhelm-Straße 26, 80331 Munich, Germany.

Tradedoubler stores a cookie on the data subject’s IT system. There is an explanation of what cookies are earlier in this privacy policy. The tracking cookie from Tradedoubler does not store any kind of personal data. The only things stored are the identification number of the affiliate, i.e. the partner selling to the prospective customer, and the reference number of the visitor of a website and the advertisement that has been clicked on. The purpose for storing this data is to carry out commission payments between a merchant and the affiliate for commission earned through Tradedoubler, the affiliate network.

The cookies described here are only set if you have previously given your consent to the storage of these types of cookies. You can of course withdraw your consent at any time or prevent cookies being set through your Web browser’s settings. This would also prevent Tradedoubler from setting cookies on the data subject’s IT system. Furthermore, cookies that have already been set by Tradedoubler can be deleted at any time using the Web browser or other programs. Users should be aware that this may potentially result in the use of some services on our website becoming restricted.

Tradedoubler’s applicable privacy-policy provisions can be viewed at https://www.tradedoubler.com/de/datenschutzrichtlinie/.

33. Payment method: privacy-policy provisions for the PayPal payment method

5HALLS HOMMAGE HOTELS GmbH, as controller of this website, has integrated components from PayPal into this website. PayPal is an online payment-service provider. Payments are transacted through PayPal accounts, which act as virtual bank accounts for private or commercial use. Moreover, PayPal offers the option of processing virtual payments via credit card if a user does not have a PayPal account. PayPal accounts are held under an email address, for which reason they do not have an account number. PayPal makes it possible to initiate online payments to third parties and to receive payments, too. PayPal also acts in a fiduciary capacity and offers purchase protection for buyers.

The company operating PayPal in Europe is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

If a data subject selects the PayPal payment option during our online shop’s order process, the data subject’s data is transferred to PayPal automatically. By selecting this payment option, the data subject gives his or her consent to the transfer of personal data required to process payment. The legal grounds for processing this data are provided in GDPR Article 6(1)(a).

The personal data transferred to PayPal usually includes the data subject’s first name, surname, physical address, email address, IP address, landline phone number, mobile phone number or other data as necessary to process payment. Personal data related to the respective order is also required in order to fulfil the purchase agreement.

Data is transferred in order to process payment and prevent fraud. Note that the controller transfers personal data to PayPal when there is a legitimate interest for doing so. The personal data exchanged between PayPal and the controller may in some cases be transferred by PayPal to credit bureaux. Where this occurs, it is for the purposes of verifying the data subject’s identity and creditworthiness.

PayPal may potentially share personal data with affiliated companies and service providers or subcontractors to the extent that it is required to fulfil contractual obligations or if the data is to be processed by an external contractor.

The data subject is at all times free to withdraw his or her consent to PayPal’s handling of personal data. Withdrawal of consent does not have an effect on personal data that necessarily must be processed, used or transferred so that payment can be transacted (as contractually agreed).

PayPal’s applicable privacy-policy provisions can be viewed at www.paypal.com/de/webapps/mpp/ua/privacy-full.

34. Payment method: privacy-policy provisions for the Sofort payment method

5HALLS HOMMAGE HOTELS GmbH, as controller of this website, has integrated components from Sofort into this website. Sofort is a payment method that enables cashless payment for products and services over the Internet. Sofort represents a technical process through which the online retailer receives an immediate confirmation of payment. This allows the retailer to deliver goods, service or downloads to customers immediately after they order.

The company operating Sofort is Sofort GmbH, Fußbergstraße 1, 82131 Gauting, Germany.

If a data subject selects the Sofort payment option during our online shop’s order process, the data subject’s data is transferred to Sofort automatically. By selecting this payment option, the data subject gives his or her consent to the transfer of personal data required to process payment. The legal grounds for processing the data are provided in GDPR Article 6(1)(a).

When finalising a purchase with Sofort, the buyer transfers his or her PIN and one-time authorisation code to Sofort GmbH. Sofort then conducts a technical check of the buyer’s account balance and loads additional data to check the funds in the account, and concludes by carrying out a bank transfer to the online retailer. The online retailer is then automatically notified of the transaction being carried out.

The personal data exchanged with Sofort includes the data subject’s first name, surname, physical address, email address, IP address, landline phone number, mobile phone number or other data as necessary to process payment. Data is transferred in order to process payment and prevent fraud. Note that the controller also transfers other personal data to Sofort when there is a legitimate interest for doing so. The personal data exchanged between Sofort and the controller may in some cases be transferred by Sofort to credit bureaux. Where this occurs, it is for the purposes of verifying the data subject’s identity and creditworthiness.

Sofort may potentially share personal data with affiliated companies and service providers or subcontractors to the extent that it is required to fulfil contractual obligations or if the data is to be processed by an external contractor.

The data subject is at all times free to withdraw his or her consent to Sofort’s handling of personal data. Withdrawal of consent does not have an effect on personal data that necessarily must be processed, used or transferred so that payment can be transacted (as contractually agreed).

Sofort’s applicable privacy-policy provisions can be viewed at www.sofort.com/ger-DE/datenschutzerklaerung-sofort-gmbh/.

35. Legal grounds for processing

For our company, GDPR Article 6(1)(a) serves as the legal grounds for processing that entails us obtaining consent for a specific purpose. If it is necessary to process personal data to perform a contract for which the data subject is the opposite party, as is the case with data processing required for the delivery of goods, provision of another service or provision of consideration, for example, the data is processed on the grounds provided in GDPR Article 6(1)(b). The same applies to processing operations required to conduct pre-contractual activities, for instance, when inquiries are made about our products or services. If our company is subject to a legal obligation that requires us to process personal data, for example to fulfil tax obligations, the personal data is processed on the grounds provided in GDPR Article 6(1)(c). In exceptional cases, it may become necessary to process personal data to safeguard the vital interests of the data subject or another natural person. For example, this would be the case if a visitor injured him or herself on our premises and his or her name, age, health insurance details or other critical information then had to be passed onto a doctor, hospital or other third parties. In such cases, the personal data is processed on the grounds provided in GDPR Article 6(1)(d). Finally, processing operations may be performed on the grounds provided in GDPR Article 6(1)(f). These legal grounds apply to processing operations not reflected in any of the above legal grounds if they are necessary to process personal data to safeguard a legitimate interest of our company or a third party, unless the opposing interests, fundamental rights and fundamental freedoms of the data subject are overriding. We are explicitly authorised to perform such processing operations as they have been specially included in European Union legislation. In this regard, European Union legislation takes the view that a legitimate interest may potentially be assumed if the data subject is a customer of the controller (GDPR recitals, item 47, second sentence).

36. Privacy-policy provisions for use of WhatsApp as a channel of communication

The controllers have integrated into this website information about communication using the company WhatsApp. WhatsApp is a communication and social network belonging to Facebook Inc.
A social network is a social meeting place and online community run on the Internet that usually enables users to communicate with each other and interact in a virtual setting. A social network can be used as a platform to exchange opinions and experiences and it enables the online community to provide personal or commercial information. WhatsApp enables the social network’s users to do things such as create private profiles, upload photos and network with each other through their telephone number.
The company operating WhatsApp is WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. Its controller for the processing of personal data concerning data subjects living outside of the United States or Canada is WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Central Harbour, Dublin 2, Ireland.
The privacy policy published by WhatsApp, available at www.whatsapp.com/legal/, provides information about WhatsApp’s collection, processing and use of personal data. Furthermore, it explains the settings that WhatsApp offers to protect the privacy of data subjects.

37. Legitimate interests of the controller or third party in processing

If personal data is processed on the basis of GDPR Article 6(1)(f), our legitimate interest is the performance of our business activities to benefit the well-being of all our employees and shareholders.

38. Period for which personal data is stored

The period for which personal data is stored is calculated based on the relevant statutory retention period. The corresponding data is deleted as a matter of routine when the period expires, provided it is no longer required to perform or initiate contracts.

39. Statutory or contractual provisions on the provision of data; necessity when entering into the contract; data subject’s obligation to provide personal data; possible consequences when data is not provided

Please be aware that the law (e.g. tax regulations) partly requires you to supply personal data, and contractual regulations (e.g. details about the contract party) may do so, too. When entering into the contract, it may occasionally be the case that the data subject provides personal data which must then be processed by us. For example, the data subject is obliged to provide us personal data if our company enters into a contract with him or her. Not providing the personal data would result in not being able to enter into a contract with the data subject. Before providing personal data, the data subject must contact one of our employees. Our employee gives the data subject a situation-specific explanation of whether the provision of personal data is required by law or contract or required to enter into the contract, whether there is an obligation to provide personal data and the consequences that not providing personal data would have.

40. Existence of automated decision-making

As a responsible company, we do not make decisions automatically or conduct profiling.

This privacy policy was generated by the Privacy Policy Generator from the German Association for Data Protection and IT and privacy law solicitor Christian Solmecke.

Date: October 2019 X.10