Notes on data protection

Thank you for visiting our homepage www.excelsiorhotelernst.com and thank you for your interest in our company. Data protection is a particularly high priority for the management of EXCELSIOR HOTEL ERNST AG. In principle, it is possible to use our website without providing any personal data. However, if a data subject wishes to make use of special services provided by our company via our website, it may become necessary to process personal data. If it is necessary to process personal data and there is no legal basis for the processing, we will generally obtain the consent of the data subject.

The processing of personal data such as the name, address, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to EXCELSIOR HOTEL ERNST AG. This privacy policy informs you about the type, scope and purpose of the personal data collected, used and processed by us. The privacy policy also informs data subjects of their rights.

As the controller, EXCELSIOR HOTEL ERNST AG has implemented numerous technical and organisational measures to ensure that the personal data processed via this website is protected as completely as possible. In spite of this, internet-based data transmissions may still be subject to security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions

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

a)    personal data

Personal data is any information relating to an identified or identifiable natural person (hereinafter "data subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b)    person concerned

Data subject is any identified or identifiable natural person whose personal data are processed by the controller.
 
c)    Processing

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

d)    Restriction of processing

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

e)    Profiling

Profiling is any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person's job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.

f)    Pseudonymization

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

g)    Controller or person responsible for processing

The controller or controller is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.

h)    Processor

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

i)    Recipient

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

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

k)    Consent

Consent shall mean any freely given indication of the data subject's wishes for the specific case in an informed and unambiguous manner in the form of a statement or any other unambiguous affirmative act by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.

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

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

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

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

The controller has appointed a data protection officer; he can be reached as follows:

EXCELSIOR HOTEL ERNST AG
Data Protection Officer Stephan Viehoff
Trankgasse 1-5 / Cathedral Square
D-50667 Cologne

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

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

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

Our website collects a series of general data and information with each call by a data subject or an automated system. This general data and information is stored in the log files of the server. The following can be recorded

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

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

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

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

4. Provision of the online offer and web hosting

To provide our online offer securely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers managed by them) the online offer can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services, as well as security services and technical maintenance services.

The data processed as part of the provision of the hosting offer may include all information relating to the users of our online offer, which is generated as part of the use and communication. This regularly includes the IP address, which is necessary to be able todeliver the contents of online offers to browsers, and all entries made within our online offer or from websites.

E-mail dispatch and hosting: The web hosting services we use also include the dispatch, receipt, and storage of e-mails. For these purposes, the addresses of the recipients and senders as well as further information regarding the e-mail dispatch (e.g. the providers involved) and the contents of the respective e-mails are processed. The aforementioned data may also be processed for SPAM detection purposes. Please note that e-mails are generally not sent encrypted on the Internet. As a rule, e-mails are encrypted in transit, but (unless a so-called end-to-end encryption method is used) not on the servers from which they are sent and received. We can therefore not assume any responsibility for the transmission path of the e-mails between the sender and the reception on our server.

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

5. Security measures

We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, implementation costs, the nature, scope, circumstances and purposes of the processing, as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.

The measures include safeguarding the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as the access, input, transfer, safeguarding of availability and its separation. Furthermore, we have established procedures to ensure the exercise of data subjects' rights, the deletion of data, and responses to data compromise. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software, and processes in accordance with the principle of data protection through technology design and data protection-friendly default settings.

If it is possible for us or if it is not necessary to store the IP address, we will shorten your IP address or have it shortened. In the case of IP address shortening, also known as "IP masking", the last octet, i.e. the last two numbers of an IP address, is deleted (in this context, the IP address is an identifier individually assigned to an Internet connection by the online access provider). The purpose of shortening the IP address is to prevent or make it significantly more difficult to identify a person by their IP address.

To protect your data transmitted by visiting our website, we use TLS or SSL encryption. You can recognize such encrypted connections by the prefix "https://" or the lock in the address bar of your browser.

6. Transfer and disclosure of personal data

During our processing of personal data, it may happen that the data is transferred to other bodies, companies, legally independent organizational units or persons or that it is disclosed to them. Recipients of this data may include, for example, payment institutions in the context of payment transactions, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such a case, we observe the legal requirements and conclude appropriate contracts or agreements with the recipients of your data, which serve to protect your data.

7. Data processing in third countries

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

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

Note on data transfer to the USA:

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

For a long time, the basis for the data transfer was an adequacy decision of the EU Commission based on the EU-US Privacy Shield agreement, to which many American 

companies have committed. However, in its ruling of July 16, 2020, the ECJ declared this agreement invalid (C-311/18).

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

If we use the tools with your explicit consent, you have the option at any time to revoke your consent to the processing of your personal data with effect for the future via our consent tool. You will find further information on this in the respective chapters.

8. Cookies

We use cookies on our website. Cookies are small text files that are stored by us on your computer system via your Internet browser (e.g. Mozilla Firefox, Microsoft Explorer) when you visit our website and may be stored there for only one session or for a longer period ("persistent").

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

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

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

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

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

Types of cookies used:

Type 1: Session cookies

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

Type 2: Persistent cookies or permanent cookies

Persistent cookies are also used on our website. Persistent cookies are cookies that, even if you close your Internet browser, are stored in your Internet browser or on your computer system for an extended period. They are activated each time you revisit the website that set the cookie or it is recognized in some other way, for example by an advertising network. The information stored in the persistent cookie is then transmitted to the website or advertising network. The respective storage period differs depending on the cookie. You can delete persistent cookies independently via your browser settings.

Origin cookies:

First-party cookies or first-party cookies

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

Third-party or third-party cookies

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

Functions of cookies used:

Function 1: Required cookies

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

Function 2: Performance cookies

With the help of these cookies, we can analyse website usage and improve the performance and functionality of our website. For example, information is collected about how our website is used by visitors, which pages of the website are accessed most frequently or whether error messages are displayed on certain pages.

Function 3: Cookies for marketing

Advertising cookies (third party) allow you to view various offers that match your interests. Via these cookies, the web activities of users can be recorded over a longer period. You may recognize the cookies on different end devices used by you.

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

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

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

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

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

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

We recommend that you always log out completely after you stop using a terminal device that you share with other people and whose Internet browser is set to allow cookies.

9. Use and application of a cookie consent tool

This website uses a cookie consent tool to obtain effective user consent for cookies and cookie-based applications that require consent. By integrating a corresponding JavaScript code, users are shown a banner when they access the page, in which they can give their consent for certain cookies and/or cookie-based applications by setting a check mark. The tool blocks the setting of all cookies requiring consent until the respective user grants the corresponding consent by setting a check mark. This ensures that cookies of this type are only set on the user's end device if consent has been granted.

In order for the cookie consent tool to be able to clearly assign page views to individual users and to individually record, log and store the consent settings made by the user for a session duration, certain user information (including the IP address) is collected when our website is called up by the cookie consent tool, transmitted to the tool provider's server and stored there.

The legal basis for the described data processing is Art. 6 (1) lit. c DSGVO. As the responsible party, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user consent.

We have concluded an order processing agreement with the provider, obliging him, among other things, to protect the data of visitors to our website and not to pass it on to third parties.

10. Contact

You have the possibility to contact us by mail, by phone, by fax or by e-mail.If you contact us by mail, we may process in particular your address data (e.g. surname, first name, street, city, postal code), date and time of receipt of the mail as well as those data which result from your letter itself.

If contact is made, a secretarial service may also process your data and transfer it to us after you have contacted us. Depending on the data you enter here, we will then contact you by phone, fax or e-mail and call you back or write to you if necessary.

If you contact us by telephone, your telephone number and, if necessary, your name, e-mail address, time of call and details of your request will be processed during the conversation upon request.

If you contact us by fax, in particular the fax number or the sender ID as well as the data resulting from the fax will be processed.

If you contact us by e-mail, we will process your e-mail address, the time of the e-mail and the data resulting from the message text (including attachments, if applicable).

The purpose of processing the above-mentioned data is to process your contact request and to be able to contact you to respond to your request. The legal basis for the processing of personal data described here is Art. 6 (1) lit. f DSGVO. Our legitimate interest is to offer you the possibility to contact us at any time and to be able to answer your requests.

The personal data will only be processed if it is necessary for the processing of the contact request.

11. Use of our hotel booking system

If you would like to book a room via our website, it is necessary for the conclusion of the contract that you provide your personal data, which we need for the processing of your booking. Mandatory data necessary for the processing of contracts are marked separately, other information is voluntary. We process the data you provide to process your booking. For this purpose, we may pass on your payment data to our house bank or a payment service provider used. The legal basis for this is Art. 6 para. 1 p. 1 lit. b DSGVO.

We are obliged by commercial and tax law to store your address, payment, and order data for a period of ten years.

To prevent unauthorized access by third parties to your personal data, especially financial data, the booking process is encrypted using TLS technology.

12. Use of our Poké Makai online ordering system

Poké Makai (https://poke-makai.de/) is a label of Excelsior Hotel Ernst AG. Excelsior Hotel Ernst AG is the processing entity.

It is possible to place orders online and receive these orders on site. It will then be collected, in addition to the data when visiting our website, the following data for the purpose of delivery:

  • Mandatory data: Salutation, first name, last name, telephone, e-mail, pick-up date, and time.
  • Voluntary data: Company, street, address suffix, postal code, city, comment

The payment is processed via our external service provider Concardis GmbH, Helfmann- Park 7, 65760 Eschborn, Germany as an embedded frame. For this purpose, we pass on the following data to Concardis GmbH for the processing of the payment transaction:

  • Account information consisting of first name, last name, company (optional), address, phone number, email address.
  • Amount of liability = total amount of your order
  • Means of payment (American Express, Mastercard, JCB, Visa, Diners Club International)

After the order is processed, all data collected and processed for the transaction are sent by Concardis GmbH to our systems.

We have concluded a contract with the company Concardis GmbH to regulate order processing. The privacy policy of Concardis GmbH can be found at www.concardis.com/datenschutzerklaerung.

We delete your personal data either at your request, if you inform us of this, or three years after the collection of your personal data. If your user account with us is inactive for three years, we will also delete it. Before that, you will receive a separate announcement to the e- mail address registered in your user account. We comply with the statutory retention periods.

Unless you have given us your consent, your personal data will not be disclosed to third parties or processed within Excelsior Hotel Ernst AG for purposes other than those stated here.

13. Use of data when subscribing to the e-mail newsletter

On the website of the EXCELSIOR HOTEL ERNST AG, users are given the opportunity to subscribe to our enterprise's newsletter. The personal data transmitted to us when subscribing to the newsletter is specified in the input mask used for this purpose.

The EXCELSIOR HOTEL ERNST AG informs its customers and business partners at regular intervals by means of a newsletter about enterprise offers. The newsletter of our enterprise can basically only be received by the data subject if

  • the data subject has a valid e-mail address and
  • the data subject registers for the newsletter mailing.

For legal reasons, a confirmation email is sent to the email address entered by a data subject for the first time for the newsletter dispatch using the double opt-in procedure. This confirmation e-mail serves to verify whether the owner of the e-mail address as the data subject has authorized the receipt of the newsletter.

When registering for the newsletter, we also store the IP address of the computer system used by the data subject at the time of registration, as assigned by the Internet service provider (ISP), as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later point in time and therefore serves the legal safeguarding of the controller.

The personal data collected in the context of a registration for the newsletter will be used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or a related registration, as could be the case in the event of changes to the newsletter offer or changes in the technical circumstances.

No personal data collected as part of the newsletter service will be passed on to third parties. The subscription to our newsletter can be cancelled by the data subject at any time. The consent to the storage of personal data that the data subject has given us for the newsletter dispatch can be revoked at any time. To revoking consent, a corresponding link can be found in each newsletter. Furthermore, it is also possible to unsubscribe from the newsletter mailing directly on our website at any time or to inform us of this in another way.

14. Data protection information on the use and application of the Revinate newsletter system

You have the option to sign up for our newsletter on our website.

Our e-mail newsletters are sent via the web service of our service provider Revinate, Kerkstraat 342H, 1017JA, Amsterdam, The Netherlands, to whom we pass on the data you provided when registering for the newsletter.

This transfer takes place in accordance with Art. 6 Para. 1 lit. f DSGVO and serves our legitimate interest in using an effective, secure, and user-friendly newsletter system. The data entered by you for the purpose of receiving the newsletter (e.g. e-mail address) is stored on the servers of Revinate or its hosting provider in Europe. Revinate, for its part, has concluded data protection contracts with its service providers in accordance with DSGVO.

We use this information to send and statistically evaluate the newsletter. The data is collected exclusively anonymously and is not linked to your other personal data, a direct personal reference is excluded. This data is used exclusively for the statistical analysis of newsletter campaigns.

If you wish to object to the data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter. You will find a link to unsubscribe at the end of each newsletter.

We have concluded a contract with Revinate for commissioned data processing, in which we oblige Revinate to protect our customers' data in accordance with the DSGVO and not to pass it on to third parties.

Revinate's privacy notice can be found at https://www.revinate.com/de/privacy/.

15. Newsletter tracking

The newsletters of the EXCELSIOR HOTEL ERNST AG contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in such e-mails that are sent in HTML format to enable log file recording and log file analysis. This enables a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the EXCELSIOR HOTEL ERNST AG may see when an e-mail was opened by a data subject, and which links in the e-mail were called up by the data subject.

Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by us to optimize the newsletter dispatch and to better adapt the content of future newsletters to the interests of the data subject. This personal data is not passed on to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent given in this regard via the double opt-in procedure. After a revocation, this personal data will be deleted by us. EXCELSIOR HOTEL ERNST AG automatically regards a withdrawal from the receipt of the newsletter as a revocation.

16. Promotional communication via mail, fax or telephone

We process personal data for the purpose of promotional communication, which may take place via various channels, such as e-mail, telephone, mail or fax. In this context, we observe the legal requirements and obtain the necessary consents unless the communication is permitted by law.

Recipients have the right to revoke consent given at any time or to object to promotional communications at any time.

After revocation or objection, we may store the data required to prove consent for up to three years based on our legitimate interests before deleting it. The processing of this data is limited to the purpose of a possible defense against claims. An individual deletion request is possible at any time, provided that the former existence of consent is confirmed at the same time.

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

17. Contact possibility via the website

The website of the EXCELSIOR HOTEL ERNST AG contains legal data that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If you contact us by e-mail or via a contact form, the personal data you provide will be stored automatically.

Such personal data transmitted by you to us on a voluntary basis will be stored for the purpose of processing or contacting you. This personal data will not be passed on to third parties.

18. Routine deletion and blocking of personal data

We process and store your personal data only for the period of time necessary to achieve the purpose of storage or if this has been provided for by the European Directive and Regulation Maker or another legislator in laws or regulations to which we are subject.

If the purpose of storage no longer applies or if a storage period prescribed by the European Directive and Regulation or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

19. Rights of the data subject

a) Right to confirmation

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

b) Right to information

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

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

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

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

c) Right to rectification

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data - also by means of a supplementary declaration - considering the purposes of the processing.

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

d) Right to erasure (right to be forgotten)

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

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

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

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

e) Right to restriction of processing

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

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

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

f) Right to data portability

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

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

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

g) Right of objection

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

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

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

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

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

h) Automated decisions in individual cases including profiling

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

  • is not necessary for the conclusion or performance of a contract between the data subject and the controller, or is permitted by Union or Member State legislation to which the controller is subject and that legislation contains appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject; or
  • takes place with the express consent of the data subject.

Is the decision

  • necessary for the conclusion or performance of a contract between the data subject and the controller, or
  • it takes place with the express consent of the data subject,

EXCELSIOR HOTEL ERNST AG shall take reasonable steps to safeguard the rights and freedoms as well as legitimate interests of the data subject, which include, without limitation, the right to obtain the intervention of a data subject on the part of the responsible person, to express his or her point of view and to contest the decision.

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

i) Right to revoke consent under data protection law

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

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

j) Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

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

Contact details of the competent supervisory authority:

State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia Helga Block

PO Box 20 04 44
40102 Düsseldorf
Cavalry Street 2-4
40213 Düsseldorf

Phone: 02 11/384 24-0
Fax: 02 11/384 24-10
E-mail: poststelle(at)ldi.nrw.de
Homepage: http://www.ldi.nrw.de

20. Data protection during applications and the application process

We collect and process the personal data of applicants for the purpose of handling the application process. The processing may also take place electronically. This is particularly the case if an applicant sends us the relevant application documents electronically, for example by e-mail or via a web form on the website.

If we conclude an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If we do not conclude an employment contract with the applicant, the application documents will be automatically deleted six months after notification of the rejection decision, provided that no other legitimate interests on our part prevent deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).

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

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

21. Privacy notice for our Facebook fan page

We operate a so-called Facebook fan page on the social media platform Facebook. Facebook Ireland Ltd ("Facebook") provides us as the operator with "Facebook Insights". These are various statistics that provide us with information about the use of our Facebook fan page by visitors. You can also find more information about this at https://www.facebook.com/business/pages/manage#page_insights.

Various information provided by you (including personal data) is processed by Facebook to create these statistics.

With regard to the processing of the Insights data, there is a joint responsibility between Facebook and us within the meaning of Art. 26 DSGVO. For the detailed regulation of the respective responsibility, Facebook has created an updated Page Insights Supplement, which will come into effect on November 28, 2019 and will apply to the further use of Facebook Pages as of this date.

In the interests of transparency, we are providing you with the following text of this information from Facebook; you can also find it directly on Facebook at https://www.facebook.com/legal/terms/page_controller_addendum.

Note on data transfer to the USA: The service provider has its headquarters in the USA. In its ruling of 16.07.2020, the ECJ declared the agreement on the so-called EU-US Privacy Shield invalid (C-311/18).

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

Page Insights Information

When people use Facebook products such as Pages, among others, Facebook (also "we" or "us") collects information as described in the Facebook Data Policy under "What types of information do we collect?" (For information about how we use cookies and similar technologies, see our Cookie Policy).

This includes information about how people use Facebook Products, such as the types of content they view or interact with, or the actions they take (see under "Things You and Others Do and Provide" in the Facebook Data Policy), as well as information about the devices they use (e.g., IP addresses, operating system, browser type, language settings, cookie data; see under "Device Information" in the Facebook Data Policy). The information Facebook actually collects depends on whether and how people use Facebook products.

As explained in the Facebook Data Policy under "How do we use this information?", Facebook also collects and uses information to provide analytics services, called Page Insights, to Page operators to provide them with insights into how people interact with their Pages and with content associated with them. The processing of personal data for Page Insights may be subject to the following shared responsibility agreement (Page Insights Supplement Regarding Controller).

Data processing for page insights

Page Insights are aggregate statistics created based on certain events logged by Facebook servers when people interact with Pages and their associated content.Such events consist of various data points, which, depending on the particular event, include, for example, the following:

  • An action. This includes, for example, the following actions (you can see the actions available for your page in the Insights section of your page):
    • View a page, post, video, story, or other content associated with a page.
    • Interact with a story
    • Subscribe or unsubscribe to a page
    • Mark a page or a post with "Like" or "Don't like anymore".
    • Recommend a page in a post or comment
    • Comment, share, or respond to a page post (including how to respond).
    • Hide a page post or report it as spam
    • Hover over a link to a page or the name or profile picture of a page to preview the page content
    • Click on the website button, phone number button, "plan route" button or any other button on a page
    • See the event of a page, react to an event (including the type of reaction), click on a link for event tickets.
    • Start a Messenger conversation with the page
    • View or click on items in a page store
  • Information about the action, the person who took the action, and the browser/app used to do it. These are for example:
    • Date and time of the action
    • Country/city (estimated from IP address or imported from user profile for logged in users).
    • Language code (from the browser HTTP header and/or language setting).
    • Age/gender group (from the user profile, only for logged in users)
    • Previously visited websites (from the browser HTTP header).
    • Whether the action was taken on a computer or on a mobile device (from the browser user agent or from app attributes).
    • Facebook user ID (only for logged in users)

We determine whether people are logged in users of Facebook using cookies, which we use in accordance with our cookie policy. Only a few events can be triggered by people who are not logged in to Facebook. These include visiting a page or clicking on a photo or video in a post to view it.

Page operators do not have access to the personal data processed as part of events, only to the aggregated Page Insights. Events used to create Page Insights do not store IP addresses, cookie IDs, or any other identifiers associated with individuals or their devices, other than a Facebook user ID for individuals logged into Facebook.

The events that Facebook logs to create Page Insights are determined solely by Facebook and cannot be set up, changed, or otherwise influenced by Page owners.

Page Insights addition regarding the responsible person

If any interaction by individuals with your Page and its associated content triggers the creation of a Page Insights event that includes personal data for which you (and/or any third party for whom you create or manage the Page) jointly determine the means and purposes of the processing with Facebook Ireland Limited, you acknowledge and agree on your own behalf (and as agent for and on behalf of any such third party) that this Page Insights Supplement applies with respect to the controller ("Page Insights Supplement"):

  • You and Facebook Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook Ireland", "we" or "us"; collectively, the "Parties") acknowledge and agree to be joint controllers under Article 26 of the GDPR for the processing of this personal data in Page Insights events ("Insights Data"). The joint responsibility includes the creation of these Events and their aggregation into Page Insights, which are then made available to Page Operators. The parties agree that Facebook Ireland and you, as applicable, remain separate and independent controllers for any other processing of Personal Data in connection with a Page and/or its associated content for which there is no joint decision as to the purposes and means.
  • The processing of Insights Data is subject to the terms of this Page Insights Supplement. These apply to all activities during which Facebook Ireland, its employees or its processor(s) process Insights Data.
  • With respect to Facebook Ireland's and you's compliance with the obligations under the GDPR with respect to the processing of Insights Data, the following is set forth:
    • Facebook Ireland: Facebook Ireland ensures that it has a legal basis for processing Insights Data, which is set out in Facebook Ireland's Data Policy (see under "What is our legal basis for processing data?"). Unless otherwise stated in this Page Insights Supplement, Facebook Ireland undertakes compliance with the obligations under the GDPR for the processing of Insights Data (including, without limitation, Articles 12 and 13 GDPR, Articles 15 to 21 GDPR, Articles 33 and 34 GDPR). Facebook Ireland takes appropriate technical and organizational measures in accordance with Article 32 of the GDPR to ensure the security of the processing. This includes the measures set out in the Annex below (which will be updated from time to time to reflect, for example, technological developments). All Facebook Ireland employees involved in the processing of Insights Data are bound by appropriate agreements to maintain the confidentiality of Insights Data.
    • Page Operator: You should ensure that you also have a legal basis for processing Insights data. In addition to the information provided to data subjects by Facebook Ireland about Page Insights information, you should provide your own legal basis, including, where applicable, the legitimate interests you pursue, the responsible controller(s) on your page, including their contact details, and the contact details of the data protection officer(s) (Article 13(1) lit. a - d DSGVO), if relevant.
  • Facebook Ireland provides the essence of this Page Insights supplement to data subjects (Article 26(2) of the GDPR). This is currently done via the Page Insights data information, which can be accessed from all pages.
  • Facebook Ireland will decide, in its sole discretion, how to fulfill its obligations under this Page Insights Supplement. You acknowledge and agree that only Facebook Ireland has the authority to implement decisions regarding the processing of Insights Data. You further acknowledge and agree that the Irish Data Protection Commission is the lead supervisory authority for the joint processing (without prejudice to Article 55(2) of the GDPR, where relevant).
  • This Page Insights Supplement does not grant you any right to request disclosure of personal data of Facebook users processed in connection with Facebook products. This is especially true with respect to the Page Insights we provide to you.
  • The Parties shall establish the contact options specified in the Site Insights Data Information or a document following it as the point of contact for Data Subjects.
  • If data subjects assert their rights under the GDPR with respect to the processing of Insights data against you (Article 26(3) of the GDPR) or if a supervisory authority contacts you with respect to the processing of Insights data (each a "Request"), you are required to provide us with all relevant information regarding such Requests without undue delay, but no later than within seven calendar days. To do so, you may submit this form. Facebook Ireland is committed to responding to Data Subject Requests in accordance with our obligations under this Page Insights Supplement. You agree to use reasonable efforts in a timely manner to cooperate with us in responding to any such request. You are not authorized to act or respond on behalf of Facebook Ireland.
  • If you use a Site, you agree that any claim, cause of action or dispute you may have against us arising out of or related to this Site Insights Supplement shall be resolved exclusively by the courts of Ireland, that you irrevocably submit to the jurisdiction of the Irish courts for proceedings with respect to any such claim, and that this Site Insights Supplement shall be governed by Irish law, without regard to conflict of law provisions. If you are a consumer who is a permanent resident of a Member State of the European Union, only Section4.4 of our Terms of Use will apply.
  • We may update this Site Insights Supplement from time to time. Your continued use of the Sites following any notification of an update to this Site Insights Supplement constitutes your agreement to be bound by it. If you do not agree to the updated Page Insights Supplement, please discontinue all use of the Pages. If you are a consumer who is a permanent resident of a Member State of the European Union, only Section 4.1 of our Terms of Use applies.
  • If any part of this Site Insights Supplement is held to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any part of this Site Insights Addendum shall not constitute a waiver of any rights. Any modification or waiver of these Terms of Use requested by you must be in writing and signed by us.
  • This Site Insights Supplement applies only to the processing of personal data within the scope of Regulation (EU) 2016/679 ("GDPR"). "Personal Data", "Processing", "Controller", "Processor", "Supervisory Authority" and "Data Subject" shall have the meanings ascribed to them in the GDPR in this Page Insights Supplement.

Appendix: Security

"Covered Products" includes Facebook Pages and Page Insights.

1. Information security organization

Facebook has a dedicated security officer who has overall responsibility for security in the organization. Facebook has personnel responsible for monitoring the security of Covered Products.

2. Physical and environmental security

Facebook's security measures include controls reasonably designed to ensure that physical access to data processing facilities is restricted to authorized individuals and that environmental controls are established to detect, prevent, and control destruction due to environmental hazards. Controls include:

    • Logging and auditing of physical access to the data processing facility by employees and service providers;
    • Camera monitoring systems at the respective data processing facility;
    • Systems that monitor and control temperature and humidity for computer equipment in the data processing facility;
    • Power supply and backup generators in the data processing facility;
    • Procedures for the secure deletion and destruction of data, in accordance with the terms of use for the Covered Products; and
    • Procedures requiring ID cards to enter all Facebook premises for anyone working on the Covered Products.

3. Personal

  • Training. Facebook ensures that all personnel with access to Insights data complete security training.
  • Screening and background checks. Facebook maintains a procedure for
    • Verification of the identity of individuals who have access to Insight data; and
    • to the extent permitted by law, to conduct background checks in accordance with Facebook standards for personnel working on or supporting aspects of the Covered Products.
  • Employee Security Breaches. Facebook will take disciplinary action, ranging from sanctions to termination, as permitted by law, in the event of unauthorized access to Insights data by Facebook personnel.

4. Safety tests

Facebook regularly conducts security and vulnerability testing to assess whether key controls are properly implemented and effective.

5. Access controls

  • Password Management. Facebook has developed password management procedures for its Personnel to ensure that passwords are tied to the individual and inaccessible to unauthorized individuals. At a minimum, these procedures include the following:
    • Providing passwords, including procedures for verifying the user's identity before issuing a new, replacement, or temporary password;
    • cryptographic protection of passwords when stored on computer systems or during transmission over the network;
    • Change all third-party default passwords;
    • Strong passwords in proportion to their intended use; and
    • Training on best practices related to passwords.
  • Access Management. Facebook also uses the following measures to control and monitor access to its systems by its personnel:
    • Procedure for immediately changing and revoking access rights and user IDs;
    • Procedures for reporting and revoking compromised credentials (passwords, access tokens, etc.);
    • Maintain appropriate security logs, including user ID and timestamp as appropriate;
    • Synchronization of clocks using NTP; and
    • Logging of at least the following events in user access management:
      • Authorization changes;
      • Failed and successful authentication and access attempts; and
      • Read and write operations.

6. Communication security

  • Network Security
    • Facebook uses technology that meets industry standards for network separation.
    • Remote network access to Facebook systems requires the use of encrypted communications over secure protocols and use of multi-level authentication.
  • Protection of data during transmission. Facebook enforces the use of appropriate protocols to protect the confidentiality of data when transmitted over public networks.

7. Vulnerability Management
Facebook has a vulnerability management program that includes Covered Products. This includes defining roles and responsibilities for vulnerability monitoring, vulnerability risk assessment, and patch deployment.

8. Safety incident management

  • Facebook maintains a security incident response plan to monitor, detect, and address potential security incidents involving Insights data. The security incident response plan includes, at a minimum, identification of roles and responsibilities, communications, and post-mortem reviews, including root cause analysis and remediation plans.
  • Facebook monitors its systems for potential security breaches and malicious activity involving Insights data.

Below you will find the essential information of the agreement concluded between Facebook and us pursuant to Art. 26 DSGVO.

The following are jointly responsible for processing

Facebook Ireland Ltd
4 Grand Canal Square
Dublin 2
Irland

and

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

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

Facebook has assumed primary responsibility of all obligations under the GDPR for data processing. This means in particular:

  • Facebook assumes the necessary information obligations (e.g. according to Art. 13 DSGVO),
  • Data subject rights can be asserted against Facebook (e.g. right to information or deletion, objection to data processing or revocation of consent given),
  • Ensuring the technical and organizational measures of data processing.

Facebook provides detailed information about data processing at https://www.facebook.com/ (Art. 13 DSGVO). In order to provide you with an overview of the essential information, we also refer to the content provided and links given there by Facebook within the framework of this data protection notice.

Regardless of Facebook's primary responsibility, you can also assert your rights under the GDPR directly against us. We will then forward your request to Facebook via a form provided for this purpose.

The legal basis and the purposes of Facebook's processing can be found at https://www.facebook.com/about/privacy/legal_bases and https://de-de.facebook.com/policy.php.

We have a legitimate interest in being able to track user behavior on our Facebook fan page; accordingly, the legal basis for processing the data is Art. 6 (1) lit. f DSGVO. In this way, it is possible for us to record the reach and effectiveness of our activities, such as campaigns and postings, through processed statistics. This allows us - which is also the purpose of the processing according to DSGVO - to continuously optimize our website and our offer according to demand.

Facebook may process the following data in particular:

  • User interaction, such as click behavior, posts, likes, viewing videos, page views, etc.
  • Cookies
  • Demographic characteristics, such as age, gender, state, etc.
  • IP address
  • System and device information (browser type, operating system, etc.)

When you visit our Facebook fan page, the exact processing of your data depends on whether you have a Facebook account. If you have a Facebook account, Facebook can permanently assign the data to your account to learn more about you.

But even if you do not have an account with Facebook, Facebook can store your data. This can happen using cookies. This allows Facebook to store and process information about you even without you having a Facebook account. You can find more information about Facebook's cookies at de-de.facebook.com/policies/cookies/.

We only receive anonymized statistics from Facebook about the use of our fan page. We can only see how many users have carried out which interactions, but not which user has carried out a particular action. The statistics of the Insights data therefore do not allow us to draw any conclusions about a specific person.

In an appendix to the Page Insights information, Facebook also provides information about the technical and organizational measures taken to protect your data in accordance with Article 32 of the GDPR.

You can assert your rights directly against Facebook or against us in cases of shared responsibility.

22. Use of social media plugins or links

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

We have neither influence on the collected data and data processing operations, nor are we aware of the full scope of data collection, the purposes of processing, the storage periods. We also have no information about the deletion of the collected data by the plugin provider.

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

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

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

For more information on the purpose and scope of data collection and processing by the plugin provider, please refer to the privacy notices of these providers, which are provided below. There you will also find further information on your rights in this regard and setting options for protecting your privacy.

Addresses of the respective plugin providers and URL with their privacy notices:

Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA; https://www.facebook.com/policy.php;  further information on data collection: https://www.facebook.com/help/186325668085084,https://www.facebook.com/about/privacy/your-info-on-other#applications and https://www.facebook.com/about/privacy/your-info#everyoneinfo. Facebook hat sich dem EU-US-Privacy-Shield unterworfen, https://www.privacyshield.gov/EU-US-Framework.

YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066 USA; subsidiary of Google Inc, 1600 Amphitheater Parkway, Mountainview, California 94043, USA; https://www.google.com/policies/privacy/partners/?hl=de. Google has submitted to the EU- US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

Twitter, Inc, 1355 Market St, Suite 900, San Francisco, California 94103, USA; twitter.com/privacy. Twitter has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

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

23. Information about Google services

We use various services from Google on our website. The provider is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland. You can find more information about the individual concrete services of Google in the further course of this privacy policy.

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

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

  • Log data (especially IP address)
  • Site-related information
  • Unique application numbers
  • Cookies and similar technologies

If you are logged into your Google account, Google may add the processed information to your account and treat it as personal data, depending on your account settings. For more information, please visit https://www.google.de/policies/privacy/partners.

Google states:

"We may link personal data from one service with information and personal data from other Google services. This makes it easier for you to share content with friends and acquaintances, for example. Depending on your account settings, your activities on other websites and apps may be linked to your personal data to improve Google's services and advertisements displayed by Google. " (https://www.google.com/intl/de/policies/privacy/index.html)

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

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

For more information, please see Google's privacy policy: https://www.google.com/policies/privacy/.

For information about Google's privacy settings, visit privacy.google.com/take- control.html.

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

Note on data transfer to the USA: The service provider has its headquarters in the USA. In its ruling of 16.07.2020, the ECJ declared the agreement on the so-called EU-US Privacy Shield invalid (C-311/18).

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

Use and application of Google Analytics for web analysis

We have integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, compilation, and evaluation of data about the behaviour of visitors to websites. A web analysis service collects, among other things, data on which website a data subject came to a website from (so-called referrers), which subpages of the website were accessed or how often and for how long a subpage was viewed. A web analysis is predominantly used for the optimization of a website and for the cost-benefit analysis of internet advertising.

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

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

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

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

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

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

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

Furthermore, you have the option to object to the collection of data generated by Google Analytics and related to the use of this website, as well as the processing of this data by Google, and to prevent such processing. To do this, you must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on tells Google Analytics via JavaScript that no data and information about visits to Internet pages may be transmitted to Google Analytics. The installation of the browser add-on is considered by Google as an objection. If your system is deleted, formatted or reinstalled at a later date, you must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by you or another person within your control, you have the option of reinstalling or reactivating the browser add-on.

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

Revocation of your consent

We use Google Analytics exclusively with your consent. You can revoke consent you have given once by

  • You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website;
  • das unter dem folgenden Link verfügbare Browser-Plugin herunterladen und installieren:

http://tools.google.com/dlpage/gaoptout?hl=de

  • im Einwilligungs-Tool die Zustimmung bei Google Analytics entfernen, um die Erfassung durch Google Analytics auf unserer Website zukünftig zu verhindern. Dabei wird ein Opt- Out-Cookie in Ihrem Browser abgelegt. Beachten Sie bitte, dass Sie den Opt-Out-Cookie in jedem von Ihnen genutzten Browser auf allen Ihren Endgeräten aktivieren müssen und auch ggf. wieder neu aktivieren müssen, wenn Sie einmal alle Cookies in einem Browser löschen.

Note on data transfer to the USA: The service provider has its headquarters in the USA. In its ruling of 16.07.2020, the ECJ declared the agreement on the so-called EU-US Privacy Shield invalid (C-311/18).

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

24. use and application of Google reCAPTCHA

This website uses Google reCAPTCHA, a captcha service provided by Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.

Google reCAPTCHA is used to ensure that entries made on our website are made by real people and not automated, e.g. by software (so-called robots).

For this purpose, reCAPTCHA (No CAPTCHA reCAPTCHA) displays a clickable checkbox "I am not a robot". In doing so, reCAPTCHA analyses the user's behavior based on various characteristics as soon as the user visits the website. If applicable, after clicking on the checkbox you will also be shown various images, which you must assign to a predefined image motif by clicking on the relevant images (e.g. selection of all images with cars).

The integration of reCAPTCHA takes place via an interface ("API") to the Google services. By integrating reCAPTCHA, Google may collect information (including personal data) and process it. In doing so, it cannot be ruled out that Google also transmits the information to a server in a third country.

reCAPTCHA may use cookies that are stored on your device and allow an analysis of the use of the websites you visit. In addition, reCAPTCHA also uses so-called WebBeacons, i.e. small pixels or graphics. The information generated by the cookie, if applicable in connection with the WebBeacon, about your use of this website (including your IP address) is transmitted to a Google server, possibly in the USA or other third countries, and stored there.

For more information on how reCAPTCHA works, please visit: https://developers.google.com/recaptcha/.

By integrating reCAPTCHA, we pursue the purpose of determining whether entries on our website are made by a real person or by a bot. The automated check to determine whether a real person or a bot is making the entries accelerates and simplifies our workload and increases the degree of reliability of the entries made. It also prevents misuse.

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

Revocation of your consent

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

  • preventing the storage of cookies by setting your browser software; accordingly, however, we would like to point out that in this case you may not be able to use all functions of our website to their full extent.
  • deactivate your consent via our consent tool.

 

 

Note on data transfer to the USA: The service provider has its headquarters in the USA. In its ruling of 16.07.2020, the ECJ declared the agreement on the so-called EU-US Privacy Shield invalid (C-311/18).

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

25. use and application of Instagram

We have integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, compilation, and evaluation of data about the behaviour of visitors to websites. A web analysis service collects, among other things, data on which website a data subject came to a website from (so-called referrers), which subpages of the website were accessed or how often and for how long a subpage was viewed. A web analysis is predominantly used for the optimization of a website and for the cost-benefit analysis of internet advertising.

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

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

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

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

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

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

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

Furthermore, you have the option to object to the collection of data generated by Google Analytics and related to the use of this website, as well as the processing of this data by Google, and to prevent such processing. To do this, you must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on tells Google Analytics via JavaScript that no data and information about visits to Internet pages may be transmitted to Google Analytics. The installation of the browser add-on is considered by Google as an objection. If your system is deleted, formatted or reinstalled at a later date, you must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by you or another person within your control, you have the option of reinstalling or reactivating the browser add-on.

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

Revocation of your consent

We use Google Analytics exclusively with your consent. You can revoke consent you have given once by

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

Note on data transfer to the USA:

The service provider has its headquarters in the USA. In its ruling of 16.07.2020, the ECJ declared the agreement on the so-called EU-US Privacy Shield invalid (C-311/18).

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

26. use and application of Instagram

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

The operating company of the Instagram services is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland.

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

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

 

Instagram always receives information via the Instagram component that you have visited our website if you are simultaneously logged into Instagram at the time of calling up our website; this takes place regardless of whether you click on the Instagram component or not. If you do not want this information to be transmitted to Instagram, you can prevent the transmission by logging out of your Instagram account before accessing our website.Further information and the applicable data protection provisions of Instagram can be found at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/

 

Note on data transfer to the USA:

The service provider has its headquarters in the USA. In its ruling of 16.07.2020, the ECJ declared the agreement on the so-called EU-US Privacy Shield invalid (C-311/18).

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

27. use and application of Twitter

We have integrated components of Twitter on this website. Twitter is a multilingual publicly accessible microblogging service on which users can publish and distribute so-called tweets, i.e. short messages that are limited to 280 characters. These short messages can be accessed by anyone, including people who are not registered with Twitter. However, the tweets are also displayed to the so-called followers of the respective user. Followers are other Twitter users who follow the tweets of a user. Furthermore, Twitter enables a broad audience to be addressed via hashtags, links or retweets.

Twitter International Company, One Cumberland Place, Fenian Street Dublin 2, D02 AX07, Ireland.

Each time you call up one of the individual pages of this website that is operated by us and on which a Twitter component (Twitter button) has been integrated, the Internet browser on your system is automatically prompted by the respective Twitter component to download a representation of the corresponding Twitter component from Twitter. Further information on the Twitter buttons can be found at about.twitter.com/de/resources/buttons. Within the scope of this technical procedure, Twitter receives knowledge of which specific subpage of our website is visited by you. The purpose of integrating the Twitter component is to enable our users to disseminate the content of this website, to make this website known in the digital world and to increase our visitor numbers.

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

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

The applicable data protection provisions of Twitter are available at https://twitter.com/privacy?lang=de

Note on data transfer to the USA:

The service provider has its headquarters in the USA. In its ruling of 16.07.2020, the ECJ declared the agreement on the so-called EU-US Privacy Shield invalid (C-311/18).

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

28. Integration of YouTube videos

We have integrated YouTube components on this website. YouTube is an Internet video portal that allows video publishers to post video clips free of charge and other users to view, rate and comment on them, also free of charge. YouTube allows the publication of all types of videos, which is why complete film and TV shows, but also music videos, trailers or videos made by users themselves can be accessed via the Internet portal.

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

Each time you call up one of the individual pages of this website that is operated by us and on which a YouTube component (YouTube video) has been integrated, the Internet browser on your system is automatically prompted by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube.

Further information on YouTube can be found at www.youtube.com/yt/about/de/. Within the scope of this technical procedure, YouTube and Google receive knowledge about which specific subpage of our website is visited by you.

If you are logged into YouTube at the same time, this information is collected by YouTube and Google and assigned to your YouTube account.

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

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

Note on data transfer to the USA:

The service provider has its headquarters in the USA. In its ruling of 16.07.2020, the ECJ declared the agreement on the so-called EU-US Privacy Shield invalid (C-311/18).

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

29. Legal basis of processing

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

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

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

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

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

30. Storage period of the personal data

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

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

31. update/deletion of your personal data

You have the possibility at any time to check, change or delete the personal data provided to us by sending us an e-mail to datenschutz(at)excelsior-hotel-ernst.de. In this way, you can also exclude the receipt of further information for the future.

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

The data processed by us will be deleted in accordance with the legal requirements as soon as their consents granted for processing are revoked or other permissions cease to apply (e.g. if the purpose of processing this data has ceased to apply or it is no longer required for the purpose).If the data is not deleted because it is required for other and legally permissible purposes, its processing is restricted to these purposes, i.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law or whose storage is necessary for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person.

32. Legal or contractual requirements for the provision of personal data

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

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

33. Existence of automated decision making

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

34. Changes to the privacy notice

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

Please note that the current version of the data protection notice is the valid one. Status: 17.12.2020

Note: This data protection information was compiled using a wide range of sources - including the links provided here.

including the links provided here. Current case law as well as interpretations and commentaries have been considered as far as we are aware.