1) Information About the Collection of Personal Data and Contact Details of the Controller
1.2 The controller for data processing on this website in the sense of the General Data Protection Regulation (GDPR) is the Excelsior Hotel Ernst AG. The personal data processing controller is the natural or legal person who individually or jointly decides about the purposes and means for processing personal data.
1.3 The controller appointed an external data protection officer who may be contacted at:
Excelsior Hotel Ernst AG
Trankgasse 1-5 / Domplatz
Phone: +49 (0) 221 270-1
1.4 For security reasons and to protect transmissions of personal data and other confidential contents (e.g., orders or requests for the controller), this website uses SSL and TLS encryptions. You may recognize encrypted connections by the character sequence "https://" and the lock symbol on the address bar.
2) Data Collection When Visiting Our Website
When merely visiting our website for informative purposes, i.e., if you do not register or submit information to us otherwise, we will only collect the data transmitted to our server by your browser (so-called "server log files"). When you visit our website, we will also collect the following data required technically to display our website:
- Last visited website
- Time and date of your access
- Volume of data transmitted in bytes
- Source/referrer from which you reached our page
- Operating system
- IP address (if applicable: in anonymized form)
Processing is performed on the basis of our legitimate interests under Art. 6(1) Letter f of the General Data Processing Regulation in the improvement of the stability and functionality of our website. The data is not transferred or used otherwise. However, we reserve the right to subsequently review the server log files in case of specific indications of unlawful use.
To make visits to our website attractive and to offer certain functions, we use so-called cookies on various pages. Cookies are small text files saved on your device. Some of the cookies we use will be deleted after your browser session ends, i.e., when you close your browser (so-called session cookies). Other cookies will remain on your device and enable us or our partner company (third-party provider cookies) to recognize your browser during your next visit (persistent cookies). If cookies are installed on your device, they will collect and process user information, e.g., browser and location data or IP address values, individually. Persistent cookies will be deleted automatically after a set period that may differ for each cookie.
Cookies also make saving order process settings easier (e.g., remembering the contents of a virtual shopping cart for later visits to our website). If personal data is processed by individual cookies, processing will be performed on the basis of Art. 6(1) Letter b of the General Data Processing Regulation, either to execute the contract or in accordance with Art. 6(1) Letter f of the General Data Processing Regulation to safeguard our legitimate interests in the best possible functionality of our website and for a customer-friendly and effective visit.
We may collaborate with advertising partners who help us make our Internet offer more interesting for you. For this purpose, cookies of our partners (third-party provider cookies) may be saved on your hard disk when you visit our website. If we collaborate with the stated advertising partners, you will be notified about the use of such cookies and the extent of the collected information in the following sections individually and separately.
Please note that you may configure your browser to notify you before cookies are installed to enable you to decide whether to accept cookies in certain cases or to disable cookies entirely. Each browser manages cookie settings differently. However, please note that disabling cookies may limit the functionality of our website.
4) Contacting Us
When contacting us (e.g., by contact form or email), personal data will be collected. Which data will be collected by the contact form can be found on the respective contact form. This data will only be saved and used to answer your inquiry and to contact you and for according contacting management. The legal basis for the processing of data is our legitimate interest in answering your inquiry under Art. 6(1) Letter f of the General Data Processing Regulation. If you contact us to conclude a contract, the legal basis for processing your data is Art. 6(1) Letter b of the General Data Processing Regulation. Your data will be deleted after answering your inquiry. This is the case when it can be derived from the circumstances that the respective matter has been settled and no legal storage obligations remain.
5) Data Processing When Opening a Customer Account or Executing a Contract
Personal data will be collected and processed in accordance with Art. 6(1) Letter b of the General Data Processing Regulation if provided by you for the performance of a contract or when opening a customer account. Which data will be collected may be found on the respective input forms. Your customer account may be deleted at any time by sending a message to the controller's address, given above. We will save and use the data you provide for contract execution. After complete execution of the contract or the deletion of your customer account, your data will be blocked in consideration of legal storage periods and deleted after these period have expired, unless you expressly agree to further use of your data or if we reserved further legally permitted use of your data, about which we will inform you hereafter.
6) Use of Your Data for Direct Marketing Purposes
6.1 Email Newsletter Subscription
If you subscribe to our email newsletter, we will regularly send you information about our offers. The only requirement for our newsletter is your email address. Any additional data may be submitted voluntarily and will be used to address you personally. We use so-called closed-loop authentication to send our newsletter. This means that we will only send you our newsletter after you expressly confirm that you consent to its receipt. We will send you a confirmation email that will ask you to confirm that you would like to receive our newsletter by activating a respective link.
6.2 Sending Our Email Newsletter to Existing Customers
If you provided your email address to us when purchasing goods or services, we reserve the right to regularly send you emails about offers for similar goods or services from our assortment to those you purchased. Under Section 7(3) of the German Act Against Unfair Competition [Gesetz gegen den unlauteren Wettbewerb, UWG], we are not required to obtain separate permission from you for this. Your data will be processed exclusively on the basis of our legitimate interests in personalized direct marketing under Art. 6(1) Letter f of the General Data Processing Regulation. If you initially objected to the use of your email address for this purpose, no such emails will be sent to you. You may object to the use of your email address for the above-stated direct marketing purposes with future effect at any time by sending a message to the controller's address, given above. After receipt of your objection, your email address will no longer be used for marketing purposes.
6.3 Sending Our Newsletter via 53° mailworxx
Our email newsletter is sent through our service 53° kommunikation+design, Hohenesch 64-68, 22765 Hamburg to whom we will transfer the data you submitted to us for your newsletter subscription. This transfer is performed on the basis of Art. 6(1) Letter f of the General Data Processing Regulation and serves our legitimate interest in utilizing a safe and user-friendly newsletter system for effective marketing. The data you submit to us for receipt of the newsletter (e.g., email address) will be saved on the servers of 53° mailworxx in Germany.
53° mailworxx will use this information to send and conduct statistical assessments of our newsletter on our behalf. Data will only be collected in pseudonymous form and will not be combined with other personal data you provide. You therefore cannot be identified directly. This data is only used for statistical analyses of newsletter campaigns. The results of these analyses may be used to better adjust future newsletters to the interests of the recipients.
If you would like you object to the performance of this data analysis for statistical assessment purposes, you must unsubscribe from our newsletter.
We concluded a processing contract with 53° mailworxx in which we require 53° mailworxx to protect and not disclose our customers' data to third parties.
6.4 Mail Advertisements by Letter
On the basis of our legitimate interest in personalized direct marketing, we reserve the right to save and use your first and last name, postal address and — if you submitted this information for the establishment of a contractual relationship — your title, academic degree, year of birth and your professional, industry or business description in accordance Art. 6(1) Letter f of the General Data Processing Regulation to send you interesting offers and information about our products by regular mail.
You may object to the storage and use of your data for these purposes at any time by sending a message to the controller's address, given above.
7) Use of Social Media: Videos
Use of YouTube Videos
This website uses the YouTube embedding function to display and play videos of the provider "YouTube" which is part of Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google").
Enhanced-privacy mode is used which, according to the provider, only saves user information when a video is played. If an embedded YouTube video is played, the provider will use "YouTube" cookies to collect information on user behavior. According to "YouTube," these cookies are used to compile video statistics, improve user-friendliness and prevent abusive actions. If you are logged in to Google, your data will be assigned directly to your account when you activate a video. If you do not want your data to be assigned to your YouTube profile, please log out before activating the button. Google will save your data (even if you are not logged in) in usage profiles which it will assess. Such assessments are especially performed on the basis of Google's legitimate interests under Art. 6(1) Letter f of the General Data Processing Regulation to display personalized advertisements, conduct market research and/or to design its website in a needs-based manner. You have the right to object to the creation of these usage profiles. To exercise this right, please contact YouTube.
Irrespective of whether embedded videos are played, a connection to the Google network "DoubleClick" will be established during each visit to this website which may lead to further data processing that we cannot influence.
Google LLC, based in the US, is certified for the US-European data protection agreement "Privacy Shield" which ensures adherence to the EU data protection standards.
8) Web Analysis Services
Google (Universal) Analytics
This website uses Google Analytics, a web analysis service of Google LLC. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). Google Analytics uses so-called "cookies," text files saved onto your computer that allow your use of the website to be analyzed. The information on your website use (including your shortened IP address) generated by the cookie is generally transmitted to a Google server in the USA where it is saved.
This website only uses Google Analytics with the extension "_anonymizeIp()" to ensure anonymization of your IP address by shortening it and to exclude direct personal references from being made. Through this extension, Google will shorten your IP address within a Member State of the European Union or in another state party to the European Economic Area Agreement. Only in exceptional cases will your full IP address be transferred to a Google server in the US and shortened there. In such exceptions, processing will be performed on the basis of our legitimate interests under Art. 6(1) Letter f of the General Data Processing Regulation as part of the statistical analysis of user behavior and for optimization and marketing purposes.
Google will use this information to assess your use of this website, to compile reports about website activity and to perform additional services related to use of the website and the Internet for the website operators on our behalf. The IP address transmitted by your browser through Google Analytics will not be combined with other Google data.
You can prevent cookie storage through your browser settings at any time. However, please note that you may not be able to use every function of this website. Furthermore, you can prevent the collection of cookie-generated data (including your IP address) on your use of the website and the processing of this data by Google by downloading and installing the browser plug-in provided using the following link: http://tools.google.com/dlpage/gaoptout?hl=en
As an alternative to the browser plugin or for browsers on mobile devices, please click on the following link to install an opt-out cookie that will prevent data collection by Google Analytics on this website (this opt-out cookie will only work for this browser and only for this domain. If you delete cookies from your browser, you must activate this link again):
Google LLC, based in the US, joined the US-European data protection agreement "Privacy Shield" which ensures adherence to the EU data protection standards.
9) Data Subject Rights
9.1 Applicable data protection laws grant you extensive data subject rights (disclosure and intervention rights) regarding the processing of your personal data:
- The right to information under Art. 15 of the General Data Protection Regulation about your personal data processed by us. You especially have the right to information about the processing purposes, the categories of personal data concerned, the categories of recipients to whom your personal data was or will be disclosed, the envisaged storage duration, the existence of the right to correction, deletion or processing restriction or the right to object, the existence of the right to submit complaints, the origin of your data if not collected by us and the existence of automated decision making, including profiling and, if applicable, to meaningful information about specifics and the right to be informed of the appropriate safeguards pursuant to Art. 46 of the General Data Processing Regulation relating to the transfer;
- The right to rectification under Art. 16 of the General Data Protection Regulation of inaccurate or incomplete personal data saved on you;
- The right to erasure under Art. 17 of the General Data Protection Regulation, of personal data saved by us about you if the requirements of Art. 17(1) of the General Data Processing Regulation are fulfilled. However, this right especially does not exist if the processing of your personal data is required for exercising the right to freedom of expression and information, compliance with legal obligations, reasons of public interest or for the establishment, exercise or defense of a legal claim;
- The right to processing restriction under Art. 18 of the General Data Protection Regulation of your personal data while the accuracy of your data, which you contest, is being reviewed, if you oppose the deletion of your data due to unlawful data processing and instead demand restrictions on the processing of your data, if you need your data for the establishment, exercise or defense of a legal claims, if we no longer need your data after its processing purposes have been achieved or if you submit an objection to the processing for reasons relating to your particular situation while whether our legitimate interests outweigh your interests has not yet been determined;
- The right to notification under Art. 18 of the General Data Protection Regulation. If you exercised your right to rectification or erasure of personal data or restriction of processing of your personal data against the controller, the controller must communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. You have the right to be informed about the recipients.
- The right to data portability under Art. 20 of the General Data Processing Regulation. You have the right to receive your personal data in a structured, commonly used and machine-readable format or to demand the transmission of your personal to another controller if technically feasible;
- The right to withdraw consent under Art. 7 (3) of the General Data Processing Regulation. You have the right to withdraw any consent granted for the processing of your data at any time with future effect. In case of such a withdrawal, we will delete the respective data without delay, unless further processing can be justified on a legal basis that does not require consent. However, withdrawals of consent will not affect the legitimacy of processing performed on the basis of the consent prior to its withdrawal;
- The right to submit a complaint under Art. 77 of the General Data Processing Regulation. If you believe that the processing of your personal data infringes on the General Data Processing Regulation, you have the right to—irrespective of any other administrative or judicial remedy—submit a complaint to a supervisory authority, in particular in the Member State of your habitual residence, place of work or the place of the alleged infringement.
9.2 Right to Object
If we process your personal data on the basis of our overriding legitimate interests as part of a weighing of interests, you have the right to submit an objection to this processing of your personal data for reasons relating to your particular situation at any time with future effect.
Should you exercise your right to object, we will cease processing the respective data. However, the right to further processing remains reserved if we can demonstrate reasons for the processing that outweigh your interests, basic rights and basic freedoms or if the processing serves the establishment, exercise or defense of a legal claim.
If we process your personal data for direct marketing purposes, you have the right to submit an objection to the processing of your data personal for such marketing purposes. You may exercise your right to object as described above.
Should you exercise your right to object, we will cease processing the respective data for direct marketing purposes.
10) Personal Data Storage Duration
The storage duration of personal data is based on legal storage periods (e.g., commercial law or tax law storage periods). After the expiration of the storage period, the respective data will be deleted if it is no longer needed for contract performance and/or if we have no legitimate interest in further storage.
Cologne, 23rd of May 2018